New Mexico Register / Volume XXXVII,
Issue 17 / September 9, 2026
NOTICE
OF PUBLIC RULE HEARING
Public Notice: The
New Mexico Medical Board has filed for a new part to be added to the existing
NMAC Title 16, Chapter 10. The addition
will be numbered 16.10.33 NMAC and will cover all rules relating to the New
Mexico Interstate Medical Licensure Compact Commission.
Topic:
Public Rule Hearing
Date: November 6, 2026
Time: 09:00 AM Mountain Time (US and Canada)
Place:
New Mexico Medical Board
2055 S. Pacheco Street, Bldg. 400
Santa Fe, NM 87505
Purpose:
During the 2026 Legislative
Session SB01 passed and was signed by Governor Lujan Grisham on May 20, 2026.
SB01 set the Interstate Medical Licensure Compact Commission (IMLCC) statute in
effect for the New Mexico Medical Board (NMMB). NMMB will now participate in
processing applications for licensure through the IMLCC. At the New Mexico Medical Board’s regular Board
Meeting held on August 6-7, 2026, the Board voted to approve the proposed rule
language for 16.10.33 including modifications made by the Board during the
meeting.
No technical information serves as a basis for
this proposed new rule.
Public comment: Interested
parties may provide comment on the proposed amendments of this state rule at
the public hearing or may submit written comments to Monique Parks , New Mexico
Medical Board, 2055 South Pacheco Street, Bldg. 400, Santa Fe, NM 87505, or by electronic
mail to MoniqueM.Parks@nmmb.nm.gov.
All written comments must be received no later than 3:00 p.m. (MDT) on
October 29, 2026. All written comments
will be posted to the agency website within (3) three business days.
Copies of proposed rules: Copies
of the proposed rules may be accessed through the New Mexico Medical Board’s
website at www.nmmb.state.nm.us or may be obtained from the Board office by
calling (505) 476-7220 or via email at MoniqueM.Parks@nmmb.nm.gov or at Natalie.Padilla@nmmb.nm.gov.
Individuals with disabilities who require the
above information in an alternative format, or who need any form of auxiliary
aid to attend or participate in the public hearing are asked to contact Monique
Parks or Natalie Padilla at (505) 476-7220 or via email at MoniqueM.Parks@nmmb.nm.gov or Natalie.Padilla@nmmb.nm.gov. The New Mexico Medical Board requires at
least ten (10) calendar days advance notice to provide any special
accommodations requested.
Summary of proposed new rule: The
Board summarizes its new rule language to its administrative rules as follows:
TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 10 MEDICINE
AND SURGERY PRACTITIONERS
PART 33 INTERSTATE MEDICAL LICENSURE COMPACT
16.10.33.1 ISSUING AGENCY:
New Mexico Medical Board, hereafter called the board.
[16.10.33.1 NMAC - N, xx/xx/2026]
16.10.33.2 SCOPE:
This part applies to all physicians applying for licensure through the
Interstate Medical Licensure Compact (IMLC).
[16.10.33.2 NMAC - N, xx/xx/2026]
16.10.33.3 STATUTORY
AUTHORITY: This part governs the licensing of physicians in New Mexico under the
Interstate Medical Licensure Compact and is promulgated pursuant to and in
accordance with the Medical Practice Act, 61-6-36 to 61-6-39 and Interstate
Medical Licensure, 11-21-1, 11-21-2,
NMSA 1978. And sections
Reproductive and Gender Affirming Healthcare Freedom Act, 24-34-1 and
Reproductive and Gender Affirming Healthcare Protection Act, 24-35-1 NMSA 1978.
[16.10.33.3 NMAC - N, xx/xx/2026]
16.10.33.4 DURATION: Permanent.
[16.10.33.4 NMAC - N, 16 10.33.4 NMAC
xx/xx/2026]
16.10.33.5 EFFECTIVE DATE:
xxxxxx xx, 2026, unless a later date is cited at the end of a section.
