A. Prior to issuing or renewing a license to operate a medical school in New Mexico, the higher education department shall require a medical school to:
(1) for the purpose of providing third- and fourth-year medical student training, demonstrate that the school has obtained executed agreements with at least four clinical affiliates in New Mexico that have sufficient capacity to provide access to a comprehensive training program for its students. The medical school shall ensure that these agreements represent urban, rural and frontier areas;
(2) obtain the required number of executed agreements and faculty credentialed appointments from New Mexico-based preceptors as defined by the medical school applicant's programmatic accreditor; and
(3) for the purpose of building new graduate medical education residency training, demonstrate the ability to facilitate the creation of such new graduate medical education residency programs within New Mexico, with a preference for primary care programs as defined by the state, in urban, frontier and rural medical facilities. At a minimum, the medical school applicant shall demonstrate and provide documentation that the applicant is the procuring cause for the creation of at least one first-year resident position in New Mexico for every ten students in the applicant's initial approved class size. When possible, preference shall be given to primary care programs in urban, frontier and rural areas.
B. The higher education department shall maintain an appeals process for medical schools in New Mexico that have had a license denied by the higher education department.
C. As used in this section:
(1) "clinical affiliate" means a hospital, physician office, outpatient medical clinic or center, surgical center or health department;
(2) "comprehensive training" means that the clinical affiliate has the capability to provide all of the following services within its premises: inpatient adult medical and surgical services, pediatrics, labor and delivery, emergency room and critical care services;
(3) "executed agreement" means an agreement signed by the designated medical school official and designated official of the institution providing access for medical students to clinical rotations and education;
(4) "faculty credentialed" means the process by which the medical school ensures that the physicians providing clinical education have the required education, training and licensure to practice medicine;
(5) "graduate medical education" means any type of formal medical education pursued after receipt of an allopathic or osteopathic physician degree. Graduate medical education includes internship, residency, subspecialty and fellowship programs, in all fields of medicine and surgery, recognized by and enabling state licensure in New Mexico;
(6) "medical school" means a tertiary educational institution, or part of such an institution, that teaches medicine and awards a professional degree for physicians and surgeons, including a bachelor of medicine, bachelor of surgery, doctor of medicine or doctor of osteopathic medicine;
(7) "preceptors" means licensed, practicing allopathic or osteopathic physicians who, under a faculty appointment with a medical school, mentor medical students and provide clinical education for core and elective clerkship rotations;
(8) "primary care" means family medicine, general psychiatry, general internal medicine, general pediatrics and pediatric medicine;
(9) "procuring cause" means evidence that the medical school has created graduate medical education positions in the state, either at the medical school's own medical facility or through partnerships with third-party clinical affiliates; and
(10) "programmatic accreditor" means, for allopathic physicians, the liaison committee on medical education and for osteopathic physicians, the commission on osteopathic college accreditation.
History: Laws 2021, ch. 85, § 1.
Effective dates. — Laws 2021, ch. 85 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
Structure 2021 New Mexico Statutes
Chapter 21 - State and Private Education Institutions
Article 1 - General Provisions Relating to State Educational Institutions
Section 21-1-1 - State institutions; admission requirements to be established by boards of regents.
Section 21-1-1.2 - Dual credit for high school and post-secondary classes.
Section 21-1-2 - Matriculation and tuition fees.
Section 21-1-2.1 - Scholarship program established.
Section 21-1-3 - State educational institutions; resident students.
Section 21-1-4 - Tuition and general fee charges; definitions.
Section 21-1-4.1 - Tuition payments; residents conscripted into military service.
Section 21-1-4.7 - Foster child tuition and fee waiver eligibility; notification.
Section 21-1-7 - Removal of faculty members; compensation of secretary and treasurer restricted.
Section 21-1-7.1 - Post-tenure review process required.
Section 21-1-7.2 - Reporting; commission on higher education [higher education department].
Section 21-1-7.3 - Temporary provisions; tenure study.
Section 21-1-8 - [Eligibility for retirement pension.]
Section 21-1-9 - [Expenses of members of boards of regents.]
Section 21-1-10 - Delegation of authority.
Section 21-1-11 - [Allocation of funds.]
Section 21-1-12 - [Annual reports; contents.]
Section 21-1-14 - [Quarterly and special meetings of boards.]
Section 21-1-15 - [One member of board to reside in adjacent municipality.]
Section 21-1-16 - [Public inspection of board records.]
Section 21-1-16.1 - State institutions of higher education; presidential searches.
Section 21-1-17 - Interest in contracts by board members or employees prohibited.
Section 21-1-18 - [No personal liability for official actions.]
Section 21-1-19 - [Oaths of board members; filing.]
Section 21-1-20 - Power to hold property.
Section 21-1-21 - Capital expenditures.
Section 21-1-21.1 - State educational institutions; adequate parking.
Section 21-1-22 - [Nonsectarian operation required.]
Section 21-1-24 - Graduate programs.
Section 21-1-26 - Higher education department; general powers.
Section 21-1-26.1 - Additional duties.
Section 21-1-26.2 - Post-secondary education; adult correctional facilities.
Section 21-1-26.3 - Verification function.
Section 21-1-26.7 - Annual accountability report.
Section 21-1-26.9 - Limitation; higher education department; review of proposed campuses.
Section 21-1-26.11 - Higher education department; additional duties.
Section 21-1-26.12 - Educational needs and guidelines; accountability reports.
Section 21-1-27 - Higher education department; distribution of available funds.
Section 21-1-27.1 - Higher education endowment fund created.
Section 21-1-27.2 - Technology enhancement fund created; allocations; application review panels.
Section 21-1-27.3 - Higher education performance fund; created; administration; distributions.
Section 21-1-27.4 - Higher education program development enhancement fund; purpose.
Section 21-1-27.5 - Adult basic education fund created.
Section 21-1-27.7 - Fund created.
Section 21-1-27.8 - Adult basic education; instructional materials.
Section 21-1-27.10 - Fund created; tribal college dual credit program fund; administration.
Section 21-1-27.11 - Centers of excellence.
Section 21-1-32 - Purpose of act.
Section 21-1-33 - System of accounting and reporting; manual.
Section 21-1-34 - Educational television equipment replacement fund; disbursement.
Section 21-1-36 - New Mexico cooperative education program; purpose.
Section 21-1-37 - New Mexico cooperative education program created; administration; duties.
Section 21-1-39 - Legislative findings.
Section 21-1-40 - Prepaid higher education tuition program; feasibility study; guidelines.
Section 21-1-41 - Military access to a post-secondary educational institution.
Section 21-1-42 - Public post-secondary educational institutions; student identification number.
Section 21-1-44 - School leadership institute; created; purpose.
Section 21-1-46 - Request for access to social networking account prohibited.
Section 21-1-47 - Statewide advanced placement policy.
Section 21-1-48 - Regional two plus two pilot project; eligibility; evaluation and reporting.