TITLE
16 OCCUPATIONAL AND
PROFESSIONAL LICENSING
CHAPTER 17 OSTEOPATHIC
MEDICINE
PART 5 REVOCATION
OR REFUSAL OF LICENSURE
16.17.5.1 ISSUING AGENCY:
Regulation and Licensing Department - New Mexico Board
of Osteopathic Medicine.
[16.17.5.1 NMAC - N, 6-11-2018]
16.17.5.2 SCOPE:
All licensed osteopathic physicians.
[16.17.5.2 NMAC - N, 6-11-2018]
16.17.5.3 STATUTORY
AUTHORITY: These rules of practice and procedure govern
the practice of osteopathic medicine in New Mexico and are promulgated pursuant
to and in accordance with the Osteopathic Medicine Act, Sections 61-10-5 NMSA
1978.
[16.17.5.3 NMAC - N, 6-11-2018]
16.17.5.4 DURATION:
Permanent.
[16.17.5.4 NMAC - N, 6-11-2018]
16.17.5.5 EFFECTIVE
DATE: June 11, 2018, unless a later date is cited
at the end of a section.
[16.17.5.5 NMAC - N, 6-11-2018]
16.17.5.6 OBJECTIVE:
To establish causes for revoking, refusing, or suspending a license to
practice osteopathic medicine in New Mexico.
[16.17.5.6 NMAC - N, 6-11-2018]
16.17.5.7 DEFINITIONS:
[Reserved]
[16.17.5.7 NMAC - N, 6-11-2018]
16.17.5.8 REVOCATION
OR REFUSAL OF LICENSE:
A. Causes for refusal or revocation of
license. The board may either refuse to
issue or may suspend or revoke any license for any one or more of the following
causes, whether committed in the state of New Mexico or elsewhere:
(1) conviction
of a felony, as evidenced by a certified copy of the record of the court
issuing conviction;
(2) obtaining or
attempting to obtain a license by fraudulent misrepresentation, or practicing
in the profession by fraudulent misrepresentation;
(3) gross malpractice which means gross
and flagrantly improper treatment of a patient, or such culpable neglect of a
patient as to indicate a willful act or injury to the patient; gross
malpractice also means such incompetence on the part of the practitioner as to
render him unfit to hold himself out to the public as a licensed osteopathic
physician and surgeon; gross malpractice shall also consist of performing,
aiding, or abetting the performance of any act or operation upon or on behalf
of a patient expressly forbidden by state and federal penal laws, such as
criminal operations, dispensing and prescribing of narcotics;
(4) advertising,
practicing, or attempting to practice under a name other than one's own;
(5) habitual or
excessive use or abuse of drugs or alcohol;
(6) immoral,
dishonorable or unprofessional conduct.
B. Dishonorable and unprofessional
conduct shall include but shall not be limited to the following:
(1) willful
violation of the code of ethics of the American osteopathic association;
(2) aiding
unlicensed persons to practice medicine and surgery in the state of New Mexico;
(3) violation of
the law pertaining to dangerous drugs, narcotics, or intoxicating liquors;
(4) the
commission of any act involving moral turpitude; moral turpitude includes any
act contrary to justice, honesty, modesty or good morals;
(5) incompetency to act as an osteopathic
physician and surgeon; failure to possess and or exercise the requisite degree
of skill, learning, and care commonly possessed by osteopathic physicians and
surgeons in the state of New Mexico or the rendering of treatment to patients
in a manner contrary to accepted rules;
(6) the performance of any act or
omission which tends to degrade or place the physician and the osteopathic
profession in bad public repute where the act or omission is contrary to the
professional standards which an osteopathic physician and surgeon assumes;
(7) the unlawful
use of the name "doctor of medicine" or its initials or emblems,
either orally or otherwise;
(8) willful
failure to comply with regulations of the department of health or the
regulations of this board;
(9) continuing
to practice while knowingly having an infectious or contagious disease;
[16.17.5.8 NMAC - N, 6-11-2018]
16.17.5.9 SUMMARY SUSPENSION: This is a formal preliminary disciplinary
action that immediately suspends a licensee’s right to practice osteopathic
medicine. The summary suspension remains
in effect until a further order of the board is entered. The licensee has an opportunity for a full
hearing before the board regarding the summary suspension.
A. The board may summarily suspend or
restrict a license issued by the board without hearing, simultaneously with, or
at any time after, the issuance of a notice of contemplated action and the
initiation of proceedings for a hearing provided for under the Uniform
Licensing Act, 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;
(3) has pled guilty to or been found
guilty of any offense related to their practice or for any violent criminal
offense in this state or a substantially equivalent criminal offense in another
jurisdiction; or
(4) uses
conversion therapy on a minor.
B. A licensee is not required to comply
with a summary action until service of the action has been made personally or
by certified mail, return receipt requested, to the licensee’s last known
address as shown in the board’s records, or until the licensee has actual
knowledge of the order of suspension or restriction, whichever occurs first. The board’s chair may sign a summary
suspension order that the board has authorized.
C. A licensee whose license is
summarily suspended is entitled to a hearing before the board on the summary
suspension order, pursuant to the Uniform Licensing Act, within 15 days from
the date the licensee requests a hearing.
The hearing request shall be in writing, addressed to the board, and
delivered by certified mail, return receipt requested.
[16.17.5.9 NMAC - N, 6-11-2018]
HISTORY
OF 16.17.5 NMAC:
Pre-NMAC
History: The material in this part was derived from
that previously filed with the state records center and archives:
BOSE
69-1, Practice Guide for Osteopathic Physicians and Surgeons in New Mexico,
filed 06-05-69.
Rule 8,
Revocation or Refusal of License, filed 12-07-88.
History
of Repealed Material: Rule 8, Revocation or Refusal
of License (filed 12-07-88) repealed 10-29-2004.
16.17.5
NMAC, Prescribing and Distribution of Controlled Substances, repealed effective
6-11-2018.
Other
History:
Rule 8,
Revocation or Refusal of License (filed 12-07-88) replaced by 16.17.6 NMAC,
Revocation or Refusal of License, effective 10-29-2004.