HOUSE COMMERCE AND ECONOMIC DEVELOPMENT
COMMITTEE SUBSTITUTE FOR
HOUSE BILL 83
56th legislature - STATE OF NEW MEXICO - first session, 2023
RELATING TO LICENSURE; REQUIRING THE NEW MEXICO MEDICAL BOARD TO ENFORCE AND ADMINISTER THE PODIATRY ACT; CHANGING THE TITLE OF "PODIATRIST" TO "PODIATRIC PHYSICIAN"; CONFORMING SECTIONS OF THE PODIATRY ACT; PROVIDING FOR THE NEW MEXICO MEDICAL BOARD FUND TO RECEIVE FUNDS COLLECTED UNDER THE PODIATRY ACT; CREATING THE PODIATRY ADVISORY COMMITTEE; REQUIRING THE PODIATRY ADVISORY COMMITTEE TO ADVISE THE NEW MEXICO MEDICAL BOARD; DEFINING DUTIES; CHANGING RECIPROCITY REQUIREMENTS; REQUIRING LICENSURE RENEWAL AFTER TWO YEARS; REMOVING THE TAXATION REGISTRATION NUMBER REQUIREMENT AS A CONDITION OF RENEWAL; ADDING A CIRCUMSTANCE FOR POSTGRADUATE EDUCATION WAIVER; REPEALING SECTIONS OF THE PODIATRY ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-6-5 NMSA 1978 (being Laws 1973, Chapter 361, Section 2, as amended) is amended to read:
"61-6-5. MEDICAL BOARD 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, the Naturopathic Doctors' Practice Act, the Podiatry Act and the Naprapathic Practice Act;
B. promulgate, in accordance with 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, the Naturopathic Doctors' Practice Act, the Podiatry 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. discipline licensees or 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 law that the board is charged with enforcing;
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 a health care profession or occupation over which the board has authority and to fix the compensation to be paid to such attorney; provided, however, that such attorney shall be compensated from the funds of the board;
L. establish continuing education requirements for licensed practitioners over which the board has authority;
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 the recruitment and retention of health care practitioners over which the board has authority."
SECTION 2. 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 the Medical Practice Act:
A. "approved postgraduate training program for physicians" means a program approved by the accreditation council for graduate medical education, the American osteopathic association or other board-approved program;
B. "board" means the New Mexico medical board;
C. "collaboration" means the process by which a licensed physician and a physician assistant jointly contribute to the health care and medical treatment of patients; provided that:
(1) each collaborator performs actions that the collaborator is licensed or otherwise authorized to perform; and
(2) collaboration shall not be construed to require the physical presence of the licensed physician at the time and place services are rendered;
D. "licensed physician" means a medical or osteopathic physician licensed under the Medical Practice Act to practice medicine in New Mexico;
E. "licensee" or "health care practitioner" means a medical physician, osteopathic physician, physician assistant, polysomnographic technologist, anesthesiologist assistant, naturopathic doctor, podiatric physician or naprapath licensed by the board to practice in New Mexico;
F. "medical college or school in good standing" for medical physicians 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; and for osteopathic physicians means a college of osteopathic medicine accredited by the commission of osteopathic college accreditation;
G. "medical student" means a student enrolled in a board-approved medical college or school in good standing;
H. "physician assistant" means a health care practitioner who is licensed by the board to practice as a physician assistant and who provides services to patients with the supervision of or in collaboration with a licensed physician as set forth in rules promulgated by the board;
I. "resident" means a graduate of a medical college or school 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. "the practice of medicine" consists of:
(1) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine or to practice health care that is under the authority of the board 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. "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. "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 or health care practice;
