§ 61-10-1. Definition. (Repealed effective July 1, 2016.)
Osteopathic medicine and surgery as used in Sections 61-10-1 through 61-10-21 NMSA 1978 is the name of that complete system or school of medicine and surgery governed by this act.
§ 61-10-2. Criminal offender’s character evaluation. (Repealed effective July 1, 2016.)
The provisions of the Criminal Offender Employment Act [ 28-2-1 NMSA 1978] shall govern any consideration of criminal records required or permitted by Sections 61-10-1 through 61-10-21 NMSA 1978.
§ 61-10-3. License. (Repealed effective July 1, 2016.)
It shall be unlawful for any person to practice as an osteopathic physician in this state without a license so to do, issued by the board of osteopathic medical examiners; provided that any license or certificate heretofore issued under the laws of this state, authorizing its holder to practice osteopathic medicine, shall in no wise be affected by the provisions of this act.
§ 61-10-4. Other schools not affected. (Repealed effective July 1, 2016.)
This act shall in no way affect the practice of allopathy, homeopathy, eclectic and chiropractic by those duly licensed to practice allopathy, homeopathy, eclectic or chiropractic under the laws of this state.
§ 61-10-5. Board of
examiners; appointment; terms; meetings ; membership; examinations. (Repealed effective July 1, 2016.)
A. There is created theboard of osteopathic medical examiners ² . The board shall be administratively attached to the regulation and licensing department. The board consists of five members appointed by the governor; three members shall be regularly licensed osteopathic physicians in good standing in New Mexico, who have been so engaged for a period of at least two years immediately prior to their appointment and who are possessed of all the qualifications for applicants for licensure specified in Section 61-10-8 NMSA 1978, and two shall represent the public. The public members of the board shall not have been licensed as osteopathic physicians, nor shall the public members have any significant financial interest, direct or indirect, in the occupation regulated.
B. Board members’ terms shall be for five years. The vacancy of the term of a member shall be filled by appointment by the governor to the unexpired portion of the five-year term. A board member whose term has expired shall serve until his successor is appointed.
C. The board shall meet during the first quarter of the fiscal year and shall elect officers for the ensuing fiscal year. The board may hold other meetings as it deems necessary. A majority of the board constitutes a quorum.
D. The board shall have and use a common seal and is authorized to make and adopt all necessary rules and regulations relating to the enforcement of the provisions of Chapter 61, Article 10 NMSA 1978.
E. Examinations shall be made at least twice a year at the time and place fixed by the board. All applicants shall be given written notice of examinations at a reasonable prior date.
F. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act [ 10-8-1 NMSA 1978], but shall receive no other compensation, perquisite or allowance, for each day necessarily spent in the discharge of their duties.
G. A board member failing to attend three consecutive meetings, either regular or special, shall automatically be removed as a member of the board.
Applicants; requirements. (Repealed effective July 1, 2016.)
Each applicant for a license to practice as provided in Chapter 61, Article 10 NMSA 1978 shall comply with the following requirements:
A. make application for examination on blank forms prepared and furnished by the board;
B. submit evidence verified on oath and satisfactory to the board that the applicant has reached the age of majority, is of good moral character and is a graduate of a college of osteopathic medicine and surgery ac-credited by the American osteopathic association; and
C. pay appropriate fees as provided in Section 61-10-6.1 NMSA 1978.
1. Fees. (Repealed effective July 1, 2016.)
The board may charge the following fees:
A. an examination fee equal to the cost of purchasing the examination plus an administration fee not to exceed fifty percent of the examination fee;
B. an application fee not to exceed five hundred dollars ($ 500) for licensure by examination;
C. an application fee not to exceed five hundred dollars ($ 500) for licensure pursuant to Section 61-10-12 NMSA 1978;
an annual renewal fee not to exceed two hundred dollars ($ 200);
E. an interim license fee not to exceed two hundred dollars ($ 200);
F. a late fee not to exceed two hundred dollars ($ 200) for applicants who fail to register their licenses on or before July 1 of each year;
G. a reinstatement fee not to exceed five hundred dollars ($ 500) for reinstatement of a revoked, suspended or inactive license;
H. a reasonable administrative fee for verification of license, publications and copying charges; and
I. an impaired physician fee not to exceed one hundred dollars ($ 100) .
All fees are nonrefundable and shall be used by the board to carry out its duties.
§ 61-10-7. Temporary licenses; qualifications. (Repealed effective July 1, 2016.)