[16.10.33.5 NMAC - N, xx/xx/2026]
16.10.33.6 OBJECTIVE:
This part establishes requirements and procedures for licensure as a physician
in New Mexico.
[16.10.33.6 NMAC - N, xx/xx/2026]
16.10.33.7 DEFINITIONS:
A. “Interstate medical licensure
compact (IMLC) license” means a full and unrestricted medical license
granted by a member state to an eligible physician through the process set
forth in the Interstate Medical Licensure Compact (IMLC).
B. “Physician applying for an IMLC
license” means a person who:
(a) is a graduate of a medical school accredited
by the liaison committee on medical education, the commission on osteopathic
college accreditation, or a medical school listed in the international medical
education directory or its equivalent;
(b) passed each component of the United
States medical licensing examination (USMLE) or the comprehensive osteopathic
medical licensing examination (COMLEX-USA) within three attempts, or any of its
predecessor examinations accepted by a state medical board as an equivalent examination
for licensure purposes;
(c) successfully
completed graduate medical education approved by the accreditation council for
graduate medical education or the American osteopathic association;
(d) holds specialty certification or
a time-unlimited specialty certificate recognized by the American board of
medical specialties or the American osteopathic association's bureau of
osteopathic specialists;
(e) possesses a
full and unrestricted license to engage in the practice of medicine issued by a
member board;
(f) has never
been convicted, received adjudication, deferred adjudication, community
supervision, or deferred disposition for any offense by a court of appropriate
jurisdiction;
(g) has never
held a license authorizing the practice of medicine subjected to discipline by
a licensing agency in any state, federal, or foreign jurisdiction, excluding
any action related to nonpayment of fees related to a license;
(h) has never
had a controlled substance license or permit suspended or revoked by a state or
the United States drug enforcement administration; and
(i) is not
under active investigation by a licensing agency or law enforcement authority
in any state, federal, or foreign jurisdiction.
C. “Protected health care activity” means health care for which the provision, receipt, or
facilitation is afforded explicit legal protection under state law or
regulation and is distinguished from health care that is otherwise lawfully permitted
but is not afforded such explicit protection.
D. “State of principal license” (SPL) means a member state where a
physician holds a license to practice medicine and which has been designated as
such by the physician for purposes of registration and participation in the
compact.
[16.10.33.7 NMAC - N, xx/xx/2026]
16.10.33.8 ELIGIBILITY: A physician applying for licensure
through the IMLC.
A. A
physician applying for licensure through the IMLC must meet the requirements as
defined in subsection B of 16.10.33.7 NMAC.
B. A
physician applying for licensure through the IMLC who does not qualify for
licensure pursuant to 16.10.33.7(B) may apply through standard licensure as
defined in 16.10.2 NMAC.
[16.10.33.8 NMAC - N, xx/xx/2026]
16.10.33.9 STATE OF PRINCIPAL LICENSE (SPL):
A. A physician applying for licensure through the IMLC
shall designate a member state as the state of principal license for purposes of
registration for compact licensure through the interstate medical licensure
compact if the physician holds a full and unrestricted license to practice
medicine in that state and the state meets at least one of the following
criteria:
(1) the state of
principal residence of the physician;
(2) the state in
which at least twenty-five percent of the physician’s practice of medicine
occurs;
(3) the location of the physician’s
primary employment; or
(4) the state designated
as the physician’s state of residence for purposes of federal income taxation,
if a state does not qualify under Paragraph (1), (2), or (3) of this
subsection.
B. A
physician may redesignate a member state as the state of principal license at
any time, provided the state meets the requirements pursuant to subsection A of
16.10.33.9.
C. The
interstate medical licensure compact commission is authorized to promulgate
rules to facilitate the redesignation of a member state as the state of
principal license.
