0001| HOUSE BILL 939 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| DANICE PICRAUX | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PROFESSIONAL LICENSING; AMENDING SECTIONS OF THE | 0012| NMSA 1978 TO INCLUDE CLINICAL NURSE SPECIALISTS IN THE ADVANCED | 0013| PRACTICE NURSING AUTHORIZATION OF PHARMACEUTICAL PRESCRIPTIONS, | 0014| TO DEFINE THE PRACTICE OF NURSING, TO CHANGE CERTIFICATION | 0015| PROCEDURES, TO EXTEND THE DEADLINE FOR REPORTING ON THE | 0016| MEDICATION AIDE TRIAL PROGRAM, TO CHANGE THE LANGUAGE FOR | 0017| LICENSURE AS A REGISTERED NURSE, TO PROVIDE FOR REGIONAL | 0018| ADVISORY COMMITTEES AND DIVERSION PROGRAM CONTRACTS, TO CHANGE | 0019| REQUIREMENTS FOR A PUBLIC MEMBER ON THE BOARD OF NURSING AND TO | 0020| EXTEND THE NURSING PRACTICE ACT. | 0021| | 0022| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0023| Section 1. Section 26-1-2 NMSA 1978 (being Laws 1967, | 0024| Chapter 23, Section 2, as amended) is amended to read: | 0025| "26-1-2. DEFINITIONS.--As used in the New Mexico Drug, | 0001| Device and Cosmetic Act: | 0002| A. "board" means the board of pharmacy or its duly | 0003| authorized agent; | 0004| B. "person" includes individual, partnership, | 0005| corporation, association, institution or establishment; | 0006| C. "biological product" means any virus, | 0007| therapeutic serum, toxin, antitoxin or analogous product | 0008| applicable to the prevention, treatment or cure of diseases or | 0009| injuries of man and domestic animals, and, as used within the | 0010| meaning of this definition: | 0011| (1) a "virus" is interpreted to be a product | 0012| containing the minute living cause of an infectious disease and | 0013| includes but is not limited to filterable viruses, bacteria, | 0014| rickettsia, fungi and protozoa; | 0015| (2) a "therapeutic serum" is a product | 0016| obtained from blood by removing the clot or clot components and | 0017| the blood cells; | 0018| (3) a "toxin" is a product containing a | 0019| soluble substance poisonous to laboratory animals or man in | 0020| doses of one milliliter or less of the product and having the | 0021| property, following the injection of nonfatal doses into an | 0022| animal, or causing to be produced therein another soluble | 0023| substance ~~[which]~~ that specifically neutralizes the | 0024| poisonous substance and ~~[which]~~ that is demonstrable in the | 0025| serum of the animal thus immunized; and | 0001| (4) an "antitoxin" is a product containing the | 0002| soluble substance in serum or other body fluid of an immunized | 0003| animal ~~[which]~~ that specifically neutralizes the toxin | 0004| against which the animal is immune; | 0005| D. "controlled substance" means any drug, substance | 0006| or immediate precursor enumerated in Schedules I through V of | 0007| the Controlled Substances Act; | 0008| E. "drug" means: | 0009| (1) articles recognized in an official | 0010| compendium; | 0011| (2) articles intended for use in the | 0012| diagnosis, cure, mitigation, treatment or prevention of disease | 0013| in man or other animals and includes the domestic animal | 0014| biological products regulated under the federal Virus-Serum- | 0015| Toxin Act, 37 Stat 832-833, 21 U.S.C. 151-158 and the | 0016| biological products applicable to man regulated under Federal | 0017| 58 Stat 690, as amended, 42 U.S.C. 216, Section 351, and 58 | 0018| Stat 702, as amended, 42 U.S.C. 262; | 0019| (3) articles other than food ~~[which]~~ that | 0020| affect the structure or any function of the body of man or | 0021| other animals; and | 0022| (4) articles intended for use as a component | 0023| of Paragraph (1), (2) or (3) of this subsection, but does not | 0024| include devices or their component parts or accessories; | 0025| F. "dangerous drug" means a drug, other than a | 0001| controlled substance enumerated in Schedule I of the Controlled | 0002| Substances Act, ~~[which]~~ that because of any potentiality | 0003| for harmful effect or the method of its use or the collateral | 0004| measures necessary to its use is not safe except under the | 0005| supervision of a practitioner licensed by law to direct the use | 0006| of such drug and hence for which adequate directions for use | 0007| cannot be prepared. "Adequate directions for use" means | 0008| directions under which the layman can use a drug or device | 0009| safely and for the purposes for which it is intended. A drug | 0010| shall be dispensed only upon the prescription of a practitioner | 0011| licensed by law to administer or prescribe such drug if it: | 0012| (1) is a habit-forming drug and contains any | 0013| quantity of a narcotic or hypnotic substance, or any chemical | 0014| derivative of such substance, ~~[which]~~ that has been found | 0015| under the federal act and the board to be habit-forming; | 0016| (2) because of its toxicity or other | 0017| potentiality for harmful effect or the method of its use or the | 0018| collateral measures necessary to its use is not safe for use | 0019| except under the supervision of a practitioner licensed by law | 0020| to administer or prescribe such drug; | 0021| (3) is limited by an approved application by | 0022| Section 505 of the federal act to the use under the | 0023| professional supervision of a practitioner licensed by law to | 0024| administer or prescribe such drug; | 0025| (4) bears the legend: "Caution: federal law | 0001| prohibits dispensing without prescription."; or | 0002| (5) bears the legend: "Caution: federal law | 0003| restricts this drug to use by or on the order of a licensed | 0004| veterinarian."; | 0005| G. "counterfeit drug" means a drug other than a | 0006| controlled substance which, or the container or labeling of | 0007| which, without authorization, bears the trademark, trade name | 0008| or other identifying mark, imprint or device, or any likeness, | 0009| of a drug manufacturer, processor, packer or distributor other | 0010| than the person who in fact manufactured, processed, packed or | 0011| distributed such drug and ~~[which]~~ that falsely purports or | 0012| is represented to be the product of or to have been packed or | 0013| distributed by such other drug manufacturer, processor, packer | 0014| or distributor; | 0015| H. "device", except when used in Subsection P of | 0016| this section and in Subsection G of Section 26-1-3, Subsection | 0017| L and Paragraph (4) of Subsection A of Section 26-1-11 and | 0018| Subsection C of Section 26-1-24 NMSA 1978, means an instrument, | 0019| apparatus, implement, machine, contrivance, implant, in vitro | 0020| reagent or other similar or related article, including any | 0021| component, part or accessory, ~~[which]~~ that is: | 0022| (1) recognized in an official compendium; | 0023| (2) intended for use in the diagnosis of | 0024| disease or other conditions, or in the cure, mitigation, | 0025| treatment or prevention of disease, in man or other animals; or | 0001| (3) intended to affect the structure or any | 0002| function of the body of man or other animals and ~~[which]~~ | 0003| that does not achieve any of its principal intended purposes | 0004| through chemical action within or on the body of man or other | 0005| animals and ~~[which]~~ that is not dependent upon being | 0006| metabolized for achievement of any of its principal intended | 0007| purposes; | 0008| I. "prescription" means an order given individually | 0009| for the person for whom prescribed, either directly from the | 0010| prescriber to the pharmacist or indirectly by means of a | 0011| written order signed by the prescriber, and bearing the name | 0012| and address of the prescriber, his license classification, the | 0013| name and address of the patient, the name and quantity of the | 0014| drug prescribed, directions for use and the date of issue. No | 0015| person other than a practitioner shall prescribe or write a | 0016| prescription; | 0017| J. "practitioner" means a physician, dentist, | 0018| veterinarian, certified nurse practitioner, clinical nurse | 0019| specialist or other person licensed to prescribe and | 0020| administer drugs ~~[which]~~ that are subject to the New Mexico | 0021| Drug, Device and Cosmetic Act; | 0022| K. "cosmetic" means: | 0023| (1) articles intended to be rubbed, poured, | 0024| sprinkled or sprayed on, introduced into or otherwise applied | 0025| to the human body or any part thereof for cleansing, | 0001| beautifying, promoting attractiveness or altering the | 0002| appearance; and | 0003| (2) articles intended for use as a component | 0004| of any articles enumerated in Paragraph (1) of this subsection, | 0005| except that the term shall not include soap; | 0006| L. "official compendium" means the official United | 0007| States pharmacopoeia national formulary or the official | 0008| homeopathic pharmacopoeia of the United States or any sup- | 0009| | 0010| plement to either of them; | 0011| M. "label" means a display of written, printed or | 0012| graphic matter upon the immediate container of any article. A | 0013| requirement made by or under the authority of the New Mexico | 0014| Drug, Device and Cosmetic Act that any word, statement or other | 0015| information appear on the label shall not be considered to be | 0016| complied with unless the word, statement or other information | 0017| also appears on the outside container or wrapper, if any, of | 0018| the retail package of the article or is easily legible through | 0019| the outside container or wrapper; | 0020| N. "immediate container" does not include package | 0021| liners; | 0022| O. "labeling" means all labels and other written, | 0023| printed or graphic matter: | 0024| (1) upon any article or any of its containers | 0025| or wrappers; or | 0001| (2) accompanying any article; | 0002| P. "misbranded" means a label to an article | 0003| ~~[which]~~ that is misleading. In determining whether the | 0004| label is misleading, there shall be taken into account, among | 0005| other things, not only representations made or suggested by | 0006| statement, word, design, device or any combination of the | 0007| foregoing, but also the extent to which the label fails to re- | 0008| | 0009| veal facts material in the light of such representations or | 0010| material with respect to consequences ~~[which]~~ that may | 0011| result from the use of the article to which the label relates | 0012| under the conditions of use prescribed in the label or under | 0013| such conditions of use as are customary or usual; | 0014| Q. "advertisement" means all representations | 0015| disseminated in any manner or by any means, other than by | 0016| labeling, for the purpose of inducing, or ~~[which]~~ that are | 0017| likely to induce, directly or indirectly, the purchase of | 0018| drugs, devices or cosmetics; | 0019| R. "antiseptic", when used in the labeling or | 0020| advertisement of an antiseptic, shall be considered to be a | 0021| representation that it is a germicide, except in the case of a | 0022| drug purporting to be or represented as an antiseptic for | 0023| inhibitory use as a wet dressing, ointment, dusting powder or | 0024| such other use as involves prolonged contact with the | 0025| body; | 0001| S. "new drug" means: | 0002| (1) any drug, the composition of which is such | 0003| that the drug is not generally recognized, among experts | 0004| qualified by scientific training and experience to evaluate the | 0005| safety and efficacy of drugs, as safe and effective for use | 0006| under the conditions prescribed, recommended or suggested in | 0007| the labeling thereof; or | 0008| (2) any drug, the composition of which is such | 0009| that the drug, as a result of investigation to determine its | 0010| safety and efficacy for use under such conditions, has become | 0011| so recognized, but ~~[which]~~ that has not, otherwise than in | 0012| such investigations, been used to a material extent or for a | 0013| material time under such conditions; | 0014| T. "contaminated with filth" applies to any drug, | 0015| device or cosmetic not securely protected from dirt, dust and, | 0016| as far as may be necessary by all reasonable means, from all | 0017| foreign or injurious contaminations, or any drug, device or | 0018| cosmetic found to contain any dirt, dust, foreign or injurious | 0019| contamination or infestation; | 0020| U. "selling of drugs, devices or cosmetics" shall | 0021| be considered to include the manufacture, production, | 0022| processing, packing, exposure, offer, possession and holding of | 0023| any such article for sale and the sale and the supplying or | 0024| applying of any such article in the conduct of any drug or | 0025| cosmetic establishment; | 0001| V. "color additive" means a material ~~[which]~~ | 0002| that: | 0003| (1) is a dye, pigment or other substance made | 0004| by a process of synthesis or similar artifice or extracted, | 0005| isolated or otherwise derived, with or without intermediate or | 0006| final change of identity, from a vegetable, mineral, animal or | 0007| other source; or | 0008| (2) when added or applied to a drug or | 0009| cosmetic or to the human body or any part thereof, is capable, | 0010| alone or through reaction with other substances, of imparting | 0011| color thereto; except that such term does not include any | 0012| material ~~[which]~~ that has been or hereafter is exempted | 0013| under the federal act; | 0014| W. "federal act" means the Federal Food, Drug and | 0015| Cosmetic Act; | 0016| X. "restricted device" means a device for which the | 0017| sale, distribution or use is lawful only upon the written or | 0018| oral authorization of a practitioner licensed by law to | 0019| administer, prescribe or use the device and for which the | 0020| federal food and drug administration requires special training | 0021| or skills of the practitioner to use or prescribe. This | 0022| definition does not include custom devices defined in the | 0023| federal act and exempt from performance standards or premarket | 0024| approval requirements under Section 520 (b) of the federal act; | 0025| and | 0001| Y. "prescription device" means a device ~~[which]~~ | 0002| that, because of its potential for harm, the method of its | 0003| use or the collateral measures necessary to its use, is not | 0004| safe except under the supervision of a practitioner licensed in | 0005| this state to direct the use of such device and for which | 0006| "adequate directions for use" cannot be prepared, but that | 0007| bears the label: "Caution: Federal law restricts this device | 0008| to sale by or on the order of a ", the blank to be | 0009| filled with the word "physician", "dentist", "veterinarian", | 0010| certified nurse practitioner, clinical nurse specialist or | 0011| with the descriptive designation of any other practitioner | 0012| licensed in this state to use, or order the use of, the | 0013| device." | 0014| Section 2. Section 30-31-2 NMSA 1978 (being Laws 1972, | 0015| Chapter 84, Section 2, as amended) is amended to read: | 0016| "30-31-2. DEFINITIONS.--As used in the Controlled | 0017| Substances Act: | 0018| A. "administer" means the direct application of a | 0019| controlled substance by any means to the body of a patient or | 0020| research subject by a practitioner or his agent; | 0021| B. "agent" includes an authorized person who acts | 0022| on behalf of a manufacturer, distributor or dispenser. ~~[It]~~ | 0023| "Agent" does not include a common or contract carrier, public | 0024| warehouseman or employee of the carrier or warehouseman; | 0025| C. "board" means the board of pharmacy; | 0001| D. "bureau" means the bureau of narcotics and | 0002| dangerous drugs, United States department of justice, or its | 0003| successor agency; | 0004| E. "controlled substance" means a drug or substance | 0005| listed in Schedules I through V of the Controlled Substances | 0006| Act or regulations adopted thereto; | 0007| F. "counterfeit substance" means a controlled | 0008| substance that bears the unauthorized trademark, trade name, | 0009| imprint, number, device or other identifying mark or likeness | 0010| of a manufacturer, distributor or dispenser other than the | 0011| person who in fact manufactured, distributed or dispensed the | 0012| controlled substance; | 0013| G. "deliver" means the actual, constructive or | 0014| attempted transfer from one person to another of a controlled | 0015| substance or controlled substance analog, whether or not there | 0016| is an agency relationship; | 0017| H. "dispense" means to deliver a controlled | 0018| substance to an ultimate user or research subject pursuant to | 0019| the lawful order of a practitioner, including the | 0020| administering, prescribing, packaging, labeling or compounding | 0021| necessary to prepare the controlled substance for that | 0022| delivery; | 0023| I. "dispenser" means a practitioner who dispenses | 0024| and includes hospitals, pharmacies and clinics where controlled | 0025| substances are dispensed; | 0001| J. "distribute" means to deliver other than by | 0002| administering or dispensing a controlled substance or | 0003| controlled substance analog; | 0004| K. "drug" or "substance" means substances | 0005| recognized as drugs in the official United States | 0006| pharmacopoeia, official homeopathic pharmacopoeia of the United | 0007| States or official national formulary or any respective | 0008| supplement to ~~[these]~~ those publications. It does not | 0009| include devices or their components, parts or accessories; | 0010| L. "hashish" means the resin extracted from any | 0011| part of marijuana, whether growing or not, and every compound, | 0012| manufacture, salt, derivative, mixture or preparation of such | 0013| resins; | 0014| M. "manufacture" means the production, preparation, | 0015| compounding, conversion or processing of a controlled substance | 0016| or controlled substance analog by extraction from substances of | 0017| natural origin or independently by means of chemical synthesis | 0018| or by a combination of extraction and chemical synthesis and | 0019| includes any packaging or repackaging of the substance or | 0020| labeling or relabeling of its container, except that this term | 0021| does not include the preparation or compounding of a controlled | 0022| substance: | 0023| (1) by a practitioner as an incident to his | 0024| administering or dispensing of a controlled substance in the | 0025| course of his professional practice; or | 0001| (2) by a practitioner, or by his agent under | 0002| his supervision, for the purpose of or as an incident to | 0003| research, teaching or chemical analysis and not for sale; | 0004| N. "marijuana" means all parts of the plant | 0005| Cannabis, including any and all varieties, species and | 0006| subspecies of the genus Cannabis, whether growing or not, the | 0007| seeds thereof and every compound, manufacture, salt, | 0008| derivative, mixture or preparation of the plant or its seeds. | 0009| ~~[It]~~ "Marijuana" does not include the mature stalks of the | 0010| plant, hashish, tetrahydrocannabinols extracted or isolated | 0011| from marijuana, fiber produced from the stalks, oil or cake | 0012| made from the seeds of the plant, any other compound, | 0013| manufacture, salt, derivative, mixture or preparation of the | 0014| mature stalks, fiber, oil or cake, or the sterilized seed of | 0015| the plant that is incapable of germination; | 0016| O. "narcotic drug" means any of the following, | 0017| whether produced directly or indirectly by extraction from | 0018| substances of vegetable origin or independently by means of | 0019| chemical synthesis or by a combination of extraction and | 0020| chemical synthesis: | 0021| (1) opium and opiate and any salt, compound, | 0022| derivative or preparation of opium or opiate; | 0023| (2) any salt, compound, isomer, derivative or | 0024| preparation that is a chemical equivalent of any of the | 0025| substances referred to in Paragraph (1) of this subsection, | 0001| except the isoquinoline alkaloids of opium; | 0002| (3) opium poppy and poppy straw, including all | 0003| parts of the plant of the species Papaver somniferum L. except | 0004| its seeds; or | 0005| (4) coca leaves and any salt, compound, | 0006| derivative or preparation of coca leaves, any salt, compound, | 0007| isomer, derivative or preparation that is a chemical equivalent | 0008| of any of these substances except decocainized coca leaves or | 0009| extractions of coca leaves that do not contain cocaine or | 0010| ~~[ecogonine]~~ ecgonine; | 0011| P. "opiate" means any substance having an | 0012| addiction-forming or addiction-sustaining liability similar to | 0013| morphine or being capable of conversion into a drug having | 0014| addiction-forming or addiction-sustaining liability. Opiate | 0015| does not include, unless specifically designated as controlled | 0016| under Section 30-31-5 NMSA 1978, the dextrorotatory isomer of | 0017| 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). | 0018| "Opiate" does include its racemic and levorotatory forms; | 0019| Q. "person" includes a partnership, corporation, | 0020| association, institution, political subdivision, government | 0021| agency or other legal entity; | 0022| R. "practitioner" means a physician, dentist, | 0023| veterinarian, certified nurse practitioner, clinical nurse | 0024| specialist or other person licensed to prescribe and | 0025| administer drugs that are subject to the Controlled Substances | 0001| Act; | 0002| S. "prescription" means an order given individually | 0003| for the person for whom is prescribed a controlled substance, | 0004| either directly from the prescriber to the pharmacist or | 0005| indirectly by means of a written order signed by the | 0006| prescriber, ~~[and]~~ in accordance with the Controlled | 0007| Substances Act or regulations adopted thereto; | 0008| T. "scientific investigator" means a person | 0009| registered to conduct research with controlled substances in | 0010| the course of his professional practice or research and | 0011| includes analytical laboratories; | 0012| U. "ultimate user" means a person who lawfully | 0013| possesses a controlled substance for his own use or for the use | 0014| of a member of his household or for administering to an animal | 0015| under the care, custody and control of the person or by a | 0016| member of his household; | 0017| V. "drug paraphernalia" means all equipment, | 0018| products and materials of any kind that are used, intended for | 0019| use or designed for use in planting, propagating, cultivating, | 0020| growing, harvesting, manufacturing, compounding, converting, | 