A. The board may summarily suspend or restrict a license issued by the board without a hearing, simultaneously with or at any time after the initiation of proceedings for a hearing provided under 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; or
(3) has pled guilty to or been found guilty of any offense related to the practice of medicine or for any violent criminal offense in this state or a substantially equivalent criminal offense in another jurisdiction.
B. A licensee is not required to comply with a summary action until service has been made or the licensee has actual knowledge of the order, whichever occurs first.
C. A person whose license is suspended or restricted under this section is entitled to a hearing by the board pursuant to the Uniform Licensing Act within fifteen days from the date the licensee requests a hearing.
History: Laws 2008, ch. 74, § 1.
Effective dates. — Laws 2008, ch. 74 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 14, 2008, 90 days after the adjournment of the legislature.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 6 - Medicine and Surgery
Section 61-6-1 - Short title; purpose.
Section 61-6-2 - New Mexico medical board; appointment; terms; qualifications.
Section 61-6-3 - Meetings of the board; quorum.
Section 61-6-4 - Election; duties of officers; reimbursement of board members.
Section 61-6-5 - Duties and powers.
Section 61-6-7.1 - Definitions.
Section 61-6-7.2 - Inactive license.
Section 61-6-7.3 - Exemption from licensure.
Section 61-6-8 to 61-6-8.1 - Repealed.
Section 61-6-9 - Physician assistants; rules.
Section 61-6-10 - Supervising or collaborating licensed physician; responsibility.
Section 61-6-10.1 - Short title.
Section 61-6-10.2 - Definitions.
Section 61-6-10.2 - Definitions. (Effective July 1, 2025.)
Section 61-6-10.3 - Licensure; registration; anesthesiologist assistant; scope of authority.
Section 61-6-10.4 - Annual registration of employment; employment change.
Section 61-6-10.6 - Inactive license.
Section 61-6-10.7 - Exemption from licensure.
Section 61-6-10.10 - Supervising anesthesiologist; responsibilities.
Section 61-6-11 - Physician licensure.
Section 61-6-11.1 - Telemedicine license.
Section 61-6-12 - Criminal offender's character evaluation.
Section 61-6-13 - Physician licensure by endorsement.
Section 61-6-15.1 - Summary suspension or restriction of license.
Section 61-6-17 - Exceptions to act.
Section 61-6-18 - Medical students; interns; residents; fellows.
Section 61-6-18.1 - Public service license.
Section 61-6-20 - Practicing without license; penalty.
Section 61-6-21 - Continuing medical education; penalty.
Section 61-6-22 - Injunction to prevent practice without a license.
Section 61-6-23 - Investigation; subpoena.
Section 61-6-24 - Limitations on actions.
Section 61-6-25 - False statement; penalty.
Section 61-6-26 - Triennial renewal fees; penalty for failure to renew license.
Section 61-6-27 - Issuance and display of renewal certificate.
Section 61-6-28 - Licensed physicians; changing location.
Section 61-6-30 - Restoration of good standing; fees and other requirements.
Section 61-6-31 - Disposition of funds; New Mexico medical board fund created; method of payments.
Section 61-6-31.1 - Board of medical examiners [New Mexico medical board] fund; authorized use.
Section 61-6-33 - Licensure status.