New Mexico Register / Volume XXXII, Issue 22 / November 30,
2021
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER
12 NURSING AND HEALTH CARE RELATED
PROVIDERS
PART
1 GENERAL PROVISIONS
16.12.1.1 ISSUING AGENCY: New Mexico Board of Nursing.
[16.12.1.1 NMAC - Rp, 16.12.1.1
NMAC, 12/30/2021]
16.12.1.2 SCOPE: These rules apply to
the board and all those licensed by or subject to the jurisdiction of the
board.
[16.12.1.2 NMAC - Rp, 16.12.1.2
NMAC, 12/30/2021]
16.12.1.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the Nursing
Practice Act, Sections 61-3-1 to -30 NMSA 1978 and the Lactation Care Provider
Act, Sections 61-36-1 to -6 NMSA 1978.
[16.12.1.3 NMAC - Rp, 16.12.1.3
NMAC, 12/30/2021]
16.12.1.4 DURATION: Permanent.
[16.12.1.4 NMAC - Rp, 16.12.1.4
NMAC, 12/30/2021]
16.12.1.5 EFFECTIVE DATE: December 30, 2021,
unless a later date is cited at the end of a section.
[16.12.1.5 NMAC - Rp, 16.12.1.5
NMAC, 12/30/2021]
16.12.1.6 OBJECTIVE: The objective of
Part 1 is to promote, preserve and protect the public health, safety and
welfare by regulating the practice of nursing, lactation care providers,
certified medication aides, certified hemodialysis technicians, approve schools
of nursing and medication aide and hemodialysis technician training programs in
the state.
[16.12.1.6 NMAC - Rp, 16.12.1.6
NMAC, 12/30/2021]
16.12.1.7 DEFINITIONS:
A. “Board” means the New Mexico
board of nursing.
B. “Certificate” means a legal document granting
permission to an unlicensed person to perform specific functions considered the
practice of nursing.
C. “CEU” is the
abbreviation for continuing education unit.
D. “CHT”
is the abbreviation for certified hemodialysis technician.
E. “CMA” is the abbreviation
for certified medication aide.
F. “Client” means
any person domiciled, residing, or receiving care, service or treatment from a
licensed nurse, licensed lactation care provider, or certified unlicensed
assistive person. This includes but is
not limited to patients, residents, or consumers.
G. “Contact hour”
means the unit of measurement describing an approved and organized
learning experience equivalent to 60 clock minutes.
H. “Continuing education” means planned learning experiences beyond a
basic nursing education program. These
experiences are designed to promote the development of knowledge, skills and
attitudes for the enhancement of nursing practice, thus improving health care
to the public.
I. “Continuing education unit”
means 10
contact hours of participation in an organized continuing education experience
under responsible sponsorship, capable direction, and qualified instruction.
J. “Coordinated licensure information system” means an
integrated process for collecting, storing and sharing information on nurse
licensure and enforcement activities related to nurse licensure laws that is
administered by a nonprofit organization composed of and controlled by
licensing boards.
K. “License” means a legal document
granting an individual the privilege and authority to engage in practice of an
occupation or profession.
L. “Licensure period” means the length of time for which a
license or certificate is valid. The
initial (first) licensure period it is from the date of initial license or
certificate issuance to the day the license or certificate expires. For subsequent licensure periods it is the
day after the previous licensure period ended to the end next license or
certificate expiration date.
M. “Multistate/compact license”
means
a license granted through New Mexico’s participation in the nurse licensure
compact that grants the licensee the legal authority to practice in all party
states of the nurse licensure compact.
N. “National practitioner data bank” means the
database operated by the U.S. department of health and human services that
contains medical malpractice payment and adverse action reports on health care
professionals.
[16.12.1.7 NMAC - Rp, 16.12.1.7
NMAC, 12/30/2021]
16.12.1.8 MISSION OF THE BOARD: The mission of the board is to
promote, preserve and protect the public health, safety and welfare by
regulating the practice of nursing, schools of nursing, hemodialysis
technicians, medication aides, and lactation care providers in New Mexico. The board is not an advocacy organization but
is instead a regulatory body responsible at all times and in all situations for
acting in the interest of the public.