0021| producing, processing, preparing, testing, analyzing, | 0022| packaging, repackaging, storing, containing, concealing, | 0023| injecting, ingesting, inhaling or otherwise introducing into | 0024| the human body a controlled substance or controlled substance | 0025| analog in violation of the Controlled Substances Act. ~~[It]~~ | 0001| "Drug paraphernalia" includes ~~[but is not limited to]~~: | 0002| (1) kits used, intended for use or designed | 0003| for use in planting, propagating, cultivating, growing or | 0004| harvesting any species of plant that is a controlled substance | 0005| or controlled substance analog or from which a controlled | 0006| substance can be derived; | 0007| (2) kits used, intended for use or designed | 0008| for use in manufacturing, compounding, converting, producing, | 0009| processing or preparing controlled substances or controlled | 0010| substance analogs; | 0011| (3) isomerization devices used, intended for | 0012| use or designed for use in increasing the potency of any | 0013| species of plant that is a controlled substance; | 0014| (4) testing equipment used, intended for use | 0015| or designed for use in identifying or in analyzing the | 0016| strength, effectiveness or purity of controlled substances or | 0017| controlled substance analogs; | 0018| (5) scales or balances used, intended for use | 0019| or designed for use in weighing or measuring controlled | 0020| substances or controlled substance analogs; | 0021| (6) diluents and adulterants, such as quinine | 0022| hydrochloride, mannitol, mannite dextrose and lactose, used, | 0023| intended for use or designed for use in cutting controlled | 0024| substances or controlled substance analogs; | 0025| (7) separation gins and sifters used, intended | 0001| for use or designed for use in removing twigs and seeds from or | 0002| in otherwise cleaning and refining marijuana; | 0003| (8) blenders, bowls, containers, spoons and | 0004| mixing devices used, intended for use or designed for use in | 0005| compounding controlled substances or controlled substance | 0006| analogs; | 0007| (9) capsules, balloons, envelopes and other | 0008| containers used, intended for use or designed for use in | 0009| packaging small quantities of controlled substances or | 0010| controlled substance analogs; | 0011| (10) containers and other objects used, | 0012| intended for use or designed for use in storing or concealing | 0013| controlled substances or controlled substance analogs; | 0014| (11) hypodermic syringes, needles and other | 0015| objects used, intended for use or designed for use in | 0016| parenterally injecting controlled substances or controlled | 0017| substance analogs into the human body; | 0018| (12) objects used, intended for use or | 0019| designed for use in ingesting, inhaling or otherwise | 0020| introducing marijuana, cocaine, hashish or hashish oil into the | 0021| human body, such as: | 0022| (a) metal, wooden, acrylic, glass, | 0023| stone, plastic or ceramic pipes, with or without screens, | 0024| permanent screens, hashish heads or punctured metal bowls; | 0025| (b) water pipes; | 0001| (c) carburetion tubes and devices; | 0002| (d) smoking and carburetion masks; | 0003| (e) roach clips, meaning objects used to | 0004| hold burning material, such as a marijuana cigarette, that has | 0005| become too small to hold in the hand; | 0006| (f) miniature cocaine spoons and cocaine | 0007| vials; | 0008| (g) chamber pipes; | 0009| (h) carburetor pipes; | 0010| (i) electric pipes; | 0011| (j) air-driven pipes; | 0012| (k) chilams; | 0013| (l) bongs; or | 0014| (m) ice pipes or chillers; and | 0015| (13) in determining whether an object is drug | 0016| paraphernalia, a court or other authority should consider, in | 0017| addition to all other logically relevant factors, the | 0018| following: | 0019| (a) statements by the owner or by anyone | 0020| in control of the object concerning its use; | 0021| (b) the proximity of the object, in time | 0022| and space, to a direct violation of the Controlled Substances | 0023| Act or any other law relating to controlled substances or | 0024| controlled substance analogs; | 0025| (c) the proximity of the object to | 0001| controlled substances or controlled substance analogs; | 0002| (d) the existence of any residue of a | 0003| controlled substance or controlled substance analog on the | 0004| object; | 0005| (e) instructions, written or oral, | 0006| provided with the object concerning its use; | 0007| (f) descriptive materials accompanying | 0008| the object that explain or depict its use; | 0009| (g) the manner in which the object is | 0010| displayed for sale; and | 0011| (h) expert testimony concerning its use; | 0012| W. "controlled substance analog" means a substance | 0013| other than a controlled substance that has a chemical structure | 0014| substantially similar to that of a controlled substance in | 0015| Schedule I, II, III, IV or V or that was specifically designed | 0016| to produce effects substantially similar to that of controlled | 0017| substances in Schedule I, II, III, IV or V. Examples of | 0018| chemical classes in which controlled substance analogs are | 0019| found include ~~[but are not limited to]~~ the following: | 0020| (1) phenethylamines; | 0021| (2) N-substituted piperidines; | 0022| (3) morphinans; | 0023| (4) ~~[ecogonines]~~ ecgonines; | 0024| (5) quinazolinones; | 0025| (6) substituted indoles; and | 0001| (7) arylcycloalkylamines. | 0002| Specifically excluded from the definition of "controlled | 0003| substance analog" are those substances that are generally | 0004| recognized as safe and effective within the meaning of the | 0005| Federal Food, Drug and Cosmetic Act or have been manufactured, | 0006| distributed or possessed in conformance with the provisions of | 0007| an approved new drug application or an exemption for | 0008| investigational use within the meaning of Section 505 of the | 0009| Federal Food, Drug and Cosmetic Act; | 0010| X. "human consumption" includes application, | 0011| injection, inhalation, ingestion or any other manner of | 0012| introduction whatsoever; and | 0013| Y. "drug-free school zone" means any public school | 0014| or property that is used for public school purposes and the | 0015| area within one thousand feet of the school property line, but | 0016| it does not mean any post-secondary school." | 0017| Section 3. Section 61-3-3 NMSA 1978 (being Laws 1991, | 0018| Chapter 190, Section 2, as amended) is amended to read: | 0019| "61-3-3. DEFINITIONS.--As used in the Nursing Practice | 0020| Act: | 0021| A. "advanced practice" means the practice of | 0022| professional registered nursing by a registered nurse who has | 0023| been prepared through additional formal education as provided | 0024| in Sections 61-3-23.2 through 61-3-23.4 NMSA 1978 to function | 0025| beyond the scope of practice of professional registered | 0001| nursing, including certified nurse practitioners, certified | 0002| registered nurse anesthetists and clinical nurse specialists; | 0003| ~~[A.]~~ B. "board" means the board of nursing; | 0004| ~~[B.]~~ C. "certified nurse practitioner" means a | 0005| registered nurse ~~[whose qualifications are endorsed]~~ who is | 0006| licensed by the board for ~~[expanded]~~ advanced practice as | 0007| a certified nurse practitioner and whose name and pertinent | 0008| information are entered on the list of certified nurse | 0009| practitioners maintained by the board; | 0010| ~~[C.]~~ D. "certified registered nurse | 0011| anesthetist" means a registered nurse ~~[whose qualifications~~ | 0012| ~~are endorsed]~~ who is licensed by the board for ~~[expanded]~~ | 0013| advanced practice as a certified registered nurse anesthetist | 0014| and whose name and pertinent information are entered on the | 0015| list of certified registered nurse anesthetists maintained by | 0016| the board; | 0017| ~~[D.]~~ E. "clinical nurse specialist" means a | 0018| registered nurse ~~[whose qualifications are endorsed]~~ who is | 0019| licensed by the board for ~~[expanded]~~ advanced practice as | 0020| a clinical nurse specialist and whose name and pertinent | 0021| information are entered on the list of clinical nurse | 0022| specialists maintained by the board; | 0023| ~~[E.]~~ F. "collaboration" means the cooperative | 0024| working relationship with another health care provider in the | 0025| provision of patient care, and such collaborative practice | 0001| includes the discussion of patient diagnosis and cooperation in | 0002| the management and delivery of health care; | 0003| ~~[F. "expanded practice" means the practice of~~ | 0004| ~~professional registered nursing by a registered nurse who has~~ | 0005| ~~been prepared through a formal educational program in an~~ | 0006| ~~institution of higher learning to function beyond the scope of~~ | 0007| ~~practice of professional registered nursing;]~~ | 0008| G. "licensed practical nurse" means a nurse who | 0009| practices licensed practical nursing and whose name and | 0010| pertinent information are entered in the register of licensed | 0011| practical nurses maintained by the board; | 0012| H. "licensed practical nursing" means the practice | 0013| of a directed scope of nursing requiring basic knowledge of the | 0014| biological, physical, social and behavioral sciences and | 0015| nursing procedures, which practice is at the direction of a | 0016| registered nurse, physician or dentist licensed to practice in | 0017| this state. This practice includes, but is not limited to: | 0018| (1) contributing to the assessment of the | 0019| health status of individuals, families and communities; | 0020| (2) participating in the development and | 0021| modification of the plan of care; | 0022| (3) implementing appropriate aspects of the | 0023| plan of care commensurate with education and verified | 0024| competence; | 0025| (4) collaborating with other health care | 0001| professionals in the management of health care; and | 0002| (5) participating in the evaluation of | 0003| responses to interventions; | 0004| I. "nursing diagnosis" means a clinical judgment | 0005| about individual, family or community responses to actual or | 0006| potential health problems or life processes, which judgment | 0007| provides a basis for the selection of nursing interventions to | 0008| achieve outcomes for which the person making the judgment is | 0009| accountable; | 0010| J. "practice of nursing" means assisting | 0011| individuals, families or communities in maintaining or | 0012| attaining optimal health, assessing and implementing a plan of | 0013| care to accomplish defined goals and evaluating responses to | 0014| care and treatment. This practice is based on specialized | 0015| knowledge, judgment and nursing skills acquired through | 0016| educational preparation in nursing and in the biological, | 0017| physical, social and behavioral sciences and includes but is | 0018| not limited to: | 0019| (1) initiating and maintaining comfort | 0020| measures; | 0021| (2) promoting and supporting optimal human | 0022| functions and responses; | 0023| (3) establishing an environment conducive to | 0024| well-being or to the support of a dignified death; | 0025| (4) collaborating on the health care regimen; | 0001| (5) administering medications and performing | 0002| treatments prescribed by a person authorized in this state or | 0003| in any other state in the United States to prescribe them; | 0004| (6) recording and reporting nursing | 0005| observations, assessments, interventions and responses to | 0006| health care; | 0007| (7) providing counseling and health teaching; | 0008| (8) delegating and supervising nursing | 0009| interventions that may be performed safely by others and are | 0010| not in conflict with the Nursing Practice Act; and | 0011| (9) maintaining accountability for safe and | 0012| effective nursing care; | 0013| K. "professional registered nursing" means the | 0014| practice of the full scope of nursing requiring substantial | 0015| knowledge of the biological, physical, social and behavioral | 0016| sciences and of nursing theory and may include ~~[expanded]~~ | 0017| advanced practice pursuant to the Nursing Practice Act. This | 0018| practice includes but is not limited to: | 0019| (1) assessing the health status of | 0020| individuals, families and communities; | 0021| (2) establishing a nursing diagnosis; | 0022| (3) establishing goals to meet identified | 0023| health care needs; | 0024| (4) developing a plan of care; | 0025| (5) determining nursing intervention to | 0001| implement the plan of care; | 0002| (6) implementing the plan of care commensurate | 0003| with education and verified competence; | 0004| (7) evaluating responses to interventions; | 0005| (8) teaching based on the theory and practice | 0006| of nursing; | 0007| (9) managing and supervising the practice of | 0008| nursing; | 0009| (10) collaborating with other health care | 0010| professionals in the management of health care; and | 0011| (11) conducting nursing research; and | 0012| L. "registered nurse" means a nurse who practices | 0013| professional registered nursing and whose name and pertinent | 0014| information are entered in the register of licensed registered | 0015| nurses maintained by the board." | 0016| Section 4. Section 61-3-5 NMSA 1978 (being Laws 1968, | 0017| Chapter 44, Section 4, as amended) is amended to read: | 0018| "61-3-5. LICENSE REQUIRED.-- | 0019| A. Unless licensed as a registered nurse under the | 0020| Nursing Practice Act, no person shall: | 0021| (1) practice professional nursing; | 0022| (2) use the title "registered nurse", | 0023| "professional nurse", "professional registered nurse" or the | 0024| abbreviation "R.N." or any other abbreviation thereof or use | 0025| any other title, abbreviation, letters, figures, signs or | 0001| devices to indicate or imply that the person is a registered | 0002| nurse; ~~[or]~~ | 0003| (3) engage in a nursing specialty as defined | 0004| by the board; or | 0005| (4) be prohibited from identifying himself to | 0006| patients as a registered nurse. | 0007| B. Unless licensed as a licensed practical nurse | 0008| under the Nursing Practice Act, no person shall: | 0009| (1) practice licensed practical nursing; or | 0010| (2) use the title "licensed practical nurse" | 0011| or the abbreviation "L.P.N." or any other abbreviation thereof | 0012| or use any other title, abbreviation, letters, figures, signs | 0013| or devices to indicate or imply that the person is a licensed | 0014| practical nurse. | 0015| C. Unless ~~[endorsed]~~ licensed as a certified | 0016| nurse practitioner under the Nursing Practice Act, no person | 0017| shall: | 0018| (1) practice as a certified nurse | 0019| practitioner; or | 0020| (2) use the title "certified nurse | 0021| practitioner" or the abbreviations "C.N.P." or "N.P." or any | 0022| other title, abbreviation, letters, figures, signs or devices | 0023| to indicate or imply that the person is a certified nurse | 0024| practitioner. | 0025| D. Unless ~~[endorsed]~~ licensed as a certified | 0001| registered nurse anesthetist under the Nursing Practice Act, no | 0002| person shall: | 0003| (1) practice as a nurse anesthetist; or | 0004| (2) use the title "certified registered nurse | 0005| anesthetist" or the abbreviation "C.R.N.A." or any other title, | 0006| abbreviation, letters, figures, signs or devices to indicate or | 0007| imply that the person is a certified registered nurse | 0008| anesthetist. | 0009| E. Unless ~~[endorsed]~~ licensed as a clinical | 0010| nurse specialist under the Nursing Practice Act, no person | 0011| shall: | 0012| (1) practice as a clinical nurse specialist; | 0013| or | 0014| (2) use the title "clinical nurse specialist" | 0015| or the abbreviation "C.N.S." or any other title, abbreviation, | 0016| letters, figures, signs or devices to indicate or imply that | 0017| the person is a clinical nurse specialist." | 0018| Section 5. Section 61-3-6 NMSA 1978 (being Laws 1973, | 0019| Chapter 149, Section 2, as amended) is amended to read: | 0020| "61-3-6. ADMINISTRATION OF ANESTHETICS.--It is unlawful | 0021| for any person, other than a person licensed in New Mexico to | 0022| practice medicine, osteopathy or dentistry or a currently | 0023| licensed certified registered nurse anesthetist, to | 0024| administer anesthetics to any person. Nothing in this section | 0025| prohibits a person currently licensed ~~[in the healing arts~~ | 0001| ~~from administering local anesthetics or]~~ pursuant to the | 0002| Nursing Practice Act from using hypnosis or from | 0003| administering local anesthetics or conscious sedation." | 0004| Section 6. Section 61-3-8 NMSA 1978 (being Laws 1968, | 0005| Chapter 44, Section 5, as amended by Laws 1991, Chapter 189, | 0006| Section 3 and also by Laws 1991, Chapter 190, Section 5) is | 0007| amended to read: | 0008| "61-3-8. BOARD CREATED--MEMBERS--QUALIFICATIONS--TERMS-- | 0009| VACANCIES--REMOVAL.-- | 0010| A. There is created a seven-member "board of | 0011| nursing". The board shall consist of four licensed nurses, one | 0012| preferably a licensed practical nurse, and three members who | 0013| shall represent the public and shall not have been licensed as | 0014| registered or licensed practical nurses, nor shall the public | 0015| members have any significant financial interest, direct or | 0016| indirect, in the profession regulated. Not more than two board | 0017| members shall be appointed from any one county, and not more | 0018| than two registered nurse members shall be from any one field | 0019| of nursing. Members of the board shall be appointed by the | 0020| governor for staggered terms of four years each. Nurse members | 0021| shall be appointed from lists submitted to the governor by any | 0022| generally recognized organization of nurses in this state. | 0023| Appointments shall be made in such manner that the terms of no | 0024| more than two board members expire on July 1 of each year. | 0025| Vacancies shall be filled by appointment by the governor for | 0001| the unexpired term within sixty days of the vacancy. Board | 0002| members shall serve until their successors have been appointed | 0003| and qualified. A person is not eligible for appointment as a | 0004| public member of the board if the person or the person's | 0005| spouse: | 0006| (1) is licensed by an occupational regulatory | 0007| agency in the health care field; | 0008| (2) is employed by or participates in the | 0009| management of a business entity or an organization that | 0010| provides health care services or sells, manufactures or | 0011| distributes health care supplies or equipment; or | 0012| (3) owns, controls or holds directly or | 0013| indirectly more than ten percent interest in a business entity | 0014| or an organization that provides health care services or sells, | 0015| manufactures or distributes health care supplies or equipment. | 0016| B. Members of the board shall be citizens of the | 0017| United States and residents of this state. Registered nurse | 0018| members shall be licensed in this state, shall have had, since | 0019| graduation, at least five years' experience in nursing, shall | 0020| be currently engaged in professional nursing and shall have | 0021| been actively engaged in professional nursing for at least | 0022| three years immediately preceding appointment or reappointment. | 0023| The licensed practical nurse member shall be licensed in this | 0024| state, shall have been graduated from an approved licensed | 0025| practical nursing education program, shall have been licensed | 0001| by examination, shall have had at least five years' experience | 0002| since graduation, shall be currently engaged in licensed | 0003| practical nursing and shall have been actively engaged in | 0004| licensed practical nursing for at least three years immediately | 0005| preceding appointment or reappointment. | 0006| C. No board member shall serve more than two full | 0007| or partial terms, consecutive or otherwise. | 0008| D. Any board member failing to attend seventy | 0009| percent of meeting days annually, either regular or special, | 0010| shall automatically be removed as a member of the board. | 0011| E. The governor may remove any member from the | 0012| board for neglect of any duty required by law, for incompetency | 0013| or for unprofessional or dishonorable conduct, in accordance | 0014| with regulations prescribed by the board. | 0015| F. In the event of a vacancy on the board for any | 0016| reason, the secretary of the board shall immediately notify the | 0017| governor, the board members and any generally recognized | 0018| nursing organization of the vacancy, the reason for its | 0019| occurrence and the action taken by the board, so as to expedite | 0020| the appointment of a new board member." | 0021| Section 7. Section 61-3-10 NMSA 1978 (being Laws 1968, | 0022| Chapter 44, Section 7, as amended) is amended to read: | 0023| "61-3-10. POWERS--DUTIES.