A. The board may formally proceed against a health care provider under the Impaired Health Care Provider Act in accordance with the procedures contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
B. At the conclusion of a hearing, the board shall make the following findings:
(1) whether the health care provider is impaired by one of the grounds for restriction, suspension or revocation listed in Section 61-7-3 NMSA 1978;
(2) whether the impairment, if found in Paragraph (1) of this subsection, does in fact limit the health care provider's ability to practice skillfully or safely;
(3) to what extent the impairment limits the health care provider's ability to practice skillfully or safely and whether the board finds that the impairment is such that the health care provider's license, registration or certification should be suspended, revoked or restricted; and
(4) if the finding in Paragraph (3) of this subsection recommends suspension or restriction of the health care provider's ability to practice, the board shall make specific recommendations as to the length and nature of the suspension or restriction and shall recommend how the suspension or restriction shall be carried out and supervised.
C. At the conclusion of a hearing, the board shall make a determination of the merits and may order one or more of the following:
(1) placement of the health care provider on probation on such terms and conditions as it deems proper for the protection of the public;
(2) suspension or restriction of the license of the health care provider to practice for the duration of the impairment;
(3) revocation of the license, registration or certification of the health care provider to practice; or
(4) reinstatement of the health care provider's license, registration or certification to practice without restriction.
D. The board may temporarily suspend the license, registration or certification of any health care provider without a hearing, simultaneously with the institution of proceedings under the Impaired Health Care Provider Act or the Uniform Licensing Act, if it finds that the evidence in support of the examining committee's determination is clear and convincing and that the health care provider's continuation in practice would constitute an imminent danger to public health and safety. The health care provider shall be entitled to a hearing to set aside the suspension no later than sixty days after the license is suspended.
E. Neither the record of the proceeding nor any order entered against a health care provider may be used against the health care provider in any other legal proceeding except upon judicial review as provided in Section 61-7-10 NMSA 1978.
History: 1953 Comp., § 67-42-8, enacted by Laws 1976, ch. 3, § 8; recompiled as 1953 Comp., § 67-8A-8; 1993, ch. 326, § 5; 1995, ch. 96, § 8.
ANNOTATIONSThe 1995 amendment, effective June 16, 1995, substituted "health care provider" for "physician" throughout the section; inserted "registration or certification" in four places; in Subsection D, inserted "Impaired Health Care Provider Act or the" in the first sentence and added the second sentence; and made stylistic changes throughout the section.
The 1993 amendment, effective June 18, 1993, made stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 102 to 116.
Applicability of statute of limitations or doctrine of laches to proceeding to revoke or suspend license to practice medicine, 51 A.L.R.4th 1147.
Necessity of expert evidence in proceeding for revocation or suspension of license of physician, surgeon, or dentist, 74 A.L.R.4th 969.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 50; 73A Public Administrative Law and Procedure §§ 115 to 171.