2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 8 - Podiatry › Section 61-8-11 - Suspension, revocation or refusal of license.

The board may refuse to issue or may suspend or revoke a license in accordance with the provisions of the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] for any one or more of the following reasons:
A. making a false statement in any part of an application for licensure, examination or registration pursuant to the provisions of the Podiatry Act;
B. having a disqualifying criminal conviction as determined by the board. As used in this subsection, "disqualifying criminal conviction" means a conviction for a crime that is related to the profession of podiatry;
C. the habitual indulgence in the use of narcotics, alcohol or other substances that impair intellect and judgment to an extent as will, in the opinion of the board, incapacitate a podiatric physician from the proper performance of professional duties;
D. lending the use of one's name to an unlicensed podiatric physician;
E. selling, giving or prescribing any compound or substance containing narcotic drugs or other controlled substances for illegal purposes;
F. the willful violation of a patient's right to confidentiality;
G. gross malpractice or incompetency as defined by board rule; or
H. dishonest or unprofessional conduct as defined by the Podiatry Act or rules adopted pursuant to that act.
History:
1953 Comp., § 67-6-11, enacted by Laws 1977, ch. 221, § 11; 1998, ch. 24, § 12; 2023, ch. 141, § 13.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided that the New Mexico medical board may refuse to issue or may suspend or revoke a license if an applicant has a disqualifying criminal conviction as determined by the board, and defined "disqualifying conviction"; in Subsection B, deleted "conviction of a crime involving moral turpitude, as shown by a certified copy of the record of the court of conviction" and added "having a disqualifying criminal conviction as determined by the board. As used in this subsection, 'disqualifying criminal conviction' means a conviction for a crime that is related to the profession of podiatry"; and in Subsections C and D, substituted each occurrence of "podiatrist" with "podiatric physician".
The 1998 amendment,
effective July 1, 1998, deleted "or take other action specified in Section 61-1-3 NMSA 1978" following "license" in the introductory language; in Subsection A, substituted "part of" for "affidavit required for" and "pursuant to" for "under"; in Subsection C, substituted "alcohol" for "ardent spirits, stimulants" and "that" for "which"; substituted "violation of a patient's right to confidentiality" for "betrayal of a professional confidence" in Subsection F; deleted former Subsections G and H, relating to soliciting the public, and use of advertising; redesignated Subsections I and J as G and H, substituted "rule" for "regulation" in Subsection G; and substituted "the Podiatry Act or rules adopted pursuant to that act" for "regulation of the board" in Subsection H.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 2d Physicians, Surgeons and Other Healers §§ 74 to 120.
Practicing medicine, surgery, dentistry, optometry or other healing arts without license as a separate or continuing offense, 99 A.L.R.2d 654.
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.
Podiatry or chiropody statutes: validity, construction, and application, 45 A.L.R.4th 888.
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.
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, 53 to 57.