A. The board may summarily suspend or restrict a license issued by the board without a hearing, simultaneously with or at any time after the initiation of proceedings for a hearing provided under the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], 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; or

3. (3) has pled guilty to or been found guilty of any offense related to the practice of medicine or for any violent criminal offense in this state or a substantially equivalent criminal offense in another jurisdiction.

   B. A licensee is not required to comply with a summary action until service has been made or the licensee has actual knowledge of the order, whichever occurs first.

   C. A person whose license is suspended or restricted under this section is entitled to a hearing by the board pursuant to the Uniform Licensing Act within fifteen days from the date the licensee requests a hearing.

History: Laws 2008, ch. 74, § 1.

ANNOTATIONS

Effective dates. — Laws 2008, ch. 74 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 14, 2008, 90 days after the adjournment of the legislature.