New
Mexico Register / Volume XXXV, Issue 10 / May 21, 2024
This
is an amendment to 16.12.1 NMAC, Sections 7, 8, 10 and 12 effective 5/21/2024.
16.12.1.7 DEFINITIONS:
[ A. Definitions beginning with the letter A:
(1) “actually engaged in nursing”, employed,
engaged, or holding a position which requires licensure or in which the
maintenance of licensure as a nurse is expected;
(2) “administration of medications”, a
process whereby a prescribed drug or biological agent is given to a
patient/client by a person licensed or certified by the board to administer
medications;
(3) “advanced
practice registered nurse” (APRN), a graduate level prepared registered
nurse who has completed a program of study in a specialty area in an accredited
nursing program, taken a certification examination in the same area, and been
granted a license to practice as an advanced practice nurse with an expanded
scope of practice; individuals are authorized to practice in the roles of
certified nurse practitioner (CNP), certified registered nurse anesthetist
(CRNA) and clinical nurse specialist (CNS);
(4) “affidavit”, a sworn written
statement made to affirm a statement of fact;
(5) “anesthetics”,
means a drug-induced loss of consciousness, otherwise known as general
anesthesia, during which patients are not arousable, even by painful
stimulation. The ability to
independently maintain ventilatory support is often impaired. Patients often require assistance in
maintaining a patent airway, and positive pressure ventilation may be required
because of depressed spontaneous ventilation or drug-induced depression of
neuromuscular function. Cardiovascular
function may be impaired. General
anesthesia is used for those procedures when loss of consciousness is required
for the safe and effective delivery of surgical services.
(6) “approval”, the review and
acceptance of a specific activity;
(7) “approval agency”, agency,
institution or organization with the authorization to award CE credit;
(8) “approved
equivalent”, a program reviewed and accepted by the board of nursing
as meeting necessary regulatory/statutory requirements;
(9) “assessment”,
the review and interpretation by a licensed individual of specific data
necessary to determine the patient/client’s care and treatment needs; (also see
data collection);
(10) “assignment
of nursing activity”, assignment of nursing activity involves
appointing or designating another licensed nurse or assistive personnel that is
consistent with his/her scope of practice (licensed person) or role description
(unlicensed person);
(11) “audit”,
an examination and verification of CE and practice documents.
B. Definitions beginning with the letter B:
(1) “basic nursing education”,
the scholastic route to initial licensure;
(2) “board”
means the New Mexico board of nursing.
C. Definitions beginning with the letter C:
(1) “certificate”
means a legal document granting permission to an unlicensed person to
perform specific functions considered the practice of nursing;
(2) “certification re-activation”, the
process of reactivating a lapsed national advanced practice registered nurse
certification program in the specialty area;
(3) “CEU” is the abbreviation for
continuing education unit;
(4) “CHT” is the
abbreviation for certified hemodialysis technician;
(5) “CMA” is the abbreviation
for certified medication aide;
(6) “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;
(7) “collaboration”,
practice in conjunction with another health professional;
(8) “competency”,
competency in nursing is the ability to perform skillfully and proficiently the
role of the licensee; the role encompasses essential knowledge, judgment,
attitudes, values, skills and abilities, which are varied in range and
complexity; competency is a dynamic concept and is based on educational
training, preparation, and expertise;
(9) “consultation”,
to communicate regularly to set goals and objectives and to review and document
outcomes;
(10) “contact hour”
means the unit of measurement describing an approved and organized
learning experience equivalent to 60 clock minutes;
(11) “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;
(12) “continuing
education unit” means 10 contact hours of participation in an
organized continuing education experience under responsible sponsorship,
capable direction, and qualified instruction;
(13) “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.
D. Definitions beginning with the letter D:
(1) “data collection”, the process
of obtaining information, material, fact or clinical observations which will be
used in the assessment process; data collection is not limited to licensed
individuals;
(2) “delegation”,
the transferring to a competent individual the authority to perform a selected
nursing task in a selected situation.
The nurse retains accountability of the delegation;
(3) “department
of public safety”, the New Mexico department of public safety or
other state’s department of public safety;
(4) “direct supervision for graduate
permit holders”, at a minimum, the person responsible for the direct
supervision must be in the facility or on the unit with the graduate permit
holder observing, directing and evaluating the performance of the permit
holder; the supervisor must not be engaged in other activities that would
prevent them from providing direct supervision.
