This is a formal preliminary disciplinary action that immediately suspends a licensee’s right to practice osteopathic medicine. The summary suspension remains in effect until a further order of the board is entered. The licensee has an opportunity for a full hearing before the board regarding the summary suspension.

1. A. The board may summarily suspend or restrict a license issued by the board without hearing, simultaneously with, or at any time after, the issuance of a notice of contemplated action and the initiation of proceedings for a hearing provided for under the Uniform Licensing Act, if the board finds that evidence in its possession indicates that the licensee:

   1. (1) poses a clear and immediate danger to the public health and safety if the licensee continues to practice;
   2. (2) has been adjudged mentally incompetent by a final order or adjudication by a court of competent jurisdiction;
   3. (3) has pled guilty to or been found guilty of any offense related to their practice or for any violent criminal offense in this state or a substantially equivalent criminal offense in another jurisdiction; or
   4. (4) uses conversion therapy on a minor.
2. B. A licensee is not required to comply with a summary action until service of the action has been made personally or by certified mail, return receipt requested, to the licensee’s last known address as shown in the board’s records, or until the licensee has actual knowledge of the order of suspension or restriction, whichever occurs first. The board’s chair may sign a summary suspension order that the board has authorized.

3. C. A licensee whose license is summarily suspended is entitled to a hearing before the board on the summary suspension order, pursuant to the Uniform Licensing Act, within 15 days from the date the licensee requests a hearing. The hearing request shall be in writing, addressed to the board, and delivered by certified mail, return receipt requested.

   HISTORY OF 16.17.5 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the state records center and archives:

   BOSE 69-1, Practice Guide for Osteopathic Physicians and Surgeons in New Mexico, filed 06-05-69.

   Rule 8, Revocation or Refusal of License, filed 12-07-88.

   History of Repealed Material: Rule 8, Revocation or Refusal of License (filed 12-07-88) repealed 10-29-2004.

   16.17.5 NMAC, Prescribing and Distribution of Controlled Substances, repealed effective 6-11-2018.

   Other History:

   Rule 8, Revocation or Refusal of License (filed 12-07-88) replaced by 16.17.6 NMAC, Revocation or Refusal of License, effective 10-29-2004.

[16.17.5.9 NMAC - N, 6-11-2018]