--The board: | 0024| A. shall adopt and revise such rules and | 0025| regulations as may be necessary to enable it to carry into | 0001| effect the provisions of the Nursing Practice Act and to | 0002| maintain high standards of practice; | 0003| B. shall prescribe standards and approve curricula | 0004| for educational programs preparing persons for licensure under | 0005| the Nursing Practice Act; | 0006| C. shall provide for surveys of educational | 0007| programs preparing persons for licensure under the Nursing | 0008| Practice Act; | 0009| D. shall grant, deny or withdraw approval from | 0010| educational programs for failure to meet prescribed standards, | 0011| provided that a majority of the board concurs in any decision; | 0012| E. shall provide for the examination, licensing and | 0013| renewal of licenses of applicants; | 0014| F. shall conduct hearings upon charges relating to | 0015| discipline of a licensee or the denial, suspension or | 0016| revocation of a license in accordance with the procedures of | 0017| the Uniform Licensing Act; | 0018| G. shall cause the prosecution of all persons, | 0019| including firms, associations, institutions and corporations, | 0020| violating the Nursing Practice Act and have the power to incur | 0021| such expense as is necessary therefor; | 0022| H. shall keep a record of all proceedings; | 0023| I. shall make an annual report to the governor; | 0024| J. shall appoint and employ a qualified registered | 0025| nurse, who shall not be a member of the board, to serve as | 0001| executive officer to the board, ~~[and]~~ who shall define the | 0002| duties and responsibilities of the executive officer, except | 0003| that the power to grant, deny or withdraw approval for schools | 0004| of nursing or to revoke, suspend or withhold any license | 0005| authorized by the Nursing Practice Act shall not be delegated | 0006| by the board; | 0007| K. shall provide for such qualified assistants as | 0008| may be necessary to carry out the provisions of the Nursing | 0009| Practice Act. Such employees shall be paid a salary | 0010| commensurate with their duties; | 0011| L. shall, for the purpose of protecting the health | 0012| and well-being of the citizens of New Mexico and promoting | 0013| current nursing knowledge and practice, adopt rules and | 0014| regulations establishing continuing education requirements as a | 0015| condition of license renewal and shall study methods of | 0016| monitoring continuing competence; | 0017| M. may appoint advisory committees consisting of at | 0018| least one member who is a board member and at least two members | 0019| expert in the pertinent field of health care to assist it in | 0020| the performance of its duties. Committee members may be | 0021| reimbursed as provided in the Per Diem and Mileage Act; | 0022| N. may adopt and revise rules and regulations | 0023| designed to maintain an inactive status listing for registered | 0024| nurses and licensed practical nurses; | 0025| O. may adopt rules and regulations to regulate the | 0001| ~~[expanded]~~ advanced practice of professional registered | 0002| nursing and ~~[advanced]~~ expanded practice of licensed | 0003| practical nursing; ~~[and]~~ | 0004| P. shall ~~[endorse the qualifications of]~~ license | 0005| qualified certified nurse practitioners, certified registered | 0006| nurse anesthetists and clinical nurse specialists; and | 0007| Q. shall adopt rules and regulations establishing | 0008| standards for authorizing prescriptive authority to certified | 0009| nurse practitioners and clinical nurse specialists." | 0010| Section 8. Section 61-3-10.1 NMSA 1978 (being Laws 1993, | 0011| Chapter 61, Section 2) is amended to read: | 0012| "61-3-10.1. HEMODIALYSIS TECHNICIANS--TRAINING PROGRAMS-- | 0013| CERTIFICATION.-- | 0014| A. As used in this section: | 0015| (1) "hemodialysis technician" means a person | 0016| who is certified by the board to assist with the direct care of | 0017| a patient undergoing hemodialysis, including performing | 0018| arteriovenous punctures for dialysis access, injecting | 0019| intradermal lidocaine in preparation for dialysis access, | 0020| administering heparin bolus and connecting a dialysis access to | 0021| isotonic saline or heparinized isotonic saline according to | 0022| standards adopted by the board; and | 0023| (2) "training program" means an educational | 0024| program approved by the board for persons seeking certification | 0025| as hemodialysis technicians. | 0001| B. Unless certified as a hemodialysis technician | 0002| pursuant to this section, no person shall practice as a | 0003| hemodialysis technician or use the title "certified | 0004| hemodialysis technician", "hemodialysis technician" or other | 0005| title, abbreviation, letters, figures, signs or devices to | 0006| indicate or imply that the person is a hemodialysis technician. | 0007| C. The board shall: | 0008| (1) maintain a permanent register of all | 0009| hemodialysis technicians; | 0010| (2) adopt rules and regulations that set | 0011| reasonable requirements for training programs, including | 0012| prescribing standards and approving curricula; | 0013| (3) provide for periodic evaluation of | 0014| training programs at least every two years; | 0015| (4) grant, deny or withdraw approval from | 0016| training programs for failure to meet prescribed standards; and | 0017| (5) conduct hearings on charges relating to | 0018| discipline of a hemodialysis technician and may deny | 0019| certification, place a technician on probation or suspend or | 0020| revoke a certificate in accordance with the Uniform Licensing | 0021| Act. | 0022| D. Every applicant for certification as a | 0023| hemodialysis technician shall pay the required application fee, | 0024| submit written evidence of having completed a training program | 0025| and successfully complete a board-approved examination. The | 0001| board shall issue a certificate to any person who fulfills the | 0002| requirements for certification. | 0003| E. A certificate shall be renewed ~~[biennially]~~ | 0004| every two years by the last day of the hemodialysis | 0005| technician's birth month upon payment of the required fee, | 0006| proof of employment as a hemodialysis technician and proof of | 0007| having met any continuing education requirements adopted by the | 0008| board. | 0009| F. The board shall set the following nonrefundable | 0010| fees: | 0011| (1) for initial certification of a | 0012| hemodialysis technician by examination, not to exceed sixty | 0013| dollars ($60.00); | 0014| (2) for renewal of certification of a | 0015| hemodialysis technician, not to exceed sixty dollars ($60.00); | 0016| (3) for reactivation of a certificate of a | 0017| hemodialysis technician after failure to renew a certificate, | 0018| not to exceed thirty dollars ($30.00); | 0019| (4) for initial review and approval of a | 0020| training program, not to exceed one hundred fifty dollars | 0021| ($150); | 0022| (5) for each subsequent review and approval of | 0023| a training program where the hemodialysis unit has changed the | 0024| program, not to exceed fifty dollars ($50.00); | 0025| (6) for each subsequent review and approval of | 0001| a training program when a change has been required by a change | 0002| in board policy, rules or regulations, not to exceed twenty- | 0003| five dollars ($25.00); and | 0004| (7) for periodic evaluation of a training | 0005| program, not to exceed seventy-five dollars ($75.00)." | 0006| Section 9. Section 61-3-10.2 NMSA 1978 (being Laws 1991, | 0007| Chapter 209, Section 1, as amended) is amended to read: | 0008| "61-3-10.2. MEDICATION AIDES.-- | 0009| A. This section shall permit the operation of a | 0010| program for certification of medication aides and medication | 0011| aide training programs in licensed intermediate care facilities | 0012| for the mentally retarded. The purpose of the program is to | 0013| effectuate a cost-containment and efficient program for the | 0014| administration of the medicaid program. It is the intention of | 0015| the legislature that costs of continuing the program shall be | 0016| provided through appropriate agreements between the board and | 0017| licensed intermediate care facilities for the mentally | 0018| retarded. B. For the purposes of this section, | 0019| "medication aide" means a person who, under the supervision of | 0020| a licensed nurse in a licensed intermediate care facility for | 0021| the mentally retarded, is permitted to administer oral | 0022| medications according to the standards adopted by the board. | 0023| C. Unless certified as a medication aide under the | 0024| Nursing Practice Act, no person shall: | 0025| (1) practice as a medication aide; or | 0001| (2) use the titles "certified medication aide" | 0002| or "medication aide" or any other title, abbreviation, letters, | 0003| figures, signs or devices to indicate or imply that the person | 0004| is a certified medication aide. | 0005| D. The board shall: | 0006| (1) maintain a permanent register of all | 0007| persons to whom certification to practice as a certified | 0008| medication aide is provided; | 0009| (2) adopt rules and regulations that set | 0010| reasonable requirements for medication aide educational or | 0011| training programs and certification that protect the health and | 0012| well-being of the mentally retarded while facilitating low-cost | 0013| access to medication services; | 0014| (3) adopt rules and regulations governing the | 0015| supervision of medication aides by licensed nurses, which shall | 0016| include, but not be limited to, standards for medication aides | 0017| and performance evaluations of medication aides; and | 0018| (4) conduct hearings upon charges relating to | 0019| discipline of a certified medication aide or the denial, | 0020| suspension or revocation of a medication aide certificate in | 0021| accordance with the Uniform Licensing Act. | 0022| E. Every applicant for certification as a | 0023| medication aide shall pay the required application fee, submit | 0024| written evidence of having completed a board-approved program | 0025| for the certification of medication aides and successfully | 0001| complete a board-approved examination. | 0002| F. The board shall issue a certificate enabling a | 0003| person to function as a medication aide to any person who | 0004| fulfills the requirements for medication aides set by law. | 0005| G. Every certificate issued by the board to | 0006| practice as a medication aide shall be renewed ~~[biennially]~~ | 0007| every two years by the last day of the medication aide's birth | 0008| month and upon payment of the required fee. The medication | 0009| aide seeking renewal shall submit proof of employment as a | 0010| medication aide and proof of having met any continuing | 0011| education requirements adopted by the board. | 0012| H. Applicants for certification or renewal of | 0013| certification as certified medication aides shall pay the | 0014| following fees: | 0015| (1) for initial certification by examination | 0016| or certification after a failure to renew timely an initial | 0017| certification, the fee shall be set by the board not to exceed | 0018| thirty dollars ($30.00); and | 0019| (2) for renewal of certification, the fee | 0020| shall be set by the board not to exceed thirty dollars | 0021| ($30.00). | 0022| I. The board shall: | 0023| (1) prescribe standards and approve curricula | 0024| for educational or training programs preparing persons as | 0025| medication aides; | 0001| (2) set a reasonable fee for the review and | 0002| approval of educational or training programs for certification | 0003| as certified medication aides not to exceed one hundred fifty | 0004| dollars ($150) for each initial review and approval or fifty | 0005| dollars ($50.00) for each subsequent review and approval in | 0006| case of change or modification in a training program, except | 0007| where the change or modification has been required by a change | 0008| in board policy or board rules and regulations, in which case | 0009| the fee for each review and approval shall not exceed | 0010| twenty-five dollars ($25.00); | 0011| (3) provide for periodic evaluation at | 0012| intervals of no less than two years of educational or training | 0013| programs preparing persons for certification as certified | 0014| medication aides, including setting a reasonable fee for each | 0015| periodic evaluation, which shall not exceed seventy-five | 0016| dollars ($75.00); and | 0017| (4) grant, deny or withdraw approval from | 0018| medication aide programs for failure to meet prescribed | 0019| standards; provided that in the event of a denial or withdrawal | 0020| of approval, none of the fees provided for in this section | 0021| shall be refundable." | 0022| Section 10. Section 61-3-10.3 NMSA 1978 (being Laws 1995, | 0023| Chapter 117, Section 1) is amended to read: | 0024| "61-3-10.3. MEDICATION AIDES TRIAL PROGRAM.