New Mexico Register / Volume XXXI, Issue
17 / September 15, 2020
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 October 26, 2020 at 9:30 a.m.
via Cisco WebEx online, via telephone, and, comments will be received
via email through the conclusion of the hearing.
The hearing is being held via internet,
email and telephonic means due to the concerns surrounding Coronavirus and in
accord with Governor Michelle Lujan Grisham’s Executive Order 2020-004,
Declaration of a Public Health Emergency, and any subsequent executive orders,
and various the Public Health Emergency Orders limiting mass gatherings due to
COVID-19.
The hearing will be conducted to receive
public comments regarding the proposed repeal and replacement of the current rule,
16.11.2 NMAC, concerning the licensing, scope of practice, and disciplining of
certified nurse midwives, including amendments and change to the following rule
parts:
1.
Amended Subsection A of 16.11.2.10 NMAC scope of
practice for a certified nurse midwife to include treatment of “clients”
replacing the term “male partners” for sexually transmitted infections.
2.
Amended 16.11.2.7 NMAC to add definitions for electronic
professional licensing management system, lapsed license, opioid antagonist, reactivation
and reinstatement.
3.
Amended Subsection C of 16.11.2.9 NMAC on the timing
of when renewal applications are due.
4.
Amended Paragraph (3) of Subsection B of 16.11.2.10 NMAC
to add that controlled substances can now be prescribed electronically.
5.
Added a reference in Subsection (k) of Paragraph (2)
of Subsection C of 16.11.2.10 NMAC that a CNM shall comply with opioid
antagonist prescribing practices as set forth in the New Mexico Pain Relief Act.
6.
Amended 16.11.2.10 NMAC to add Section E, a requirement
for immediate reporting of a neonatal or maternal mortality for those CNMs who
work in a setting other than a licensed health facility.
7.
Amended Paragraph (5) of Subsection A of 16.11.2.11 NMAC
and Paragraph (6) of Subsection A of 16.11.2.11 NMAC to clarify grounds for
disciplinary action involving a felony offense and added misdemeanor offense as
grounds for disciplinary action.
The legal authority authorizing the
proposed repeal and replacement of the rule by the Department is at Subsection
E of Section 9-7-6 NMSA 1978, Subsections S and V of Section 24-1-3 NMSA 1978, and
24-1-4.1 NMSA 1978. A free copy of the
full text of the proposed rule can be obtained 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. To access the hearing by
telephone: please call 1-408-418-9388. Your
telephone comments will be recorded. To
access the hearing via internet: please go to Webex.com; click the “Join”
button; click the “Join a meeting” button; enter the following meeting number
and password where indicated on screen-Meeting number (access code): 146 939
8411 #, Meeting password: uP3p72ja5tG; click the “OK” button. You may also provide comment via Chat during
the live streaming.
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/
Written public comments may also be
submitted to the mailing address shown below.
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
Catherine.Avery@state.nm.us
(505) 476-8866
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 Sheila Apodaca by telephone at (505)
827-2997. The Department requests at
least ten (10) days advance notice to provide requested special accommodations.