A. In the event any osteopathic physician or osteopathic physician assistant licensed to practice osteopathic medicine in New Mexico fails to comply with the requirements of Section 61-10-19 NMSA 1978, the licensee shall, upon order of the board, forfeit the licensee's right to practice osteopathic medicine in this state and the licensee's license and certificate shall be canceled; provided, however, that the chair of the board may reinstate the licensee upon the payment of all fees due and upon the presentation of satisfactory evidence of the attendance at an educational program as provided for in the Osteopathic Medicine Act.
B. It is further provided that any osteopathic physician or osteopathic physician assistant licensed to practice osteopathic medicine in New Mexico desiring to withdraw from the active practice of osteopathic medicine in this state shall have the right to apply to the chair of the board for a temporary suspension of the licensee's certificate to practice osteopathic medicine in this state, with the right to renew and reinstate the certificate if the licensee so desires, upon a showing that the licensee has paid the appropriate fees on or before July 1 of the year in which the license is due for renewal.
History: 1941 Comp., § 51-818, enacted by Laws 1945, ch. 79, § 7; 1953, ch. 101, § 3; 1953 Comp., § 67-8-18; Laws 1971, ch. 140, § 3; 1975, ch. 296, § 15; 1989, ch. 371, § 7; 2016, ch. 90, § 17.
Delayed repeals. — Laws 2021, ch. 54, § 49 repealed 61-10-21 NMSA 1978, effective July 1, 2022.
The 2016 amendment, effective July 1, 2016, clarified that the provisions of the section apply to osteopathic physicians and osteopathic physician assistants, and replaced "secretary" with "chair" of the board of osteopathic medicine; in Subsection A, after "In the event any", deleted "licensee" and added "osteopathic physician or osteopathic physician assistant licensed to practice osteopathic medicine in New Mexico", after "NMSA 1978", deleted "he" and added "the licensee", after "order of the board", deleted "of osteopathic medical examiners", after "forfeit", deleted "his" and added "the licensee's", after "in this state and", deleted "his" and added "the licensee's", after "however, that the", deleted "secretary" and added "chair", after "reinstate", deleted "him" and added "the licensee", and after "as provided for in", deleted "Chapter 61, Article 10 NMSA 1978" and added "the Osteopathic Medicine Act"; and in Subsection B, after "provided that any", deleted "person" and added "osteopathic physician or osteopathic physician assistant", after "active practice of", deleted "his profession" and added "osteopathic medicine", after "right to apply to the", deleted "secretary" and added "chair", after "of the board", deleted "of osteopathic medical examiners", after "temporary suspension of", deleted "his" and added "the licensee's", after "renew and reinstate", deleted "his" and added "the", after "certificate if", deleted "he" and added "the licensee", after "July 1 of", deleted "each" and added "the", and after "year", added "in which the license is due for renewal".
The 1989 amendment, effective June 16, 1989, added the subsection designations; in Subsection A, substituted "61-10-19 NMSA 1978" for "67-8-17.1 NMSA 1953" near the beginning of the subsection, and substituted "Chapter 61, Article 10 NMSA 1978" for "this act" at the end of the subsection; substituted all of the present language of Subsection B following "paid" for "his license fee of twenty-five dollars ($25.00) on or before the first day of July of each year, and during the temporary suspension of such certificate, such licensee shall not be required to comply with the provisions of Sections 67-8-17.1 and 67-8-17.2 NMSA 1953 concerning attendance at educational meetings, providing the temporary suspension shall not be granted for a lesser period of time than one year"; and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 74 to 79.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 42, 52.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 10 - Osteopathic Medicine
Section 61-10-1.1 - Short title. (Repealed effective July 1, 2022.)
Section 61-10-1.2 - Definitions. (Repealed effective July 1, 2022.)
Section 61-10-2 - Criminal offender's character evaluation. (Repealed effective July 1, 2022.)
Section 61-10-3 - License. (Repealed effective July 1, 2022.)
Section 61-10-4 - Other schools not affected. (Repealed effective July 1, 2022.)
Section 61-10-5.1 - Board communication; protected actions. (Repealed effective July 1, 2022.)
Section 61-10-6 - Licensure; requirements. (Repealed effective July 1, 2022.)
Section 61-10-6.1 - Fees. (Repealed effective July 1, 2022.)
Section 61-10-7 - Temporary license; qualifications. (Repealed effective July 1, 2022.)
Section 61-10-8 - Professional education. (Repealed effective July 1, 2022.)
Section 61-10-10 - Examination. (Repealed effective July 1, 2022.)
Section 61-10-11 - License issued. (Repealed effective July 1, 2022.)
Section 61-10-11.1 - Telemedicine license. (Repealed effective July 1, 2022.)
Section 61-10-11.5 - Responsibility. (Repealed effective July 1, 2022.)
Section 61-10-12 - License without examination. (Repealed effective July 1, 2022.)
Section 61-10-15 - Refusal and revocation of license. (Repealed effective July 1, 2022.)
Section 61-10-16 - Penalties. (Repealed effective July 1, 2022.)
Section 61-10-16.1 - Practicing without license; penalty. (Repealed effective July 1, 2022.)
Section 61-10-17 - Records. (Repealed effective July 1, 2022.)
Section 61-10-19 - Renewal of license; certificate; fee. (Repealed effective July 1, 2022.)
Section 61-10-20 - Post-graduate educational requirements. (Repealed effective July 1, 2022.)
Section 61-10-21 - Failure to comply; cancellation of license; reinstatement; temporary cancellation at licensee's request. (Repealed effective July 1, 2022.)
Section 61-10-22 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2022.)