Section 61-14D-16 - Disciplinary proceedings; judicial review; application of Uniform Licensing Act. (Repealed effective July 1, 2016.)
61-14D-16. Disciplinary proceedings; judicial review; application of Uniform Licensing Act. (Repealed effective July 1, 2016.)
A. In accordance with the provisions of the Uniform Licensing Act [61-1-1 NMSA 1978], the board may deny, revoke or suspend any license held or applied for under the Athletic Trainer Practice Act upon findings by the board that the licensee or applicant:
(1) is guilty of fraud, deceit or misrepresentation in procuring or attempting to procure a license provided for in the Athletic Trainer Practice Act;
(2) has been convicted of a felony. A certified copy of the record of conviction shall be conclusive evidence of such conviction;
(3) is guilty of incompetence;
(4) is guilty of unprofessional conduct;
(5) is guilty of dispensing, administering, distributing or using a controlled substance, as defined in the Controlled Substances Act [30-31-1 NMSA 1978], or is addicted to any vice to such a degree that it renders him unfit to practice as an athletic trainer;
(6) has violated any provisions of the Athletic Trainer Practice Act;
(7) is guilty of willfully or negligently practicing beyond the scope of athletic training as defined in the Athletic Trainer Practice Act;
(8) is guilty of aiding or abetting the practice of athletic training by a person not licensed by the board;
(9) is guilty of practicing without a provisional permit or license in violation of the Athletic Trainer Practice Act and its regulations; or
(10) has had a license, certificate or registration to practice as an athletic trainer revoked, suspended or denied in any jurisdiction, territory or possession of the United States or another country for actions of the licensee similar to acts described in this subsection. A certified copy of the record of the jurisdiction taking such disciplinary action shall be conclusive evidence of the revocation, suspension or denial.
B. Disciplinary proceedings may be instituted by the sworn complaint of any person and shall conform to the provisions of the Uniform Licensing Act. Any party to a hearing may obtain a copy of the hearing record upon payment of costs for the copy.
C. Any person filing a sworn complaint shall be immune from liability arising out of civil action, provided the complaint is filed in good faith and without actual malice.