-- | 0025| A. This section permits the operation of a trial | 0001| program for certification of medication aides and medication | 0002| aide training programs to serve income-eligible persons | 0003| participating in the developmentally disabled medicaid waiver | 0004| program. The purpose of the trial program is to effectuate a | 0005| cost-containment and efficient program for the administration | 0006| of the medicaid program. The trial program shall be evaluated | 0007| by the board and a report of the results submitted to the first | 0008| session of the ~~[forty-third]~~ forty-fifth legislature. | 0009| B. The developmental disabilities division of the | 0010| department of health shall, through contract or agreement, | 0011| provide remuneration to developmental disabilities service | 0012| providers and to medication aides for services rendered to | 0013| medicaid waiver program participants. Developmental | 0014| disabilities service providers shall, through contract or | 0015| agreement, provide remuneration to the board for administrative | 0016| and other costs associated with oversight of the medication | 0017| aide program. | 0018| C. For the purposes of this section, "medication | 0019| aide" means a person who, under the supervision of a licensed | 0020| nurse, is permitted to administer oral medications to | 0021| participants in the developmentally disabled medicaid waiver | 0022| program according to standards adopted by the board. | 0023| D. Medication aides who serve participants in the | 0024| developmentally disabled medicaid waiver program shall make | 0025| application and obtain training and certification as provided | 0001| in Section 61-3-10.2 NMSA 1978 and shall be subject to all | 0002| other regulations pertaining to medication aides as determined | 0003| by the board." | 0004| Section 11. Section 61-3-13 NMSA 1978 (being Laws 1968, | 0005| Chapter 44, Section 10, as amended) is amended to read: | 0006| "61-3-13. QUALIFICATIONS FOR LICENSURE AS A REGISTERED | 0007| NURSE.--Before being considered for licensure as a registered | 0008| nurse, either by endorsement or examination, under Section | 0009| 61-3-14 NMSA 1978, an applicant shall furnish evidence | 0010| satisfactory to the board that the applicant ~~[A.]~~ has | 0011| successfully completed ~~[at least an approved high school~~ | 0012| ~~course of study or the equivalent as determined by the~~ | 0013| ~~regulations of the board; and~~ | 0014| ~~B. has completed a course of study and has~~ | 0015| ~~graduated from an approved school of nursing]~~ an approved | 0016| program of nursing for licensure as a registered nurse and has | 0017| graduated or is eligible for graduation." | 0018| Section 12. Section 61-3-16 NMSA 1978 (being Laws 1968, | 0019| Chapter 44, Section 13, as amended) is amended to read: | 0020| "61-3-16. FEES FOR LICENSURE AS REGISTERED NURSES.-- | 0021| Applicants for licensure as registered nurses shall pay the | 0022| following fees, which fees shall not be returnable: | 0023| A. for licensure without examination, the fee shall | 0024| be set by the board not to exceed one hundred fifty dollars | 0025| ($150); | 0001| B. for licensure by examination when the | 0002| examination is the first for the applicant in this state, the | 0003| fee shall be set by the board not to exceed one hundred fifty | 0004| dollars ($150); | 0005| C. for licensure by examination when the | 0006| examination is other than the first examination, the fee shall | 0007| be set by the board not to exceed sixty dollars ($60.00); and | 0008| D. for initial ~~[endorsement]~~ licensure as a | 0009| certified nurse practitioner, certified registered nurse | 0010| anesthetist and clinical nurse specialist, the fee shall be set | 0011| by the board not to exceed fifty dollars ($50.00). This fee | 0012| shall be in addition to the fee paid for registered nurse | 0013| licensure." | 0014| Section 13. Section 61-3-18 NMSA 1978 (being Laws 1968, | 0015| Chapter 44, Section 15, as amended) is amended to read: | 0016| "61-3-18. QUALIFICATIONS FOR LICENSURE AS A LICENSED | 0017| PRACTICAL NURSE.--Before being considered for licensure as a | 0018| licensed practical nurse, either by endorsement or examination, | 0019| under Section 61-3-19 NMSA 1978, an applicant shall furnish | 0020| evidence satisfactory to the board that the applicant ~~[A.]~~ | 0021| has successfully completed ~~[at least an approved high school~~ | 0022| ~~course of study or the equivalent as determined by reasonable~~ | 0023| ~~regulations of the board; and~~ | 0024| ~~B. has completed a state-approved course of study~~ | 0025| ~~for the preparation of licensed practical nurses]~~ an approved | 0001| program of nursing for licensure as a licensed practical nurse | 0002| and has graduated or is eligible for graduation." | 0003| Section 14. Section 61-3-19 NMSA 1978 (being Laws 1968, | 0004| Chapter 44, Section 16, as amended) is amended to read: | 0005| "61-3-19. LICENSURE OF LICENSED PRACTICAL NURSES.-- | 0006| A. Applicants for licensure by examination shall be | 0007| required to pass the national licensing examination for | 0008| licensed practical nurses. The applicant who successfully | 0009| passes the examination may be issued by the board a license to | 0010| practice as a licensed practical nurse. | 0011| B. The board may issue a license as a licensed | 0012| practical nurse without an examination to an applicant who has | 0013| been duly licensed by ~~[taking]~~ passing the national | 0014| licensing examination for licensed practical nurses under the | 0015| laws of another state or by passing a state-board-constructed | 0016| licensing examination prior to October 1986 if the | 0017| ~~[applicants meet]~~ applicant meets the qualifications | 0018| required of licensed practical nurses in this state. | 0019| C. The board may issue a license to practice as a | 0020| licensed practical nurse to an applicant licensed under the | 0021| laws of another territory or foreign country if the applicant | 0022| meets the qualifications required of licensed practical nurses | 0023| in this state, is proficient in English and successfully passes | 0024| the national licensing examination for licensed practical | 0025| nurses." | 0001| Section 15. Section 61-3-23.2 NMSA 1978 (being Laws 1991, | 0002| Chapter 190, Section 14, as amended) is amended to read: | 0003| "61-3-23.2. CERTIFIED NURSE PRACTITIONER-- | 0004| QUALIFICATIONS--PRACTICE--EXAMINATION.-- | 0005| A. The board may ~~[endorse]~~ license for | 0006| ~~[expanded]~~ advanced practice as a certified nurse | 0007| practitioner an applicant who furnishes evidence satisfactory | 0008| to the board that the applicant: | 0009| (1) is a registered nurse; | 0010| (2) has successfully completed a | 0011| ~~[post-graduate]~~ graduate program for the education and | 0012| preparation of nurse practitioners; provided that if the | 0013| applicant is initially licensed by the board or a board in | 0014| another jurisdiction after January 1, 2001, the program shall | 0015| be at the master's level or higher; | 0016| (3) has successfully completed the national | 0017| certifying examination in the applicant's specialty area; and | 0018| (4) is certified by a national nursing | 0019| organization. | 0020| B. Certified nurse practitioners may: | 0021| (1) perform an ~~[expanded]~~ advanced | 0022| practice that is beyond the scope of practice of professional | 0023| registered nursing; and | 0024| (2) make independent decisions regarding | 0025| health care needs of the individual, family or community and | 0001| carry out health regimens, including the prescription and | 0002| distributing of dangerous drugs, including controlled | 0003| substances included in Schedules II through V of the Controlled | 0004| Substances Act. | 0005| C. Certified nurse practitioners who have fulfilled | 0006| requirements for prescriptive authority may prescribe in | 0007| accordance with rules, regulations, guidelines and formularies | 0008| for individual certified nurse practitioners promulgated by the | 0009| board. As used in this subsection, "prescriptive authority" | 0010| means the ability of the certified nurse practitioner to | 0011| practice independently, serve as a primary health care provider | 0012| and as necessary collaborate with licensed medical doctors, | 0013| osteopathic physicians or podiatrists. | 0014| D. Certified nurse practitioners who have fulfilled | 0015| requirements for ~~[prescribing drugs]~~ prescriptive authority | 0016| may distribute to their patients dangerous drugs, including | 0017| controlled substances included in Schedules II through V of the | 0018| Controlled Substances Act, that have been prepared, packaged or | 0019| fabricated by a registered pharmacist or doses of drugs that | 0020| have been prepackaged by a pharmaceutical manufacturer in | 0021| accordance with the Pharmacy Act and the New Mexico Drug, | 0022| Device and Cosmetic Act. | 0023| E. Certified nurse practitioners ~~[endorsed]~~ | 0024| licensed by the board on and after December 2, 1985 shall | 0025| successfully complete ~~[the]~~ a national certifying | 0001| examination and shall maintain national | 0002| professional certification in their specialty area. Certified | 0003| nurse practitioners ~~[endorsed]~~ licensed by ~~[the]~~ a | 0004| board prior to December 2, 1985 are not required to sit for a | 0005| national certification examination or be certified by a | 0006| national organization." | 0007| Section 16. Section 61-3-23.3 NMSA 1978 (being Laws 1991, | 0008| Chapter 190, Section 15) is amended to read: | 0009| "61-3-23.3. CERTIFIED REGISTERED NURSE ANESTHETIST-- | 0010| QUALIFICATIONS ~~[ENDORSEMENT]~~ LICENSURE--PRACTICE.-- | 0011| A. The board may ~~[endorse]~~ license for | 0012| ~~[expanded]~~ advanced practice as a certified registered | 0013| nurse anesthetist an applicant who furnishes evidence | 0014| satisfactory to the board that the applicant: | 0015| (1) is a registered nurse; | 0016| (2) ~~[is a graduate of an approved school of~~ | 0017| ~~nurse anesthesia]~~ has successfully completed a nurse | 0018| anesthesia education program accredited by the American | 0019| association of nurse anesthetists' council on accreditation, | 0020| provided that if the applicant is initially licensed by the | 0021| board or a board in another jurisdiction after January 1, 2001, | 0022| the program shall be at a master's level or higher; and | 0023| (3) is certified by the American association | 0024| of nurse anesthetists' council on certification. | 0025| B. A certified registered nurse anesthetist may | 0001| provide pre-operative, intra-operative and post-operative | 0002| anesthesia care and related services in accordance with the | 0003| current American association of nurse anesthetists' guidelines | 0004| for nurse anesthesia practice. | 0005| C. Certified registered nurse anesthetists shall | 0006| function under the direction of and in collaboration with a | 0007| licensed physician, osteopathic physician, dentist or | 0008| podiatrist licensed in New Mexico pursuant to Chapter ~~[60]~~ | 0009| 61, Article ~~[5]~~ 5A, 6, 8 or 10 NMSA 1978 in performing | 0010| the ~~[expanding]~~ advanced practice of nurse anesthesia care. | 0011| As used in this subsection, "collaboration" means the process | 0012| in which a certified registered nurse anesthetist functions | 0013| jointly with a licensed physician, osteopathic physician, | 0014| dentist or podiatrist licensed in New Mexico pursuant to | 0015| Chapter ~~[60, Articles 5]~~ 61, Article | 0016| 5A, 6, 8 or 10 NMSA 1978 to deliver health care services within | 0017| the scope of the certified registered nurse anesthetist's | 0018| expertise. "Collaboration" includes systematic formal planning | 0019| and evaluation between the professionals involved in the | 0020| collaborative practice arrangements." | 0021| Section 17. Section 61-3-23.4 NMSA 1978 (being Laws 1991, | 0022| Chapter 190, Section 16) is amended to read: | 0023| "61-3-23.4. CLINICAL NURSE SPECIALIST--QUALIFICATIONS-- | 0024| ENDORSEMENT.