BEFORE THE NEW MEXICO MEDICAL BOARD
IN THE MATTER OF KEITH LEVITT, M.D.
License No. MD 2012-0646
Respondent.
) ) ) ) ) )
Case No. 2021-007 (2017-028)
AGREED ORDER FOR VOLUNTARY SURRENDER OF LICENSE
The New Mexico Medical Board ("Board") and Keith Levitt, M.D. ("Respondent")
(together, "the Parties") jointly approve this Agreed Order for Voluntary Surrender of License
(" Agreed Order").
STIPULATIONS OF THE PARTIES
The Parties stipulate that Respondent holds license number MD2012-0646 and is
subject to the jurisdiction of the Board pursuant to the Medical Practices Act (MPA), NMSA
1978, §§ 61-6-1 through-35 (1989, as amended through.2017), the Uniform Licensing Act
(ULA), NMSA 1978, § § 61-1-1 through-34 (1953, as amended through 2017), and the Rules
of the Board ("Rules"), Title 16, Chapter 10, NMAC.
The Parties stipulate that Respondent entered into a Stipulation ofLicensure with the
Board on July 5, 2017, in Case 2017-028, which required Respondent to enroll in the New
Mexico Monitored Treatment Program, now known as the New Mexico Health Professional
Wellness Program ( .. MTP/NMHPWP"), and to comply with specific tenns and conditions of
the Stipulation.
The Parties further stipulate that any violation by Respondent of the Stipulation of
Licensure would constitute "conduct unbecoming in a person licensed to practice medicine" as
set forth in NMSA 1978, § 61-6-15(D)(29), and would result in the immediate suspension of
1
New Mexico Medical Board
ENTERED
06/24/2021
Certificate of Service
I hereby certify that a true and correct copy of the Agreed Order was sent via electronic mail to Respondent's Counsel and to Prosecution for the Board on June 24, 2021.
Elishia F. Lucero
Administrative Assistant
BEFORE THE NEW MEXICO MEDICAL BOARD
IN THE MATTER OF ) KEITH LEVITT, M.D. ) Case No. 2021-007 License No. MD2012-0646 ) (2017-028)
) Respondent. )
__________________________________
NOTICE OF CONTEMPLATED ACTION
YOU ARE HEREBY NOTIFIED the New Mexico Medical Board ("Board")
“has before it sufficient evidence that, if not rebutted or explained, will justify the
[B]oard in taking…. action” against you up to and including revocation of your license.
See NMSA 1978, § 61-1-4(D) (stating the requirements for the Board’s written notice to
a licensee); NMSA 1978, § 61-1-3 (requiring written notice before the Board takes action
and describing the actions the Board may take).
Board Jurisdiction and Authority
1. You are subject to the Board’s jurisdiction pursuant to the Medical
Practice Act (MPA), NMSA 1978, Sections 61-6-1 to -35, and the Uniform Licensing
Act (ULA), NMSA 1978, Sections 61-1-1 to -34, because you hold a license to practice
in New Mexico or you held a license at the time the Board initiated its investigation into
your conduct.
2. The Board has authority to issue this Notice of Contemplated Action
(NCA) under Section 61-6-15 of the MPA and Section 61-1-4(D) of the ULA.
Public Action
3. This NCA is a public document, open to public inspection, but its issuance
does not constitute a disciplinary event reportable to the National Practitioner Data Bank
(NPDB).
Evidence Supporting Contemplated Action
4. Credible evidence possessed by the Board supports the following factual
allegation(s) –
a. In Case No. 2017-028 before the Board, you entered into a Stipulation of
New Mexico Medical Board ENTERED 04/16/2021
Licensure (“Stipulation”) which required you to participate in the New Mexico
Monitored Treatment Program (MTP), now known as New Mexico Health Professional
Wellness Program (HPWP), for treatment monitoring. The Board required you to abstain
completely from the use of mind-altering substances, alcohol, and controlled substances
except as legitimately prescribed by a licensed physician; that you enroll in and maintain
compliance with MTP/HPWP for habitual or excessive use of intoxicants or drugs or
alcohol; that you be monitored by a workplace monitor; that you submit quarterly reports
to the Board attesting to your compliance; and that you comply with all federal, state and
local laws and all rules governing the practice of medicine. The stipulations
memorializing the Board’s requirements provided that any violation of the terms of the
stipulation by you would constitute “conduct unbecoming in a person licensed to practice
medicine” pursuant to NMSA 1978, § 61-6-15(D)(29). See Stipulation of Licensure
dated July 5, 2017.
