MEDICAL BOARD EXPEDITED LICENSURE

HB0127

HOUSE BILL 127

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Reena Szczepanski
and
Linda M. López
and
Tara L. Lujan

and
Joseph L. Sanchez
and
E. Diane Torres-Velásquez

AN ACT

RELATING TO LICENSING; REQUIRING THE NEW MEXICO MEDICAL BOARD
TO GRANT EXPEDITED LICENSES TO PRACTICE MEDICINE TO QUALIFIED
APPLICANTS; REQUIRING THE NEW MEXICO MEDICAL BOARD TO ESTABLISH
A REGISTRY FOR OUT-OF-STATE TELEHEALTH PROVIDERS; REPEALING
SECTION 61-6-11.1 NMSA 1978 (BEING LAWS 2001, CHAPTER 96,
SECTION 10, AS AMENDED).

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 61-6-11 NMSA 1978 (being Laws 1923,
Chapter 44, Section 3, as amended) is amended to read:

"61-6-11. PHYSICIAN LICENSURE.--

A. The board may consider for licensure a person
who is of good moral character, is a graduate of an accredited
United States or Canadian medical or osteopathic medical
school, has passed an examination approved by the board and has
completed two years of an approved postgraduate training
program for physicians.

B. An applicant who has not completed two years of
an approved postgraduate training program for physicians, but
who otherwise meets all other licensing requirements, may
present evidence to the board of the applicant's other
professional experience for consideration by the board in lieu
of the approved postgraduate training program. The board
shall, in its sole discretion, determine if the professional
experience is substantially equivalent to the required approved
postgraduate training program for physicians.

C. A graduate of a board-approved medical or
osteopathic medical school located outside the United States or
Canada may be granted a license to practice medicine in New
Mexico; provided
that
the applicant presents evidence to the
board that the applicant is a person of good moral character;
and provided
further
that the applicant presents satisfactory
evidence to the board that the applicant has successfully
passed an examination as required by the board and has
successfully completed two years of postgraduate medical
training in an approved postgraduate training program for
physicians.

D. An applicant who holds a license to practice
medicine without supervision that is in good standing and
issued in a country located outside the United States or Canada
may be granted a license to practice medicine in New Mexico;
provided that the applicant presents evidence to the board that
the applicant is a person of good moral character and has met
all other eligibility requirements for certification by the
educational commission for foreign medical graduates or its
successor organization.

E.
A graduate of a medical school located outside
the United States who successfully completes at least two years
of an approved postgraduate training program for physicians at
or affiliated with an institution located in New Mexico prior
to December 30, 2007 and who meets the other requirements of
this section may also be granted a license to practice
medicine.

[
D.
]
F.
All applicants for licensure may be
required to appear personally before the board or a designated
agent for an interview.

[
E.
]
G.
An applicant for licensure by examination
shall not be granted a license if the applicant has taken the
examination in two or more steps and has failed to successfully
pass the final step within seven years of the date that the
first step was passed. An applicant for licensure who holds a
medical or osteopathic doctor degree and a doctoral degree in a
medically related field must successfully complete the entire
examination series within ten years from the date the first
step of the examination is passed. The board may, by rule,
establish exceptions to the time requirements of this
subsection.

[
F.
]
H.
Every applicant for licensure under this
section shall pay the fees required by Section 61-6-19 NMSA
1978.

[
G.
]
I.
The board may require fingerprints and
other information necessary for a state and national criminal
background check."

SECTION 2.
A new section of the Medical Practice Act,
Section 61-6-11.2 NMSA 1978, is enacted to read:

"61-6-11.2. [
NEW MATERIAL
] TELEHEALTH REGISTRY.--

A. The board shall establish a telehealth registry
in which a physician not licensed in this state may apply to
become registered as a telehealth provider.

