HB 178/a
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AN ACT
RELATING TO HEALTH; AMENDING SECTIONS OF THE NURSING PRACTICE
ACT TO CLARIFY THE SCOPE OF PRACTICE FOR DIFFERENT CATEGORIES
OF LICENSED NURSES REGARDING THE ADMINISTRATION OF GENERAL
ANESTHESIA, ANESTHETICS AND SEDATIVES; MAKING CHANGES TO THE
LICENSING PROCESS; EXPANDING THE POWERS AND DUTIES OF THE
BOARD OF NURSING; MODIFYING THE ADMINISTRATION OF CERTAIN
DISCIPLINARY PROCESSES; REQUIRING THE CONFIDENTIALITY OF
COMMUNICATIONS RELATING TO POTENTIAL DISCIPLINARY ACTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-3-3 NMSA 1978 (being Laws 1991,
Chapter 190, Section 2, as amended) is amended to read:
"61-3-3. DEFINITIONS.--As used in the Nursing Practice
Act:
A. "advanced practice" 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 certified clinical nurse
specialists;
B. "advanced practice registered nurse" means a
certified nurse practitioner, certified registered nurse HB 178/a
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anesthetist or certified clinical nurse specialist licensed
pursuant to the Nursing Practice Act;
C. "anesthetics" means a substance that causes the
entire or partial loss of the feeling of pain, temperature or
other sensations, with or without the loss of consciousness,
including topical, local or intravenous anesthetics but
excluding general anesthesia;
D. "artificial intelligence" means a broad
category of existing, emerging and future digital
technologies that involves using algorithms to drive the
behavior of agents such as software programs, machines and
robotics;
E. "board" means the board of nursing;
F. "certified hemodialysis technician" means a
person who is certified by the board to assist in the direct
care of a patient undergoing hemodialysis, under the
supervision and at the direction of a registered nurse or a
licensed practical nurse, according to the rules adopted by
the board;
G. "certified medication aide" means a person who
is certified by the board to administer medications under the
supervision and at the direction of a registered nurse or a
licensed practical nurse, according to the rules adopted by
the board;
H. "certified nurse practitioner" means a HB 178/a
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registered nurse who is licensed by the board for advanced
practice as a certified nurse practitioner and whose name and
pertinent information are entered on the list of certified
nurse practitioners maintained by the board;
I. "certified registered nurse anesthetist" means
a registered nurse who is licensed by the board for advanced
practice as a certified registered nurse anesthetist and
whose name and pertinent information are entered on the list
of certified registered nurse anesthetists maintained by the
board;
J. "certified clinical nurse specialist" means a
registered nurse who is licensed by the board for advanced
practice as a certified clinical nurse specialist and whose
name and pertinent information are entered on the list of
certified clinical nurse specialists maintained by the board;
K. "collaboration" means the cooperative working
relationship with another health care provider in the
provision of patient care, and such collaborative practice
includes the discussion of patient diagnosis and cooperation
in the management and delivery of health care;
L. "general anesthesia" means a drug-induced loss
of consciousness where:
(1) patients are not arousable, even by
painful stimulation;
(2) the ability to maintain an adequate HB 178/a
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airway and respiratory function is affected; and
(3) the cardiovascular function may be
impaired;
M. "licensed practical nurse" means a nurse who
practices licensed practical nursing and whose name and
pertinent information are entered in the register of licensed
practical nurses maintained by the board or a nurse who
practices licensed practical nursing pursuant to a multistate
licensure privilege as provided in the Nurse Licensure
Compact;
N. "licensed practical nursing" means the practice
of a directed scope of nursing requiring basic knowledge of
the biological, physical, social and behavioral sciences and
nursing procedures, which practice is at the direction of a
registered nurse, physician or dentist licensed to practice
in this state. This practice includes but is not limited to:
(1) contributing to the assessment of the
health status of individuals, families and communities;
(2) participating in the development and
modification of the plan of care;
(3) implementing appropriate aspects of the
plan of care commensurate with education and verified
competence;
(4) collaborating with other health care
professionals in the management of health care; and HB 178/a
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(5) participating in the evaluation of
responses to interventions;
O. "Nurse Licensure Compact" means the agreement
entered into between New Mexico and other jurisdictions
permitting the practice of professional registered nursing or
licensed practical nursing pursuant to a multistate licensure
privilege;
P. "nursing diagnosis" means a clinical judgment
about individual, family or community responses to actual or
potential health problems or life processes, which judgment
