New Mexico Register / Volume
XXIX, Issue 15 / August 14, 2018
NOTICE
OF PUBLIC HEARING
The New Mexico Department of Health will hold a public hearing on the proposed repeal and replacement of rule, 16.11.2 NMAC, “Certified Nurse Midwives”. The public hearing
will be held on September 25, 2018 at 9:30 a.m. in the auditorium of the Harold
Runnels Building, located at 1190 St. Francis Drive in Santa Fe, New Mexico.
This hearing will be conducted to receive public comment regarding
the proposed repeal and replacement of the current rule concerning the
licensing, scope of practice, and disciplining of certified nurse midwives. The hearing will be conducted to receive
public comments regarding the proposed repeal and replacement of the rule,
16.11.2. NMAC, including the following rule parts:
1. Amended Subsection B of
16.11.2.10 NMAC-Certified Nurse-Midwife: added to Subsection B the ability
to prescribe through electronic health record (EHR) and added a requirement
that a CNM is to prescribe, provide samples of and dispense any dangerous drug
to a patient only if the CNM is in a valid CNM-client relationship with a
patent; and, inserted new Subsection D of 16.11.2.10 NMAC-Certified
Nurse-Midwife, the Prescription Monitoring Program (PMP) requirements. The PMP Requirements
change is part of a state-wide initiative for all practitioners to obtain and
review a report from the state’s prescription monitoring program prior to
prescribing or dispensing an opioid for the first time to a patient, pursuant
to Section 26-1-16.1 NMSA 1978 (2017).
2.
Removed Paragraph (2) and (5) of
Subsection B of 16.11.2.10 NMAC-Certified Nurse-Midwife:
the provision had allowed CNMs to prescribe controlled substances in emergency
situations to family/household/self.
3. Removed Subsection E of 16.11.2.10
NMAC-Certified Nurse-Midwife “Limitation of physician liability”: this
provision stated that any consultative relationship between a CNM and a
physician shall not by itself provide the basis for finding a physician liable
for any acts or omissions of the CNM.
4. Amended 16.11.2.11 NMAC-Certified
Nurse-Midwife, License Denial, Suspension, or Revocation; Disciplinary Action:
Added more specific language to give clearer guidance for the appeal process in
cases of non-disciplinary proceedings; to make it clear that final
administrative decisions are reported to the National Practitioner Data Base
(NPDB), as required; adds as grounds for discipline the falsifying or altering
of personnel records; lengthens to 20 business days the time in which a CNM may
report in writing to the division any complaint or claim against the CNM’s
practice as a registered, certified or licensed health care provider in any
jurisdiction; provides for a settlement process in lieu of hearing, if
appropriate; and, to clarify the requirements for reinstatement of a revoked
license.
5. Amended 16.11.2.7 NMAC-Certified
Nurse-Midwife Definitions: Added
definition “AMCB”, American midwifery certification board – this is the
certifying body, to distinguish from “ACNM”, American college of
nurse-midwives, which is the professional organization; updated the definition
of a “Valid CNM-client relationship” to clarify it is a professional
relationship for the purpose of maintaining the client’s well-being.
6. Amended Paragraph (5) of Subsection C of 16.11.2.9 NMAC-Certified Nurse-Midwife, Licensure:
specifying the right to an appeal hearing if licensure is denied; Amended Subsection
E of 16.11.2.9 NMAC - Certified Nurse-Midwife to change the fees section to
reflect a slightly higher penalty for late renewals, and added clarification of
when applications are due; Amended Paragraph (2) and (3) of Subsection C of
16.11.2.9 NMAC - Certified Nurse-Midwife to add clarification for license
requirements, especially continuing education (CE) requirements and which
options may be accepted in lieu of CE contact hours.
7. Amended 16.11.2.12 NMAC-Certified
Nurse-Midwife, “Advisory Board”: Added more details to description of the
“public” and “division employee” Advisory Board membership qualifications.
The legal authority authorizing the
proposed repeal and the adoption of the replacement rule by the Department is
at Subsection E of Section 9-7-6, Subsections B and D of Section 24-1-2,
Subsection J of Section 24-1-3 and Section 24-1-5 NMSA 1978.
The foregoing are summaries of the proposed rule. The
proposed rule includes various additional substantive revisions not identified
here. Free copies of the full text of the proposed rule may be obtained online
from the Department’s website at https://nmhealth.org/publication/regulation/
Any interested member of the public may attend the hearing and offer
public comments on the proposed rule during the hearing. Written public comments may also be submitted
prior to the date of the hearing. Please
submit any written comments regarding the proposed rule to the attention of:
Catherine Avery
Maternal Health Program Manager
Family Health Bureau/Public Health Division
2040 S. Pacheco (Colgate Building)
Santa Fe, New Mexico 87505
(505) 476-8866
All written comments must be received by 5 pm MST on
September 23, 2018. All written comments will be published on the agency
website at https://nmhealth.org/publication/regulation/ within 3 days of
receipt, and will be available at the New Mexico Department of Health Office of
General Counsel for public inspection.
If you are an individual with a disability who is in need of
special assistance or accommodations to attend or participate in the hearing,
please contact Samantha Baca by telephone at (505) 827-2997. The Department requests at least ten (10)
days advance notice to provide requested special accommodations.