E. Definitions beginning with the letter E:
(1) “educational institution”,
refers to an institution within the educational system which is organized and
accredited for teaching and study (university, high school, post-secondary,
approved area vocational institution);
(2) “eligible for graduation”,
individual who has met all the requirements of an educational program;
(3) “expedited
license” is a one-year provisional license that confers the same rights,
privileges and responsibilities as regular licenses issued by the board.
F. Definitions beginning with the letter F: “final transcript”, an
official record of course work and grades, issued by a school, which indicates
date of program completion and certificate or degree awarded.
G. Definitions beginning with the letter G:
(1) “generally recognized organization”,
an association of nurses with common goals and concerns expressed through
structured by laws. Rules and
regulations, and whose recognition derives from both the profession and the
public;
(2) “good standing” means a license or
registration is active and not expired, suspended, revoked, surrendered,
conditioned, or otherwise in a status that in any manner restricts the activity
of a licensee or registrant under the authority of the license or registration.
H. Definitions beginning with the letter H: “health care
work force data collection”, an electronic survey, designed to be
completed by applicants for licensure or renewal, which includes questions
regarding a core essential data set.
I. Definitions
beginning with the letter I:
(1) “inactive list”, compilation
of those licenses that are in good standing but not current;
(2) “initial license”, the
process of achieving the legal privilege to practice within a professional
category upon the completion of all educational requirements and the successful
writing of the national licensing examination;
(3) “institution
of higher education”, college or university.
J. Definitions beginning with the letter J: “jurisdiction”, the
licensure or regulatory authoritative body for nursing within a specific
geographic area for which there is endorsement in New Mexico.
K. Definitions beginning with the
letter K: [RESERVED]
L. Definitions beginning with the letter L:
(1) “lapsed status”, a license
which was not renewed by the expiration date on the license;
(2) “legal guardian”, a person lawfully
invested with the power, and charged with the duty, of taking care of the
person and managing the property and rights of another person who is considered
incapable of administering his own affairs;
(3) “letter of authorization”, a
document issued by the board which authorizes an individual to practice nursing
in New Mexico under the auspices of an approved preceptorship for an advanced
nursing expanded scope of practice prescriptive authority or for an advanced
practice nurse from a compact state;
(4) “license”
means a legal document granting an individual the privilege and
authority to engage in practice of an occupation or profession;
(5) “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. Definitions beginning with the letter M:
(1) “medical emergency”, a
situation resulting from a disaster in which the number of persons requiring nursing
care exceeds the availability of New Mexico registered nurses or licensed
practical nurses;
(2) “monitoring system”, a
mechanism whereby programs may be approved for CE hours within a geographic
area;
(3) “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.
(4) “must”, a requirement.
N. Definitions beginning with the letter N:
(1) “national licensing examination”,
examination for licensure as provided by the national council of state boards
of nursing, inc.;
(2) “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;
(3) “nationwide
criminal history record”, information concerning a person’s arrests,
indictments or other formal criminal charges and any dispositions arising there
from, including convictions, dismissals, acquittals, sentencing and
correctional supervision, collected by criminal justice agencies and stored in
the computerized databases of the federal bureau of investigation, the national
law enforcement telecommunications systems, the department of public safety or
the repositories of criminal history information of other states;
(4) “nationwide
criminal history screening”, a criminal history background
investigation of an applicant for licensure by examination or endorsement
through the use of fingerprints reviewed by the department of public safety and
submitted to the federal bureau of investigation, resulting in the generation
of a nationwide criminal history record for that applicant.
