0001| AN ACT | 0002| RELATING TO MEDICINE; AMENDING THE MEDICAL PRACTICE ACT; PROVIDING | 0003| GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF LICENSES; PRESCRIBING | 0004| CERTAIN LICENSE FEE CATEGORIES; INCREASING FEES. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 61-6-15 NMSA 1978 (being Laws 1969, Chapter | 0008| 46, Section 6, as amended) is amended to read: | 0009| "61-6-15. LICENSE MAY BE REFUSED, REVOKED OR SUSPENDED--LICENSEE | 0010| MAY BE FINED, CENSURED OR REPRIMANDED--PROCEDURE--PRACTICE AFTER | 0011| SUSPENSION OR REVOCATION--PENALTY--UNPROFESSIONAL AND DISHONORABLE | 0012| CONDUCT DEFINED--FEES AND EXPENSES--NOTICE OF CLAIM.-- | 0013| A. The board may refuse to license and may revoke or | 0014| suspend any license that has been issued by the board or any previous | 0015| board and may fine, censure or reprimand any licensee upon | 0016| satisfactory proof being made to the board that the applicant for or | 0017| holder of the license has been guilty of unprofessional or | 0018| dishonorable conduct. The board may also refuse to license an | 0019| applicant who is unable to practice medicine, pursuant to Section | 0020| 61-7-3 NMSA 1978. All proceedings shall be as required by the Uniform | 0021| Licensing Act or the Impaired Health Care Provider Act. | 0022| B. The board may, in its discretion and for good cause | 0023| shown, place the licensee on probation on such terms and conditions as | 0024| it deems proper for protection of the public or for the purpose of the | 0025| rehabilitation of the probationer, or both. Upon expiration of the | 0001| term of probation, if a term is set, further proceedings may be abated | 0002| by the board if the holder of the license furnishes the board with | 0003| evidence that the physician is competent to practice medicine, is of | 0004| good moral character and has complied with the terms of probation. | 0005| C. If evidence fails to establish to the satisfaction of | 0006| the board that the licensee is competent and is of good moral | 0007| character or if evidence shows that he has not complied with the terms | 0008| of probation, the board may revoke or suspend the license forthwith. | 0009| If a license to practice medicine in this state is suspended, the | 0010| holder of the license may not practice during the term of suspension; | 0011| and any person whose license has been revoked or suspended by the | 0012| board and who thereafter practices or attempts or offers to practice | 0013| medicine in New Mexico, unless the period of suspension has expired or | 0014| been modified by the board or the physician's license reinstated, is | 0015| guilty of a felony and shall be punished as provided in Section | 0016| 61-6-20 NMSA 1978. | 0017| D. "Unprofessional or dishonorable conduct", as used in | 0018| this section, means among other things, but not limited to because of | 0019| enumeration: | 0020| (1) procuring, aiding or abetting a criminal | 0021| abortion; | 0022| (2) employing any person to solicit patients for the | 0023| physician; | 0024| (3) representing to a patient that a manifestly | 0025| incurable condition of sickness, disease or injury can be cured; | 0001| (4) obtaining any fee by fraud or misrepresentation; | 0002| (5) willfully or negligently divulging a professional | 0003| confidence; | 0004| (6) conviction of any offense punishable by | 0005| incarceration in a state penitentiary or federal prison. A copy of | 0006| the record of conviction, certified by the clerk of the court entering | 0007| the conviction, is conclusive evidence; | 0008| (7) habitual or excessive use of intoxicants or | 0009| drugs; | 0010| (8) fraud or misrepresentation in applying for or | 0011| procuring a license to practice in this state or in connection with | 0012| applying for or procuring renewal, including cheating on or attempting | 0013| to subvert the licensing examinations; | 0014| (9) making false or misleading statements regarding | 0015| the physician's skill or the efficacy or value of the medicine, | 0016| treatment or remedy prescribed or administered by the physician or at | 0017| the physician's direction in the treatment of any disease or other | 0018| condition of the human body or mind; | 0019| (10) impersonating another person licensed to | 0020| practice medicine, permitting or allowing any person to use the | 0021| physician's license or certificate of registration or practicing | 0022| medicine under a false or assumed name; | 0023| (11) aiding or abetting the practice of medicine by a | 0024| person not licensed by the board; | 0025| (12) gross negligence in the practice of medicine; | 0001| (13) manifest incapacity or incompetence to practice | 0002| medicine; | 0003| (14) discipline imposed on a licensee to practice | 0004| medicine by another state, including probation, suspension or | 