In accordance with the Uniform Licensing Act, the Board has authority to impose penalties in disciplinary matters. The Uniform Licensing Act allows discipline in many forms including but not limited to fines, letters of reprimand, corrective action plans, suspension, and revocation of license.

1. A. Formal Letters of Reprimand: The Board shall have discretionary authority to issue formal letters of reprimand or warning instead of revocation or suspension. Issuance of formal letters of reprimand shall be subject to the provisions of the Uniform Licensing Act and shall be a matter of public record.
2. B. [RESERVED]
3. C. [RESERVED]
4. D. RESERVED]
5. E. Prehearing Motions: The Board may appoint a hearing officer to decide non-dispositive motions filed prior to a hearing.
6. F. Settlement Agreements: The Board may enter into a settlement agreement or mediation agreement with the Respondent as a means of resolving a complaint.
7. G. [RESERVED]
8. H. Costs of Disciplinary Proceedings: Licensees or license applicants shall bear all costs of disciplinary proceedings unless they are excused by the Board from paying all or part of the fees, or if they prevail at the hearing and an action specified in Section 61-1-3 of the Uniform Licensing Act is not taken by the Board.
9. I. Uniform Licensing Provision. In accordance with Section 61-1-7.G of the Uniform Act, a licensee who directly or through an agent intimidates, threatens, injures or takes any adverse action against a person for providing information to the Board shall be subject to disciplinary action.
10. J. License Returned to the Board: Any wall license, renewal license, or temporary permit issued by the Board must be returned to the Board subsequent to revocation or suspension. The item(s) listed must be returned in person or by certified mail no later than thirty (30) days after the suspension or revocation order by the Board.

11. K. Federal Fraud and Abuse Data Bank: With regard to the Federal Health Care Integrity and Protection Databank (or its successor databank), which was established by the enactment of the Federal Health Insurance Portability and Accountability Act of 1996:

    (1) The Board may report to the databank disciplinary actions taken by the Board that do not contain an admission or finding of guilt or liability against applicants or licensees.

    (2) The Board must report to the databank disciplinary actions taken by the Board that do contain an admission or finding of guilt or liability against applicants or licensees.

12. L. National Data Bank For Long Term Care Administrators: With regard to the national databank for long term care administrators established by the National Association of Boards of Examiners for Long Term Care Administrators (or its successor):

    (1) The Board may report to the databank disciplinary actions taken by the Board that do not contain an admission or finding of guilt or liability against applicants or licensees.

    (2) The Board must report to the databank disciplinary actions taken by the Board that do contain an admission or finding of guilt or liability against applicants or licensees.

    [10-31-95; 11-29-97; 16.13.17.12 NMAC - Rn, 16 NMAC 13.17.12, 1-25-2001; A, 04-15-2002]