Earning your license and becoming a Licensed Practical Nurse (LPN) in New Mexico gives you the opportunity to treat patients in need. However, various circumstances could threaten your license and your privilege to practice as a nurse in the state.
The New Mexico Board of Nursing (BON, or the Board) is the public agency responsible for licensing nurses in New Mexico. If someone believes you've committed a violation of the Nursing Practice Act, they may file a complaint with the BON accordingly.
The BON could take disciplinary action if it concludes a violation has occurred. Some forms of disciplinary action the Board may take could jeopardize your license.
A BON investigation may not be a criminal matter. That said, with your career on the line, it's wise to take the matter as seriously as you would a genuine criminal case.
The Lento Law Firm Professional License Defense Team offers much-needed legal assistance to LPNs in New Mexico when patients, colleagues, or other such parties file complaints against them. Learn more about how we can help with your case by submitting your information through our online form or calling our offices at 888-535-3686.
What Does the Process of Filing a Complaint Against an LPN Involve in New Mexico?
Someone who wishes to file a complaint against a LPN in New Mexico may do so through the BON's online portal. Per the BON, anyone with potential knowledge of a violation of the Nursing Practice Act may submit a complaint about an LPN.
Some individuals must report LPNs and other licensed nurses when they suspect they may have committed violations. Specifically, a nurse with knowledge of a potential violation on the part of another nurse must report their concerns. The only instance in which doing so isn't necessary is if the other nurse is a patient, and filing a complaint against them might in some way violate patient confidentiality rights.
What Are Common Reasons for Filing a Complaint Against a LPN in New Mexico?
Someone may file a complaint against a LPN in New Mexico for virtually any alleged violation of the Nursing Practice Act. However, the BON reports the following are among the more common allegations that may trigger a complaint:
- A LPN has engaged in some form of fraud or deceit when obtaining their license
- A LPN has been convicted of a felony
- A LPN is incompetent or otherwise unfit for their role
- A LPN is addicted to habit-forming substances
The above isn't a complete list. The full text of the New Mexico Nursing Practice Act offers more information about the types of alleged violations that may give someone a reason to file a complaint against an LPN in New Mexico.
What Information Must Someone Provide When Filing a Complaint Against an LPN in New Mexico?
Someone filing a complaint against a LPN must provide the following information:
- Their own name, address, and phone number
- The name, address, and phone number of the nurse in question
- The nurse's license number
- A detailed description of the violation the complainant is accusing the nurse of
What Does a BON Investigation Involve When Someone Files a Complaint Against an LPN in New Mexico?
BON investigators look into virtually all complaints alleging nurses have violated the Nursing Practice Act. However, the BON might not investigate a complaint further if it involves allegations of chemical dependency and the nurse in question voluntarily requests admission into a Diversion Program.
The specifics of an investigation may vary somewhat on a case-by-case basis. Generally, though, investigators will:
- Interview the party who filed the complaint
- Interview the subject of the complaint
- Gather information from other potentially relevant sources (such as personnel files)
The investigator's job isn't to determine whether a violation requiring disciplinary action has occurred. Rather, their job is to gather all pertinent information to generate a report to present to the BON. Although there are exceptions, according to the BON, an average investigation usually takes three to six months to complete.
What Happens After an Investigation Into an LPN in New Mexico?
The BON's internal investigator will present their report to the Board upon completing their investigation. The Board will review the report to determine the merits of a case.
The BON's goal is to protect the public. Thus, if the BON concludes there's sufficient evidence to indicate a violation of the Nursing Practice Act has occurred, it will usually take some form of disciplinary action accordingly.
The BON is a public agency. As such, when it disciplines an LPN, information about said disciplinary action may be available to the public.
In other words, if you're disciplined due to an allegation of misconduct, everyone from potential employers to personal friends and family members might be able to learn about the matter. This may be a stressful reality to consider.
One way to feel more confident navigating this situation is to enlist the help of legal professionals qualified to handle a case like yours. At the Lento Law Firm, our Professional License Defense Team will ensure someone is protecting your rights throughout the process.
What Does an Administrative Hearing Involve?
An LPN who's the subject of a complaint has the opportunity to participate in a hearing before the BON makes a determination regarding disciplinary action in New Mexico. They may submit a written request for a hearing to the BON to initiate the process. The LPN will receive a Hearing Notice stating the time, date, and place of the hearing once the BON has processed their request.
The following points summarize what an LPN should know about an administrative hearing:
- During the hearing, a prosecuting attorney from the New Mexico Attorney General's office will present the case against a nurse.
- The LPN will have the chance to present their side of the story.
- The LPN has the right to have an attorney present with them during a hearing. They can elect to have their attorney represent them instead of attempting to represent themselves.
- The Board will convene an Executive Session after hearing all the evidence.
Immediately after the Executive Session, the Board will announce its decision in a public session. The nurse in question will receive an official copy of the BON's decision via certified mail.
