Current through Register Vol. 35, No. 18, September 24, 2024
A. The board shall conduct all disciplinary
and application proceedings in accordance with the Uniform Licensing Act and
the Open Meetings Act.
B. Filing of
a complaint:
(1) A person must file a written
complaint with the board before the board can initiate disciplinary
proceedings.
(2) Any person,
including a member of the public, a member of the board, or an employee of the
board, may file a complaint.
(3) A
nurse or certificate holder who suspects that another nurse or certificate
holder has violated any provision of the Nursing Practice Act or rules of the
board must file a written complaint with the board, unless the nurse or
certificate holder suspected of violating the Nursing Practice Act or rules of
the board is a patient and patient confidentiality therefore applies.
C. Investigation of a complaint:
(1) The board's staff may investigate
complaints to determine whether a violation of law has occurred.
(2) The executive director or, in the
director's absence, an assistant director or designee may authorize and sign
investigative subpoenas in connection with any investigation.
(3) Upon receipt of a complaint, board staff
may forward the complaint to the applicable licensee or certificate holder and
request a response within 10 business days of receipt. A licensee or
certificate holder's failure to respond to the complaint within this specified
time frame shall be grounds for disciplinary action, up to and including
revocation of the license at the discretion of the board.
D. Notices of contemplated action:
(1) The board's administrative prosecutor
shall draft all notices of contemplated action.
(2) The executive director or, in the
director's absence, an assistant director or designee shall sign all notices of
contemplated action on behalf of the board.
E. Notices of hearings: Upon receipt of a
respondent's timely request for hearing, the hearing officer or board staff
shall, without exception, set the matter for a hearing as required by the
Uniform Licensing Act. One or both parties may file a motion to continue or
stay proceedings only after the issuance of the notice of hearing, subject to
other limitations as provided in these rules.
F. Settlement agreements: The board
encourages settlement agreements throughout the disciplinary process as a means
of resolving cases in a mutually satisfactory manner without the time and
expense of formal hearings.
(1) If the
administrative prosecutor and the licensee or certificate holder agree upon a
settlement agreement to propose to the board, the parties shall present the
agreement in writing to the board for consideration and possible approval at a
meeting.
(2) The proposed agreement
is not binding on the board until approved by the board at a meeting. The board
may approve, reject, or propose an amendment to any proposed stipulation and
agreement.
(3) No board member may
be presumed to be biased or excused for cause based solely on the basis that
the member considered, approved, or rejected a proposed settlement, consent
agreement, or other proposal for the resolution of a pending disciplinary
case.
G. Default orders:
If the licensee or applicant does not respond to the notice of contemplated
action by timely requesting a hearing on the matter, the board may take the
action contemplated in the notice of contemplated action at a meeting and that
action shall be final.
H. Requests
to reopen: An applicant who has been denied a license or certificate in New
Mexico or a licensee or certificate holder who has had disciplinary action
taken by the board and who wishes to have the case reopened may submit a
written request to reopen their case prior to filing a petition for review with
the district court. The administrative prosecutor shall be given an opportunity
to respond to any written request to reopen a case.
