reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 5 - MEDICATION AIDES › Section 16.12.5.20 - REFRESHER COURSE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Authorized functions of the certified medication aide (see Subsection B of
				16.12.5.10 NMAC).
B. Prohibited functions of the certified
				medication aide (see Subsection C of
				16.12.5.10 NMAC).
C. Medication administration procedures (see
				Subsection F of
				16.12.5.19 NMAC) including
				location of agency resource materials and documentation. Any additional
				training and procedures to safely administer medications as determined by the
				agency nurse educator.
D.
				Medication review as determined by agency nurse educator.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 7 - TRIAL PROGRAM FOR MEDICATION AIDES TO SERVE PERSONS IN LICENSED NURSING FACILITIES [REPEALED]

Current through Register Vol. 35, No. 13, July 16, 2024
[The duration of this part expired on December 31, 2004 and
				repealed August 16, 2005.]
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 8 - TRIAL PROGRAM FOR MEDICATION AIDES TO SERVE STUDENTS IN PUBLIC SCHOOLS [REPEALED]

Current through Register Vol. 35, No. 13, July 16, 2024
[The duration of this part expired on December 15, 2004 and
				repealed August 16, 2005.]
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 9 - MANAGEMENT OF CHRONIC PAIN WITH CONTROLLED SUBSTANCES › Section 16.12.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all advanced practice nurses, including
				  certified nurse practitioners, certified registered nurse anesthetists, and
				  clinical nurse specialists with prescriptive authority.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 9 - MANAGEMENT OF CHRONIC PAIN WITH CONTROLLED SUBSTANCES › Section 16.12.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 61-3-1 NMSA 1978
et seq
., authorized
				  the board of nursing to regulate the practice of nursing in the state and the
				  Pain Relief Act, Sections 24-2D-1 through 24-2D-7 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 9 - MANAGEMENT OF CHRONIC PAIN WITH CONTROLLED SUBSTANCES › Section 16.12.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 21, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 9 - MANAGEMENT OF CHRONIC PAIN WITH CONTROLLED SUBSTANCES › Section 16.12.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
It is the position of the board that certified nurse
				  practitioners, certified registered nurse anesthetists and clinical nurse
				  specialists with prescriptive authority have an obligation to treat chronic
				  pain and that a wide variety of medicines including controlled substances and
				  other drugs may be prescribed after a thorough evaluation has been
				  completed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 9 - MANAGEMENT OF CHRONIC PAIN WITH CONTROLLED SUBSTANCES › Section 16.12.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definitions beginning with "A":
(1)
"acute pain"
, means the
				normal, predicted physiological response to a noxious chemical or thermal or
				mechanical stimulus, typically associated with invasive procedures, trauma or
				disease and generally time limited;
(2)
"addiction",
is a
				neurobehavioral syndrome with genetic and environmental influences that results
				in psychological dependence on the use of substances for their psychic effects.
				It is characterized by behaviors that include one or more of the following:
				impaired control over drug use; compulsive use; continued use despite harm; and
				craving. Physical dependence and tolerance are normal physiological
				consequences of extended opioid therapy for pain and should not by themselves
				be considered addiction.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 9 - MANAGEMENT OF CHRONIC PAIN WITH CONTROLLED SUBSTANCES › Section 16.12.9.9 - PRESCRIPTION MONITORING PROGRAM (PMP) REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The intent of the New Mexico board of nursing in requiring
				  participation in the PMP is to assist advanced practice nurses in balancing the
				  safe use of controlled substances with the need to impede harmful and illegal
				  activities involving these pharmaceuticals.
A. Any advanced practice nurse who holds a
				federal drug enforcement administration registration and a New Mexico
				controlled substance registration shall register with the board of pharmacy to
				become a regular participant in PMP inquiry and reporting.
B. An advanced practice nurse may authorize
				delegate(s) to access the prescription monitoring report consistent with board
				of pharmacy regulation 16.19.29 NMAC. While an advanced practice nurse's
				delegate may obtain a report from the state's prescription monitoring program,
				the advanced practice nurse is solely responsible for reviewing the
				prescription monitoring report and documenting the receipt and review of a
				report in the patient's medical record.