M. "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 or health care practice; and
N. "United States" means the fifty states, its territories and possessions and the District of Columbia."
SECTION 3. Section 61-6-15 NMSA 1978 (being Laws 1969, Chapter 46, Section 6, as amended) is amended to read:
"61-6-15. LICENSE MAY BE REFUSED, REVOKED OR SUSPENDED--LICENSEE MAY BE FINED, CENSURED OR REPRIMANDED--PROCEDURE--PRACTICE AFTER SUSPENSION OR REVOCATION--PENALTY--UNPROFESSIONAL AND DISHONORABLE CONDUCT DEFINED--FEES AND EXPENSES.--
A. The board may refuse to license and may revoke or suspend a license that has been issued by the board or a previous board and may fine, censure or reprimand a licensee upon satisfactory proof being made to the board that the applicant for or holder of the license has been guilty of unprofessional or dishonorable conduct. The board may also refuse to license an applicant who is unable to practice as a physician, practice as a physician assistant, an anesthesiologist assistant, a genetic counselor, a naturopathic practitioner, [or] a naprapathic practitioner or a podiatric physician or practice polysomnography, pursuant to Section 61-7-3 NMSA 1978. All proceedings shall be as required by the Uniform Licensing Act or the Impaired Health Care Provider Act.
B. The board may, in its discretion and for good cause shown, place the licensee on probation on the terms and conditions it deems proper for protection of the public, for the purpose of rehabilitation of the probationer or both. Upon expiration of the term of probation, if a term is set, further proceedings may be abated by the board if the holder of the license furnishes the board with evidence that the licensee is competent to practice, is of good moral character and has complied with the terms of probation.
C. If evidence fails to establish to the satisfaction of the board that the licensee is competent and is of good moral character or if evidence shows that the licensee has not complied with the terms of probation, the board may revoke or suspend the license. If a license to practice in this state is suspended, the holder of the license may not practice during the term of suspension. A person whose license has been revoked or suspended by the board and who thereafter practices or attempts or offers to practice in New Mexico, unless the period of suspension has expired or been modified by the board or the license reinstated, is guilty of a felony and shall be punished as provided in Section 61-6-20 NMSA 1978.
D. "Unprofessional or dishonorable conduct", as used in this section, means, but is not limited to because of enumeration, conduct of a licensee that includes the following:
(1) procuring, aiding or abetting an illegal procedure;
(2) employing a person to solicit patients for the licensee;
(3) representing to a patient that a manifestly incurable condition of sickness, disease or injury can be cured;
(4) obtaining a fee by fraud or misrepresentation;
(5) willfully or negligently divulging a professional confidence;
(6) conviction of an offense punishable by incarceration in a state penitentiary or federal prison or conviction of a misdemeanor associated with the practice of the licensee. A copy of the record of conviction, certified by the clerk of the court entering the conviction, is conclusive evidence;
(7) habitual or excessive use of intoxicants or drugs;
(8) fraud or misrepresentation in applying for or procuring a license to practice in this state or in connection with applying for or procuring renewal, including cheating on or attempting to subvert the licensing examinations;
(9) making false or misleading statements regarding the skill of the licensee or the efficacy or value of the medicine, treatment or remedy prescribed or administered by the licensee or at the direction of the licensee in the treatment of a disease or other condition of the human body or mind;
(10) impersonating another licensee, permitting or allowing a person to use the license of the licensee or practicing as a licensee under a false or assumed name;
(11) aiding or abetting the practice of a person not licensed by the board;
(12) gross negligence in the practice of a licensee;
(13) manifest incapacity or incompetence to practice as a licensee;
(14) discipline imposed on a licensee by another licensing jurisdiction, including denial, probation, suspension or revocation, based upon acts by the licensee similar to acts described in this section. A certified copy of the record of disciplinary action or sanction taken by another jurisdiction is conclusive evidence of the action;
(15) the use of a false, fraudulent or deceptive statement in a document connected with the practice of a licensee;
(16) fee splitting;
(17) the prescribing, administering or dispensing of narcotic, stimulant or hypnotic drugs for other than accepted therapeutic purposes;
(18) conduct likely to deceive, defraud or harm the public;
(19) repeated similar negligent acts or a pattern of conduct otherwise described in this section or in violation of a board rule;
(20) employing abusive billing practices;
(21) failure to report to the board any adverse action taken against the licensee by:
(a) another licensing jurisdiction;
(b) a peer review body;
(c) a health care entity;
(d) a professional or medical society or association;
(e) a governmental agency;
(f) a law enforcement agency; or
(g) a court for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section;
