N.M. Code R. § 16.10.8.8

Current through Register Vol. 35, No. 8, April 23, 2024

Section 16.10.8.8 - UNPROFESSIONAL OR DISHONORABLE CONDUCT

As defined in the Medical Practice Act, Section 61-6-15,D,(29), "unprofessional or dishonorable conduct" includes, but is not limited to, the following:

A. practicing medicine without an active license;

B. sexual misconduct, including sexual contact with patient surrogates, such as parents and legal guardians, that occurs concurrently with the physician-patient relationship;

C. violating a narcotic or drug law;

D. excessive prescribing or administering of drugs;

E. excessive treatment of patients;

F. impersonating an applicant in an examination or at a board interview;

G. making or signing false documents;

H. dishonesty;

I. deceptive or anonymous advertising;

J. improper use of a fictitious name;

K. violation of a term of a stipulation; or

L. prescribing, dispensing or administering drugs or medical supplies to a patient when there is no established physician-patient relationship, including prescribing over the internet or via other electronic means that is based solely on an on-line questionnaire; except for:

(1) physicians and physician assistants on call for another practitioner, or responsible for another practitioner's patients in an established clinic or office, or acting as locum tenens where a physician-patient relationship has previously been established and documented in the practitioner's or clinic's record;

(2) physicians and physician assistants in emergency room or urgent care settings;

(3) prescriptions written to prepare a patient for special examination(s) or laboratory testing;

(4) prescribing or dispensing for immunization programs;

(5) the provision of treatment for partners of patients with sexually transmitted diseases when this treatment is conducted in accordance with the expedited partner therapy guidelines and protocol published by the New Mexico department of health; and

(6) the provision of consultation, recommendation, or treatment during a face-to-face telehealth encounter online, using standard videoconferencing technology, where a medical history and informed consent are obtained and a medical record generated by the practitioner, and a physical examination is:

(a) recorded as appropriate by the practitioner, or a practitioner such as a physician, a physician or anesthesiologist assistant, or an advanced practice nurse, with the results communicated to the telehealth practitioner; or

(b) waived when a physical examination would not normally be part of a typical physical face-to-face encounter with the patient for the specific services being provided.

N.M. Code R. § 16.10.8.8

16.10.8.8 NMAC - Rp 16 NMAC 10.8.8, 7/15/01; A, 1/10/07; A, 9/27/07; A, 9/21/09