New Mexico Register / Volume XXXVII,
Issue 6 / March 24, 2026
NOTICE OF PROPOSED
RULEMAKING
The New Mexico Board of Nursing (hereinafter the
“Board”) will hold a public rule hearing on Tuesday, April 28, 2026, at 9:00
a.m. The rule hearing will be held in
person at the New Mexico Board of Nursing, 6301 Indian School Road NE, Suite
710, Albuquerque, NM 87110. A Board
staff member will be available at the same location to accept written comments
for submission and consideration through Friday, April 24, 2026, at the close
of business (5:00 p.m.).
To attend the hearing:
Please attend the meeting at the New Mexico Board of
Nursing, 6301 Indian School Road NE, Suite 710, Albuquerque, NM 87110.
The purpose of the rule hearing is to consider
proposals to repeal and replace 16.12.5 NMAC (“Medication Aides”) and amend
16.12.13 NMAC (“Alternative to Discipline”).
Persons wishing 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 the NM BON at (505)
841-9083.
The Board is currently accepting public comments on
the proposed amendments. Written
comments may be submitted 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 comments received
on or before 5:00 p.m. on Friday, April 24, 2026. 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 comments, and consider any exhibits admitted during the hearing.
If you are a person with a disability and require this
information in an alternative format or need special accommodations to
participate in the public hearing, please contact the NMBON at (505) 841-9083. The NM BON 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:
16.12.5 NMAC - Medication Aides:
The proposed amendments to 16.12.5 NMAC (Medication
Aides) are intended to enhance administrative clarity, operational consistency,
and alignment with national standards. The
revisions include streamlining the site visit process, updating role titles to
reflect current national terminology, and establishing clearly defined
responsibilities for program directors, nurse educators, and facility
oversight. Additionally, the amendments
delineate the clinical functions of certified medication aides across outpatient
and acute care settings to ensure uniform application and regulatory
compliance.
16.12.13 NMAC - Alternative to Discipline:
The proposed changes to 16.12.13 NMAC (Alternative to
Discipline) include correcting the spelling of “discipline” throughout Part 13,
updating language in the section on monitoring participants by replacing terms
such as “assure” with “ensure,” revising drug‑screen requirements so they
follow program‑approved policy rather than board guidelines, modifying
wording such as changing “observed” to “conducted,” and ensuring consistent
grammatical accuracy throughout the document.
Technical Information: No technical
information provided the basis for either of the proposed rules.