(22) failure to report to the board the denial of licensure, surrender of a license or other authorization to practice in another state or jurisdiction or surrender of membership on any medical staff or in any medical or professional association or society following, in lieu of and while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section;
(23) failure to furnish the board, its investigators or representatives with information requested by the board;
(24) abandonment of patients;
(25) being found mentally incompetent or insane by a court of competent jurisdiction;
(26) injudicious prescribing, administering or dispensing of a drug or medicine;
(27) failure to adequately supervise, as provided by board rule, a medical or surgical assistant or technician or professional licensee who renders health care;
(28) sexual contact with a patient or person who has authority to make medical decisions for a patient, other than the spouse of the licensee;
(29) conduct unbecoming in a person licensed to practice or detrimental to the best interests of the public;
(30) the surrender of a license or withdrawal of an application for a license before another state licensing board while an investigation or disciplinary action is pending before that board for acts or conduct similar to acts or conduct that would constitute grounds for action pursuant to this section;
(31) sexual contact with a former mental health patient of the licensee, other than the spouse of the licensee, within one year from the end of treatment;
(32) sexual contact with a patient when the licensee uses or exploits treatment, knowledge, emotions or influence derived from the current or previous professional relationship;
(33) improper management of medical records, including failure to maintain timely, accurate, legible and complete medical records;
(34) failure to provide pertinent and necessary medical records to a physician or patient of the physician in a timely manner when legally requested to do so by the patient or by a legally designated representative of the patient;
(35) undertreatment of pain as provided by board rule;
(36) interaction with physicians, hospital personnel, patients, family members or others that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient;
(37) soliciting or receiving compensation by a physician assistant or anesthesiologist assistant from a person who is not an employer of the assistant;
(38) willfully or negligently divulging privileged information or a professional secret; or
(39) the use of conversion therapy on a minor.
E. As used in this section:
(1) "conversion therapy" means any practice or treatment that seeks to change a person's sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same sex. "Conversion therapy" does not mean:
(a) counseling or mental health services that provide acceptance, support and understanding of a person without seeking to change gender identity or sexual orientation; or
(b) mental health services that facilitate a person's coping, social support, sexual orientation or gender identity exploration and development, including an intervention to prevent or address unlawful conduct or unsafe sexual practices, without seeking to change gender identity or sexual orientation;
(2) "fee splitting" includes offering, delivering, receiving or accepting any unearned rebate, refunds, commission preference, patronage dividend, discount or other unearned consideration, whether in the form of money or otherwise, as compensation or inducement for referring patients, clients or customers to a person, irrespective of any membership, proprietary interest or co-ownership in or with a person to whom the patients, clients or customers are referred;
(3) "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth;
(4) "minor" means a person under eighteen years of age; and
(5) "sexual orientation" means heterosexuality, homosexuality or bisexuality, whether actual or perceived.
F. Licensees whose licenses are in a probationary status shall pay reasonable expenses for maintaining probationary status, including laboratory costs when laboratory testing of biological fluids [are] is included as a condition of probation."
SECTION 4. Section 61-6-31 NMSA 1978 (being Laws 1989, Chapter 269, Section 27, as amended) is amended to read:
"61-6-31. DISPOSITION OF FUNDS--NEW MEXICO MEDICAL BOARD FUND CREATED--METHOD OF PAYMENTS.--
A. [There is created] The "New Mexico medical board fund" is created.
B. All funds received by the board and money collected under the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Polysomnography Practice Act, the Impaired Health Care Provider Act, the Naturopathic Doctors' Practice Act, the Podiatry Act and the Naprapathic Practice Act shall be deposited with the state treasurer, who shall place the same to the credit of the New Mexico medical board fund.
C. All payments out of the fund shall be made on vouchers issued and signed by the secretary-treasurer of the board or the designee of the secretary-treasurer upon warrants drawn by the department of finance and administration in accordance with the budget approved by that department.
D. All amounts in the New Mexico medical board fund shall be subject to the order of the board and shall be used only for the purpose of meeting necessary expenses incurred in:
(1) the performance of the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Polysomnography Practice Act, the Impaired Health Care Provider Act, the Naturopathic Doctors' Practice Act, the Podiatry Act and the Naprapathic Practice Act and the duties and powers imposed by those acts;
(2) the promotion of medical education and standards in this state within the budgetary limits; and
(3) efforts to recruit and retain medical and osteopathic physicians for practice in New Mexico.
