New
Mexico Register / Volume XXXVI, Issue 14 / July 29, 2025
TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 10 MEDICINE AND SURGERY PRACTITIONERS
PART 23 GENERAL
PROVISIONS
16.10.23.1 ISSUING
AGENCY: New Mexico Medical Board hereafter called the
board, with the recommendations of the podiatry advisory committee, hereafter
called the committee.
[16.21.1.1 NMAC -
Rp,
[16.10.23.1 NMAC - Rp/E,
16.21.1.1 NMAC 7/29/2025]
16.10.23.2 SCOPE: The
provisions in 16.10.23 NMAC apply to all parts of Chapter 10 and provide
information for applicants, licensed podiatric physician, board members, and
members of the public.
[16.10.23.2 NMAC - Rp/E,
16.21.1.2 NMAC 7/29/2025]
16.10.23.3 STATUTORY
AUTHORITY: Podiatry Act, Subsection E of Section 61-8-6
NMSA 1978 and the Medical Practice Act, Sections 61-6-1 through 61-6-35
NMSA1978.
[16.10.23.3 NMAC - Rp/E,
16.21.1.3 NMAC 7/29/2025]
16.10.23.4 DURATION:
Permanent.
[16.10.23.4 NMAC - Rp/E,
16.21.1.4 NMAC 7/29/2025]
16.10.23.5 EFFECTIVE DATE: July
29, 2025, unless a later date is cited at the end of a section.
[16.10.23.5 NMAC - Rp/E,
16.21.1.5 NMAC 7/29/2025]
16.10.23.6 OBJECTIVE: This
part provides general provisions for the practice of podiatry, licensee
responsibility, and requirements for the conduct of board business.
[16.10.23.6 NMAC - Rp/E,
16.21.1.6 NMAC 7/29/2025]
16.10.23.7 DEFINITIONS:
A. “APMLE” means American
podiatric medical licensing examination.
B. “Board” means board The New Mexico medical board.
C. “Committee” means podiatry advisory committee
D “CPME” means the
council on podiatric medical education.
E. “NBPME” means the national board of
podiatric medical examiners.
F. “Practice of podiatry”: means engaging in that
primary health care profession, the members of which examine, diagnose, treat
and prevent by medical, surgical and biomechanical means ailments affecting the
human foot and ankle and the structures governing their functions, but does not
include amputation of the foot or the personal administration of a general
anesthetic.
G. “Podiatric physician” is defined as a physician,
pursuant to the laws of this state, and defined as a physician and surgeon
within the scope of the podiatric physician license.
H. “Foot and ankle radiation technologist” means a
person who takes x-rays of the foot and ankle under supervision of the
podiatric physician.
[16.10.23.7 NMAC - Rp/E,
16.21.1.7 NMAC 7/29/2025]
16.10.23.8 SCOPE OF PRACTICE:
A. For the purpose of clarification of the Podiatry Act, Subsection
C of Section 61-8-2 NMSA 1978, the practice of podiatry:
(1) in regard to surgical treatment shall include the skin and
subcutaneous tissues of the thigh and all structures distal to the knee.
(2) does
include amputation of any portion of the foot;
(3) does
allow the use of the services of a certified registered nurse anesthetist; and
(4) a
licensed podiatrist may assist a licensed medical or osteopathic physician in
the performance of any surgery of the lower extremities.
B. A podiatric
physician shall be recognized and permitted to supervise and administer
hyperbaric oxygen following the published recommendations of the undersea and
hyperbaric medical society, inc. “UHMS” and within the credentials and bylaws
of the facility that operates the hyperbaric unit with the following
stipulation; prior to administering hyperbaric oxygen, a podiatric physician
must have on file with the, board, documentation
certifying compliance with the above requirements.
[16.10.23.8 NMAC - Rp/E,
16.21.1.8 NMAC 7/29/2025]
16.10.23.9 LICENSE DISPLAY: A
valid license must be displayed and must be visible to the public in each place
of business.
