New Mexico Register / Volume XXXVI,
Issue 17 / September 9, 2025
NOTICE OF PROPOSED
RULEMAKING
The New Mexico Board of Nursing (hereinafter the
“Board”) will hold a public rule hearing on Monday, September 29, 2025, at 9:00
a.m. The rule hearing will be held in
person at the NM Board of Nursing, 6301 Indian School Road NE, Suite 71, Albuquerque,
NM 87110. A Board staff member will be available at 6301
Indian School Rd, NE, Suite 710, Albuquerque, NM 87110, to accept comments in
written form for submission and consideration through Friday, September 26, 2025,
at close of business at 5pm.
To attend the hearing:
Please attend the meeting at NM Board of Nursing, 6301
Indian School Road NE, Suite 710, Albuquerque, NM 87110.
The purpose of the rule hearing is to consider
proposals to amend/repeal/replace 16.12.1 NMAC (“General Provisions”), 16.12.2
NMAC (“Nurse Licensure”), 16.12.3 NMAC (“Nursing Education Programs”), 16.12.4
NMAC (“Hemodialysis Technicians”), 16.12.9 NMAC (“Management of Chronic Pain
with Controlled Substances”), 16.12.10 NMAC (“Health Care records”), 16.12.12
NMAC (“Discipline and Application Denials”) and 16.12.13 NMAC (“Alternative to
Discipline”). The rules hearing will
also consider new part name(s) and new rules 16.12.15 NMAC (“Licensed Practical
Nurse (LPN) Licensure”), 16.12.16 (“Registered Nurse (RN) Licensure”), and
16.12.17 (“Advanced practice Registered Nurse (APRN) Licensure”).
Persons desiring to view the proposed rules may
download them from https://www.bon.nm.gov.
If you do not have internet access, a copy of the proposed rules may be
requested by contacting NMBON at (505) 841-9083.
The Board is currently accepting public comments on
the proposed amendments. Please submit
written comments on the proposed changes via email to sheena.ferguson@bon.nm.gov. Alternatively, members of the public may
submit written comments by sending an original, signed copy to:
New Mexico Board of Nursing
ATTN: NMBON Public Comments
6301 Indian School Rd. NE, Suite 710
Albuquerque, NM 87110
The Board will accept written public comment received
at or before 5:00 PM on Friday, September 26, 2025, at close of business at
5:00pm. All written comments will be
posted to the Board’s website within three business days following receipt to
allow for public viewing.
The board will preside over the hearing. The board will hear public comments, review
written public comments, and any exhibits admitted during the hearing.
If you are a person with a disability and you require
this information in an alternative format or require special accommodations to
participate in the public hearing, please contact the NMBON at (505)
841-9083. The NMBON requests at least
ten (10) days advance notice to provide requested alternative formats and
special accommodations.
Statutory Authority: Subsection A of Section 61-3-10
NMSA 1978 of the Nursing Practice Act, Sections 61-3-1 to -30 NMSA 1978,
specifically authorizes the Board to “promulgate rules in accordance with the
State Rules Act (Chapter 14, Article 4 NMSA 1078) as necessary to enable it to
carry into effect the provisions of the Nursing Practice Act and to maintain
high standards of practice.” In
addition, Section 61-1-31.1 NMSA 1978 of the Uniform Licensing Act, requires
the Board to “determine those states and territories of the United States and
District of Columbia from which the board will not accept an applicant for
expediated licensure and those foreign countries from which the board will
accept an applicant for expedited licensure. The list of disapproved licensing
jurisdictions shall be posted on the board’s website. The list of disapproved licensing
jurisdictions shall include the specific reasons for disapproval.”
Purpose of the proposed rules: The proposed
rules are intended to provide greater clarity in existing regulatory and
statutory requirements, ensure continued high levels of professionalism among
licensees and certificate holders, and to generally satisfy the Board’s
statutory obligation to “promote, preserve and protect the public health,
safety and welfare.” Section 1 of
section 61-3-2 NMSA 1978.
Summary of Proposed Changes: The Board
summarizes its proposed changes to its administrative rules as follows:
16.12.1 NMAC - General Provisions
The proposed changes to Part 1 of the Board’s current
rules consist of amending existing language to include new definitions applicable
to all the Board’s rules to include artificial intelligence, advanced practice,
dependent and independent practice, direct supervision, encumbered, and health
care workforce data collection.
16.12.2 NMAC - Nurse Licensure
The proposed changes to Part 2 include repealing part
2 and replacing it with Parts, 15 for Licensed practical Nurses, Part 16 for
Registered Nurses, and Part 17 for Advanced Practice Registered Nurses.
16.12.3 NMAC - Nursing Education Programs
The proposed changes to Part 3 of the Board’s current
rules are to amend the existing language. The amended Part 3 proposed to add the definition
of artificial intelligence, requirements for establishment of new nursing
programs, new requirements for the clinical site data submission, new
requirements for the use of artificial intelligence in nursing curriculum,
minimum faculty requirements, and program complaints.
16.12.4 NMAC - Hemodialysis Technicians
The proposed changes to Part 4 of the Board’s rules
consist of amending existing language. The
amended part 4 rules make corrections to the new title of CHT-NC to encompass
previous designations of CHT I and CHT II.
16.12.9 NMAC - Management of Chronic Pain with
Controlled Substances
The proposed changes to Part 9 of the Board’s rules
consist of amending existing language for consistency with the Pain Relief Act,
Sections 24-2D-1 through 24-2D-7 NMSA 1978. Clarification was added for Certified Clinical
Nurse Specialists to align with APRN designations, and to update verbiage for
medical records to reflect current terminology of health care records.
16.12.10 NMAC - Health Care Records
The proposed changes to Part 10 of the Board’s rules
consist of repeal and replacing existing language to update verbiage for
medical records to reflect current terminology of healthcare record throughout
the document, provided clarification for Release of Health Care Records, added
clarification related to closing, selling or leaving a practice, as well as
retention of health care records.
16.12.12 NMAC - Discipline and Application Denials
The proposed changes to Part 12 of the Board’s rules
consist of amending existing language to update verbiage for definitions,
medical records to reflect current terminology of healthcare record throughout
the document, amended to include verbiage for social media, provided
clarification.
16.12.13 NMAC - Alternative to Discipline
The proposed changes to Part 13 of the Board’s rules
consist of repealing/replacing existing language to update the name throughout
the document, verbiage for medical records to reflect current terminology of
health care records throughout the document, amended verbiage for practice
restrictions, monitoring, and discharge from the ATD program.
16.12.15 NMAC – Licensed
Practical Nurse (LPN) Licensure
The proposed
new Part 15 of the Board’s rules for licensure and scope of practice for
Licensed Practical Nurses (LPN) to include a new Reserve licensed practical
Nurse category, a multistate licensure fee, clarification of Scope of practice,
and artificial intelligence.
16.12.16 NMAC – Registered Nurse (RN) Licensure
The proposed new Part 16 of the Board’s rules for
licensure and scope of practice for Registered Nurses (RN) to
include a new Reserve Registered Nurse category, a multistate licensure
fee, clarification of Scope of practice, and artificial intelligence.
16.12.17 NMAC - Advanced Practice Registered Nurse (APRN)
Licensure
The proposed new Part 17 of the Board’s rules for
licensure and scope of practice for Advanced Practice Registered Nurses (APRN)
to include a new Reserve Registered Nurse category, a multistate licensure fee,
clarification of Scope of practice, and artificial intelligence.
Technical Information: No technical information provided the basis for
either of the proposed rules.