New Mexico Register / Volume XXXV,
Issue 1 / January 16, 2024
NOTICE OF PROPOSED
RULEMAKING
The New Mexico Board of Nursing (hereinafter the
“Board”) will hold a public rule hearing on Wednesday, February 21, 2024, at
9:00 a.m. The rule hearing will be held in
person at CNM Workforce Training Center, 5600 Eagle
Rock Ave NE, Albuquerque, NM 87113. A Board staff member will also be present on
the day of the hearing from approximately 8:00 a.m. to 9:00 a.m. at 6301 Indian
School Rd, NE, Suite 710, Albuquerque, NM 87110, to accept comments in written
form and submit those comments to the board during the hearing.
To attend the hearing:
Please attend the meeting at CNM Workforce Training
Center, 5600 Eagle Rock Ave NE, Albuquerque, NM
87113.
The purpose of the rule hearing is to consider
proposals to amend 16.12.1 NMAC (“General Provisions”, 16.12.2 NMAC (“Nurse
Licensure”), 16.12.3 NMAC (“Nursing Education Programs”), 16.12.4 NMAC
(“Hemodialysis Technicians”) 16.12.9 NMAC (“Management of Chronic Pain with
Controlled Substances”). The rules
hearing will also consider a new 16.12.14 NMAC (“Nursing
Practice in Aesthetic Medical Facilities”).
Persons desiring to view the proposed rules may
download them from https://www.bon.nm.gov.
If you do not have internet access, a copy of the proposed rules may be
requested by contacting NMBON at (505) 841-9083.
The Board is currently accepting public comments on
the proposed amendments. Please submit
written comments on the proposed changes via email to sheena.ferguson@bon.nm.gov. Alternatively, members of the public may
submit written comments by sending an original, signed copy to:
New Mexico Board of Nursing
ATTN: NMBON Public Comments
6301 Indian
School Rd. NE, Suite 710
Albuquerque, NM 87110
The Board will accept written public comment received
at or before 5:00 PM on Tuesday, February 20, 2024, as well as written public
comment hand-delivered between approximately 8:00 a.m. to 9:00 a.m. at the
above-referenced address on the date of the rule hearing. All written comments will be posted to the
Board’s website no later than three business days following receipt to allow
for public viewing.
The board will preside over the hearing. The board will hear public comments, review
written public comments, and any exhibits admitted during the hearing.
If you are a person with a disability and you require
this information in an alternative format or require special accommodations to
participate in the public hearing, please contact the NMBON at (505)
841-9083. The NMBON requests at least
ten (10) days advance notice to provide requested alternative formats and
special accommodations.
Statutory Authority: Subsection A of Section 61-3-10
NMSA 1978 of the Nursing Practice Act, Sections 61-3-1 to -30 NMSA 1978,
specifically authorizes the Board to “promulgate rules in accordance with the
State Rules Act (Chapter 14, Article 4 NMSA 1078) as necessary to enable it to
carry into effect the provisions of the Nursing Practice Act and to maintain
high standards of practice.” In
addition, Section 61-1-31.1 NMSA 1978 of the Uniform Licensing Act, requires
the Board to “determine those states and territories of the United States and
District of Columbia from which the board will not accept an applicant for
expediated licensure and those foreign countries from which the board will
accept an applicant for expedited licensure. The list of disapproved licensing
jurisdictions shall be posted on the board’s website. The list of disapproved licensing
jurisdictions shall include the specific reasons for disapproval.”
Purpose of the proposed rules: The proposed
rules are intended to provide greater clarity in existing regulatory and
statutory requirements, ensure continued high levels of professionalism among
licensees and certificate holders, and to generally satisfy the Board’s
statutory obligation to “promote, preserve and protect the public health,
safety and welfare.” Section 1 of
section 61-3-2 NMSA 1978.
Summary of Proposed Changes: The Board
summarizes its proposed changes to its administrative rules as follows:
16.12.1 NMAC - General Provisions
The proposed changes to Part 1 of the Board’s current
rules consist of amending existing language. The new Part 1 would set forth
critical definitions applicable to all the Board’s rules.
16.12.2 NMAC - Nurse Licensure
The proposed changes to Part 2 of the Board’s current
rules consist of amending existing language.
16.12.3 NMAC - Nursing Education Programs
The proposed changes to Part 3 of the Board’s current
rules are to amend the existing language. The amended Part 3 proposed to change the
definition of clinical preceptor, change the way the pass rates are calculated
for nursing education programs, adds requirements for nursing programs offering
clinical instruction in the state, and changes the education requirements for full-time
education faculty.
16.12.4 NMAC - Hemodialysis Technicians
The proposed changes to Part 4 of the Board’s rules
consist of amending existing language. The
amended part 4 rules make a correction to the objectives of the rules, updates
the definition of continuing education, revises eligibility requirements for
certification, and changes the scope of function of the hemodialysis
technician.
16.12.9 NMAC - Management of Chronic Pain with
Controlled Substances
The proposed changes to Part 9 of the Board’s rules
consist of amending existing language for consistency with the Pain Relief Act,
Sections 24-2D-1 through 24-2D-7 NMSA 1978. Two definitions beginning with “O” were added.
Language was added to reflect changes in the Pain Relief Act.
16.12.14 NMAC - Nursing Practice in Aesthetic Medical
Facilities
The proposed new Part 14 of the Board’s rules
Technical Information: No technical information provided the basis for
either of the proposed rules.