[16.10.23.9 NMAC - Rp/E,
16.21.1.9 NMAC 7/29/2025]
16.10.23.10 RESPONSIBILITY OF LICENSEE: It is
the responsibility of the licensed podiatrist to keep the board informed of a current mailing address and email within 30 days of
changes. All correspondence, including
renewal forms, will be mailed or emailed to the last address on file. The board assumes no responsibility for
renewal applications or other correspondence not received because of a change
of mailing address or email
address.
[16.10.23.10 NMAC - Rp/E,
16.21.1.10 NMAC 7/29/2025]
16.10.23.11 SEVERABILITY: The
provisions of these regulations are severable.
If any parts of these regulations are held invalid, the remaining
provisions shall remain in force and effect.
[16.10.23.1 NMAC - Rp/E,
16.21.1.11 NMAC 7/29/2025]
16.10.23.12 COMMITTEE ORGANZIATION, POWERS AND
DUTIES:
A. The
committee shall consist of three members, one member who shall be the executive
director of the New Mexico podiatric medical association serving as an
ex-officio member and two members who shall be podiatric physicians licensed to
practice in New Mexico who have been actively engaged in the practice of
podiatry for at least three consecutive years immediately prior to their
appointments.
B. Members
of the committee shall be appointed by the board from a list of names submitted
to the board by the New Mexico podiatric medical association or its authorized
governing body or council. The list
shall be submitted to the board within thirty days of a vacancy and shall
contain at least three qualified podiatric physicians for each member
appointed. Member vacancies shall be
filled in the same manner. Committee
members shall serve until their successors have been appointed and qualified.
C. The
Committee shall hold meetings in a frequency necessary to conduct business and
shall meet at the request of the board. Meetings of the committee shall be
subject to the Open Meetings Acts.
D. The
board, with the advice of the committee, shall administer and enforce the
provisions of the podiatry act.
[16.10.23.12 NMAC
-Rp, 16.21.1.12 NMAC 7/29/2025]
16.10.23.13 ADVERTISING GUIDELINES:
A. All
advertisements shall include the podiatrist’s name or medical group name,
address and telephone number consistent with the Health Care Advertising Act,
Section 57-27-1 NMSA 1978.
B. Specialty
practice: A podiatrist may only
advertise a specialty practice if they qualify under one of the following
provisions:
(1) the
licensee is board certified or board eligible by a recognized certifying board;
if an abbreviation of the certifying board is used then the name of the
certifying board must be included in the advertisement;
(2) the
licensee is a fellow or an associate of a specialty organization which admits
fellows and associates on the basis of an examination;
if an abbreviation of the certifying board is used then the name of the
certifying board must be included in the advertisement.
[16.10.23.13 NMAC - Rp/E,
16.21.1.14 NMAC 7/29/2025]
16.10.23.15 [RESERVED]
16.10.23.16 [RESERVED]
HISTORY of
16.21.1 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 I, Conduct of
Board Business, filed 7/21/1980;
Rule IX, Scope of
Practice, filed 7/21/1980;
Rule XI, Advertising
by Licensees, filed 7/21/1980;
Rule XII, Inspection
of Board Records, filed 11/29/1990;
Rule XIV,
Severability, filed 11/29/1990.
History of
Repealed Material: Rule I, Conduct of Board Business (filed 7/21/1980);
Rule IX, Scope of Practice (filed 7/21/1980); Rule XI, Advertising by Licensees
(filed 7/21/1980); Rule XII, Inspection of Board Records (filed 11/29/1990);
and Rule XIV, Severability, (filed 11/29/1990), repealed 10/15/2004.
16.21.1 NMAC,
Podiatrists - General Provisions filed 9/15/2004, Repealed effective 7/29/2025.
Other History:
Rule I, Conduct of
Board Business (filed 7/21/1980); Rule IX, Scope of Practice (filed 7/21/1980);
Rule XI, Advertising by Licensees (filed 7/21/1980); Rule XII, Inspection of
Board Records (filed 11/29/1990); and Rule XIV, Severability, (filed 11/29/1990)
all replaced by 16.21.1 NMAC, effective 10/15/2004.
16.21.1 NMAC,
Podiatrists - General Provisions filed 9/15/2004 was replaced by 16.21.1 NMAC, Medicine
and Surgery Practitioners - General Provisions effective 7/29/2025.