New Mexico § 61-3-28 - Disciplinary proceedings; judicial review; application of uniform licensing act; limitation

§ 61-3-28. Disciplinary proceedings; judicial review; application of uniform licensing act; limitation

A. In accordance with the procedures contained in the Uniform Licensing Act, the board

may deny, revoke or suspend any license held or applied for under the Nursing Practice

Act, reprimand or place a licensee on probation or deny, limit or revoke the multistate

licensure privilege of a nurse desiring to practice or practicing professional registered

nursing or licensed practical nursing as provided in the Nurse Licensure Compact upon

grounds that the licensee, applicant or nurse: (1) is guilty of fraud or deceit in procuring or attempting to procure a license or

certificate of registration; (2) is convicted of a felony; (3) is unfit or incompetent; (4) is intemperate or is addicted to the use of habit-forming drugs; (5) is mentally incompetent; (6) is guilty of unprofessional conduct as defined by the rules and regulations adopted

by the board pursuant to the Nursing Practice Act; (7) has willfully or repeatedly violated any provisions of the Nursing Practice Act,

including any rule or regulation adopted by the board pursuant to that act; (8) was licensed to practice nursing in any jurisdiction, territory or possession

of the United States or another country and was the subject of disciplinary action

as a licensee for acts similar to acts described in this subsection. A certified copy of the record of the jurisdiction, territory or possession of the

United States or another country taking the disciplinary action is conclusive evidence

of the action; or (9) uses conversion therapy on a minor. B. Disciplinary proceedings may be instituted by any person, shall be by complaint

and shall conform with the provisions of the Uniform Licensing Act. Any party to the hearing may obtain a copy of the hearing record upon payment of

costs for the copy. C. Any person filing a complaint shall be immune from liability arising out of civil

action if the complaint is filed with reasonable care. D. The board shall not initiate a disciplinary action more than two years after the

date that it receives a complaint. E. The time limitation contained in Subsection D of this section shall not be tolled

by any civil or criminal litigation in which the licensee or applicant is a party,

arising substantially from the same facts, conduct, transactions or occurrences that

would be the basis for the board's disciplinary action. F. The board may recover the costs associated with the investigation and disposition

of a disciplinary proceeding from the nurse who is the subject of the proceeding if

the nurse is practicing professional registered nursing or licensed practical nursing

pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact. G. As used in this section: (1) “ conversion therapy ” means any practice or treatment that seeks to change a person's sexual orientation

or gender identity, including any effort to change behaviors or gender expressions

or to eliminate or reduce sexual or romantic attractions or feelings toward persons

of the same sex. “Conversion therapy” does not mean: (a) counseling or mental health services that provide acceptance, support and understanding

of a person without seeking to change gender identity or sexual orientation; or (b) mental health services that facilitate a person's coping, social support, sexual

orientation or gender identity exploration and development, including an intervention

to prevent or address unlawful conduct or unsafe sexual practices, without seeking

to change gender identity or sexual orientation; (2) “ gender identity ” means a person's self-perception, or perception of that person by another, of the

person's identity as a male or female based upon the person's appearance, behavior

or physical characteristics that are in accord or opposed to the person's physical

anatomy, chromosomal sex or sex at birth; (3) “ minor ” means a person under eighteen years of age; and (4) “ sexual orientation ” means heterosexuality, homosexuality or bisexuality, whether actual or perceived.