New Mexico Register / Volume XXIX,
Issue 13 / July 10, 2018
TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 12 NURSING AND HEALTH CARE RELATED
PROVIDERS
PART 11 LACTATION CARE PROVIDERS
16.12.11.1 ISSUING AGENCY: New Mexico Board of Nursing.
[16.12.11.1
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16.12.11.2 SCOPE: All lactation care providers licensed by the
New Mexico board of nursing as licensed lactation care providers.
[16.12.11.2
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16.12.11.3 STATUTORY AUTHORITY: Lactation Care Provider Act, Section 61-36-3
NMSA 1978.
[16.12.11.3
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16.12.11.4 DURATION: Permanent.
[16.12.11.4
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16.12.11.5 EFFECTIVE DATE: July 30, 2018 unless a later date is cited at
the end of a section.
[16.12.11.5
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16.12.11.6 OBJECTIVE: To promote, preserve and protect the public
health, safety and welfare of the citizens of the state by establishing
standards for licensure and regulation of licensed lactation care providers in
New Mexico.
[16.12.11.6
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16.12.11.7 DEFINITIONS: This rule incorporates the definitions
provided in the Lactation Care Provider Act, Section 61-36-2 NMSA 1978.
A. “Act”
means the Lactation Care Provider Act, Sections 61-36-1 to -6 NMSA 1978.
B. “CE” means
continuing education.
C. “CLC” means certified lactation
counselor.
D. “Committee” means the lactation care
provider committee appointed by the New Mexico board of nursing pursuant to the
act.
E. “IACET” means international association
for continuing education and training.
F. “IBCLC” means
International board certified lactation consultant.
G. “LEARRC” means
lactation education accreditation and approval review committee.
H. “LLCP” means licensed
lactation care provider.
I. “NCCA” means national commission for certifying agencies.
[16.12.11.7
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16.12.11.8 NON-LICENSED PRACTICE; EXCEPTIONS:
A. Licensure with
the board is not required to provide lactation care and services in the state
of New Mexico; provided, however, that any individual not licensed by the board
as a licensed lactation care provider may not use the title “licensed lactation
care provider” (LLCP) or otherwise imply to the public that they are licensed
in New Mexico by the board as a licensed lactation care provider under the act.
B. Nothing in the act or these rules shall
be construed to prevent the practice of lactation care and services by health
care professionals, volunteers, students, interns, or other persons.
[16.12.11.8
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16.12.11.9 APPROVED CERTIFICATIONS; PETITION
TO APPROVE:
A. The following
certifications conferred by a program accredited by a nationally or
internationally recognized accrediting agency are recognized by the board and
approved for licensure requirements:
(1) Certified
lactation counselor (CLC) accredited by the academy of lactation policy and
practice.
(2) International
board certified lactation consultant (IBCLC) accredited by the international
board of lactation consultant examiners.
B. Petition to approve
certification.
(1) An
individual who holds a certification as a lactation care provider conferred by
a certification program accredited by a nationally or internationally
recognized accrediting agency that is not an approved certification listed
above may petition the board and request approval of the certification.
(2) The
board shall review the petition and determine whether the certification
sufficiently substantiates adequate education, didactic and clinical
preparedness, continuing education requirements, and other factors that
establish competency.
(3) The
decision of the board is discretionary and shall not be subject to review or
binding on any future petition.
[16.12.11.9
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16.12.11.10 FEES: Payment of fees will be accepted in the form
specified by the board. Fees are not
refundable.
A. Initial licensure
$60.00.
B. Renewal
$40.00.
C. Reinstatement and renewal of lapsed
license $60.00.
D. Lactation care provider list $100.00.
[16.12.11.10
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16.12.11.11 LICENSURE REQUIREMENTS:
A. Requirements for licensure:
(1) Be at least 18 years of age.
(2) Hold an approved certification as a lactation
care provider.
(3) Complete the required board application
form in the specified deadline and remit the required fee. The board may require additional information
in the application, including demographics, information on practice status, and
education; which will be for data collection purposes only and shall not affect
approval of the application.
(4) Submission of applicant’s fingerprint
cards to the federal bureau of investigation to conduct a national criminal
history background check and to the New Mexico department of public safety to
conduct a state criminal history check. If
a criminal background check reveals a conviction or other history that may be
cause for denial of the license, the board may request additional documents or
other information be submitted to determine whether a license should be
granted.
(5) Only complete applications should be
submitted to the board. An incomplete
application may be denied.
B. Requirements for renewal of license:
(1) Complete the
required renewal application form in the specified deadline and remit the
required fee to the board. The board may
require additional information in the application, including demographics,
information on practice status, and education; which will be for data
collection purposes only and shall not affect the application approval. Renewal applications should be submitted at
least 30, but no more than 60 days prior to the expiration of the license.
