New Mexico
Register / Volume XXXV, Issue 1 / January 16, 2024
NOTICE OF PUBLIC HEARING
The New
Mexico Department of Health will hold a public hearing on the proposed repeal and
replacement of rule, 16.11.2
NMAC, “Certified Nurse-Midwives”. The
public hearing will be held on February 20, 2024 at
9:00 a.m. MDT via web video conference and telephone. The hearing will be conducted to receive
public comments regarding the proposed repeal and replacement of the current
rule, 16.11.2 NMAC, concerning the licensing, scope of practice, and
disciplining of certified nurse-midwives (CNM).
The
proposed replacement rule includes the following amendments and changes to the
following rule parts:
1.
Amended 16.11.2.7 NMAC Definitions to add definitions for audit,
client, continuing education, continuing education unit, substance use
disorder, and changing the definition of prescription monitoring program, and
valid CNM-client relationship. The
purpose of these definition changes is to provide a clear definition of what an
audit is to a CNM and to provide a clear understanding to the CNM of what is
expected of each licensee for the continuing education requirement. The purpose of the definition change to the
prescription monitoring program is to remove any stigmatizing verbiage
associated with addiction. The purpose
of the change to the definitions to include substance use disorder is to use
this phrase in the rule in relation to prescribing activities of a CNM and
continuing education requirements, and it follows the National Institute of
Mental Health definition. The purpose of
the change to the definition of a valid CNM-client relationship is to move the
description of the relationship from the definition further into the regulation
in the section on the practice of midwives to more
appropriately define the prescriptive practice.
2.
Amended 16.11.2.9 NMAC Licensure to clear up confusion over the fact
that multi-state license regulations have random license expiration dates and
some of those licensees in other states do have not have a New Mexico nursing
license. The purpose of adding Paragraph
(3) of Subsection B of 16.11.2.9 NMAC is to provide clarity on refunds on
incomplete applications.
3.
Amended Subparagraph (c) of Paragraph (3) of Subsection C of 16.11.2.9
NMAC to specify that a new category of continuing education shall focus on
health equity topics. The purpose of
this amendment is to bring the New Mexico license regulation into line with
national competency standards set forth by the American Midwifery Certification
Board (AMCB).
4.
Amended Item (i) of Subparagraph (d) of
Paragraph (3) of Subsection C of 16.11.2.9 NMAC to reflect the current
requirements of the New Mexico CNM’s contact hours per licensure period.
5.
Added a new Section 16.11.2.10 NMAC Continuing Education to be as
descriptive as possible to the licensee as to what is required for continuing
education (CE) content. The purpose is
to provide clarity to licensees as to what is included in a CE audit, and from
what recognized approved bodies CE taken will be approved, and to outline to
the licensee the duties in reporting CE to the program.
6.
Amended Subsection A of 16.11.2.11 NMAC Practice of the Certified
Nurse-Midwife “Scope of Practice” to change the description of those persons
whom a CNM may provide services to from “women” and “patients” to
“clients”. The purpose of the section
change is to clarify that CNMs can provide care to all persons who seek
midwifery care regardless of gender identity or sexual orientation.
7.
Amended Subsection B of 16.11.2.11 NMAC Practice of the Certified
Nurse-Midwife “Prescriptive Authority” to include the language for a CNM-client
relationship previously set forth in the definitions section. The purpose of placement of the text in this
section is because it is more appropriate in this section of the regulation
dealing with the practice of the licensee.
8.
Amended Subsection A of
16.11.2.12 NMAC “License, Denial, Suspension, or Revocation: Disciplinary
Action. Grounds for action” to specify additional specific actions that may
result in disciplinary action. The
purpose of these additions is to clarify for licensees the sections of the
regulation which non-compliance with may result in a disciplinary action.
9.
Amended 16.11.2.13 NMAC Advisory Board to include additional
members. The purpose of the changes is
to provide more memberships for representatives who are currently practicing
and to provide a specific seat on the board for a student who may remain on the
board after graduation.
The
purpose of the proposed repeal and replacement rule is to adopt the changes and
amendments to the rule. The purpose of repeal and replacement is also
necessary because the New Mexico Commission of Public Records has stated in its
Guide that a repeal and replacement of an existing rule is very helpful when a
rule has been substantially rewritten and restructured such that a detailed
section by section comparison is not possible and may be confusing to the
public.
The legal
authority authorizing the proposed rule by the Department is at Subsection E of
Section 9-7-6 NMSA 1978, Subsections S and V of Section 24-1-3 NMSA 1978, and
24-1-4.1 NMSA 1978.
The
foregoing are summaries of the proposed rule.
The proposed rule includes various additional substantive revisions not
identified here. Free copies of the full
text of the proposed rule may be obtained online from the Department’s website at https://nmhealth.org/publication/regulation/.
Any interested member of the public may attend the hearing, and
anyone may offer public comments on the proposed rule orally at the
hearing. To access the hearing by
telephone: please call 1-505-312-4308, phone conference i.d. code 749241820 #. To access the hearing via internet: please go
to https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting, enter the
following meeting i.d. code and passcode where indicated on screen—meeting i.d.
code 230 233 080 029, Passcode: ZoTVtA, then click
the “Join a meeting” button. All oral
comments will be recorded.
Any person may submit written public
comment concerning the rule amendments.
Written comments may be submitted to the mailing address shown
below. Please submit any written comments
regarding the proposed rules to the attention of:
Abigail
Reese, PhD, CNM
Maternal
Health Program Manager
Family
Health Bureau/Public Health Division
2040 S.
Pacheco (Colgate Building)
Santa Fe,
New Mexico 87505
Abigail.reese@doh.nm.gov
(505)
231-6817
Mailed
written comments must be received no later than 5:00 p.m. MDT on February 20,
2024, the day of the public hearing.
Written comments may also be submitted to the email address shown above
through 5:00 pm MDT on the date of the hearing.
All written comments will be published on the agency website at
http://nmhealth.org/publication/regulation/ within
3 business days of receipt, and will be available at
the Office of the New Mexico Department of Health, at the address above, for
public inspection.
If you are
an individual with a disability who is in need of
special assistance or accommodations to attend or
participate in the hearing, please contact Christine Guillen by telephone at
(505) 709-5538. The Department requests
at least ten (10) days’ advance notice to provide requested special
accommodations.