New Mexico Statutes 61-14A-17. Disciplinary proceedings; judicial review; application of
Uniform Licensing Act.
Terms Used In New Mexico Statutes 61-14A-17
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
A. In accordance with the procedures contained in the Uniform Licensing Act [61-1- 1 through 61-1-31 N.M. Stat. Ann.], the board may deny, revoke or suspend any permanent or temporary license held or applied for under the Acupuncture and Oriental Medicine Practice Act, upon findings by the board that the licensee or applicant:
(1) is guilty of fraud or deceit in procuring or attempting to procure a license; (2) has been convicted of a felony. A certified copy of the record of conviction shall be conclusive evidence of such conviction;
(3) is guilty of incompetence as defined by board rule;
(4) is habitually intemperate, is addicted to the use of habit-forming drugs or is addicted to any vice to such a degree as to render him unfit to practice as a doctor of oriental medicine;
(5) is guilty of unprofessional conduct, as defined by board rule;
(6) is guilty of any violation of the Controlled Substances Act [N.M. Stat. Ann. Chapter 30, Article 31];
(7) has violated any provision of the Acupuncture and Oriental Medicine Practice Act or rules promulgated by the board;
(8) is guilty of failing to furnish the board, its investigators or representatives with information requested by the board;
(9) is guilty of willfully or negligently practicing beyond the scope of acupuncture and oriental medicine as defined in the Acupuncture and Oriental Medicine Practice Act;
(10) is guilty of failing to adequately supervise a sponsored temporary licensee; (11) is guilty of aiding or abetting the practice of acupuncture and oriental medicine by a person not licensed by the board;
(12) is guilty of practicing or attempting to practice under an assumed name; (13) advertises by means of knowingly false statements;
(14) advertises or attempts to attract patronage in any unethical manner prohibited by the Acupuncture and Oriental Medicine Practice Act or the rules of the board;
(15) has been declared mentally incompetent by regularly constituted authorities;
(16) has had a license, certificate or registration to practice as a doctor of oriental medicine revoked, suspended or denied in any jurisdiction of the United States or a foreign country for actions of the licensee similar to acts described in this subsection. A certified copy of the record of the jurisdiction taking such disciplinary action will be conclusive evidence thereof; or
(17) fails, when diagnosing or treating a patient, to possess or apply the knowledge or to use the skill and care ordinarily used by reasonably well-qualified doctors of oriental medicine practicing under similar circumstances, giving due consideration to the locality involved.
B. Disciplinary proceedings may be instituted by any person, shall be by sworn complaint and shall conform with the provisions of the Uniform Licensing Act. Any party to the hearing may obtain a copy of the hearing record upon payment of the costs of the copy.
C. Any person filing a sworn complaint shall be immune from liability arising out of civil action if the complaint is filed in good faith and without actual malice.
D. The licensee shall bear the costs of disciplinary proceedings unless exonerated.