-- | 0025| A. The board may ~~[endorse]~~ license for | 0001| ~~[expanded]~~ advanced practice as a clinical nurse specialist | 0002| an applicant who furnishes evidence satisfactory to the board | 0003| that the applicant: | 0004| ~~[A.]~~ (1) is a registered nurse; | 0005| ~~[B.]~~ (2) has a master's degree or doctoral | 0006| degree in a defined clinical nursing specialty; ~~[and]~~ | 0007| (3) has successfully completed a national | 0008| certifying examination in the applicant's area of specialty; | 0009| and | 0010| ~~[C.]~~ (4) is certified by a national | 0011| nursing organization. | 0012| B. Clinical nurse specialists may: | 0013| (1) perform an advanced practice that is | 0014| beyond the scope of practice of professional registered | 0015| nursing; | 0016| (2) make independent decisions in the area of | 0017| specialty practice using expert knowledge regarding the health | 0018| care needs of the individual, family and community, | 0019| collaborating as necessary with other members of the health | 0020| care team; and | 0021| (3) carry out therapeutic regimens, including | 0022| the prescription and distribution of dangerous drugs. | 0023| C. A clinical nurse specialist who has fulfilled | 0024| the requirements for prescriptive authority is authorized to | 0025| prescribe, administer and distribute therapeutic measures, | 0001| including dangerous drugs and controlled substances included in | 0002| Schedules II through V of the Controlled Substances Act within | 0003| the scope of specialty practice, including controlled | 0004| substances pursuant to the Controlled Substances Act that have | 0005| been prepared, packaged or fabricated by a registered | 0006| pharmacist or doses of drugs that have been prepackaged by a | 0007| pharmaceutical manufacturer in accordance with the Pharmacy Act | 0008| and the New Mexico Drug, Device and Cosmetic Act. | 0009| D. Clinical nurse specialists who have fulfilled | 0010| the requirements for prescriptive authority may prescribe in | 0011| accordance with rules, regulations, guidelines and formularies | 0012| for individual clinical nurse specialists promulgated by the | 0013| board. | 0014| E. Clinical nurse specialists licensed by the board | 0015| shall maintain certification in their specialty area." | 0016| Section 18. Section 61-3-24 NMSA 1978 (being Laws 1968, | 0017| Chapter 44, Section 20, as amended) is amended to read: | 0018| "61-3-24. RENEWAL OF LICENSES.-- | 0019| A. Any person licensed ~~[under]~~ pursuant to the | 0020| provisions of the Nursing Practice Act who intends to continue | 0021| practice shall renew the license ~~[biennially]~~ every two | 0022| years by the end of the applicant's ~~[birthday]~~ birth month | 0023| except when on active military duty during a military action. | 0024| B. At least six weeks before the end of the | 0025| ~~[birthday]~~ birth month, the board shall mail to the | 0001| licensee an application blank, which shall be returned to the | 0002| board before the end of the ~~[birthday]~~ birth month, | 0003| together with proof of completion of continuing education | 0004| requirements as required by the board and the renewal fee set | 0005| by the board in an amount not to exceed one hundred dollars | 0006| ($100). | 0007| C. Upon receipt of the application and fee, the | 0008| board shall verify the ~~[accuracy of the application]~~ | 0009| licensee's eligibility for continued licensure and issue to | 0010| the applicant a ~~[certificate of]~~ renewal license for ~~[the~~ | 0011| ~~biennium]~~ two years. Renewal shall render the holder a | 0012| legal practitioner of nursing for the period stated on the | 0013| renewal ~~[certificate]~~ license. | 0014| D. Applicants for renewal who have not been | 0015| actually engaged in nursing for five years or more shall | 0016| furnish the board evidence of having completed refresher | 0017| courses of continuing education as required by regulations | 0018| adopted by the board. | 0019| E. Any person who allows his license to lapse by | 0020| failure to secure renewal as provided in this section shall be | 0021| reinstated by the board on payment of the fee for the current | 0022| ~~[biennium]~~ two years plus a reinstatement fee to be set by | 0023| the board in an amount that shall not exceed two hundred | 0024| dollars ($200), provided that all requirements have been met." | 0025| Section 19. Section 61-3-29 NMSA 1978 (being Laws 1968, | 0001| Chapter 44, Section 25, as amended) is amended to read: | 0002| "61-3-29. EXCEPTIONS.--The Nursing Practice Act shall not | 0003| apply to or affect: | 0004| A. gratuitous nursing by friends or members of the | 0005| family; | 0006| B. nursing assistance in case of emergencies; | 0007| C. nursing by students when enrolled in approved | 0008| schools of nursing or approved courses for the education of | 0009| professional or practical nurses when such nursing is part of | 0010| the educational program; | 0011| D. nursing in this state by a legally licensed | 0012| nurse of another state whose employment requires the nurse to | 0013| ~~[accompany]~~ transport a citizen of this state or who is a | 0014| camp nurse who accompanies and ~~[care]~~ cares for a patient | 0015| temporarily residing in this state, provided that the | 0016| ~~[temporary residence]~~ nurse's practice in this state does | 0017| not exceed three months and the nurse does not claim to be | 0018| licensed in this state; | 0019| E. nursing in this state by any person who is | 0020| employed by the United States government or any bureau, | 0021| division or agency thereof, while in the discharge of his | 0022| official duties; | 0023| F. the practice of midwifery by any person other | 0024| than a registered nurse who is certified or licensed in this | 0025| state to practice midwifery; | 0001| G. any person working as a home health aide, unless | 0002| performing acts defined as professional nursing or practical | 0003| nursing ~~[under]~~ pursuant to the Nursing Practice Act; | 0004| H. any nursing aide or orderly, unless performing | 0005| acts defined as professional nursing or practical nursing | 0006| ~~[under]~~ pursuant to the Nursing Practice Act; | 0007| I. any registered nurse holding a current license | 0008| in another jurisdiction who is enrolled in any professional | 0009| course requiring nursing practice as a part of the educational | 0010| program; | 0011| J. performance by a personal care provider in a | 0012| noninstitutional setting of bowel and bladder assistance for an | 0013| individual whom a health care provider certifies is stable, not | 0014| currently in need of medical care and able to communicate and | 0015| assess his own needs; or | 0016| K. medication aides working in licensed | 0017| intermediate care facilities for the mentally retarded or | 0018| serving persons who are participating in the developmentally | 0019| disabled medicaid waiver program and who have completed a | 0020| board-approved medication aide training program and who are | 0021| certified by the board to administer routine oral medications, | 0022| which may be expanded to include all medications except | 0023| subcutaneous, intramuscular and intravenous injections, unless | 0024| the medication aide is performing acts defined as professional | 0025| or practical nursing under the Nursing Practice Act." | 0001| Section 20. Section 61-3-29.1 NMSA 1978 (being Laws 1987, | 0002| Chapter 285, Section 1, as amended by Laws 1991, Chapter 190, | 0003| Section 21 and also by Laws 1991, Chapter 253, Section 2) is | 0004| amended to read: | 0005| "61-3-29.1. DIVERSION PROGRAM CREATED--ADVISORY | 0006| COMMITTEE--RENEWAL FEE--REQUIREMENTS--IMMUNITY FROM CIVIL | 0007| ACTIONS.-- | 0008| A. The board shall establish a diversion program to | 0009| rehabilitate nurses whose competencies may be impaired because | 0010| of the abuse of drugs or alcohol so that nurses can be treated | 0011| and returned to or continue the practice of nursing in a manner | 0012| that will benefit the public. The intent of the diversion | 0013| program is to develop a voluntary alternative to traditional | 0014| disciplinary actions and an alternative to lengthy and costly | 0015| investigations and administrative proceedings against such | 0016| nurses, at the same time providing adequate safeguards for the | 0017| public. | 0018| B. The board shall appoint one or more | 0019| ~~[diversion]~~ evaluation ~~[advisory]~~ committees, hereinafter | 0020| called ~~[the]~~ "regional advisory ~~[committee]~~ | 0021| committees", each of which shall be composed of ~~[at least~~ | 0022| ~~five]~~ members with expertise in chemical dependency; ~~[Two~~ | 0023| ~~members of each advisory committee shall be registered nurses~~ | 0024| ~~and one member shall be a licensed practical nurse]~~ at least | 0025| one member shall be a registered nurse. No current member of | 0001| the board shall be appointed to ~~[an]~~ a regional advisory | 0002| committee. The executive officer of the board or his designee | 0003| shall be the liaison between each regional advisory committee | 0004| and the board. | 0005| C. Each regional advisory committee shall | 0006| function under the direction of the board and in accordance | 0007| with regulations of the board. The regulations shall include | 0008| directions to ~~[an]~~ a regional advisory committee to: | 0009| (1) establish criteria for ~~[admission and]~~ | 0010| continuance in the program; | 0011| ~~[(2) review sworn complaints filed with the~~ | 0012| ~~board against a licensed nurse involving drug abuse or alcohol;~~ | 0013| ~~(3) review voluntary requests of each nurse~~ | 0014| ~~requesting diversion;~~ | 0015| ~~(4)]~~ (2) develop a written diversion | 0016| ~~[agreement]~~ program contract to be approved by the board | 0017| ~~[which]~~ that sets forth the requirements that shall be met | 0018| by the nurse and the conditions under which the diversion | 0019| program may be successfully completed or terminated; | 0020| ~~[(5)]~~ (3) recommend to the board in favor | 0021| of or against each nurse's ~~[admission into and release]~~ | 0022| discharge from ~~[a]~~ the diversion program; | 0023| ~~[(6) receive and review all reports regarding~~ | 0024| ~~each nurse's progress in treatment and recovery;]~~ | 0025| (4) evaluate each nurse's progress in | 0001| recovery and compliance with his diversion program contract; | 0002| ~~[(7)]~~ (5) report violations to the board; | 0003| ~~[(8)]~~ (6) submit ~~[statistical reports]~~ | 0004| an