0005| revocation, based upon acts by the licensee similar to acts described | 0006| in this section. A certified copy of the record of suspension or | 0007| revocation of the state making the suspension or revocation is | 0008| conclusive evidence; | 0009| (15) the use of any false, fraudulent or deceptive | 0010| statement in any document connected with the practice of medicine; | 0011| (16) fee splitting; | 0012| (17) the prescribing, administering or dispensing of | 0013| narcotic, stimulant or hypnotic drugs for other than accepted | 0014| therapeutic purposes; | 0015| (18) conduct likely to deceive, defraud or harm the | 0016| public; | 0017| (19) repeated similar negligent acts; | 0018| (20) employing abusive billing practices; | 0019| (21) failure to report to the board any adverse | 0020| action taken against the physician by: | 0021| (a) another licensing jurisdiction; | 0022| (b) any peer review body; | 0023| (c) any health care entity; | 0024| (d) any professional or medical society or | 0025| association; | 0001| (e) any governmental agency; | 0002| (f) any law enforcement agency; or | 0003| (g) any court for acts or conduct similar to | 0004| acts or conduct that would constitute grounds for action as defined in | 0005| this section; | 0006| (22) failure to report to the board surrender of a | 0007| license or other authorization to practice medicine in another state | 0008| or jurisdiction or surrender of membership on any medical staff or in | 0009| any medical or professional association or society following, in lieu | 0010| of and while under disciplinary investigation by any of those | 0011| authorities or bodies for acts or conduct similar to acts or conduct | 0012| that would constitute grounds for action as defined in this section; | 0013| (23) failure to furnish the board, its investigators | 0014| or representatives with information requested by the board; | 0015| (24) abandonment of patients; | 0016| (25) being found mentally incompetent or insane by a | 0017| court of competent jurisdiction; | 0018| (26) injudicious prescribing, administering or | 0019| dispensing of any drug or medicine; | 0020| (27) failure to adequately supervise, as provided by | 0021| board regulation, a medical or surgical assistant or technician or | 0022| professional licensee who renders health care; | 0023| (28) intentionally engaging in sexual contact or | 0024| sexual penetration with a patient other than one's spouse after | 0025| representing or inferring that such activity is a legitimate part of | 0001| the patient's treatment; | 0002| (29) conduct unbecoming in a person licensed to | 0003| practice medicine or detrimental to the best interests of the public; | 0004| and | 0005| (30) the surrender of a license to practice medicine | 0006| or withdrawal of an application for a license to practice medicine | 0007| before another state licensing board while disciplinary action is | 0008| pending before that board for acts or conduct similar to acts or | 0009| conduct that would constitute grounds for action as provided for in | 0010| this section. | 0011| E. As used in this section, "fee splitting" includes | 0012| offering, delivering, receiving or accepting any unearned rebate, | 0013| refunds, commission preference, patronage dividend, discount or other | 0014| unearned consideration, whether in the form of money or otherwise, as | 0015| compensation or inducement for referring patients, clients or | 0016| customers to any person, irrespective of any membership, proprietary | 0017| interest or co-ownership in or with any person to whom the patients, | 0018| clients or customers are referred. | 0019| F. Licensees shall bear all costs of disciplinary | 0020| proceedings unless exonerated. | 0021| G. Licensees whose licenses are in a probationary status | 0022| shall pay reasonable expenses for maintaining probationary status, | 0023| including but not limited to laboratory costs when laboratory testing | 0024| of biological fluids are included as a condition of probation. | 0025| H. For the purpose of investigating the competence of | 0001| medical practitioners covered by the Medical Practice Act who practice | 0002| medicine in the state of New Mexico, any entity issuing professional | 0003| liability insurance to physicians or indemnifying physicians for | 0004| professional liability in New Mexico shall report to the board all | 0005| settlements or judgments against licensed physicians, whether they are | 0006| tried in court or settled out of court." | 0007| Section 2. Section 61-6-11 NMSA 1978 (being Laws 1923, Chapter | 0008| 44, Section 3, as amended) is amended to read: | 0009| "61-6-11. LICENSURE.