HB 83 — PODIATRY LICENSURE CHANGES

HCEDC/HB 83 Page 5 J.

(2) offering or undertaking to administer, dispense or prescribe a drug or medicine for the use of another e t 17 person, except as authorized pursuant to a professional or w l n d 18 occupational licensing statute set forth in Chapter 61 NMSA = = 19 1978;

a l i a e r 20 (3) offering or undertaking to give or a t m m 21 administer, dispense or prescribe a drug or medicine for the d r e 22 use of another person, except as directed by a licensed c e s k 23 physician;

e a n b 24 (4) offering or undertaking to perform an u [ operation or procedure upon a person;

.225098.6 - 6 - HCEDC/HB 83 (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 HCEDC/HB 83 Page 6 set forth in Chapter 61 NMSA 1978;

(1) the rendering of a written or otherwise documented medical opinion concerning diagnosis or treatment of e t 17 a patient within this state by a physician located outside this w l n d 18 state as a result of transmission of individual patient data by = = 19 electronic, telephonic or other means from within this state to a l i a e r 20 the physician or the physician's agent;

or a t m m 21 (2) the rendering of treatment to a patient d r e 22 within this state by a physician located outside this state as c e s k 23 a result of transmission of individual patient data by e a n b 24 electronic, telephonic or other means from within this state to u [ the physician or the physician's agent;

.225098.6 - 7 - HCEDC/HB 83 L.

"sexual penetration" means sexual intercourse, cunnilingus, fellatio or anal intercourse, whether or not HCEDC/HB 83 Page 7 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;

e t 17 "61-6-15.

LICENSE MAY BE REFUSED, REVOKED OR SUSPENDED--SUSPENDED--LICENSEE w l n d 18 LICENSEE MAY BE FINED, CENSURED OR REPRIMANDED--PROCEDURE--REPRIMANDED-- =PROCEDURE--PRACTICE = 19 PRACTICE AFTER SUSPENSION OR REVOCATION--PENALTY-- a l i a e r 20 UNPROFESSIONAL AND DISHONORABLE CONDUCT DEFINED--FEES AND a t m m 21 EXPENSES.-- d r e 22 A.

The board may refuse to license and may revoke c e s k 23 or suspend a license that has been issued by the board or a e a n b 24 previous board and may fine, censure or reprimand a licensee u [ upon satisfactory proof being made to the board that the .225098.6 - 8 - HCEDC/HB 83 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 HCEDC/HB 83 Page 8 required by the Uniform Licensing Act or the Impaired Health Care Provider Act.

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 e t 17 competent to practice, is of good moral character and has w l n d 18 complied with the terms of probation.

= = 19 C.

If evidence fails to establish to the a l i a e r 20 satisfaction of the board that the licensee is competent and is a t m m 21 of good moral character or if evidence shows that the licensee d r e 22 has not complied with the terms of probation, the board may c e s k 23 revoke or suspend the license.

If a license to practice in e a n b 24 this state is suspended, the holder of the license may not u [ practice during the term of suspension.

A person whose license .225098.6 - 9 - HCEDC/HB 83 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.

"Unprofessional or dishonorable conduct", as HCEDC/HB 83 Page 9 used in this section, means, but is not limited to because of enumeration, conduct of a licensee that includes the following:

(4) obtaining a fee by fraud or e t 17 misrepresentation;

w l n d 18 (5) willfully or negligently divulging a = = 19 professional confidence;

a l i a e r 20 (6) conviction of an offense punishable by a t m m 21 incarceration in a state penitentiary or federal prison or d r e 22 conviction of a misdemeanor associated with the practice of the c e s k 23 licensee.

