New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS
Part 4 - HEMODIALYSIS TECHNICIANS
Section 16.12.4.11 - DISCIPLINARY ACTION

Universal Citation: 16 NM Admin Code 16.12.4.11

Current through Register Vol. 35, No. 18, September 24, 2024

The board shall conduct hearings upon charges relating to discipline of a CHT, CHT I and CHT II, and may deny, place on probation, suspend or revoke a hemodialysis technician certificate in accordance with the Uniform Licensing Act Section 61-1-1 NMSA 1978 and 16.12.12 NMAC.

A. Grounds for disciplinary action:

(1) "Incompetence" which is defined to include, but not limited to, the following:
(a) inability to function with reasonable skill and safety as a CHT, CHT I and CHT II for any reason including, but not limited to, the use of drugs, alcohol or controlled substances which could impair judgment;

(b) performance of unsafe or unacceptable care of patients receiving dialysis treatments or failure to conform to the essential and prevailing standards of CHTs, CHT Is and CHT IIs;

(c) omitting to record information regarding procedures performed and care provided which could be relevant to the patient's care;

(d) failure to report information regarding the consumer's treatment or health status to appropriate person which could be relevant to the patient's care and status;

(e) demonstrating a lack of competence in providing care to patient's receiving a dialysis treatment.

(2) "Unprofessional conduct", which is defined to include, but not limited to, the following:
(a) falsifying or altering patient records or personnel record for the purpose of reflecting incorrect or incomplete information;

(b) misappropriation of money, drugs, or property;

(c) obtaining or attempting to obtain any fee for patient services for one's self or for another through fraud, misrepresentation or deceit;

(d) obtaining, possessing, administering or furnishing prescription drugs to any person, including, but not limited to one's self, except as directed by a person authorized by law to prescribe;

(e) obtaining or attempting to obtain a certificate to function as a CHT, CHT I or CHT II for one's self or for another through fraud, deceit, misrepresentation or any other act of dishonesty in any phase of the certification or recertification process;

(f) functioning as a CHT, CHT I and CHT II in NM without a valid, current New Mexico certificate, or aiding, abetting or assisting another to function as a CHT, CHT I and CHT II without a valid, current New Mexico certificate;

(g) failure to report a CHT, CHT I and CHT II who is suspected of violating the NPA or rules for certification of hemodialysis technicians;

(h) exceeding the scope of function of a CHT, CHT I and CHT II;

(i) intentionally abusing, neglecting or exploiting a patient;

(j) intentionally engaging in sexual contact toward or with a patient;

(k) felony conviction;

(l) dissemination of a patient'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 hospital/agency policy from disclosure;

(m) failure to maintain appropriate professional boundaries which may cause harm to the patient.

B. Disciplinary proceedings are conducted in accordance with 16.12.2 NMAC Nurse Licensure.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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