New Mexico is mired in a nursing shortage, with 6,911 open nursing jobs as of May 2023. This, perhaps, is an indication of just how rigorous nursing can be and how honorable those who embrace this profession are. Yet, despite the shortage, the New Mexico Board of Nursing (BON) does not always give nurses the benefit of the doubt—or indicate the immense value of a working nurse—when a nurse is the subject of a complaint.
Countless nurses in the Albuquerque, Santa Fe, and Los Alamos areas (and throughout the state) have had their licenses suspended, their ability to practice and earn a living stopped immediately, and they suffered other formal and informal sanctions. We are sure that, in many cases, the action was unwarranted or heavy-handed—we have seen this too many times to believe otherwise.
When your good name, professional reputation, and license come under scrutiny, the Lento Law Firm Professional License Defense Team is the one to rely on. We have helped nurses across the nation find resolutions to immensely stressful circumstances, and we want to help you today.
Call the Lento Law Firm Professional License Defense Team today at 888-535-3686, or contact us online about how we can help you.
New Mexico Has Nine Nursing Licenses and Certificates, and Every Nurse Is Regulated
The New Mexico BON regulates nursing professionals who hold one or more of nine types of licenses or certificates, which are:
- Lactation Care Provider (LCP)
- Certified Medication Aide (CMA)
- Certified Hemodialysis Technician (CHT)
- Licensed Practical Nurse (LPN)
- Registered Nurse (RN)
- Advanced Practice Registered Nurse (including Family Nurse Practitioner)
- Clinical Nurse Specialist and Certified Registered Nurse Anesthetist (APRN)
- Certified Nurse Midwives are generally regulated by the New Mexico Department of Health but may have some regulatory overlap with the Board of Nursing.
If you are a nursing professional in New Mexico, there is a virtual certainty that you are subject to the rules, regulations, and disciplinary whims of the Board of Nursing. This organization has immense power over nurses' ability to practice without restriction, and it's also the organization that our team will deal with on your behalf.
What Can Lead to Potential License Sanctions for Nurses in New Mexico?
In a word, a single complaint. “The public” can file a complaint against any nurse, which means anyone can file a complaint against a nurse. They can even do so online, and the only requirement is that they complete their complaint in one sitting. Complainants even have immunity from civil liability if they can merely justify filing the complaint “in good faith.”
This means that your nursing career and life may suddenly be thrown into disarray and great peril if someone alleges that:
Did Not Obtain Your License Legitimately (or Let It Lapse)
If anyone determines that you misrepresented yourself, your education, or any other detail in obtaining your nursing license or certification, this allegation may trigger an investigation. Your attorney from our team will clear up any misunderstandings, obtain exculpatory documentation, and work to prove you are practicing legally.
We can also clear up any allegation that you have practiced without proper licensure due to a lapse or other circumstances.
Have Mistreated One or More Patients
Nurses from Bernalillo to Los Alamos face immense stress daily. They also have to:
- Engage with patients with a wide range of backgrounds, personalities, cultures, psychological states, and emotional temperaments
- Keep their cool even when patients are irritable or downright hostile
- Interact physically with clients, which may include helping them out of bed, washing them, and interacting in other close ways.
It may be easy for others to allege “mistreatment” by a nurse, particularly when they don't understand the nurse-patient relationship or the difficulty nurses face day in and day out.
Are a Criminal
A criminal conviction or mere allegation of criminal behavior may place your license at risk. Whether or not a nurse has committed a criminal offense, they need a robust defense—in many cases, it feels like the burden of proof is on the nurse to prove innocence, which is not how it should be.
Have Mishandled Medication
Nurses who handle medication may be accused of:
- Giving a patient too much or too little medication
- Giving a patient the wrong medication
- Mixing up different patients' meds
- Taking medication for themselves
New Mexico has a well-documented substance abuse issue, and even nurses can come under suspicion with little more than an allegation from who knows who.
You Have Substance Abuse Issues
Substance abuse is an issue to be handled empathetically, especially when the person suffering is a healthcare professional. The Board of Nursing has a Diversion Program that may be a fit for you, and we can discuss that possibility as we prepare your case strategy. If you have been baselessly accused of substance misuse, we will fight the allegation passionately.
Have Been Sexually Inappropriate in the Course of Your Work
Nurses' compassion and hands-on care can be misconstrued as inappropriate. Co-workers may also be close, as they share the unique bond of caring for others in a high-stress environment. If you've been accused of any sexual impropriety, allow an attorney from the Lento Law Firm Professional License Defense Team to disprove the allegation.
Does the New Mexico Board of Nursing (BON) Take Serious Action Against Nurses?
The New Mexico Board of Nursing will not care whether you're an LPN in Albuquerque's Lovelace Medical Center or an LCP in White Rock. If you become the subject of a complaint or come under scrutiny for another reason, know that the BON can and will take adverse action if it decides to.