provides a basis for the selection of nursing interventions
to achieve outcomes for which the person making the judgment
is accountable;
Q. "practice of nursing" means assisting
individuals, families or communities in maintaining or
attaining optimal health, assessing and implementing a plan
of care to accomplish defined goals and evaluating responses
to care and treatment. This practice is based on specialized
knowledge, judgment and nursing skills acquired through
educational preparation in nursing and in the biological,
physical, social and behavioral sciences and includes but is
not limited to:
(1) initiating and maintaining comfort
measures;
(2) promoting and supporting optimal human HB 178/a
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functions and responses;
(3) establishing an environment conducive to
well-being or to the support of a dignified death;
(4) collaborating on the health care
regimen;
(5) administering medications and performing
treatments prescribed by a person authorized in this state or
in any other state in the United States to prescribe them;
(6) recording and reporting nursing
observations, assessments, interventions and responses to
health care;
(7) providing counseling and health
teaching;
(8) delegating and supervising nursing
interventions that may be performed safely by others and are
not in conflict with the Nursing Practice Act; and
(9) maintaining accountability for safe and
effective nursing care;
R. "professional registered nursing" means the
practice of the full scope of nursing requiring substantial
knowledge of the biological, physical, social and behavioral
sciences and of nursing theory and may include advanced
practice pursuant to the Nursing Practice Act. This practice
includes but is not limited to:
(1) assessing the health status of HB 178/a
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individuals, families and communities;
(2) establishing a nursing diagnosis;
(3) establishing goals to meet identified
health care needs;
(4) developing a plan of care;
(5) determining nursing intervention to
implement the plan of care;
(6) implementing the plan of care
commensurate with education and verified competence;
(7) evaluating responses to interventions;
(8) teaching based on the theory and
practice of nursing;
(9) managing and supervising the practice of
nursing;
(10) collaborating with other health care
professionals in the management of health care; and
(11) conducting nursing research;
S. "registered nurse" means a nurse who practices
professional registered nursing and whose name and pertinent
information are entered in the register of licensed
registered nurses maintained by the board or a nurse who
practices professional registered nursing pursuant to a
multistate licensure privilege as provided in the Nurse
Licensure Compact;
T. "scope of practice" means the parameters within HB 178/a
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which nurses practice based upon education, experience,
licensure, certification and expertise;
U. "sedation" means the administration of
medication to produce various levels of calmness, relaxation
or sleep, including:
(1) minimum sedation, during which a patient
responds normally to verbal commands and may have impaired
cognitive function or coordination, and respiratory and
cardiovascular functions remain stable;
(2) moderate sedation, during which a
patient responds purposefully to verbal commands, either
alone or accompanied by light tactile stimulation;
respiratory functions remain stable; and cardiovascular
functions are usually maintained;
(3) deep sedation, during which a patient
cannot be easily aroused but responds purposefully, following
repeated or painful stimulation; respiratory functions may be
impaired, requiring assistance in maintaining the airway,
including intubation and mechanical ventilation; and
cardiovascular functions are usually maintained; or
(4) palliative sedation, an end-of-life
intervention used to provide a patient with relief of
symptoms that cannot be controlled in a tolerable time frame
despite the use of therapies and that are unlikely to be
controlled by further therapies without excessive, HB 178/a
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intolerable, acute or chronic side effects or complications,
but not to intentionally hasten death; and
V. "training program" means an educational program
approved by the board."
SECTION 2. Section 61-3-6 NMSA 1978 (being Laws 1973,
Chapter 149, Section 2, as amended) is amended to read:
"61-3-6. ADMINISTRATION OF ANESTHETICS, SEDATIVES AND
GENERAL ANESTHESIA.--
A. A currently licensed certified registered nurse
anesthetist may administer general anesthesia to any person.
B. A registered nurse currently licensed pursuant
to the Nursing Practice Act may, upon the successful
completion of required training programs, administer
anesthetics, as ordered by a licensed physician or
independent provider or per employing organization protocol,
up to and including moderate sedation to any person."
SECTION 3. Section 61-3-9 NMSA 1978 (being Laws 1968,
Chapter 44, Section 6, as amended) is amended to read:
"61-3-9. BOARD MEETINGS--QUORUM--OFFICERS.--
A. The board shall annually elect a chair, vice
chair and secretary from its entire membership.
