45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO HEALTH CARE; ADDING DEFINITIONS; CLARIFYING BOARD POWERS; CLARIFYING LICENSE AND RENEWAL REQUIREMENTS; PROVIDING PENALTIES; PROVIDING FOR TRAINING LICENSES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING APPROPRIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 61-10-1 NMSA 1978 (being Laws 1933, Chapter 117, Section 1, as amended) is amended to read:

"61-10-1. [DEFINITION] DEFINITIONS.--["Osteopathic medicine and surgery"] As used in [Sections 67-8-1 through 67-8-18 NMSA 1953 is the name of that complete system or school of medicine and surgery governed by this act] Chapter 61, Article 10 NMSA 1978:

A. "board" means the board of osteopathic medical examiners; and

B. "osteopathic medicine and surgery" means that complete science system or school of medicine and surgery regulated pursuant to Chapter 61, Article 10 NMSA 1978."

Section 2. Section 61-10-5 NMSA 1978 (being Laws 1933, Chapter 117, Section 4, as amended) is amended to read:

"61-10-5. BOARD OF EXAMINERS--APPOINTMENT--TERMS--MEETINGS--MEMBERSHIP--[EXAMINATIONS] DUTIES AND POWERS.--

A. There is created the "board of osteopathic medical examiners". 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 members 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 any 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] hold four meetings each year and at the first meeting shall elect officers for the ensuing fiscal year. The board shall elect a president and a secretary-treasurer, and the president shall preside over meetings of the board. The board may hold other special meetings as it deems necessary. A majority of the members of the board constitutes a quorum. Actions by the board require a majority vote of 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] The board shall conduct a personal interview of each applicant for licensure. The board shall schedule time periods for interviewing at least twice a year at [the] a time and place fixed by the board. All applicants shall be given prior written notice of [examinations at a reasonable prior date] the personal interview.

F. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance, for each day necessarily spent in the discharge of their duties.

G. [Any] A board member failing to attend three consecutive meetings, either regular or special, shall automatically be removed as a member of the board unless excused from attendance by the board for good cause.

H. The board may establish committees to carry out board business. Members of committees appointed by the board shall be paid pursuant to the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

I. The board may hire or contract with investigators to investigate possible violations of Chapter 61, Article 10 NMSA 1978.

J. The board may hire an attorney or contract for legal services for advice and counsel relating to a matter connected with the duties of the board, to represent the board in a legal proceeding or to aid in the enforcement of the provisions of Chapter 61, Article 10 NMSA 1978 and may fix the compensation to be paid; provided that the compensation shall be expended from the funds of the board.

K. The board may issue investigative subpoenas for the purpose of investigating complaints against osteopathic physicians or osteopathic physician assistants licensed pursuant to Chapter 61, Article 10 NMSA 1978. Board-issued subpoenas shall be enforced by the district courts."

Section 3. Section 61-10-6 NMSA 1978 (being Laws 1933, Chapter 117, Section 5, as amended) is amended to read:

"61-10-6. APPLICANTS--REQUIREMENTS.--[Each] An applicant for a license to practice osteopathic medicine and surgery, 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 accredited by the American osteopathic association; [and]

C. pay appropriate fees as provided in Section 61-10-6.1 NMSA 1978;

D. receive a passing score on an examination administered or approved by the board and meeting the requirements as provided in Section 61-10-10 NMSA 1978; and

E. when notified, appear before the board for a personal interview."

Section 4. Section 61-10-6.1 NMSA 1978 (being Laws 1989, Chapter 371, Section 3) is amended to read:

"61-10-6.1. FEES.--

A. The board may charge the following fees:

[A.] (1) 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.] (2) an application fee not to exceed five hundred dollars ($500) for licensure by examination;

[C.] (3) an application fee not to exceed five hundred dollars ($500) for licensure pursuant to Section 61-10-12 NMSA 1978;

[D. an annual] (4) a triennial renewal fee not to exceed [two hundred dollars ($200)] eight hundred fifty dollars ($850);

[E.] (5) an interim license fee not to exceed two hundred dollars ($200);

[F.] (6) a late renewal fee not to exceed two hundred dollars ($200) for [applicants who fail] licensees failing to [register] renew their licenses on or before July 1 [of each year] of the licensee's renewal year;

[G.] (7) a reinstatement fee not to exceed [five hundred dollars ($500)] eight hundred fifty dollars ($850) for reinstatement of a revoked, suspended or inactive license;

[H.] (8) a reasonable administrative fee for verification of license, publications and copying charges; [and]

[I.] (9) an impaired physician fee not to exceed one hundred dollars ($100); and

(10) a post-graduate training license fee not to exceed two hundred dollars ($200).

