Section 61-4-10 - Refusal, suspension or revocation of license. (Repealed effective July 1, 2016.)
61-4-10. Refusal, suspension or revocation of license. (Repealed effective July 1, 2016.)
A. The board may refuse to issue or may suspend or revoke any license or may censure, reprimand, fine or place on probation and stipulation any licensee in accordance with the procedures as contained in the Uniform Licensing Act [61-1-1 NMSA 1978] upon the grounds that the licensee or applicant:
(1) is convicted of a felony. A copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of such conviction;
(2) is guilty of fraud or deceit in procuring or attempting to procure a license in the chiropractic profession or in connection with applying for or procuring license renewal;
(3) is guilty of incompetence;
(4) is habitually intemperate or is addicted to the use of habit-forming drugs or is addicted to any vice to such a degree as to render the licensee or applicant unfit to practice chiropractic;
(5) is guilty of practicing or attempting to practice under an assumed name or fails to use the title "doctor of chiropractic", chiropractic physician or the initials "D.C." in connection with the licensee's or applicant's practice or advertisements;
(6) is guilty of failing to comply with any of the provisions of the Chiropractic Physician Practice Act or rules and regulations promulgated by the board and filed in accordance with the State Rules Act [14-4-1 NMSA 1978];
(7) is guilty of willfully or negligently practicing beyond the scope of chiropractic practice as defined in the Chiropractic Physician Practice Act;
(8) is guilty of advertising by means of knowingly false statements;
(9) has been declared mentally incompetent by regularly constituted authorities or is manifestly incapacitated to practice chiropractic;
(10) advertises or attempts to attract patronage in any unethical manner prohibited by the rules and regulations of the board;
(11) is guilty of obtaining any fee by fraud or misrepresentation;
(12) is guilty of making false or misleading statements regarding the licensee's or applicant's skill or the efficacy or value of treatment or remedy prescribed or administered by the licensee or applicant or at the licensee's or applicant's direction;
(13) is guilty of aiding or abetting the practice of chiropractic by a person not licensed by the board;
(14) has incurred a prior suspension or revocation in another state where the suspension or revocation of a license to practice chiropractic was based upon acts by the licensee similar to acts described in this section and by board rules promulgated pursuant to Paragraph (6) of this subsection. A certified copy of the record of suspension or revocation of the state making such suspension or revocation is conclusive evidence thereof;
(15) is guilty of making a false, misleading or fraudulent claim; or
(16) is guilty of unprofessional conduct that includes but is not limited to the following:
(a) procuring, aiding or abetting a criminal abortion;
(b) representing to a patient that a manifestly incurable condition of sickness, disease or injury can be cured;
(c) willfully or negligently divulging a professional confidence;
(d) conviction of any offense punishable by incarceration in a state penitentiary or federal prison. A copy of the record of conviction, certified by the clerk of the court entering the conviction, is conclusive evidence;
(e) impersonating another person licensed in the practice of chiropractic or permitting or allowing any person to use the licensee's or applicant's license;
(f) gross negligence in the practice of chiropractic;
(g) fee splitting;
(h) conduct likely to deceive, defraud or harm the public;
(i) repeated similar negligent acts;
(j) employing abusive billing practices;
(k) failure to report to the board any adverse action taken against the licensee or applicant by: 1) another licensing jurisdiction; 2) any peer review body; 3) any health care entity; 4) any governmental agency; or 5) any court for acts or conduct similar to acts or conduct that would constitute grounds for action as provided in this section;
(l) failure to report to the board surrender of a license or other authorization to practice chiropractic in another state or jurisdiction or surrender of membership on any chiropractic staff or in any chiropractic or professional association or society following, in lieu of, and while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as provided in this section;
(m) failure to furnish the board, its investigators or representatives with information requested by the board;
(n) abandonment of patients;
(o) failure to adequately supervise, as provided by board regulation, a chiropractic assistant or technician or professional licensee who renders care;
(p) intentionally engaging in sexual contact with a patient other than the licensee's or applicant's spouse during the doctor-patient relationship; and
(q) conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.
B. The board may at its discretion hire investigators or issue investigative subpoenas for the purpose of investigating complaints made to the board regarding chiropractic physicians.
C. All written and oral communication made by any person to the board or an agent of the board relating to actual or potential disciplinary action, including complaints made to the board, are confidential communications and are not public records for the purposes of the Inspection of Public Records Act [14-2-4 NMSA 1978]; provided that all information contained in a complaint file is public information and subject to disclosure when the board acts on a complaint.
D. Licensees shall bear all costs of disciplinary proceedings unless exonerated.