A copy of the record of conviction, certified by the e a n b 24 clerk of the court entering the conviction, is conclusive u [ evidence;

.225098.6 - 10 - HCEDC/HB 83 (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 HCEDC/HB 83 Page 10 cheating on or attempting to subvert the licensing examinations;

(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 e t 17 name;

w l n d 18 (11) aiding or abetting the practice of a = = 19 person not licensed by the board;

a l i a e r 20 (12) gross negligence in the practice of a a t m m 21 licensee;

d r e 22 (13) manifest incapacity or incompetence to c e s k 23 practice as a licensee;

e a n b 24 (14) discipline imposed on a licensee by u [ another licensing jurisdiction, including denial, probation, .225098.6 - 11 - HCEDC/HB 83 suspension or revocation, based upon acts by the licensee similar to acts described in this section.

(15) the use of a false, fraudulent or HCEDC/HB 83 Page 11 deceptive statement in a document connected with the practice of a licensee;

e t 17 (20) employing abusive billing practices;

w l n d 18 (21) failure to report to the board any = = 19 adverse action taken against the licensee by:

a l i a e r 20 (a) another licensing jurisdiction;

a t m m 21 (b) a peer review body;

d r e 22 (c) a health care entity;

c e s k 23 (d) a professional or medical society or e a n b 24 association;

u [ (e) a governmental agency;

.225098.6 - 12 - HCEDC/HB 83 (f) a law enforcement agency;

(22) failure to report to the board the HCEDC/HB 83 Page 12 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;

e t 17 (24) abandonment of patients;

w l n d 18 (25) being found mentally incompetent or = = 19 insane by a court of competent jurisdiction;

a l i a e r 20 (26) injudicious prescribing, administering or a t m m 21 dispensing of a drug or medicine;

d r e 22 (27) failure to adequately supervise, as c e s k 23 provided by board rule, a medical or surgical assistant or e a n b 24 technician or professional licensee who renders health care;

u [ (28) sexual contact with a patient or person .225098.6 - 13 - HCEDC/HB 83 who has authority to make medical decisions for a patient, other than the spouse of the licensee;

HCEDC/HB 83 Page 13 (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;

(32) sexual contact with a patient when the licensee uses or exploits treatment, knowledge, emotions or influence derived from the current or previous professional e t 17 relationship;

w l n d 18 (33) improper management of medical records, = = 19 including failure to maintain timely, accurate, legible and a l i a e r 20 complete medical records;

a t m m 21 (34) failure to provide pertinent and d r e 22 necessary medical records to a physician or patient of the c e s k 23 physician in a timely manner when legally requested to do so by e a n b 24 the patient or by a legally designated representative of the u [ patient;

.225098.6 - 14 - HCEDC/HB 83 (35) undertreatment of pain as provided by board rule;

(36) interaction with physicians, hospital personnel, patients, family members or others that interferes HCEDC/HB 83 Page 14 with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient;

(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 e t 17 gender expressions or to eliminate or reduce sexual or romantic w l n d 18 attractions or feelings toward persons of the same sex.

= = 19 "Conversion therapy" does not mean:

a l i a e r 20 (a) counseling or mental health services a t m m 21 that provide acceptance, support and understanding of a person d r e 22 without seeking to change gender identity or sexual c e s k 23 orientation;

or e a n b 24 (b) mental health services that u [ facilitate a person's coping, social support, sexual .225098.6 - 15 - HCEDC/HB 83 orientation or gender identity exploration and development, including an intervention to prevent or address unlawful conduct or unsafe sexual practices, without seeking to change HCEDC/HB 83 Page 15 gender identity or sexual orientation;

(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 e t 17 accord with or opposed to the person's physical anatomy, w l n d 18 chromosomal sex or sex at birth;

= = 19 (4) "minor" means a person under eighteen a l i a e r 20 years of age;

and a t m m 21 (5) "sexual orientation" means d r e 22 heterosexuality, homosexuality or bisexuality, whether actual c e s k 23 or perceived.

e a n b 24 F.

Licensees whose licenses are in a probationary u [ status shall pay reasonable expenses for maintaining .225098.6 - 16 - HCEDC/HB 83 probationary status, including laboratory costs when laboratory testing of biological fluids [are] is included as a HCEDC/HB 83 Page 16 condition of probation." SECTION 4.

[There is created] The "New Mexico medical board fund" is created.