E. All funds that may have accumulated to the credit of the board under any previous law shall be transferred to the New Mexico medical board fund and shall continue to be available for use by the board in accordance with the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Polysomnography Practice Act, the Impaired Health Care Provider Act, the Naturopathic Doctors' Practice Act, the Podiatry Act and the Naprapathic Practice Act. All money unused at the end of the fiscal year shall not revert, but shall remain in the fund for use in accordance with the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Polysomnography Practice Act, the Impaired Health Care Provider Act, the Naturopathic Doctors' Practice Act, the Podiatry Act and the Naprapathic Practice Act."
SECTION 5. Section 61-8-2 NMSA 1978 (being Laws 1977, Chapter 221, Section 2, as amended) is amended to read:
"61-8-2. DEFINITIONS.--As used in the Podiatry Act:
A. "board" means the [board of podiatry] New Mexico medical board;
B. "committee" means the podiatry advisory committee;
[B.] C. "foot and ankle radiation technologist" means a person who takes x-rays of the foot and ankle under the supervision of a [podiatrist] podiatric physician; [and]
D. "podiatric physician" means a podiatric physician licensed under the Podiatry Act to practice podiatry in New Mexico; and
[C.] E. "practice of podiatry" means engaging in that primary health care profession, the members of which examine, diagnose, treat and prevent by medical, surgical and biomechanical means ailments affecting the human foot and ankle and the structures governing their functions, but does not include amputation of the foot or the personal administration of a general anesthetic. A [podiatrist] podiatric physician, pursuant to the laws of this state, is defined as a physician and surgeon within the scope of [his] the podiatric physician license."
SECTION 6. Section 61-8-3 NMSA 1978 (being Laws 1977, Chapter 221, Section 3, as amended) is amended to read:
"61-8-3. LICENSE REQUIRED.--Unless licensed as a [podiatrist] podiatric physician pursuant to the provisions of the Podiatry Act or exempted from that act pursuant to Section 61-8-4 NMSA 1978, no person shall practice podiatry."
SECTION 7. Section 61-8-5 NMSA 1978 (being Laws 1977, Chapter 221, Section 5, as amended) is amended to read:
"61-8-5. [BOARD] PODIATRY ADVISORY COMMITTEE CREATED--MEMBERS--QUALIFICATIONS--TERMS--VACANCIES [REMOVAL].--
A. [There is created a "board of podiatry". The board shall be administratively attached to the regulation and licensing department.] The "podiatry advisory committee" is created to advise the board regarding licensure of podiatric physicians and efforts to recruit and retain podiatric physicians for practice in this state. The [board] committee shall consist of [five] three members, [three of whom] one member who shall be the executive director of the New Mexico podiatric medical association serving as an ex-officio member and two members who shall be [podiatrists] podiatric physicians licensed to practice in New Mexico who have been actively engaged in the practice of podiatry for at least three consecutive years immediately prior to their appointments [and two members who shall represent the public and who shall not have been licensed as podiatrists, nor shall the public members have any significant financial interest, whether direct or indirect, in the occupation regulated].
B. Members of the [board required to be licensed podiatrists] committee shall be appointed by the [governor] board [members shall be appointed for staggered terms of five years each, made in a manner that the terms of not more than two board members end on December 31 of each year commencing with 1978. Board] from a list of names submitted to the board by the New Mexico podiatric medical association or its authorized governing body or council. The list shall be submitted to the board within thirty days of a vacancy and shall contain at least three qualified podiatric physicians for each member to be appointed. Member vacancies shall be filled in the same manner. Committee members shall serve until their successors have been appointed and qualified. [A vacancy shall be filled for the unexpired term by appointment by the governor.
C. The governor may remove a member from the board for neglect of a duty required by law, for incompetence, for improper or unprofessional conduct as defined by board rule or for any reason that would justify the suspension or revocation of his license to practice podiatry.