B. The board shall meet at least once every three
months. Special meetings may be called by the chair and
shall be called upon the written request of three or more
members of the board. Notification of special meetings shall HB 178/a
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be made by certified mail unless such notice is waived by the
entire board and noted in the minutes. Notice of all regular
meetings shall be made by regular mail at least ten days
prior to the meeting, and copies of the minutes of all
meetings shall be mailed to each board member within thirty
days after any meeting.
C. A majority of the board, including at least one
officer, constitutes a quorum."
SECTION 4. Section 61-3-10 NMSA 1978 (being Laws 1968,
Chapter 44, Section 7, as amended) is amended to read:
"61-3-10. POWERS--DUTIES.--The board:
A. shall promulgate rules in accordance with the
State Rules Act as necessary to enable it to carry into
effect the provisions of the Nursing Practice Act and to
maintain high standards of practice;
B. shall prescribe standards and approve curricula
for educational programs preparing persons for licensure
under the Nursing Practice Act;
C. shall provide for surveys of educational
programs preparing persons for licensure under the Nursing
Practice Act;
D. shall grant, deny or withdraw approval from
educational programs for failure to meet prescribed
standards, if a majority of the board concurs in the
decision; HB 178/a
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E. shall provide for the examination, licensing
and renewal of licenses of applicants;
F. shall conduct hearings upon charges relating to
discipline of a licensee or nurse not licensed to practice in
New Mexico who is permitted to practice professional
registered nursing or licensed practical nursing in New
Mexico pursuant to a multistate licensure privilege as
provided in the Nurse Licensure Compact;
G. shall conduct hearings upon charges related to
an applicant or discipline of a licensee or the denial,
suspension or revocation of a license in accordance with the
procedures of the Uniform Licensing Act;
H. shall cause the prosecution of persons
violating the Nursing Practice Act and have the power to
incur such expense as is necessary for the prosecution;
I. shall keep a record of all proceedings;
J. shall make an annual report to the governor;
K. shall appoint and employ a qualified registered
nurse, who shall not be a member of the board, to serve as
executive officer to the board, and the board shall define
the duties and responsibilities of the executive officer;
except that the power to grant, deny or withdraw approval for
schools of nursing or to revoke, suspend or withhold a
license authorized by the Nursing Practice Act shall not be
delegated by the board; HB 178/a
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L. shall provide for such qualified assistants as
may be necessary to carry out the provisions of the Nursing
Practice Act. Such employees shall be paid a salary
commensurate with their duties;
M. shall, for the purpose of protecting the health
and well-being of residents of New Mexico and promoting
current nursing knowledge and practice, promulgate rules
establishing continuing education requirements as a condition
of license renewal and shall study methods of monitoring
continuing competence;
N. may appoint advisory committees consisting of
at least one member who is a board member and at least two
members who are expert in the pertinent field of health care
to assist it in the performance of its duties. Committee
members may be reimbursed as provided in the Per Diem and
Mileage Act;
O. may promulgate rules designed to maintain an
inactive status listing for registered nurses and licensed
practical nurses, including designating an inactive reserve
category for registered nurses and licensed practical nurses
for activation during an emergency for limited functions at
no cost to the nurse;
P. may promulgate rules to regulate the advanced
practice of professional registered nursing and expanded
practice of licensed practical nursing; HB 178/a
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Q. shall license qualified certified nurse
practitioners, certified registered nurse anesthetists and
certified clinical nurse specialists;
R. shall register nurses not licensed to practice
in New Mexico who are permitted to practice professional
registered nursing or licensed practical nursing in New
Mexico pursuant to a multistate licensure privilege as
provided in the Nurse Licensure Compact;
S. shall promulgate rules establishing standards
for authorizing prescriptive authority to certified nurse
practitioners, certified clinical nurse specialists and
certified registered nurse anesthetists;
T. shall determine by rule the states and
territories of the United States or the District of Columbia
from which it will not accept an applicant for expedited
licensure and shall determine any foreign countries from
which it will accept an applicant for expedited licensure.