Whenever an eligible applicant shall have filed his application and met the requirements of Section 61-10-6 NMSA 1978 and complied with all other requirements of Sections 61-10-1 through 61-10-21 NMSA 1978, in the interim between regular board meetings, the secretary-treasurer of the board is empowered to issue such applicant a temporary license to hold good until the next regular meeting of the board.
§ 61-10-8. Professional education. (Repealed effective July 1, 2016.)
To be considered for licensure to practice as an osteopathic physician and surgeon the applicant shall:
A. be a graduate of a college of osteopathic medicine and surgery accredited by the American osteopathic association; and
B. have completed
an American osteopathic association approved postgraduate one-year residency program or rotating internship program.
§ 61-10-9. Repealed
§ 61-10-10. Examination. (Repealed effective July 1, 2016.)
The examination of those who desire to practice under this act shall embrace those general subjects and topics including:
1. anatomy 8. therapeutics
2. chemistry 9. surgery
3. physiology 10. gynecology
4. pathology 11. obstetrics
5. preventive medicine 12. medical jurisprudence
6. diagnosis 13. practice of osteopathic
7. toxicology medicine; and
a knowledge of which is commonly and generally required of candidates for the degree of doctor of osteopathic medicine by a standard osteopathic college in the United States.
§ 61-10-11. License issued. (Repealed effective July 1, 2016.)
Each applicant who successfully passes the examination shall be entitled to a license which carries with it the title doctor and physician with right to practice as taught and practiced in the standard colleges of osteopathic medicine and surgery.
§ 61-10-12. License
without examination. (Repealed effective July 1, 2016.)
The board may in its discretion issue a license
without examination to an osteopathic physician who has been licensed in any country, state, territory or province and who is a graduate of a standard college of osteopathic medicine upon the following conditions:
that the applicant is of good moral character;
that the requirements to practice in the country, state, territory or province in which the applicant is already licensed be equal to those of this state; and
that the applicant shall be required to pay the fee designated for such license in Section 61-10-6 NMSA 1978.
The board may also in its discretion issue a license without examination to an osteopathic physician who is a graduate of a standard college of osteopathic medicine and who has passed an examination for admission into the medical corps of the United States army, United States navy or United States public health service.
§ 61-10-13. Display of licenses and renewal thereof. (Repealed effective July 1, 2016.)
Every person holding a license authorizing him to practice osteopathic medicine in this state shall display the license and certificate of
annual renewal in his principal office practice location.
§ 61-10-14. Privileges and obligations; presence on hospital staffs; intent of act. (Repealed effective July 1, 2016.)
Osteopathic physicians and surgeons licensed hereunder shall have equal rights, privileges and obligations in the handling of cases and rendering of medical services in all branches and phases of the healing arts as are accorded or permitted physicians and surgeons of other schools of practice; that such general rights shall extend to the rendering of medical services under the provisions of public health, welfare, assistance laws and other fields of public medicine, and no regulations shall be made with respect thereto limiting, excluding or discriminating against osteopathic physicians and surgeons.
Osteopathic physicians and surgeons shall also have the right to register under the laws of the United States governing narcotics. Osteopathic physicians shall observe and be subject to all state and municipal regulations relative to the reporting of births and deaths and all matters pertaining to the public health with equal rights and obligations as physicians and surgeons of other schools of medicine, and such reports shall be accepted by the officers of the departments to which they are made.
A. That the rights, benefits and obligations conferred by this act upon licensed osteopathic physicians and surgeons shall not be construed as taking from the governing authorities of all state, county and municipal hospitals, or from any publicly supported hospital either in whole or in part the complete control and management of such hospitals with power to make rules and regulations for the operations of such hospitals and to determine who will be on the staff of such hospitals; nor shall this act be construed as taking from the governing authorities of any hospital or other institution owned, operated or mainttained [maintained] by any religious, industrial or fraternal group or organization the absolute right of complete control and management of such hospitals and institutions.
§ 61-10-15. Refusal and revocation of license. (Repealed effective July 1, 2016.)
The board of osteopathic medical examiners may either refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:
A. conviction of a felony, as shown by a certified copy of the record of the court of conviction;
B. the obtaining of, or an attempt to obtain a license, or practice in the profession for money, or any other thing of value, by fraudulent misrepresentation;
C. gross malpractice;
D. advertising, practicing or attempting to practice under a name other than one's own;
E. advertising by means of knowingly false or deceptive statements;
F. habitual drunkenness, or habitual addiction to the use of morphine, cocaine or other habit-forming drugs; or
G. immoral, dishonorable or unprofessional conduct.
The board may neither refuse to issue nor to renew nor suspend nor revoke any license, however, for any of these causes, unless the person accused has been given at least twenty days' notice in writing of the charge against him and a public hearing by the board of osteopathic medical examiners, with right of review of the board's decision by the district court of the first judicial district by certiorari, on petition of the party against whom the board's decision is rendered.
