N.M. Admin. Code § 8.370.25.23

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.370.25.23 - RIGHT TO PETITION THE REMOVAL OF NAME FROM THE NURSE AIDE REGISTRY IN CASES OF NEGLECT

A nurse aide may petition the health care authority for the removal of their name from the nurse aide registry in cases where there was a finding of neglect. Petitions for removal will not be accepted when the finding was for abuse, physical or verbal. Such petitions shall be made in writing and mailed or hand delivered to the health care authority, division of health improvement, HFL&C bureau chief. The following procedures apply to nurse aides who petition for the removal of their name from the nurse aide registry.

A. The nurse aide may petition the authority after one year from the date that they were placed on the nurse aide registry. In their petition the nurse aide must show that through their employment and personal history their performance as a nurse aide does not reflect a pattern of abusive behavior or neglect; and that neglect involved in the original finding was a singular occurrence.

B. Within 30 days of receipt of a petition the authority shall set the date for a hearing. Failure to petition within 30 days from the conclusion of the one year period shall result in forfeiture of the person's right to a hearing. Such a request shall be made in writing and mailed, or hand delivered, and shall be accompanied by a payment of $40.00 or a sworn statement of indigence on a form provided by the authority. The hearing shall be held in Santa Fe, New Mexico at the health care authority.

C. In the event that the authority denies the petition, the authority will notify the nurse aide within 30 days of the reasons for denying the petition and the nurse aide will continue to be placed on the nurse aide registry.

D. If the secretary of the health care authority, or their designee, determines that the nurse aide does not show a pattern of abusive behavior or neglect, and the neglect involved was a singular occurrence, the nurse aide shall be placed in probationary status on the nurse aide registry. The period of probation will be determined by the secretary, or their designee, and shall not exceed one year. During the probationary period the nurse aide must complete necessary training involving resident's rights, or other training approved by the health facility licensing and certification bureau. Upon successful completion of the probationary period the nurse aide's certification will be reinstated, and they will be removed from the nurse aide registry.

N.M. Admin. Code § 8.370.25.23

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024