2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 13 - Nursing Home Administrators › Section 61-13-13 - Refusal, suspension or revocation of license. (Repealed effective July 1, 2026.)

The board may refuse to issue or renew, or may suspend or revoke, any license in accordance with the procedures contained in the Uniform Licensing Act [61-1-1 through 61-1-31 NMSA 1978], on the grounds that the licensee or applicant:
A. is guilty of fraud or deceit in procuring or attempting to procure or renew a license to practice as a nursing home administrator;
B. is convicted of a felony;
C. is guilty of gross incompetence;
D. is habitually intemperate or is addicted to the use of habit-forming drugs or is addicted to any vice to such a degree as to render him unfit to practice as a nursing home administrator;
E. is guilty of failing to comply with any of the provisions of the Nursing Home Administrators Act or any rules or regulations of the board adopted and filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978];
F. has been declared mentally incompetent by regularly constituted authorities; provided that the revocation shall only be in effect during the period of such incompetency; or
G. is guilty of conduct that substantially deviates from reasonable standards of acceptable practice of nursing home administration, including but not limited to the following:
(1) he has been convicted of a misdemeanor substantially relating to the practice of nursing home administration;
(2) he has been found by a court of law, the board, an agency responsible for the certification and licensure of nursing homes, a state medicaid fraud and abuse unit or any other duly recognized state agency to be responsible for the neglect or abuse of nursing home residents or the misappropriation of their personal funds or property;
(3) he has been found by a state nursing home licensing board, an agency responsible for the certification and licensure of nursing homes or any other duly recognized state agency as responsible for substandard care in a nursing home;
(4) he has been found to have falsified records related to the residents or employees of a nursing home on the basis of race, religion, color, national origin, sex, age or handicap in violation of federal or state laws; or
(5) he has had a license revoked, suspended or denied by another state for any of the reasons contained in this section.
History:
1953 Comp., § 67-37-12, enacted by Laws 1970, ch. 61, § 12; 1993, ch. 245, § 8; 1997, ch. 267, § 4.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-13-17 NMSA 1978.
Cross references.
— For Mental Health and Developmental Disabilities Code,
see
43-1-1 NMSA 1978 et seq.
The 1997 amendment,
effective June 20, 1997, inserted "or renew" in the introductory paragraph and Subsection A; rewrote the introductory paragraph of Subsection G; and made stylistic changes.
The 1993 amendment,
effective June 18, 1993, added Subsection G and made related grammatical changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits §§ 58 to 62.
Bias of members of license revocation board, 97 A.L.R.2d 1210.
53 C.J.S. Licenses §§ 50 to 53.