[16.10.33.9 NMAC - N, xx/xx/2026]
16.10.33.10 APPLICATION AND ISSUANCE OF AN IMLC LICENSE:
A. Application: A physician seeking licensure through the
interstate medical licensure compact shall submit an application to the member board of the state
designated as the state of principal license.
B. Determination
of eligibility: Upon receipt of an
application, the board of the state of principal license shall determine
whether the physician meets the eligibility requirements of the compact and shall
issue a letter of qualification to the interstate commission verifying or
denying eligibility.
(1) Verification
of qualifications, including medical education, graduate medical education,
examination history, and other criteria established by the interstate
commission, shall not require additional primary source verification if such
verification has been completed by the state of principal license.
(2) The member
board shall conduct a criminal background check, including fingerprinting or other
biometric data in compliance with Federal bureau of investigation requirements,
except for federal employees who have received a suitability determination
pursuant to 5 C.F.R. Section 731.202.
(3) Any appeal
of an eligibility determination shall be made to the member board of the state
of principal license and shall be governed by the laws of that state.
C. Registration for Licensure: A physician determined to be eligible
shall complete the registration process established by the interstate
commission and pay all applicable fees for each member state in which licensure
is sought.
D. Issuance
of license: Upon completion of the registration process and payment of
required fees, the board shall issue an IMLC license. The license authorizes the physician to
practice medicine in New Mexico in accordance with the Medical Practice Act and
all applicable laws and rules of the board.
E. Term of license: An IMLC license issued under the compact
shall be valid for the same period, and subject to the same renewal
requirements, as a full and unrestricted license issued by the board.
F. Termination: An
IMLC license shall be automatically terminated if the physician fails to
maintain a full and unrestricted license in the state of principal license for
a non-disciplinary reason and does not designate a new state of principal
license within 90 days.
[16.10.33.10 NMAC - N, xx/xx/2026]
16.10.33.11 FEES
FOR COMPACT LICENSURE:
A. Initial
licensure fee: A physician applying
for an IMLC license to practice medicine in New Mexico through the compact
shall pay a non-refundable licensure fee pursuant to 16.10.9 NMAC. This fee shall be in addition to any fees
required by the interstate commission.
B. Renewal
fee: A
physician renewing an IMLC license issued by the board shall pay a renewal fee
pursuant to 16.10.9 NMAC.
C. Interstate
commission fees: In addition to fees imposed by the board, the physician shall
pay all applicable fees established by the interstate commission for
participation in the compact, including any application or registration fees.
D. Fee
changes: All fees established by the board pursuant to this section
shall be set by rule and may be amended in accordance with applicable law.
[16.10.33.11 NMAC - N, xx/xx/2026]
16.10.33.12 RENEWAL AND CONTINUED PARTICIPATION:
A. A physician seeking to renew an IMLC license granted
in a member state shall complete a renewal process through the interstate
commission provided by the physician:
(1) continues to maintain a full and unrestricted
license in the state of principal license.
(2) has not been convicted of, or received
adjudication, deferred adjudication, community
supervision or deferred
disposition for an offense by a court of appropriate jurisdiction.
(3) has not had a license authorizing the practice
of medicine subject to discipline by a licensing agency in any state, federal,
or foreign jurisdiction, excluding any actions related to nonpayment of fees
related to licensure fees.
(4) has not had a controlled substance license or permit
suspended or revoked by a state or the United States drug enforcement
administration.
B. Physicians shall comply with all continuing
professional development or continuing medical education (CME) requirements for
renewal of a license issued by a member state.
C. The interstate commission shall collect
renewal fees and distribute such fees to the applicable member boards.
D. Upon
receipt of the renewal fees collected a member board shall renew the
physician's license pursuant to
subsection C of 16.10.33.12 NMAC.
E. Physician information collected by the
interstate commission during the renewal process will be distributed to all
member boards.
F. The interstate commission is authorized to develop rules
to address renewal of licenses obtained through the interstate medical
licensure compact.