C. Before an advanced practice nurse
				prescribes or dispenses for the first time, a controlled substance in Schedule
				II, III, IV or V to a patient for a period greater than four days, or if there
				is a gap in prescribing the controlled substance for 30 days or more, the
				practitioner shall review a prescription monitoring report for the patient for
				the preceding 12 months. When available, the practitioner shall review similar
				reports from adjacent states. The practitioner shall document the receipt and
				review of such reports in the patient's medical record.
D. A prescription monitoring report shall be
				reviewed a minimum of once every three months during the continuous use of a
				controlled substance in schedule II, III, IV or V for each patient. The
				practitioner shall document the review of these reports in the patient's
				medical record. Nothing in this section shall be construed as preventing an
				advanced practice nurse from reviewing prescription monitoring reports with
				greater frequency than that required by this section.
E. An advanced practice nurse does not have
				to obtain and review a prescription monitoring report before prescribing,
				ordering, or dispensing a controlled substance in schedule II, III, IV or V:
(1) for a period of four days or less;
				or
(2) to a patient in a nursing
				facility; or
(3) to a patient in
				hospice care.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 9 - MANAGEMENT OF CHRONIC PAIN WITH CONTROLLED SUBSTANCES › Section 16.12.9.10 - NON-CANCER PAIN MANAGEMENT CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any advanced practice registered nurse (APRN) with a drug
				  enforcement agency (DEA) registration and licensure that permits prescribing
				  opioids, shall obtain continuing education on the management of non-cancer
				  pain. These practitioners shall be required to obtain five contact hours every
				  renewal period to include a review of these rules 16.12.9 NMAC for management
				  of non-cancer pain, an understanding of the pharmacology and risks of
				  controlled substances, a basic awareness of the problems of abuse, addiction
				  and diversion, and awareness of state and federal regulations for the
				  prescription of controlled substances.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 9 - MANAGEMENT OF CHRONIC PAIN WITH CONTROLLED SUBSTANCES › Section 16.12.9.11 - NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall notify the following persons of the Pain
				  Relief Act and Part 9 of the New Mexico nursing board rule: 16.12.9 NMAC. The
				  board shall notify the following persons of the Pain Relief Act and
				  rules:
A. health care providers under
				its jurisdiction; and
B. a health
				care provider being investigated by the board in relation to the provider's
				pain management services.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 9 - MANAGEMENT OF CHRONIC PAIN WITH CONTROLLED SUBSTANCES › Section 16.12.9.12 - ADVANCED PRACTICE NURSES, REGISTERED NURSES, AND LICENSED PRACTICAL NURSES TREATED WITH OPIATES

Current through Register Vol. 35, No. 13, July 16, 2024
Advanced practice nurses, registered nurses, licensed
				  practical nurses, certified hemodialysis technicians, and certified medication
				  aides who have chronic pain and are being treated with opiates shall be
				  evaluated by a pain clinic or, by a physician, CRNA, CNP, CNS pain specialist
				  and must have clearance from their practitioner, before returning to or
				  continuing in practice and must remain under the care of a physician, CRNA, CNP
				  or CNS for as long as they remain on opiates and continue to practice. The
				  treating physician, CRNA, CNP or CNS may, at her or his discretion, order a
				  neuropsychological evaluation to help determine clearance for
				  practice.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 10 - MANAGEMENT OF MEDICAL RECORDS › Section 16.12.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule governs the use management of medical records that
				  are created and maintained as part of the practice of a certified nurse
				  practitioner and clinical nurse specialist.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 10 - MANAGEMENT OF MEDICAL RECORDS › Section 16.12.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  61-3-1
et seq
., authorized the board of nursing to regulate the
				  practice of nursing in the state.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 10 - MANAGEMENT OF MEDICAL RECORDS › Section 16.12.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 17, 2006, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 10 - MANAGEMENT OF MEDICAL RECORDS › Section 16.12.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To ensure that certified nurse practitioners/clinical nurse
				  specialist provide copies of medical records to patients; notify their patients
				  of closing, selling, relocating or leaving a practice and have a system in
				  place for retention, maintenance and destruction of medical
				  records.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 10 - MANAGEMENT OF MEDICAL RECORDS › Section 16.12.10.8 - RELEASE OF MEDICAL RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Certified nurse practitioners/clinical nurse specialists must
				  provide complete copies of medical records to a patient or to another
				  practitioner in a timely manner when legally requested to do so by the patient
				  or by a legally designated representative of the patient.