-- | 0010| A. The board may admit to examination for license any | 0011| person who is of good moral character and is a graduate of a medical | 0012| college or school in good standing as defined in Subsection D of | 0013| Section 61-6-6 NMSA 1978 and who has completed two years of | 0014| postgraduate training. | 0015| B. One year of postgraduate medical training may be | 0016| accepted by the board if the applicant was an intern in a board- | 0017| approved program from July 1, 1993 through June 30, 1994 and if the | 0018| applicant applies to the board for licensure before July 1, 1995. All | 0019| postgraduate training shall be approved by the board. | 0020| C. An applicant who has not completed two years of | 0021| postgraduate medical training, but who otherwise meets all other | 0022| licensing requirements, may present evidence to the board of the | 0023| applicant's other professional experience for consideration by the | 0024| board in lieu of postgraduate medical training. The board shall, in | 0025| its sole discretion, determine if the professional experience is | 0001| substantially equivalent to the required postgraduate medical | 0002| training. | 0003| D. The board may administer a board-approved licensing | 0004| examination. The board shall determine a grade constituting | 0005| successful completion of the exam. | 0006| E. Alternatively, the board may issue a license to any | 0007| applicant of good moral character and after successfully completing an | 0008| examination accepted by the board as administered in this or another | 0009| state. | 0010| F. A graduate of a medical college located outside the | 0011| United States may be granted a license to practice medicine in New | 0012| Mexico, provided the applicant presents evidence to the board that the | 0013| applicant is a person of good moral character and is in compliance | 0014| with the United States immigration laws and provided that the | 0015| applicant presents satisfactory evidence to the board that the | 0016| applicant has successfully passed an examination as required by the | 0017| board and has successfully completed two years of postgraduate medical | 0018| training in a board-approved program. | 0019| G. All applicants for licensure by examination shall | 0020| personally appear before the board or a designated member of the board | 0021| for an interview. | 0022| H. Every applicant for licensure under this section shall | 0023| pay the fees required by Section 61-6-19 NMSA 1978." | 0024| Section 3. Section 61-6-17 NMSA 1978 (being Laws 1973, Chapter | 0025| 361, Section 8, as amended) is amended to read: | 0001| "61-6-17. EXCEPTIONS TO ACT.--The Medical Practice Act shall not | 0002| apply to or affect: | 0003| A. gratuitous services rendered in cases of emergency; | 0004| B. the domestic administration of family remedies; | 0005| C. the practice of midwifery as regulated in this state; | 0006| D. commissioned medical officers of the armed forces of the | 0007| United States and medical officers of the United States public health | 0008| service or the veterans administration of the United States in the | 0009| discharge of their official duties or within federally controlled | 0010| facilities, provided that such persons who hold medical licenses in | 0011| New Mexico shall be subject to the provisions of the Medical Practice | 0012| Act and provided that all such persons shall be fully licensed to | 0013| practice medicine in one or more jurisdictions of the United States; | 0014| E. the practice of medicine by a physician, unlicensed in | 0015| New Mexico, who performs emergency medical procedures in air or ground | 0016| transportation of a patient from inside of New Mexico to another state | 0017| or back, provided that the physician is duly licensed in that state; | 0018| F. the practice, as defined and limited under their | 0019| respective licensing laws, of: | 0020| (1) osteopathy; | 0021| (2) dentistry; | 0022| (3) podiatry; | 0023| (4) nursing; | 0024| (5) optometry; | 0025| (6) psychology; | 0001| (7) chiropractic; | 0002| (8) pharmacy; | 0003| (9) acupuncture and oriental medicine; or | 0004| (10) physical therapy; | 0005| G. any act, task or function performed by a physician | 0006| assistant at the direction of and under the supervision of a licensed | 0007| physician, when: | 0008| (1) the assistant is registered and has annually | 0009| renewed his registration with the board as one qualified by training | 0010| or experience to function as an assistant to a physician; | 0011| (2) the act, task or function is performed at the | 0012| direction of and under the supervision of a licensed physician in | 0013| accordance with rules and regulations promulgated by the board; and | 0014| (3) the acts of the physician assistant are within | 0015| the scope of duties assigned or delegated by the supervising licensed | 0016| physician and the acts are within the scope of the assistant's | 0017| training; | 0018| H. any act, task or function of laboratory technicians or | 