annual report to the board; and | 0005| ~~[(9)]~~ (7) coordinate educational programs | 0006| and research related to chemically dependent nurses ~~[and~~ | 0007| ~~(10) monitor peer-assistant and employee-~~ | 0008| ~~assistant programs in the state]~~. | 0009| D. The board may increase the renewal fee for each | 0010| nurse in the state not to exceed twenty dollars ($20.00) for | 0011| the purpose of implementing and maintaining the diversion | 0012| program. | 0013| E. Files of nurses in the diversion program shall | 0014| be maintained in the board office and shall be confidential | 0015| except for making a report to the board concerning any nurse | 0016| who is not cooperating and complying with the diversion | 0017| ~~[agreement]~~ program contract. However, such files shall be | 0018| subject to discovery or subpoena. The confidential provisions | 0019| of this subsection are of no effect if the nurse admitted to | 0020| the diversion program leaves the state prior to the completion | 0021| of the program. | 0022| F. Any person making a report to the board or to | 0023| ~~[an]~~ a regional advisory committee regarding a nurse | 0024| suspected of practicing nursing while habitually intemperate or | 0025| addicted to the use of habit-forming drugs or making a report | 0001| of a nurse's progress or lack of progress in rehabilitation | 0002| shall be immune from civil action for defamation or other cause | 0003| of action resulting from such reports, provided such reports | 0004| are made in good faith and with some reasonable basis in fact. | 0005| G. Any person admitted to the diversion program for | 0006| chemically dependent nurses who fails to comply with the | 0007| provisions of this section or with the rules and regulations | 0008| adopted by the board pursuant to this section or with the | 0009| written diversion ~~[agreement]~~ program contract or with any | 0010| amendments to the written diversion ~~[agreement]~~ program | 0011| contract may be subject to disciplinary action in accordance | 0012| with Section 61-3-28 NMSA 1978." | 0013| Section 21. Section 61-3-31 NMSA 1978 (being Laws 1979, | 0014| Chapter 379, Section 11, as amended by Laws 1991, Chapter 189, | 0015| Section 4 and also by Laws 1991, Chapter 190, Section 23) is | 0016| amended to read: | 0017| "61-3-31. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.-- | 0018| The board of nursing is terminated on ~~[July 1, 1997]~~ July 1, | 0019| 2003 pursuant to the Sunset Act. The board shall continue to | 0020| operate according to the provisions of Chapter 61, Article 3 | 0021| NMSA 1978 until ~~[July 1, 1998]~~ July 1, 2004. Effective | 0022| ~~[July 1, 1998, Article 3]~~ July 1, 2004, Chapter 61, | 0023| Article 3 NMSA 1978 is repealed." | 0024| State of New Mexico | 0025| House of Representatives | 0001| | 0002| FORTY-THIRD LEGISLATURE | 0003| FIRST SESSION, 1997 | 0004| | 0005| | 0006| February 27, 1997 | 0007| | 0008| | 0009| Mr. Speaker: | 0010| | 0011| Your BUSINESS AND INDUSTRY COMMITTEE, to whom | 0012| has been referred | 0013| | 0014| HOUSE BILL 939 | 0015| | 0016| has had it under consideration and reports same with | 0017| recommendation that it DO PASS, and thence referred to the | 0018| CONSUMER AND PUBLIC AFFAIRS COMMITTEE. | 0019| | 0020| Respectfully submitted, | 0021| | 0022| | 0023| | 0024| | 0025| | 0001| Fred Luna, Chairman | 0002| | 0003| | 0004| Adopted Not Adopted | 0005| | 0006| (Chief Clerk) (Chief Clerk) | 0007| | 0008| Date | 0009| | 0010| The roll call vote was 9 For 0 Against | 0011| Yes: 9 | 0012| Excused: Alwin, Lutz, Olguin | 0013| Absent: Getty | 0014| | 0015| | 0016| G:\BILLTEXT\BILLW_97\H0939 State of New Mexico | 0017| House of Representatives | 0018| | 0019| FORTY-THIRD LEGISLATURE | 0020| FIRST SESSION, 1997 | 0021| | 0022| | 0023| March 6, 1997 | 0024| | 0025| | 0001| Mr. Speaker: | 0002| | 0003| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to | 0004| whom has been referred | 0005| | 0006| HOUSE BILL 939 | 0007| | 0008| has had it under consideration and reports same with | 0009| recommendation that it DO PASS, amended as follows: | 0010| | 0011| | 0012| 1. On page 1, line 18, strike ", TO CHANGE" and strike line | 0013| 19 in its entirety and insert "AND TO". | 0014| | 0015| 2. On page 25, line 25, strike "and". | 0016| | 0017| 3. On page 26, line 4, strike the period and the closing | 0018| quotation mark and insert in lieu thereof "; and". | 0019| | 0020| 4. On page 26, between lines 4 and 5, insert the following: | 0021| | 0022| "M. "scope of practice" means the parameters within | 0023| which nurses practice based upon education, experience, | 0024| licensure, certification and expertise."". | 0025| | 0001| 5. On page 26, line 15, remove the brackets and line | 0002| through the second "or". | 0003| | 0004| 6. On page 26, line 17, strike "; or" and insert in lieu | 0005| thereof a period. | 0006| | 0007| 7. On page 26, strike paragraph (4) in its entirety. | 0008| | 0009| 8. On page 28, between lines 2 and 3, insert the following | 0010| new subsection: | 0011| | 0012| "F. No licensed nurse shall be prohibited from | 0013| identifying himself or his licensure status.". | 0014| | 0015| 9. On page 28 through 31, strike Section 6 in its entirety. | 0016| | 0017| 10. Renumber succeeding sections accordingly. | 0018| | 0019| 11. On page 48, line 14, strike "the" and insert in lieu | 0020| thereof "a specialized". | 0021| | 0022| 12. On page 48, line 15, strike "specialty" and insert in | 0023| lieu thereof "nursing". | 0024| | 0025| 13. On page 48, line 18, after "team" insert "when the | 0001| health care need is beyond the scope of practice of the clinical | 0002| nurse specialist". | 0003| | 0004| 14. On page 48, line 19, after "regimens" insert "in the | 0005| area of specialty practice". | 0006| | 0007| 15. On page 48, line 22, after "authority" insert "in the | 0008| area of specialty practice". | 0009| | 0010| 16. On page 49, line 8, after "authority" insert "in the | 0011| area of specialty practice". | 0012| | 0013| 17. On page 49, line 9, after "formularies" insert "based | 0014| on scope of practice and clinical setting". | 0015| | 0016| 18. On page 56, strike Section 21 in its entirety. | 0017| | 0018| Respectfully submitted, | 0019| | 0020| | 0021| | 0022| | 0023| | 0024| Gary King, Chairman | 0025| | 0001| | 0002| Adopted Not Adopted | 0003| | 0004| (Chief Clerk) (Chief Clerk) | 0005| | 0006| Date | 0007| | 0008| The roll call vote was 5 For 2 Against | 0009| Yes: 5 | 0010| No: Crook, Johnson | 0011| Excused: Rios, Sandel, Vigil | 0012| Absent: None | 0013| | 0014| | 0015| .118160.1 | 0016| .118087.1 | 0017| G:\BILLTEXT\BILLW_97\H0939 | 0018| | 0019| FORTY-THIRD LEGISLATURE | 0020| FIRST SESSION, 1997 | 0021| | 0022| | 0023| March 12, 1997 | 0024| | 0025| Mr. President: | 0001| | 0002| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to | 0003| whom has been referred | 0004| | 0005| HOUSE BILL 939 | 0006| | 0007| has had it under consideration and reports same with | 0008| recommendation that it DO PASS, and thence referred to the | 0009| PUBLIC AFFAIRS COMMITTEE. | 0010| | 0011| Respectfully submitted, | 0012| | 0013| | 0014| | 0015| | 0016| __________________________________ | 0017| Roman M. Maes, III, Chairman | 0018| | 0019| | 0020| | 0021| Adopted_______________________ Not | 0022| Adopted_______________________ | 0023| (Chief Clerk) (Chief Clerk) | 0024| | 0025| | 0001| Date ________________________ | 0002| | 0003| | 0004| The roll call vote was 7 For 0 Against | 0005| Yes: 7 | 0006| No: 0 | 0007| Excused: Fidel, Griego, Robinson | 0008| Absent: None | 0009| | 0010| | 0011| H0939CT1 | 0012| | 0013| | 0014| | 0015| FORTY-THIRD LEGISLATURE | 0016| FIRST SESSION, 1997 HB 939/a | 0017| | 0018| | 0019| March 16, 1997 | 0020| | 0021| Mr. President: | 0022| | 0023| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0024| referred | 0025| | 0001| HOUSE BILL 939, as amended | 0002| | 0003| has had it under consideration and reports same with | 0004| recommendation that it DO PASS, amended as follows: | 0005| | 0006| 1. On page 40, line 9, after the first occurrence of | 0007| "program" insert "and other department of health adult | 0008| developmental disabilities programs". | 0009| | 0010| 2. On page 40, line 11, after the first occurrence of | 0011| "program" insert "and other department of health adult | 0012| developmental disabilities programs". | 0013| | 0014| 3. On page 40, line 11, after "the period" strike the | 0015| remainder of the line, strike lines 12 and 13 in their entirety | 0016| and insert in lieu thereof: | 0017| | 0018| "The trial program shall become a permanent program upon the | 0019| authorization of the board. The determination shall be made by | 0020| the board by July 1, 1998.". | 0021| | 0022| 4. On page 40, line 18, after "participants" insert "and | 0023| other department of health adult developmental disabilities | 0024| program participants". | 0025| | 0001| 5. On page 41, line 2, after "program" insert "and other | 0002| department of health adult developmental disabilities programs". | 0003| | 0004| 6. On page 41, line 4, after "program" insert "and other | 0005| department of health adult developmental disabilities programs". | 0006| | 0007| Respectfully submitted, | 0008| | 0009| | 0010| | 0011| | 0012| __________________________________ | 0013| Shannon Robinson, Chairman | 0014| | 0015| | 0016| | 0017| Adopted_______________________ Not | 0018| Adopted_______________________ | 0019| (Chief Clerk) (Chief Clerk) | 0020| | 0021| | 0022| Date ________________________ | 0023| | 0024| | 0025| The roll call vote was 5 For 0 Against | 0001| Yes: 5 | 0002| No: 0 | 0003| Excused: Boitano, Garcia, Ingle, Rodarte | 0004| Absent: None | 0005| | 0006| | 0007| | 0008| | 0009| H0939PA1 .119027.1 | 0010| | 0011| FORTY-THIRD LEGISLATURE | 0012| FIRST SESSION | 0013| | 0014| | 0015| March 17, 1997 | 0016| | 0017| | 0018| SENATE FLOOR AMENDMENT number _______ to HOUSE BILL 939, as | 0019| amended | 0020| | 0021| Amendment sponsored by Senator Timothy Z. Jennings | 0022| | 0023| | 0024| 1. Strike Senate Public Affairs Committee Amendments 1 | 0025| through 6. | 0001| | 0002| 2. On page 40, strike lines 4 through 13 and insert in lieu | 0003| thereof the following: | 0004| | 0005| ""61-3-10.3. MEDICATION AIDES.-- | 0006| | 0007| A. This section provides for the operation of a | 0008| statewide program for certification or medication aides and | 0009| medication aide training programs to serve persons with | 0010| developmental disabilities in programs that are funded by the | 0011| department of health.". | 0012| | 0013| 3. On page 40, lines 17 and 18, strike "to medicaid waiver | 0014| program participants". | 0015| | 0016| 4. On page 41, strike line 1 and on line 2, strike | 0017| "program" and insert in lieu thereof "persons with developmental | 0018| disabilities in programs that are funded by the department of | 0019| health,". | 0020| | 0021| 5. On page 41, lines 3 and 4, strike "who serve | 0022| participants in the developmentally disabled medicaid waiver | 0023| program". | 0024| | 0025| | 0001| __________________________ | 0002| Timothy Z. Jennings | 0003| | 0004| | 0005| Adopted ___________________ Not Adopted _______________________ | 0006| (Chief Clerk) (Chief Clerk) | 0007| | 0008| | 0009| Date _________________ |