Disciplinary Actions, Citations, and Enforcement
Domain 3: Discipline, Citations, and Enforcement
This domain tests how the Board investigates complaints, what it must prove, and which sanctions it may impose. Enforcement begins with a complaint or Board-initiated review. The Board may investigate unlicensed practice, unprofessional conduct, incompetence, fraud, infection-control failures, impairment, and violations of Board orders. Formal discipline is a contested case under the Uniform Licensing Act, NMSA 1978, Chapter 61, Article 1.
Core rules
- Due process requires notice of the charges, a meaningful opportunity to respond, and a hearing before the Board or a hearing officer. Licensees may appear with counsel, present evidence, and cross-examine.
- Sanctions include revocation, suspension, probation, reprimand, limitations on practice, fines, costs, and cease-and-desist orders. Emergency or summary action is reserved for serious risk and still requires prompt review.
- A malpractice suit and a Board complaint are separate tracks. A civil settlement does not automatically end the Board’s authority.
- Final disciplinary orders are generally public; investigative materials may remain confidential until formal action.
Worked example
A complaint alleges that a dentist reused single-use needles. The investigator obtains patient and staff statements and inspection records. The Board issues a notice of contemplated action. The dentist may negotiate a settlement admitting some facts and accepting probation and monitoring, or proceed to hearing. If the Board finds the violation, it can impose practice limits and costs; the dentist may appeal the final order.
Traps
Assuming an anonymous complaint is ignored; treating a private settlement as binding on the Board; ignoring mandatory reporting or self-reporting duties; and failing to comply with a Board order, which is itself a separate violation.