New Mexico Administrative Code

Section 61-3-1 et seq., authorized the board of nursing to regulate the practice of nursing in the state.

Permanent

February 17, 2006, unless a later date is cited at the end of a section.

To ensure that certified nurse practitioners/clinical nurse specialist provide copies of medical records to patients; notify their patients of closing, selling, relocating or leaving a practice and have a system in place for retention, maintenance and destruction of medical recor…

[Reserved]

Certified nurse practitioners/clinical nurse specialists must provide complete copies of medical records to a patient or to another practitioner in a timely manner when legally requested to do so by the patient or by a legally designated representative of the patient. A. Medical …

Due care should be taken when closing or departing from a practice to ensure a smooth transition from the current practitioner to the new treating practitioner. This should occur with a minimum of disruption in the continuity and quality of medical care being provided to the pati…

New Mexico Board of Nursing.

Payment of fees will be accepted in the form specified by the board. Fees are not refundable. A. Initial licensure or expedited licensure $60.00. B. Renewal $40.00. C. Reinstatement and renewal of lapsed license $60.00. D. Lactation care provider list $100.00 E. Initial certifica…

A. Requirements for licensure:(1) Be at least 18 years of age. (2) Hold an approved certification as a lactation care provider. (3) Complete the required board application form in the specified deadline and remit the required fee. The board may require additional information in t…

A. Introduction: Pursuant to the provision of the Lactation Care Provider Act, the board prescribes the following minimum requirements for continuing education (CE) to be met by each licensee to protect the health and well-being of the public and to promote current lactation care…

A. Licensees shall identify themselves by name and certification, and shall provide their license number if requested. B. The licensee shall practice in accordance with the Lactation Care Provider Act and respective scope of practice within the approved certification recognized b…

A. Authority: The board may deny, revoke, or suspend a license held or applied for under the Lactation Care Provider Act; or reprimand or place a license on probation with conditions on the grounds stated in Section 61-3B-6 NMSA 1978. B. For the purpose of Section 61-3B-6 NMSA 19…

A. Pursuant to Section 61-3B-3 NMSA 1978, the board may appoint a lactation care provider advisory committee to assist the board in regulating the practice of lactation care. The committee shall assist and advise the board in the review of issues related to the practice of lactat…

All lactation care providers licensed by the New Mexico board of nursing as licensed lactation care providers.

These rules are promulgated pursuant to the Lactation Care Provider Act, Sections 61-3B-1 to -7 NMSA 1978.

Permanent.

December 13, 2022 unless a later date is cited at the end of a section.

To promote, preserve and protect the public health, safety and welfare of the citizens of the state by establishing standards for licensure and regulation of licensed lactation care providers in New Mexico.

This rule incorporates the definitions provided in the Lactation Care Provider Act, Section 61-3B-2 NMSA 1978. A. Definitions beginning with the letter A: "act" means the Lactation Care Provider Act, Sections 61-3B-1 to 7 NMSA 1978. B. Definitions beginning with the letter B: [RE…

A. Licensure with the board is not required to provide lactation care and services in the state of New Mexico; provided, however, that any individual not licensed by the board as a licensed lactation care provider may not use the title "licensed lactation care provider" (LLCP) or…

A. The following certifications conferred by a program accredited by a nationally or internationally recognized accrediting agency are recognized by the board and approved for licensure requirements: (1) Certified lactation counselor (CLC) accredited by the academy of lactation p…

New Mexico Board of Nursing.

A. Convictions for any of the following felony offenses, or their equivalents in any other jurisdiction, are disqualifying criminal convictions that may disqualify an applicant from receiving or retaining a license or certificate issued by the board: (1) homicide; (2) aggravated …

The board shall suspend or revoke licensees or certificate holders and deny applications for licenses or certificates in accordance with the Parental Responsibility Act, Sections 40-5A-1 to -13 NMSA 1978. A. All terms defined by the Parental Responsibility Act shall have the same…

A. The board shall conduct all disciplinary and application proceedings in accordance with the Uniform Licensing Act and the Open Meetings Act. B. Filing of a complaint: (1) A person must file a written complaint with the board before the board can initiate disciplinary proceedin…

A. If a licensee or applicant requests an evidentiary hearing in response to a notice of contemplated action, the executive director shall designate a hearing officer to preside over the hearing. Alternatively, upon vote of the board, the entire board may preside over the hearing…

A. Purpose: As an alternative to disciplinary action, the board may issue non-disciplinary serious letters of concern to licensees, certificate holders, applicants, and those accused of unlicensed practice. B. Content: A serious letter of concern shall state expressly that it doe…

A. The board shall not consider a petition to reinstate a license or certificate prior to the expiration of one year from the date of signature of the order of revocation, except for the following circumstances:(1) where the board revoked the license or certificate solely due to …

A. The board shall accept and determine the disposition of written complaints regarding firms, associations, institutions and corporations violating the nursing practice act, causing the violation of the nursing practice act, or asking employees to violate the nursing practice ac…

These rules apply to all applicants, nurses licensed in New Mexico, nurses not licensed in New Mexico and who wish to practice in New Mexico pursuant to a multi-state license privilege as provided in the nurse licensure compact, certified medication aides, hemodialysis technician…

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.

Permanent.

December 30, 2021, unless a later date is cited at the end of a section.

The objective of Part 12 is to establish the procedures for denying applications for licensure, processing complaints against licensees and applicants, reinstatement of suspended or revoked licenses, and taking disciplinary action against licensees.

A. Refer to Definitions, 16.12.1.7 NMAC. B. "Abandonment" means, in the context of disciplinary action, a nurse's abrupt severance of, or disengagement from, the relationship between the nurse and the patient or client without giving reasonable notice to a qualified person for th…

The board operates its disciplinary program with the ultimate goals of protecting the citizens of New Mexico and ensuring professionalism in the nursing profession. In carrying out this mandate, the board considers all alleged violations based on the merits of each case. Unless t…

The Board may take disciplinary action against a licensee or deny an application for licensure upon finding that the licensee or applicant is guilty of: A. committing fraud or deceit in procuring or attempting to procure a license or certificate of registration; B. having been co…

New Mexico Board of Nursing.

A. Participants must assure that required written reports and drug screens are submitted in accordance with the provisions of the diversion program contract and contract amendments. Written reports and drug screens must be received regularly by the program.(1) Written reports of …

A. Participants who are noncompliant with their contract and who do not cooperate with the program shall be reported to the board of nursing.(1) Reports shall be made to the board using the participant's confidential file number. (2) The participant's name shall not be disclosed …

A. Successful discharge: (1) A participant who remains drug and alcohol free for three full years and complies with all conditions of the participant's diversion program contract for at least 24 months may request a successful discharge from the diversion program. (2) Prior to th…

A. All diversion program participant records are strictly confidential and shall be maintained by the board in accordance with Section 61-3-29.1 NMSA 1978. B. Subject to any additional confidentiality as otherwise provided by law, the board may disclose the records of a participa…

A. The bo ard shall establish regional advisory committees throughout the state in accordance with Section 61-3-29.1 NMSA 1978 for the purpose of assisting the program coordinator to conduct admission interviews, prepare initial contract and to periodically evaluate participant's…

These rules apply to the board and all those licensed by or subject to the jurisdiction of the board.

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 61-36-6 NMSA 1978.

Permanent.

December 13, 2022, unless a later date is cited at the end of a section.

The objective of 16.12.13 NMAC is to promote, preserve and protect the public health, safety, and welfare.