Question

administrative law and how it applies to the NMBON

(New Mexico Board of Nursing )

Answer 1

Administrative law is a branch of public law that deals with judicial review of decisions made by government bodies. Traditionally, this area of law has had little impact on medical decision making. However, as the healthcare system becomes increasingly bureaucratised, greater levels of dissatisfaction may force some patients to seek redress for their complaints through the avenue of administrative law.

The trend towards greater bureacratisation and the need to find ways of discriminating between patients affects the NMBON and it means that administrative law is now of central importance to medical decision makers. The courts have drawn a line around decisions that are solely motivated by financial concerns and those that are based solely on medical opinions. But where the decision making process has been affected by unfair or unreasonable behaviour the courts are willing to step in and require the decision to be remade.  The future impact of administrative law will hopefully be to realise the promise of transparency, improve the process of decision making, and to further the public's understanding of tragic choices and why they need to be made.