SB0463

SENATE BILL 463

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Gay G. Kernan

AN ACT

RELATING TO PROFESSIONAL LICENSURE; AMENDING SECTIONS OF THE MEDICAL PRACTICE ACT TO PROVIDE FOR THE LICENSURE AND REGULATION BY THE NEW MEXICO MEDICAL BOARD OF OSTEOPATHIC PHYSICIANS AND OSTEOPATHIC PHYSICIAN ASSISTANTS; TRANSFERRING PERSONNEL, RECORDS AND REFERENCES IN LAW OF THE BOARD OF OSTEOPATHIC MEDICINE TO THE NEW MEXICO MEDICAL BOARD; REPEALING THE OSTEOPATHIC MEDICINE ACT.

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

SECTION 1. Section 61-6-1 NMSA 1978 (being Laws 1989, Chapter 269, Section 1, as amended) is amended to read:

"61-6-1. SHORT TITLE--PURPOSE.--

A. Chapter 61, Article 6 NMSA 1978 may be cited as the "Medical Practice Act".

B. In the interest of the public health, safety and welfare and to protect the public from the improper, unprofessional, incompetent and unlawful practice of medicine, it is necessary to provide laws and rules controlling the granting and use of the privilege to practice medicine and to establish a New Mexico medical board to implement and enforce the laws and rules.

C. The primary duties and obligations of the [medical] board are to issue licenses to qualified physicians who are medical doctors or osteopathic physicians, physician assistants and anesthesiologist assistants, to discipline incompetent or unprofessional physicians, physician assistants or anesthesiologist assistants and to aid in the rehabilitation of impaired physicians, physician assistants and anesthesiologist assistants for the purpose of protecting the public."

SECTION 2. Section 61-6-2 NMSA 1978 (being Laws 1923, Chapter 44, Section 1, as amended) is amended to read:

"61-6-2. NEW MEXICO MEDICAL BOARD--APPOINTMENT--TERMS--QUALIFICATIONS.--

A. There is created the "New Mexico medical board", consisting of [nine] eleven members. The board shall be composed of:

(1) two public members, each of whom:

(a) is a resident of New Mexico;

(b) has not been licensed by the board or practiced as a licensed physician; and

(2) one physician assistant [and] who has been a licensed physician assistant and a resident of New Mexico for at least five years immediately preceding the date of appointment;

(3) six reputable licensed physicians who are medical doctors of known ability, who are graduates of medical colleges or schools in good standing and who have been licensed physicians in and bona fide residents of New Mexico for a period of five years immediately preceding the date of their appointment [The physician assistant shall have been a licensed physician assistant and a resident of New Mexico for at least five years immediately preceding the date of appointment. Public members of the board shall be residents of New Mexico, shall not have been licensed by the board or have practiced as physicians and shall have no significant financial interest, direct or indirect, in the occupation regulated]; and

(4) two reputable licensed physicians who are osteopathic physicians of known ability, who are graduates of colleges of osteopathic medicine in good standing and who have been licensed physicians in and bona fide residents of New Mexico for a period of five years immediately preceding the date of their appointment.

B. The governor shall appoint the licensed physician members who are medical doctors from a list of names submitted to the governor by the New Mexico medical society or its authorized governing body or council. The list shall contain five names of qualified [physicians] medical doctors for each [physician] medical doctor member to be appointed. [Physician member vacancies] The governor shall appoint board members who are osteopathic physicians from a list of five qualified osteopathic physicians that the New Mexico osteopathic medical association or its authorized governing body or council approves. Vacancies among medical doctor and osteopathic physician members shall be filled in the same manner as initial appointments are made pursuant to this subsection.

C. The governor shall appoint the physician assistant member from a list of five names submitted to the governor by either:

(1) the New Mexico academy of physician assistants or its authorized governing body or council [The list shall contain five names of qualified physician assistants]; or

(2) the New Mexico osteopathic medical association or its authorized governing body or council.

D. Members shall be appointed to four-year terms, staggered so that not more than three terms expire in a year. All board members shall hold office until their successors are appointed and qualified.

