Filing a complaint

The form is available on the New Mexico Board of Nursing website and may be submitted online after completion. https://nmbn.boardsofnursing.org/complaint

 

Complaints may be filed by anyone with knowledge of an alleged violation of the New Mexico Nurse Practice Act or Board rules. If a complaint is submitted in good faith and without malice, the law protects them from civil liability.

 

Reasons for filing a complaint include suspected fraud or deceit, allegedly committed a felony; signs of being unfit or incompetent; or addicted to habit-forming drugs.

 

The complaint must include the name, address and telephone number of the complainant and the name, address, telephone number and license number of the nurse. A detailed description of the alleged violation must also be provided with any additional supportive documentation.

 

Licensed nurses in New Mexico are required to report violations of the Nursing Practice Act or any unsafe practice, as outlined in 16.12.2.11 NMAC (Standards of Nursing Practice: Duty to Report). The obligation to report arises only when the situation indicates unsafe, impaired, or incompetent practice that could place patients at risk.

Understanding a Complaint Notification

If you receive a complaint notification from the New Mexico Board of Nursing, it means the Board has received information alleging conduct that may fall under the authority of the Board and the New Mexico Nursing Practice Act.

 

A complaint notification does not mean that a violation has occurred, and it is not disciplinary action. It means the Board has opened a review to determine whether the facts support a possible violation of the Nursing Practice Act or Board rules.

Investigation Process

After a complaint is received, the matter is assigned to a Register Nurse Investigator who gathers and reviews information relevant to the allegation. This may include records, policies, witness statements, and other documentation.

 

The investigator’s role is to collect and evaluate information. Final determinations regarding potential violations are made through the Board’s regulatory review process.

Required Licensee Response

Licensees who receive a complaint notification are required to submit a written response addressing the allegations identified in the notice.

 

The response should include information, documentation, and/or explanation the licensee believes is relevant to the matter. Providing a complete and clear response allows the investigator to review the circumstances from the licensee’s perspective.

 

In many cases, documentation or clarification provided by the licensee helps the Board better understand the situation and may assist in resolving the matter during the investigative review.

Investigation Timeframes

Investigations may take several weeks to several months to complete. The length of time depends on factors such as:

• Investigator caseload
• Complexity of the issues involved
• Volume of documentation requiring review
• The need to obtain records from healthcare facilities or other entities
• Other cases that require priority review

 

Because of these variables, the Board may not always be able to provide a specific completion date for an investigation.

Important Information

• A complaint represents an allegation, not a finding.
• The Board reviews all available information before determining whether a violation has occurred.
• Complaints will be closed without disciplinary action if the evidence does not support a violation.

What to Include in Your Written Response

When submitting a response to the New Mexico Board of Nursing, the licensee should provide clear and relevant information related to the allegations identified in the complaint.

 

Helpful information may include:

• A factual description of the events and/or circumstances related to the allegation.
• Relevant documentation (e.g., records, notes, policies, communications, and/or reports).
• The licensee’s role and actions taken in the situation.
• Any steps taken to address or correct the issue, if applicable.
• Names and roles of other individuals who may have been involved or present.

 

Providing a thorough and organized response helps the investigator review the matter efficiently and ensures the Board has a complete understanding of the circumstances.

Common Questions After Receiving a Complaint Notification

Can I continue to practice while the complaint is being reviewed?
In most situations, a licensee may continue to practice while a complaint is under investigation unless the Board determines that immediate action is necessary to protect the public.

 

Do I need an attorney?
Licensees may choose to seek legal counsel. However, it is not required in order to submit a written response to the complaint.

 

Do I have to notify my employer?
The New Mexico Board of Nursing does not require licensees to notify their employer that they have received a complaint notification unless an employment agreement or facility policy requires it.

 

Will this complaint automatically result in discipline?
No. A complaint represents an allegation. The Board reviews all available information before determining whether a violation of the New Mexico Nursing Practice Act or Board rules has occurred.

 

Can I contact the investigator?
Licensees may contact the assigned investigator with questions; however, investigators cannot provide legal advice.

 

Can I renew my license if I have an open complaint or investigation?
Yes. In most cases, licensees may renew their license while a complaint or investigation is pending with the New Mexico Board of Nursing. An investigation represents a review of an allegation, and a determination regarding a potential violation of the New Mexico Nursing Practice Act or Board rules has not yet been determined.

 

License renewal during an investigation does not affect the Board’s authority to continue the investigation or take action if warranted. Renewal does not close or reset an active complaint or investigation.

 

What Happens After the Investigation is Completed?

Once the investigation is complete, the information is reviewed through the Board’s regulatory process to determine whether a violation of the New Mexico Nursing Practice Act or Board rules has occurred.

 

Possible outcomes may include:

• Case closure if the evidence does not support a violation.
• Non-disciplinary action, such as guidance or education.
• Administrative or disciplinary action if the evidence supports a violation of the Nursing Practice Act or Board rules.
• Referral for further proceedings, if a hearing is required or requested by the Licensee.

 

Will I be notified of the outcome?
Yes. Licensees are notified when the Board’s review of the complaint is concluded. The Board of Nursing will notify licensees of the outcome of their case by letter sent via U.S. mail, which is typically delivered within approximately two to three weeks.

 

Board Meeting Information

Meetings of the New Mexico Board of Nursing are publicly scheduled and listed on the Board’s website in the calendar. Prior to each meeting, an agenda is published that includes case numbers scheduled for Board review.

 

Licensees may review the posted agenda to determine whether their case number appears for consideration at an upcoming meeting. The agenda is typically posted two weeks in advance of the meeting date on the Board’s website.

 

Role and Mission of Board Investigators

Investigators for the New Mexico Board of Nursing conduct fair, impartial, and unbiased investigations of complaints received. The mission of the investigative process is to gather and evaluate relevant evidence to determine whether conduct may violate the New Mexico Nursing Practice Act or Board rules.

 

Investigators serve the public by identifying unsafe practice when it is supported by evidence, while also ensuring that licensees are treated fairly throughout the process. When the evidence does not support the allegations, the investigation may result in closure of the complaint.