N.M. Code R. § 16.10.12.8 – Delegations under Section 61-6-17 (I) Nmsa 1978 (as Amended in 1997)

A. In order for a non-licensed physician who is practicing medicine in New Mexico under a New Mexico licensed physician’s supervision, the non-licensed physician, pursuant to Section 61-6-17 (I) NMSA 1978, as amended in 1997, shall have an unrestricted license to practice in some other licensing jurisdiction, which does not necessarily need to be in the United States.
B. The supervising physician shall report, in writing, to the board. The report shall include:
(1) name and local addresses of any physician that will be supervised;
(2) the jurisdiction where the supervised physician is licensed, and proof of licensure, and current status of licensure;
(3) the scope of practice and the manner by which the New Mexico licensed physician will directly supervise the non-licensed physician; and
(4) the name and address of the hospital, if any, to be utilized by the supervising physician.
C. The report shall be submitted to the board at least twenty-one (21) days before the supervising physician begins to practice medicine in New mexico, except in the case of an emergency, in which circumstance the report shall be submitted to the board within 10 days maximum of the date upon which the qualified physician begins practice under the supervising physician.
D. Prior to allowing a qualified physician to perform delegated medical acts, the supervising physician shall notify the hospital that such qualified physician shall be performing medical acts under the supervision of the physician at that institution.
E. The non-licensed physician must be granted approval by the board or the board's delegate to practice before he/she begins to practice in New Mexico under the provisions of this rule.
(1) Approval by the board for a non-licensed physician to practice under the direct supervision of a New mexico licensed physician shall be for a period of not more than 15 days and cannot be renewed.
(2) Approval by the board for a non-licensed physician to practice under the direct supervision of a New Mexico licensed physician at a JCAHO accredited hospital shall be for a period of not more than three months; provided, however, that the approval can be renewed by the board up to three times.
F. The supervising physician shall inform all patients who shall be treated by the non-licensed physician, that the supervised physician is not licensed to practice medicine in New Mexico and have the patients sign a statement acknowledging that the patient knows the supervised physician is not licensed to practice medicine in New Mexico.
[3/17/98, 4/27/2000; 16.10.12.8 NMAC - Rn & A, 16 NMAC 10.12.8, 1/10/07]
HISTORY OF 16.10.12 NMAC: [RESERVED]