The board of osteopathic medical examiners shall have the power to compel the attendance of witnesses and the production of relevant books and papers for the investigation of matters that may come before them and the presiding officer of said board may administer the requisite oaths and said board shall have the same authority to compel the giving of testimony as is conferred on courts of justice.
§ 61-10-16. Penalties. (Repealed effective July 1, 2016.)
Each of the following acts constitutes a misdemeanor punishable upon conviction by a fine of not less than twenty-five dollars ($ 25.00) nor more than two hundred dollars ($ 200):
A. the practice of osteopathic medicine or an attempt to practice osteopathic medicine without a license;
B. the obtaining of, or attempting to obtain a license, or practice in the profession, for money or any other things of value by fraudulent misrepresentation;
C. the making of any wilfully false oath, or affirmation, when an oath or affirmation is required by this act; or
D. advertising, practicing or attempting to practice under a name other than one's own.
§ 61-10-18. [No additional powers conferred on prior licensees.] (Repealed effective July 1, 2016.)
Nothing herein contained shall be construed as conferring any powers or authority not heretofore vested in osteopathic physicians who hold licenses to practice osteopathy under any pre-existing law or regulation, unless such licenses [licensees] be likewise licensed under the provisions of this act.
Annual renewal of license; certificate; fee. (Repealed effective July 1, 2016.)
A. All persons legally licensed to practice osteopathic medicine and surgery in this state shall, on or before July 1 of each year, submit proof of completion of continuing education requirements as required by the board and pay to the secretary of the board an annual renewal fee as provided in Section 61-10-6.1 NMSA 1978 for the renewal of his license to practice osteopathic medicine and surgery. Upon payment of fees and proof of completion of continuing education requirements, the board shall issue a certificate of annual renewal of license.
B. The secretary of the board shall send a written notice to every person holding a legal certificate to practice osteopathic medicine in this state at least thirty days prior to July 1 of each year, directed to the last known address of licensee, and notify him that it will be necessary for him to pay the annual renewal fee. Proper forms shall accompany the notice, and the licensee shall make application for the renewal of his certificate on these forms. The fact that a practitioner has not received his blank form from the board shall not, however, relieve him of the duty to register on or before July 1 nor shall the board's failure to mail the forms operate to exempt him from the penalties provided in Chapter 61, Article 10 NMSA 1978.
§ 61-10-20. Postgraduate educational requirements. (Repealed effective July 1, 2016.)
For the purpose of protecting the health and well-being of the citizens of this state and for maintaining and continuing informed professional knowledge and awareness, the board shall establish mandatory continuing educational requirements for osteopathic physicians licensed in this state. In establishing such requirements, the board shall recognize and give weight to existing educational methods, procedures, devices and programs in use among the various medical specialties and other recognized medical groups and the consensus of the members of the medical community. This section does not abrogate or affect the status, force or operation of the Uniform Licensing Act [61-1-1 NMSA 1978]. The board shall not establish and enforce such requirements if they will reduce the availability of physicians in a community to an extent that adequate medical care is jeopardized.
§ 61-10-21. Failure to comply; cancellation of license; reinstatement; temporary cancellation at licensee's request. (Repealed effective July 1, 2016.)
A. In the event any licensee fails to comply with the requirements of Section 61-10-19 NMSA 1978, he shall, upon order of the board of osteopathic medical examiners, forfeit his right to practice osteopathic medicine in this state and his license and certificate shall be canceled; provided, however, that the secretary of the board may reinstate him upon the payment of all fees due and upon the presentation of satisfactory evidence of the attendance at an educational program as provided for in Chapter 61, Article 10 NMSA 1978.
B. It is further provided that any person licensed to practice osteopathic medicine in New Mexico desiring to withdraw from the active practice of his profession in this state shall have the right to apply to the secretary of the board of osteopathic medical examiners for a temporary suspension of his certificate to practice osteopathic medicine in this state, with the right to renew and reinstate his certificate if he so desires, upon a showing that he has paid the appropriate fees on or before July 1 of each year.
§ 61-10-22. Termination of agency life; delayed repeal. (Repealed effective July 1, 2016.)
The board of osteopathic medical examiners is terminated on July 1, 2015 pursuant to the Sunset Act [12-9-11 NMSA 1978]. The board shall continue to operate according to the provisions of Chapter 61, Article 10 NMSA 1978 until July 1, 2016. Effective July 1, 2016, Chapter 61, Article 10 NMSA 1978 is repealed.