b. You have resumed the personal and unlawful use of mind-altering substances,
namely, one or more opioid drugs that were not legitimately prescribed to you and have
used other illicit drugs since at least 2019.
c. You have resumed the unlawful use of mind-altering substances in the
workplace at Pain and Recovery Center when patients were present, which interfered
with the orderly conduct of patient care, or which could reasonably be expected to
adversely impact the quality of care rendered to a patient.
d. You personally took possession of controlled substances you had ordered
as office stock at Pain and Recovery Center, specifically Ketamine, upon your separation
from employment with Pain and Recovery Center.
e. On one or more occasions, you directed non-physician subordinate
employees to submit opioid prescriptions written to you as a patient to pharmacies using
another practitioner’s controlled substance registration and credentials for your unlawful
personal use.
f. On one or more occasions, you engaged in disruptive behavior in the
workplace which interfered with the orderly conduct of patient care, or which could
reasonably be expected to adversely impact the quality of care rendered to a patient.
g. You have failed to be honest and forthright with MTP/HPWP and the
Board about your use of controlled substances and other illicit drugs.
5. If a preponderance of the evidence establishes the accuracy of any or all
of these allegations, the Board may conclude you engaged on conduct subjecting you to
discipline under the MPA and the rules and regulations of the Board (“the Board’s
Rules”), found at Title 16, Chapter 10, NMAC, such as –
a. conduct contemplated by the non-exclusive definitions of “unprofessional
or dishonorable conduct” contained in the MPA and the Board’s Rules, see, e.g., NMSA
1978, § 61-6-15(D)(7), habitual or excessive use of intoxicants or drugs; NMSA 1978, §
61-6-15(D)(18), conduct likely to deceive, defraud or harm the public; NMSA 1978, §
61-6-15(D)(29), conduct unbecoming in a person licensed to practice or detrimental to
the best interests of the public; NMSA 1978, § 61-6-15(D)(36), interaction with
physicians, hospital personnel, patients, family members or others that interferes with
patient care or could reasonably be expected to adversely impact the qualify of care
rendered to a patient, and/or
b. Board Rule 16.10.8.8 (C), violating a narcotic or drug law; Board Rule
16.10.8.8 (H), dishonesty; and Board Rule 16.10.8.8 (K), violation of a term of a
stipulation, and/or
c. 16.10.8.9 NMAC (adopting the AMA code of ethics, which require
adherence to the principles of professionalism, honesty, and respect for the law at all
times).
6. The Board’s investigation is ongoing. Subject to the requirements of due
process, the Board may amend the allegations set forth above at any time prior to the
conclusion of any evidentiary hearing that may be held in connection with this NCA to
reflect additional evidence supporting the imposition of disciplinary sanctions.
Your Rights
7. Section 61-1-3 of the ULA entitles you to a hearing on the allegation(s)
contained in this NCA. You secure your right to a hearing by submitting a request to the
Board. Your request must be in writing, addressed to the Board, and delivered by
certified mail, return receipt requested. You must deposit your request for a hearing in
the mail within twenty days following your receiving service of this NCA. NMSA 1978,
§ 61-1-4(D)(3).
8. If you do not request a hearing within twenty days following service of
this NCA, the Board may take action against your license up to and including revocation
of your license to practice in New Mexico. In accordance with Section 61-1-4(E) of the
ULA, that action will be final and not subject to judicial review.