O. Definitions beginning with the
letter O: [RESERVED]
P. Definitions beginning with the letter P:
(1) “permit-to-practice for GCNSs”,
a document conferring the privilege to practice as a graduate clinical nurse
specialist, at a specific place of employment, under the direct supervision of
a licensed CNS, CNP or physician; such permits will carry set expiration dates,
are not renewable and are not transferable;
(2) “permit-to-practice for GNs and
GPNs”, a document conferring the privilege to practice nursing at a
specific place of employment, under direct supervision of a RN only; such
permits will carry set expiration dates, are not renewable or transferable;
(3) “permit-to-practice for GNPs”,
a document conferring the privilege to practice as a graduate nurse
practitioner, at a specific place of employment, under the direct supervision
of a physician or a certified nurse practitioner; direct supervision of a
physician, licensed CNP or CNS is required for prescription writing; such
permit will carry set expiration dates, are not renewable and are not
transferable;
(4) “permit-to-practice for GRNAs”,
a document conferring the privilege to administer anesthesia to any person, as
a GRNA, at a specific place of employment, functioning in an interdependent
role under the direction of and in collaboration with a licensed physician,
osteopathic physician, dentist or podiatrist licensed in New Mexico; such
permits will carry set expiration dates, and are not renewable or transferable;
(5) “post-graduate program”, any
specialized knowledge and skills sought after completion of a basic nursing
educational program which does not necessarily lead to an advanced degree;
(6) “preceptor”, an individual at or above
the level of licensure that an assigned student is seeking, who may serve as a
teacher, mentor, role model or supervisor in a clinical setting;
(7) “prescriptive authority”, the power to
determine the need for drugs, immunizing agents or devices; selecting the
remedy and writing a prescription;
(8) “private
practice”, employment status of an individual nurse who is
self-employed.
(9) “procedural
sedation”, a technique of
administering sedatives or dissociative agents with or without
analgesics to induce a state that allows the patient to tolerate unpleasant
procedures while maintaining cardio respiratory functions.
Q. Definitions beginning with the letter Q: [RESERVED]
R. Definitions beginning with the letter R:
(1) “reactivation”, the process of
making current a license which has been in abeyance as a result of failure to
comply with the necessary renewal requirements; this process does not involve
board action at any juncture;
(2) “recognized national or state
institutions/organizations”, institutions and organizations recognized as
providers of CE for nurses;
(3) “refresher course”, a formal program
that has both didactic and clinical components designed to prepare a nurse who
has been out of practice to re-enter the profession;
(4) “reinstatement”, the process
whereby a license which has been subject to revocation or suspension, is
returned to its former status by individual board action; this process always
involves board action, and requires filing of a form and payment of the
reinstatement fee;
(5) “relicensure”, the process of
renewal, reactivation or reinstatement of a New Mexico nursing license.
S. Definitions beginning with the letter S:
(1) “shall”, mandatory; a
requirement;
(2) “should”, a suggestion or
recommendation; not a requirement;
(3) “sponsor/provider”, any
person, organization, agency, or institution which organizes, develops,
implements, and evaluates a CE activity;
(4) “state approved program”, a
basic nursing education program approved or accredited by a state board of
nursing or a nationally recognized nursing education accreditation body;
(5) “supervision/direction”,
initial verification of a person’s knowledge and skills in the performance of a
specific function or activity followed by periodic observation, direction and
evaluation of that person’s knowledge and skills as related to the specific
functions or activity;
(6) “surrogate”, an individual,
other than a patient’s agent or guardian, authorized under the uniform
health-care decisions act to make a health-care decision for the patient.
T. Definitions beginning with the letter T: “temporary license”, a
non-renewable, non-transferable document indicating a legal privilege to
practice as a RN, LPN, CNP, CNS or CRNA, on a conditional basis for a specific
period of time.
U. Definitions beginning with the letter U: [RESERVED]
V. Definitions beginning with the letter V: “valid
practitioner-patient relationship” means a professional relationship
between the practitioner and the patient for the purpose of maintaining the
patient’s well-being. At minimum, this
relationship is an interactive encounter between the practitioner and patient
involving an appropriate history and physical or mental examination, ordering
labs or diagnostic tests sufficient to make a diagnosis and providing,
prescribing or recommending treatment, or referring to other health care
providers. A patient record must be
generated by the encounter.