(2) Maintain a current approved
certification recognized by the board.
(3) Complete all required
continuing education hours and indicate compliance on the renewal application.
(4) Licensees mobilized for active duty,
other than training, are not required to renew their license while deployed on
active duty, and will not be subject to a reinstatement fee. A copy of the mobilization orders must be
submitted to the board office prior to expiration of the license or within 30
days upon return from active duty.
(5) A renewal notice
shall be sent to the licensee at least six weeks prior to the end of the
renewal month. Failure to receive notice
renewal shall not relieve the licensee of the responsibility of renewing the
license by the expiration date.
C. Requirements for reinstatement of
license:
(1) Complete
any required reinstatement form and remit the required fee to the board.
(2) Maintain a current approved certification recognized by the board.
(3) A reinstated
license shall be valid for two years.
D. Requirement to maintain current name and address:
(1) A licensee shall report to the board in writing or other
method accepted by the board, of any change of name, or change in mailing
address. Failure to update the board of
any name or address change within thirty days shall be a violation of the board
rules and may result in disciplinary action.
(2) A licensee must use their name as it
appears on the current license until a name change is processed by the board. Name change can be submitted with license
renewal or at any time by submitting a copy of the legal document required for
name change (only recorded
marriage certificate, divorce decree or court order accepted).
[16.12.11.11
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16.12.11.12 CONTINUING EDUCATION:
A. Introduction: Pursuant to the provision of the Lactation
Care Provider Act, the board prescribes the following minimum requirements for
continuing education (CE) to be met by each licensee to protect the health and
well-being of the public and to promote current lactation care and services
knowledge and practice. Continuing
education is one of the most important responsibilities of the licensed
lactation care provider and is a lifelong process. The primary responsibility for continuing
education rests with the individual licensee.
A diversity of lactation care-related learning activities are
recommended to enhance the scope of professional development.
B. Requirements:
(1) Twenty-four contact hours of approved
continuing education must be successfully completed within the 24 months
immediately preceding expiration of the license.
(2) Continuing education obtained for a
national or international approved certification recognized by the board may be
accepted toward the contact hour requirement if completed during the renewal
period.
C. A contact hour means 50 to 60
minutes of an organized learning experience relevant to lactation care and
services, approved by one of the following:
(1) international board of lactation
consultant examiners;
(2) academy of
lactation policy and practice;
(3) lactation
education accreditation and approval review committee (LEARRC);
(4) international
association for continuing education and training (IACET);
(5) national
commission for certifying agencies (NCCA).
D. Failure to meet the CE requirements may
result in the license not being renewed, reactivated and reinstated, or other
disciplinary action.
E. Licensees who hold another license
with the board may apply continuing education credit hours completed for the
other license to the lactation care provider license CE requirements so long as
the continuing education would otherwise be approved by these rules. No more than 12 continuing education hours may
count toward both licenses.
F. Records: Licensees are responsible for maintaining
their continuing education records and for keeping the certificates of
verification of attendance of CE activities for at least two years after the
license is renewed. Copies of
certificates must be submitted to the board office upon request. Failure to maintain or provide such records to
the board may be grounds for discipline.
[16.12.11.12
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16.12.11.13 STANDARD OF PRACTICE:
A. Licensees shall identify themselves by name and certification,
and shall provide their license number if requested.
B. The licensee shall practice in
accordance with the Lactation Care Provider Act and respective scope of
practice within the approved certification recognized by the board.
C. The licensee may assume specific
functions and perform specific procedures which are beyond basic lactation care
provider preparation with demonstration of appropriate education and level of
competence, provided the knowledge and skills required to perform the function
and procedure emanates from a recognized body of knowledge and practice, which
may result in a certification, and so long as the function or procedure is not
prohibited by law.
D. The licensee shall maintain individual competency in
lactation care practice, recognizing and accepting responsibility for individual
actions and judgments.
E. The licensee shall have knowledge of, and function within,
the laws and rules governing the practice.
F. The licensee acts to safeguard the patient or client when her
care and safety are affected by incompetent, unethical, or illegal conduct of
any person, and shall timely report the conduct to the board and, where
appropriate, the recognized national and international certifying organizations
and law enforcement.
G. The licensee shall recognize the dignity and rights of others
regardless of social or economic status and personal attributes; and shall
conduct practice with respect for human dignity, unrestricted by considerations
of age, race, religion, sex, sexual orientation, gender identity, national
origin, disability or nature of the patient or client health.
H. The licensee safeguards the individual right to privacy by
judiciously protecting information of a confidential nature.
