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 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 health care practitioners, including 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.
History: 1978 Comp., § 61-6-1, enacted by Laws 1989, ch. 269, § 1; 2003, ch. 19, § 1; 2021, ch. 54, § 16.
Recompilations. — Laws 1989, ch. 269, § 2 recompiled former 61-6-1 NMSA 1978, relating to appointment, qualifications and terms of board of medical examiners, as 61-6-2 NMSA 1978, effective July 1, 1989.
Cross references. — For Sexual Assault Survivors Emergency Care Act, see 24-10D-1 NMSA 1978 et seq.
The 2021 amendment, effective June 18, 2021, in Subsection C, after "qualified", added "health care practitioners, including".
The 2003 amendment, effective June 20, 2003, substituted "medical board" for "board of medical examiners" in Subsections B and C; in Subsection C, inserted "anesthesiologist assistants" three times and deleted "to register qualified" preceding "physician assistants".
License requirement does not violate first amendment rights. — The Medical Practice Act does not purport to regulate the expression of ideas or opinions concerning effective treatments or other issues of public concern, nor does it require all speakers at seminars held in New Mexico to be licensed to practice in New Mexico. The act simply requires those who engage in conduct in New Mexico that amounts to the practice of medicine to obtain a New Mexico license. Thus, any burden on the exercise of first amendment rights is at best minimal and incidental, and the act leaves open alternative channels of communication through which ideas and opinions can be expressed. State v. Ongley, 1994-NMCA-073, 118 N.M. 431, 882 P.2d 22.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of contractual restrictions on right of medical practitioner to practice, incident to sale of practice, 62 A.L.R.3d 918.
Validity and construction of contractual restrictions on right of medical practitioner to practice, incident to partnership agreement, 62 A.L.R.3d 970.
Validity and construction of contractual restrictions on right of medical practitioner to practice, incident to employment agreement, 62 A.L.R.3d 1014.
Liability for interference with physician-patient relationship, 87 A.L.R.4th 845.
State law criminal liability of licensed physician for prescribing or dispensing drug or similar controlled substance, 13 A.L.R.5th 1.
Construction and application of learned-intermediary doctrine, 57 A.L.R.5th 1.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 6 - Medicine and Surgery
Section 61-6-1 - Short title; purpose.
Section 61-6-2 - New Mexico medical board; appointment; terms; qualifications.
Section 61-6-3 - Meetings of the board; quorum.
Section 61-6-4 - Election; duties of officers; reimbursement of board members.
Section 61-6-5 - Duties and powers.
Section 61-6-7.1 - Definitions.
Section 61-6-7.2 - Inactive license.
Section 61-6-7.3 - Exemption from licensure.
Section 61-6-8 to 61-6-8.1 - Repealed.
Section 61-6-9 - Physician assistants; rules.
Section 61-6-10 - Supervising or collaborating licensed physician; responsibility.
Section 61-6-10.1 - Short title.
Section 61-6-10.2 - Definitions.
Section 61-6-10.2 - Definitions. (Effective July 1, 2025.)
Section 61-6-10.3 - Licensure; registration; anesthesiologist assistant; scope of authority.
Section 61-6-10.4 - Annual registration of employment; employment change.
Section 61-6-10.6 - Inactive license.
Section 61-6-10.7 - Exemption from licensure.
Section 61-6-10.10 - Supervising anesthesiologist; responsibilities.
Section 61-6-11 - Physician licensure.
Section 61-6-11.1 - Telemedicine license.
Section 61-6-12 - Criminal offender's character evaluation.
Section 61-6-13 - Physician licensure by endorsement.
Section 61-6-15.1 - Summary suspension or restriction of license.
Section 61-6-17 - Exceptions to act.
Section 61-6-18 - Medical students; interns; residents; fellows.
Section 61-6-18.1 - Public service license.
Section 61-6-20 - Practicing without license; penalty.
Section 61-6-21 - Continuing medical education; penalty.
Section 61-6-22 - Injunction to prevent practice without a license.
Section 61-6-23 - Investigation; subpoena.
Section 61-6-24 - Limitations on actions.
Section 61-6-25 - False statement; penalty.
Section 61-6-26 - Triennial renewal fees; penalty for failure to renew license.
Section 61-6-27 - Issuance and display of renewal certificate.
Section 61-6-28 - Licensed physicians; changing location.
Section 61-6-30 - Restoration of good standing; fees and other requirements.
Section 61-6-31 - Disposition of funds; New Mexico medical board fund created; method of payments.
Section 61-6-31.1 - Board of medical examiners [New Mexico medical board] fund; authorized use.
Section 61-6-33 - Licensure status.