A. Medical records may not be withheld
				because an account is overdue or a bill is owed.
B. A reasonable charge may be made for the
				cost of duplicating and mailing medical records. A reasonable charge is $1.00
				per page for the first 25 pages, and $0.10 per page thereafter. Patients may be
				charged the cost of reproduction for records formats other that paper, such as
				x-rays. Practitioners charging for the cost of reproduction of medical records
				should give consideration to the ethical and professional duties owed to other
				practitioners and their patients.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 10 - MANAGEMENT OF MEDICAL RECORDS › Section 16.12.10.9 - CLOSING, SELLING, RELOCATING OR LEAVING A PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
Due care should be taken when closing or departing from a
				  practice to ensure a smooth transition from the current practitioner to the new
				  treating practitioner. This should occur with a minimum of disruption in the
				  continuity and quality of medical care being provided to the patient.
A. Active patients and patients seen within
				the previous three years should be notified 90 days before closing, selling,
				relocating or leaving a practice.
B. Patients should be notified within 90 days
				after the death of their practitioner.
C. Notification should be through an
				individual letter at the patient's last known address, and a notice in
				newspaper in local practice area (may be several times over a period of time).
				Notification should also be sent to the Board.
D. Notification should include:
(1) responsible entity/agent name of contact
				to obtain records or request transfer of records,
Telephone number and mailing address;
(2) how the records can be obtained or
				transferred;
(3) how long the
				records will be maintained before they are destroyed;
(4) cost of recovering records/transferring
				records; and
(5) whenever possible
				notification is the responsibility of the transferring or retiring
				practitioner.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 10 - MANAGEMENT OF MEDICAL RECORDS › Section 16.12.10.10 - RETENTION, MAINTENANCE AND DESTRUCTION OF MEDICAL RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Improper
				management of medical records, including failure to maintain timely, accurate,
				legible and complete medical records constitutes a violation of 61.3.28 A
				(6).
B. Destruction of medical
				records must be such that confidentiality is maintained. Records should be
				shredded or incinerated (where permitted).
C. A log should be kept of all charts
				destroyed, including the patient's name and date of record
				destruction.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 11 - LACTATION CARE PROVIDERS › Section 16.12.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All lactation care providers licensed by the New Mexico board
				  of nursing as licensed lactation care providers.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 11 - LACTATION CARE PROVIDERS › Section 16.12.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Lactation Care
				  Provider Act, Sections
				  61-3B-1 to -7 NMSA
				  1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 11 - LACTATION CARE PROVIDERS › Section 16.12.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 13, 2022 unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 11 - LACTATION CARE PROVIDERS › Section 16.12.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To promote, preserve and protect the public health, safety
				  and welfare of the citizens of the state by establishing standards for
				  licensure and regulation of licensed lactation care providers in New
				  Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 11 - LACTATION CARE PROVIDERS › Section 16.12.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This rule incorporates the definitions provided in the
				  Lactation Care Provider Act, Section
				  61-3B-2 NMSA 1978.
A.
Definitions beginning with the
				letter A: "act"
means the Lactation Care Provider Act, Sections
				61-3B-1 to 7 NMSA 1978.
B.
Definitions beginning with the
				letter B: [RESERVED]
C.
Definitions beginning with the letter C:
(1)
"CE"
means continuing
				education.
(2)
"CLC"
means certified lactation counselor.