D. A board member shall not serve more than two consecutive full terms, and a member failing to attend, after proper notice, three consecutive meetings shall automatically be removed as a board member unless excused for reasons set forth in board rules.
E. In the event of a vacancy, the secretary of the board shall immediately notify the governor and the board members of the vacancy, the reason for its occurrence and the action taken by the board, so as to expedite the appointment of a new board member.]"
SECTION 8. Section 61-8-6 NMSA 1978 (being Laws 1977, Chapter 221, Section 6, as amended) is amended to read:
"61-8-6. BOARD AND COMMITTEE ORGANIZATION--MEETINGS--COMPENSATION--POWERS AND DUTIES.--
A. The [board] committee shall hold [a regular meeting at least annually and shall elect annually a chair, vice chair and secretary-treasurer from its membership, each of whom shall serve until a successor is selected and qualified.
B. The board shall hold a minimum of one examination for licensure each year in the month of June or July at a place and at a time designated by the board. Notice of the examination shall be given to all applicants at least thirty days prior to the date of the examination.
C. Special meetings may be called by the chair and shall be called upon the written request of any three board members. Notice of all meetings shall be made in conformance with the Open Meetings Act] meetings in a frequency necessary to conduct business and shall meet at the request of the board. Meetings of the committee shall be subject to the Open Meetings Act.
[D.] B. Members of the [board may be reimbursed] committee are entitled to reimbursement as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance.
[E.] C. The board, with the advice of the committee, shall:
(1) administer and enforce the provisions of the Podiatry Act;
(2) promulgate, in accordance with the State Rules Act, all rules for the implementation and enforcement of the provisions of the Podiatry Act;
(3) adopt and use a seal;
(4) conduct hearings, administer oaths and take testimony on matters within the board's jurisdiction;
(5) keep an accurate record of its meetings, receipts and disbursements;
[(6) keep a record of licensure examinations held, together with the names and addresses of persons taking the examinations and the examination results. Within forty-five days after an examination, the board shall give written notice to each applicant examined of the results of the examination as to the respective applicant;
(7) certify as passing each applicant who obtains a passing score, as defined by board rule, on examinations administered or approved by the board;
(8)] (6) keep records of [registration in which] the name, address and license number of licensed [podiatrists are recorded] podiatric physicians together with a record of license renewals, suspensions and revocations;
[(9)] (7) grant, deny, renew, suspend or revoke licenses to practice podiatry or take other actions provided in Section 61-1-3 NMSA 1978 in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Podiatry Act;
[(10)] (8) promulgate rules setting standards of preliminary and professional qualifications for the practice of podiatry;
[(11)] (9) promulgate rules [and prepare and administer examinations] for the examination, licensure and regulation of podiatric assistants [as are necessary to protect the public]. The rules shall include definitions and limitations on the practice of podiatric assistants, qualifications for applicants for licensure, an initial license fee in an amount not to exceed two hundred fifty dollars ($250) and a renewal fee not to exceed one hundred dollars ($100) per year, provisions for the regulation of podiatric assistants and provisions for the suspension or revocation of licenses;
[(12)] (10) determine by rule all qualifications and requirements for applicants seeking licensure as [podiatrists] podiatric physicians or podiatric assistants; [and
(13)] (11) promulgate rules [and prepare and administer examinations for applicants seeking] for the examination and licensure as foot and ankle radiation technologists, which shall include definitions and limitations on the practice of foot and ankle radiation technologists, qualifications for applicants for licensure, an initial license fee in an amount not to exceed two hundred fifty dollars ($250) and a renewal fee not to exceed one hundred dollars ($100) per year, provisions for the regulation of foot and ankle radiation technologists and provisions for the suspension or revocation of licenses; and
(12) require fingerprints, or other biometric identification, and other information necessary for a state and national criminal background check as a condition for licensure."