[16.12.1.8 NMAC - N, 12/30/2021]
16.12.1.9 BOARD ADMINISTRATION:
A. Organization:
(1) The
board shall annually elect a chair, vice-chair, and secretary. The term of office begins immediately after
the conclusion of the meeting at which the election occurred.
(2) All
members of the board, including public members, are eligible to serve as an
officer of the board.
B. Executive director:
(1) The board
shall hire and employ a qualified registered nurse, who shall not be a member
of the board, to serve as executive director.
(2) The
executive director shall be accountable to the board for the administration and
management of the board office and staff, including but not limited to the
board’s fiscal operations, records, and management of personnel (including
hiring, supervising, and firing staff).
(3) The
executive director, or designee, shall represent the board to the public.
(4) As
provided in the Nursing Practice Act, the board shall not delegate to the
executive director the power to grant, deny or withdraw approval for schools of
nursing or to revoke, suspend or withhold any license authorized by the Nursing
Practice Act.
C. Board meetings:
(1) The
board shall meet at least once every three months.
(2) The
board shall annually review and adopt an open meetings resolution, consistent
with the Open Meetings Act, Sections 10-15-1 to -4 NMSA 1978.
(3) The
board shall approve a schedule of regular meeting dates at a regular meeting
prior to the beginning of the next calendar year. The board shall publish this schedule in its
newsletter and on its website.
(4) Individual
board members may attend meetings through telephonic or similar communications
equipment when it is difficult or impossible for the person to be physically
present. Whenever attending a meeting in
such a manner, board members must fully comply with all requirements set by the
Open Meetings Act and the board’s annual open meetings resolution.
D. Signatures: A record, order, contract, or other document
requiring a signature from an authorized person on behalf of the board may be
signed by the chair, vice-chair, or executive director.
[16.12.1.9 NMAC - Rp, 16.12.1.8
NMAC, 12/30/2021]
16.12.1.10 AGENCY:
A. Verification of license or
certificate:
(1) The board staff shall make informal verification of licensure or certification status available
immediately on the board website.
(2) Any employer or other interested
person or entity may request informal verification of the status of a license
or certificate.
(3) Formal
verification of licensure may only be requested through postal mail or fax
through the submission of the board’s verification request form and remittance
of the required fee pursuant to 16.12.2.9 NMAC.
(4) Formal
verification of registered nurse or licensed practical nurse licensure for the
purposes of another U.S. nursing regulatory body must be requested through the
national council of state boards of nursing (NCSBN) web-based system.
B. Reporting
of discipline and other licensure matters:
The board staff shall complete all required reporting of disciplinary
matters and other reportable actions to the national practitioner databank and
coordinated licensure information system as required by federal and state law.
[16.12.1.10 NMAC - N, 12/30/2021]
16.12.1.11 COMMITTEES:
A. Advisory function: To assist and advise the board in its
functions and mission, the board may appoint and utilize, at its discretion,
advisory committees consisting of at least one board member and at least two
members expert in the pertinent field of relevant health care to assist in the
performance of the board’s duties. Any committee serving the board shall have a
purely advisory role and shall not have any policymaking authority of any kind.
B. Membership: Except as otherwise provided in the board’s
rules, the board has absolute discretion with respect to the number of
individuals who may serve on a committee, provided that in no case shall a
quorum of the members of the board serve on a committee.
C. Duties and responsibilities: The board shall annually, at an open meeting,
review the duties and responsibilities of each committee and subsequently
provide each committee with written objectives to satisfy within the following
year.
D. Except as otherwise provided in the
board’s rules:
(1) Committee members may serve two-year
terms.
(2) The board may reappoint currently
serving committee members to serve additional terms.
(3) An individual’s service on a
committee is voluntary, and the individual may resign from the committee at any
time upon written notification to the executive director.
(4) Advisory committee members may be
reimbursed as provided in the per diem and Mileage Act, provided that mileage may only be paid when there is a total
of 60 miles or more traveled.
(5) Termination
of membership:
(a) Members
of committees serve at the pleasure of the board, and the board may remove a
member from a committee at any board meeting.
(b) The
executive director shall automatically terminate an individual’s membership on
a committee if the individual fails to attend three consecutive committee
meetings.
