New
Mexico Register / Volume XXXVI, Issue 14 / July 29, 2025
TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 10 MEDICINE AND SURGERY PRACTITIONERS
PART 25 LICENSURE BY EXAMINATION, EXPEDITED
RECIPROCITY, EXPEDITED LICENSURE MILITARY SERVICE MEMBERS AND VETERANS,
TEMPORARY LICENSURE, AND EMERGENCY LICENSURE
16.10.25.1 ISSUING
AGENCY: New Mexico Medical Board
hereafter called the board, with the recommendations of the podiatry advisory
committee, hereafter called the committee.
[16.10.25.1 NMAC - Rp/E,
16.21.3.1 NMAC 7/29/2025]
16.10.25.2 SCOPE:
Applicants for licensure as a podiatric physician.
[16.10.25.2 NMAC - Rp/E,
16.21.3.2 NMAC 7/29/2025]
16.10.25.3 STATUTORY
AUTHORITY: Podiatry Act, Section 61-8-6 through 61-8-9,
and 61-8-14, NMSA and the Medical Practice Act, Sections 61-6-1 through
61-6-35 NMSA 1978.
[16.10.25.3 NMAC - Rp/E,
16.21.3.3 NMAC 7/29/2025]
16.10.25.4 DURATION:
Permanent.
[16.10.25.4 NMAC - Rp/E,
16.21.3.4 NMAC 7/29/2025]
16.10.25.5 EFFECTIVE
DATE: July 29, 2025, unless a later date is cited
at the end of a section.
[16.10.25.5 NMAC - Rp/E,
16.21.3.5 NMAC 7/29/2025]
16.10.25.6 OBJECTIVE: This
part lists the requirements and documentation, which must be submitted to the
board to obtain licensure as a podiatric physician.
[16.10.25.6 NMAC - Rp/E,
16.21.3.6 NMAC 7/29/2025]
16.10.25.7 DEFINITIONS:
A. “APMLE” means
American podiatric medical licensing examination.
B. “Background findings” the board may
deny, or otherwise limit a license if it is determined the applicant hold or
has held a license in another jurisdiction that is not in good standing, if
proceedings are pending against the applicant in another jurisdiction, or
information is received indicating the applicant is of danger to patients or is
guilty of violating any of the provisions of the Podiatric Act, the Uniform
Licensing Act, Impaired Health Care Providers Act. The results of the background check must
either indicate no negative findings, or if there are negative findings, those
findings will be considered by the board.
The board may formally accept the approval of the application at the
next scheduled meeting.
C. “Complaint/review committee” means a committee
established by the board to review all complaints and applicants with
background findings and to report to the board at its next scheduled meeting.
D. “CPME” means the
council on podiatric medical education.
E. “Eligible
jurisdiction” means:
(1) any
state or territory of the United States except those included in the list of
disapproved licensing jurisdictions in of 16.21.4.8 NMAC; and
(2) any
foreign country included in16.21.4.9 NMAC.
F. “Emergency” for purposes of
this rule means any sudden or unforeseen situation that requires immediate
action. The sudden onset of physical or
mental illness, injury, impairment, or other incapacitating condition by a New
Mexico licensed podiatrist is considered an emergency.
G. “Expedited
license by reciprocity” means a provisional license that confers the same
rights, privileges and responsibilities as a regular license issued by the
board.
H. “Fellowship” the period of
medical training a podiatrist may undertake after completing residency.
I. “Good standing” means a license or
registration is active and not expired, suspended, revoked, surrendered,
conditioned, or otherwise in a status that in any manner restricts the activity
of a licensee or registrant under the authority of the license.
J. “Jurisprudence exam” means an examination
concerning the laws and rules of the New Mexico medical board and the Podiatry Act.
K. “Jurisdiction”
has the same meaning as defined in Subsection
F of Section 61-1-2 NMSA 1978.
L. “Military service member” has the
same meaning as defined in Paragraph (2) of Subsection E of Section 61-1-34
NMSA 1978.
M. “NBPME” means
the national board of podiatric medical examiners.
N. “Preceptorship” a period of
practical experience and training for a podiatric medical school or college
that is not defined as a residency program approved by the council podiatric
medical education (CPME) and supervised by a New Mexico licensed podiatric
physician.
O. “Qualified applicant” means an
applicant who:
(1) holds
a current license in good standing in another jurisdiction, provided that an
applicant who is not a military service member or veteran must hold a current
license in good standing in an eligible jurisdiction.