(3)
"Committee"
means the
				lactation care provider committee appointed by the New Mexico board of nursing
				pursuant to the act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 11 - LACTATION CARE PROVIDERS › Section 16.12.11.8 - NON-LICENSED PRACTICE; EXCEPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Licensure with the board is not required to provide lactation care and services
				in the state of New Mexico; provided, however, that any individual not licensed
				by the board as a licensed lactation care provider may not use the title
				"licensed lactation care provider" (LLCP) or otherwise imply to the public that
				they are licensed in New Mexico by the board as a licensed lactation care
				provider under the act.
B. Nothing
				in the act or these rules shall be construed to prevent the practice of
				lactation care and services by health care professionals, volunteers, students,
				interns, or other persons.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 11 - LACTATION CARE PROVIDERS › Section 16.12.11.9 - APPROVED CERTIFICATIONS; PETITION TO APPROVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following certifications conferred by
				a program accredited by a nationally or internationally recognized accrediting
				agency are recognized by the board and approved for licensure requirements:
(1) Certified lactation counselor (CLC)
				accredited by the academy of lactation policy and practice.
(2) International board certified lactation
				consultant (IBCLC) accredited by the international board of lactation
				consultant examiners.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 11 - LACTATION CARE PROVIDERS › Section 16.12.11.10 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Payment of fees will be accepted in the form specified by
				  the board. Fees are not refundable.
A.
				Initial licensure or expedited licensure $60.00.
B. Renewal $40.00.
C. Reinstatement and renewal of lapsed
				license $60.00.
D. Lactation care
				provider list $100.00
E. Initial
				certificate military personnel, spouse, dependent, or veteran $0
F. First renewal of certificate military
				personnel, spouse, dependent, or veteran $0
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 11 - LACTATION CARE PROVIDERS › Section 16.12.11.11 - LICENSURE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Requirements for licensure:
(1) Be at least 18
				years of age.
(2) Hold an approved
				certification as a lactation care provider.
(3) Complete the required board application
				form in the specified deadline and remit the required fee. The board may
				require additional information in the application, including demographics,
				information on practice status, and education; which will be for data
				collection purposes only and shall not affect approval of the
				application.
(4) Submission of
				applicant's fingerprint cards to the federal bureau of investigation to conduct
				a national criminal history background check and to the New Mexico department
				of public safety to conduct a state criminal history check. If a criminal
				background check reveals a conviction or other history that may be cause for
				denial of the license, the board may request additional documents or other
				information be submitted to determine whether a license should be
				granted.
(5) Only complete
				applications should be submitted to the board. An incomplete application may be
				denied.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 11 - LACTATION CARE PROVIDERS › Section 16.12.11.12 - CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Introduction: Pursuant to the provision of the Lactation Care Provider Act, the
				board prescribes the following minimum requirements for continuing education
				(CE) to be met by each licensee to protect the health and well-being of the
				public and to promote current lactation care and services knowledge and
				practice. Continuing education is one of the most important responsibilities of
				the licensed lactation care provider and is a lifelong process. The primary
				responsibility for continuing education rests with the individual licensee. A
				diversity of lactation care-related learning activities are recommended to
				enhance the scope of professional development.
B. Requirements:
(1) 24 contact hours of approved continuing
				education must be successfully completed within the 24 months immediately
				preceding expiration of the license.
(2) Continuing education obtained for a
				national or international approved certification recognized by the board may be
				accepted toward the contact hour requirement if completed during the renewal
				period.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 11 - LACTATION CARE PROVIDERS › Section 16.12.11.13 - STANDARD OF PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Licensees shall identify themselves by name and certification, and shall
				provide their license number if requested.
B. The licensee shall practice in accordance
				with the Lactation Care Provider Act and respective scope of practice within
				the approved certification recognized by the board.
C. The licensee may assume specific functions
				and perform specific procedures which are beyond basic lactation care provider
				preparation with demonstration of appropriate education and level of
				competence, provided the knowledge and skills required to perform the function
				and procedure emanates from a recognized body of knowledge and practice, which
				may result in a certification, and so long as the function or procedure is not
				prohibited by law.
