New Mexico Statutes
Article 10 - Osteopathic Medicine
Section 61-10-15.1 - Licensure; summary suspension; summary restriction; grounds. (Repealed effective July 1, 2022.)

A. The board may suspend or restrict a license to practice osteopathic medicine in New Mexico issued by the board without a hearing, simultaneously or at any time after the initiation of proceedings for a hearing provided pursuant to the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], if the board finds that evidence in its possession indicates that the licensee:
(1) poses a clear and immediate danger to the public health and safety if the licensee continues to practice;
(2) has been adjudged mentally incompetent by a final order or adjudication by a court of competent jurisdiction;
(3) has pled guilty to or has been found guilty of any offense relating to the practice of osteopathic medicine or any violent criminal offense in this state or a substantially equivalent criminal offense in another jurisdiction; or
(4) uses conversion therapy on a minor.
B. A licensee shall not be required to comply with a summary suspension or restriction of a license until notice has been served in accordance with procedures established in board rules or the licensee has actual knowledge of an order of suspension or restriction, whichever occurs first.
C. A licensee whose license is suspended or restricted pursuant to this section shall be entitled to a hearing before the board pursuant to the Uniform Licensing Act within fifteen days from the date the licensee requests a hearing.
D. As used in this section:
(1) "conversion therapy" means any practice or treatment that seeks to change a person's sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same sex. "Conversion therapy" does not mean:
(a) counseling or mental health services that provide acceptance, support and understanding of a person without seeking to change gender identity or sexual orientation; or
(b) mental health services that facilitate a person's coping, social support, sexual orientation or gender identity exploration and development, including an intervention to prevent or address unlawful conduct or unsafe sexual practices, without seeking to change gender identity or sexual orientation;
(2) "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth;
(3) "minor" means a person under eighteen years of age; and
(4) "sexual orientation" means heterosexuality, homosexuality or bisexuality, whether actual or perceived.
History: Laws 2016, ch. 90, § 20; 2017, ch. 132, § 6.
Delayed repeals — Laws 2021, ch. 54, § 49 repealed 61-10-15.1 NMSA 1978, effective July 1, 2022.
The 2017 amendment, effective June 16, 2017, prohibited the use of conversion therapy on a minor, provided that the board of osteopathic medicine may suspend or restrict a license issued by the board if the licensee uses conversion therapy on a minor, and defined certain terms as used in this section; in Subsection A, added Paragraph A(4); and added Subsection D.