New Mexico Statutes
Article 10 - Osteopathic Medicine
Section 61-10-15 - Refusal and revocation of license. (Repealed effective July 1, 2022.)

A. Upon satisfactory proof being made to the board that an applicant for or holder of a license to practice osteopathic medicine has been guilty of unprofessional or dishonorable conduct, the board may:
(1) refuse to issue a license to an applicant;
(2) revoke or suspend a license; or
(3) fine, censure or reprimand a licensee.
B. The board may, in its discretion and for good cause shown, place a licensee on probation on the terms and conditions it deems proper for protection of the public or for the purpose of rehabilitation of the probationer, or both. Upon expiration of the term of probation, if a term is set, the board may abate further proceedings if the licensee furnishes the board with evidence that the licensee is competent to practice and has complied with the terms of probation.
C. If evidence fails to establish to the satisfaction of the board that the licensee is competent or if evidence shows that the licensee has not complied with the terms of probation, the board may revoke or suspend the licensee's license. If the board suspends a license, the licensee shall not practice during the term of suspension. A licensee whose license has been revoked or is in suspension and who thereafter practices or attempts or offers to practice in the state is guilty of a fourth degree felony and shall be sentenced under the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978] 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, unless:
(1) the period of suspension has expired;
(2) the board has modified the suspension to permit the practice of osteopathic medicine; or
(3) the board has reinstated the license.
D. The board shall not refuse to issue or renew a license nor shall it suspend or revoke a license for unprofessional or dishonorable conduct unless the person accused has been provided:
(1) at least twenty days' notice in writing of the charge against that person; and
(2) a public hearing by the board, with right of review of the board's decision by the district court of the first judicial district by certiorari, on petition of the party against whom the board's decision is rendered.
E. The board may compel the attendance of witnesses and the production of relevant books and papers for the investigation of matters that may come before it, and the presiding officer of the board may administer the requisite oaths. The board has the same authority to compel the giving of testimony that is conferred on courts of justice.
F. As used in this section:
(1) "fee splitting" means offering, delivering, receiving or accepting any unearned rebate, refund, commission preference, patronage dividend, discount or other unearned consideration, whether in the form of money or otherwise, as compensation or inducement for referring patients, clients or customers to a person or organization, irrespective of any membership, proprietary interest or co-ownership in or with a person to whom the patients, clients or customers are referred; and
(2) "unprofessional or dishonorable conduct" means conduct that the board has proscribed by rule and includes the following conduct of a licensee:
(a) procuring, aiding or abetting an illegal procedure;
(b) employing a person to solicit patients for the licensee;
(c) representing to a patient that a manifestly incurable condition of sickness, disease or injury can be cured;
(d) obtaining a fee by fraud or misrepresentation;
(e) willfully or negligently divulging a professional confidence;
(f) conviction of an offense punishable by incarceration in a state penitentiary or federal prison or conviction of a misdemeanor associated with the practice of the licensee. A copy of the record of conviction, certified by the clerk of the court entering the conviction, is conclusive evidence of conviction;
(g) habitual or excessive use of intoxicants or drugs;
(h) fraud or misrepresentation in applying for or procuring a license to practice in this state or in connection with applying for or procuring renewal, including cheating on or attempting to subvert a licensing examination;
(i) making false or misleading statements regarding the skill of the licensee or the efficacy or value of the medicine, treatment or remedy prescribed or administered by the licensee or at the direction of the licensee in the treatment of a disease or other condition of the human body or mind;
(j) impersonating another licensee, permitting or allowing a person to use the license of the licensee or practicing as a licensee under a false or assumed name;
(k) aiding or abetting the practice of a person not licensed by the board;
(l) gross negligence in the practice of a licensee;
(m) manifest incapacity or incompetence to practice as a licensee;
(n) discipline imposed on a licensee by another state, including denial, probation, suspension or revocation, based upon acts by the licensee similar to acts described in this section. A certified copy of the record of suspension or revocation of the state making the suspension or revocation is conclusive evidence;
