TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 12 NURSING AND HEALTH CARE RELATED PROVIDERS
PART 1 GENERAL PROVISIONS
16.12.1.1 ISSUING
AGENCY:
New Mexico Board of Nursing.
[16.12.1.1 NMAC - Rp, 16.12.1.1 NMAC, 12/30/2021]
16.12.1.2 SCOPE: These rules apply to
the board and all those licensed by or subject to the jurisdiction of the board.
[16.12.1.2 NMAC - Rp, 16.12.1.2 NMAC, 12/30/2021]
16.12.1.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the Nursing
Practice Act, Sections 61-3-1 to -30 NMSA 1978 and the Lactation Care Provider
Act, Sections 61-36-1 to -6 NMSA 1978.
[16.12.1.3 NMAC - Rp, 16.12.1.3 NMAC, 12/30/2021]
16.12.1.4 DURATION: Permanent.
[16.12.1.4 NMAC - Rp, 16.12.1.4 NMAC, 12/30/2021]
16.12.1.5 EFFECTIVE DATE: December 30, 2021,
unless a later date is cited at the end of a section.
[16.12.1.5 NMAC - Rp, 16.12.1.5
NMAC, 12/30/2021]
16.12.1.6 OBJECTIVE: The objective of
Part 1 is to promote, preserve and protect the public health, safety and welfare by regulating the practice of nursing,
lactation care providers, certified medication aides, certified hemodialysis
technicians, approve schools of nursing and medication aide and hemodialysis
technician training programs in the state.
[16.12.1.6 NMAC - Rp, 16.12.1.6 NMAC, 12/30/2021]
16.12.1.7 DEFINITIONS:
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;
F. CNS: Clinical nurse specialist;
G. COA: Council on accreditation of nurse anesthesia
educational program;
H. CRNA: Certified
registered nurse anesthetist;
I. DNP: Doctor of nursing practice;
J. GCNS: Graduate
clinical nurse specialist;
K. GN: Graduate
nurse;
L. GNP: Graduate
nurse practitioner;
M. GPN: Graduate practical nurse;
N. GRNA: Graduate
registered nurse anesthetist;
O. LPN: Licensed
practical nurse;
P. MN: Master’s in
nursing;
Q. MSN: Master of science in nursing;
R. NBCRNA: National board on certification &
recertification of nurse anesthetists;
S. NCLEX-RN/PN:
National council licensing examination - RN/PN;
T. NCSBN: National council of state boards of nursing;
U. NLNAC: National league for nursing accrediting
commission;
V. NMSA: New
Mexico statutes annotated;
W. NPA: Nursing Practice Act;
X. RN: Registered
nurse;
Y. ULA: Uniform
Licensing Act.
[16.12.1.8 NMAC - N, 12/13/2022, A, 5/21/2024]
16.12.1.9 MISSION OF THE BOARD: The mission of the board is to promote,
preserve and protect the public health, safety and
welfare by regulating the practice of nursing, schools of nursing, hemodialysis
technicians, medication aides, and lactation care providers in New Mexico. The board is not an advocacy organization but is instead a regulatory body responsible at all times and in
all situations for acting in the interest of the public.
[16.12.1.8
NMAC - N, 12/30/2021]
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 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 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.
[16.12.1.9 NMAC - Rp, 16.12.1.8 NMAC, 12/30/2021, A,
5/21/2024]
A. Verification
of license or certificate:
(1) The board staff shall make informal verification
of licensure or certification status available immediately on the board
website.
(2) Any employer or other interested person or entity may
request informal verification of the status of a license or certificate.
(3) Formal
verification of licensure may only be requested through postal mail or fax
through the submission of the board’s verification request form and remittance
of the required fee pursuant to 16.12.2.9 NMAC.
(4) Formal
verification of registered nurse or licensed practical nurse licensure for the
purposes of another U.S. nursing regulatory body must be requested through the
national council of state boards of nursing (NCSBN) web-based system.
B. Reporting of
discipline and other licensure matters: The
board staff shall complete all required reporting of disciplinary matters and
other reportable actions to the national practitioner databank and coordinated
licensure information system as required by federal and state law.
[16.12.1.10
NMAC - N, 12/30/2021]
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 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 serve terms that are no more than two-years each.
