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NEW MEXICO RULES DEFINING MEDICAL ETHICS

16.10.8 NMAC 1

TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 10 MEDICINE AND SURGERY PRACTITIONERS

PART 8 MEDICAL ETHICS

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, except for on-call physicians and physician assistants.

[16.10.8.8 NMAC – Rp 16 NMAC 10.8.8, 7/15/01]

16.10.8.9 DETERMINATION OF MEDICAL ETHICS

A. The board adopts the ethical standards set forth in the latest published version of the “Code of Medical Ethics Current Opinions with Annotations of the Council on Ethical and Judicial Affairs of the American Medial Association “ or its successor publication (“Code of Medical Ethics”).

B. The board reserves the right to impose discipline for breaches of medical ethics which may not be addressed in the “Code of Medical Ethics”, but which are nevertheless sufficiently serious to bring the offending conduct within the meaning of Section 61-6-15,D,(29) NMSA 1978.

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