N.M. Code R. § 7.27.5.15
A. Complaint/Incident Procedures: Any person may communicate a complaint or knowledge of an incident to the bureau. Complaints shall be submitted in signed written form to the bureau as soon as practical. The bureau may begin an investigation if there is sufficient cause.
(1) When a complaint is received by the bureau, written acknowledgement shall be made within 10 working days and the staff shall decide whether or not a preliminary or formal investigation of the complaint shall be initiated.
(2) If no investigation is warranted, the service or person filing the complaint will be notified, as determined by the bureau.
(3) Services being formally investigated shall receive written notification within ten (10) working days after a decision is made to begin a formal investigation, unless extenuating circumstances exist which would reasonably preclude notification.
(4) At the conclusion of the bureau’s formal investigation, the bureau may report its findings to the investigated service in written form. If the bureau investigation warrants disciplinary action against a service, the service will be given a notice of contemplated action (see right to appeal and hearing in 7.27.15.D NMAC).
(5) If the bureau makes a good faith judgment that the health and/or safety of the public would be jeopardized, it may take immediate action to suspend an air ambulance service’s certification to prevent a service from operating within New Mexico. The suspended service shall be afforded an expedited appeal and hearing process.
B. Investigations: Investigations shall normally be conducted by the bureau.
(1) Preliminary Investigations: When the bureau receives information that might form the basis for disciplinary action against a service, it shall begin a preliminary investigation. This is a fact finding/information gathering investigation that will attempt to determine for the bureau whether justification exists to initiate an action or to conduct a formal investigation.
(2) Formal Investigations: Formal investigations are for the purpose of obtaining additional information to allow the bureau to determine if it will initiate an action. Notice will be given to the service that is the subject of the formal investigation, unless extenuating circumstances exist which would reasonably preclude notification.
(3) Confidentiality: The bureau will take every precaution to insure that investigations are conducted in a confidential manner.
(4) Records: An official record is maintained for every New Mexico air ambulance service, certified under these rules. If the bureau begins an investigation, a separate confidential record will be created containing all investigation material. If the bureau initiates an action, all records not exempt from disclosure under the inspection of public records act, sections 14-2-1, et seq., NMSA 1978, will be placed in the service’s official record. Any request for records maintained by the bureau will be processed in accordance with the inspection of public records act.
C. Grounds For Denial, Suspension, and Revocation: Air ambulance certification may be denied, suspended or revoked based on the following grounds:
(1) fraud, deceit, misrepresentation in obtaining certification, including misrepresentation during the initial or renewal certification process;
(2) failure to meet any certification/accreditation requirements including failing to acquire and/or maintain accreditation with the commission on accreditation of medical transport systems (CAMTS) as outlined in these rules;
(3) negligence in the delivery of air ambulance medical services, including, but not limited to:
(a) malpractice and/or substandard medical care or treatment; or
(b) using non-licensed personnel or personnel performing outside the standard of care/scope of practice; or
(c) failure to have operational equipment and failure to carry the required equipment, or inappropriate use of equipment during a flight; or
(d) unauthorized disclosure of medical or other confidential information;
(4) loss of federal aviation administration certification or failure to notify the bureau of such loss of certification;
(5) loss of CAMTS accreditation or failure to notify the bureau of such loss of accreditation;
(6) failure to report revocation, suspension, denial, or other adverse actions taken in any other state or jurisdiction affecting the ability to provide air ambulance services;
(7) performing air ambulance operations without being certified by the department to perform the authorized level of service, including providing service after expiration of a certification;
(8) the use of any false, fraudulent, or deceptive statement in any document connected with the operation of an air ambulance service;
(9) failure to cooperate with an investigation or to furnish the bureau with requested information;
(10) failure to report required documentation, including patient run report data;
(11) failure of a service to comply with the rotor wing response protocol or the fixed/rotor wing inter-facility transportation protocol as outlined in these rules.
D. Right to Appeal: Any service may appeal a decision by the department to deny, suspend or revoke air ambulance certification as provided below:
(1) denial of initial certification: any air ambulance service applying for certification may appeal to the department a denial of an application for certification;
(2) suspension or revocation of an existing certification: any certified air ambulance service may appeal to the department the proposed suspension or revocation of certification;
(3) denial for renewal of certification: any certified air ambulance service may appeal to the department the denial of a renewal application for certification.
J. Discovery: Upon written request to another party, any party is entitled to:
(1) obtain the names and addresses of witnesses who will or may be called by the other party to testify at the hearing; and
(2) inspect and copy any documents or items which the other party will or may introduce in evidence at the hearing.
[7.27.5.15 NMAC - Rp, 7.27.5.15 NMAC, 01/01/06]