New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 11 - MIDWIVES › Part 2 - CERTIFIED NURSE - MIDWIVES › Section 16.11.2.11 - PRACTICE OF THE CERTIFIED NURSE-MIDWIFE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Scope of practice: Practice by CNMs
				encompasses independently providing a full range of primary health care
				services for clients from adolescence to beyond menopause. These services
				include primary care; sexual and reproductive health care; gynecologic health;
				family planning services; pre-conception care; care during pregnancy,
				childbirth, and the postpartum period; and care of the normal newborn up to six
				weeks of age. CNMs provide care for all individuals who seek midwifery care,
				inclusive of all gender identities and sexual orientations. CNMs provide
				initial and ongoing comprehensive assessment, diagnosis, and treatment. They
				conduct physical examinations; independently prescribe, distribute, and
				administer dangerous drugs, devices, and contraceptive methods, and controlled
				substances in Schedules II through V of Sections 30-31-1 NMSA 1978, Controlled
				Substances Act; admit, manage, and discharge clients; order and interpret
				laboratory and diagnostic tests; and order the use of medical devices.
				Midwifery care also includes health promotion, disease prevention, and
				individualized wellness education and counseling. These services are provided
				in partnership with clients in diverse settings such as ambulatory care
				clinics, private offices, community and public health systems, homes,
				hospitals, and birth centers. A CNM practices within a health care system that
				provides for consultation, collaborative management, or referral as indicated
				by the health status of the client. A CNM practices in accordance with the ACNM
				"standards for the practice of midwifery". A CNM who expands beyond the ACNM
				"core competencies" to incorporate new procedures that improve care for their
				clients shall comply with the guidelines set out in the ACNM "standards for the
				practice of midwifery", standard VIII. Practice guidelines for home births
				should be informed by the most recent edition of the "ACNM home birth practice
				manual."
B.
Prescriptive
				authority:
(1) Dangerous drugs: A CNM
				who prescribes, distributes, or administers a dangerous drug or device shall do
				so in accordance with Section 26-1 NMSA 1978, New Mexico Drug, Device and
				Cosmetic Act.
(2) Controlled
				substances:
(a) A CNM shall not prescribe nor
				distribute controlled substances in Schedule I of Section 26-1 1978 NMSA,
				Controlled Substances Act.
(b) A
				CNM shall not prescribe, distribute, or administer controlled substances in
				Schedules II-V of the Controlled Substances Act unless the CNM is registered
				with the New Mexico board of pharmacy and the United States drug enforcement
				administration (DEA) to prescribe, distribute, and administer controlled
				substances.
(c) A CNM who
				prescribes, distributes, or administers a controlled substance in Schedules
				II-V of Section 26-1 NMSA 1978, Controlled Substances Act, shall do so in
				accordance with the Controlled Substances Act.
(d) An individual employed as a CNM by the
				United States military, the United States veterans administration, or the
				United States public health service, and operating in the official capacity of
				that employment, who is prescribing, distributing or administering controlled
				substances under that facility's United States drug enforcement administration
				registration is exempt from the Subparagraphs (a), (b) and (c) of Paragraph (2)
				of this subsection.
(e) A CNM may
				prescribe, provide samples of, and dispense any dangerous drug to a client if,
				at the time of the prescription, the CNM has a valid CNM-client relationship.
				The relationship includes:
(i) the CNM has
				sufficient information to ensure that a dangerous drug or controlled substance
				is indicated and necessary for treatment of a condition when the CNM prescribes
				a dangerous drug or controlled substance;
(ii) the CNM has sufficient information to
				ensure that a dangerous drug or controlled substance is not contraindicated for
				the individual;
(iii) the CNM
				provides a client with appropriate information on the proper dosage, route,
				frequency, and duration of a drug treatment;
(iv) the CNM informs the client of possible
				untoward effects and side effects of a proposed treatment;
(v) the CNM provides care for a client in the
				event of an untoward effect or a side effect that requires care;
(vi) the CNM provides for client education
				regarding a condition and the condition's treatment to enhance client
				compliance with plan of care;
(vii)
				the CNM provides for appropriate follow-up care, including further testing,
				treatment and education, as appropriate; and
(viii) the CNM documents, at minimum, the
				indication, drug, and dosage of any prescribed drugs in a health record for the
				individual.
(3) Prescriptions: A CNM may prescribe by
				telephone, by written prescription, by e-mail, or through an electronic health
				record (EHR) system. Controlled substances may only be prescribed by written or
				electronic prescription. A CNM prescription shall have the CNM's name, office
				address, and telephone number printed on it. In the event that a CNM is writing
				a prescription printed with the names of more than one CNM, the name of the CNM
				writing the individual prescription shall be indicated. The name and address of
				the client, the date of the prescription, the name and quantity of the drug
				prescribed, and directions for use shall be included on a
				prescription.
(4) Labeling: When
				distributing a drug, a CNM shall label it with the client's name and date of
				birth; the date; instructions for use; and the CNM's name, address, and
				telephone number.