N.M. Stat. Ann. § 61-6-32 – Termination of suspension of license for mental illness; restoration; terms and conditions

A. A suspension under Paragraph (25) of Subsection D of Section 61-6-15 NMSA 1978 may, in the discretion of the board, be terminated, but the suspension shall continue and the board shall not restore to the former practitioner the privilege to practice medicine in this state until:
1. (1) the board receives competent evidence that the former practitioner is not mentally ill; and
2. (2) the board is satisfied, in the exercise of its discretion and with due regard for the public interest, that the practitioner's former privilege to practice medicine may be safely restored.
B. If the board, in the exercise of its discretion, determines that the practitioner's former privilege to practice medicine may be safely restored, it may restore the privilege upon whatever terms and conditions it deems advisable. If the practitioner fails, refuses or neglects to abide by the terms and conditions, the practitioner's license to practice medicine may, in the discretion of the board, be again suspended indefinitely.

History: 1953 Comp., § 67-5-26, enacted by Laws 1961, ch. 130, § 3; 1978 Comp., § 61-6-31, recompiled as § 61-6-32 by Laws 1989, ch. 269, § 28; 2021, ch. 54, § 45.

ANNOTATIONS

Recompilations. — Laws 1989, ch. 269, § 31 recompiled former 61-6-32 NMSA 1978, relating to termination of agency life, as 61-6-35 NMSA 1978, effective July 1, 1989.

Laws 2014, ch. 44, § 1 repealed 61-6-35 NMSA 1978 effective May 21, 2014.

The 2021 amendment, effective June 18, 2021, removed "surgery" from the provisions of the section; in Subsection A, after "practice medicine", deleted "and surgery", and in Paragraph A(2), after "privilege to practice medicine", deleted "and surgery".

The 1989 amendment, effective July 1, 1989, renumbered this section, which formerly was 61-6-31 NMSA 1978; added the catchline; designated the formerly undesignated introductory paragraph as Subsection A, substituting therein "under Paragraph (25) of Subsection D of Section 61-6-15 NMSA 1978" for "under Section 1 of this act"; redesignated former Subsections A and B as present Subsections A(1) and A(2), respectively, and former Subsection C as present Subsection B, deleting "and surgery" following "medicine" in both sentences therein; and made minor stylistic changes.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 52.