B. The board shall register a physician not
licensed in this state as a telehealth provider if the
physician:

(1) submits an application in a form and
manner prescribed by the board;

(2) holds a full and unrestricted license to
practice medicine in another state or territory of the United
States;

(3) has not had a license to practice medicine
revoked or restricted in any state or jurisdiction;

(4) does not open an office in this state or
interact with patients while located within this state;

(5) designates a duly appointed registered
agent for service of process in this state in a form and manner
prescribed by the board;

(6) demonstrates that the physician maintains
professional liability insurance that covers telehealth
provided to patients in this state; and

(7) pays all applicable fees provided in
Section 61-6-19 NMSA 1978.

C. The board shall publish on the board's website a
list of all out-of-state physicians who are registered to
provide telehealth in this state. The list shall include the
registered physician's:

(1) name;

(2) completed training and education,
including completion dates and any certificates or degrees
obtained;

(3) out-of-state license and license number;
and

(4) duly appointed registered agent for
service of process in this state, including the agent's name
and address.

D. A physician not licensed in this state may
provide health care to a patient located in this state using
telehealth if the physician:

(1) registers with the board; and

(2) provides health care within the scope of
practice for a physician under the Medical Practice Act.

E. A physician shall not be registered as a
telehealth provider if the physician's license in another state
or jurisdiction is subject to a pending disciplinary
investigation or action or if the license has been suspended or
revoked. A physician registered to provide telehealth in this
state shall notify the board of any restrictions placed upon
the physician's license or any disciplinary action taken or
pending against the physician in any state or jurisdiction.
Notification shall be provided within five business days of a
restriction being placed or disciplinary action being taken.

F. The board may take disciplinary action,
including suspension or revocation of registration as a
telehealth provider, against an out-of-state physician
registered pursuant to the provisions of this section if the
physician:

(1) fails to notify the board of any adverse
actions taken against the physician's license, as required
under Subsection E of this section;

(2) has restrictions placed on or disciplinary
action taken against the physician's license in any state or
jurisdiction;

(3) commits any act that constitutes grounds
for disciplinary action under the Medical Practice Act; or

(4) violates any of the requirements of this
section.

G. For the purposes of this section, "telehealth"
means the use of electronic information, imaging and
communication technologies, including interactive audio, video
and data communications, as well as store-and-forward
technologies, to provide and support health care delivery,
diagnosis, consultation, treatment, transfer of medical data
and education."

SECTION 3.
Section 61-6-13 NMSA 1978 (being Laws 1989,
Chapter 269, Section 9, as amended) is amended to read:

"61-6-13. PHYSICIAN EXPEDITED LICENSURE.--

A. The board [
may
]
shall
grant an expedited license
to a qualified applicant licensed in another state or territory
of the United States, the District of Columbia or a foreign
country as provided in Section 61-1-31.1 NMSA 1978. The board
shall process the application as soon as practicable but no
later than thirty days after the [
out-of-state medical or
osteopathic physician
]
applicant
files an application for
expedited licensure accompanied by any required fee if the
applicant:

(1) holds a license that is current and in
good standing issued by another licensing jurisdiction
[
approved by the board
]; and

(2) has practiced medicine or osteopathy as a
licensed physician for at least three years
prior to filing an
application
.

B. If the board issues an expedited license to a
person whose prior licensing jurisdiction did not require
examination, the board may require a person to pass an
examination before applying for license renewal.

C. [
The board by rule shall determine those states
and territories of the United States and the District of
Columbia from which it will not accept an applicant for
expedited licensure and shall determine any foreign countries
from which it will accept an applicant for expedited licensure.
The board shall post the lists of disapproved and approved
licensing jurisdictions on the board's website. The list of
disapproved licensing jurisdictions shall include the specific
reasons for disapproval. The lists shall be reviewed annually
to determine if amendments to the rule are warranted
] The board
may require fingerprints and other information necessary for a
state and national criminal background check."