W. Definitions beginning with the letter W: [RESERVED]
X. Definitions beginning with the letter X: [RESERVED]
Y. Definitions beginning with the letter Y: [RESERVED]
Z. Definitions beginning with the letter Z: [RESERVED]
A. Definitions beginning with the letter A:
(1) “administration of medications”, means
a process whereby a prescribed drug or biological agent is given to a
patient/client by a person licensed or certified by the board to administer
medications;
(2) “advanced
practice registered nurse”, (APRN), means the practice of professional
registered nursing by a registered nurse who has been prepared through
additional formal education as provided in Sections 61-3-23.2 through 61-3-23.4
NMSA 1978 to function beyond the scope of practice of professional registered
nursing, including certified nurse practitioners, certified registered nurse
anesthetists and clinical nurse specialists;
(3) “anesthetics”,
means a substance that causes entire or partial loss of the feeling of
pain, temperature, or other sensations with or without the loss of
consciousness to induce a state of anesthesia.
Anesthetics have no reversal agents and may impair ventilatory and
cardiovascular function. This definition
does not apply to local or topical anesthetics.
B. Definitions beginning with the letter B: “board” means the New Mexico board
of nursing.
C. Definitions beginning with the letter C:
(1) “certificate”, means a legal document granting
permission to an unlicensed person to perform specific functions considered the
practice of nursing;
(2) “certificate of completion”, means a piece of paper or diploma awarded
after the completion of an educational or vocational training. A certificate of attendance or completion
does not convey mastery and is often followed by clinical demonstration to
confirm knowledge transfer; the presence of a certificate alone does not mean
certification or certified.
(3) “certification”, means
approving a professional for their eligibility for a role by an authority; it
is evidence of mastery of knowledge and skills, such as national standards, by
passing an exam or meeting industry standards; it requires ongoing continuing
education and demonstration of competence in the specialty field; a licensee
with a certification can be said to be certified.
(4) “CEU”,
is the abbreviation for continuing education unit;
(5) “CHT”, is the
abbreviation for certified hemodialysis technician;
(6) “CMA”, is the abbreviation
for certified medication aide;
(7) “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;
(8) “competency”,
competency in nursing is the ability to perform skillfully and proficiently the
role of the licensee; the role encompasses essential knowledge, judgment,
attitudes, values, skills and abilities, which are varied in range and
complexity; competency is a dynamic concept and is based on educational
training, preparation, and expertise;
(9) “contact hour”, means the unit of measurement
describing an approved and organized learning experience equivalent to 60 clock
minutes;
(10) “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;
(11) “continuing education unit”, means 10 contact hours of
participation in an organized continuing education experience under responsible
sponsorship, capable direction, and qualified instruction;
(12) “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.
D. Definitions beginning with the letter D: “delegation”, means the act of
transferring to a competent individual the authority to perform a selected
nursing task in a selected situation.
The nurse retains accountability of the delegation.
E. Definitions beginning with the letter E:
(1) “educational institution”,
means an institution within the educational system which is organized and
accredited for teaching and study (university, high school, post-secondary,
approved area vocational institution);
(2) “engaged in nursing”, means being
employed, engaged, or holding a position which requires licensure or in
which the maintenance of licensure as a nurse is expected;
(3) “expedited
license”, whether by examination, endorsement, credential or reciprocity,
means a license issued to a person in this state based on licensure in another
state or territory of the United States, the District of Columbia or a foreign
country, as applicable, pursuant to the Uniform Licensing Act and the Nursing
Practice Act.
F. Definitions beginning with the letter F: [RESERVED]
G. Definitions beginning with the letter G:
(1) “good standing”, means a license or
registration is active and not expired, suspended, revoked, surrendered,
conditioned, or otherwise in a status that in any manner restricts the activity
of a licensee or registrant under the authority of the license or registration.
(2) “guardian”, means someone
other than a patient, including an agent, surrogate or guardian, authorized to
make health-care decisions for the patient under the uniform health-care
decisions act or other applicable law;
H. Definitions beginning with the letter H: [RESERVED]
I. Definitions
beginning with the letter I: “initial
license”, means the first regular license received from a board for a
person who has not been previously licensed;
J. Definitions beginning with the letter J: “jurisdiction”, the
licensure or regulatory authoritative body for nursing within a specific
geographic area for which there is endorsement in New Mexico.
