N.M. Admin. Code § 16.12.4.11

Current through Register Vol. 35, No. 24, December 23, 2024

Section 16.12.4.11 - DISCIPLINARY ACTION

The board shall conduct hearings upon charges relating to discipline of a CHT, CHT I and CHT II, and may deny, place on probation, suspend or revoke a hemodialysis technician certificate in accordance with the Uniform Licensing Act Section 61-1-1 NMSA 1978 and 16.12.12 NMAC.

A. Grounds for disciplinary action:

(1) "Incompetence" which is defined to include, but not limited to, the following:

(a) inability to function with reasonable skill and safety as a CHT, CHT I and CHT II 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 patients receiving dialysis treatments or failure to conform to the essential and prevailing standards of CHTs, CHT Is and CHT IIs;

(c) omitting to record information regarding procedures performed and care provided which could be relevant to the patient's care;

(d) failure to report information regarding the consumer's treatment or health status to appropriate person which could be relevant to the patient's care and status;

(e) demonstrating a lack of competence in providing care to patient's receiving a dialysis treatment.

(2) "Unprofessional conduct", which is defined to include, but not limited to, the following:

(a) falsifying or altering patient records or personnel record for the purpose of reflecting incorrect or incomplete information;

(b) misappropriation of money, drugs, or property;

(c) obtaining or attempting to obtain any fee for patient services for one's self or for another through fraud, misrepresentation or deceit;

(d) obtaining, possessing, administering or furnishing prescription drugs to any person, including, but not limited to one's self, except as directed by a person authorized by law to prescribe;

(e) obtaining or attempting to obtain a certificate to function as a CHT, CHT I or CHT II for one's self or for another through fraud, deceit, misrepresentation or any other act of dishonesty in any phase of the certification or recertification process;

(f) functioning as a CHT, CHT I and CHT II in NM without a valid, current New Mexico certificate, or aiding, abetting or assisting another to function as a CHT, CHT I and CHT II without a valid, current New Mexico certificate;

(g) failure to report a CHT, CHT I and CHT II who is suspected of violating the NPA or rules for certification of hemodialysis technicians;

(h) exceeding the scope of function of a CHT, CHT I and CHT II;

(i) intentionally abusing, neglecting or exploiting a patient;

(j) intentionally engaging in sexual contact toward or with a patient;

(k) felony conviction;

(l) dissemination of a patient'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;

(m) failure to maintain appropriate professional boundaries which may cause harm to the patient.

B. Disciplinary proceedings are conducted in accordance with 16.12.2 NMAC Nurse Licensure.

N.M. Admin. Code § 16.12.4.11

Adopted by New Mexico Register, Volume XXVII, Issue 17, September 15, 2016, eff. 10/1/2016, Adopted by New Mexico Register, Volume XXXIII, Issue 23, December 13, 2022, eff. 12/13/2022