New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 10 - MEDICINE AND SURGERY PRACTITIONERS
Part 10 - REPORT OF SETTLEMENTS, JUDGMENTS, ADVERSE ACTIONS AND CREDENTIALING DISCREPANCIES
Section 16.10.10.14 - REPORTING IMPAIRED, INCOMPETENT, DISRUPTIVE OR UNETHICAL COLLEAGUES

A. Consistent with 16.10.8.9 NMAC (adopting the ethical standards of the American medical association), licensees and applicants having a good faith basis for believing that the public health and safety may be at risk must report impaired, incompetent, disruptive and unethical colleagues, including specifically other licensees and applicants. "Impaired" means any condition affecting the ability to engage safely and effectively in professional activities. "Incompetent" includes practices or conduct creating the potential for harm, whether or not harm has resulted. "Unethical" includes, but is not limited to corrupt, dishonest or illegal actions.

B. The duty to report imposed by this section does not limit or replace the duty to report to other organizations or entities, including law enforcement.

C. Reports under this section may be made anonymously, but must include sufficient information to allow investigation by the board.

D. Reports made under this section will be held in confidence in the same manner as all investigations by the board.

E. Specifically exempt from the reporting requirements contained in this section are "peer review" communications protected by law.

F. The submission of a false or malicious report under this section constitutes unethical conduct subject to disciplinary action.