N.M. Admin. Code § 16.10.5.14

Current through Register Vol. 36, No. 1, January 14, 2025

Section 16.10.5.14 - STIPULATION

A.Power to enter into stipulations: The board may come to an agreement and enter into a stipulation with a licensee at any time. In a stipulation, the parties may agree to any disciplinary or other action that the board is authorized to take by law.

B.Contents: The stipulation shall be in writing, shall contain the agreed upon conditions or restrictions on the licensee and shall be signed by the board and the licensee. The stipulation shall contain statements that the licensee:

(1) knows and understands the applicable statutory and regulatory provisions setting forth the authority and power of the board; and

(2) understands that entering into a stipulation regarding the case results in a waiver of the licensee's rights under the Uniform Licensing Act, the Medical Practice Act, or the Impaired Health Care Provider Act, as applicable, including the right to appeal.

C.Violation of a stipulation: The licensee, by accepting a stipulation, agrees the board may immediately suspend a license if the board has reasonable cause to believe that any term of the stipulation has been violated, without the licensee being given an opportunity to request a hearing. The immediate suspension remains in effect until a further order of the board is entered. The board shall issue a notice of contemplated action within 10 days of the issuance of an immediate suspension. In this case, the stipulation shall provide that the board shall give notice of the disciplinary action to the licensee at the address of record maintained by the board of the licensee pursuant to the provisions of the Uniform Licensing Act. An immediate suspension is separate and distinct from a summary suspension described in 16.10.5.15 NMAC below.

N.M. Admin. Code § 16.10.5.14

16.10.5.14 NMAC - Rp 16 NMAC 10.5.16, 4/18/02; - Repealed, 4/3/05, Amended by New Mexico Register, Volume XXXIII, Issue 03, February 8, 2022, eff. 2/8/2022, Adopted by New Mexico Register, Volume XXXIV, Issue 13, July 18, 2023, eff. 7/7/2023, Adopted by New Mexico Register, Volume XXXIV, Issue 23, December 05, 2023, eff. 12/5/2023