2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 6 - Medicine and Surgery
Section 61-6-13 - Physician licensure by endorsement.
A. The board may grant a license by endorsement to a physician applicant who:
(1) has graduated from an accredited United States or Canadian medical or osteopathic medical school;
(2) is board certified in a specialty recognized by the American board of medical specialties, the American osteopathic association or other specialty boards as approved by the board;
(3) has been a licensed physician in the United States or Canada and has practiced medicine in the United States or Canada immediately preceding the application for at least three years;
(4) holds an unrestricted license in another state or Canada; and
(5) was not the subject of a disciplinary action in a state or province.
B. The board may grant a physician license by endorsement to an applicant who:
(1) has graduated from a medical or osteopathic medical school located outside the United States or Canada;
(2) is of good moral character;
(3) is board certified in a specialty recognized by the American board of medical specialties, the American osteopathic association or other boards as approved by the board;
(4) has been a licensed physician in the United States or Canada and has practiced medicine in the United States or Canada immediately preceding the application for at least three years;
(5) holds an unrestricted license in another state or Canada; and
(6) was not the subject of disciplinary action in a state or province.
C. An endorsement provided pursuant to this section shall certify that the applicant has passed an examination that meets with board approval and that the applicant is in good standing in that jurisdiction. In cases when the applicant is board certified, has not been the subject of disciplinary action that would be reportable to the national practitioner data bank or the healthcare integrity and protection data bank and has unusual skills and experience not generally available in this state, and patients residing in this state have a significant need for such skills and experience, the board may waive a requirement imposing time limits for examination completion that are different from requirements of the state where the applicant is licensed.
D. An applicant for licensure under this section may be required to personally appear before the board or a designated agent for an interview.
E. An applicant for licensure under this section shall pay an application fee as provided in Section 61-6-19 NMSA 1978.
F. The board may require fingerprints and other information necessary for a state and national criminal background check.
History: 1978 Comp., § 61-6-13, enacted by Laws 1989, ch. 269, § 9; 1994, ch. 80, § 6; 2001, ch. 96, § 3; 2003, ch. 19, § 13; 2005, ch. 159, § 2; 2021, ch. 54, § 32; 2021, ch. 70, § 8.
ANNOTATIONSRecompilations. — Laws 1989, ch. 269, § 10 recompiled former 61-6-13 NMSA 1978, relating to organized youth camp or school licenses, as 61-6-14 NMSA 1978, effective July 1, 1989.
Cross references. — For perjury generally, see 30-25-1 NMSA 1978.
2021 Multiple Amendments. — Laws 2021, ch. 54, § 32 and Laws 2021, ch. 70, § 8, both effective June 18, 2021, enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2021, ch. 70, § 8 as the last act signed by the governor is set out above and incorporates both amendments. The amendments enacted by Laws 2021, ch. 54, § 32 and Laws 2021, ch. 70, § 8 are described below. To view the session laws in their entirety, see the 2021 session laws on NMOneSource.com.
The nature of the difference between the amendments is that Laws 2021, ch. 54, § 32, provided that a graduate of an accredited osteopathic medical school, having met other requirements, may be granted a license by endorsement by the New Mexico medical board, included board certification in a specialty recognized by the American osteopathic association as acceptable for meeting certain licensure requirements, and removed a provision that an applicant for licensure by endorsement must be in compliance with United States immigration laws, and Laws 2021, ch. 70, § 8, removed a provision that an applicant for licensure by endorsement must be in compliance with United States immigration laws.
Laws 2021, ch. 54, § 32, effective June 18, 2021, provided that a graduate of an accredited osteopathic medical school, having met other requirements, may be granted a license by endorsement by the New Mexico medical board, included board certification in a specialty recognized by the American osteopathic association as acceptable for meeting certain licensure requirements, and removed a provision that an applicant for licensure by endorsement must be in compliance with United States immigration laws; in the section heading, added "Physician"; in Subsection A, in the introductory clause, preceding "applicant", added "a physician", in Paragraph A(1), after "Canadian medical", added "or osteopathic medical", and in Paragraph A(2), after "medical specialties", added "the American osteopathic association or other specialty boards as approved by the board"; and in Subsection B, in the introductory clause, after "grant a", added "physician", in Paragraph B(1), after "from a medical", added "or osteopathic medical", deleted former Paragraph B(3) and redesignated former Paragraphs B(4) through B(7) as Paragraphs B(3) through B(6), respectively, and in Paragraph B(3), after "medical specialties", added "the American osteopathic association or other boards as approved by the board".
Laws 2021, ch. 70, § 8, effective June 18, 2021, removed a provision that an applicant for licensure by endorsement must be in compliance with United States immigration laws; and in Subsection B, deleted Paragraph B(3) and redesignated former Paragraphs B(4) through B(7) as Paragraphs B(3) through B(6), respectively.
The 2005 amendment, effective April 5, 2005, in Subsection A, provided that the board may grant a license by endorsement to an applicant who has graduated from an accredited United States or Canadian medical school and deleted the provision that the officers of the examining board with jurisdiction or the Canadian medical council endorse the applicant; and in Subsection B, deleted the provision that the officers of the examining board with jurisdiction or the Canadian medical council endorse the applicant.
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, in subsection D, inserted the language beginning "In cases when the applicant is board certified" and ending "where the applicant is licensed."
The 1994 amendment, effective May 18, 1994, rewrote Subsections A, B and C, added Subsection D and redesignated former Subsections D and E as Subsections E and F, respectively, and substituted "any" for "a" in subsection E.
Findings regarding "equivalent" "qualifications and requirements". — The district court may find that the differences in methodology of examination scoring between this state and another do not rationally relate to the question of "equivalent" "qualifications and requirements". Fiber v. N.M. Bd. of Med. Exam'rs, 1979-NMSC-046, 93 N.M. 67, 596 P.2d 510.
Practice of medicine limited. — The practice of medicine, as characterized by the art of diagnosing, administration and prescribing of drugs and medicines, surgery, psychiatric examination, analysis and consultation, is limited in New Mexico to persons who, as determined by the New Mexico board of medical examiners, are duly accredited graduates of approved medical schools and have successfully passed a written examination or who have been granted their licenses by way of endorsement from the officers of examining boards of other states or certified to the New Mexico board of medical examiners by the national board of medical examiners. 1958 Op. Att'y Gen. No. 58-136.
Entitlement to license. — Absent properly issued and reasonable regulations, a person is entitled to a license if all the qualifications established by the legislature are met. 1965 Op. Att'y Gen. No. 65-11.
Function of interview. — The interview is a helpful aid in determining whether or not an applicant has met the New Mexico qualifications for licensing by endorsement. 1965 Op. Att'y Gen. No. 65-11.
Osteopath is a physician and surgeon who has been trained in that "system or school of medicine which is taught and practiced in standard colleges of osteopathy and surgery," substantially the same as those in which applicants for a license to practice medicine are required to be examined. 1934 Op. Att'y Gen. No. 34-806.
Law reviews. — For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973).
For article, "Survey of New Mexico Law, 1979-80: Administrative Law," see 11 N.M.L. Rev. 1 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 67, 68.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 20.
