N.M. Admin. Code § 16.10.2.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.10.2.7 - DEFINITIONS

A."Absence of good moral character" means any conduct that calls into question an applicant's fitness or suitability to engage in licensed practice, or that is antithetical to the promotion of the public health, safety, and welfare, as determined by the board, constitutes a lack of good moral character. The conduct subject to the board's evaluation for good moral character may or may not arise in the context of professional practice.

B."ABMS" means the American board of medical specialties.

C."AOA" means the American osteopathic association.

D."AOA-BOS" means the American osteopathic association bureau of osteopathic specialists.

E."Board approved school" means a medical school that has been approved by the liaison committee on medical education, composed of the American medical association and the association of American medical colleges, has a liaison council on medical education (LCME)-approved curriculum or equivalent for graduates of Canadian schools, is accredited by the American osteopathic association or commission on osteopathic accreditation, or has been approved by the board. Foreign medical graduates that are vetted and approved for a board approved training program and hold an ECFMG certification are considered to have graduated from an acceptable medical education, as if they have graduated from a board approved school.

F."Board approved training program" means a program approved by the accrediting council on graduate medical education of the American medical association (ACGME), is approved by American osteopathic association (AOA), the royal college of physicians and surgeons of Canada (RCPSC), or a residency program located within an ACGME approved institution that has been approved by the board.

G."Board approved credential verification service" means a credential verification service certified by the national commission on quality assurance (NCQA) and approved by the board.

H."Complete application" means an application for licensure that includes all required documentation in 16.10.2 NMAC and subject to the provisions of Section 61-6-11 NMSA 1978 and Section 61-1-3.5 NMSA 1978.

I."Disqualifying criminal conviction" means a conviction pursuant to the Uniform Licensing Act, Section 61-1-36 NMSA 1978, for a crime that is job-related for the position in question and consistent with business necessity.

J."ECFMG" means educational commission for foreign medical students.

K."FCVS" means the federation credential verification service of the federation of state medical boards.

L."Good moral character" means qualities evidencing an applicant's present good moral character for purposes of licensure including candor, honesty, integrity, a respect for the law, regard for the welfare, safety, and rights of another, and fidelity and trustworthiness in the practice of the professions for which they may be licensed. Conversely, an applicant whose conduct reflects the absence of one or more of these qualities may be said to lack the good moral character required for licensure. It is a continuing duty to exhibit good moral character as a licensee. Absence of good moral character means any conduct that calls into question an applicant's fitness or suitability to engage in licensed practice, or that is antithetical to the promotion of the public health, safety, and welfare, as determined by the board, constitutes a lack of good moral character. The conduct subject to the board's evaluation for good moral character may or may not arise in the context of professional practice.

M."HSC" means the hospital services corporation, a New Mexico corporation, and a credential verification organization certified by the national commission on quality assurance (NCQA).

N."License renewal" means the renewal of an active license with the required documentation and the submission by the licensee to a state and national background check, as determined by the board.

O."Major disaster" means a declaration of a major disaster by the federal emergency management agency (FEMA).

P."Military service member" means a person who is:

(1) serving in the armed forces of the United States as an active duty member, or in an active reserve component of the armed forces of the United States, including the national guard;

(2) the spouse of a person who is serving in the armed forces of the United States or in an active reserve component of the armed forces of the United States, including the national guard, or a surviving spouse of a member who at the time of the member's death was serving on active duty; or

(3) the child of a military service member if the child is also a dependent of that person for federal income tax purposes.

Q."Nationwide criminal history record" information concerning a person's arrests, indictments, or other formal criminal charges and any dispositions arising therefrom, including convictions, dismissals, acquittals, sentencing and correctional supervision, collected by criminal justice agencies and stored in the computerized databases of the federal bureau of investigation, the national law enforcement telecommunications systems, the department of public safety or the repositories of criminal history information in other states.

R."Nationwide criminal history screening" a criminal history background investigation of an applicant for licensure by examination or endorsement through the use of fingerprints reviewed by the department of public safety and submitted to the federal bureau of investigation, resulting in the generation of a nationwide criminal history record for that applicant.

S."Out of state sports team" means an entity or organization:

(1) for which athletes engage in sporting events;

(2) headquartered or organized under laws other than the laws of New Mexico; and

(3) a majority of whose staff and athletes are residents of another state.

T."Physician" means allopathic doctor (MD) or doctor of osteopathy (DO).

U."Qualified applicant" means an applicant for licensure who satisfies the requirements and standards for licensure established by the board.

V."Sporting event" means a scheduled sporting event involving an out of state sports team for which an admission fee is charged to the public, including any preparation or practice related to the activity.

W."Telemedicine" means the practice of medicine across state lines as defined in the Medical Practice Act, Subsection K of Section 61-6-6 NMSA 1978.

X."Veteran" means a person who received an honorable discharge or separation from military service.

N.M. Admin. Code § 16.10.2.7

16.10.2.7 NMAC - Rp 16 NMAC 10.2.7, 4/18/02; A, 1/20/03; A, 10/7/05; A, 12/30/05; A, 7/1/06; A, 1/10/07; A, 10/11/13, Amended by New Mexico Register, Volume XXXIII, Issue 03, February 8, 2022, eff. 2/8/2022, Amended by New Mexico Register, Volume XXXIII, Issue 13, July 12, 2022, eff. 7/12/2022, Adopted by New Mexico Register, Volume XXXIV, Issue 13, July 18, 2023, eff. 7/7/2023, Amended by New Mexico Register, Volume XXXV, Issue 05, March 12, 2024, eff. 3/12/2024