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.

1. A. Grounds for disciplinary action:

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

      1. (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;
      2. (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;
      3. (c) omitting to record information regarding procedures performed and care provided which could be relevant to the patient’s care;
      4. (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;
      5. (e) demonstrating a lack of competence in providing care to patient’s receiving a dialysis treatment.

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

      1. (a) falsifying or altering patient records or personnel record for the purpose of reflecting incorrect or incomplete information;
      2. (b) misappropriation of money, drugs, or property;
      3. (c) obtaining or attempting to obtain any fee for patient services for one’s self or for another through fraud, misrepresentation or deceit;
      4. (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;
      5. (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;
      6. (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;
      7. (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;
      8. (h) exceeding the scope of function of a CHT, CHT I and CHT II;
      9. (i) intentionally abusing, neglecting or exploiting a patient;
      10. (j) intentionally engaging in sexual contact toward or with a patient;
      11. (k) felony conviction;
      12. (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;
      13. (m) failure to maintain appropriate professional boundaries which may cause harm to the patient.
2. B. Disciplinary proceedings are conducted in accordance with 16.12.2 NMAC Nurse Licensure.

[16.12.4.11 NMAC - Rp, 16.12.4.11 NMAC, 12/13/2022]