What Forms of Disciplinary Action May the BON Take?
The BON has the authority to take several forms of disciplinary action when it determines an LPN has violated the Nursing Practice Act. Common examples include:
- Denying an applicant a license
- License suspension/summary suspension
- Reprimand
- Probation
- License revocation
The BON may also impose conditions that an LPN must abide by to continue practicing nursing in New Mexico. Examples of such conditions include:
- Paying fines
- Paying administrative costs
- Participating in continuing education programs
- Supervision
- Drug screening
- Counseling
- Any other reasonable conditions the Board determines are appropriate
What's most important to understand is that the BON has the power to significantly influence a LPN's ability to work in New Mexico. Never assume the outcome will be in your favor when you're the subject of a complaint. Although no attorney can ethically promise a specific outcome to your case, the Lento Law Firm Professional License Defense Team can present your side of the story and guard against unfair or unreasonable disciplinary action.
How a Complaint in New Mexico Can Prevent a Nurse from Practicing in Other States
Information about disciplinary action the BON takes is available to members of the public in New Mexico. Naturally, if the BON takes disciplinary action against a LPN, this could impact their employment opportunities in the state.
It may also limit their employment opportunities in other parts of the country. Like many states, New Mexico participates in the Nursys program.
Nursys is a program involving information-sharing between states and their individual boards of nursing. In many instances, the Nursys program benefits nurses.
For example, if a nurse wants to move to another state or wishes to practice from multiple locations throughout the country, the Nursys program ensures they don't have to get a new license for every new state in which they would like to practice.
However, the Nursys program can also negatively affect a nurse's employment prospects. If the New Mexico BON takes disciplinary action against a LPN, potential employers and other such parties in other Nursys states may access information about such disciplinary action.
Once more, none of this information is meant to worry you if someone has filed a complaint against you with the BON. It's meant to empower you to take action and protect yourself. Our attorneys with the Lento Law Firm Professional License Defense Team can help you protect your career when someone claims you've committed a violation.
Understanding the Diversion Program for a LPN in New Mexico
A Diversion Program is an alternative to disciplinary action that's sometimes available to nurses who've been the subject of complaints. The following points summarize the Diversion Program:
- A Diversion Program is voluntary and confidential.
- Participation in a Diversion Program is an option sometimes available to nurses in New Mexico when they are chemically dependent on drugs or alcohol.
- A nurse will receive a new participant information packet when they request admission to a Diversion Program. The packet contains relevant information about the program and the criteria for qualification. Upon receiving the packet, a nurse will also receive information about the date of their admission interview with a Diversion Program Case Manager.
A nurse will enter a five-year contract if they meet criteria for the program and decide to enter into it. During the five years the contract is in effect, the nurse officially agrees to allow the Diversion Program to monitor them.
The program usually involves certain key elements. They are:
- A nurse signing a contract in which they essentially agree not to use the substance to which they've developed a dependency
- Participating in substance use disorder treatments
- Attending peer support meetings
- Submitting to random drug screening
- Abiding by relevant work restrictions
- Submitting monthly reports
- Participating in quarterly meetings
- Practicing with a single-state NM license, which may limit a nurse's ability to practice elsewhere in the country for the duration of the program
Depending on the circumstances, entering into the Diversion Program may be preferable to waiting to find out if the BON will take disciplinary action. For instance, unlike information about disciplinary action, information about whether a nurse is participating or has participated in a Diversion Program is generally confidential. However, nurses participating in Diversion Programs must inform their employers and prospective employers of their participation.
Gathering evidence to show why you meet the criteria for acceptance into the program is another task a knowledgeable legal professional may be able to assist you with. While a lawyer can't make critical decisions for you, our attorneys can also help you better understand the potential pros and cons of participating in the program if this option is available to you.
How the Lento Law Firm Professional License Defense Team Can Help an LPN in New Mexico
You've worked for years to become a LPN. Don't allow a complaint to jeopardize everything you've worked for. At the Lento Law Firm, our Professional License Defense Team could help someone in your position by:
- Reviewing the details of the complaint and answering any questions you may have
- Looking for holes, errors, or other such weaknesses in the case against you
- If available, gathering evidence to show why the allegations against you are false or inaccurate
- Assisting you with administrative tasks, like requesting a hearing
- Representing you during hearings, interviews, and other elements of the process
- Fighting for a fair outcome during hearings
- If the BON takes disciplinary action, ensuring you understand any requirements you must abide by
Our attorneys defend LPNs throughout New Mexico, including those in the following key metro areas:
- Albuquerque
- Farmington
- Las Cruces
- Santa Fe
Don't delay if someone has filed a complaint against you. The sooner you take action, the sooner our knowledgeable lawyers can start working on your case. Get started today by contacting the Lento Law Firm Professional License Defense Team through our online form or calling us at 888-535-3686.