E. 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 shown."

SECTION 3. Section 61-6-5 NMSA 1978 (being Laws 1973, Chapter 361, Section 2, as amended) is amended to read:

"61-6-5. DUTIES AND POWERS.--The board shall:

A. enforce and administer the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Impaired Health Care Provider Act, the Polysomnography Practice Act and the Naprapathic Practice Act;

B. adopt, publish and file, in accordance with the Uniform Licensing Act and the State Rules Act, all rules for the implementation and enforcement of the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Impaired Health Care Provider Act, the Polysomnography Practice Act and the Naprapathic Practice Act;

C. adopt and use a seal;

D. administer oaths to all applicants, witnesses and others appearing before the board, as appropriate;

E. take testimony on matters within the board's jurisdiction;

F. keep an accurate record of all its meetings, receipts and disbursements;

G. maintain records in which the name, address and license number of all licensees shall be recorded, together with a record of all license renewals, suspensions, revocations, probations, stipulations, censures, reprimands and fines;

H. grant, deny, review, suspend and revoke licenses to practice medicine and censure, reprimand, fine and place on probation and stipulation licensees and applicants in accordance with the Uniform Licensing Act for any cause stated in the Medical Practice Act, the Impaired Health Care Provider Act and the Naprapathic Practice Act;

I. hire staff and administrators as necessary to carry out the provisions of the Medical Practice Act;

J. have the authority to hire or contract with investigators to investigate possible violations of the Medical Practice Act;

K. have the authority to hire a competent attorney to give advice and counsel in regard to any matter connected with the duties of the board, to represent the board in any legal proceedings and to aid in the enforcement of the laws in relation to the medical profession and to fix the compensation to be paid to such attorney; provided, however, that [such] the attorney shall be compensated from the funds of the board;

L. establish continuing medical education requirements for licensed physicians and continuing education requirements for physician assistants;

M. establish committees as it deems necessary for carrying on its business;

N. hire or contract with a licensed physician to serve as medical director and fulfill specified duties of the secretary-treasurer;

O. establish and maintain rules related to the management of pain based on review of national standards for pain management; and

P. have the authority to waive licensure fees for the purpose of [medical doctor] physician recruitment and retention."

SECTION 4. Section 61-6-6 NMSA 1978 (being Laws 1973, Chapter 361, Section 1, as amended) is amended to read:

"61-6-6. DEFINITIONS.--As used in Chapter 61, Article 6 NMSA 1978:

A. "allopathic medicine" means the complete system or school of traditional western medicine as taught and practiced in medical colleges and schools and practiced in accordance with board rules;

[A.] B. "approved postgraduate medical training program" means a program in allopathic medicine approved by the accrediting council on graduate medical education of the American medical association or by the board;

C. "approved postgraduate osteopathic training program" means a program in osteopathic medicine approved by the American osteopathic association or the accreditation council for graduate medical education;

[B.] D. "board" means the New Mexico medical board;

E. "college of osteopathic medicine in good standing" means a college of osteopathic medicine accredited by the commission on osteopathic college accreditation and recognized by the American osteopathic association;

[C.] F. "licensed physician" means [a] an individual licensed to engage in the practice of medicine in the state as a medical doctor [licensed under the Medical Practice Act to practice medicine in New Mexico] or as an osteopathic physician;

[D.] G. "licensee" means a medical doctor, osteopathic physician, physician assistant, polysomnographic technologist, anesthesiologist assistant or naprapath licensed by the board to practice in New Mexico;

[E.] H. "medical college or school in good standing" means a board-approved medical college or school that has as high a standard as that required by the association of American medical colleges and the council on medical education of the American medical association;

I. "medical doctor" means a licensed physician who has met the requirements for authorization to engage in the practice of allopathic medicine and licensure by the board as a medical doctor established pursuant to the Medical Practice Act;

[F.] J. "medical student" means a student enrolled in a board-approved medical college or school in good standing or a college of osteopathic medicine in good standing;

K. "osteopathic medicine" means the complete system or school of osteopathic medicine as taught and practiced in the accredited colleges of osteopathic medicine and practiced in accordance with board rules;

L. "osteopathic physician" means a licensed physician who has met the requirements for authorization to engage in the practice of osteopathic medicine in New Mexico and licensure as an osteopathic physician pursuant to the Medical Practice Act or, previously, pursuant to the former Osteopathic Medicine Act;