The board shall post the lists of unapproved and approved
licensing jurisdictions on the board's website. The list of
disapproved licensing jurisdictions shall include the
specific reasons for disapproval. The lists shall be
reviewed annually to determine if amendments to the rule are
warranted;
U. shall promulgate a rule creating a retired
registered nurse license category without a licensing fee for HB 178/a
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retired registered nurses who can serve on advisory and
policymaking community and nonprofit organization boards;
V. shall ensure that New Mexico nursing data
collected by the board is owned by the board;
W. shall develop and maintain a system that
assists all schools of nursing with the coordination of pre-
licensure clinical placements;
X. shall provide a nurse applying for a first-time
license, or upon renewal of a license, the option for a
single or multistate license, which may incur an additional
fee; and
Y. shall promulgate rules establishing standards
for the use of artificial intelligence in nursing."
SECTION 5. Section 61-3-14 NMSA 1978 (being Laws 1968,
Chapter 44, Section 11, as amended) is amended to read:
"61-3-14. LICENSURE OF REGISTERED NURSES--BY
EXAMINATION--EXPEDITED LICENSURE.--
A. Applicants for licensure by examination shall
be required to pass the national licensing examination for
registered nurses. An applicant who successfully passes the
examination and submits a completed application may be issued
by the board a license to practice as a registered nurse.
B. The board shall issue an expedited license to
practice professional registered nursing without an
examination to an applicant who has been duly licensed in HB 178/a
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another licensing jurisdiction and holds a valid,
unrestricted license and is in good standing with the
licensing board in that licensing jurisdiction. The board
shall expedite the issuance of a license in accordance with
Section 61-1-31.1 NMSA 1978 within thirty days. If the board
issues an expedited license to a person whose prior licensing
jurisdiction did not require examination, the board may
require that person to pass an examination before applying
for license renewal.
C. An applicant licensed under the laws of a
territory or foreign country shall demonstrate proficiency in
English."
SECTION 6. Section 61-3-16 NMSA 1978 (being Laws 1968,
Chapter 44, Section 13, as amended) is amended to read:
"61-3-16. FEES FOR LICENSURE AS A REGISTERED NURSE.--
Except as provided in Section 61-1-34 NMSA 1978, an applicant
for licensure as a registered nurse shall pay the following
nonrefundable fees:
A. for licensure without examination, a fee not to
exceed two hundred dollars ($200);
B. for licensure by examination when the
examination is the first for the applicant in this state, a
fee not to exceed one hundred fifty dollars ($150);
C. for licensure by examination when the
examination is other than the first examination, a fee not to HB 178/a
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exceed sixty dollars ($60.00);
D. for initial licensure as a certified nurse
practitioner, certified registered nurse anesthetist or
certified clinical nurse specialist, a fee not to exceed two
hundred dollars ($200). This fee shall be in addition to the
fee paid for registered nurse licensure; and
E. the board may waive the fee for an initial
license for a registered nurse who has graduated from a New
Mexico public school of nursing."
SECTION 7. Section 61-3-19 NMSA 1978 (being Laws 1968,
Chapter 44, Section 16, as amended) is amended to read:
"61-3-19. LICENSURE OF LICENSED PRACTICAL NURSES--BY
EXAMINATION--BY EXPEDITED LICENSURE.--
A. Applicants for licensure by examination shall
be required to pass the national licensing examination for
licensed practical nurses. An applicant who passes the
examination and submits a completed application may be issued
a license by the board to practice as a licensed practical
nurse.
B. The board shall issue an expedited license as a
licensed practical nurse without an examination to an
applicant who has been duly licensed in another licensing
jurisdiction and holds a valid, unrestricted license and is
in good standing with the licensing board in that licensing
jurisdiction. The board shall expedite the issuance of a HB 178/a
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license in accordance with Section 61-1-31.1 NMSA 1978 within
thirty days. If the board issues an expedited license to a
person whose prior licensing jurisdiction did not require
examination, the board may require that person to pass an
examination before applying for license renewal.
C. An applicant licensed under the laws of a
territory or foreign country shall demonstrate proficiency in
English.
D. The board may waive the fee for an initial
license for an applicant who has graduated from a New Mexico
public school of nursing."
SECTION 8. Section 61-3-23.2 NMSA 1978 (being Laws
1991, Chapter 190, Section 14, as amended) is amended to
read:
"61-3-23.2. CERTIFIED NURSE PRACTITIONER--
QUALIFICATIONS--PRACTICE--EXAMINATION--ENDORSEMENT--EXPEDITED
LICENSURE.--
A. The board may license for advanced practice as
a certified nurse practitioner an applicant who furnishes
evidence satisfactory to the board that the applicant:
(1) is a registered nurse;
(2) has successfully completed a program for
the education and preparation of nurse practitioners;
provided that, if the applicant is initially licensed by the
board or a board in another jurisdiction after January 1, HB 178/a
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2001, the program shall be at the master's level or higher;
(3) has successfully completed the national
certifying examination in the applicant's specialty area; and
(4) is certified by a national nursing
organization.
