46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO HEALTH; AUTHORIZING IMPLEMENTATION OF A PILOT PROGRAM TO TRAIN AND CERTIFY SCHOOL MEDICATION AIDES TO ASSIST PUBLIC SCHOOL STUDENTS WITH MEDICATIONS; AMENDING THE NURSING PRACTICE ACT; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

Section 1. Section 61-3-1 NMSA 1978 (being Laws 1968, Chapter 44, Section 1) is amended to read:

"61-3-1. SHORT TITLE.--[Sections 67-2-1 through 67-2-26 New Mexico Statutes Annotated, 1953 Compilation] Chapter 61, Article 3 NMSA 1978 may be cited as the "Nursing Practice Act"."

Section 2. A new section of the Nursing Practice Act is enacted to read:

"[NEW MATERIAL] SCHOOL MEDICATION AIDES TRAINING--PILOT PROGRAM.--

A. The board shall adopt rules to establish a school medication aides training pilot program to educate and certify persons to administer prescription drugs and other medications to public school students during school hours. The program shall be established in five regions of the state and include a maximum of thirty school medication aide trainees each year.

B. The board shall adopt, pursuant to Section 61-3-10 NMSA 1978, educational standards and certification requirements to certify school medication aides to administer prescription drugs and other medications.

C. The board shall appoint a school medication aides advisory committee to be chaired by a representative of the board and include representatives from the nursing programs of the university of New Mexico and New Mexico state university, the state department of public education, a statewide association of nurses and a statewide association of school nurses. The advisory committee shall develop and recommend educational requirements and, in conjunction with both the board and the state department of public education, the procedures necessary for school medication aides to safely administer prescription drugs and other medications to public school students.

D. A school medication aide trainee may not administer prescription drugs and other medications to public school students except under the immediate supervision of a licensed registered nurse who is licensed by the state department of public education. A certified school medication aide may not administer prescription drugs and other medications to public school students in a school that had, in the year immediately preceding, the services of a licensed registered nurse licensed by the state department of public education.

E. For purposes of this section, "school medication aide" means a person training or certified to administer prescription drugs and other medications to public school students under supervision of a licensed registered nurse who is licensed by the state department of public education."

Section 3. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund to the board of nursing for expenditure in fiscal years 2003 and 2004 for the purpose of establishing a school medication aides training pilot program of thirty school medication aide trainees in public schools in five regions of the state. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.

Section 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.