New Mexico Medical Board Disciplinary Actions
Summary
The New Mexico Medical Board has issued several disciplinary orders, including license revocations, denials, and stipulations for the second quarter of 2025. These actions address violations of the Medical Practice Act, Impaired Health Care Provider Act, and Uniform Licensing Act, impacting licensed medical professionals in the state.
What changed
The New Mexico Medical Board has taken disciplinary actions against several physicians between April 1 and June 30, 2025. These actions include denying an application for licensure for Kristyn Poncy Menendez, M.D., issuing an order for stipulation on license for Neil Hemant Joshi, M.D., and revoking the license of Richard Gadomski, M.D., due to a default order. Other actions include notices of contemplated action against Jennifer McCain, D.O., and Deborah Hewitt, M.D., for alleged violations related to furnishing information, medical record management, and prescribing practices. Stipulations were also issued for Jeffrey Durham Durgin, M.D., and Asit Bhatt M.D., requiring compliance with conditions from other jurisdictions or wellness programs. Stephen Cain, M.D., was released from a prior stipulation.
These actions highlight the Board's enforcement of the Medical Practice Act, Impaired Health Care Provider Act, and Uniform Licensing Act. Healthcare providers must ensure compliance with all state statutes and board rules regarding licensure, practice standards, record-keeping, and reporting. Failure to comply can result in disciplinary measures, including license denial, revocation, or stipulated restrictions. Specific attention should be paid to requirements for impaired providers and adherence to external disciplinary orders.
What to do next
- Review disciplinary orders for potential impact on practice standards.
- Ensure compliance with all state statutes and board rules regarding licensure and practice.
- Adhere to requirements for impaired providers and external disciplinary orders.
Penalties
License revocation, denial of licensure, stipulated conditions on license, enrollment in wellness programs.
Source document (simplified)
NMMB B O A R D A C T I O N S (Actions taken between April 1, 2025 through June 30, 2025) Kristyn Poncy Menendez, M.D. – N/A – Order Denying Application for Licensure issued based on findings of the Complaint Committee. (Entered: May 13, 2025) Neil Hemant Joshi, M.D. – MD2025-0537 – Order for Stipulation on License issued requiring that Dr. Joshi enroll in the New Mexico Health Wellness Program (NMHPWP) within thirty (30) days following entry of current order and comply with all contract terms and recommendations by NMHPWP, until released by NMHPWP and the Board and will follow any and all terms of contract. This order is based on violations of the Medical Practice Act (MPA), NMSA 1978, Sections 61-6-1 through 35, the Impaired Health care Provider Act, NMSA 1978, Sections 61-7-1 through 12, and the Uniform Licensing Act (ULA), NMSA 1978, Sections 61-1-1 through 34 and rules and regulations of the Board relating to the practice of medicine, Title 16, Chapter 10. (Entered: May 14, 2025) Richard Gadomski, M.D. – MD2019-0803 – Entry of Default and Default Order of Revocation issued based on failing to request a hearing for a Notice of Contemplated Action issued on March 3, 2025. See NMSA 1978, Section 61-1-4 (E).(Entered: May 14, 2025) Jennifer McCain, D.O. – A-2125-18 – Notice of Contemplated Action issued based on allegations of violations of NMSA 1978, Section 61-6-15(D)(23), failure to furnish the board, its investigators or representatives with information requested by the board, Applicable Board rules found at Title 16, Chapter 10, NMAC; and/or Provisions of the Code of Medical Ethics of the America Medical Association(2014-2015 Ed.) as adopted by the Board at Rule 16.10.8.9 NMAC. (Entered: April 17, 2025) Jeffrey Durham Durgin, M.D. – MD2025-0432 – Stipulation of Licensure and Order issued based on restrictions and conditions placed on respondent’s license to practice medicine in the state of Texas. Respondent shall comply with all the terms and conditions of the Texas Order, and with any subsequent orders of the Texas Medical Board relating thereto, within the State of New Mexico. (Entered: April 16, 2025) Asit Bhatt M.D. – MD2013-0700 – Order for Stipulation on License issued requiring that Dr. Bhatt submit to an evaluation with the New Mexico Health Professional Wellness Program (NMHPWP) and comply with any recommendations that may result from that evaluation, Obtain approval from the Board prior to accepting or engaging in any locum tenens employment, and Comply with recommendations set forth in PRC's November 2023 "Assessment Discharge Summary" and the PRC's April 2024 "Treatment Discharge Summary”. (Entered: May 7, 2025) Stephen Cain M.D. – MD2010-0224 – Order of Release from Stipulation of Licensure issued to Respondent stating that the terms, conditions, and/or limitations placed on the Respondent’s license to practice under Stipulation of Licensure are hereby vacated and removed. (Entered: May 6, 2025) Deborah Hewitt, M.D. – 92-74 – Notice of Contemplated Action issued based on allegations of violations of NMSA 1978, Section 61-6-15(D)(26), injudicious prescribing, administering or dispensing of a drug or medicine, NMSA 1978, Section 61-6-15(D)(33),
improper management of medical records, including failure to maintain timely, accurate, legible and complete medical records, NMAC Section 16.10.14.8, prescription monitoring program (PMP) requirements, NMAC Section 16.10.14.9, regulations for the appropriate treatment of pain with controlled substances, Other applicable Board rules found at Title 16, Chapter 10, NMAC; and/or provisions of the Code of Medical Ethics of the American Medical Association as adopted by the Board at Rule 16.10.8.9 NMAC. (Entered: May 21, 2025) Esther Han, M.D. – MD2016-0884 – Notice of Contemplated Action issued based on allegations of violations of Section 61-6-15(D)(21) of the MPA – failure to report to the Board any adverse action taken against the licensee by: (c) a health care entity; and/or (e) a governmental agency, Section 61-6-15(D)(23) of the MPA – failure to furnish the Board, its investigators or representatives with information requested by the Board; and Section 61-6- 15(D)(29) of the MPA – conduct unbecoming in a person licensed to practice or detrimental to the best interests of the public. (Entered: May 22, 2025) Aman Patel, D.O. – DO2022-0133- A Decision and Order was issued based on the Notice of Contemplated Action and Order of Immediate Suspension. The Board voted to adopt the Hearing Officer’s Report and Proposed Findings of Fact as entered on May 22, 2025. Pursuant to its authority under Section 61-6-l5, NMSA 1978, the Board hereby ORDERS that the license to practice medicine as an osteopathic physician in New Mexico issued to Respondent is hereby immediately REVOKED. (Entered June 24, 2025) Gregory Roth, M.D. – MD20180659- Entry of Default and Default Order of Revocation issued based on failing to request a hearing for a Notice of Contemplated Action. See NMSA 1978, Section 61-1-4 (E). Respondent's license to practice as a physician in the State of New Mexico is hereby REVOKED. (Entered June 24, 2024)
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