M. "physician" means a medical doctor or an osteopathic physician licensed in this state or in another jurisdiction;

[G.] N. "physician assistant" means a health professional who is licensed by the board to practice as a physician assistant or licensed previously as an osteopathic physician assistant by the board of osteopathic medicine pursuant to the former Osteopathic Medicine Act, and who provides services to patients under the supervision and direction of a licensed physician;

[H.] O. "intern" means a first-year postgraduate student upon whom has been conferred:

(1) a degree of doctor of medicine and surgery or equivalent degree [has been conferred] by a medical college or school in good standing; or

(2) a degree of osteopathic physician or equivalent degree by a college of osteopathic medicine in good standing;

[I.] P. "resident" means a graduate of a medical college or medical school in good standing or a graduate of a college of osteopathic medicine in good standing who is in training in a board-approved and accredited residency training program in a hospital or facility affiliated with an approved hospital and who has been appointed to the position of "resident" or "fellow" for the purpose of postgraduate medical training;

[J.] Q. "the practice of medicine" means the practice of either allopathic medicine in accordance with licensure as a medical doctor or osteopathic medicine in accordance with licensure as an osteopathic physician and consists of:

(1) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in this state;

(2) offering or undertaking to administer, dispense or prescribe a drug or medicine for the use of another person, except as authorized pursuant to a professional or occupational licensing statute set forth in Chapter 61 NMSA 1978;

(3) offering or undertaking to give or administer, dispense or prescribe a drug or medicine for the use of another person, except as directed by a licensed physician;

(4) offering or undertaking to perform an operation or procedure upon a person;

(5) offering or undertaking to diagnose, correct or treat in any manner or by any means, methods, devices or instrumentalities any disease, illness, pain, wound, fracture, infirmity, deformity, defect or abnormal physical or mental condition of a person;

(6) offering medical peer review, utilization review or diagnostic service of any kind that directly influences patient care, except as authorized pursuant to a professional or occupational licensing statute set forth in Chapter 61 NMSA 1978; or

(7) acting as the representative or agent of a person in doing any of the things listed in this subsection;

[K.] R. "the practice of medicine across state lines" means:

(1) the rendering of a written or otherwise documented medical opinion concerning diagnosis or treatment of a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic, telephonic or other means from within this state to the physician or the physician's agent; or

(2) the rendering of treatment to a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic, telephonic or other means from within this state to the physician or the physician's agent;

[L.] S. "sexual contact" means touching the primary genital area, groin, anus, buttocks or breast of a patient or allowing a patient to touch another's primary genital area, groin, anus, buttocks or breast in a manner that is commonly recognized as outside the scope of acceptable medical practice;

[M.] T. "sexual penetration" means sexual intercourse, cunnilingus, fellatio or anal intercourse, whether or not there is any emission, or introducing any object into the genital or anal openings of another in a manner that is commonly recognized as outside the scope of acceptable medical practice; and

[N.] U. "United States" means the fifty states, its territories and possessions and the District of Columbia."

SECTION 5. Section 61-6-13 NMSA 1978 (being Laws 1989, Chapter 269, Section 9, as amended) is amended to read:

"61-6-13. MEDICAL DOCTORS--LICENSURE BY ENDORSEMENT.--

A. The board may grant a license to practice as a medical doctor by endorsement to an applicant who:

(1) has graduated from an accredited United States or Canadian medical school;

(2) is board certified in a specialty recognized by the American board of medical specialties;

(3) has been a licensed physician in

the United States or Canada and has [practiced] engaged in the practice of medicine as a medical doctor in the United States or Canada immediately preceding the application for at least three years;

(4) holds an unrestricted license to practice as a medical doctor in another state or Canada; and

(5) was not the subject of a disciplinary action in a state or province.

B. The board may grant a license by endorsement to an applicant who:

(1) has graduated from a medical school located outside the United States or Canada;

(2) is of good moral character;

(3) is in compliance with the United States immigration laws;

(4) is board certified in a specialty recognized by the American board of medical specialties;

(5) has been a licensed physician in the United States or Canada and has [practiced] engaged in the practice of medicine as a medical doctor in the United States or Canada immediately preceding the application for at least three years;

(6) holds an unrestricted license to practice as a medical doctor in another state or Canada; and

(7) was not the subject of disciplinary action in a state or province.

