New Mexico Statutes
Article 8 - Podiatry
Section 61-8-13 - Unprofessional conduct; exceptions. (Repealed effective July 1, 2024.)

A. Unprofessional conduct pursuant to Subsection H of Section 61-8-11 NMSA 1978 for any podiatrist licensed under the Podiatry Act includes using any false or misleading advertising or making any false or misleading statement in communications with patients or potential patients or using any misleading or deceptive title or designation in a name or title of a podiatric practice.
B. Nothing in Subsection A of this section shall be construed to prohibit the following acts:
(1) publishing in type of ordinary size and style, as opposed to bold or display type, the name, location, office hours and telephone number of any licensed practicing podiatrist in any telephone directory;
(2) publishing for a period of not more than ten consecutive days an announcement that the practitioner is opening a new office or practice, providing that the announcement shall be published within thirty days after the opening and shall state only the practitioner's name, location, office hours, telephone number, occupation and the fact of the opening and shall be of a size not to exceed two inches in length and four inches in width and of a type size not heavier nor larger than twelve point gothic with a border not larger than four points;
(3) mailing one notice of the opening of a new practice or a notice of the assumption of an established practice consisting of a printed announcement which shall be in an envelope and shall state only the practitioner's name, location, telephone number, office hours and the designation "podiatrist", "foot specialist" or "practice limited to care of feet" and the usual language announcing the opening of an office;
(4) maintaining exterior signs about the office of the practitioner, in keeping with the medical and dental community, giving his name, address and occupation. The letters shall be no larger than six inches in height, but neon lights, flashing lights or similar devices shall not be used; and
(5) conducting, in conjunction with a majority of the practicing podiatrists of the state or of a given city, a public educational program or informational campaign.
History: 1953 Comp., § 67-6-13, enacted by Laws 1977, ch. 221, § 13; 1998, ch. 24, § 14.
Delayed repeals. — For delayed repeal of this section, see 61-8-17 NMSA 1978.
Cross references. — For incorporation of podiatrists under the Professional Corporation Act, see 53-6-1 NMSA 1978 et seq.
The 1998 amendment, effective July 1, 1998, rewrote Subsection A; in Paragraph B(2), substituted "the" for "such" and deleted "his" preceding "occupation"; and deleted "provided that such program or campaign is approved and endorsed by the state society and done in the name of the society" at the end of Paragraph B(5).
Listing of association. — A listing in a telephone book of an association to practice podiatry was not advertising and did not violate former podiatry act. 1973 Op. Att'y Gen. No. 73-04.
Podiatrist may not advertise in telephone book as a "foot clinic". 1968 Op. Att'y Gen. No. 68-45.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 87, 89, 141 to 143.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 39, 53 to 57.