Current through Register Vol. 35, No. 18, September 24, 2024
A.
Authority: The board may deny, revoke, or suspend a license held or applied for
under the Lactation Care Provider Act; or reprimand or place a license on
probation with conditions on the grounds stated in Section
61-3B-6 NMSA 1978.
B. For the purpose of Section
61-3B-6 NMSA 1978, "incompetence"
is defined as follows: In performing lactation care and service functions,
whether direct patient care or the administration or management of that care, a
licensee is under a legal duty to possess and to apply the knowledge, skill and
care that is ordinarily possessed and exercised by other licensees of the same
certification status and required by the generally accepted standards, of the
profession including those standards set forth in these rules. The failure to
possess or to apply to a substantial degree such knowledge, skill and care
constitutes incompetence for purposes of disciplinary proceedings. Charges of
incompetence may be based on a single act of incompetence or on a course of
conduct or series of acts or omissions, which extend over a period of time and
which, taken as a whole, demonstrates incompetence. It shall not be necessary
to show that actual harm resulted from the act or omission or series of acts or
omissions, so long as the conduct is of such a character that harm could have
resulted to the patient or client or to the public from the act or omission or
series of acts or omissions.
C. For
the purpose of Section
61-3B-6 NMSA 1978, "unprofessional
conduct" includes, but is not limited to, the following:
(1) dissemination of a patient or client's
health information or treatment plan acquired during the course of employment
to individuals not entitled to such information and where such information is
protected by law or organization policy from disclosure;
(2) falsifying or altering patient or client
records or personnel records for the purpose of reflecting incorrect or
incomplete information;
(3)
misappropriation of money, drugs or property;
(4) obtaining or attempting to obtain any fee
for patient or client services for one's self or for another through fraud,
misrepresentation, or deceit;
(5)
aiding, abetting, assisting or hiring an individual to violate the lactation
care provider act or duly promulgated rules of the board;
(6) failure to make or keep accurate,
intelligible entries in records as required by law, policy and standards for
the practice of lactation care and services;
(7) obtaining or attempting to obtain a
license to practice lactation care and services for one's self or for another
through fraud, deceit, misrepresentation or any other act of dishonesty in any
phase of the licensure process;
(8)
failure to report a licensee who is suspected of violating the New Mexico
Lactation Care Provider Act or rules;
(9) intentionally engaging in sexual contact
with or toward a patient or client in a manner that is commonly recognized as
outside the scope of practice of the individual licensee;
(10) abandonment, which occurs when the
licensee has accepted an assignment to provide care, service, or treatment to a
patient or client, thus establishing a professional relationship, and then
abruptly severed the relationship without reasonable notice provided to the
patient or client; and distinguished from contractual disagreements,
termination, or other employment issues;
(11) engaging in the practice of lactation
care and services when judgment or physical ability is impaired by alcohol or
drugs or controlled substances;
(12) committing acts which constitute grounds
for disciplinary action pursuant to Paragraph (1) and (2) of Subsection A of
Section 61-3B-6 NMSA 1978 where the
conviction arises from employment as a lactation care provider, Paragraph (3)
and (4) of Subsection A of Section
61-3B-6 NMSA 1978 where the
intemperance, addiction, incompetence or unfitness has manifested itself during
the course of employment as a lactation care provider in a fashion which is
contrary to the provision of good health care, and Paragraph (6) of Subsection
A of Section
61-3B-6 NMSA 1978;
(13) practice which is beyond the scope of
licensure;
(14) verbally or
physically abusing a patient, client or colleague;
(15) failure to maintain appropriate
professional boundaries which may cause harm to the patient;
(16) failure to comply with any other
requirement provided by these rules.