D. The licensee
				shall maintain individual competency in lactation care practice, recognizing
				and accepting responsibility for individual actions and judgments.
E. The licensee shall have knowledge of, and
				function within, the laws and rules governing the practice.
F. The licensee acts to safeguard the patient
				or client when her care and safety are affected by incompetent, unethical, or
				illegal conduct of any person, and shall timely report the conduct to the board
				and, where appropriate, the recognized national and international certifying
				organizations and law enforcement.
G. The licensee shall recognize the dignity
				and rights of others regardless of social or economic status and personal
				attributes; and shall conduct practice with respect for human dignity,
				unrestricted by considerations of age, race, religion, sex, sexual orientation,
				gender identity, national origin, disability or nature of the patient or client
				health.
H. The licensee safeguards
				the individual right to privacy by judiciously protecting information of a
				confidential nature.
I. The
				licensee shall not advertise their professional services in a manner that
				misrepresents facts or creates unjustified or unreasonable expectations about
				lactation care and services or the results of the licensed lactation care
				provider.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 11 - LACTATION CARE PROVIDERS › Section 16.12.11.15 - ADVISORY COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Pursuant to Section
				61-3B-3 NMSA 1978, the board may
				appoint a lactation care provider advisory committee to assist the board in
				regulating the practice of lactation care. The committee shall assist and
				advise the board in the review of issues related to the practice of lactation
				care.
B. The committee shall
				include a minimum of five, and no more than ten, members. The committee is
				intended to represent the diversity of the state and the profession, and shall
				include, at minimum:
(1) a member of the
				board;
(2) a certified lactation
				counselor;
(3) a international
				board certified lactation consultant; and
(4) a public member that is not a licensed or
				certified lactation care provider.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 12 - DISCIPLINE AND APPLICATION DENIALS › Section 16.12.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to all applicants, nurses licensed in New
				  Mexico, nurses not licensed in New Mexico and who wish to practice in New
				  Mexico pursuant to a multi-state license privilege as provided in the nurse
				  licensure compact, certified medication aides, hemodialysis technicians, and
				  all others licensed by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 12 - DISCIPLINE AND APPLICATION DENIALS › Section 16.12.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 12 - DISCIPLINE AND APPLICATION DENIALS › Section 16.12.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 30, 2021, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 12 - DISCIPLINE AND APPLICATION DENIALS › Section 16.12.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 12 is to establish the procedures for
				  denying applications for licensure, processing complaints against licensees and
				  applicants, reinstatement of suspended or revoked licenses, and taking
				  disciplinary action against licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 12 - DISCIPLINE AND APPLICATION DENIALS › Section 16.12.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Refer to
				Definitions,
				16.12.1.7 NMAC.
B.
"Abandonment"
means, in the
				context of disciplinary action, a nurse's abrupt severance of, or disengagement
				from, the relationship between the nurse and the patient or client without
				giving reasonable notice to a qualified person for the purpose of making
				arrangements for the continuation of care by others. This definition does not
				include the abandonment of employment, such as contract issues, no call, no
				show, refusal to work mandatory overtime, refusal to float to unfamiliar areas,
				or resignation from a position, since the board has no jurisdiction over
				employment issues. Abandonment, which can only occur after the nurse has
				accepted an assignment to provide care, service or treatment to the patient or
				client, typically consists of one or more of the following elements that, as
				result of the nurse's abandonment of the patient or client, caused or may have
				caused harm:
(1) failure to provide
				observation, including but not limited to assessment and
				intervention;
(2) failure to assure
				competent intervention at any time, including but not limited to delayed
				treatment, insufficient treatment, or refusal to treat; or
(3) failure to provide for provision of
				qualified coverage, including but not limited to adequate time to arrange