[16.10.33.12 NMAC - N, xx/xx/2026]
16.10.33.13 JOINT
INVESTIGATIONS:
A. Licensure and disciplinary records of a physician
received under a joint investigation are deemed confidential under the
provisions in subsection B of 16.10.1.9 NMAC. All information provided to the
interstate commission or distributed by member boards shall be confidential, filed
under seal and used only for investigatory or disciplinary matters.
B. In addition to the authority granted to a member board by its respective
medical practice act or other applicable state law, a member board may
participate with other member boards in joint investigations of physicians
licensed by the member boards.
C. If participating in a joint investigation, and if requested by another
board, the New Mexico medical board may issue an investigative subpoena.
D. Member boards may share investigative, litigation, or compliance
materials in furtherance of any
joint or individual investigation
initiated under the interstate medical licensure compact.
E. In the context of a joint
investigation, a member state may investigate and evaluate a physician’s
conduct under the statutes and administrative rules of any other member state
in which the physician is licensed and may utilize those statutes and rules as the
governing standard for investigative findings and referral for disciplinary
action.
[16.10.33.13 NMAC - N, xx/xx/2026]
16.10.33.14 DISCIPLINARY ACTION:
A. A
disciplinary action taken by a member board against a physician licensed
through the interstate medical licensure compact shall be deemed unprofessional
conduct that may be subject to discipline by other member boards, in addition
to a violation of the Medical Practice Act or rules in that state.
B. If
a license granted to a physician by the member board in the state of principal
license is revoked, surrendered or relinquished in lieu of discipline or
suspended, then all licenses issued to the physician by member boards shall
automatically be placed, without further action necessary by any member board,
on the same status. If the member board
in the state of principal license subsequently reinstates the physician's
license, a license
issued to the physician by any other
member board shall remain encumbered until that respective member board takes
action to reinstate the license in a manner consistent with the medical
practice act of that state.
C. If
disciplinary action is taken against a physician by a member board not in the
state of principal license, any other member board may deem the action
conclusive as to a matter of law and fact decided and:
(1) impose the
same or lesser sanctions against the physician so long as such sanctions are consistent
with the medical practice act of that state; or
(2) pursue
separate disciplinary action against the physician under that state's
respective medical practice act, regardless of the action taken in other member
states.
D. If
a license granted to a physician by a member board is revoked, surrendered or
relinquished in lieu of discipline or suspended, then any licenses issued to
the physician by other member boards shall be suspended, automatically and immediately
without further action necessary by the other member boards, for 90 days upon
entry of the order by the disciplining board, to permit the member boards to
investigate the basis for the action under the medical practice act of that
state. A member board may terminate the
automatic suspension of the license the member board issued prior to the
completion of the 90 day suspension period in a manner consistent with the
medical practice act of that state.
E. A
license, certification or authorization that is automatically suspended or
revoked pursuant to this article shall be immediately reinstated if the
suspension or revocation is solely on the provision of, authorization of,
recommendation of, assistance in, referral for, or other participation in a
protected health care activity that is lawful under the laws of New Mexico,
including applicable medical standards of care, regardless of the patient's
state of residence.
[16.10.33.14 NMAC - N, xx/xx/2026]
16.10.33.15 PROTECTED
HEALTH CARE ACTIVITIES:
A. The board
shall not take disciplinary or other adverse action against a licensee or
applicant based solely on the provision of, authorization of, recommendation
of, assistance in, referral for, or other participation in a protected health
care activity that is lawful under the laws of New Mexico, including applicable
medical standards of care, regardless of the patient's state of residence.
B. The board shall
not take disciplinary or other adverse action against a licensee or applicant
based solely on an actual or alleged violation of another state's laws
concerning a protected health care activity in New Mexico as defined by
executive order and or statute when the activity is lawful under the laws of
New Mexico, assuming applicable medical standards of care have been met.
[16.10.33.15 NMAC-N, xx/xx/2026]
HISTORY OF 16.10.33 NMAC:
[RESERVED]