(o) the use of a false, fraudulent or deceptive statement in a document connected with the practice of a licensee;
(p) fee splitting;
(q) the prescribing, administering or dispensing of narcotic, stimulant or hypnotic drugs for other than accepted therapeutic purposes;
(r) conduct likely to deceive, defraud or harm the public;
(s) repeated similar negligent acts;
(t) employing abusive billing practices;
(u) failure to report to the board any adverse action taken against the licensee by: 1) another licensing jurisdiction; 2) a peer review body; 3) a health care entity; 4) a professional or medical society or association; 5) a governmental agency; 6) a law enforcement agency; or 7) a court for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action;
(v) failure to report to the board surrender of a license or other authorization to practice in another state or jurisdiction or surrender of membership on any medical staff or in any medical or professional association or society following, in lieu of and while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action;
(w) failure to furnish the board, its investigators or representatives with information requested by the board;
(x) abandonment of a patient;
(y) being found mentally incompetent by a court of competent jurisdiction;
(z) injudicious prescribing, administering or dispensing of a drug or medicine;
(aa) failure to adequately supervise, as provided by board rule, an osteopathic physician or osteopathic physician assistant;
(bb) sexual contact with a patient or person who has authority to make medical decisions for a patient, other than the spouse of the licensee;
(cc) conduct unbecoming in a person licensed to practice or detrimental to the best interests of the public;
(dd) the surrender of a license or withdrawal of an application for a license before another state licensing board while an investigation or disciplinary action is pending before that board for acts or conduct similar to acts or conduct that would constitute grounds for action pursuant to this section;
(ee) sexual contact with a former patient of the licensee, other than the spouse of the licensee, within one year from the end of treatment;
(ff) sexual contact with a patient when the licensee uses or exploits treatment, knowledge, emotions or influence derived from the previous professional relationship;
(gg) improper management of medical records, including failure to maintain timely, accurate, legible and complete medical records;
(hh) failure to provide pertinent and necessary medical records to another health care practitioner, to the patient of the osteopathic physician or to any other person in a timely manner when legally requested or authorized to do so by the patient or by a legally designated representative of the patient;
(ii) interaction with osteopathic physicians, hospital personnel, patients, family members or others that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; or
(jj) willfully or negligently divulging privileged information or a professional secret.
History: Laws 1933, ch. 117, § 13; 1941 Comp., § 51-813; Laws 1945, ch. 79, § 5; 1953 Comp., § 67-8-13; Laws 1975, ch. 296, § 11; repealed and reenacted by Laws 2016, ch. 90, § 12.
Delayed repeals. — Laws 2021, ch. 54, § 49 repealed 61-10-15 NMSA 1978, effective July 1, 2022.
Repeals and reenactments. — Laws 2016, ch. 90, § 12 repealed former 61-10-15 NMSA 1978, and enacted a new section, effective July 1, 2016.
Cross references. — For Impaired Health Care Provider Act, see 61-7-1 NMSA 1978 et seq.
For incorporation of osteopaths under the Professional Corporation Act, see 53-6-1 NMSA 1978 et seq.
For subpoenas in district court, see Rule 1-045 NMRA.
Equal protection. — Since foreign-trained physicians who have not earned an M.D. degree may be licensed by the board of medical examiners and list themselves under the heading "Physicians and Surgeons, M.D." in the telephone directory, the board of osteopathic examiners would be violating the equal protection rights of osteopathic physicians by prohibiting them from listing themselves under that heading; insofar as Subsection E of this section would do so, is unconstitutional. 1974 Op. Att'y Gen. No. 74-21.
Deceptive phone listing. — Osteopathic physicians who were listed in the telephone directory yellow pages under the heading "Physicians and Surgeons, M.D." without using a degree designation and without giving an indication that they were osteopathic physicians were violating Subsection E of this section. 1974 Op. Att'y Gen. No. 74-21.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 51, 52, 74 to 120.
Refusal of license because of suspicion of intended violation of its conditions, 27 A.L.R. 325.
Disqualification for bias or interest of member of occupation or profession sitting in license revocation proceeding, 97 A.L.R.2d 1210.
Physician's or other healer's conduct in connection with defense of or resistance to malpractice action as ground for revocation of license or other disciplinary action, 44 A.L.R.4th 248.
Rights as to notice and hearing in proceeding to revoke or suspend license to practice medicine, 10 A.L.R.5th 1.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 24, 38 to 50, 53 to 57.