2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 10 - Osteopathic Medicine
Section 61-10-14 - Privileges and obligations; presence on hospital staffs; intent of act. (Repealed effective July 1, 2022.)
Osteopathic physicians and surgeons licensed hereunder shall have equal rights, privileges and obligations in the handling of cases and rendering of medical services in all branches and phases of the healing arts as are accorded or permitted physicians and surgeons of other schools of practice; that such general rights shall extend to the rendering of medical services under the provisions of public health, welfare, assistance laws and other fields of public medicine, and no regulations shall be made with respect thereto limiting, excluding or discriminating against osteopathic physicians and surgeons.
Osteopathic physicians and surgeons shall also have the right to register under the laws of the United States governing narcotics. Osteopathic physicians shall observe and be subject to all state and municipal regulations relative to the reporting of births and deaths and all matters pertaining to the public health with equal rights and obligations as physicians and surgeons of other schools of medicine, and such reports shall be accepted by the officers of the departments to which they are made.
A. That the rights, benefits and obligations conferred by this act upon licensed osteopathic physicians and surgeons shall not be construed as taking from the governing authorities of all state, county and municipal hospitals, or from any publicly supported hospital either in whole or in part the complete control and management of such hospitals with power to make rules and regulations for the operations of such hospitals and to determine who will be on the staff of such hospitals; nor shall this act be construed as taking from the governing authorities of any hospital or other institution owned, operated or mainttained [maintained] by any religious, industrial or fraternal group or organization the absolute right of complete control and management of such hospitals and institutions.
History: Laws 1933, ch. 117, § 12; 1941 Comp., § 51-812; Laws 1945, ch. 79, § 4; 1947, ch. 117, § 1; 1953 Comp., § 67-8-12; Laws 1955, ch. 42, § 1.
ANNOTATIONSDelayed repeals. — Laws 2021, ch. 54, § 49 repealed 61-10-14 NMSA 1978, effective July 1, 2022.
Compiler's notes. — Laws 1955, ch. 42, § 1 contained no Subsection B.
The term "this act," which first appeared in Laws 1955, ch. 42, § 1, strictly construed, probably had reference to the original act relating to osteopathic medicine, Laws 1933, ch. 117, the provisions of which are presently compiled as 61-10-1 [repealed], 61-10-3 to 61-10-6, 61-10-8 to 61-10-18. However, by Laws 1975, ch. 296, § 1, which amended this section by, inter alia, substituting the specific statutory reference for "this act (67-8-1 to 67-8-16)", the legislature probably intended to include the entire article within the term "this act."
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For incorporation of osteopaths under Professional Corporation Act, see 53-6-1 NMSA 1978 et seq.
Control of staff in hospital board. — Subsection A reserves to the governing boards of public hospitals full control over the making of regulations to determine who should be on the staff, irrespective of the so-called equal rights given to osteopaths. Munroe v. Wall, 1959-NMSC-054, 66 N.M. 15, 340 P.2d 1069.
No absolute right to practice in public hospital. — It was not the legislative intent to authorize osteopathic physicians and surgeons to practice in or to have all the rights and facilities of a public hospital extended to them as a matter of law. Munroe v. Wall, 1959-NMSC-054, 66 N.M. 15, 340 P.2d 1069.
Osteopaths have same right to extract teeth or treat diseases which come within the field of practicing medicine as do physicians and surgeons. 1943 Op. Att'y Gen. No. 43-4328.
Practice of optometry. — Inasmuch as physicians and surgeons are specifically given the right to practice optometry and osteopaths are given the same general rights as physicians and surgeons, they too have been granted the right to practice optometry. 1945 Op. Att'y Gen. No. 45-4740.
No absolute right to practice in public hospital. — Duly licensed physician has no absolute or constitutional right to practice in a public hospital, and governing authorities of public hospitals may regulate and control their hospitals and prescribe reasonable rules and regulations to be followed by physicians using the facilities. 1965 Op. Att'y Gen. No. 65-81.
Hospital rule can provide for exclusion of those who follow certain systems of medicine. 1965 Op. Att'y Gen. No. 65-81.
Bond issue. — A hospital bond issue election may be called where the hospital bylaws provide that only medical doctors may be staff members. 1962 Op. Att'y Gen. No. 62-122.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Osteopath as a physician or surgeon within statute in relation to vital statistics, 8 A.L.R. 1070.
Kind or character of treatment, restrictive medical or surgical license, 86 A.L.R. 626.
Limitation on right of chiropractors and osteopathic physicians to participate in public medical welfare programs, 8 A.L.R.4th 1056.
Liability of osteopath for medical malpractice, 73 A.L.R.4th 24.
Liability of chiropractors and other drugless practitioners for medical malpractice, 77 A.L.R.4th 273.
Exclusion of, or discrimination against, physician or surgeon by hospital, 28 A.L.R.5th 107.