SECTION 9. Section 61-8-8 NMSA 1978 (being Laws 1977, Chapter 221, Section 8, as amended) is amended to read:
"61-8-8. QUALIFICATIONS FOR LICENSURE AS A [PODIATRIST] PODIATRIC PHYSICIAN.--
A. Each applicant for licensure as a [podiatrist] podiatric physician shall furnish evidence satisfactory to the board that the applicant:
(1) has reached the age of majority;
(2) has graduated and been awarded a doctor of podiatric medicine degree from a college of podiatric medicine accredited by the American podiatric medical association council on podiatric medical education; and
(3) has completed, at a minimum, a one-year residency program at a hospital accredited by the American podiatric medical association council on education.
B. Each applicant shall file an application under oath on forms supplied by the board and shall pay the required fees.
C. An applicant for licensure by examination shall submit evidence to the board that the applicant has passed the examinations administered by the national board of podiatry examiners for students graduating from colleges of podiatry and shall furnish the board an official transcript and take clinical and written examinations as the board deems necessary. The examinations shall be in English and the subjects covered by the examinations shall be determined by the board and taken from subjects taught in accredited colleges of podiatric medicine. No applicant for licensure by examination shall be licensed who has not received a passing score on all board-approved [or board-administered] examinations.
D. A [podiatrist] podiatric physician licensed in another state may, on a temporary basis, consult, advise or cooperate in patient treatment with a [podiatrist] podiatric physician licensed in New Mexico, subject to rules promulgated by the board."
SECTION 10. Section 61-8-9 NMSA 1978 (being Laws 1977, Chapter 221, Section 9, as amended) is amended to read:
"61-8-9. EXPEDITED LICENSURE BY RECIPROCITY.--
A. An applicant for expedited licensure by reciprocity shall meet the qualifications set forth in Section 61-8-8 NMSA 1978, shall file an application under oath on forms supplied by the board that conform to board rules on reciprocity and furnish proof satisfactory to the board of having been licensed by national examination in another licensing jurisdiction. In addition, each applicant for licensure by reciprocity shall [furnish the board]:
(1) furnish the board an affidavit from the applicant's state board showing a valid, unrestricted license and the fact that the applicant has been licensed to practice podiatry and has practiced podiatry for at least [five] three consecutive years immediately preceding the filing of the application for reciprocal licensure and is in good standing with the other licensing jurisdiction; and
(2) pay required fees.
B. The board shall, as soon as practicable but no later than thirty days after an out-of-state licensee files an application for licensure by reciprocity, process the application and issue the license in accordance with Section 61-1-31.1 NMSA 1978.
C. The board shall determine the states and territories of the United States and the District of Columbia from which it will not accept an applicant for expedited licensure and the foreign countries from which it will accept an applicant for expedited licensure. The board shall post the list of disapproved and approved licensing jurisdictions on its website. The list of disapproved licensing jurisdictions shall include the specific reasons for disapproval. The lists shall be reviewed annually to determine if amendments to the rule are warranted."
SECTION 11. Section 61-8-10 NMSA 1978 (being Laws 1977, Chapter 221, Section 10, as amended) is amended to read:
"61-8-10. LICENSE FEES--LICENSURE UNDER PRIOR LAW--RENEWAL.--
A. Except as provided in Section 61-1-34 NMSA 1978, an applicant for licensure as a [podiatrist] podiatric physician shall pay the following fees:
(1) for licensure by examination:
(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; and
(b) an application fee not to exceed [five hundred dollars ($500)] six hundred dollars ($600);
(2) for licensure on the basis of reciprocity, a fee set by the board in an amount not to exceed six hundred dollars ($600);
(3) for the [annual] biennial renewal of license on or before January 1 of [each] the renewal year, a renewal fee set by the board in an amount not to exceed [three hundred dollars ($300)] six hundred dollars ($600);
(4) for the late renewal after January 1 [of each year] for the ensuing two years, a late charge not to exceed fifty dollars ($50.00) per month or part thereof commencing on January 2;
(5) in addition to the renewal fees and late charges, the applicant for the renewal of a license shall pay a reinstatement fee not to exceed two hundred fifty dollars ($250) for the first twelve months of delinquency and a reinstatement fee of five hundred dollars ($500) for a license that has lapsed more than one year but not more than three years; and
(6) for the issuance of a temporary license, a fee not to exceed one hundred dollars ($100).
B. If any licensee permits the licensee's license to lapse for a period of three full years, the license shall automatically be canceled and shall not be reinstated.