C. An endorsement provided pursuant to this section shall certify that the applicant has passed an examination that meets with board approval and that the applicant is in good standing in that jurisdiction. In cases when the applicant is board certified, has not been the subject of disciplinary action that would be reportable to the national practitioner data bank or the healthcare integrity and protection data bank and has unusual skills and experience not generally available in this state, and patients residing in this state have a significant need for such skills and experience, the board may waive a requirement imposing time limits for examination completion that are different from requirements of the state where the applicant is licensed.

D. An applicant for licensure under this section may be required to personally appear before the board or a designated agent for an interview.

E. An applicant for licensure under this section shall pay an application fee as provided in Section 61-6-19 NMSA 1978.

F. The board may require fingerprints and other information necessary for a state and national criminal background check."

SECTION 6. Section 61-6-14 NMSA 1978 (being Laws 1953, Chapter 48, Section 2, as amended) is amended to read:

"61-6-14. ORGANIZED YOUTH CAMP OR SCHOOL TEMPORARY LICENSES AND TEMPORARY LICENSES FOR OUT-OF-STATE

PHYSICIANS.--

A. The secretary-treasurer of the board or the board's designee may, either by examination or endorsement, approve a temporary license to [practice medicine and surgery] engage in the practice of medicine to an applicant qualified to engage in the practice of medicine [and surgery] in this state who will be temporarily in attendance at an organized youth camp or school; provided that:

(1) the practice shall be confined to enrollees, leaders and employees of the camp or school;

(2) the temporary license shall be issued for a period not to exceed three months from date of issuance; and

(3) the temporary license may be issued upon written application of the applicant, accompanied by such proof of the qualifications of the applicant as specified by board rule.

B. The secretary-treasurer of the board or the board's designee may approve a temporary license to [practice medicine and surgery] engage in the practice of medicine under the supervision of a licensed physician to an applicant who is licensed to practice medicine in another state, territory of the United States or another country and who is qualified to [practice medicine and surgery] engage in the practice of medicine in this state. The following provisions shall apply:

(1) the temporary license may be issued upon written application of the applicant, accompanied by proof of qualifications as specified by rule of the board. A temporary license may be granted to allow the applicant to assist in teaching, conducting research, performing specialized diagnostic and treatment procedures, implementing new technology and for physician educational purposes. A licensee may engage in only the activities specified on the temporary license, and the temporary license shall identify the licensed physician who will supervise the applicant during the time the applicant [practices] engages in the practice of medicine in New Mexico. The supervising licensed physician shall submit an affidavit attesting to the qualifications of the applicant and activities the applicant will perform; and

(2) the temporary license shall be issued for a period not to exceed three months from date of issuance and may be renewed upon application and payment of fees as provided in Section 61-6-19 NMSA 1978.

C. The application for a temporary license under this section shall be accompanied by a license fee as provided in Section 61-6-19 NMSA 1978."

SECTION 7. Section 61-6-17 NMSA 1978 (being Laws 1973, Chapter 361, Section 8, as amended) is amended to read:

"61-6-17. EXCEPTIONS TO ACT.--The Medical Practice Act shall not apply to or affect:

A. gratuitous services rendered in cases of emergency;

B. the domestic administration of family remedies;

C. the practice of midwifery as regulated in this state;

D. commissioned medical officers of the armed forces of the United States and medical officers of the United States public health service or the veterans administration of the United States in the discharge of their official duties or within federally controlled facilities; provided that such persons who hold medical licenses in New Mexico shall be subject to the provisions of the Medical Practice Act and provided that all such persons shall be fully licensed to practice medicine in one or more jurisdictions of the United States;

E. the practice of medicine by a physician, unlicensed in New Mexico, who performs emergency medical procedures in air or ground transportation on a patient from inside of New Mexico to another state or back; provided that the physician is duly licensed in that state;

F. the practice, as defined and limited under their respective licensing laws, of:

[(1) osteopathy;

(2)] (1) dentistry;

[(3)] (2) podiatry;

