Complaints/Discipline FAQ
How will disciplinary action in another jurisdiction or a felony conviction effect licensure in New Mexico?
This applicant is not eligible for a temporary license or permit to practice. The applicant is responsible for submitting legal documents to the Board of Nursing for review. The Board meets every other month. When the applicants file is complete, it will be taken to the next regularly scheduled meeting. The Board may decide to issue the license or to issue an NCA (Notice of Contemplated Action) and have a hearing to determine if a license will be issued or denied.
How do investigations start?
With the exception of complaints alleging chemical dependency in which the licensee requests admission into the Diversion Program, all complaints alleging a violation of the Nursing Practice Act are investigated. An investigation is initiated when the Board of nursing receives a written signed complaint on a form provided by the Board alleging a violation of the Nursing Practice Act Section 61-3-28.
What information should be provided in the complaint?
The complaint must include the name, address and telephone number of the complainant and the name, address, telephone number and license number of the nurse. A detailed description of the alleged behavior which violates the Nursing Practice Act must also be provided in the complaint. The complaint should also include any documentation which supports the allegations.
What are the statutory grounds for filing a complaint?
- Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate of registration;
- Is convicted of a felony;
- Is unfit or incompetent;
- Is intemperate or is addicted to the use of habit-forming drugs;
- Is mentally incompetent;
- Is guilty of unprofessional conduct as defined by the rules adopted by the Board;
- Has willfully or repeatedly violated any provisions of the Nursing Practice Act, including any rule or regulation adopted by the Board; or
- Was licensed to practice nursing in any jurisdiction, territory or possession of the US or another country and was the subject of disciplinary action as a licensee for acts similar to acts described in this subsection.
To read more about violations click on Nursing Practice Act/Rules and go to Section 61-3-28 of the law and Section 16.12.9.1 of NMAC.
Who can file a complaint?
Complaints may be filed by anyone with knowledge of the alleged violation. Any person filling a complaint is immune from liability arising out of civil action if the complaint is filed in good faith and without actual malice.
Are licensed nurses required to report other nurses who violate the Nursing Practice Act?
Yes, unless the nurse is a patient and patient confidentially is involved.
How can I obtain a complaint form?
Call or write the Board of Nursing and request one, or download from our website - http://bon.state.nm.us
Who conducts the investigation?
The Board has an internal investigator on staff. If you wish to verify the name of an investigator contact the Board office.
How long will the investigation take?
On average an investigation takes three months to complete.
What happens during an investigation?
The investigator interviews both the complainant and the licensee. Information is gathered from relevant sources, such as patient records and personnel records etc. After all available information, both positive and negative, is collected the investigator prepares a report for the Board of Nursing.
What happens after the investigation?
The Board of Nursing reviews the investigative report and decides how to proceed. The Board considers alleged violations based on the merits of each case and potential danger to the public. The threshold for imposing discipline is a violation of the Nursing Practice Act.
The Board may decide to dismiss the case if the allegations in the complaint were not verified through the investigative process. If the allegations were verified, the Board proceeds to issue a Notice of Contemplated Action (NCA), which is the legal document charging the nurse with a violation of the Nursing Practice Act and giving the nurse instructions to request a hearing. The NCA is sent by certified mail to licensee at the address on file with the Board of Nursing.
What happens if the nurse requests a hearing?
Disciplinary proceedings are conducted in accordance with the Uniform Licensing Act (ULA) and Open Meetings Act. Upon receipt of a written request for a hearing, the Hearing Notice, designating the date, time and place of the hearing is mailed to the licensee via certified mail.
What is a formal hearing?
A formal disciplinary hearing held before the Board of Nursing is an administrative hearing. The State of New Mexico through a prosecuting attorney from the Attorney General's office presents State's case. The licensee is given the opportunity to present his/her case. Licensees may choose to be represented by an attorney, a member of the profession or may represent themselves. The formal hearing allows the licensee a full opportunity to respond directly to the stated allegations. After hearing all evidence, the Board in an Executive Session, deliberates the matter before it. The Board's decision is announced in a public session immediately following the Executive Session. A copy of the written decision is mailed via certified mail to the licensee in accordance with the ULA.
What action may be taken?
Disciplinary action may include denial of a license, reprimand, probation, suspension, summary suspension, or revocation of the license. Conditions may also be imposed including a fine, administrative costs, supervision, continuing education, drug screening, counseling or other conditions that are appropriate.
What happens if the nurse does not request a hearing or fails to attend a hearing after making a request for a hearing?
If a nurse fails to request a hearing or fails to attend the scheduled hearing, the Board may proceed to consider the matter as a default and make a decision. This means the Board may take any action including revocation of the license without the licensee being present.
Can a nurse who has been disciplined by the board continue to work as a nurse?
A nurse who is reprimanded or probated may continue to practice. The Board may also suspend the nurses license for a period of time which means the nurse may not practice nursing until the period of suspension is completed. A licensee may not practice nursing while the license is revoked. One year after the effective date of the revocation, the licensee may request a hearing before the Board of Nursing to request reinstatement of the license.
Is disciplinary action public information?
Yes. The Board is a public agency, and as such subject to the Public Records Act. Disciplinary action, whether past or present is available to the public. Questions should be directed to the Executive Director at the Board of Nursing, 6301 Indian School Rd NE, Suite 710, Albuquerque NM 87110. (505) 841-9055
