2020 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 7 - Impaired Health Care Provider
Section 61-7-3 - Grounds for restriction, suspension or revocation of license; registration or certification.

The license, registration or certification of any health care provider to practice in this state shall be subject to restriction, suspension or revocation in case of inability of the health care provider to practice with reasonable skill or safety to patients by reason of one or more of the following:

A. mental illness;

B. physical illness, including but not limited to deterioration through the aging process or loss of motor skill; or

C. habitual or excessive use or abuse of drugs, as defined in the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978], or alcohol.

History: 1953 Comp., § 67-42-3, enacted by Laws 1976, ch. 3, § 3; recompiled as 1953 Comp., 67-8A-3; 1995, ch. 96, § 3.

Cross references. — For refusal, revocation or suspension of license generally, see 61-6-15 NMSA 1978.

For suspension of license for mental illness, see 61-6-32 NMSA 1978.

The 1995 amendment, effective June 16, 1995, inserted "registration or certification" in the section heading and in the introductory paragraph; substituted "health care provider" for "physician" and "licensee" throughout the section; and deleted "medicine" following "practice" in two places.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 80, 90, 100.

Validity of statute providing for revocation of license of physician or surgeon, 5 A.L.R. 94, 79 A.L.R. 323.

Liquor law, violation of, as infamous crime or offense involving moral turpitude for which physician's license may be revoked, 40 A.L.R. 1049, 71 A.L.R. 217.

Grounds for revocation of valid license of physician or surgeon, 54 A.L.R. 1504, 82 A.L.R. 1184.

Conviction as proof of ground for revocation or suspension of license of physician or surgeon where conviction as such is not an independent cause, 167 A.L.R. 228.

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 §§ 38, 39.