N.M. Stat. § 61-7-8
Proceedings.
A. The board may formally proceed against a health care provider under the
Impaired Health Care Provider Act in accordance with the procedures contained in the
Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
B. At the conclusion of a hearing, the board shall make the following findings:
(1)
whether the health care provider is impaired by one of the grounds for
restriction, suspension or revocation listed in Section 61-7-3 NMSA 1978;
(2)
whether the impairment, if found in Paragraph (1) of this subsection, does
in fact limit the health care provider's ability to practice skillfully or safely;
(3)
to what extent the impairment limits the health care provider's ability to
practice skillfully or safely and whether the board finds that the impairment is such that
the health care provider's license, registration or certification should be suspended,
revoked or restricted; and
(4)
if the finding in Paragraph (3) of this subsection recommends suspension
or restriction of the health care provider's ability to practice, the board shall make
specific recommendations as to the length and nature of the suspension or restriction
and shall recommend how the suspension or restriction shall be carried out and
supervised.
C. At the conclusion of a hearing, the board shall make a determination of the merits
and may order one or more of the following:
(1)
placement of the health care provider on probation on such terms and
conditions as it deems proper for the protection of the public;
(2)
suspension or restriction of the license of the health care provider to
practice for the duration of the impairment;
(3)
revocation of the license, registration or certification of the health care
provider to practice; or
(4)
reinstatement of the health care provider's license, registration or
certification to practice without restriction.
D. The board may temporarily suspend the license, registration or certification of
any health care provider without a hearing, simultaneously with the institution of
proceedings under the Impaired Health Care Provider Act or the Uniform Licensing Act,
if it finds that the evidence in support of the examining committee's determination is
clear and convincing and that the health care provider's continuation in practice would
constitute an imminent danger to public health and safety. The health care provider
shall be entitled to a hearing to set aside the suspension no later than sixty days after
the license is suspended.
E. Neither the record of the proceeding nor any order entered against a health care
provider may be used against the health care provider in any other legal proceeding
except upon judicial review as provided in Section 61-7-10 NMSA 1978.