I. The licensee shall not advertise their professional
services in a manner that misrepresents facts or creates unjustified or
unreasonable expectations about lactation care and services or the results of
the licensed lactation care provider.
[16.12.11.13
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16.12.11.14 DICIPLINARY PROCEEDINGS:
A. Authority: The board may deny, revoke, or suspend a
license held or applied for under the Lactation Care Provider Act; or reprimand
or place a license on probation with conditions on the grounds stated in
Section 61-36-6 NMSA 1978.
B. For the purpose of Section 61-36-6
NMSA 1978, “incompetence” is defined as follows: In performing lactation care
and service functions, whether direct patient care or the administration or management
of that care, a licensee is under a legal duty to possess and to apply the
knowledge, skill and care that is ordinarily possessed and exercised by other licensees
of the same certification status and required by the generally accepted
standards, of the profession including those standards set forth in these
rules. The failure to possess or to
apply to a substantial degree such knowledge, skill and care constitutes
incompetence for purposes of disciplinary proceedings. Charges of incompetence may be based on a
single act of incompetence or on a course of conduct or series of acts or
omissions, which extend over a period of time and which, taken as a whole,
demonstrates incompetence. It shall not
be necessary to show that actual harm resulted from the act or omission or
series of acts or omissions, so long as the conduct is of such a character that
harm could have resulted to the patient or client or to the public from the act
or omission or series of acts or omissions.
C. For the purpose of Section 61-36-6
NMSA 1978, “unprofessional conduct” includes, but is not limited to, the
following:
(1) dissemination
of a patient or client’s health information or treatment plan acquired during
the course of employment to individuals not entitled to such information and
where such information is protected by law or organization policy from
disclosure;
(2) falsifying or altering patient or client
records or personnel records for the purpose of reflecting incorrect or
incomplete information;
(3) misappropriation of money, drugs or
property;
(4) obtaining or
attempting to obtain any fee for patient or client services for one’s self or
for another through fraud, misrepresentation, or deceit;
(5) aiding, abetting, assisting or hiring
an individual to violate the lactation care provider act or duly promulgated
rules of the board;
(6) failure to make or keep accurate,
intelligible entries in records as required by law, policy and standards for
the practice of lactation care and services;
(7) obtaining or attempting to obtain a
license to practice lactation care and services for one’s self or for another
through fraud, deceit, misrepresentation or any other act of dishonesty in any
phase of the licensure process;
(8) failure to report a licensee who is
suspected of violating the New Mexico Lactation Care Provider Act or rules;
(9) intentionally engaging in sexual
contact with or toward a patient or client in a manner that is commonly
recognized as outside the scope of practice of the individual licensee;
(10) abandonment, which occurs when the
licensee has accepted an assignment to provide care, service, or treatment to a
patient or client, thus establishing a professional relationship, and then
abruptly severed the relationship without reasonable notice provided to the
patient or client; and distinguished from contractual disagreements,
termination, or other employment issues;
(11) engaging in the practice of lactation
care and services when judgment or physical ability is impaired by alcohol or
drugs or controlled substances;
(12) committing acts which constitute
grounds for disciplinary action pursuant to Paragraph (1) and (2) of Subsection
A of Section 61-36-6 NMSA 1978 where the conviction arises from employment as a
lactation care provider, Paragraph (3) and (4) of Subsection A of Section 61-36-6
NMSA 1978 where the intemperance, addiction, incompetence or unfitness has
manifested itself during the course of employment as a lactation care provider in
a fashion which is contrary to the provision of good health care, and Paragraph
(6) of Subsection A of Section 61-36-6 NMSA 1978;
(13) practice which is beyond the scope of
licensure;
(14) verbally or physically abusing a
patient, client or colleague;
(15) failure to maintain appropriate
professional boundaries which may cause harm to the patient;
(16) failure to comply with any other
requirement provided by these rules.
[16.12.11.14
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16.12.11.15 ADVISORY COMMITTEE:
A. Pursuant to Section 61-36-3 NMSA 1978,
the board may appoint a lactation care provider advisory committee to assist
the board in regulating the practice of lactation care. The committee shall assist and advise the
board in the review of issues related to the practice of lactation care.
B. The committee shall include a minimum of
five, and no more than ten, members. The
committee is intended to represent the diversity of the state and the
profession, and shall include, at minimum:
(1) a
member of the board;
(2) a
certified lactation counselor;
(3) a
international board certified lactation consultant; and
(4) a
public member that is not a licensed or certified lactation care provider.
C. The committee shall review applications
for initial licensure, make recommendations to the board, and perform any other
duties as requested or directed by the board.
[16.12.11.15
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HISTORY OF
16.12.11 NMAC: [RESERVED]