K. Definitions beginning with the
letter K: [RESERVED]
L. Definitions beginning with the letter L:
(1) “lapsed status”, means a
license which was not renewed by the expiration date on the license;
(2) “letter of authorization”, a
document issued by the board which authorizes an individual to practice nursing
in New Mexico under the auspices of an approved preceptorship for an advanced
nursing expanded scope of practice prescriptive authority or for an advanced
practice nurse from a compact state;
(3) “license”,
means a legal document granting permission to a person to perform
specific functions considered the practice of nursing or other activity
regulated by the board, which may also include a certificate or other type of
authorization.
M. Definitions beginning with the letter M: “monitoring system”, a mechanism
whereby programs may be approved for CE hours within a geographic area.
N. Definitions beginning with the letter N:
(1) “national licensing examination”,
means the examination for licensure as provided by the national council of
state boards of nursing, inc.;
(2) “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;
O. Definitions beginning with the
letter O: [RESERVED]
P. Definitions beginning with the letter P:
(1) “permit-to-practice”, a
document conferring the privilege to practice at a specific place of
employment, under the direct supervision of a licensed RN, APRN, physician,
osteopathic physician, dentist, or podiatrist; such permits will carry set
expiration dates, are not renewable and are not transferable;
(2) “preceptor”, an individual at or above
the level of licensure that an assigned student is seeking, who may serve as a
teacher, mentor, role model or supervisor in a clinical setting;
(3) “prescriptive authority”, means the
authority under state and federal law to prescribe, administer, monitor or
modify dangerous drug therapy.
Q. Definitions beginning with the letter Q: [RESERVED]
R. Definitions beginning with the letter R:
(1) “reactivation”, means the
process of making active an existing license which has lapsed or is otherwise
inactive;
(2) “refresher course”, means a formal
program that has both didactic and clinical components designed to prepare a
nurse who has been out of practice to re-enter the profession;
(3) “reinstatement”, means the
process whereby a license which has been subject to revocation or suspension,
is returned to its former status by board action, which may require filing of a
form and payment of a reinstatement fee;
(4) “relicensure”, the process of
renewal, reactivation or reinstatement of a New Mexico nursing license.
S. Definitions beginning with the letter S:
(1) “sedation”, means the
administration of medications to produce various levels of calmness,
relaxation, or sleep. The various levels
include:
(a) “Minimum sedation/anxiolysis,”
means a drug-induced state during which patients respond normally to verbal
commands, may have impaired cognitive function or coordination but respiratory
and cardiovascular functions remain stable:
(b) “Moderate sedation/analgesia (also
known as conscious sedation),” means a drug-induced depression of
consciousness during which patients respond purposefully to verbal commands,
either alone or accompanied by light tactile stimulation. No interventions are required to maintain a patent
airway, and spontaneous ventilation is adequate. Cardiovascular function is usually
maintained:
(i) “deep sedation,” means a
drug-induced depression of consciousness, during which a patient cannot be
easily aroused but responds purposefully, following repeated or painful
stimulation. While cardiovascular
function is usually maintained, the ability to independently maintain
respiratory function may be impaired.
Patients may require assistance in maintaining a patent airway, and
spontaneous ventilation may be inadequate resulting in intubation and
mechanical ventilation. Reflex
withdrawal from a painful stimulus is not considered a purposeful
response;
(ii) “general anesthesia,” means a
drug-induced loss of consciousness during which patients are not arousable,
even by painful stimulation. General
anesthesia affects the patient’s ability to maintain an adequate airway and
respiratory function, and may impair cardiovascular function;
(iii) “palliative sedation,” means the
monitored use of medications at end of life intended to provide relief of
intolerable and refractory symptoms but not to intentionally hasten death. A refractory symptom is one that cannot be
controlled in a tolerable time frame despite use of therapies and seems
unlikely to be controlled by further therapies without excessive or intolerable
acute or chronic side effects/complications.
(2) “successful completion”, means
the completion of all required courses with a passing letter grade of “C” or
higher, course with pass or fail must have a “pass” for successful completion;
(3) “supervision/direction”, means
initial verification of a person’s knowledge and skills in the performance of a
specific function or activity followed by periodic observation, direction and
evaluation of that person’s knowledge and skills as related to the specific
functions or activity.
T. Definitions
beginning with the letter T: “temporary license”, a
non-renewable, non-transferable document indicating a legal privilege to
practice as a RN, LPN, CNP, CNS or CRNA, on a conditional basis for a specific
period of time.