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 e t 17 the credit of the New Mexico medical board fund.

w l n d 18 C.

All payments out of the fund shall be made on = = 19 vouchers issued and signed by the secretary-treasurer of the a l i a e r 20 board or the designee of the secretary-treasurer upon warrants a t m m 21 drawn by the department of finance and administration in d r e 22 accordance with the budget approved by that department.

c e s k 23 D.

All amounts in the New Mexico medical board fund e a n b 24 shall be subject to the order of the board and shall be used u [ only for the purpose of meeting necessary expenses incurred in:

.225098.6 - 17 - HCEDC/HB 83 Page 17 (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;

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 e t 17 Act, the Anesthesiologist Assistants Act, the Genetic w l n d 18 Counseling Act, the Polysomnography Practice Act, the Impaired = = 19 Health Care Provider Act, the Naturopathic Doctors' Practice a l i a e r 20 Act, the Podiatry Act and the Naprapathic Practice Act.

All a t m m 21 money unused at the end of the fiscal year shall not revert, d r e 22 but shall remain in the fund for use in accordance with the c e s k 23 provisions of the Medical Practice Act, the Physician Assistant e a n b 24 Act, the Anesthesiologist Assistants Act, the Genetic u [ Counseling Act, the Polysomnography Practice Act,HCEDC/HB the83 ImpairedPage .225098.6 - 18 -Act, HCEDC/HBthe 83Impaired Health Care Provider Act, the Naturopathic Doctors' Practice Act, the Podiatry Act and the Naprapathic Practice Act." SECTION 5.

"board" means the [board of podiatry] New Mexico medical board;

[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.

and [C.] E.

"practice of podiatry" means engaging in e t 17 that primary health care profession, the members of which w l n d 18 examine, diagnose, treat and prevent by medical, surgical and = = 19 biomechanical means ailments affecting the human foot and ankle a l i a e r 20 and the structures governing their functions, but does not a t m m 21 include amputation of the foot or the personal administration d r e 22 of a general anesthetic.

A [podiatrist] podiatric physician, c e s k 23 pursuant to the laws of this state, is defined as a physician e a n b 24 and surgeon within the scope of [his] the podiatric physician u [ license." .225098.6 - 19 - HCEDC/HB 83 Page 19 SECTION 6.

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.

[BOARD] PODIATRY ADVISORY COMMITTEE CREATED--CREATED--MEMBERS-- MEMBERS--QUALIFICATIONS--TERMS--VACANCIESQUALIFICATIONS--TERMS--VACANCIES.-- [REMOVAL].-- A.

[ThereThe "podiatry advisory committee" is created ato "boardadvise the board regarding licensure of podiatry".podiatric physicians and efforts to recruit and retain podiatric physicians for practice in this state.

The boardcommittee shall beconsist administrativelyof attachedthree tomembers, theone regulationmember andwho licensingshall department.]be Thethe "podiatryexecutive advisorydirector committee"of isthe createdNew toMexico advisepodiatric themedical boardassociation regardingserving licensureas ofan podiatricex-officio physiciansmember and effortstwo tomembers recruitwho andshall retainbe podiatric physicians forlicensed to practice in thisNew state.Mexico who have been actively engaged in the practice of podiatry for at least three consecutive years immediately prior to their appointments.

The [board] committee e t 17 shall consist of [five] three members, [three of whom] one w l n d 18 member who shall be the executive director of the New Mexico = = 19 a l podiatric medical association serving as an ex-officio member i a e r 20 and two members who shall be [podiatrists] podiatric physicians a t m m 21 licensed to practice in New Mexico who have been actively d r e 22 engaged in the practice of podiatry for at least three c e s k 23 consecutive years immediately prior to their appointments [and e a n b 24 two members who shall represent the public and who shall not u [ have been licensed as podiatrists, nor shall the public members .225098.6 - 20 - HCEDC/HB 83 have any significant financial interest, whether direct or indirect, in the occupation regulated].