(2) does
not have a disqualifying criminal conviction, as defined in the board’s rules;
and
(3) is
not subject to pending disciplinary action in New Mexico.
P. “Veteran” has the same meaning as
defined in Paragraph (3) of Subsection E of 61-1-34 NMSA 1978.
[16.10.25.7 NMAC - Rp/E,
16.21.3.7 NMAC 7/29/2025]
16.10.25.8 REQUIREMENTS FOR ALL LICENSEES: Each applicant for licensure as a podiatric physician shall furnish evidence satisfactory to the board that the applicant:
A. has reached the age of maturity.
(Note statute states majority);
B. has
graduated and been awarded a doctor of podiatric medicine degree from a college
of podiatric
medicine accredited by the American
podiatric medical association council on podiatric medical education; and
C. has completed, at a minimum, a
one-year residency program at a hospital accredited by the American podiatric
medical association council on education;
D. has completed an application under
oath on forms supplied by the board with a signature and a passport quality
photo taken within the past six months; applications are valid for one year
from the date of receipt shall pay the required fees;
E. The board may designate a professional background
information service, which compiles background information regarding an
applicant from multiple sources. Each
applicant for a license by examination must submit the required fees and
following documentation:
[16.10.25.8 NMAC - Rp/E,
16.21.3.8 NMAC 7/29/2025]
16.10.25.9 LICENSURE BY EXAMINATION: An applicant for licensure by examination shall submit evidence to the
board that the applicant has passed the examinations administered by the
national board of podiatry medical
examiners for students graduating from colleges of podiatry and shall furnish
the board an official transcript and take clinical and written examinations as
the board deems necessary. The
examinations shall be in English and the subjects covered by the examinations
shall be determined by the board and taken from subjects taught in accredited
colleges of podiatric medicine. No
applicant for licensure by examination shall be licensed who has not received a
passing score on all board-approved examinations.
16.10.25.9 NMAC - N, 7/29/2025]
16.10.25.10 DOCUMENTATION
REQUIREMENTS:
A. official
transcripts from the school of podiatric medicine or college, to be sent
directly to the board office from the accredited program;
B. certificate or letter from residency director verifying completion of residency program approved by the CPME and has completed, at a minimum, a one-year residency program at a hospital accredited by the American podiatric medical association council on education residency program;
C. proof that the
applicant has passed the NBPME examinations sent directly from the NBPME;
D. verification of
licensure in all states where the applicant holds or has held a license to
practice podiatry, or other health care profession; verification from the other
state(s) must be received electronically, and must attest to the status, issue
date, license number, and other information contained in the form; and
E. electronic signatures will be acceptable for applications submitted pursuant to Section 14-16-1 through Section 14-16-19 NMSA 1978.
[16.10.25.10 NMAC - Rp/E,
16.21.3.9 NMAC 7/29/2025]
16.10.25.11 EXPEDITED LICENSURE BY RECIPROCITY:
A. A candidate for expedited licensure by reciprocity
under Section 61-1-31.1 NMSA 1978 of the Uniform Licensing Act must submit to
the board a complete application containing all the following:
(1) proof of current licensure in an
eligible jurisdiction as defined in these rules;
(2) certificate of good standing for
the license held by the applicant in an eligible jurisdiction;
(3) official transcripts from the
school of podiatric medicine or college, to be sent directly to the board
office from the accredited program;
(4) certificate or letter from residence
director verifying completion of residence program approved by the CPME;
(5) proof of active practice for the three consecutive years
immediately preceding the date of application (such proof may include a letter
from an accountant, the professional society, tax forms, or other documentation
approved by the board);
B. An expedited license application
shall not be deemed complete until the applicant has submitted, and the board’s
staff is in receipt of, all of
the materials required by 16.10.3.11 NMAC, including documentation from third
parties.
C. Upon receipt of a complete
application, the board’s staff shall process the application and issue the
expedited license to a qualified applicant within 30 days.
D. If the applicant has a
disqualifying criminal conviction or the board may have other cause to deny the
application pursuant to Section 61-8-11 NMSA 1978:
(1) the matter of the applicant’s
application shall be submitted to the board for consideration and action at its
next available regular meeting;
(2) the license may not be issued within
30 days of submission of the complete application; and
(3) the board may vote to grant the
application or refer the matter to its administrative prosecutor for denial of
the application as provided by the board’s rules.