[(4)] (3) nursing;

[(5)] (4) optometry;

[(6)] (5) psychology;

[(7)] (6) chiropractic;

[(8)] (7) pharmacy;

[(9)] (8) acupuncture and oriental medicine; or

[(10)] (9) physical therapy;

G. an act, task or function performed by a physician assistant at the direction of and under the supervision of a licensed physician, when:

(1) the physician assistant is currently licensed by the board;

(2) the act, task or function is performed at the direction of and under the supervision of a licensed physician in accordance with rules promulgated by the board; and

(3) the acts of the physician assistant are within the scope of duties assigned or delegated by the supervising licensed physician and the acts are within the scope of the assistant's training;

H. an act, task or function of laboratory technicians or technologists, x-ray technicians, nurse practitioners, medical or surgical assistants or other technicians or qualified persons permitted by law or established by custom as part of the duties delegated to them by:

(1) a licensed physician or a hospital, clinic or institution licensed or approved by the public health division of the department of health or an agency of the federal government; or

(2) a health care program operated or financed by an agency of the state or federal government;

I. a properly trained medical or surgical assistant or technician or professional licensee performing under the physician's employment and direct supervision or a visiting physician or surgeon operating under the physician's direct supervision a medical act that a reasonable and prudent physician would find within the scope of sound medical judgment to delegate if, in the opinion of the delegating physician, the act can be properly and safely performed in its customary manner and if the person does not hold [himself] the person's own self out to the public as being authorized to practice medicine in New Mexico. The delegating physician shall remain responsible for the medical acts of the person performing the delegated medical acts;

J. the practice of the religious tenets of a church in the ministration to the sick or suffering by mental or spiritual means as provided by law; provided that the Medical Practice Act shall not be construed to exempt a person from the operation or enforcement of the sanitary and quarantine laws of the state;

K. the acts of a physician licensed under the laws of another state of the United States who is the treating physician of a patient and orders home health or hospice services for a resident of New Mexico to be delivered by a home and community support services agency licensed in this state; provided that a change in the condition of the patient shall be physically reevaluated by the treating physician in the treating physician's jurisdiction or by a licensed New Mexico physician;

L. a physician licensed to practice under the laws of another state who acts as a consultant to a New Mexico-licensed physician on an irregular or infrequent basis, as defined by rule of the board; and

M. a physician who engages in the informal practice of medicine across state lines without compensation or expectation of compensation; provided that the practice of medicine across state lines conducted within the parameters of a contractual relationship shall not be considered informal and is subject to licensure and rule by the board."

SECTION 8. Section 61-6-18 NMSA 1978 (being Laws 1989, Chapter 269, Section 14, as amended) is amended to read:

"61-6-18. MEDICAL STUDENTS--INTERNS--RESIDENTS.--

A. Nothing in the Medical Practice Act shall prevent a medical student properly registered or enrolled in a medical college or school in good standing or a college of osteopathic medicine in good standing from diagnosing or treating the sick or afflicted; provided that the medical student does not receive compensation for services and such services are rendered under the supervision of the school faculty as part of the student's course of study.

B. Any intern or resident who is appointed in [a board-approved residency training program] an approved postgraduate medical training program or an approved postgraduate osteopathic training program may pursue such training after obtaining a postgraduate medical training license or a postgraduate osteopathic training license from the board, respectively. The board may adopt by rule specific education or examination requirements for a postgraduate training license.

C. Any person serving in the assigned rotations and performing the assigned duties in a board-approved residency training program accredited in New Mexico may do so for an aggregate period not to exceed eight years or completion of the residency, whichever is shorter.

D. The board may require any applicant for a postgraduate medical training license or postgraduate osteopathic training license required in Subsections B and C of this section to personally appear before the board or a designated member of the board for an interview.

E. Every applicant for a postgraduate training license under this section shall pay the fees required by Section 61-6-19 NMSA 1978.

F. Postgraduate medical training licenses and postgraduate osteopathic training licenses shall be renewed annually and shall be effective during each year or part of a year of approved postgraduate medical training or approved postgraduate osteopathic training, respectively."