Members of the [board required to be licensed podiatrists] committee shall be appointed by the [governor] board [membersfrom shalla belist appointed for staggered terms of fivenames yearssubmitted each,to madethe inboard aby manner that the termsNew ofMexico notpodiatric moremedical thanassociation twoor boardits membersauthorized endgoverning onbody Decemberor 31council. of each year commencing with 1978.

Board]The from a list ofshall namesbe submitted to HCEDC/HB 83 Page 20 the board bywithin thethirty Newdays Mexicoof podiatrica medicalvacancy associationand orshall itscontain authorizedat governingleast bodythree orqualified council.podiatric physicians for each member to be appointed.

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.

Committee members shall serve until their successors have been appointed and qualified.qualified." SECTION 8.

[A vacancy shall be filled for the unexpired term by appointment by the e t 17 governor.

w l n d 18 C.

The governor may remove a member from the board = = 19 for neglect of a duty required by law, for incompetence, for a l i a e r 20 improper or unprofessional conduct as defined by board rule or a t m m 21 for any reason that would justify the suspension or revocation d r e 22 of his license to practice podiatry.

c e s k 23 D.

A board member shall not serve more than two e a n b 24 consecutive full terms, and a member failing to attend, after u [ proper notice, three consecutive meetings shall automatically .225098.6 - 21 - HCEDC/HB 83 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.

The [board] committee shall hold [ameetings regularin meetinga atfrequency leastnecessary annuallyto andconduct shallbusiness elect annually a chair, vice chair and secretary-treasurershall frommeet itsat membership,the eachrequest of whomthe shallboard. serve until a successor is selected and qualified.

Meetings of the committee shall be subject to the Open Meetings Act.

TheMembers board shall hold a minimum of onethe ecommittee tare 17entitled examinationto forreimbursement licensureas eachprovided year in the monthPer ofDiem Juneand orMileage wAct, lbut nshall dreceive 18no Julyother atcompensation, aperquisite placeor andallowance. at a time designated by the board.

NoticeC. = = 19 of the examination shall be given to all applicants at least a l i a e r 20 thirty days prior to the date of the examination.

a t m m 21 C.

Special meetings may be called by the chair and d r e 22 shall be called upon the written request of any three board c e s k 23 members.

Notice of all meetings shall be made in conformance e a n b 24 with the Open Meetings Act] meetings in a frequency necessary u [ to conduct business and shall meet at the request of the board.

.225098.6 - 22 - HCEDC/HB 83 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.

HCEDC/HB 83 Page 21 (4) conduct hearings, administer oaths and take testimony on matters within the board's jurisdiction;

e t 17 (5) keep an accurate record of its meetings, w l n d 18 receipts and disbursements;

=(6) = 19 [(6) keep arecords record of licensurethe examinationsname, aaddress land ilicense anumber eof rlicensed 20podiatric held,physicians together with thea namesrecord and addresses of personslicense takingrenewals, asuspensions t m m 21 the examinations and therevocations; examination results.

Within(7) forty-grant, ddeny, rrenew, esuspend 22or fiverevoke dayslicenses afterto anpractice examination,podiatry theor boardtake shallother giveactions writtenprovided cin eSection s61-1-3 kNMSA 231978 noticein toaccordance eachwith applicant examined of the resultsprovisions of the eUniform aLicensing nAct bfor 24any examinationcause asstated toin the respectivePodiatry applicant;Act;

u(8) [promulgate (7)rules certifysetting asstandards passingof eachpreliminary applicantand whoprofessional .225098.6qualifications -for 23the -practice HCEDC/HBof 83podiatry; obtains a passing score, as defined by board rule, on examinations administered or approved by the board;

(8)](9) (6)promulgate keeprules recordsfor of [registration in which] the name,examination, addresslicensure and licenseregulation number of licensed [podiatrists are recorded] podiatric physiciansassistants. together with a record of license renewals, suspensions and revocations;

