New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 17 - DISCIPLINARY PROCEEDINGS › Section 16.13.17.10 - STANDARDS OF PRACTICE COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
The standards of practice committee is formed for the purpose
				  of investigating disciplinary matters referred to it by the board. The board
				  chairperson shall appoint a member or members of the board as a standards of
				  practice committee.
A. The standards
				of practice committee shall review all documentation provided to it in
				reference to the subject complaint.
B. The standards of practice committee may
				provide the respondent with a copy of the complaint and allow a reasonable time
				for the respondent to respond to the allegations in the complaint.
C. The foregoing notwithstanding, the
				standards of practice committee will not be required to provide the respondent
				with a notice of the complaint filing, or a copy of the complaint, or any
				related investigatory evidence prior to the notice of contemplated action, if
				the committee determines that disclosure may impair, impede, or compromise the
				efficacy or integrity of the investigation.
D. The standards of practice committee may
				employ an investigator or other persons determined to be necessary in order to
				assist in the processing and investigation of the complaint.
E. The standards of practice committee will
				have independent authority to direct the board administrator to contract for
				the services of such persons without prior approval of the board after the
				board administrator has determined budgetary availability for such
				services.
F. Upon completion of its
				investigation, the standards of practice committee, with the assistance of
				board counsel may draw up pre-NCA settlement or mediation agreement proposal
				with the respondent as a means of resolving the complaint. The proposed
				agreement or any other recommendations by the standards of practice committee
				concerning proper disposition of the subject complaint shall be reported and
				presented by the committee to the board for further action.
G. Upon review and consideration, the board
				shall vote upon the proposed recommendations and either uphold, reverse, or
				modify the standards of practice committee's recommendations.
H. Standards of practice committee members
				who participate in the preparation of recommendations to the remaining board
				members shall not participate further in any actions initiated by the board
				against the licensee or licensees who are the subject of the
				complaint.
I. If the board
				determines that it lacks jurisdiction, or that there is insufficient evidence
				or cause to issue a notice of contemplated action, the board may vote to
				dismiss or close the complaint.
J.
				If the board determines that there is sufficient evidence or cause to issue a
				notice of contemplated action, it may vote to refer the complaint to the
				attorney general's office for possible prosecution in accordance with the
				provisions contained in the Uniform Licensing Act.
K. The board may take any other action with
				regard to a complaint which is within its authority and which is within the
				law, including referring the complaint to the attorney general and/or the
				district attorney for prosecution of persons alleged to be practicing without a
				valid license.