Section 61-10A-5 - Denial, suspension or revocation.

61-10A-5. Denial, suspension or revocation.

In accordance with the procedures contained in the Uniform Licensing Act [61-1-1 NMSA 1978], the board may deny or suspend any registration or deny or revoke any certificate of qualification, upon the grounds that the applicant or osteopathic physician's assistant is guilty of:   

A.     procuring, aiding or abetting a criminal abortion;   

B.     soliciting patients for any practitioner of the healing arts;   

C.     soliciting or receiving any form of compensation from any person other than his registered employer for performing as an osteopathic physician's assistant;   

D.     willfully or negligently divulging a professional secret or discussing a patient's condition or an osteopathic physician's diagnosis without the express permission of the osteopathic physician;   

E.     any offense punishable by incarceration in a state penitentiary or federal prison. A copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence;   

F.     the habitual or excessive use of intoxicants or drugs;   

G.     fraud or misrepresentation in applying for or procuring a certificate of qualification to perform as an osteopathic physician's assistant in this state, or in applying for or procuring an annual registration;   

H.     impersonating another person registered as an osteopathic physician's assistant or allowing any person to use his certificate of qualification or registration;   

I.     aiding or abetting the practice of osteopathic medicine by a person not licensed by the board;   

J.     gross negligence in the performance of duties, task or functions assigned to him by a licensed osteopathic physician;   

K.     manifest incapacity or incompetence to perform as an osteopathic physician's assistant;   

L.     conduct resulting in the suspension or revocation by another state of a registration, license or certification to perform as an osteopathic physician's assistant, based upon acts by the osteopathic physician's assistant similar to acts constituting grounds for suspension or revocation in New Mexico. A certified copy of the record of the suspension or revocation of the state imposing the penalty is conclusive evidence thereof; or   

M.     conduct unbecoming in a person registered as an osteopathic physician's assistant or detrimental to the best interests of the public.