C. The provisions of Paragraphs (3), (4) and (5) of Subsection A of this section shall not apply to licensees who practice in the service of the United States whose licenses shall be renewed upon application for renewal within three months after the termination of service.
D. Current renewal certificates issued by the board shall be displayed in the office of the licensee, and, in the case of the suspension or revocation of a license, no portion of a fee or penalty shall be returned."
SECTION 12. Section 61-8-10.1 NMSA 1978 (being Laws 1989, Chapter 185, Section 2, as amended) is amended to read:
"61-8-10.1. LICENSE RENEWAL--CONTINUING EDUCATION--PENALTY FOR FAILURE TO RENEW.--
A. All licensees shall renew their licenses on or before January 1 of [each year] every second year. Upon application for renewal, each licensee shall furnish evidence that [he holds a registration number with the taxation and revenue department and] the licensee has completed continuing education requirements as set forth in Subsection B of this section.
B. As a condition of renewal, all applicants shall furnish the board with evidence of completion of postgraduate study as required by board rule. Postgraduate study may be obtained from a college of podiatric medicine accredited by the American [podiatry] podiatric medical association, one of its constituent societies or affiliate organizations or other [such] courses approved by the board. This requirement may only be waived for reasons of prolonged illness or other incapacity or during a public health emergency.
C. The board may summarily suspend the license of [any podiatrist] a podiatric physician who fails to renew [his] the podiatric physician's license or submit proof of completion of continuing education requirements within sixty days of January 1 as provided in Subsection A of this section. The board may reinstate licenses suspended upon payment of all applicable late fees, delinquent renewal fees and reinstatement fees."
SECTION 13. Section 61-8-11 NMSA 1978 (being Laws 1977, Chapter 221, Section 11, as amended) is amended to read:
"61-8-11. SUSPENSION, REVOCATION OR REFUSAL OF LICENSE.--The board may refuse to issue or may suspend or revoke [any] a license in accordance with the provisions of the Uniform Licensing Act for any one or more of the following reasons:
A. making a false statement in any part of an application for licensure, examination or registration pursuant to the provisions of the Podiatry Act;
B. [conviction of a crime involving moral turpitude, as shown by a certified copy of the record of the court of conviction] having a disqualifying criminal conviction as determined by the board. As used in this subsection, "disqualifying criminal conviction" means a conviction for a crime that is related to the profession of podiatry;
C. the habitual indulgence in the use of narcotics, alcohol or other substances that impair intellect and judgment to an extent as will, in the opinion of the board, incapacitate a [podiatrist] podiatric physician from the proper performance of [his] professional duties;
D. lending the use of one's name to an unlicensed [podiatrist] podiatric physician;
E. selling, giving or prescribing any compound or substance containing narcotic drugs or other controlled substances for illegal purposes;
F. the willful violation of a patient's right to confidentiality;
G. gross malpractice or incompetency as defined by board rule; or
H. [any] dishonest or unprofessional conduct as defined by the Podiatry Act or rules adopted pursuant to that act."
SECTION 14. Section 61-8-12 NMSA 1978 (being Laws 1977, Chapter 221, Section 12, as amended) is amended to read:
"61-8-12. OFFENSES--PENALTIES.--Each of the following acts committed by any person constitutes a misdemeanor punishable upon conviction by a fine of not less than one hundred dollars ($100) or more than ten thousand dollars ($10,000) or by imprisonment not to exceed one year, or both:
A. practicing or attempting to practice podiatry without a current valid license issued by the board;
B. obtaining registration under the Podiatry Act by false or untrue statements to the board or by presenting a fraudulent diploma or license to the board;
C. swearing falsely or giving a false affidavit in any proceeding before the board;
D. advertising or using any designation, diploma or certificate tending to imply that one is a practitioner of podiatry, including the use of the words "chiropodist", "podiatrist", "podiatric physician", "M.Cp.", "D.S.C.", "D.P.M.", "foot specialist", "foot correctionist", "foot culturist", "foot practipedist", "foot doctor" or words of similar import, unless one holds a license or is exempted under the provisions of the Podiatry Act; or
E. practicing podiatry during any period of time in which one's license has been revoked or suspended as provided in the Podiatry Act."