B. All fees are nonrefundable and shall be used by the board to carry out its duties."

Section 5. Section 61-10-10 NMSA 1978 (being Laws 1933, Chapter 117, Section 8, as amended) is amended to read:

"61-10-10. EXAMINATION.--

A. The board may administer a board-approved licensing examination [of] to those who desire a license to practice [under this act shall embrace those general subjects and topics including:

1. anatomy;

2. chemistry;

3. physiology;

4. pathology;

5. preventive medicine;

6. diagnosis;

7. toxicology;

8. therapeutics;

9. surgery;

10. gynecology;

ll. obstetrics;

12. medical jurisprudence;

13. practice of osteopathic medicine; and] osteopathic medicine and surgery pursuant to Chapter 61, Article 10 NMSA 1978.

B. Examinations for licensure shall be approved by the board and the board shall determine a score constituting successful passing of the examination. Testing in the practice of osteopathic medicine, 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, is required.

C. The board may accept for licensure in this state an applicant's successful completion of an examination administered in this or another state; provided the applicant shall provide the board with proof of achieving a passing score as approved by the board administering the examination."

Section 6. Section 61-10-11 NMSA 1978 (being Laws 1933, Chapter 117, Section 9, as amended) is amended to read:

"61-10-11. LICENSE ISSUED.--[Each] An applicant for a license to practice osteopathic medicine and surgery as provided in Chapter 61, Article 10 NMSA 1978 who [successfuly] successfully passes the examination [shall] as provided in Section 61-10-10 NMSA 1978 and meets all other requirements provided in Section 61-10-6 NMSA 1978 may be entitled to a license [which] that carries with it the title doctor and physician with the right to practice as taught and practiced in the standard colleges of osteopathic medicine and surgery."

Section 7. A new Section 61-10-11.1 NMSA 1978 is enacted to read:

"61-10-11.1. [NEW MATERIAL] POST-GRADUATE TRAINING LICENSE.--

A. The board may grant a post-graduate training license to an intern, resident or fellow appointed in a training program accredited and approved by the board. A post-graduate training license is a restricted license allowing the licensee to serve in the assigned rotation and perform the assigned duties in the internship or residency training program.

B. An applicant for a post-graduate training license shall submit an application and request for a license through a post-graduate training program.

C. The post-graduate training license shall be renewed annually by the licensee and shall be renewable for a period not to exceed eight years or shall expire on the date the licensee completes the internship or residency training program, whichever occurs first.

D. An applicant for a post-graduate training license shall pay the fees as provided in Section 61-10-6.1 NMSA 1978.

E. The board may require an applicant for a post-graduate training license to appear before the board or a designated member of the board for an interview."

Section 8. Section 61-10-15 NMSA 1978 (being Laws 1933, Chapter 117, Section 13, as amended) is amended to read:

"61-10-15. REFUSAL, [AND] REVOCATION, SUSPENSION OR DISCIPLINE OF LICENSE.--

A. The board [of osteopathic medical examiners] may [either] refuse to issue or may suspend [or], revoke [any license] or discipline a license pursuant to the provisions of the Uniform Licensing Act for [any one or any combination of] the following [causes]:

[A.] (1) conviction of a felony, as shown by a certified copy of the record of the court of conviction;

[B.] (2) the obtaining of or an attempt to obtain a license or renewal of a license or the practice in the profession for money or any other thing of value by fraudulent misrepresentation;

[C. gross] (3) malpractice or gross negligence in the practice of osteopathic medicine and surgery;

[D.] (4) advertising, practicing or attempting to practice under a misleading or deceptive name or a name other than one's own;

[E.] (5) advertising or soliciting patients by means of knowingly false, misleading or deceptive statements or making false, misleading or deceptive statements in communications with patients or potential patients;

[F. habitual drunkenness or habitual addiction to]

(6) the inappropriate or illegal use of [morphine, cocaine or other habit-forming] drugs or alcohol; [or

G. immoral, dishonorable or unprofessional]

(7) conduct likely to deceive, defraud or harm the public;

(8) suspension, revocation or disciplinary action of the physician's license to practice osteopathic medicine and surgery in another state;

(9) failure to report to the board an action taken against the osteopathic physician's license in another state by a board, peer review body, health care entity, medical society, association, law enforcement or government agency;

(10) failure to adequately supervise a medical or surgical assistant, technician or professional licensee who renders medical care under the supervision of the osteopathic physician;

(11) engaging in sexual contact or sexual penetration with a patient; or

(12) conduct that is unbecoming, immoral, unprofessional or dishonorable.

