SENATE BILL 119

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Cynthia Nava

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO NURSING; AMENDING THE NURSING PRACTICE ACT TO UNIFY THE SEVERAL MEDICATION AIDES PROGRAMS; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 61-3-10.2 NMSA 1978 (being Laws 1991, Chapter 209, Section 1, as amended) is amended to read:

     "61-3-10.2. MEDICATION AIDES.--

          A. [This section shall permit the operation of] A statewide program for certification of medication aides and medication aide training programs [in licensed intermediate care facilities for the mentally retarded. The purpose of the program is to effectuate a cost-containment and efficient program for the administration of the medicaid program. It is the intention of the legislature that costs of continuing the program shall be provided through appropriate agreements between the board and licensed intermediate care facilities for the mentally retarded] is created under the board of nursing.

          B. For the purposes of this section, "certified medication aide" means a person who, under the supervision of a licensed nurse [in a licensed intermediate care facility for the mentally retarded] is permitted to administer [oral] medications according to the standards adopted by the board.

          C. Unless certified as a certified medication aide under the Nursing Practice Act, no person shall:

                (1) practice as a certified medication aide; or

                (2) use the titles "certified medication aide" or "medication aide" or any other title, abbreviation, letters, figures, signs or devices to indicate or imply that the person is a certified medication aide.

          D. The board shall:

                (1) maintain a permanent register of all persons [to whom certification] certified to practice as a certified medication aide [is provided];

                (2) adopt rules [and regulations that set reasonable requirements] for certified medication aide [educational or training programs] education and certification, [that protect the health and well-being of the mentally retarded while facilitating low-cost access to medication services] including standards and curricula;

                (3) [withdraw approval from a medication aide training program or participant program for failure to maintain a current contract with the board or for failure to pay the administrative fee as provided in the contract;

                (4)] adopt rules [and regulations] governing the supervision of certified medication aides by licensed nurses, [which shall include, but not be limited to] including standards [for medication aides] and performance evaluations of certified medication aides; [and

                (5)] (4) conduct disciplinary hearings [upon charges relating to discipline] of [a] certified medication [aide] aides or on the denial, suspension or revocation of a certified medication aide certificate in accordance with the Uniform Licensing Act; and

                (5) grant approval to a certified medication aide training program that meets all requirements set by the board and deny or withdraw approval from programs that fail to meet prescribed standards or fail to maintain a current contract with the board.

          E. Every applicant for certification as a certified medication aide shall pay the required application fee, submit written evidence of having completed a board-approved program for the certification of certified medication aides and successfully complete a board-approved examination. The board shall issue a certificate to any person who fulfills the requirements for certification.

          [F. The board shall issue a certificate enabling a person to function as a medication aide to any person who fulfills the requirements for medication aides set by law.

          G.] F. Every certificate issued by the board to practice as a certified medication aide shall be renewed every two years [by the last day of the medication aide's birth month and upon payment of the required fee]. The certified medication aide seeking renewal shall submit proof of employment as a certified medication aide and proof of having met any continuing education requirements adopted by the board.

          [H. Applicants for certification or renewal of certification as certified medication aides shall pay the following]

          G. The board shall set the following nonrefundable fees:

                (1) [for] initial certification by examination, [or certification after a failure to renew timely an initial certification, the fee shall be set by the board] not to exceed [thirty dollars ($30.00)] sixty dollars ($60.00); [and]

                (2) [for] renewal of certification, [the fee shall be set by the board] not to exceed [thirty dollars ($30.00)] sixty dollars ($60.00);

                (3) reactivation of a lapsed certificate after failure to renew a certificate or following board action, not to exceed sixty dollars ($60.00);

                (4) initial review and approval of a training program not to exceed three hundred dollars ($300);

                (5) subsequent review and approval of a training program that has changed, not to exceed two hundred dollars ($200);

                (6) subsequent review and approval of a training program when a change has been required by a change in board policy or rules, not to exceed fifty dollars ($50.00); and

                (7) periodic evaluation of a training program, not to exceed two hundred dollars ($200).

          [I. The board shall:

                (1) prescribe standards and approve curricula for educational or training programs preparing persons as medication aides;

                (2) set a reasonable fee for the review and approval of educational or training programs for certification as certified medication aides not to exceed three hundred dollars ($300) for each initial review and approval or one hundred dollars ($100) for each subsequent review and approval in case of change or modification in a training program;

                (3) provide for periodic evaluation at intervals of no less than two years of educational or training programs preparing persons for certification as certified medication aides, including setting a reasonable fee for each periodic evaluation, which shall not exceed one hundred fifty dollars ($150); and

                (4) grant, deny or withdraw approval from medication aide programs for failure to meet prescribed standards; provided that, in the event of a denial or withdrawal of approval, none of the fees provided for in this section shall be refundable.]"

     Section 2. Section 61-3-29 NMSA 1978 (being Laws 1968, Chapter 44, Section 25, as amended) is amended to read:

     "61-3-29. EXCEPTIONS.--The Nursing Practice Act shall not apply to or affect:

          A. gratuitous nursing by friends or members of the family;

          B. nursing assistance in case of emergencies;

          C. nursing by students when enrolled in approved schools of nursing or approved courses for the education of professional or practical nurses when such nursing is part of the educational program;

          D. nursing in this state by a legally licensed nurse of another state whose employment requires the nurse to transport a patient or who is a camp nurse who accompanies and cares for a patient temporarily residing in this state if the nurse's practice in this state does not exceed three months and the nurse does not claim to be licensed in this state;

          E. nursing in this state by any person who is employed by the United States government or any bureau, division or agency thereof, while in the discharge of [his] the person's official duties;

          F. the practice of midwifery by any person other than a registered nurse who is certified or licensed in this state to practice midwifery;

          G. any person working as a home health aide, unless performing acts defined as professional nursing or practical nursing pursuant to the Nursing Practice Act;

          H. any nursing aide or orderly, unless performing acts defined as professional nursing or practical nursing pursuant to the Nursing Practice Act;

          I. any registered nurse holding a current license in another jurisdiction who is enrolled in any professional course requiring nursing practice as a part of the educational program; or

          J. performance by a personal care provider in a noninstitutional setting of bowel and bladder assistance for an individual whom a health care provider certifies is stable, not currently in need of medical care and able to communicate and assess [his] the individual's own needs [or

          K. medication aides working in licensed intermediate care facilities for the mentally retarded or serving persons who are participating in the developmentally disabled medicaid waiver program and who have completed a board-approved medication aide training program and who are certified by the board to administer routine oral medications, which may be expanded to include all medications except subcutaneous, intramuscular and intravenous injections, unless the medication aide is performing acts defined as professional or practical nursing under the Nursing Practice Act]."

     Section 3. REPEAL.--Sections 61-3-10.3 and 61-3-10.4 NMSA 1978 (being Laws 1995, Chapter 117, Section 1 and Laws 2003, Chapter 282, Section 2, as amended) are repealed.

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