1. A. Chapter 61, Article 6 NMSA 1978 may be cited as the "Medical Practice Act".
2. B. In the interest of the public health, safety and welfare and to protect the public from the improper, unprofessional, incompetent and unlawful practice of medicine, it is necessary to provide laws and rules controlling the granting and use of the privilege to practice medicine and to establish a medical board to implement and enforce the laws and rules.
3. C. The primary duties and obligations of the medical board are to issue licenses to qualified health care practitioners, including physicians, physician assistants and anesthesiologist assistants, to discipline incompetent or unprofessional physicians, physician assistants or anesthesiologist assistants and to aid in the rehabilitation of impaired physicians, physician assistants and anesthesiologist assistants for the purpose of protecting the public.

History: 1978 Comp., § 61-6-1, enacted by Laws 1989, ch. 269, § 1; 2003, ch. 19, § 1; 2021, ch. 54, § 16.

ANNOTATIONS

Recompilations. — Laws 1989, ch. 269, § 2 recompiled former 61-6-1 NMSA 1978, relating to appointment, qualifications and terms of board of medical examiners, as 61-6-2 NMSA 1978, effective July 1, 1989.

Cross references. — For Sexual Assault Survivors Emergency Care Act, see 24-10D-1 NMSA 1978 et seq.

The 2021 amendment, effective June 18, 2021, in Subsection C, after "qualified", added "health care practitioners, including".

The 2003 amendment, effective June 20, 2003, substituted "medical board" for "board of medical examiners" in Subsections B and C; in Subsection C, inserted "anesthesiologist assistants" three times and deleted "to register qualified" preceding "physician assistants".

License requirement does not violate first amendment rights. — The Medical Practice Act does not purport to regulate the expression of ideas or opinions concerning effective treatments or other issues of public concern, nor does it require all speakers at seminars held in New Mexico to be licensed to practice in New Mexico. The act simply requires those who engage in conduct in New Mexico that amounts to the practice of medicine to obtain a New Mexico license. Thus, any burden on the exercise of first amendment rights is at best minimal and incidental, and the act leaves open alternative channels of communication through which ideas and opinions can be expressed. State v. Ongley, 1994-NMCA-073, 118 N.M. 431, 882 P.2d 22.

County and municipal officials exceeded their authority by enacting abortion-related ordinances preempted by state law. — Where several counties and municipalities (respondents) enacted local ordinances prohibiting the mailing or receipt of any abortion-related instrumentality and creating licensing schemes exclusive to abortion clinics and providers, and where the state of New Mexico sought a writ of mandamus and stay of respondents enforcement of the ordinances and to invalidate the ordinances as preempted by state law, the writ of mandamus was granted because the ordinances plainly conflicted with the provisions of the Medical Practice Act, which vests the medical board with exclusive licensing and disciplinary authority for a physician's practice of medicine. The pervasive regulatory scheme under the Medical Practice Act demonstrates the legislature's intent to occupy the field of medical licensure specifically, and state professional licensure generally. State ex rel. Torrez v. Bd. of Cnty. Comm'rs for Lea Cnty., 2025-NMSC-011.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of contractual restrictions on right of medical practitioner to practice, incident to sale of practice, 62 A.L.R.3d 918.

Validity and construction of contractual restrictions on right of medical practitioner to practice, incident to partnership agreement, 62 A.L.R.3d 970.

Validity and construction of contractual restrictions on right of medical practitioner to practice, incident to employment agreement, 62 A.L.R.3d 1014.

Liability for interference with physician-patient relationship, 87 A.L.R.4th 845.

State law criminal liability of licensed physician for prescribing or dispensing drug or similar controlled substance, 13 A.L.R.5th 1.

Construction and application of learned-intermediary doctrine, 57 A.L.R.5th 1.