1. A. In accordance with the procedures contained in the Uniform Licensing Act [61-1-1 through 61-1-31 NMSA 1978], the board may deny, suspend for a definite period or revoke a license, certificate or permit held or applied for under the Veterinary Practice Act, or may reprimand, place on probation, enter a stipulation with or impose an administrative penalty in an amount not to exceed five thousand dollars ($5,000) on a holder of a license, certificate or permit, upon a finding by the board that the licensee, certificate or permit holder, or applicant:

   1. (1) has committed an act of fraud, misrepresentation or deception in obtaining a license or permit;
   2. (2) has been adjudicated insane or manifestly incapacitated;
   3. (3) has used advertising or solicitation that is false, misleading or is otherwise deemed unprofessional under rules promulgated by the board;
   4. (4) has been convicted of a felony or other crime involving moral turpitude;
   5. (5) is guilty of dishonesty, incompetence, gross negligence or other malpractice in the practice of veterinary medicine;
   6. (6) has a professional association with or employs any person practicing veterinary medicine unlawfully;
   7. (7) is guilty of fraud or dishonesty in the application or reporting of any test for disease in animals;
   8. (8) has failed to maintain his professional premises and equipment in a clean and sanitary condition in compliance with facility permit rules promulgated by the board;
   9. (9) is guilty of habitual or excessive use of intoxicants or drugs;
   10. (10) is guilty of cruelty to animals;
   11. (11) has had his license to practice veterinary medicine revoked by another state, territory or district of the United States on grounds other than nonpayment of license or permit fees;
   12. (12) is guilty of unprofessional conduct by violation of a rule promulgated by the board pursuant to provisions of the Veterinary Practice Act;
   13. (13) has failed to perform as a veterinary technician under the direct supervision of a licensed veterinarian;
   14. (14) has failed as a licensed veterinarian to reasonably exercise direct supervision with respect to a veterinary technician;
   15. (15) is guilty of aiding or abetting the practice of veterinary medicine by a person not licensed, certified or permitted by the board;
   16. (16) has used any controlled drug or substance on any animal for the purpose of illegally influencing the outcome of a competitive event;
   17. (17) has willfully or negligently administered a drug or substance that will adulterate meat, milk, poultry, fish or eggs;
   18. (18) has failed to maintain required logs and records;
   19. (19) has used a prescription or has sold any prescription drug or prescribed extra-label use of any over-the-counter drug in the absence of a valid veterinarian-client-patient relationship;
   20. (20) has failed to report, as required by law, or has made a false report of any contagious or infectious disease;
   21. (21) has engaged in an unfair or deceptive practice; or
   22. (22) has engaged in the practice of veterinary medicine on any animal or group of animals in the absence of a valid veterinarian-client-patient relationship.
2. B. Disciplinary proceedings may be instituted by sworn complaint by any person and shall conform with the provisions of the Uniform Licensing Act.
3. C. Any person whose license, certificate or permit is suspended or revoked by the board pursuant to provisions of this section may, at the discretion of the board, be relicensed or reinstated by the board at any time without examination upon written application to the board showing cause to justify relicensing or reinstatement.

History: 1953 Comp., § 67-11-20, enacted by Laws 1967, ch. 62, § 9; 1975, ch. 96, § 9; 1993, ch. 163, § 9; 1995, ch. 154, § 5; 1998, ch. 55, § 75; 1999, ch. 243, § 2.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-14-20 NMSA 1978.

Cross references. — For appeal of final decisions by agencies to district court, see 39-3-1.1 NMSA 1978.

The 1999 amendment, effective June 18, 1999, rewrote the introductory language to Subsection A, which formerly read "The board may place a licensee on probation; impose on a licensee an administrative penalty in an amount not to exceed two thousand five hundred dollars ($2,500); reprimand a licensee; deny, suspend for a definite period or revoke a license, certificate or permit of a licensee; or take any other reasonable action as established by the board if the board determines after receiving a complaint and providing notice and a hearing pursuant to the Uniform Licensing Act that a licensee"; added Subsections A(22) and B; and redesignated former Subsection B as Subsection C.

The 1998 amendment, effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.

The 1995 amendment, effective June 16, 1995, inserted "facility permit" preceding "regulations" in Paragraph (8) of Subsection A, and substituted "pursuant to provisions of" for "under" in Paragraph (12) of Subsection A and in Subsection B.

The 1993 amendment, effective June 18, 1993, in Subsection A, rewrote the introductory paragraph and Paragraph (9); added "or manifest incapacity" at the end of Paragraph (2); inserted "dishonesty" at the beginning of Paragraph (5); inserted "or permit" near the end of Paragraph (11); and added Paragraphs (13) to (21); in Subsection B, inserted "certificate or permit" near the beginning; and deleted former Subsection C, which listed the grounds for denial or suspension of registration or denial or revocation of any certificate of qualification.

Section is not too vague to enable establishment by board of reasonable guidelines for revocation or suspension of license. In re Willoughby, 1971-NMSC-040, 82 N.M. 443, 483 P.2d 498.

Board need not specify acts deemed unprofessional by rule or regulation, as these acts usually reflect general standards of ethics and practice which are adhered to in a profession. In re Willoughby, 1971-NMSC-040, 82 N.M. 443, 483 P.2d 498.

Presence at hearing. — Absent evidence of prejudice or bias on part of board, fact that one member was not present for part of suspension hearing, while he was attempting to locate a witness, was excusable. In re Willoughby, 1971-NMSC-040, 82 N.M. 443, 483 P.2d 498.

Ordinary negligence. — The board of veterinary medicine cannot sanction its licensees for acts of ordinary negligence committed in a single episode of treatment. The phrase "other malpractice" does not include a single episode of ordinary negligence. N.M. Bd. of Veterinary Med. v. Riegger, 2006-NMCA-069, 139 N.M. 679, 137 P.3d 619, aff'g in part, rev'g in part, 2007-NMSC-044, 142 N.M. 248, 164 P.3d 947.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Veterinarians § 5.

Validity, construction and effect of statutes or regulations governing practice of veterinary medicine, 8 A.L.R.4th 223.

70 C.J.S. Physicians, Surgeons, and other Health-Care Providers §§ 35 to 42, 53 to 57.