New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 26 - HEARING, SPEECH AND AUDIOLOGY PRACTITIONERS
Part 8 - PROCEDURES FOR DISCIPLINARY ACTION
Section 16.26.8.12 - DISCIPLINARY ACTION
Current through Register Vol. 35, No. 18, September 24, 2024
In accordance with the Uniform Licensing Act, the board has authority to impose penalties in disciplinary matters and may deny, revoke, suspend or impose conditions on a license. The Uniform Licensing Act allows discipline in many forms including but not limited to fines, letters of reprimand, corrective action plans, suspension, and revocation of license.
A. Formal letter of reprimand: The board shall have discretionary authority to issue formal letters of reprimand or warning instead of revocation or suspension. Issuance of formal letters of reprimand shall be subject to the provisions of the Uniform Licensing Act and shall be matters of public record.
B. Notice of Contemplated Action: The board may issue a notice of contemplated action (NCA) when appropriate.
(C). Prehearing motions: The board may appoint a hearing officer to decide non-dispositive motions filed prior to a hearing. Until such time as the board appoints a hearing officer, the chair of the board shall serve as hearing officer.
(D). Settlement agreements: Following the issuance of a notice of contemplated action, the board may enter into a settlement agreement with the respondent as a means of resolving a complaint.
(E). Costs of disciplinary proceedings: Licensees or applicants shall bear all costs of disciplinary proceedings unless they are excused by the board from paying all or part of the fees, or if they prevail at the hearing and an action in Section 61-1-3 NMSA 1978 of the Uniform Licensing Act is not taken by the board.
(F). Uniform licensing provisions: In accordance with Subsection G of Section 61-1-7 NMSA 1978 of the Uniform Licensing Act, a licensee who directly or through an agent intimidates, threatens, injures or takes any adverse action against a person for providing information to the board shall be subject to disciplinary action.
(G). License returned to the board: Any license, renewal license or temporary permit issued by the board must be returned to the board subsequent to revocation or suspension. Unless otherwise ordered by the board, a licensee or permit holder whose license has been suspended or revoked must return the license or permit to the board no later than 30 days from reciept of a final order of suspension or revocation.
(H). Federal fraud and abuse data bank: As required by federal law, final adverse disciplinary actions taken by the board against applicants or licensees will be reported to the federal health care integrity and protection data bank (or its successor data bank), which was established by the enactment of the federal Health Insurance Portability and Accountability Act of 1996.
