2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6 - Medicine and Surgery › Section 61-6-30 - Restoration of good standing; fees and other requirements.

A. Before restoring to good standing a license that has been in a revoked, suspended or inactive status for any cause for more than two years, the board may require the applicant to pass an oral or written examination, or both, to determine the current fitness and competence of the applicant to resume practice and may impose terms, conditions or restrictions in its discretion.
B. The authority of the board to impose terms, conditions or restrictions includes, but is not limited to, the following:
(1) requiring the applicant to obtain additional training and to pass an examination upon completion of such training; or
(2) restricting or limiting the extent, scope or type of practice of the applicant.
C. The board shall also consider the moral background and the activities of the applicant during the period of suspension or inactivity.
D. If the board in its discretion determines that the applicant is qualified to be reissued a license in good standing, the applicant shall pay to the board a reinstatement fee.
History:
1953 Comp., § 67-5-21; Laws 1969, ch. 46, § 15; 1978 Comp., § 61-6-26, recompiled as § 61-6-30 by Laws 1989, ch. 269, § 26; 2003, ch. 19, § 25; 2021, ch. 54, § 43.
ANNOTATIONS
Repeals.
— Laws 1989, ch. 269, § 32 repealed former 61-6-30 NMSA 1978, as enacted by Laws 1961, ch. 130, § 2, relating to clerk of court's order of commitment establishing mental illness of licensee, effective July 1, 1989.
The 2021 amendment,
effective June 18, 2021, authorized the New Mexico medical board to require an oral or written examination to determine the competency as well as current fitness of an applicant seeking restoration of the applicant's license, and authorized the board, in its discretion, to impose terms and restrictions on an applicant seeking restoration of the applicant's license; in Subsection A, after "current fitness", added "and competence", after "impose", added "terms", and after "conditions", added "or restrictions"; and in Subsection B, after "conditions", added "or restrictions".
The 2003 amendment,
effective June 20, 2003, deleted "for delinquent registrants" in the section heading; in Subsection A, substituted "that" for "or certificate of registration which" following "standing a license", substituted "the current fitness of the applicant" for "his present fitness" following "both, to determine"; in Subsection D, deleted "or certificate of registration" following "reissued a license", and substituted "shall pay to the board a reinstatement fee" for "shall also pay to the board all fees for the current and all delinquent years" at the end.
The 1989 amendment,
effective July 1, 1989, renumbered this section, which formerly was 61-6-26 NMSA 1978; in the catchline, inserted "Restoration of good standing"; in Subsection A, inserted "license or", "revoked", and "and may impose conditions in its discretion" and deleted "state medical" preceding "board"; in the introductory language of Subsection B, inserted "but is not limited to"; in Subsection D, inserted "license or" and substituted "all fees" for "the regular annual registration fee"; and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons, and Other Healers § 79.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 52; 73 C.J.S. Public Administrative Law and Procedure §§ 27, 28.