[16.10.25.11 NMAC -
N, 7/29/2025]
16.10.25.12 LIST OF DISAPPROVED LICENSING
JURISDICTIONS; REASONS. Applicants licensed
in the following states and territories of the United States shall not be
eligible for expedited licensure by reciprocity under Section 61-8-9 NMSA 1978
of the Podiatry Act:
A. American Samoa,
on the grounds that the board cannot determine the education or examination
requirements in this jurisdiction;
B. Guam, on the
grounds that this jurisdiction does not require licensees to pass any
examination;
C. Kentucky and
Pennsylvania, on the grounds that these jurisdictions do not require licensees
to complete a residency program;
D. Minnesota, New
Jersey, and Puerto Rico, on the grounds that these jurisdictions do not require
licensees to pass Part III of the NBPME AMPLE exam considered by New Mexico to
be an integral portion of the national examinations to determine competency to
practice podiatry;
E. Montana, North
Carolina and North Dakota, on the grounds that the boards cannot determine
sufficiency of residency requirements in these jurisdictions; and
F. Virgin Islands,
on the grounds that the board cannot determine the examination requirements in
this jurisdiction.
[16.10.25.12 NMAC - N,
7/29/2025]
16.10.25.13 LIST OF APPROVED FOREIGN
JURISDICTIONS. Applicants licensed in the
following foreign countries outside of the United States may be eligible for
expedited licensure under Section 61-8-9 NMSA 1978 of the Podiatry Act:
A. Spain; and
B. Canada.
[16.10.25.13 NMAC - N,
7/29/2025]
16.10.25.14 EXPEDITED LICENSURE APPLICATION FOR
MILITARY SERVICE MEMBERS AND VETERANS:
A. A candidate for expedited licensure
by reciprocity under Section 61-1-34 NMSA 1978 must submit to the board a
complete application containing all of the following:
(1) a completed and signed application
form;
(2) proof of current license in another
jurisdiction;
(3) certificate of good standing for
the license held by the applicant in another jurisdiction, including a branch
of the United States armed forces;
(4) submission of the following
documentation:
(a) for military service member: a
copy of military orders;
(b) for spouse of military service
members: copy of military service member’s military orders, and copy of
marriage license;
(c) for spouses of deceased military
service members: copy of decedent’s DD 214 and copy of marriage license;
(d) for dependent children of military
service members: a copy of military service member’s orders listing dependent
child, or a copy of military orders and one of the following; a copy of birth
certificate, military service member’s federal tax return or other governmental
or judicial documentation establishing dependency;
(e) for veterans (retired or separated):
proof of honorable discharge such as a copy of DD 214, DD 215, DD 256, DD 257,
NGB Form 22, Military ID card, a driver’s license or state ID card with a
veterans designation, or other documentation as provided by a governmental
entity verifying an honorable discharge.
B. An expedited license application
shall not be deemed complete until the applicant has submitted, and the board’s
staff is in receipt of all of the materials required
by 16.21.4.20 NMAC, including documentation from third parties.
C. Upon receipt of a complete
application, the board’s staff shall process the application and issue the
expedited license to a qualified applicant within 30 days.
D. If the applicant has a disqualifying
criminal conviction or the board may have other cause to deny the application
pursuant to Section 61-8-11 NMSA 1978:
(1) the matter of the applicant’s
application shall be submitted to the board for consideration and action at its
next available regular meeting;
(2) the license may not be issued within
30 days of submission of the complete application; and
(3) the board may vote to grant the
application or refer the matter to its administrative prosecutor for denial of
the application as provided by the board’s rules.
E. A military
service member or veteran who is issued an expedited license shall not be
charged a licensing fee for the first three years of licensure with the board.
[16.10.3.14 NMAC -
N, 7/29/2025]
16.10.25.15 TEMPORARY LICENSE: A
temporary license may be issued by the board in the following situations.
A. In cases of
emergency as determined by the board; a temporary license to practice as a
podiatric physician may be issued under this rule for practice in the office of
a New Mexico licensed podiatrist who is unable to continue his or her practice
due to an emergency.
B. To facilitate
educational programs; a temporary license to practice podiatry in New Mexico
may be issued to:
(1) a
participant in a residency training program located in New Mexico accredited by
the “CPME” and insure that at all times throughout the
program the temporary license holder is supervised by a New Mexico licensed
podiatrist; or
(2) a
participant in a residency program that is located in
the United States accredited by the “CPME” and insure that at
all times the temporary license holder is supervised by a New Mexico
licensed podiatrist, if the program offers part of its program residency in New
Mexico;
(3) a
participant in a post-graduate one year preceptorship program in New Mexico
that at all times throughout the program is supervised
by a New Mexico licensed podiatrist(s) in good standing and without
restriction(s) of license; the board requires the supervising podiatrist(s) of
this preceptorship to have notified the board in writing of the start and end
dates for this post-graduate training position;
(4) a
participant in a Fellowship program known and listed by a
recognized medical specialty organization provided that at all times the
temporary license holder is supervised by a New Mexico Licensed podiatrist.