E. Any committee shall, if ordered by
the executive director or the board, meet virtually rather than in person as a
means of achieving greater efficiency and productivity.
[16.12.1.11 NMAC - N, 12/30/2021]
16.12.1.12 ETHICAL RESPONSIBILITIES OF BOARD
MEMBERS, STAFF, AND COMMITTEE MEMBERS:
A. High ethical standards: Pursuant to the mission of the board, all
members of the board, employees of the board, and committee members shall act
in their official capacities in the interest of the public and not for personal
gain or the benefit of the members of a particular profession.
B. All members of the board, employees
of the board, and committee members shall abide by the requirements of the
Governmental Conduct Act and all other New Mexico laws governing the ethical
conduct of public officers and employees.
C. Code of conduct: The board shall annually adopt, at a
regularly scheduled board meeting, a code of conduct for all members of the
board, employees of the board, and committee members.
[16.12.1.12 NMAC - N, 12/30/2021]
16.12.1.13 INFORMATIONAL OBLIGATIONS OF
LICENSE AND CERTIFICATE HOLDERS:
A. Use of legal name: A licensee or certificate holder must use
the licensee or certificate holder’s legal name on all applications and
licenses.
B. Name changes:
(1) A
licensee or certificate holder may submit a name change to the board at
any time.
(2) A licensee or certificate holder must submit, as part of any name
change request, a copy of one of the following legal documents verifying the
name change: a recorded marriage certificate, a divorce decree, or a court
order.
(3) The licensee or certificate holder
must continue to use the name on record with the board for work purposes until
the board acknowledges the official change of name.
C. Contact information:
(1) A
licensee or certificate holder is obligated to maintain current and accurate
contact information on file with the board.
(2) A
licensee or certificate holder shall notify the board within 30 days of a
change of the licensee or certificate holder’s contact information.
(3) Failure
to disclose a change of mailing or residential address shall constitute grounds
for disciplinary action.
(4) For
the purposes of this rule, “contact information” means the licensee or
certificate holder’s mailing address, residential address, email address, and
telephone number.
D. Name and mailing
address of employer:
(1) A
licensee or certificate holder is obligated to maintain the current and
accurate name and mailing address of the licensee or certificate holder’s
employer on file with the board.
(2) A
licensee or certificate holder shall notify the board within 30 days of any
change in the name and address of the licensee or certificate holder’s
employer.
(3) Failure
to disclose a change of the name and mailing address of the licensee or
certificate holder’s employer shall constitute grounds for disciplinary action.
[16.12.1.13 NMAC - N, 12/30/2021]
HISTORY of 16.12.1 NMAC:
Pre-NMAC History:
The
material in this part was derived from that previously filed with the state
records center & archives under: BON
70-2, Administrative Policy, filed 7/17/1970;
BON
73-1, Rules and Regulations of the Nursing Practice Act, filed 3/13/1973;
BON
78-1, Administrative Rules and Regulations of the New Mexico Board of Nursing,
filed 11/02/1978;
BON
MANUAL #83-1, Administrative Rules and Regulations of the Board of Nursing,
filed 6/13/1983;
BON
MANUAL #85-1, Administrative Rules and Regulation of the Board of Nursing,
filed 8/13/1985;
BON
MANUAL 91-2, Administrative Rules and Regulations of the New Mexico board of
nursing, filed 10/09/1991.
History of Repealed Material:
16.12.1
NMAC, Nursing and Health Care Related
Providers - General Provisions, filed 6/12/2001 - Repealed effective
10/1/2016.
16.12.1
NMAC, Nursing and Health Care Related
Providers - General Provisions filed 9/1/2016 - Repealed effective
12/30/2021.
Other History: 16
NMAC 12.1, Nursing and Health Care Related Providers - General Provisions,
filed 12/10/1997, renumbered, reformatted and amended to 16.12.1 NMAC, General
Provisions effective 7/30/2001.
16.12.1
NMAC, Nursing and Health Care Related
Providers - General Provisions filed 9/1/2016 Replaced 16.12.1 NMAC, Nursing and Health Care Related Providers -
General Provisions effective 12/30/2021.