APS will investigate all complaints in accordance with its policies and procedures and render an investigative decision.

1. A. If a complaint relates to an employee of a provider that is not licensed by or covered under contract by the department of health, APS’s investigative decision shall indicate whether the allegations against the employee are:

   (1) unsubstantiated;

   (2) substantiated; or

   (3) substantiated registry-referred.

2. B. If a complaint relates to an employee of a provider that is licensed by or covered under contract by the department of health, APS shall not make a registry referral determination. APS’s investigative decision shall simply indicate whether the allegations against the employee are:

   (1) unsubstantiated; or

   (2) substantiated.

3. C. Nothing in this section shall be interpreted as precluding APS from contacting any other government agency about a complaint, including but not limited to contacting the department of health and initiating a report, or contacting law enforcement or the attorney general or a district attorney’s office for criminal prosecution.

[8.11.6.10 NMAC - N, 4/28/2006]