NM Medical Board Actions: Fines, Suspensions, Revocations, Surrenders

Detected March 19th, 2026

Summary

The New Mexico Medical Board took various disciplinary actions against healthcare providers between January 1, 2024, and March 31, 2024. Actions included fines, license suspensions, revocations, and voluntary surrenders, often related to adverse actions in other states or failure to report such actions.

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What changed

The New Mexico Medical Board has published a summary of its disciplinary actions taken against medical professionals during the first quarter of 2024. These actions include agreed orders imposing stipulations, reprimands, and fines (e.g., Daniel Mackay, M.D. fined $2,000; Eric Peterson, M.D. fined $16,000), retirement of licenses while under investigation (Elbin Orellana, M.D.), immediate suspensions (Don Hedges, D.O.), and voluntary surrenders of licenses (Scott Smith, M.D.). Several cases involved failure to report adverse actions from other states. One notable case resulted in the revocation of a license due to default order (John Hanley, PA).

These actions highlight the board's enforcement of professional conduct standards, including reporting requirements for out-of-state disciplinary actions, proper record-keeping, and prohibitions against aiding unlicensed practice. Healthcare providers operating in New Mexico must ensure compliance with all state statutes and board orders. Failure to do so can result in significant penalties, including license suspension or revocation. The document also indicates ongoing investigations and contemplated actions against other providers.

What to do next

Review disciplinary actions taken by the NM Medical Board for Q1 2024.
Ensure all out-of-state adverse actions are reported to the NM Medical Board within 30 days.
Verify compliance with all stipulations and orders issued by the NM Medical Board.

Penalties

Fines ranging from $2,000 to $16,000, license reprimands, license suspensions, license revocations, and voluntary license surrenders.

Source document (simplified)

NMMB B O A R D A C T I O N S (Actions taken between January 1, 2024 through March 31, 2024) Daniel Mackay, M.D. – TM2018-0162 – Agreed Order Imposing Stipulations on License, issuance of a Reprimand and a $2,000 fine based upon adverse action and a public reprimand issued in another state. Respondent failed to report this adverse action to the New Mexico Medical Board. (January 2024) Elbin Orellana, M.D. – MD2014-0115 – Agreed Order Accepting Respondent’s Retirement of License While Under Investigation based upon the findings in the Board’s investigation the Respondent agreed to the Board’s request that his license be put on inactive status. In lieu of undergoing a clinical skills competency evaluation, Respondent agreed. to retire from the practice of medicine in New Mexico. (January 2024) Don Hedges, D.O. – A-624-74 – Order of Immediate Suspension issued based upon violation of the Agreed Order Imposing Stipulations on License. (February 2024) Eric Peterson, M.D. – 93-322 -Notice of Contemplated Action based upon aiding and abetting the practice of medicine without a license, contrary to NMSA 1978 61-6-6 and 20. Failure to maintain accurate medical records, contrary to NMSA 1978 61-6-15D(33) and conduct unbecoming in a person licensed to practice or detrimental to the best interests of the public, contrary to NMSA 61-6-15D(27).(February 2024) Matthew Cody, M.D. – MD2021-0003 – Order of Release issued stating that the stipulations placed on Respondent's license to practice medicine are hereby removed and Respondent shall have an unrestricted license to practice medicine in New Mexico. (February 2024) Scott Smith, M.D. – TM2022-0311 – Agreed Order for Voluntary Surrender of License While Under Investigation based upon the Board receiving notification that the respondent had received adverse actions against his license in other states and had permanently surrendered his license in multiple states. Respondent failed to report this information to the New Mexico Medical Board. (February 2024) John Hanley, P.A. – PA2017-0016 – Decision and Order Granting Prosecution’s Motion for Default Order based on Mr. Hanley’s failure to respond or otherwise request a hearing under the Uniform Licensing Act (ULA). This allows the Board to take action as set forth in the December 6, 2023 Notice of Contemplated Action. (February 2024) John Hanley, PA – PA2017-0016 – Order Revoking License based upon the Decision and Order Granting the Motion for Default Action of February 8, 2024. (February 2024)

Eric Peterson, M.D. – 93-322 – Agreed Order and Issuance of Letter of Reprimand and a fine of $16,000.00 based upon Respondent aiding and abetting the practice of medicine without a license, failure to maintain accurate medical records and conduct unbecoming. (February 2024) Sonia Hernandez-Caruso, DO – A-1699-12 – Notice of Contemplated Action issued based upon adverse action taken in another state imposing conditions on respondent’s medical license & failure to notify the Board within 30 days. (February 2024) Don Hedges, D.O. – A-624-74 –Notice of Contemplated Action issued based upon Violation of and failure to comply with the Agreed Order Imposing Stipulations of License issued on July 10, 2023. (February 2024) Forest Henry, D.O. – A-1382-06 – Notice of Contemplated Action issued based on incompetency to practice, contrary to NMSA 61-6-15D(13). (February 2024) Morris Minton, M.D. – Applicant – Notice of Contemplated Action issued based on discipline imposed by another licensing jurisdiction, contrary to NMSA 1978, 61-6-15D(13), misrepresentation on initial application, contrary to NMSA 1978, 61-6-15D(8), incompetence to practice, contrary to NMSA 1978, 61-6-15D(13) and dishonesty, contrary to Board Regulations found in Subsection H of 16.10.8.8 MNAC. (February 2024) Michael Ham, M.D. MD2013-0874 – Notice of Contemplated Action issued based on Respondent’s conviction of an offense punishable by incarceration in a state penitentiary, contrary to NMSA 61-6-15D(6). (February 2024) Eleanor Kelly, M.D. – TM2023-0209 – Agreed Order for Stipulation on License issued. Respondent must sign a mandatory treatment and participation contract with the New Mexico Health Professional Wellness Program and abstain completely from the use of mind-altering substances, alcoholic beverages and controlled substances, except as legitimately prescribed by a licensed physician with prior approval by NMHPWP in consultation with the Board. (March 2024) Vinu Simon Abraham, M.D. – Applicant – Letter of Reprimand issued based upon misrepresentations made on respondent’s application for licensure (March 2024) Gregory Roth, M.D. – MD2018-0659 – Notice of Contemplated Action issued based upon failure to report adverse action on license, NMSA 1978, 61-6-15(D)(14) and (21)(a) and conduct unbecoming in a person licensed to practice or detrimental to the best interests of the public, NMSA 1978, 61-6-15(D)(29). (March 2024) Jefferson Davis, M.D. – Agreed Order for Voluntary Surrender While Under Investigation issued based upon the best interests of the Respondent, the Board and the public and is consistent with the purpose and objective of the MPA. (March 2024)