B. Certified nurse practitioners may:
(1) perform an advanced practice that is
beyond the scope of practice of professional registered
nursing;
(2) practice independently and make
decisions regarding health care needs of the individual,
family or community and carry out health regimens, including
the prescription and distribution of dangerous drugs and
controlled substances included in Schedules II through V of
the Controlled Substances Act; and
(3) serve as a primary, acute, chronic,
long-term and end-of-life health care provider and, as
necessary, collaborate with licensed medical doctors,
osteopathic physicians or podiatric physicians.
C. Certified nurse practitioners who have
fulfilled requirements for prescriptive authority may
prescribe in accordance with rules promulgated by the board.
D. Certified nurse practitioners who have
fulfilled requirements for prescriptive authority may
distribute to their patients dangerous drugs and controlled HB 178/a
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substances included in Schedules II through V of the
Controlled Substances Act that have been prepared, packaged
or fabricated by a registered pharmacist or doses of drugs
that have been prepackaged by a pharmaceutical manufacturer
in accordance with the Pharmacy Act and the New Mexico Drug,
Device and Cosmetic Act.
E. Certified nurse practitioners licensed by the
board on and after December 2, 1985 shall successfully
complete a national certifying examination and shall maintain
national professional certification in their specialty area.
Certified nurse practitioners licensed by a board prior to
December 2, 1985 are not required to sit for a national
certification examination or be certified by a national
organization.
F. The board shall issue an expedited license to
an applicant without an examination if the person has been
duly licensed as a certified nurse practitioner in another
licensing jurisdiction and is in good standing with the
licensing board in that licensing jurisdiction. The board
shall expedite the issuance of the license in accordance with
Section 61-1-31.1 NMSA 1978 within thirty days. If the board
issues an expedited license to a person whose prior licensing
jurisdiction did not require examination, the board may
require that person to pass an examination before applying
for license renewal. An applicant licensed under the laws of HB 178/a
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a territory or foreign country shall demonstrate proficiency
in English."
SECTION 9. Section 61-3-23.4 NMSA 1978 (being Laws
1991, Chapter 190, Section 16, as amended) is amended to
read:
"61-3-23.4. CERTIFIED CLINICAL NURSE SPECIALIST--
QUALIFICATIONS--ENDORSEMENT--EXPEDITED LICENSURE.--
A. The board may license for advanced practice as
a certified clinical nurse specialist an applicant who
furnishes evidence satisfactory to the board that the
applicant:
(1) is a registered nurse;
(2) has a master's degree or doctoral degree
in a defined clinical nursing specialty;
(3) has successfully completed a national
certifying examination in the applicant's area of specialty;
and
(4) is certified by a national nursing
organization.
B. Certified clinical nurse specialists may:
(1) perform an advanced practice that is
beyond the scope of practice of professional registered
nursing;
(2) make independent decisions in a
specialized area of nursing practice using expert knowledge HB 178/a
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regarding the health care needs of the individual, family and
community, collaborating as necessary with other members of
the health care team when the health care need is beyond the
scope of practice of the certified clinical nurse specialist;
and
(3) carry out therapeutic regimens in the
area of specialty practice, including the prescription and
distribution of dangerous drugs.
C. A certified clinical nurse specialist who has
fulfilled the requirements for prescriptive authority in the
area of specialty practice is authorized to prescribe,
administer and distribute therapeutic measures, including
dangerous drugs and controlled substances included in
Schedules II through V of the Controlled Substances Act
within the scope of specialty practice, including controlled
substances pursuant to the Controlled Substances Act that
have been prepared, packaged or fabricated by a registered
pharmacist or doses of drugs that have been prepackaged by a
pharmaceutical manufacturer in accordance with the Pharmacy
Act and the New Mexico Drug, Device and Cosmetic Act.
D. Certified clinical nurse specialists who have
fulfilled the requirements for prescriptive authority in the
area of specialty practice may prescribe in accordance with
rules promulgated by the board.