U. Definitions beginning with the letter U:
(1) “unencumbered”, means the absence of a revocation or
suspension of, or any limitation on, the full and unrestricted practice of
nursing imposed by a licensing board;
(2) “unlicensed
assistive personnel”, (UAP) means
unlicensed support staff that registered nurse may appropriately delegate tasks
to, such as a nursing assistant, nurse technician, or medical assistant.
V. Definitions beginning with the letter V: “valid practitioner-patient relationship”, means a professional relationship
between the practitioner and the patient for the purpose of maintaining the
patient’s well-being. At minimum, this
relationship is an interactive encounter between the practitioner and patient
involving an appropriate history and physical or mental examination, ordering
labs or diagnostic tests sufficient to make a diagnosis and providing,
prescribing or recommending treatment, or referring to other health care
providers. A patient record must be
generated by the encounter.
W. Definitions beginning with the letter W: [RESERVED]
X. Definitions beginning with the letter X: [RESERVED]
Y. Definitions beginning with the letter Y: [RESERVED]
Z. Definitions beginning with the letter Z: [RESERVED]
[16.12.1.7
NMAC - Rp, 16.12.1.7 NMAC, 12/13/2022, A; 5/21/2024]
16.12.1.8 GLOSSARY OF ABBREVIATONS:
A. APRN: Advanced practice registered nurse (i.e. CNP, CNS, CRNA);
B. CE: Continuing education;
C. CHT: Certified hemodialysis technician;
D. CMA: Certified
medication aide;
E. CNP: Certified nurse practitioner;
[D] F. CNS:
Clinical nurse specialist;
[E] G. COA:
Council on accreditation of nurse anesthesia educational program;
[F] H. CRNA: Certified registered nurse anesthetist;
[G] I. DNP: Doctor of nursing
practice;
[H] J. GCNS: Graduate clinical nurse specialist;
[I] K. GN: Graduate nurse;
[J] L. GNP: Graduate nurse practitioner;
[K] M. GPN: Graduate practical nurse;
[L] N. GRNA: Graduate registered nurse anesthetist;
[M] O. LPN: Licensed practical nurse;
[N] P. MN: Master’s in nursing;
[O] Q. MSN:
Master of science in nursing;
[P] R. NBCRNA: National board on
certification & recertification of nurse anesthetists;
[Q] S. NCLEX-RN/PN: National council licensing examination -
RN/PN;
[R] T. NCSBN:
National council of state boards of nursing;
[S] U. NLNAC: National league
for nursing accrediting commission;
[T] V. NMSA: New Mexico statutes annotated;
[U] W. NPA: Nursing Practice Act;
[V] X. RN: Registered nurse;
[W] Y. ULA: Uniform Licensing Act.
[16.12.1.8 NMAC - N, 12/13/2022, A; 5/21/2024]
16.12.1.10 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 unless a later date is indicated in the election.
(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] terminating 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 10-15-4 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 or fiscal 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] member
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.
[16.12.1.10
NMAC - Rp, 16.12.1.9 NMAC, 12/13/2022, A; 05/07/2004]
16.12.1.12 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 that are experts
in the pertinent field [of relevant health care] to assist in the
performance of the board’s duties pursuant to
authority under Section 61-3-10 NMSA 1978 of the Nursing Practice Act. 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 statute or rules membership is conditioned on
the following:
(1) Committee members [may] serve
[two-year] terms that are no more than
two-years each.
(2) The board may reappoint [currently
serving] committee members to serve additional terms.
(3) [An individual’s service]
Service on a committee is voluntary, and the [individual] member
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] at the approval of the director.
(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] may automatically terminate an
individual’s membership on a committee if the [individual] member
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.
F. [Specific] Standing
committees: [Nursing practice advisory committee. The board may appoint a minimum of a
seven-member advisory committee to assist the board in regulating the practice
of nursing. The committee shall assist
and advise the board in the review of issues related to the practice of
nursing.] Committees established by
rule shall not require reauthorization.
Any committee created outside of the rules requires reauthorization of
the board each fiscal year.
[16.12.1.12 NMAC - Rp, 16.12.1.11 NMAC, 12/13/2022, A; 05/21/2024]