C. In cases to
assist or perform surgical procedures with a licensed New Mexico podiatrist
which is beyond the training and experience available in New Mexico
[16.10.25.15 NMAC -
N, 7/29/2025]
16.10.25.16 TEMPORARY LICENSE DOCUMENTATION REQUIREMENTS: Each applicant for a temporary license must submit the required fees and submit or provide for the following documentation set forth in 16.10.3.8 NMAC.
[16.10.25.16 NMAC -
N, 7/29/2025]
16.10.25.17 DISASTER RELATED LICENSE: Podiatric
physician currently licensed and in good standing, or otherwise meeting the
requirements for New Mexico licensure, in a state in which a disaster has been
declared by federal authorities, may apply for a license in New Mexico during
the four months following the date the disaster was declared, at no cost.
[16.10.25.17 NMAC -
N, 7/29/2025]
16.10.25.18 DISASTER RELATED LICENSE DOCUMENTION
REQUIREMENTS: Nothing in this section shall constitute a waiver of the requirements
for licensure contained in 16.10.3.8 NMAC. Upon receipt of a
completed application, including all required documentation designee of the
board will review and may approve the application. The results of the background check must
either indicate no negative findings, or if there are negative findings, those
findings will be reviewed by the complaint/review committee. The board may formally accept the
recommendation of the complaint/review committee at the next scheduled meeting.
[16.10.25.18 NMAC -
N, 7/29/2025]
16.10.25.19 REPORTS: The
board requires obtainment of reports from the national practitioners data bank
or other national reporting organization and the federation of podiatric
medical boards disciplinary data bank.
[16.10.25.19 NMAC - Rp/E,
16.21.10 NMAC 7/29/2025]
16.10.25.20 LICENSURE
PROCEDURE: Upon receipt of a completed application,
including all required documentation and fees, the designee of the board will
review and may approve the application.
The results of the background check must either indicate no negative
findings, or if there are negative findings, those findings will be considered
by the board. The board may ratify the
approval of the application at the next scheduled board meeting. Any application which cannot be approved by
the designee of the board will be reviewed by the board at the next scheduled
meeting.
[16.10.25.20 NMAC - Rp/E,
16.21.3.11 NMAC 7/29/2025]
HISTORY of 16.21.3 NMAC:
Pre-NMAC History:
The material in this
part was derived from that previously filed with the commission of public
records - state records center and archives:
Rule II, Initial
Application for License, filed 7/21/1980;
Rule II, Initial
Application for License, filed 8/18/1989;
Rule II, Initial
Application for License, filed 11/29/1990;
Rule II, Initial
Application for License, filed 12/10/1990;
Rule V,
Examinations, filed 9/11/1989.
History of the Repealed Material:
16 NMAC 21.3,
Podiatry - Application for License by Examination, repealed 10/15/2004.
16.21.3 NMAC,
Podiatrists - License by Exam filed 9/15/2004, Repealed effective 5/3/2019.
16.21.3 NMAC,
Podiatrists - License by Exam filed 4/3/2019, Repealed effective 7/29/2025.
Other History:
Rule II, Initial
Application for License (filed 12/10/1990) was renumbered, reformatted and
replaced by 16 NMAC 21.3, Podiatry - Application for License By Examination,
effective 7/1/1996.
Rule V,
Examinations, (filed 9/11/1989) and 16 NMAC 21.3, Podiatry - Application for
License by Examination (filed 6/17/1996) were replaced by 16.21.3 NMAC, License
by Exam, effective 10/15/2004.
16.21.3 NMAC, Podiatrists
- License by Exam filed 9/15/2004 was Replaced by 16.21.3 NMAC, Podiatrists -
License by Exam effective 5/3/2019.
16.21.3 NMAC,
Podiatrists - License by Exam filed 4/3/2019 was replaced by 16.10.25 NMAC, Medicine And Surgery Practitioners - Licensure By
Examination, Expedited Reciprocity, Expedited Licensure Military Service
Members And Veterans, Temporary Licensure, And Emergency Licensure effective
7/29/2025.