[(9)]The (7)rules grant,shall deny,include renew,definitions suspendand orlimitations revokeon licensesthe to practice podiatryof orpodiatric takeassistants, otherqualifications actionsfor providedapplicants infor Sectionlicensure, 61-1-3an NMSAinitial 1978license fee in accordancean withamount thenot provisionsto ofexceed thetwo Uniformhundred Licensingfifty Actdollars ($250) and a renewal fee not to exceed one hundred dollars ($100) per year, provisions for anythe causeregulation statedof inpodiatric assistants and provisions for the Podiatrysuspension Act;or revocation of licenses;

[(10)](10) (8)determine promulgateby rulesrule settingall standardsqualifications ofHCEDC/HB preliminary83 andPage professional22 qualificationsand requirements for theapplicants practiceseeking oflicensure podiatry;as podiatric physicians or podiatric assistants;

[(11)](11) (9) promulgate rules [andfor preparethe examination and administerlicensure examinations]as forfoot theand examination,ankle licensureradiation technologists, which shall include definitions and elimitations ton 17the regulationpractice of podiatricfoot assistantsand [asankle areradiation necessarytechnologists, qualifications for applicants for licensure, an initial license fee in an amount not to protectexceed wtwo lhundred nfifty ddollars 18($250) and a renewal fee not to exceed one hundred dollars ($100) per year, provisions for the public].regulation of foot and ankle radiation technologists and provisions for the suspension or revocation of licenses;

The rules shall include definitions and =(12) =require 19fingerprints, limitationsor onother thebiometric practiceidentification, ofand podiatricother assistants,information anecessary l i a e r 20 qualifications for applicants for licensure, an initial license a tstate m m 21 fee in an amount not to exceed two hundred fifty dollars ($250) d r e 22 and anational renewalcriminal feebackground notcheck toas exceed one hundred dollars ($100) per c e s k 23 year, provisions for the regulation of podiatric assistants and e a ncondition b 24 provisions for thelicensure." suspensionSECTION or9. revocation of licenses;

uSection [61-8-8 [(12)]NMSA (10)1978 determine(being byLaws rule1977, allChapter .225098.6221, -Section 248, - HCEDC/HB 83 qualifications and requirements for applicants seeking licensure as [podiatrists]amended) podiatricis physiciansamended orto podiatricread: assistants;

[and"61-8-8. (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;

andQUALIFICATIONS (12)FOR requireLICENSURE fingerprints,AS orA otherPODIATRIC biometricPHYSICIAN.-- identification,A. and other information necessary for a state and e t 17 national criminal background check as a condition for w l n d 18 licensure." = = 19 SECTION 9.

SectionEach 61-8-8applicant NMSAfor 1978licensure (beingas Laws 1977, a lpodiatric iphysician ashall efurnish revidence 20satisfactory Chapterto 221,the Sectionboard 8,that asthe amended)applicant: is amended to read:

a(1) thas mreached mthe 21age "61-8-8.of majority;

QUALIFICATIONS(2) FORhas LICENSUREgraduated ASand Abeen [PODIATRIST]awarded da rdoctor eHCEDC/HB 2283 PODIATRICPage PHYSICIAN.--23 cof epodiatric smedicine kdegree 23from A.a college of podiatric medicine accredited by the American podiatric medical association council on podiatric medical education;

Each applicant for licensure as a [podiatrist] e a n b 24 podiatric physician shall furnish evidence satisfactory to the u [ board that the applicant:

.225098.6 - 25 - HCEDC/HB 83 (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;

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 e t 17 clinical and written examinations as the board deems necessary.

w l n d 18 The examinations shall be in English and the subjects covered = = 19 by the examinations shall be determined by the board and taken a l i a e r 20 from subjects taught in accredited colleges of podiatric a t m m 21 medicine.

No applicant for licensure by examination shall be d r e 22 licensed who has not received a passing score on all board-board-approved c e s k 23 approved [or board-administered] examinations.

e a n b 24 D.

A [podiatrist] podiatric physician licensed in u [ another state may, on a temporary basis, consult, advise or .225098.6 - 26 - HCEDC/HB 83 cooperate in patient treatment with a [podiatrist] podiatric physician licensed in New Mexico, subject to rules promulgated by the board." HCEDC/HB 83 Page 24 SECTION 10.