SECTION 15. Section 61-8-13 NMSA 1978 (being Laws 1977, Chapter 221, Section 13, as amended) is amended to read:
"61-8-13. UNPROFESSIONAL CONDUCT [EXCEPTIONS].--[A.] Unprofessional conduct pursuant to Subsection H of Section 61-8-11 NMSA 1978 for [any podiatrist] a podiatric physician licensed under the Podiatry Act includes using [any] false or misleading advertising or making [any] a false or misleading statement in communications with patients or potential patients or using [any] a misleading or deceptive title or designation in a name or title of a podiatric practice.
[B. Nothing in Subsection A of this section shall be construed to prohibit the following acts:
(1) publishing in type of ordinary size and style, as opposed to bold or display type, the name, location, office hours and telephone number of any licensed practicing podiatrist in any telephone directory;
(2) publishing for a period of not more than ten consecutive days an announcement that the practitioner is opening a new office or practice; providing that the announcement shall be published within thirty days after the opening and shall state only the practitioner's name, location, office hours, telephone number, occupation and the fact of the opening and shall be of a size not to exceed two inches in length and four inches in width and of a type size not heavier nor larger than twelve point gothic with a border not larger than four points;
(3) mailing one notice of the opening of a new practice or a notice of the assumption of an established practice consisting of a printed announcement, which shall be in an envelope and shall state only the practitioner's name, location, telephone number, office hours and the designation "podiatrist", "foot specialist" or "practice limited to care of feet" and the usual language announcing the opening of an office;
(4) maintaining exterior signs about the office of the practitioner, in keeping with the medical and dental community, giving his name, address and occupation. The letters shall be no larger than six inches in height, but neon lights, flashing lights or similar devices shall not be used; and
(5) conducting, in conjunction with a majority of the practicing podiatrists of the state or of a given city, a public educational program or informational campaign.]"
SECTION 16. Section 61-8-14 NMSA 1978 (being Laws 1977, Chapter 221, Section 14, as amended) is amended to read:
"61-8-14. LIMITATION ON LICENSURE--TEMPORARY LICENSE.--
A. No license to practice podiatry shall be issued to a corporation, partnership or association; provided, however, that this subsection shall not prohibit licensed [podiatrists] podiatric physicians from associating themselves as otherwise allowed by law in a professional corporation, professional limited liability company, partnership or association for the purpose of practicing podiatry.
B. In cases of emergency, as defined by board rule, the board may grant a temporary license to practice podiatry to a person who meets the requirements of Subsections A and B of Section 61-8-8 NMSA 1978. The temporary license shall automatically expire on the date of the next board meeting at which applications for licensure by examination or reciprocity are approved. No person may be issued more than one temporary license pursuant to this provision.
C. To facilitate educational programs, subject to conditions and terms set forth in board rules, the board may grant a temporary license to practice podiatry to a person enrolled and participating in such program."
SECTION 17. Section 61-8-15 NMSA 1978 (being Laws 1998, Chapter 24, Section 16) is amended to read:
"61-8-15. PRIVILEGED COMMUNICATIONS.--Medical and other health care-related information concerning a patient obtained by a [podiatrist] podiatric physician or by an employee of a [podiatrist] podiatric physician during the course of examination, diagnosis or treatment and advice, diagnosis, orders, prescriptions and other health care-related communications from a [podiatrist] podiatric physician or an employee of a [podiatrist] podiatric physician are confidential communications protected in courts of law and administrative proceedings by the physician-patient privilege."
SECTION 18. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, PERSONNEL AND PROPERTY.--On July 1, 2023:
A. all functions, personnel, records, equipment, supplies and other property of the board of podiatry shall be transferred to the podiatry advisory committee; and
B. all money and appropriations of the board of podiatry shall be transferred to the New Mexico medical board fund.
SECTION 19. REPEAL.--Sections 61-8-7 and 61-8-17 NMSA 1978 (being Laws 1977, Chapter 221, Section 7 and Laws 1979, Chapter 385, Section 2, as amended) are repealed.
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