Licensure.

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A. The board may consider for licensure a person who is of good moral character, is a graduate of an accredited United States or Canadian medical school, has passed an examination approved by the board and has completed two years of an approved postgraduate training program.

B. An applicant who has not completed two years of an approved postgraduate 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 training program. The board shall, in its sole discretion, determine if the professional experience is substantially equivalent to the required approved postgraduate training program.

C. A graduate of a board-approved medical school located outside the United States or Canada may be granted a license to practice medicine in New Mexico, provided the applicant presents evidence to the board that the applicant is a person of good moral character and is in compliance with the United States immigration laws and provided that the applicant presents satisfactory evidence to the board that the applicant has successfully passed an examination as required by the board and has successfully completed two years of postgraduate medical training in an approved postgraduate training program. A graduate of a medical school located outside the United States who successfully completes at least two years of an approved postgraduate training program at or affiliated with an institution located in New Mexico prior to December 30, 2007 and who meets the other requirements of this section may also be granted a license to practice medicine.

D. All applicants for licensure may be required to appear personally before the board or a designated agent for an interview.

E. An applicant for licensure by examination shall not be granted a license if the applicant has taken the examination in two or more steps and has failed to successfully pass the final step within seven years of the date that the first step was passed. An applicant for licensure who holds a medical doctor degree and a doctoral degree in a medically related field must successfully complete the entire examination series within ten years from the date the first step of the examination is passed. Provided, that the board may, by rule, establish exceptions to the time requirements of this subsection.

F. Every applicant for licensure under this section shall pay the fees required by Section 61-6-19 NMSA 1978.

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

History: Laws 1923, ch. 44, § 3; C.S. 1929, § 110-104; Laws 1939, ch. 80, § 1; 1941 Comp., § 51-504; 1953 Comp., § 67-5-4; Laws 1959, ch. 189, § 1; 1969, ch. 46, § 3; 1976, ch. 16, § 1; 1983, ch. 260, § 1; 1978 Comp., § 61-6-10, recompiled as § 61-6-11 by Laws 1989, ch. 269, § 7; 1994, ch. 80, § 5; 1997, ch. 221, § 2; 2001, ch. 96, § 2; 2003, ch. 19, § 12; 2005, ch. 159, § 1.

ANNOTATIONS

Recompilations. — Laws 1989, ch. 269, § 8 recompiled former 61-6-11 NMSA 1978, relating to criminal offender's character evaluation, as 61-6-12 NMSA 1978, effective July 1, 1989.

Cross references. — For the Parental Responsibility Act, see 40-5A-1 NMSA 1978 et seq.

The 2005 amendment, effective April 5, 2005, in Subsection A, provided that the board may consider for licensure a person who is a graduate of an accredited United States or Canadian medical school; in Subsection C, provided that a graduate of a medical school located outside the United States who completes two years of postgraduate training at or affiliated with an institution located in New Mexico prior to December 30, 2007 and who is otherwise qualified may be granted a license to practice medicine; and in Subsection E, provided that the board may by rule establish exceptions to the time requirements of Subsection E.

The 2003 amendment, effective June 20, 2003, rewrote this section to the extent that a detailed comparison is impracticable.

The 2001 amendment, effective April 2, 2001, added Subsection H and renumbered the remaining subsection accordingly.

The 1997 amendment, effective June 20, 1997, inserted "of good moral character and is" preceding "a graduate" in Subsection A and inserted "of good moral character and after" preceding "successfully" in Subsection E.

The 1994 amendment, effective May 18, 1994, amended the section heading, which read "Licensure by examination - Admission to examination - Graduates of foreign colleges"; substituted "two years" for "one year" and deleted "approved by the board in accordance with its regulations" following "training" in Subsection A; added Subsections B and C and redesignated former Subsections B through F as Subsections D through F, respectively; substituted "a board-approved licensing examination" for "the examination as prescribed by the federation of state boards of medical examiners" in Subsection D; in Subsection F, deleted "and its possessions" following "outside the United States," substituted "the applicant" for "he" four times, substituted "is in compliance with the United States immigration laws" for "is a legal resident of the United States," substituted "an examination as required by the board and" for "the examination as required and given by the educational council for foreign medical graduates" and substituted "training in a board-approved program" for "education and also successfully passes the examination as prescribed by the board"; substituted "a" for "any" in Subsection G; and substituted "the fees required by" for "an examination fee and an examination fee as provided in" in Subsection H.

The 1989 amendment, effective July 1, 1989, renumbered this section, which formerly was 61-6-10 NMSA 1978; added "Licensure by examination" to the catchline and deleted therefrom "medical college in good standing defined" preceding "admission"; in Subsection A, substituted "may admit" for "shall, upon production of evidence satisfactory to it, admit" and "person" for "reputable person who has applied for citizenship in the United States or is a citizen of the United States", inserted "or school", substituted "Subsection D of Section 61-6-6 NMSA 1978" for "this section", and deleted "in a hospital" following "training"; in Subsection B, substituted the present provisions for the former definition of a "medical college in good standing"; added present Subsection C; redesignated former Subsection C as present Subsection D; in present Subsection D, substituted "and is a legal resident" for "and has applied for citizenship in the United States or is a citizen", and inserted "has successfully completed two years of post-graduate medical education"; deleted former Subsection D, relating to license by endorsement and without examination for graduates of foreign medical colleges; added Subsections E and F; and made minor stylistic changes throughout the section.

Reinstatement after license revocation. — Once a physician's license has been revoked the only method of reinstating the former licensee to full privileges is by means of reapplication. 1953 Op. Att'y Gen. No. 53-5839.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 55 to 60.

Tort claim for negligent credentialing of physician, 98 A.L.R.5th 533.

70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 19, 20.


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