SECTION 9. Section 61-6-18.1 NMSA 1978 (being Laws 1994, Chapter 80, Section 10, as amended) is amended to read:

"61-6-18.1. PUBLIC SERVICE LICENSE.--

A. [Applicants] An applicant for a public service license to practice as a medical doctor shall meet all requirements for licensure and shall:

(1) be enrolled in [a board-approved residency] an approved postgraduate medical training program either in New Mexico or in another jurisdiction;

(2) obtain written approval from the approved postgraduate medical training program director of the applicant to pursue a public service practice opportunity outside the [residency] training program; and

(3) satisfy other reasonable requirements imposed by the board.

B. An applicant for a public service license to practice as an osteopathic physician shall meet all requirements for licensure and shall:

(1) be enrolled in an approved postgraduate osteopathic training program either in New Mexico or in another jurisdiction;

(2) obtain written approval from the approved postgraduate osteopathic training program director of the applicant to pursue a public service practice opportunity outside the training program; and

(3) satisfy other reasonable requirements imposed by the board.

[B.] C. A physician with one year of postdoctoral training may apply for a public service license to practice under the direct supervision of a licensed physician or with immediate access to a licensed physician by electronic means when the public service physician is employed in a medically underserved area.

[C.] D. A public service license shall expire on September 1 of each year and may be renewed by the board.

[D.] E. An applicant for a public service license shall pay the required fees set forth in Section 61-6-19 NMSA 1978."

SECTION 10. Section 61-6-19 NMSA 1978 (being Laws 1989, Chapter 269, Section 15, as amended) is amended to read:

"61-6-19. FEES.--

A. The board shall impose the following fees:

(1) an application fee not to exceed four hundred dollars ($400) for licensure by endorsement as provided in Section 61-6-13 NMSA 1978 or Section 14 of this 2017 act;

(2) an application fee not to exceed four hundred dollars ($400) for licensure by examination as provided in Section 61-6-11 NMSA 1978;

(3) a triennial renewal fee not to exceed four hundred fifty dollars ($450);

(4) a fee of twenty-five dollars ($25.00) for placing a licensed physician's license or a physician assistant's license on inactive status;

(5) a late fee not to exceed one hundred dollars ($100) for licensed physicians who renew their [license] licenses within forty-five days after the required renewal date;

(6) a late fee not to exceed two hundred dollars ($200) for licensed physicians who renew their licenses between forty-six and ninety days after the required renewal date;

(7) a reinstatement fee not to exceed six hundred dollars ($600) for reinstatement of a revoked, suspended or inactive license;

(8) a reasonable administrative fee for verification and duplication of license or registration and copying of records;

(9) a reasonable publication fee for the purchase of a publication containing the names of all practitioners licensed under the Medical Practice Act;

(10) an impaired physician fee not to exceed one hundred fifty dollars ($150) for a three-year period;

(11) an interim license fee not to exceed one hundred dollars ($100);

(12) a temporary license fee not to exceed one hundred dollars ($100);

(13) a postgraduate training license fee not to exceed fifty dollars ($50.00) annually;

(14) an application fee not to exceed one hundred fifty dollars ($150) for physician assistants applying for initial licensure;

(15) a licensure fee not to exceed one hundred fifty dollars ($150) for physician assistants biennial licensing and registration of supervising licensed physician;

(16) a late fee not to exceed fifty dollars ($50.00) for physician assistants who renew their licensure within forty-five days after the required renewal date;

(17) a late fee not to exceed seventy-five dollars ($75.00) for physician assistants who renew their licensure between forty-six and ninety days after the required renewal date;

(18) a reinstatement fee not to exceed one hundred dollars ($100) for physician assistants who reinstate an expired license;

(19) a processing fee not to exceed fifty dollars ($50.00) for each change of a supervising licensed physician for a physician assistant;

(20) a fee not to exceed three hundred dollars ($300) annually for a physician supervising a clinical pharmacist;

(21) an application and renewal fee for a telemedicine license not to exceed four hundred dollars ($400);

(22) a reasonable administrative fee, not to exceed the current cost of application for a license, that may be charged for reprocessing applications and renewals that include minor but significant errors and that would otherwise be subject to investigation and possible disciplinary action; and

(23) a reasonable fee as established by the department of public safety for nationwide and statewide criminal history screening of applicants and licensees.

