The attorney general, the prosecuting attorney, the board or any citizen of any county where any person engages in the practice of medicine as defined by the laws of New Mexico without possessing a valid license to do so may, in accordance with the laws of the state governing injunctions, maintain an action in the name of the state to enjoin such person from engaging in the practice of medicine until a valid license to practice medicine is secured from the board. Any person who has been so enjoined who violates the injunction shall be punished for contempt of court. Provided, however, the injunction shall not relieve the person practicing medicine without a valid license from criminal prosecution therefor as provided by law, but such remedy by injunction shall be in addition to any remedy now provided for criminal prosecution of such offender. In charging any person in a petition for injunction or in an information or indictment with a violation of law by practicing medicine without a valid license, it is sufficient to charge that the person did, on a certain day and in a certain county, engage in the practice of medicine without having a valid license without alleging any further or more particular facts.
History: 1953 Comp., § 67-5-15; Laws 1969, ch. 46, § 10; 1978 Comp., § 61-6-21, recompiled as § 61-6-22 by Laws 1989, ch. 269, § 18.
Repeals. — Laws 1989, ch. 269, § 32 repealed former 61-6-22 NMSA 1978, as amended by Laws 1987, ch. 204, § 1, relating to annual registration fees, effective July 1, 1989. For present comparable provisions, see 61-6-19 NMSA 1978.
Cross references. — For penalty for practicing medicine without a license, see 61-6-18 NMSA 1978.
For injunctions, see Rules 1-065 and 1-066 NMRA.
The 1989 amendment, effective July 1, 1989, renumbered this section which formerly was 61-6-21 NMSA 1978, corrected a misspelling in the section heading, substituted "the board" for "the board of medical examiners" in two places in the first sentence, and made numerous minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons, and Other Healers § 122.
43A C.J.S. Injunctions § 242.
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.