If the department determines that a complementary and alternative health care practitioner practicing pursuant to the Unlicensed Health Care Practice Act may have violated a provision of that act, it may take one or more of the following actions pursuant to the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] against the complementary and alternative health care practitioner if that practitioner is found to have violated a provision of the Unlicensed Health Care Practice Act:

1. A. provide written notice to the complementary and alternative health care practitioner requesting the practitioner to correct the activity that is a violation of the Unlicensed Health Care Practice Act; this action shall be the first option if the offense is a violation of the disclosure requirements of the Unlicensed Health Care Practice Act;
2. B. issue a cease and desist order against the complementary and alternative health care practitioner pertaining to the provision of complementary and alternative health care services that are not in compliance with the provisions of the Unlicensed Health Care Practitioner [Practice] Act; or
3. C. impose a civil penalty in an amount not to exceed ten thousand dollars ($10,000) for each violation.

History: Laws 2009, ch. 141, § 7.

ANNOTATIONS

Effective dates. — Laws 2009, ch. 141, § 10 made the Unlicensed Health Care Practice Act effective July 1, 2009.

Severability. — Laws 2009, ch. 141, § 9 provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.