A. A suspension under Paragraph (25) of Subsection D of Section 61-6-15 NMSA 1978 may, in the discretion of the board, be terminated, but the suspension shall continue and the board shall not restore to the former practitioner the privilege to practice medicine in this state until:
(1) the board receives competent evidence that the former practitioner is not mentally ill; and
(2) the board is satisfied, in the exercise of its discretion and with due regard for the public interest, that the practitioner's former privilege to practice medicine may be safely restored.
B. If the board, in the exercise of its discretion, determines that the practitioner's former privilege to practice medicine may be safely restored, it may restore the privilege upon whatever terms and conditions it deems advisable. If the practitioner fails, refuses or neglects to abide by the terms and conditions, the practitioner's license to practice medicine may, in the discretion of the board, be again suspended indefinitely.
History: 1953 Comp., § 67-5-26, enacted by Laws 1961, ch. 130, § 3; 1978 Comp., § 61-6-31, recompiled as § 61-6-32 by Laws 1989, ch. 269, § 28; 2021, ch. 54, § 45.
Recompilations. — Laws 1989, ch. 269, § 31 recompiled former 61-6-32 NMSA 1978, relating to termination of agency life, as 61-6-35 NMSA 1978, effective July 1, 1989.
Laws 2014, ch. 44, § 1 repealed 61-6-35 NMSA 1978 effective May 21, 2014.
The 2021 amendment, effective June 18, 2021, removed "surgery" from the provisions of the section; in Subsection A, after "practice medicine", deleted "and surgery", and in Paragraph A(2), after "privilege to practice medicine", deleted "and surgery".
The 1989 amendment, effective July 1, 1989, renumbered this section, which formerly was 61-6-31 NMSA 1978; added the catchline; designated the formerly undesignated introductory paragraph as Subsection A, substituting therein "under Paragraph (25) of Subsection D of Section 61-6-15 NMSA 1978" for "under Section 1 of this act"; redesignated former Subsections A and B as present Subsections A(1) and A(2), respectively, and former Subsection C as present Subsection B, deleting "and surgery" following "medicine" in both sentences therein; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 52.
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.