				nursing coverage of assigned care.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 12 - DISCIPLINE AND APPLICATION DENIALS › Section 16.12.12.8 - DISCIPLINARY PHILOSOPHY

Current through Register Vol. 35, No. 13, July 16, 2024
The board operates its disciplinary program with the ultimate
				  goals of protecting the citizens of New Mexico and ensuring professionalism in
				  the nursing profession. In carrying out this mandate, the board considers all
				  alleged violations based on the merits of each case. Unless the licensee or
				  applicant posed or poses a real or potential danger to the public, the board
				  will consider, but may not eventually utilize, remedial measures of corrective
				  action rather than denial, suspension, or revocation of a license or
				  certificate.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 12 - DISCIPLINE AND APPLICATION DENIALS › Section 16.12.12.9 - GROUNDS FOR DISCIPLINARY ACTION OR DENIAL OF AN APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The Board may take disciplinary action against a licensee or
				  deny an application for licensure upon finding that the licensee or applicant
				  is guilty of:
A. committing fraud or
				deceit in procuring or attempting to procure a license or certificate of
				registration;
B. having been
				convicted of a disqualifying criminal conviction;
C. being unfit or incompetent;
D. being intemperate or addicted to the use
				of habit-forming drugs;
E. being
				mentally incompetent;
F. committing
				unprofessional conduct;
G. having
				willfully or repeatedly violated any provisions of the Nursing Practice Act or
				any rule or regulation adopted by the board;
H. having been, while licensed to practice
				nursing in any jurisdiction, territory or possession of the United States or
				another country, the subject of disciplinary action as a licensee for acts
				similar to acts described in this rule;
I. using conversion therapy on a
				minor;
J. unlicensed
				practice;
K. failure to comply with
				obligations under the Parental Responsibility Act; or
L. for hemodialysis technicians or medication
				aides, any of the offenses identified in
				16.12.4.11 NMAC and
				16.12.5.11 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 12 - DISCIPLINE AND APPLICATION DENIALS › Section 16.12.12.10 - CRIMINAL CONVICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Convictions for any of the following felony offenses, or their equivalents in
				any other jurisdiction, are disqualifying criminal convictions that may
				disqualify an applicant from receiving or retaining a license or certificate
				issued by the board:
(1) homicide;
(2) aggravated assault, aggravated battery,
				kidnapping, false imprisonment, human trafficking, or other crimes of violence
				against persons;
(3) robbery,
				larceny, burglary, extortion, receiving stolen property, possession of burglary
				tools, unlawful taking of a motor vehicle, or other crimes involving theft or
				appropriation of personal property or funds;
(4) rape, criminal sexual penetration,
				criminal sexual contact, incest, indecent exposure, child solicitation, or
				other crimes constituting sexual offenses;
(5) driving under the influence of
				intoxicating liquor or drugs;
(6)
				trafficking controlled substances;
(7) crimes involving child abuse or
				neglect;
(8) fraud, forgery, money
				laundering, embezzlement, credit card fraud, counterfeiting, financial
				exploitation, or other crimes of altering any instrument affecting the rights
				or obligations of another;
(9)
				making a false statement under oath or in any official document;
(10) evasion of a lawful debt or obligation,
				including but not limited to tax obligations; or
(11) an attempt, solicitation or conspiracy
				involving any of the felonies in this subsection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 12 - DISCIPLINE AND APPLICATION DENIALS › Section 16.12.12.11 - PARENTAL RESPONSIBILITY ACT COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
The board shall suspend or revoke licensees or certificate
				  holders and deny applications for licenses or certificates in accordance with
				  the Parental Responsibility Act, Sections
				  40-5A-1 to -13 NMSA 1978.
A. All terms defined by the Parental
				Responsibility Act shall have the same meaning in this section.
B. If an applicant, licensee, or certificate
				holder is not in compliance with a judgment and order for support, the board:
(1) shall deny an application for a license
				or certificate;
(2) shall deny the
				renewal of a license or certificate; and
(3) has grounds for suspension or revocation
				of the license or certificate.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 12 - DISCIPLINE AND APPLICATION DENIALS › Section 16.12.12.12 - DISCIPLINARY AND APPLICATION PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board shall conduct all disciplinary
				and application proceedings in accordance with the Uniform Licensing Act and
				the Open Meetings Act.