(2) The board may reappoint committee
members to serve additional terms.
(3) Service on a committee is voluntary,
and the 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 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 may automatically terminate an individual’s membership on a
committee if the 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.
[16.12.1.12
NMAC - Rp, 16.12.1.11 NMAC, 12/13/2022, A, 5/21/2024]
16.12.1.13 ETHICAL RESPONSIBILITIES OF BOARD
MEMBERS, STAFF, AND COMMITTEE MEMBERS:
A. High
ethical standards: Pursuant to the
mission of the board, all members of the board, employees of the board, and
committee members shall act in their official capacities in the interest of the
public and not for personal gain or for the benefit of the members of a
particular profession.
B. All
members of the board, employees of the board, and committee members shall abide
by the requirements of the Governmental Conduct Act and all other New Mexico
laws governing the ethical conduct of public officers and employees.
C. Code
of conduct: The board shall annually
adopt, at a regularly scheduled board meeting, a code of conduct for all
members of the board, employees of the board, and committee members.
[16.12.1.12
NMAC - N, 12/30/2021, A, 5/21/2024]
16.12.1.14 INFORMATIONAL
OBLIGATIONS OF LICENSE AND CERTIFICATE HOLDERS:
A. Use
of legal name: A licensee or
certificate holder must use the licensee or certificate holder’s legal name on
all applications and licenses.
B. Name
changes:
(1) A
licensee or certificate holder may submit a name change to the board at
any time.
(2) A licensee or certificate holder must submit, as part of any name
change request, a copy of one of the following legal documents verifying the
name change: a recorded marriage certificate, a divorce decree, or a court
order.
(3) The licensee or certificate holder
must continue to use the name on record with the board for work purposes until
the board acknowledges the official change of name.
C. Contact information:
(1) A
licensee or certificate holder is obligated to maintain current and accurate
contact information on file with the board.
(2) A
licensee or certificate holder shall notify the board within 30 days of a
change of the licensee or certificate holder’s contact information.
(3) Failure
to disclose a change of mailing or residential address shall constitute grounds
for disciplinary action.
(4) For
the purposes of this rule, “contact information” means the licensee or
certificate holder’s mailing address, residential address, email address, and
telephone number.
D. Name
and mailing address of employer:
(1) A
licensee or certificate holder is obligated to maintain the current and
accurate name and mailing address of the licensee or certificate holder’s
employer on file with the board.
(2) A
licensee or certificate holder shall notify the board within 30 days of any
change in the name and address of the licensee or certificate holder’s
employer.
(3) Failure
to disclose a change of the name and mailing address of the licensee or certificate
holder’s employer shall constitute grounds for disciplinary action.
[16.12.1.13
NMAC - N, 12/30/2021]
HISTORY of 16.12.1
NMAC:
Pre-NMAC History:
The material in this part was derived from that
previously filed with the state records center & archives under: BON 70-2, Administrative Policy, filed
7/17/1970;
BON 73-1, Rules and
Regulations of the Nursing Practice Act, filed 3/13/1973;
BON 78-1, Administrative Rules
and Regulations of the New Mexico Board of Nursing, filed 11/02/1978;
BON MANUAL #83-1, Administrative Rules
and Regulations of the Board of Nursing, filed 6/13/1983;
BON MANUAL #85-1, Administrative Rules
and Regulation of the Board of Nursing, filed 8/13/1985;
BON MANUAL 91-2, Administrative Rules and Regulations
of the New Mexico board of nursing, filed 10/09/1991.
History of
Repealed Material:
16.12.1 NMAC, Nursing
and Health Care Related Providers - General Provisions, filed 6/12/2001
- Repealed effective 10/1/2016.
16.12.1 NMAC, Nursing
and Health Care Related Providers - General Provisions filed 9/1/2016 -
Repealed effective 12/30/2021.
Other History: 16 NMAC 12.1, Nursing and Health Care Related
Providers - General Provisions, filed 12/10/1997, renumbered, reformatted and amended to 16.12.1 NMAC, General Provisions
effective 7/30/2001.
16.12.1 NMAC, Nursing
and Health Care Related Providers - General Provisions filed 9/1/2016
Replaced 16.12.1 NMAC, Nursing and
Health Care Related Providers - General Provisions effective 12/30/2021.