New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 21 - PODIATRISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.21.11.10 - SUSPENSION, REVOCATION OR REFUSAL OF A LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
For the purpose of the Podiatry Act, Section 61.8.11.10 NMSA
				  1978 of, the following may apply.
A.
				"Gross negligence" or "gross incompetency" means, but shall not be limited to,
				a significant departure from the prevailing standard of care in treating
				patients, or any act or omission by a podiatrist such as to indicate a willful
				act or injury to the patient, or such incompetence on the part of the
				podiatrist as to render the podiatrist unfit to hold himself out to the public
				as a licensed podiatrist.
B.
				"Unprofessional conduct" means, but is not limited to:
(1) performing, or holding oneself out as
				able to perform, professional services beyond the scope of one's license and
				field or fields of competence as established by education, experience,
				training, or any combination thereof; this includes, but is not limited to, the
				use of any instrument or device in a manner that is not in accordance with the
				customary standards and practices of the profession;
(2) practicing beyond the scope of practice
				of a podiatrist as defined by the Podiatry Act, Section
				61-8-1
				NMSA 1978, or board rule;
(3)
				failure of a podiatrist to comply with the following advertising guidelines:
(a) shall not advertise in a false,
				fraudulent or misleading manner;
(b) shall include in the advertisement the
				podiatrist's name or medical group name, address and telephone
				number.
(4) the making
				of false or misleading statement in communication with patients or potential
				patients;
(5) the use of misleading
				or deceptive titles or designations in a name or title of a podiatric practice,
				including the unauthorized advertisement of a specialty designation;
(6) failure to release to a patient copies of
				that patient's records and x-rays;
(7) disqualifying felony criminal conviction,
				defined below in Section C of this part;
(8) impersonating another person licensed to
				practice podiatry or permitting or allowing any person to use his license or
				certificate of registration;
(9)
				deliberate and willful failure to reveal, at the request of the board, the
				incompetent, dishonest, or corrupt practices of another podiatrist licensed or
				applying for licensure by the board;
(10) accept rebates, or split fees or
				commissions from any source associated with the service rendered to a patient;
				provided, however, the sharing of profits in a professional partnership,
				association, HMO, or similar association shall not be construed as
				fee-splitting;
(11) injudicious
				prescribing, administration, or dispensing of any drug or medicine;
(12) sexual misconduct;
(13) the use of a false, fraudulent or
				deceptive statement in any document connected with the practice of
				podiatry;
(14) the falsifying of
				medical records, whether or not for personal gain;
(15) any intentional conduct or practice
				which is harmful or dangerous to the health of the patient;
(16) fraud, deceit or misrepresentation in
				any renewal or reinstatement application;
(17) obtaining or attempting to obtain a
				license through fraud, misrepresentation, or other dishonesty;
(18) cheating on an examination for
				licensure;
(19) violation of any
				order of the board, including any probation order;
(20) treating patients when the podiatrist is
				under the influence of alcohol, illegal drugs, or injudicious use of
				prescription medications; or
(21)
				failure to report to the board the involuntary surrender of a license to
				practice in another state, or involuntary surrender of membership on any
				medical staff or in any podiatric or professional association or society, in
				lieu of, and while under disciplinary investigation by any authority;
(22) willful abandonment of a
				patient;
(23) has failed to furnish
				the board, its investigators or its representatives with information requested
				by the board or the committee in the course of an official
				investigation;
(24) breach of
				ethical standards, an inquiry into which the board will begin by reference to
				the code of ethics of the American podiatric medical association.