B. Filing of
				a complaint:
(1) A person must file a written
				complaint with the board before the board can initiate disciplinary
				proceedings.
(2) Any person,
				including a member of the public, a member of the board, or an employee of the
				board, may file a complaint.
(3) A
				nurse or certificate holder who suspects that another nurse or certificate
				holder has violated any provision of the Nursing Practice Act or rules of the
				board must file a written complaint with the board, unless the nurse or
				certificate holder suspected of violating the Nursing Practice Act or rules of
				the board is a patient and patient confidentiality therefore applies.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 12 - DISCIPLINE AND APPLICATION DENIALS › Section 16.12.12.13 - HEARINGS AND THE AUTHORITY OF HEARING OFFICERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a licensee or applicant requests an
				evidentiary hearing in response to a notice of contemplated action, the
				executive director shall designate a hearing officer to preside over the
				hearing. Alternatively, upon vote of the board, the entire board may preside
				over the hearing.
B. Subpoenas: The
				hearing officer or, if the board as a whole presides over the hearing, the
				board chair shall have the power to issue subpoenas to compel the attendance of
				witnesses or the production of books, documents or records pertinent to the
				matter of a case before the board.
C. Continuances:
(1) Following the issuance of a notice of
				hearing, no party may file a motion for continuance, motion to vacate, or
				proposed settlement agreement less than seven calendar days prior to the
				hearing except under extraordinary, unforeseen circumstances beyond the control
				of the movant. In the absence of such circumstances, a hearing officer may not
				continue or vacate a hearing in response to a motion submitted to the board
				later than seven calendar days prior to the hearing. Lack of knowledge or
				familiarity with this rule are not extraordinary or unforeseen
				circumstances.
(2) Except as
				provided in Paragraph (1) of this section, the hearing officer may grant a
				continuance if the party requesting the continuances submits proof to verify
				good cause such as illness, availability of new evidence or unavailability of
				the licensee or licensee's attorney.
(3) A licensee or applicant may only request
				a continuance if the licensee or applicant signs an affirmative statement that
				the licensee or applicant waives the right to a hearing held not more than 60
				days from the date of service of the notice of hearing.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 12 - DISCIPLINE AND APPLICATION DENIALS › Section 16.12.12.14 - SERIOUS LETTERS OF CONCERN

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Purpose: As an alternative to disciplinary action, the board may issue
				non-disciplinary serious letters of concern to licensees, certificate holders,
				applicants, and those accused of unlicensed practice.
B. Content: A serious letter of concern shall
				state expressly that it does not constitute disciplinary or corrective action,
				a letter of reprimand, or a determination of guilt of any kind. For the benefit
				of the recipient, a serious letter of concern shall identify and explain the
				applicable provision of the Nursing Practice Act or Board rules identified as
				the allegation in the complaint.
C.
				Function: A serious letter of concern operates as a dismissal of the
				complaint.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 12 - DISCIPLINE AND APPLICATION DENIALS › Section 16.12.12.15 - REINSTATEMENT OF LICENSE OR CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board shall not consider a petition to
				reinstate a license or certificate prior to the expiration of one year from the
				date of signature of the order of revocation, except for the following
				circumstances:
(1) where the board revoked the
				license or certificate solely due to noncompliance with a judgment and order
				for child support; or
(2) where the
				board's written order expressly permitted reinstatement sooner than one
				year.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 12 - DISCIPLINE AND APPLICATION DENIALS › Section 16.12.12.16 - COMPLAINTS REGARDING FIRMS, ASSOCIATIONS, INSTITUTIONS, AND CORPORATION VIOLATING THE NURSING PRACTICE ACT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The board shall accept and determine the disposition of written complaints
				regarding firms, associations, institutions and corporations violating the
				nursing practice act, causing the violation of the nursing practice act, or
				asking employees to violate the nursing practice act by policy or directive. In
				determining the disposition of these complaints, the board is not obligated to
				abide by the Uniform Licensing Act.