B. The board may [neither] not refuse to issue, [nor to] refuse to renew, [nor] suspend [nor], revoke [any] or discipline a license, [however, for any of these causes] unless the person accused [has been] is given at least twenty days' notice in writing of the charge against him and a public hearing by the board [of osteopathic medical examiners] is held 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.

C. 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] it. The presiding officer of [said] the board may administer the requisite oaths, and [said] the board shall have the same authority to compel the giving of testimony as is conferred on courts of justice."

Section 9. Section 61-10-16 NMSA 1978 (being Laws 1933, Chapter 117, Section 14, as amended) is amended to read:

"61-10-16. PENALTIES.--[Each] A person who commits one 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)] is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978:

A. the practice of osteopathic medicine or surgery or an attempt to practice osteopathic medicine or surgery without a license;

B. the obtaining of or attempting to obtain a license or the practice [in the profession] of osteopathic medicine or surgery for money or any other [things] thing of value by fraudulent misrepresentation;

C. the making of [any wilfully] a willfully false oath or affirmation when an oath or affirmation is required by [this act] Chapter 61, Article 10 NMSA 1978; or

D. advertising, practicing or attempting to practice osteopathic medicine or surgery under a name other than [one's] his own."

Section 10. Section 61-10-19 NMSA 1978 (being Laws 1971, Chapter 140, Section 1, as amended) is amended to read:

"61-10-19. [ANNUAL] RENEWAL OF LICENSE--CERTIFICATE--FEE.--

A. [All persons legally] A person licensed to practice osteopathic medicine and surgery [in this state] pursuant to Chapter 61, Article 10 NMSA 1978 shall, on or before July 1 of [each] the licensee's renewal year, submit proof of completion of continuing education requirements as required by the board and pay to [the secretary of] the board [an annual] a 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 the licensee 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] a licensee at least thirty days prior to July 1 of [each] the licensee's renewal year, directed to the last known address of the licensee, and notify him [that it will be necessary for him to pay the annual] of the renewal date and renewal fee. Proper renewal forms shall accompany the notice, and the licensee shall make application for the renewal of his [certificate] license on [these] those forms. [The fact that a practitioner has not received his blank] Failure of a licensee to receive a renewal form from the board shall not [however] relieve him of the duty to [register] renew his license on or before July 1 of his renewal year nor shall the board's failure to mail the forms [operate to] exempt [him] the licensee from the penalties for nonrenewal or late renewal provided in Chapter 61, Article 10 NMSA 1978."

Section 11. Section 61-10-21 NMSA 1978 (being Laws 1945, Chapter 79, Section 7, as amended) is amended to read:

"61-10-21. FAILURE TO COMPLY--CANCELLATION OF LICENSE--REINSTATEMENT--TEMPORARY CANCELLATION AT LICENSEE'S REQUEST.--

A. [In the event any] If a licensee fails to comply with the renewal requirements [of] provided in Section 61-10-19 NMSA 1978, he shall, upon order of the board [of osteopathic medical examiners], forfeit his right to practice osteopathic medicine and surgery [in this state], and his license and certificate shall be canceled; provided, however, that [the secretary of] the board may reinstate [him] his license upon the payment of all fees due and upon the presentation of satisfactory [evidence] proof of the [attendance at an educational program] licensee's completion of continuing education requirements as provided [for] in Chapter 61, Article 10 NMSA 1978.

B. [It is further provided that any] A person licensed to practice osteopathic medicine and surgery [in New Mexico] desiring to withdraw from [the] active practice [of his profession in this state shall have the right to] may 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] license with the right to renew and reinstate his [certificate if he so desires] license upon a showing that he has paid the appropriate fees on or before July 1 of [each] the reinstatement year."