New
Mexico Register / Volume XXXII, Issue 20 / October 26, 2021
NOTICE
OF PUBLIC RULE HEARING AND REGULAR BOARD MEETING
The New Mexico Board of Nursing Home Administrators will hold a rule
hearing on Wednesday, December 1, 2021, at 10:00 a.m. Following the rule hearing, the Board will
convene a regular board meeting to adopt the rules and take care of regular
business. The rule hearing and board meeting will be held at the Regulation and
Licensing Department, 2550 Cerrillos Road, Santa Fe, NM, in the Rio Grande
Conference Room for those desiring to attend in person.
Face masks are required to be worn in the
Toney Anaya Building for all in-person attendees.
The meeting will also be held via Cisco Webex Meetings for those
desiring to attend virtually.
https://nmrld.webex.com/nmrld/onstage/g.php?MTID=eaeda6ffcf868a87a3fc9606145009a97
To join the meeting
by phone: 1-415-655-0002 United States
Toll
Access Code: 2490
205 4571
The purpose of the
rule hearing is to consider proposed amendments to the following rules:
16.13.1 NMAC – General Provisions
16.13.2 NMAC – Fees
16.13.3 NMAC – Application for Licensure by Examination
16.13.4 NMAC –
Examination of Approved Applicants
16.13.5 NMAC – Application for Licensure by Reciprocity
16.13.6 NMAC – Licensure for Military Service Members, Spouses, Dependent Children and Veterans
16.13.8 NMAC –
License Renewal
16.13.18 NMAC – Grounds for Disciplinary Action
To obtain and review
copies of the proposed changes and public comments, you may go to the Board’s
website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/nursing-home-administrators/nha-board-information/nha-board-meetings/
or contact the Boards and Commissions Division
at (505) 476-4622.
The Board is
currently accepting public written comments on the proposed amendments. Please submit written comments on the proposed
changes to Roxann Ortiz, Board Administrator, via electronic mail at: Nursinghomeadminbd@state.nm.us, or by regular mail at P.O. Box 25101, Santa Fe, NM 87504, no later than
Tuesday, November 30, 2021. Written comments
received prior to the rule hearing will be posted to the RLD website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/nursing-home-administrators/nha-laws-rules-and-policies/
. Persons will also be given the opportunity to
present their written or oral comments at the public rule hearing.
The agenda for the board meeting will be posted and
available at least 72 hours before the meeting on the Board website at https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/nursing-home-administrators/nha-board-information/nha-board-meetings/
Copies of the rules or the
agenda may also be obtained by contacting Roxann Ortiz, Board Administrator at
(505) 476-4622.
An individual with a
disability who is in need of a reader, amplifier, qualified sign language
interpreter, or other form of auxiliary aid or service to attend or participate
in the hearing, please contact Roxann Ortiz, Board Administrator at
(505) 476-4622.
Statutory Authority: Legal
authority for this rulemaking can be found in the Nursing Home Administrators Act, NMSA
1978, Sections 16-13-1 to -17, which, among other provisions, specifically
authorizes the Board to “formulate, adopt and regularly revise such rules and
regulations not inconsistent with law as may be necessary to adopt and enforce
standards for licensing nursing home administrators and to carry into effect
the provisions of the Nursing Home Administrators Act.” NMSA 1978, Section 61-13-6(A). Additional legal authority for this
rulemaking can be found in the Uniform Licensing Act, NMSA 1978, Sections
61-1-1 to -36.
Purpose and Summary of the Proposed Rules
Changes:
16.13.1 NMAC – General Provisions
The amendments to
this part include citation edits and revisions of some definitions in order to
align with the current usage. Further, a
new proposed section (16.13.1.9 NMAC) has been added which permits an applicant
or licensee to request a waiver by the board of any requirement in Title 16,
Chapter 13 NMAC.
16.13.2 NMAC - Fees
The amendments to this part include citation edits, removal of
extraneous language with respect to the examination and computer based testing
fees due to the fact that those fees are paid directly to NAB, as well as
removal of hyperlinks to the board’s website as the website location is subject
to change.
16.13.3 NMAC – Application for Licensure by
Examination
The amendments to this part include the revisions of some definitions
in order to align with current usage, as well as the addition of the condition
that a NAB certified preceptor be utilized for the prerequisite requirement
that an individual complete a board approved administrator in training program
or board approved internship program.
Further, proposed changes have been made to the method by which proof of
completion of the required administrator in training program or internship
program must be provided. Additional
amendments to this part include the removal of exam related information that
does not reflect the current examination process.
16.13.4 NMAC – Examination of Approved
Applicants
This part is being repealed in its entirety due to the fact that the
information does not reflect the current examination process.
16.13.5 NMAC – Application for Licensure by
Reciprocity
The amendments to this part include the removal of the reference to
the PES and NAB examination, as well as the addition of a requirement that an
applicant for licensure by reciprocity either complete an approved
administrator in training program or demonstrate proof that the applicant has
worked full-time for twelve consecutive months as an administrator. Additional amendments to this part include
the removal of the notary requirement for signature as well as minor grammatical
revisions to 16.13.5.12(A)(4).
16.13.6 NMAC - Licensure for Military
Service Members, Spouses, Dependent Children and Veterans
The amendments to this part includes a repeal and replace of the part
due to the 2021 legislative change regarding HB120 Military Spouses Expedited
Licensure. The proposed rule changes the
time for approving an application for license from sixty days to thirty days
and removes "recent" from the definition of veteran. The rule also sets out application and
renewal requirements.
16.13.8 NMAC – Licensure Renewal
The amendment to this part includes the removal of 16.13.8.10 NMAC due
to the fact that licensing and renewal processes are being transitioned to an
online format and mail notifications will no longer be sent to physical
addresses.
16.13.18 NMAC – Grounds for Disciplinary
Actions
The amendments to this part include the addition of new language to
the rule to comply with the 2021 legislative change regarding SB2. The proposed rule sets out what criminal
felony convictions directly relate to the particular profession of nursing home
administration that may disqualify the applicant or licensee from holding a
license. Amendments to this part also
include the removal of the definition of “conviction”, as the term
“disqualifying criminal conviction” is now defined in 1978 NMSA, Section
61-1-36(E).