SECTION 4.
Section 61-6-19 NMSA 1978 (being Laws 1989,
Chapter 269, Section 15, as amended) is amended to read:

"61-6-19. FEES.--

A. Except as provided in Section 61-1-34 NMSA 1978,
the board shall impose the following fees:

(1) an application fee not to exceed five
hundred dollars ($500) for licensure by endorsement as provided
in Section 61-6-13 NMSA 1978;

(2) an application fee not to exceed five
hundred dollars ($500) for licensure by examination as provided
in Section 61-6-11 NMSA 1978;

(3) a triennial renewal fee not to exceed five
hundred dollars ($500);

(4) a fee of twenty-five dollars ($25.00) for
placing a physician's license or a physician assistant's
license on inactive status;

(5) a late fee not to exceed one hundred
dollars ($100) for physicians who renew their license within
forty-five days after the required renewal date;

(6) a late fee not to exceed two hundred
dollars ($200) for physicians who renew their licenses between
forty-six and ninety days after the required renewal date;

(7) a reinstatement fee not to exceed seven
hundred dollars ($700) for reinstatement of a revoked,
suspended or inactive license;

(8) a reasonable administrative fee for
verification and duplication of license or registration and
copying of records;

(9) a reasonable publication fee for the
purchase of a publication containing the names of all
practitioners licensed under the Medical Practice Act;

(10) an impaired physician fee not to exceed
one hundred fifty dollars ($150) for a three-year period;

(11) an interim license fee not to exceed one
hundred dollars ($100);

(12) a temporary license fee not to exceed one
hundred dollars ($100);

(13) a postgraduate training license fee not
to exceed fifty dollars ($50.00) annually;

(14) an application fee not to exceed one
hundred fifty dollars ($150) for physician assistants applying
for initial licensure;

(15) a licensure fee not to exceed one hundred
fifty dollars ($150) for physician assistants biennial license
renewal and registration of supervising or collaborating
licensed physician;

(16) a late fee not to exceed fifty dollars
($50.00) for physician assistants who renew their licensure
within forty-five days after the required renewal date;

(17) a late fee not to exceed seventy-five
dollars ($75.00) for physician assistants who renew their
licensure between forty-six and ninety days after the required
renewal date;

(18) a reinstatement fee not to exceed one
hundred dollars ($100) for physician assistants who reinstate
an expired license;

(19) a fee not to exceed three hundred dollars
($300) annually for a physician supervising a clinical
pharmacist;

(20) an [
application and renewal fee for a
telemedicine license
]
annual telehealth provider registration
fee
not to exceed [
nine hundred dollars ($900)
]
one hundred
dollars ($100)
;

(21) a reasonable administrative fee, not to
exceed the current cost of application and license or renewal
for a license, that may be charged for reprocessing
applications and renewals that include minor but significant
errors and that would otherwise be subject to investigation and
possible disciplinary action; and

(22) a reasonable fee as established by the
department of public safety for nationwide and statewide
criminal history screening of applicants and licensees.

B. All fees are nonrefundable and shall be used by
the board to carry out its duties efficiently."

SECTION 5.
Section 61-6-20 NMSA 1978 (being Laws 1923,
Chapter 44, Section 9, as amended) is amended to read:

"61-6-20. PRACTICING WITHOUT LICENSE--PENALTY.--

A. [
Any
]
A
person who practices medicine or who
attempts to practice medicine without first complying with the
provisions of the Medical Practice Act and without being the
holder of a license entitling [
him
]
the person
to practice
medicine in New Mexico is guilty of a fourth degree felony.

B. [
Any
]
A
person who practices medicine across
state lines or who attempts to practice medicine across state
lines without first complying with the provisions of the
Medical Practice Act and without being [
the holder of a
telemedicine license
]
registered as a telehealth provider

entitling [
him
]
the person
to practice medicine across state
lines is guilty of a fourth degree felony.

C. [
Any
]
A
person convicted pursuant to Subsection
A or B of this section shall be sentenced under the provisions
of the Criminal Sentencing Act to imprisonment for a definite
period not to exceed eighteen months and, in the discretion of
the sentencing court, to a fine not to exceed five thousand
dollars ($5,000), or both. Each occurrence of practicing
medicine or attempting to practice medicine without complying
with the Medical Practice Act shall be a separate violation."

SECTION 6.
REPEAL.--Section 61-6-11.1 NMSA 1978 (being
Laws 2001, Chapter 96, Section 10, as amended) is repealed.

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