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

SECTION 11. Section 61-6-20 NMSA 1978 (being Laws 1923, Chapter 44, Section 9, as amended) is amended to read:

"61-6-20. PRACTICING WITHOUT LICENSE--PENALTY.--

A. [Any] A person who [practices] engages in the practice of medicine or who attempts to engage in the practice of medicine without first complying with the provisions of the Medical Practice Act and without being the holder of a license entitling [him] the person to engage in the practice of medicine in New Mexico is guilty of a fourth degree felony.

B. [Any] A person who practices medicine across state lines or who attempts to practice medicine across state lines without first complying with the provisions of the Medical Practice Act and without being the holder of a telemedicine license entitling [him] the person to practice medicine across state lines is guilty of a fourth degree felony.

C. [Any] A person convicted pursuant to Subsection A or B of this section shall be sentenced under the provisions of the Criminal Sentencing Act to imprisonment for a definite period not to exceed eighteen months and, in the discretion of the sentencing court, to a fine not to exceed five thousand dollars ($5,000), or both. Each occurrence of [practicing] engaging in the practice of medicine or attempting to engage in the practice of medicine without complying with the Medical Practice Act shall be a separate violation."

SECTION 12. Section 61-6-26 NMSA 1978 (being Laws 1989, Chapter 269, Section 22, as amended) is repealed and a new Section 61-6-26 NMSA 1978 is enacted to read:

"61-6-26. [NEW MATERIAL] LICENSED PHYSICIANS--TRIENNIAL RENEWAL FEES.--The board shall adopt and promulgate rules to provide that, every three years, each licensed physician shall apply for a certificate of triennial renewal of license for the ensuing three years. The rules shall establish a time line and fees for timely renewal and for late renewal of licensure. Rules adopted and promulgated pursuant to this section may provide for the suspension of licensure when a licensed physician fails to renew in accordance with the time lines or payment of fees in accordance with board rules."

SECTION 13. A new section of the Medical Practice Act is enacted to read:

"[NEW MATERIAL] OSTEOPATHIC PHYSICIANS--LICENSURE--REQUIREMENTS.--

A. The board may consider for licensure as an osteopathic physician an individual who:

(1) is a graduate of a school of osteopathic medicine accredited by the commission on osteopathic college accreditation and recognized by the American osteopathic association;

(2) has successfully passed all three levels of the comprehensive osteopathic medical licensing examination, its predecessor examination or the United States medical licensing examination; provided that the board shall not grant a license to an applicant who has not passed the final level of the respective examination within seven years of having successfully passed the first level of that examination;

(3) provides evidence to the board of having completed at least two years of a board-approved nationally accredited postgraduate training program; provided that:

(a) an osteopathic physician who has been licensed in this state or another state of the United States before July 1, 2016 shall have completed at least one year of postgraduate training approved by the American osteopathic association or the accreditation council for graduate medical education; and

(b) an applicant who has not completed two years of an approved postgraduate osteopathic training program, but who otherwise meets all other licensing requirements, may present evidence to the board of the applicant's other professional experience for consideration by the board in lieu of the approved postgraduate program; and

(4) makes an application in accordance with board rules and pays the fees required pursuant to Section 61-6-19 NMSA 1978.

B. As a condition of licensure, the board may require an applicant for licensure to:

(1) appear personally before the board or its designated agent for an interview; or

(2) be fingerprinted and supply any other information necessary to obtain a state or national criminal background check; provided that an applicant shall pay any fees for a criminal background check directly to the screening entity that performs the check."

SECTION 14. A new section of the Medical Practice Act is enacted to read:

"[NEW MATERIAL] OSTEOPATHIC PHYSICIANS--LICENSURE BY ENDORSEMENT.--

A. The board may grant a license to practice as an osteopathic physician by endorsement to an applicant who:

(1) is accredited by the commission on osteopathic college accreditation and recognized by the American osteopathic association;

(2) has been licensed as an osteopathic physician in the United States or Canada and has practiced osteopathic medicine in the United States or Canada immediately preceding the application for at least three years;

(3) holds an unrestricted license to practice as an osteopathic physician in another state or Canada; and

(4) was not the subject of a disciplinary action in a state or province.

