A. Any person who practices medicine or who attempts to practice medicine without first complying with the provisions of the Medical Practice Act and without being the holder of a license entitling him to practice medicine in New Mexico is guilty of a fourth degree felony.
B. Any person who practices medicine across state lines or who attempts to practice medicine across state lines without first complying with the provisions of the Medical Practice Act and without being the holder of a telemedicine license entitling him to practice medicine across state lines is guilty of a fourth degree felony.
C. Any person convicted pursuant to Subsection A or B of this section shall be sentenced under the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978] to imprisonment for a definite period not to exceed eighteen months and, in the discretion of the sentencing court, to a fine not to exceed five thousand dollars ($5,000), or both. Each occurrence of practicing medicine or attempting to practice medicine without complying with the Medical Practice Act shall be a separate violation.
History: Laws 1923, ch. 44, § 9; C.S. 1929, § 110-110; 1941 Comp., § 51-510; 1953 Comp., § 67-5-12; Laws 1955, ch. 44 [§ 1]; 1969, ch. 46, § 8; 1978 Comp., § 61-6-18, recompiled as § 61-6-20 by Laws 1989, ch. 269, § 16; 2001, ch. 96, § 7.
ANNOTATIONSRepeals. — Laws 1979, ch. 132, § 9, repealed former 61-6-20 NMSA 1978, as enacted by Laws 1977, ch. 207, § 1, relating to rules and regulations for care of infants born alive and for experimentation with aborted fetuses, effective March 27, 1979. For present provisions, see 24-9A-3 and 24-9A-4 NMSA 1978.
Cross references. — For injunction to prevent unauthorized practice of medicine, see 61-6-22 NMSA 1978.
The 2001 amendment, effective April 2, 2001, added the provision that doctors who practice or attempt to practice medicine across state lines without having a license to do so and without complying with the Medical Practice act are guilty of a forth degree felony and are subject to the penalties provided by Subsection C.
The 1989 amendment, effective July 1, 1989, renumbered this section, which formerly was 61-6-18 NMSA 1978; added the second sentence, and, in the first sentence, substituted "the Medical Practice Act" for "Sections 67-5-23 NMSA 1978" and the present language following "is guilty of" for "felony, upon conviction, punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment in the county jail not to exceed one year or by both such fine and imprisonment in the discretion of the court", and made minor stylistic changes.
Injunction not precluded. — The state has authority to punish one who engages in the practice of medicine without a license, but this remedy is not exclusive and does not preclude injunction to protect the public health, morals, safety and welfare from irreparable injury. State ex rel. Marron v. Compere, 1940-NMSC-041, 44 N.M. 414, 103 P.2d 273.
Law reviews. — For article, "Constitutional Limitations on the Exercise of Judicial Functions by Administrative Agencies," see 7 Nat. Res. J. 599 (1972).
For comment, "Perspectives on the Abortion Decision," see 9 N.M.L. Rev. 175 (1978-79).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 125 to 130.
Constitutionality of statute prescribing conditions of practicing medicine or surgery as affected by question of discrimination against particular school or method, 16 A.L.R. 709, 37 A.L.R. 680, 42 A.L.R. 1342, 54 A.L.R. 600.
Liability to patient for results of medical or surgical treatment by one not licensed as required by law, 44 A.L.R. 1418, 57 A.L.R. 978.
Entrapment to commit offense of practicing medicine without license, 86 A.L.R. 272.
Corporation or individual not himself licensed, right of, to practice medicine or surgery through licensed employees, 103 A.L.R. 1240.
Health service plan as violation of medical practice acts, 119 A.L.R. 1290.
One who fills prescriptions under reciprocal arrangement with physician or optometrist as subject to charge of practice of medicine or optometry without license, 121 A.L.R. 1455.
Group medical and hospital service plan as illegal practice of medicine, 167 A.L.R. 327.
Constitutionality and construction of statutes or regulations prohibiting one who has no license to practice medicine from owning, maintaining or operating an office therefor, 20 A.L.R.2d 808.
Illegal practice of medicine under statute, ordinance or other measure involving chemical treatment of public water supply, 43 A.L.R.2d 453.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 28 to 33.