B. In the event that the board receives a
				written complaint regarding a firm, association, institution, or corporation,
				the board shall give the firm, association, institution, or corporation the
				opportunity to respond in writing to the allegations in the
				complaint.
C. If the board
				determines that the firm, association, institution, or corporation violated
				Subsection A through H of Section
				61-3-30 NMSA 1978 of the Nursing
				Practice Act, the board shall inform the firm, association, institution, or
				corporation of the requirements set out in Section
				61-3-30 NMSA 1978 of the Nursing
				Practice Act.
D. The board shall
				keep a record of the number of complaints received and the disposition of said
				complaints processed in accordance with this rule.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 13 - DIVERSION PROGRAM FOR CHEMICALLY DEPENDENT NURSES › Section 16.12.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules apply to the board and all those licensed by or
				  subject to the jurisdiction of the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 13 - DIVERSION PROGRAM FOR CHEMICALLY DEPENDENT NURSES › Section 16.12.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  61-36-6 NMSA
				  1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 13 - DIVERSION PROGRAM FOR CHEMICALLY DEPENDENT NURSES › Section 16.12.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 13, 2022, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 13 - DIVERSION PROGRAM FOR CHEMICALLY DEPENDENT NURSES › Section 16.12.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 16.12.13 NMAC is to promote, preserve and
				  protect the public health, safety, and welfare.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 13 - DIVERSION PROGRAM FOR CHEMICALLY DEPENDENT NURSES › Section 16.12.13.8 - PURPOSE OF DIVERSION PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
The diversion program is a voluntary alternative to
				  traditional disciplinary action for a nurse whose competencies may be impaired
				  because of the habitual use of drugs or alcohol. Individuals may request
				  admission into the program following the filing of a complaint against their
				  nursing license or by self-referral.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 13 - DIVERSION PROGRAM FOR CHEMICALLY DEPENDENT NURSES › Section 16.12.13.9 - ADMISSION INTO THE DIVERSION PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Nurses licensed in New Mexico who have had
				a complaint filed against their nursing license alleging the use or abuse of
				drugs or alcohol, or who voluntarily submit a written request, shall be given
				an opportunity to be admitted into the diversion program.
(1) Following a complaint, individuals who do
				not accept the opportunity for admission into the program shall be processed as
				a disciplinary case.
(2)
				Individuals who voluntarily requested admission and do not complete the
				admission process within 30 days of request may be subject to disciplinary
				action by the board.
(3) It may be
				recommended that individuals obtain a professional evaluation for chemical
				dependency or mental health diagnosis and submit a copy of the evaluation to
				the diversion program.
(4) The
				initial contract is a "no use" contract to include prescription medications
				unless written notification is given by the physician prescribing the
				medication.
(5) Signatures on the
				initial contract and amendments constitute a release of information for the
				diversion program to contact all supporting individuals.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 13 - DIVERSION PROGRAM FOR CHEMICALLY DEPENDENT NURSES › Section 16.12.13.10 - MONITORING PARTICIPANTS IN THE DIVERSION PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Participants must assure that required
				written reports and drug screens are submitted in accordance with the
				provisions of the diversion program contract and contract amendments. Written
				reports and drug screens
must
be received regularly by the
				program.
(1) Written reports of the same type
				and several drug screens received together are not acceptable and may result in
				the participant being noncompliant.
(2) Drug screens shall be scheduled randomly
				and shall be observed in accordance with the guidelines and protocols approved
				by the board.
(3) Drug screens must
				include participant's drugs of choice.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS › Part 13 - DIVERSION PROGRAM FOR CHEMICALLY DEPENDENT NURSES › Section 16.12.13.11 - RELAPSES AND NONCOMPLIANCE WITH THE DIVERSION PROGRAM CONTRACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Participants who
				are noncompliant with their contract and who do not cooperate with the program
				shall be reported to the board of nursing.
(1)
				Reports shall be made to the board using the participant's confidential file
				number.
(2) The participant's name
				shall not be disclosed to the board until formal disciplinary proceedings
				occur.