In addition, each applicant for licensure by reciprocity shallshall: [furnish the board]:

(1) furnish the board an affidavit from the applicant's state board showing a valid, unrestricted license e t 17 and the fact that the applicant has been licensed to practice w l n d 18 podiatry and has practiced podiatry for at least [five] three = = 19 consecutive years immediately preceding the filing of the a l i a e r 20 application for reciprocal licensure and is in good standing a t m m 21 with the other licensing jurisdiction;

and d r e 22 (2) pay required fees.

c e s k 23 B.

The board shall, as soon as practicable but no e a n b 24 later than thirty days after an out-of-state licensee files an u [ application for licensure by reciprocity, process the .225098.6 - 27 - HCEDC/HB 83 application and issue the license in accordance with Section 61-1-31.1 NMSA 1978.

The board shall determine the states and HCEDC/HB 83 Page 25 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.

LICENSE FEES--LICENSURE UNDER PRIOR LAW-- RENEWAL.-- e t 17 A.

Except as provided in Section 61-1-34 NMSA 1978, w l n d 18 an applicant for licensure as a [podiatrist] podiatric = = 19 physician shall pay the following fees:

a l i a e r 20 (1) for licensure by examination:

a t m m 21 (a) an examination fee equal to the cost d r e 22 of purchasing the examination, plus an administration fee not c e s k 23 to exceed fifty percent of the examination fee;

and e a n b 24 (b) an application fee not to exceed u [ [five hundred dollars ($500)] six hundred dollars ($600);

.225098.6 - 28 - HCEDC/HB 83 (2) for licensure on the basis of reciprocity, a fee set by the board in an amount not to exceed six hundred dollars ($600);

HCEDC/HB 83 Page 26 (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 e t 17 that has lapsed more than one year but not more than three w l n d 18 years;

and = = 19 (6) for the issuance of a temporary license, a a l i a e r 20 fee not to exceed one hundred dollars ($100).

a t m m 21 B.

If any licensee permits the licensee's license d r e 22 to lapse for a period of three full years, the license shall c e s k 23 automatically be canceled and shall not be reinstated.

e a n b 24 C.

The provisions of Paragraphs (3), (4) and (5) of u [ Subsection A of this section shall not apply to licensees who .225098.6 - 29 - HCEDC/HB 83 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.

HCEDC/HB 83 Page 27 D.

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 e t 17 education requirements as set forth in Subsection B of this w l n d 18 section.

= = 19 B.

As a condition of renewal, all applicants shall a l i a e r 20 furnish the board with evidence of completion of postgraduate a t m m 21 study as required by board rule.

Postgraduate study may be d r e 22 obtained from a college of podiatric medicine accredited by the c e s k 23 American [podiatry] podiatric medical association, one of its e a n b 24 constituent societies or affiliate organizations or other u [ [such] courses approved by the board.

This requirement may .225098.6 - 30 - HCEDC/HB 83 only be waived for reasons of prolonged illness or other incapacity or during a public health emergency.

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 HCEDC/HB 83 Page 28 continuing education requirements within sixty days of January 1 as provided in Subsection A of this section.

SUSPENSION, REVOCATION OR REFUSAL OF LICENSE.--LICENSE.--The 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:

e t 17 A.

making a false statement in any part of an w l n d 18 application for licensure, examination or registration = = 19 pursuant to the provisions of the Podiatry Act;

a l i a e r 20 B.

[conviction of a crime involving moral a t m m 21 turpitude, as shown by a certified copy of the record of the d r e 22 court of conviction] having a disqualifying criminal conviction c e s k 23 as determined by the board.

As used in this subsection, e a n b 24 "disqualifying criminal conviction" means a conviction for a u [ crime that is related to the profession of podiatry;

.225098.6 - 31 - HCEDC/HB 83 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;

lending the use of one's name to an unlicensed [podiatrist]HCEDC/HB 83 Page 29 podiatric physician;

[any] dishonest or unprofessional conduct as defined by the Podiatry Act or rules adopted pursuant to that e t 17 act." w l n d 18 SECTION 14.