0019| technologists, x-ray technicians, nurse practitioners, medical or | 0020| surgical assistants or other technicians or qualified persons | 0021| permitted by law or established by custom as part of the duties | 0022| delegated to them by: | 0023| (1) a licensed physician or a hospital, clinic or | 0024| institution licensed or approved by the public health division of the | 0025| department of health or an agency of the federal government; or | 0001| (2) a health care program operated or financed by an | 0002| agency of the state or federal government; | 0003| I. a properly trained medical or surgical assistant or | 0004| technician or professional licensee performing under the physician's | 0005| employment and direct supervision or a visiting physician or surgeon | 0006| operating under the physician's direct supervision any medical act | 0007| that a reasonable and prudent physician would find within the scope of | 0008| sound medical judgment to delegate if, in the opinion of the | 0009| delegating physician, the act can be properly and safely performed in | 0010| its customary manner and if the person does not hold himself out to | 0011| the public as being authorized to practice medicine in New Mexico. | 0012| The delegating physician shall remain responsible for the medical acts | 0013| of the person performing the delegated medical acts; and | 0014| J. the practice of the religious tenets of any church in | 0015| the ministration to the sick or suffering by mental or spiritual means | 0016| as provided by law; provided that the Medical Practice Act shall not | 0017| be construed to exempt any person from the operation or enforcement of | 0018| the sanitary and quarantine laws of the state." | 0019| Section 4. Section 61-6-19 NMSA 1978 (being Laws 1989, Chapter | 0020| 269, Section 15, as amended) is amended to read: | 0021| "61-6-19. FEES.-- | 0022| A. The board shall impose the following fees: | 0023| (1) an application fee not to exceed four hundred | 0024| dollars ($400) for licensure by endorsement as provided in Section | 0025| 61-6-13 NMSA 1978; | 0001| (2) an application fee not to exceed four hundred | 0002| dollars ($400) for licensure by examination as provided in Section | 0003| 61-6-11 NMSA 1978; | 0004| (3) an examination fee equal to the cost of | 0005| purchasing the examination plus an administration fee not to exceed | 0006| fifty percent of that cost; | 0007| (4) a triennial renewal fee not to exceed four | 0008| hundred fifty dollars ($450); | 0009| (5) a fee of twenty-five dollars ($25.00) for placing | 0010| a physician's license or a physician assistant's license on inactive | 0011| status; | 0012| (6) a late fee not to exceed one hundred dollars | 0013| ($100) for licensees who fail to renew their license within forty-five | 0014| days after the required renewal date; | 0015| (7) a late fee not to exceed two hundred dollars | 0016| ($200) for licensees who fail to renew their licenses from forty-six | 0017| days to ninety days after the required renewal date; | 0018| (8) a reinstatement fee not to exceed the current | 0019| application fee for reinstatement of a revoked, suspended or inactive | 0020| license; | 0021| (9) a reasonable administrative fee for verification | 0022| and duplication of license or registration and copying of records; | 0023| (10) a reasonable publication fee for the purchase of | 0024| a publication containing the names of all practitioners licensed under | 0025| the Medical Practice Act; | 0001| (11) an impaired physician fee not to exceed one | 0002| hundred fifty dollars ($150) for a three-year period; | 0003| (12) an interim license fee not to exceed one hundred | 0004| dollars ($100); | 0005| (13) a temporary license fee not to exceed one | 0006| hundred dollars ($100); | 0007| (14) a postgraduate training license fee not to | 0008| exceed fifty dollars ($50.00) annually; | 0009| (15) an application fee not to exceed one hundred | 0010| fifty dollars ($150) for physician assistants applying for initial | 0011| licensure; | 0012| (16) a licensure fee not to exceed one hundred fifty | 0013| dollars ($150) for physician assistants biennial licensing and | 0014| registration of supervising physician; | 0015| (17) a late fee not to exceed fifty dollars ($50.00) | 0016| for physician assistants who fail to renew their licensure within | 0017| forty-five days after the required renewal date; and | 0018| (18) a late fee not to exceed seventy-five dollars | 0019| ($75.00) for physician assistants who fail to renew their licensure | 0020| from forty-six days to ninety days after the required renewal date. | 0021| (19) a fee not to exceed three hundred dollars ($300) | 0022| annually for a physician supervising a clinical pharmacist. | 0023| B. All fees are nonrefundable and shall be used by the | 0024| board to carry out its duties efficiently." |