E. Certified clinical nurse specialists licensed HB 178/a
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by the board shall maintain certification in their specialty
area.
F. The board shall issue an expedited license to
an applicant without an examination if the person has been
duly licensed as a certified clinical nurse specialist in
another licensing jurisdiction and is in good standing with
the licensing board in that licensing jurisdiction. The
board shall expedite the issuance of the license in
accordance with Section 61-1-31.1 NMSA 1978 within thirty
days. If the board issues an expedited license to a person
whose prior licensing jurisdiction did not require
examination, the board may require that person to pass an
examination before applying for license renewal. An
applicant licensed under the laws of a territory or foreign
country shall demonstrate proficiency in English."
SECTION 10. Section 61-3-24 NMSA 1978 (being Laws 1968,
Chapter 44, Section 20, as amended) is amended to read:
"61-3-24. RENEWAL OF LICENSES.--
A. Any person licensed pursuant to the provisions
of the Nursing Practice Act who intends to continue practice
shall renew the license every two years by the end of the
applicant's renewal month and shall show proof of continuing
education as required by the board, except when on active
military duty during a military action.
B. Upon receipt of the application and, except as HB 178/a
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provided in Section 61-1-34 NMSA 1978, a fee, in an amount
not to exceed one hundred fifty dollars ($150), a license
valid for two years shall be issued. Upon initial licensure,
or upon renewal, a licensee may apply for a multistate
license for an additional fee not to exceed fifty dollars
($50.00).
C. Upon receipt of the application and any
required fee, the board shall verify the licensee's
eligibility for continued licensure and issue to the
applicant a renewal license for two years.
D. A person who allows a license to lapse shall be
reinstated by the board on payment of any required fee for
the current two years plus a reinstatement fee not to exceed
two hundred dollars ($200); provided that all other
requirements are met."
SECTION 11. Section 61-3-28 NMSA 1978 (being Laws 1968,
Chapter 44, Section 24, as amended) is amended to read:
"61-3-28. DISCIPLINARY PROCEEDINGS--JUDICIAL REVIEW--
APPLICATION OF UNIFORM LICENSING ACT--LIMITATION.--
A. In accordance with the procedures contained in
the Uniform Licensing Act, the board may deny, revoke or
suspend any license held or applied for under the Nursing
Practice Act, reprimand or place a licensee on probation or
deny, limit or revoke the multistate licensure privilege of a
nurse desiring to practice or practicing professional HB 178/a
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registered nursing or licensed practical nursing as provided
in the Nurse Licensure Compact upon grounds that the
licensee, applicant or nurse:
(1) is guilty of fraud or deceit in
procuring or attempting to procure a license or certificate
of registration;
(2) is convicted of a felony;
(3) is unfit or incompetent;
(4) is addicted to the use of habit-forming
substances;
(5) is mentally incompetent;
(6) is guilty of unprofessional conduct as
defined by the rules adopted by the board pursuant to the
Nursing Practice Act;
(7) has willfully or repeatedly violated any
provisions of the Nursing Practice Act, including any rule
adopted by the board pursuant to that act;
(8) was licensed to practice nursing in any
jurisdiction, territory or possession of the United States or
another country and was the subject of disciplinary action as
a licensee for acts similar to acts described in this
subsection. A certified copy of the record of the
jurisdiction, territory or possession of the United States or
another country taking the disciplinary action is conclusive
evidence of the action; or HB 178/a
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(9) uses conversion therapy on a minor.
B. Disciplinary proceedings may be instituted by
any person, shall be by complaint and shall conform with the
provisions of the Uniform Licensing Act. Any party to the
hearing may obtain a copy of the hearing record upon payment
of costs for the copy.
C. The board shall not initiate a disciplinary
action more than two years after the date that it receives a
complaint.
D. The time limitation contained in Subsection C
of this section shall not be tolled by any civil or criminal
litigation in which the licensee or applicant is a party,
arising substantially from the same facts, conduct,
transactions or occurrences that would be the basis for the
board's disciplinary action.
E. The board may recover the costs associated with
the investigation and disposition of a disciplinary
proceeding from the nurse who is the subject of the
proceeding if the nurse is practicing professional registered
nursing or licensed practical nursing pursuant to a
multistate licensure privilege as provided in the Nurse
Licensure Compact.
