2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 4 - Chiropractic › Section 61-4-10 - Refusal, suspension or revocation of license. (Repealed effective July 1, 2028.)

A. The board may refuse to issue or may suspend or revoke any license or may censure, reprimand, fine or place on probation and stipulation any licensee in accordance with the procedures as contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] upon the grounds that the licensee or applicant:
(1) is convicted of a felony. A copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of such conviction;
(2) is guilty of fraud or deceit in procuring or attempting to procure a license in the chiropractic profession or in connection with applying for or procuring license renewal;
(3) is guilty of incompetence;
(4) 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 the licensee or applicant unfit to practice chiropractic;
(5) is guilty of practicing or attempting to practice under an assumed name or fails to use the title "doctor of chiropractic", chiropractic physician or the initials "D.C." in connection with the licensee's or applicant's practice or advertisements;
(6) is guilty of failing to comply with any of the provisions of the Chiropractic Physician Practice Act or rules and regulations promulgated by the board and filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978];
(7) is guilty of willfully or negligently practicing beyond the scope of chiropractic practice as defined in the Chiropractic Physician Practice Act;
(8) is guilty of advertising by means of knowingly false statements;
(9) has been declared mentally incompetent by regularly constituted authorities or is manifestly incapacitated to practice chiropractic;
(10) advertises or attempts to attract patronage in any unethical manner prohibited by the rules and regulations of the board;
(11) is guilty of obtaining any fee by fraud or misrepresentation;
(12) is guilty of making false or misleading statements regarding the licensee's or applicant's skill or the efficacy or value of treatment or remedy prescribed or administered by the licensee or applicant or at the licensee's or applicant's direction;
(13) is guilty of aiding or abetting the practice of chiropractic by a person not licensed by the board;
(14) has incurred a prior suspension or revocation in another state where the suspension or revocation of a license to practice chiropractic was based upon acts by the licensee similar to acts described in this section and by board rules promulgated pursuant to Paragraph (6) of this subsection. A certified copy of the record of suspension or revocation of the state making such suspension or revocation is conclusive evidence thereof;
(15) is guilty of making a false, misleading or fraudulent claim; or
(16) is guilty of unprofessional conduct that includes but is not limited to the following:
(a) procuring, aiding or abetting a criminal abortion;
(b) representing to a patient that a manifestly incurable condition of sickness, disease or injury can be cured;
(c) willfully or negligently divulging a professional confidence;
(d) conviction of any offense punishable by incarceration in a state penitentiary or federal prison. A copy of the record of conviction, certified by the clerk of the court entering the conviction, is conclusive evidence;
(e) impersonating another person licensed in the practice of chiropractic or permitting or allowing any person to use the licensee's or applicant's license;
(f) gross negligence in the practice of chiropractic;
(g) fee splitting;
(h) conduct likely to deceive, defraud or harm the public;
(i) repeated similar negligent acts;
(j) employing abusive billing practices;
(k) failure to report to the board any adverse action taken against the licensee or applicant by: 1) another licensing jurisdiction; 2) any peer review body; 3) any health care entity; 4) any governmental agency; or 5) any court for acts or conduct similar to acts or conduct that would constitute grounds for action as provided in this section;
(l) failure to report to the board surrender of a license or other authorization to practice chiropractic in another state or jurisdiction or surrender of membership on any chiropractic staff or in any chiropractic or professional association or society following, in lieu of, and while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as provided in this section;
(m) failure to furnish the board, its investigators or representatives with information requested by the board;
(n) abandonment of patients;
(o) failure to adequately supervise, as provided by board regulation, a chiropractic assistant or technician or professional licensee who renders care;
(p) intentionally engaging in sexual contact with a patient other than the licensee's or applicant's spouse during the doctor-patient relationship; and
(q) conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.
B. The board may at its discretion hire investigators or issue investigative subpoenas for the purpose of investigating complaints made to the board regarding chiropractic physicians.
C. All written and oral communication made by any person to the board or an agent of the board relating to actual or potential disciplinary action, including complaints made to the board, are confidential communications and are not public records for the purposes of the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978]; provided that all information contained in a complaint file is public information and subject to disclosure when the board acts on a complaint.
D. Licensees shall bear all costs of disciplinary proceedings unless exonerated.
History:
1953 Comp., § 67-3-18, enacted by Laws 1968, ch. 3, § 10; 1971, ch. 67, § 1; 1981, ch. 235, § 1; 1993, ch. 198, § 9; 2006, ch. 18, § 5.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-4-17 NMSA 1978.
The 2006 amendment,
effective May 17, 2006, added the provision in Subsection A that the board may censure, reprimand, fine or place on probation and suspension any licensees; and added Subsection C to provide that communications made by any person to the board relating to disciplinary action are confidential and not public records for purposes of the Inspection of Public Records Act and that all information in a complaint file is public information and subject to disclosure when the board acts on a complaint.
The 1993 amendment,
effective June 18, 1993, designated all the provisions of this section as Subsection A; in Subsection A, redesignated former Subsections A to O as Paragraphs (1) to (15) and added Paragraph (16), deleted "provided" preceding "a copy" in Paragraph (1), inserted "chiropractic physician" in Paragraph (5), inserted "Physician" in Paragraphs (6) and (7), and substituted "another state" for "a sister state" and "Paragraph (6) of this subsection" for "subsection F of this section; provided" in Paragraph (14); and added Subsections B and C.
Expert testimony in disciplinary proceedings.
— Because the board of chiropractic examiners has a level of expertise unlike that of a typical jury, expert testimony is not required to establish a standard of care for chiropractors.
Darr v. Village of Tularosa
, 1998-NMCA-104, 125 N.M. 394, 962 P.2d 640, cert. denied, 125 N.M. 654, 964 P.2d 818.
"Detrimental conduct" meriting suspension.
— Although there was not substantial evidence to support the board's findings that respondent failed to keep his patient informed as to the possible dangers of his treatment and then failed to refer her to a more qualified physician, other findings were supported by substantial evidence and merited the board's finding that respondent violated the applicable standard of care and that his license should be suspended.
Darr v. Village of Tularosa
, 1998-NMCA-104, 125 N.M. 394, 962 P.2d 640, cert. denied, 125 N.M. 654, 964 P.2d 818.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 74 to 100.
Competency of physician or surgeon, of school or practice other than that to which defendant belongs, to testify in malpractice case, 85 A.L.R.2d 1022.
Bias of members of license revocation board, 97 A.L.R.2d 1210.
Physician's or other healer's conduct in connection with defense of or resistance to malpractice action as ground for revocation of license or other disciplinary action, 44 A.L.R.4th 248.
Improper or immoral sexually related conduct toward patient as ground for disciplinary action against physician, dentist, or other licensed healer, 59 A.L.R.4th 1104.
Filing of false insurance claims for medical services as ground for disciplinary action against dentist, physician, or other medical practitioner, 70 A.L.R.4th 132.
Liability of osteopath for medical malpractice, 73 A.L.R.4th 24.
Liability of chiropractors and other drugless practitioners for medical malpractice, 77 A.L.R.4th 273.
Rights as to notice and hearing in proceeding to revoke or suspend license to practice medicine, 10 A.L.R.5th 1.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 24, 38 to 42.