N.M. Admin. Code § 16.12.11.14

Current through Register Vol. 35, No. 17, September 10, 2024

Section 16.12.11.14 - DICIPLINARY PROCEEDINGS

A. Authority: The board may deny, revoke, or suspend a license held or applied for under the Lactation Care Provider Act; or reprimand or place a license on probation with conditions on the grounds stated in Section 61-3B-6 NMSA 1978.

B. For the purpose of Section 61-3B-6 NMSA 1978, "incompetence" is defined as follows: In performing lactation care and service functions, whether direct patient care or the administration or management of that care, a licensee is under a legal duty to possess and to apply the knowledge, skill and care that is ordinarily possessed and exercised by other licensees of the same certification status and required by the generally accepted standards, of the profession including those standards set forth in these rules. The failure to possess or to apply to a substantial degree such knowledge, skill and care constitutes incompetence for purposes of disciplinary proceedings. Charges of incompetence may be based on a single act of incompetence or on a course of conduct or series of acts or omissions, which extend over a period of time and which, taken as a whole, demonstrates incompetence. It shall not be necessary to show that actual harm resulted from the act or omission or series of acts or omissions, so long as the conduct is of such a character that harm could have resulted to the patient or client or to the public from the act or omission or series of acts or omissions.

C. For the purpose of Section 61-3B-6 NMSA 1978, "unprofessional conduct" includes, but is not limited to, the following:

(1) dissemination of a patient or client'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 organization policy from disclosure;

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

(3) misappropriation of money, drugs or property;

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

(5) aiding, abetting, assisting or hiring an individual to violate the lactation care provider act or duly promulgated rules of the board;

(6) failure to make or keep accurate, intelligible entries in records as required by law, policy and standards for the practice of lactation care and services;

(7) obtaining or attempting to obtain a license to practice lactation care and services for one's self or for another through fraud, deceit, misrepresentation or any other act of dishonesty in any phase of the licensure process;

(8) failure to report a licensee who is suspected of violating the New Mexico Lactation Care Provider Act or rules;

(9) intentionally engaging in sexual contact with or toward a patient or client in a manner that is commonly recognized as outside the scope of practice of the individual licensee;

(10) abandonment, which occurs when the licensee has accepted an assignment to provide care, service, or treatment to a patient or client, thus establishing a professional relationship, and then abruptly severed the relationship without reasonable notice provided to the patient or client; and distinguished from contractual disagreements, termination, or other employment issues;

(11) engaging in the practice of lactation care and services when judgment or physical ability is impaired by alcohol or drugs or controlled substances;

(12) committing acts which constitute grounds for disciplinary action pursuant to Paragraph (1) and (2) of Subsection A of Section 61-3B-6 NMSA 1978 where the conviction arises from employment as a lactation care provider, Paragraph (3) and (4) of Subsection A of Section 61-3B-6 NMSA 1978 where the intemperance, addiction, incompetence or unfitness has manifested itself during the course of employment as a lactation care provider in a fashion which is contrary to the provision of good health care, and Paragraph (6) of Subsection A of Section 61-3B-6 NMSA 1978;

(13) practice which is beyond the scope of licensure;

(14) verbally or physically abusing a patient, client or colleague;

(15) failure to maintain appropriate professional boundaries which may cause harm to the patient;

(16) failure to comply with any other requirement provided by these rules.

N.M. Admin. Code § 16.12.11.14

Adopted by New Mexico Register, Volume XXIX, Issue 13, July 10, 2018, eff. 7/30/2018, Adopted by New Mexico Register, Volume XXXIII, Issue 23, December 13, 2022, eff. 12/13/2022