B. The board may grant a license by endorsement to an applicant who:

(1) has graduated from a school of osteopathic medicine located outside the United States or Canada;

(2) is of good moral character;

(3) is in compliance with the United States immigration laws;

(4) has been a licensed osteopathic physician in the United States or Canada and has practiced osteopathic medicine in the United States or Canada immediately preceding the application for at least three years;

(5) holds an unrestricted license in another state or Canada; and

(6) was not the subject of disciplinary action in a state or province.

C. An endorsement provided pursuant to this section shall certify that the applicant has passed an examination that meets with board approval and that the applicant is in good standing in that jurisdiction. In cases when the applicant is board-certified, has not been the subject of disciplinary action that would be reportable to the national practitioner data bank or the healthcare integrity and protection data bank and has unusual skills and experience not generally available in this state, and patients residing in this state have a significant need for such skills and experience, the board may waive a requirement imposing time limits for examination completion that are different from requirements of the state where the applicant is licensed.

D. The board may require an applicant for licensure under this section to personally appear before the board or a designated agent for an interview.

E. An applicant for licensure under this section shall pay an application fee as provided in Section 61-6-19 NMSA 1978.

F. The board may require fingerprints and other information necessary for a state and national criminal background check."

SECTION 15. A new section of the Medical Practice Act is enacted to read:

"[NEW MATERIAL] OSTEOPATHIC PHYSICIAN LICENSURE--EXAMINATION.--The examination of those who desire to be licensed by the board as osteopathic physicians shall embrace those general subjects and topics, including:

A. anatomy;

B. chemistry;

C. physiology;

D. pathology;

E. preventive medicine;

F. diagnosis;

G. toxicology;

H. therapeutics;

I. surgery;

J. gynecology;

K. obstetrics;

L. medical jurisprudence; and

M. 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."

SECTION 16. TEMPORARY PROVISION--BOARD OF OSTEOPATHIC

MEDICINE--TERMINATION OF AGENCY LIFE--TRANSFER OF CONTRACTUAL OBLIGATIONS--TRANSFER OF PERSONNEL AND RECORDS--REFERENCES IN LAW.--Effective July 1, 2017:

A. the board of osteopathic medicine is terminated;

B. one and one-half full-time-equivalent staff positions are transferred from the board of osteopathic medicine to the New Mexico medical board;

C. pending cases, legal actions, appeals and other legal proceedings and all pending administrative proceedings that involve the board of osteopathic medicine shall be unaffected and shall continue in the name of the New Mexico medical board;

D. orders and other official acts of the board of osteopathic medicine shall continue in effect until amended, replaced or repealed by the New Mexico medical board;

E. references in law, orders and other official acts to the board of osteopathic medicine shall be deemed to be references to the New Mexico medical board;

F. contractual obligations of the board of osteopathic medicine are binding on the New Mexico medical board;

G. all records belonging to the board of osteopathic medicine are transferred to the New Mexico medical board; and

H. any license that the board of osteopathic medicine has issued shall be deemed to have been issued by the New Mexico medical board and subject to New Mexico medical board regulation in accordance with the Medical Practice Act and New Mexico medical board rules.

SECTION 17. REPEAL.--Sections 61-10-1.1 through 61-10-8, 61-10-10 through 61-10-12 and 61-10-14 through 61-10-22 NMSA 1978 (being Laws 2016, Chapter 90, Sections 1 and 2, Laws 1974, Chapter 78, Section 16, Laws 1933, Chapter 117, Sections 2 and 3, Laws 2016, Chapter 90, Sections 5, 21 and 6 through 8, Laws 1933, Chapter 117, Sections 6, 8 and 9, Laws 2016, Chapter 90, Sections 19 and 22 through 25, Laws 1933, Chapter 117, Sections 10 and 12, Laws 2016, Chapter 90, Sections 12 and 20, Laws 1933, Chapter 117, Section 14, Laws 2016, Chapter 90, Section 18, Laws 1933, Chapter 117, Sections 15 and 16, Laws 1971, Chapter 140, Sections 1 and 2, Laws 1945, Chapter 79, Section 7 and Laws 1979, Chapter 36, Section 2, as amended) are repealed.

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