New Mexico Register / Volume XXXII, Issue 16 /August
24, 2021
NOTICE OF PROPOSED RULEMAKING
The New
Mexico Board of Nursing (hereinafter the “Board”) will hold a public rule hearing
on Monday, September 27, 2021 at 9:00 a.m.
Due to the COVID-19 pandemic and state of
emergency, the rule hearing will be held online and telephonically via Zoom
teleconferencing. A Board staff member
will also be present on the day of the hearing from approximately 8:00 a.m. to
9:00 a.m. at 6301 Indian School Rd, NE, Suite 710, Albuquerque, NM 87110, to
accept comments in written form and submit those comments to the Hearing
Officer during the hearing.
To attend the hearing
online, please use the following link: https://us02web.zoom.us/j/83068857429
To join the meeting by
phone, please call: (253) 215 8782 or (346) 248 7799 or (669) 900 9128 or (301)
715 8592 or (312) 626 6799 or (646) 558 8656.
Webinar ID: 830 6885 7429
The purpose of the rule
hearing is to consider a proposal to repeal and replace 16.12.1 NMAC (“General
Provisions”) and to promulgate a new 16.12.12 NMAC (“Discipline and Application
Denials”).
Persons
desiring to view the proposed rules may download them from https://nmbon.sks.com/rule-changes.aspx.
If you do not have internet access, a
copy of the proposed rules may be requested by contacting the NMBON at (505)
841-9083.
The Board is currently
accepting public comments on the proposed amendments. Please submit written comments on the proposed
changes via email to sasha.poole@state.nm.us. Alternatively, members of the public may
submit written comments by sending an
original, signed copy to:
New
Mexico Board of Nursing
ATTN:
NMBON Public Comments
6301
Indian School Road, NE, Suite 710
Albuquerque,
NM 87110
The Board will accept
written public comment received at or before 5:00 PM on Friday, September 25,
2021, as well as written public comment hand-delivered between approximately 8:00 a.m. to 9:00 a.m. at the above-referenced
address on the date of the rule hearing. All written comments will be posted to the
Board’s website no later than three business days following receipt to allow
for public viewing.
Designated Hearing Officer
Melissa Charlie, PhD, RN, Director of Education and Practice, will preside over
the hearing in lieu of the Board. Following the hearing, the Hearing Officer
will send the Board a memorandum summarizing the contents of the hearing along
with the hearing transcript, written public comments, and any exhibits admitted
during the hearing.
If you are a person with a
disability and you require this information in an alternative format or require
a special accommodation to participate in the public hearing, please contact
the NMBON at (505) 841-9083. The NMBON
requests at least ten (10) days advance notice to provide requested alternative
formats and special accommodations.
Statutory Authority: Subsection A of
Section 61-3-10 NMSA 1978 of the Nursing Practice Act, Sections 61-3-1 to -30 NMSA
1978, specifically authorizes the Board to “adopt and revise such rules and
regulations as may be necessary to enable it to carry into effect the
provisions of the Nursing Practice Act and to maintain high standards of
practice.” In addition, Section 61-1-36 NMSA
1978 of the Uniform Licensing Act, Sections 61-1-1 to -36 NMSA 1978, requires
the Board to “promulgate and post on the board's website rules relating to
licensing requirements to list the specific criminal convictions that could
disqualify an applicant from receiving a license on the basis of a previous
felony conviction.”
Purpose of the proposed rules: The proposed
rules are intended to provide greater clarity in existing regulatory and
statutory requirements, ensure continued high levels of professionalism among
licensees and certificate holders, and to generally satisfy the Board’s
statutory obligation to “promote, preserve and protect the public health,
safety and welfare.” Section 61-3-2. In
addition, several of the proposed rule changes are intended to address recent
statutory changes to the Uniform Licensing Act. See S.B. 2, 55th Leg., 1st S.S.
(N.M. 2021), available at https://www.nmlegis.gov/Sessions/21%20Special/final/SB0002.pdf,
and H.B. 120, 55th Leg., 1st Sess. (N.M. 2021), available
at https://www.nmlegis.gov/Sessions/21%20Regular/final/HB0120.pdf.
Summary of Proposed Changes: The Board
summarizes its proposed changes to its administrative rules as follows:
16.12.1 NMAC - General Provisions
The proposed changes to Part
1 of the Board’s current rules consist of repealing the existing language in
its entirety and replacing it with modified language. The new Part 1 would set forth critical
definitions applicable to all of the Board’s rules. It would also set general procedural
requirements for the Board and the Board’s staff such as the election of Board
officers, the responsibilities and authority of the Executive Director, and
requirements for Board meetings. The new
Part 1 would also clarify the roles and functions of the Board’s various
committees and set ethical standards for Board members and staff. Finally, the
new Part 1 would set new informational obligations on licensees and certificate
holders such as maintaining current and accurate contact information on file
with the board and maintaining maintain the current and accurate name and
mailing address of the licensee or certificate holder’s employer on file with
the board.
16.12.12 NMAC - Discipline and Application Denials
This new rule, which recodifies
and amends many of the existing provisions in 16.12.1.9 NMAC, would create a
new Part 12 of the Board’s rules governing discipline and application denials. As a general overview, the new Part 12 would
establish procedures for disciplinary and application proceedings conducted by
the Board as well as the substantive grounds for disciplinary action and
application denials by the Board. Notably,
the rule amends and clarifies the definitions of “incompetent” and
“unprofessional conduct,” revises the requirements for former licensees and
certificate holders to reinstate revoked licenses and certificates, and
clarifies the Board’s use of serious letters of concern. The rule also adds new language governing the
Board’s consideration of criminal convictions in applications and disciplinary
matters, pursuant to Section 61-1-36 of the Uniform Licensing Act, listing the
specific criminal convictions that could disqualify an applicant from receiving
a license on the basis of a previous felony conviction and adding related
limitations on the Board’s consideration of such convictions. The purpose of the rule is to ensure that applications
and complaints against licensees and certificate holders are evaluated and
adjudicated in a fair and impartial manner that complies with due process while
ensuring the public’s continued confidence in the profession.
Technical Information: No technical information provided the basis for
either of the proposed rules.