STIPULATIONS OF THE PARTIES

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


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


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

mailto:[email protected]





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


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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Documents

STIPULATIONS OF THE PARTIES