Current through Register Vol. 35, No. 18, September 24, 2024
A.
Complaint/Incident Procedures: Any person may communicate a complaint or
knowledge of an incident to the bureau. Complaints shall be submitted in signed
written form to the bureau as soon as practical. The bureau may begin an
investigation if there is sufficient cause.
(1) When a complaint is received by the
bureau, written acknowledgement shall be made within 10 working days and the
staff shall decide whether or not a preliminary or formal investigation of the
complaint shall be initiated.
(2)
If no investigation is warranted, the service or person filing the complaint
will be notified, as determined by the bureau.
(3) Services being formally investigated
shall receive written notification within ten (10) working days after a
decision is made to begin a formal investigation, unless extenuating
circumstances exist which would reasonably preclude notification.
(4) At the conclusion of the bureau's formal
investigation, the bureau may report its findings to the investigated service
in written form. If the bureau investigation warrants disciplinary action
against a service, the service will be given a notice of contemplated action
(see right to appeal and hearing in 7.27.15.D NMAC).
(5) If the bureau makes a good faith judgment
that the health and/or safety of the public would be jeopardized, it may take
immediate action to suspend an air ambulance service's certification to prevent
a service from operating within New Mexico. The suspended service shall be
afforded an expedited appeal and hearing process.
B. Investigations: Investigations shall
normally be conducted by the bureau.
(1)
Preliminary Investigations: When the bureau receives information that might
form the basis for disciplinary action against a service, it shall begin a
preliminary investigation. This is a fact finding/information gathering
investigation that will attempt to determine for the bureau whether
justification exists to initiate an action or to conduct a formal
investigation.
(2) Formal
Investigations: Formal investigations are for the purpose of obtaining
additional information to allow the bureau to determine if it will initiate an
action. Notice will be given to the service that is the subject of the formal
investigation, unless extenuating circumstances exist which would reasonably
preclude notification.
(3)
Confidentiality: The bureau will take every precaution to insure that
investigations are conducted in a confidential manner.
(4) Records: An official record is maintained
for every New Mexico air ambulance service, certified under these rules. If the
bureau begins an investigation, a separate confidential record will be created
containing all investigation material. If the bureau initiates an action, all
records not exempt from disclosure under the inspection of public records act,
sections
14-2-1,
et seq., NMSA 1978, will be placed in the service's official record. Any
request for records maintained by the bureau will be processed in accordance
with the inspection of public records act.
C. Grounds For Denial, Suspension, and
Revocation: Air ambulance certification may be denied, suspended or revoked
based on the following grounds:
(1) fraud,
deceit, misrepresentation in obtaining certification, including
misrepresentation during the initial or renewal certification
process;
(2) failure to meet any
certification/accreditation requirements including failing to acquire and/or
maintain accreditation with the commission on accreditation of medical
transport systems (CAMTS) as outlined in these rules;
(3) negligence in the delivery of air
ambulance medical services, including, but not limited to:
(a) malpractice and/or substandard medical
care or treatment; or
(b) using
non-licensed personnel or personnel performing outside the standard of
care/scope of practice; or
(c)
failure to have operational equipment and failure to carry the required
equipment, or inappropriate use of equipment during a flight; or
(d) unauthorized disclosure of medical or
other confidential information;
(4) loss of federal aviation administration
certification or failure to notify the bureau of such loss of
certification;
(5) loss of CAMTS
accreditation or failure to notify the bureau of such loss of
accreditation;
(6) failure to
report revocation, suspension, denial, or other adverse actions taken in any
other state or jurisdiction affecting the ability to provide air ambulance
services;
(7) performing air
ambulance operations without being certified by the department to perform the
authorized level of service, including providing service after expiration of a
certification;
(8) the use of any
false, fraudulent, or deceptive statement in any document connected with the
operation of an air ambulance service;
(9) failure to cooperate with an
investigation or to furnish the bureau with requested information;
(10) failure to report required
documentation, including patient run report data;
(11) failure of a service to comply with the
rotor wing response protocol or the fixed/rotor wing inter-facility
transportation protocol as outlined in these rules.
D. Right to Appeal: Any service may appeal a
decision by the department to deny, suspend or revoke air ambulance
certification as provided below:
(1) denial of
initial certification: any air ambulance service applying for certification may
appeal to the department a denial of an application for
certification;
(2) suspension or
revocation of an existing certification: any certified air ambulance service
may appeal to the department the proposed suspension or revocation of
certification;
(3) denial for
renewal of certification: any certified air ambulance service may appeal to the
department the denial of a renewal application for certification.
E. Notice of Contemplated Action:
When the bureau contemplates taking any action specified in Subsection C of
7.27.5.15 NMAC, it shall serve upon the applicant or certified service a
written notice containing a statement of the grounds or subject upon which the
proposed action is based, and rule(s) violated.
F. Right to Hearing: The applicant or
certified service may request a hearing before a hearing officer appointed by
the Secretary to contest the proposed action, by mailing a certified return
receipt letter addressed to the bureau within twenty (20) days after service of
the notice.
G. Hearing: Upon
receipt of a timely request for a hearing, the department shall appoint a
hearing officer and schedule a hearing, to be held in Santa Fe, New Mexico,
within forty five (45) working days of receipt of the timely request for a
hearing. Exception: in the event of an immediate suspension by the bureau to
protect the safety and health of the public, the air ambulance service will be
afforded an expedited hearing within twenty (20) days of the date of the
receipt of appeal.
H. Notice of
Hearing: The department shall notify the applicant or certified service of the
date, time, and place of the hearing, the identity of the hearing officer, and
the subject matter of the hearing, not less than thirty (30) days prior to the
date of the hearing. Exception: in the event of an immediate suspension to
protect the safety and health of the public, notice will be provided of an
expedited hearing within ten (10) days of receipt of appeal.
I. Hearing Officer Duties: The hearing
officer shall preside over the hearing, administer oaths, take evidence and
decide evidentiary objections and rule on any motions or other matters that
arise prior to the hearing.
J.
Discovery: Upon written request to another party, any party is entitled to:
(1) obtain the names and addresses of
witnesses who will or may be called by the other party to testify at the
hearing; and
(2) inspect and copy
any documents or items which the other party will or may introduce in evidence
at the hearing.
K.
Conduct of Hearing: Hearings are open to the public unless a request for closed
meeting is made by either party.
L.
Hearing Officer Written Report and Recommendation(s): The hearing officer shall
make a written report and recommendation(s) to the secretary containing a
statement of the issues raised at the hearing, proposed findings of fact, and
conclusions of law, and a recommended determination. The hearing officer or
designee shall record the hearing by means of a mechanical sound recording
device provided by the department for a record of the hearing. The hearing
officer written report shall be submitted to the secretary no later than 30
working days after the close of the hearing.
M. Secretary's Determination: The secretary
shall render a final determination within 10 working days of the submission of
the hearing officer's written report. A copy of the final decision shall be
mailed to the appealing party by certified mail, return receipt requested. A
copy shall be provided to legal counsel for the bureau.
