New Mexico Register / Volume XXXVI,
Issue 5 / March 11, 2025
NOTICE
OF PUBLIC HEARING
The
New Mexico Department of Health will hold a public hearing on the proposed
repeal and replacement of rule 7.29.5 NMAC, “Certification of Community
Health Workers.” The hearing will be held on Friday, April 25, 2025 at 9:00 a.m. via the Microsoft Teams Internet-based
video conferencing system, and via telephone. Members of the public who wish to
submit public comment regarding the proposed repeal
and replacement of the rule will be able to do so via video conference and via
telephone during the course of the hearing, and by
submitting written comment.
The Department
proposes to repeal and replace the entirety of rule 7.29.5 NMAC, to incorporate
various new and modified provisions, including but not limited to provisions
concerning:
·
Definitions
(section 7);
·
The
Board of Certification of Community Health Workers, including standards for Board
membership, meetings, and duties and responsibilities of the Board (section 8);
·
The
NM Registry of Community Health Workers (section 9);
·
Certification
and recertification requirements for Community Health Workers, including but
not limited to the application process and application requirements,
certification levels, requirements for reinstatement after lapse, suspension,
or revocation; grounds for disapproval; fees; and prohibitions against
unauthorized training and unauthorized practice (section 10);
·
Criminal
history screening requirements (section 11);
·
Requirements
for Department endorsement of persons who wish to
conduct CHW trainings (section 12);
·
Requirements
for Department approval of CHW continuing education programs (section 13);
·
Standards
for the CHW Certification Review Committee, including but not limited to grounds
for denial, suspension, revocation, or other adverse action against a
certificate, and standards concerning Committee review of criminal history
screening results (section 14);
·
Hearing
process for appeals of decisions, including but not limited to standards
concerning the right to appeal, notice of hearing, admissible evidence, burden
of proof, legal representation, hearing officer duties, and the decision of the
Department (section 15);
·
Standards
for reinstatement of a suspended or revoked certificate (section 15); and
·
Standards
concerning inspection of records (section 16).
The purpose of the
proposed repeal and replacement of 7.29.5 NMAC is to implement the Community
Health Workers Act, sections 24-30-1 through -7, which requires the Department
of Health to adopt and promulgate rules concerning the Community Health Workers
Program.
The legal
authority authorizing the proposed repeal and replacement of the rule by the
Department is at the Department of Health Act, Subsection E of Section 9-7-6
NMSA 1978, which authorizes the secretary of the department of health to
“...make and adopt such reasonable and procedural rules and regulations as may
be necessary to carry out the duties of the department and its divisions,”; and
the Community Health Workers Act, Sections 24-30-3, which authorizes the
department to adopt rules to establish and administer a voluntary program for
the certification of community health workers.
A free copy of
the full text of the proposed repeal and replacement can be obtained online
from the New Mexico Department of Health’s website at http://nmhealth.org/about/asd/cmo/rules/
or by contacting the Department using the contact information below.
The public hearing will be conducted to receive public comment on the proposed repeal and replacement. Any interested member of the public may
attend the hearing and may submit data, views, or arguments on the proposed
rule either orally or in writing during the hearing.
To access the hearing via the Internet: please go to
https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting, then enter the
following meeting i.d. code and passcode where indicated on the screen: meeting i.d.
code 268 152 498 095 and passcode 9tT269Eb and then click the “Join a meeting”
button.
To access the hearing by telephone: please call 1-505-312-4308
and enter phone conference i.d. 222372442#.
All comments will be recorded.
Written public
comment regarding the proposed rule can be submitted either by e-mail to
Stephanie Lopez at stephanie.lopez@doh.nm.gov, or U.S. postal mail to the
following address:
Stephanie
Lopez
NMDOH OGC
P.O. Box 26110
1190 St. Francis Dr., Suite N-4095
Santa Fe, NM
87502-6110
Written
comments must be received by the close of the public rule hearing on April 25,
2025. All written comments will be
published on the agency website at https://www.nmhealth.org/about/asd/cmo/rules/
within 3 days of receipt, and will be available at the
New Mexico Department of Health 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 Stephanie Lopez by telephone at (505) 690-3689.
The Department requests at least ten (10) days’ advance notice to provide
special accommodation.