9. Section 61-1-8 of the ULA entitles you to certain rights in connection with
any hearing that may be held on this matter –
a. At the hearing, you have the right (1) to be represented by counsel or by a
licensed member of your profession or both, (2) to present all relevant evidence by means
of witnesses, book, papers, documents, and other evidence, and (3) to question all
opposing witnesses who may appear on any matter relevant to the issues.
b. Within ten days after you submit a written request to the Board, you are
entitled (1) to receive the names and addresses of witnesses the Board will or may call to
testify at the hearing, and (2) to inspect or copy any documents or items the Board will or
may offer as evidence at the hearing.
c. In advance of the hearing, you have the right to have subpoenas issued to
third parties compelling them (1) to produce relevant books, papers, documents, and
other evidence, and (2) to appear as witnesses on your behalf. Subpoenas must be
presented in an acceptable form and will be issued, absent objection, following your
written request to the Hearing Officer assigned to your case. After commencement of the
hearing, the issuance of subpoenas is at the discretion of the Hearing Officer.
d. Like the Board, you may take and use depositions, subject to the notice
and use provisions of the Rules of Civil Procedure for the District Courts.
Costs
10. Under Section 61-1-4(G) of the ULA, if the Board takes action against
your license as defined in Section 61-1-3 of the ULA, you will be required to reimburse
the Board for the costs of its proceedings unless the Board excuses some or all of those
costs.
NEW MEXICO MEDICAL BOARD
_______________________________ Sondra Frank, J.D., Executive Director
Certificate of Service
I certify –
1. I sent this NCA to Respondent via first-class certified mail (return receipt requested) addressed to Respondent at the address he maintains with the Board at –
Keith Levitt, M.D. 8100 Wyoming Blvd. NE #712 Albuquerque, NM 87113 And by email addressed to [email protected] and [email protected] 2. I emailed a copy of this NCA to Paul Linnenburger, who has been
representing Respondent prior to issuance of this NCA, at [email protected].
3. I emailed a copy of this NCA to the Board’s counsel Margaret McLean at [email protected]
__________________ ______________________________ Date Elishia F. Lucero
Administrative Assistant
04/16/2021
BEFORE THE NEW MEXICO MEDICAL BOARD
IN THE MATTER OF )
KEITH LEVITT, M.D., )
License No. MD2012-0646, ) Case No. 2017-028
)
Respondent. )
)
ORDER OF IMMEDIATE SUSPENSION
YOU ARE HEREBY NOTIFIED, pursuant to 16.10.5.15(C) NMAC and Paragraph 8
of the July 5, 2017, Stipulation of Licensure into which you and the New Mexico Medical Board
(“the Board”) entered on July 5, 2017 (“the Stipulation”), the Board, at its meeting on April 1,
2021,
FOUND reasonable cause to believe that you have violated the Stipulation and have
engaged in conduct unbecoming in a person licensed to practice medicine in New Mexico, see
NMSA 1979, Section 61-6-15(D)(29), and
ORDERED your license to practice medicine in the State of New Mexico immediately
SUSPENDED pending entry of a decision and order on the Notice of Contemplated Action
(NCA). The NCA shall be issued by the Board within ten days following entry of this Order.
You are entitled to a formal hearing on the NCA in accordance with the Uniform Licensing
Act, NMSA 1978, §§ 61-1-1 through -33.
Compliance with Order
Immediate suspension of your license requires you to refrain from any and all conduct
constituting the practice of medicine, as “the practice of medicine” is defined in the MPA. See
NMSA 1978, § 61-6-6(K) (defining “the practice of medicine”); see also NMSA 1978, § 61-6-
15(C) (a person who practices, attempts to practice or offers to practice in New Mexico
New Mexico Medical Board ENTERED 04/07/2021
following suspension of his or her license commits a felony).
NEW MEXICO MEDICAL BOARD
Sondra Frank, Esq. Executive Director
Certificate of Service
I certify I sent this Notice of Summary Suspension to Respondent’s counsel, Paul
Linenberger, Esq., by email addressed to [email protected] pursuant to
Respondent’s willingness to accept email service.
04/07/2021
Date Elishia F. Lucero Administrative Assistant
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