New Mexico Register / Volume XVII, Number 24 / December 29, 2006

This is an amendment to 16.10.8 NMAC, Sections 1 and 8, Effective January 10, 2007.

16.10.8.1 ISSUING AGENCY: [New Mexico Board of Medical Examiners,] New Mexico Medical Board, hereafter called the board.

[16.10.8.1 NMAC - Rp 16 NMAC 10.8.1, 7/15/01; A, 1/10/07]

16.10.8.8 Unprofessional or Dishonorable Conduct. As defined in the Medical Practice Act, Section 61-6-15,D,(29), “unprofessional or dishonorable conduct” includes, but is not limited to, the following:

A. practicing medicine without an active license;

B. sexual misconduct, including sexual contact with patient surrogates, such as parents and legal guardians, that occurs concurrently with the physician-patient relationship;

C. violating a narcotic or drug law;

D. excessive prescribing or administering of drugs;

E. excessive treatment of patients;

F. impersonating an applicant in an examination or at a board interview;

G. making or signing false documents;

H. dishonesty;

I. deceptive or anonymous advertising;

J. improper use of a fictitious name;

K. violation of a term of a stipulation; or

L. prescribing drugs or medical supplies to a patient when there is no established physician-patient relationship, which would include at a minimum an adequate history and physical examination and informed consent;

(1) except for on-call physicians and physician assistants; and

(2) except for the provision of treatment for partners of patients with sexually transmitted diseases when this treatment is conducted in accordance with the expedited partner therapy guidelines and protocol published by the New Mexico department of health.

[16.10.8.8 NMAC - Rp 16 NMAC 10.8.8, 7/15/01; A, 1/10/07]