New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 17 - OSTEOPATHIC MEDICINE AND SURGERY PRACTITIONERS
Part 5 - REVOCATION OR REFUSAL OF LICENSURE
Section 16.17.5.8 - REVOCATION OR REFUSAL OF LICENSE

Universal Citation: 16 NM Admin Code 16.17.5.8

Current through Register Vol. 35, No. 18, September 24, 2024

A. Causes for refusal or revocation of license. The board may either refuse to issue or may suspend or revoke any license for any one or more of the following causes, whether committed in the state of New Mexico or elsewhere:

(1) conviction of a felony, as evidenced by a certified copy of the record of the court issuing conviction;

(2) obtaining or attempting to obtain a license by fraudulent misrepresentation, or practicing in the profession by fraudulent misrepresentation;

(3) gross malpractice which means gross and flagrantly improper treatment of a patient, or such culpable neglect of a patient as to indicate a willful act or injury to the patient; gross malpractice also means such incompetence on the part of the practitioner as to render him unfit to hold himself out to the public as a licensed osteopathic physician and surgeon; gross malpractice shall also consist of performing, aiding, or abetting the performance of any act or operation upon or on behalf of a patient expressly forbidden by state and federal penal laws, such as criminal operations, dispensing and prescribing of narcotics;

(4) advertising, practicing, or attempting to practice under a name other than one's own;

(5) habitual or excessive use or abuse of drugs or alcohol;

(6) immoral, dishonorable or unprofessional conduct.

B. Dishonorable and unprofessional conduct shall include but shall not be limited to the following:

(1) willful violation of the code of ethics of the American osteopathic association;

(2) aiding unlicensed persons to practice medicine and surgery in the state of New Mexico;

(3) violation of the law pertaining to dangerous drugs, narcotics, or intoxicating liquors;

(4) the commission of any act involving moral turpitude; moral turpitude includes any act contrary to justice, honesty, modesty or good morals;

(5) incompetency to act as an osteopathic physician and surgeon; failure to possess and or exercise the requisite degree of skill, learning, and care commonly possessed by osteopathic physicians and surgeons in the state of New Mexico or the rendering of treatment to patients in a manner contrary to accepted rules;

(6) the performance of any act or omission which tends to degrade or place the physician and the osteopathic profession in bad public repute where the act or omission is contrary to the professional standards which an osteopathic physician and surgeon assumes;

(7) the unlawful use of the name "doctor of medicine" or its initials or emblems, either orally or otherwise;

(8) willful failure to comply with regulations of the department of health or the regulations of this board;

(9) continuing to practice while knowingly having an infectious or contagious disease;

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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