Complaint & Investigation FAQ's

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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...
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 ...
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 Executiv...
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 d...
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 thres...
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, administrativ...
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...
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 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
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, b...
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 beh...
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 addict...
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 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 ...
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 ...
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 oth...

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