N.M. Admin. Code § 7.30.15.15 - DISCIPLINARY ACTION; RIGHT OF APPEAL

A. Denial, suspension, and revocation: SBHC certification may be denied, suspended, or revoked, or may be subject to any other disciplinary action, for violation of or failure to satisfy any requirement of this rule, and on any of the following grounds:

(1) abuse, neglect, or exploitation;

(2) failure to follow established procedures regarding controlled substances;

(4) disclosure of patient information in a manner not consistent with applicable law(s);

(3) dispensing, administering, or distributing medications in a manner not consistent with applicable law(s);

(4) failure to comply with other applicable law(s);

(5) any false, fraudulent, or deceptive statement made to the program;

(6) failure to cooperate with the program's review of the SBHC; and

(7) any conduct that poses a substantial risk of harm to public health or safety.

B. Notification; other action: If final disciplinary action is taken, the program may notify the New Mexico health care authority, licensing bodies, and others.

C. Notice of contemplated action: The program may issue a notice of contemplated action to deny, suspend, or revoke certification, or take other disciplinary action against an SBHC. The notice shall be served by certified U.S. postal mail (return receipt requested). The notice shall state the grounds for taking the proposed action, and shall state that the program will take the proposed action unless the SBHC or SBHC applicant mails, within 20 days after service of the notice, a letter (via certified mail, return receipt requested), requesting a hearing.

D. Right to appeal: An SBHC or SHBC applicant may request a hearing to be held before a hearing officer appointed by the cabinet secretary to contest a proposed action under this rule, by mailing a letter via certified mail, return receipt requested, to the program within 20 days after service of the notice of contemplated action. If an SBHC or SBHC applicant fails to request a hearing in the time and manner required, the SBHC or SBHC applicant shall forfeit the right to a hearing, and the proposed action shall become final.

Notes

N.M. Admin. Code § 7.30.15.15

Adopted by New Mexico Register, Volume XXXVI, Issue 09, May 6, 2025, eff. 5/6/2025