New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS
Part 5 - MEDICATION AIDES
Section 16.12.5.11 - DISCIPLINARY ACTION
Universal Citation: 16 NM Admin Code 16.12.5.11
Current through Register Vol. 35, No. 18, September 24, 2024
A. The board shall conduct hearings upon charges relating to discipline of a CMA/CMA II or the denial, suspension or revocation of a medication aide certificate in accordance with the ULA (Section 61-3-10 NMSA 1978) and 16.12.12 NMAC for the purpose of protecting the public.
B. Grounds for action:
(1) Incapable of functioning as a medication
aide which is defined to include, but not limited to, the following:
(a) inability to function with reasonable
skill and safety as a medication aide 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 consumers in the administration of medications or
failure to conform to the essential standards and prevailing standards of
medication aides, in which actual injury need not be established;
(c) omitting deliberately and failing to
record information regarding medications and medication administration which
could be relevant to the consumer's care;
(d) demonstrating a lack of competence
through repeated medication errors.
(2) Incapable of functioning as a responsible
member of the health care team which is defined to include, but not limited to,
the following:
(a) falsifying or altering
consumer records or personnel records for the purpose that reflect incorrect or
incomplete information;
(b)
misappropriation of money, medications or property;
(c) obtaining or attempting to obtain any fee
for consumer services for one's self or for another through fraud,
misrepresentation or deceit;
(d)
obtaining, possessing, administering or furnishing prescription medications to
any person, including, but not limited to one's self, except as directed by a
person authorized by law to prescribe;
(e) failure to follow established procedures
and documentation regarding controlled substances;
(f) obtaining or attempting to obtain a
certificate to function as a medication aide for one's self or for another
through fraud, deceit, misrepresentation or any other act of dishonesty in any
phase of the certification by examination or recertification process;
(g) failure to report a medication aide, who
is suspected of violating the NPA, administrative rules or 16.12.5
NMAC;
(h) exceeding the scope of
functions of a medication aide;
(i)
intentionally abusing, neglecting or exploiting a consumer;
(j) intentionally engaging in sexual contact
toward or with a consumer;
(k)
administering medications without the supervision/direction of a licensed
nurse;
(l) conviction of a
felony;
(m) dissemination of a
patient/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 hospital/agency policy from
disclosure.
C. Disciplinary proceedings - disciplinary proceedings are conducted in accordance with the administrative rules of the New Mexico board of nursing and pursuant to the Uniform Licensing Act.
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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