Section 61-8-12 NMSA 1978 (being Laws 1977, = = 19 Chapter 221, Section 12, as amended) is amended to read:

a l i a e r 20 "61-8-12.

OFFENSES--PENALTIES.--Each of the following a t m m 21 acts committed by any person constitutes a misdemeanor d r e 22 punishable upon conviction by a fine of not less than one c e s k 23 hundred dollars ($100) or more than ten thousand dollars e a n b 24 ($10,000) or by imprisonment not to exceed one year, or both:

u [ A.

practicing or attempting to practice podiatry .225098.6 - 32 - HCEDC/HB 83 without a current valid license issued by the board;

advertising or using any designation, diploma HCEDC/HB 83 Page 30 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;

practicing podiatry during any period of time in which one's license has been revoked or suspended as provided e t 17 in the Podiatry Act." w l n d 18 SECTION 15.

Section 61-8-13 NMSA 1978 (being Laws 1977, = = 19 Chapter 221, Section 13, as amended) is amended to read:

a l i a e r 20 "61-8-13.

UNPROFESSIONAL CONDUCTCONDUCT.--Unprofessional [EXCEPTIONS].--[A.] a t m m 21 Unprofessional conduct pursuant to Subsection H of Section d r e 22 61-8-11 NMSA 1978 for [any podiatrist] a podiatric physician c e s k 23 licensed under the Podiatry Act includes using [any] false or e a n b 24 misleading advertising or making [any] a false or misleading u [ statement in communications with patients or potential patients .225098.6 - 33 - HCEDC/HB 83 or using [any] a misleading or deceptive title or designation in a name or title of a podiatric practice.practice." SECTION 16.

[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 e t 17 nor larger than twelve point gothic with a border not larger w l n d 18 than four points;

= = 19 (3) mailing one notice of the opening of a new a l i a e r 20 practice or a notice of the assumption of an established a t m m 21 practice consisting of a printed announcement, which shall be d r e 22 in an envelope and shall state only the practitioner's name, c e s k 23 location, telephone number, office hours and the designation e a n b 24 "podiatrist", "foot specialist" or "practice limited to care of u [ feet" and the usual language announcing the opening of an .225098.6 - 34 - HCEDC/HB 83 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.

provided, HCEDC/HB 83 Page 31 however, that this subsection shall not prohibit licensed e t 17 [podiatrists] podiatric physicians from associating themselves w l n d 18 as otherwise allowed by law in a professional corporation, = = 19 professional limited liability company, partnership or a l i a e r 20 association for the purpose of practicing podiatry.

a t m m 21 B.

In cases of emergency, as defined by board rule, d r e 22 the board may grant a temporary license to practice podiatry to c e s k 23 a person who meets the requirements of Subsections A and B of e a n b 24 Section 61-8-8 NMSA 1978.

The temporary license shall u [ automatically expire on the date of the next board meeting at .225098.6 - 35 - HCEDC/HB 83 which applications for licensure by examination or reciprocity are approved.

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 HCEDC/HB 83 Page 32 other health care-related communications from a [podiatrist] podiatric physician or an e t 17 employee of a [podiatrist] podiatric physician are confidential w l n d 18 communications protected in courts of law and administrative = = 19 proceedings by the physician-patient privilege." a l i a e r 20 SECTION 18.

TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, a t m m 21 PERSONNEL AND PROPERTY.--On July 1, 2023:

d r e 22 A.

all functions, personnel, records, equipment, c e s k 23 supplies and other property of the board of podiatry shall be e a n b 24 transferred to the podiatry advisory committee;

and u [ B.

all money and appropriations of the board of .225098.6 - 36 - HCEDC/HB 83 podiatry shall be transferred to the New Mexico medical board fund.

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.

-HCEDC/HB 3783 -Page 833 1025 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .225098.6