F. As used in this section:
(1) "conversion therapy" means any practice
or treatment that seeks to change a person's sexual HB 178/a
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orientation or gender identity, including any effort to
change behaviors or gender expressions or to eliminate or
reduce sexual or romantic attractions or feelings toward
persons of the same sex. "Conversion therapy" does not mean:
(a) counseling or mental health
services that provide acceptance, support and understanding
of a person without seeking to change gender identity or
sexual orientation; or
(b) mental health services that
facilitate a person's coping, social support, sexual
orientation or gender identity exploration and development,
including an intervention to prevent or address unlawful
conduct or unsafe sexual practices, without seeking to change
gender identity or sexual orientation;
(2) "gender identity" means a person's self-
perception, based on the person's appearance, behavior or
physical characteristics, that the person exhibits more
masculinity or femininity whether or not it matches the
person's gender or sex assigned at birth;
(3) "minor" means a person under eighteen
years of age; and
(4) "sexual orientation" means a person's
physical, romantic or emotional attraction to persons of the
same or different gender or the absence of any such
attraction." HB 178/a
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SECTION 12. Section 61-3-29.1 NMSA 1978 (being Laws
1987, Chapter 285, Section 1, as amended) is amended to read:
"61-3-29.1. ALTERNATIVE TO DISCIPLINE PROGRAM
CREATED--ADVISORY COMMITTEE--RENEWAL FEE--REQUIREMENTS--
IMMUNITY FROM CIVIL ACTIONS.--
A. The board shall establish an alternative to
discipline program to rehabilitate nurses whose competencies
may be impaired because of the use of habit-forming
substances so that nurses can be treated and returned to or
continue the practice of nursing in a manner that will
benefit the public. The intent of the alternative to
discipline program is to develop a voluntary alternative to
traditional disciplinary actions and an alternative to
lengthy and costly investigations and administrative
proceedings against such nurses, at the same time providing
adequate safeguards for the public.
B. The board shall appoint one or more evaluation
committees, hereinafter called "regional advisory
committees", each of which shall be composed of members with
expertise in chemical dependency. At least one member shall
be a registered nurse. No current member of the board shall
be appointed to a regional advisory committee. The executive
officer of the board or the executive officer's designee
shall be the liaison between each regional advisory committee
and the board. HB 178/a
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C. Each regional advisory committee shall function
under the direction of the board and in accordance with rules
of the board. The rules shall include directions to a
regional advisory committee to:
(1) establish criteria for continuance in
the program;
(2) develop a written alternative to
discipline program contract to be approved by the board that
sets forth the requirements that shall be met by the nurse
and the conditions under which the alternative to discipline
program may be successfully completed or terminated;
(3) recommend to the board in favor of or
against each nurse's discharge from the alternative to
discipline program;
(4) evaluate each nurse's progress in
recovery and compliance with the nurse's alternative to
discipline program contract;
(5) report violations to the board;
(6) submit an annual report to the board;
and
(7) coordinate educational programs and
research related to nurses addicted to the use of habit-
forming substances.
D. The board may increase the renewal fee for each
nurse in the state not to exceed twenty dollars ($20.00) for HB 178/a
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the purpose of implementing and maintaining the alternative
to discipline program.
E. Files of nurses in the alternative to
discipline program shall be maintained in the board office
and shall be confidential except as required to be disclosed
pursuant to the Nurse Licensure Compact, when used to make a
report to the board concerning a nurse who is not cooperating
and complying with the alternative to discipline program
contract or, with written consent of a nurse, when used for
research purposes as long as the nurse is not specifically
identified. However, the files shall be subject to discovery
or subpoena. The confidential provisions of this subsection
are of no effect if the nurse admitted to the alternative to
discipline program leaves the state prior to the completion
of the program.
F. A person making a report to the board or to a
regional advisory committee regarding a nurse suspected of
practicing nursing while addicted to the use of habit-forming
substances or making a report of a nurse's progress or lack
of progress in rehabilitation shall be immune from civil
action for defamation or other cause of action resulting from
such reports if the reports are made in good faith and with
some reasonable basis in fact.
G. A person admitted to the alternative to
discipline program for chemically dependent nurses who fails HB 178/a
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to comply with the provisions of this section or with the
rules adopted by the board pursuant to this section or with
the written alternative to discipline program contract or with
any amendments to the written alternative to discipline
program contract may be subject to disciplinary action in
accordance with Section 61-3-28 NMSA 1978."