Some of the formal sanctions you might face are:
- Permanent revocation of your nursing license
- Suspension of your license (which may come with conditional terms for reinstatement)
- Fines
- Probation
- A formal reprimand that stays in your nursing record
For many nurses, a formal sanction is less harmful than the secondary harm that sanctions cause, such as:
- The loss of your ability to earn
- Harm to your professional reputation, which may cause you to be fired, prevent you from earning promotions and jobs you otherwise might have and ultimately render your career less fulfilling.
- Harm to your personal reputation, which may affect relationships, impact legal affairs, and diminish your quality of life
Nurses working at Presbyterian Santa Fe Medical Center, Los Alamos Medical Center, The University of New Mexico Hospital, or any other provider—or even for themselves—in the state of New Mexico may be subject to such significant fallout. You should always assume that sanctions are possible, as this will motivate you to present the strongest defense possible. Your career is worth it.
How the New Mexico BON Will Handle a Complaint Against You
The New Mexico Board of Nursing follows a common blueprint when they receive a complaint about a nurse. This process typically involves:
Immediate Investigation of the Complaint (Don't Expect Any Complaint to Just Go Away)
A complaint against you will trigger an investigation, as the BON explains that “all complaints alleging a violation of the Nursing Practice Act are investigated. An investigation is initiated when the board receives a complaint through the nurse portal or website.”
During the investigation, the investigator will:
- Interview the person who filed the complaint
- Interview the nurse who is the subject of the complaint
- Review patient records, personnel records, and other relevant informational sources
- Speak with any witnesses whose testimony could be relevant to the complaint
- Take any other measures they deem pertinent to the investigation
These investigations typically take between three to six months. By allowing an attorney from the Lento Law Firm Team to handle your defense, you will not have to stress about the status of the investigation throughout this lengthy period.
The Board of Nursing Reviews the Report and Decides How to Proceed
If the Board of Nursing determines that a violation of the Nurse Practice Act may have occurred, it may move forward with a hearing.
An Administrative Hearing Held by the BON
A prosecuting attorney from the New Mexico Attorney General's Office presents the case against the nurse. This prospect alone can be daunting for the nurse who is the subject of the complaint. You should have your own representation because:
- A prosecuting attorney may have the same motive that prosecutors almost always do—to find the person accused of wrongdoing responsible.
- This hearing will be your best opportunity to fight allegations against you or present your case for the Board of Nursing to view you empathetically.
- An attorney from our team will have the necessary experience, skills, and resources to present a strategic, organized, and compelling case in your defense.
Your words may be used against you at a hearing, and that may be true if you are representing yourself. This means that the slightest slip-up when addressing the disciplinary body could be damning to your defense. Allow a lawyer to protect and fight for you through every stage of the disciplinary process, especially at a hearing.
The Board Completes an Executive Session
The Board will deliberate after the hearing and determine its decision. During this Executive Session, the Board might decide to take disciplinary action against you. It could also decide that your attorney defended you effectively and that no disciplinary action is justified.
If you face discipline from the Board of Nursing, your attorney from the Lento Law Firm Team will be ready to exhaust the appeals process.
In Light of Frequent Action Against Nurses, Let an Attorney from the Lento Law Firm Team Protect You
The consequences of sanctions on your nursing license can transcend state lines and even career changes. The need to defend yourself could not be more pressing, so allow the Lento Law Firm Professional License Defense Team to fight for you by:
- Investigating the complaint: We will quickly investigate the details of the complaint, identify possible motives for why the complaint may have been filed, secure all relevant evidence (including any exculpatory evidence), and begin forming your defense.
- Advising and accompanying you throughout the investigation: Seeing that the New Mexico Board of Nursing has to investigate a complaint, we expect to play an active role in protecting you. We will accompany you to any interviews we are permitted to attend, equip you with a strategy for those interview sessions, and ensure nobody trips you up or violates your rights during questioning. We will also bring relevant information to the investigator's attention.
- Seeking a possible consent order from the Board of Nursing: Many nurse disciplinary issues are resolved through a consent order. Each of our clients faces unique circumstances. Some are willing to consider a settlement, while others want to fight baseless allegations all the way. We are willing to pursue the right strategy for you, and you will have a primary say in what that big-picture strategy looks like.
- Representing you at any necessary hearing: Should your case lead to an administrative hearing, we will represent you. You are allowed to have an attorney, and we will present evidence, question witnesses, and make oral arguments on your behalf.
If you need us to file an appeal of an unacceptable ruling, we will do that right away. We advocate for nurses from start to finish. The Lento Law Firm Team fights for nurses all across New Mexico, including locales such as Santa Fe, Los Alamos, Albuquerque, Rio Rancho, Edgewood, Española, and Belen. Don't wait to reach out.
The Lento Law Firm Professional License Defense Team Is Worthy of Your Trust—Call Us Today
Even a low-level sanction on your nursing license can have real consequences. We want to clear your name if we can and seek a reasonable sanction if you've made a mistake and want to own up to it (without suffering heavy-handed punishment).
Call the Lento Law Firm Professional License Defense Team today at 888-535-3686, or contact us online about how we can help you.
