New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 11 - MIDWIVES
Part 2 - CERTIFIED NURSE - MIDWIVES
Section 16.11.2.9 - LICENSURE

Universal Citation: 16 NM Admin Code 16.11.2.9

Current through Register Vol. 35, No. 18, September 24, 2024

A. Licensure requirements: A CNM practicing in New Mexico shall hold an active license that meets the New Mexico board of nursing's requirement to practice as a registered nurse in New Mexico and shall hold current certification by AMCB or its designee. The department may deny licensure, including renewal, reinstatement, or reactivation of licensure, to a CNM whose midwifery or nursing license has been subject to disciplinary action in any jurisdiction. If denied due to disciplinary action, re-application will only be considered after a minimum of one year from date of initial denial, and the re-application must be accompanied by full disclosure and complete record of previous actions. A CNM license is not transferable.

B. Initial licensure:

(1) An applicant for licensure to practice as a CNM in New Mexico shall submit to the department via the electronic professional licensing management system:
(a) a completed application;

(b) proof of holding a valid license that meets the New Mexico board of nursing's requirement to practice as a registered nurse in New Mexico;

(c) proof of current certification by AMCB or its designee;

(d) the fee designated in Subsection E of 16.11.2.9 NMAC.

(2) An initial CNM license may be issued at any time upon submission and verification of the materials required in Paragraph (1) of this subsection and shall expire on the last day of the month of the CNM's birth month. A CNM license shall be valid for a maximum of two years.

(3) If the licensure process is not completed, the application becomes null and void one year after the date of application being received, and fees paid are not refundable.

(4) If a license is denied due to disciplinary action on initial application, the applicant may reapply after one year and upon meeting all the requirements under Subsection B of 16.11.2.9 NMAC.

(5) Any final action denying a license to an applicant is an event reportable to the NPDB.

C. Licensure renewal:

(1) A CNM's renewed license shall expire on the last day of the month of the CNM's birth month of the second year after it is issued.

(2) An applicant for licensure renewal shall submit to the department via the electronic professional licensing management system:
(a) a completed application electronically submitted by the fifth day of the month of the expiration of the CNM license;

(b) proof of holding a valid license that meets the requirement of the New Mexico board of nursing to practice as a registered nurse in New Mexico for the period the renewed CNM license will cover;

(c) proof of current certification by AMCB or its designee;

(d) proof of having met the continuing education and quality management requirements in Paragraphs (3) and (4) of this subsection; and

(e) the fee designated in Subsection E of this section;

(f) an additional fee designated in Subsection E of this section for applications electronically submitted after the fifth day of the month after the license is expiring.

(3) Continuing education: CNMs must complete a minimum of 30 contact hours during the two years preceding license renewal.
(a) 15 of the contact hours shall be pharmacology-related. As part of the pharmacology-related contact hours, a CNM who holds a CNM license shall submit with the first license renewal application proof of completing a minimum of five contact hours on any of the following topics:
(i) the CNM rule as it applies to management of chronic pain,

(ii) the pharmacology and risks of controlled substances,

(iii) the problems of substance use disorder and addiction, or

(iv) state and federal regulations for the prescription of controlled substances.

(b) With each subsequent license renewal application, a CNM shall submit proof of completing a minimum of two contact hours on the above topics.

(c) A minimum of two of the contact hours shall be focused on health equity. Acceptable content includes but is not limited to:
(i) Implicit bias training to identify strategies to reduce bias during assessment, diagnosis, and care. This may include, but is not limited to training in bias, racism, and poverty, that manifest as health inequities.

(ii) Development of individual and system level interventions and self-reflection to assess how the CNM's social position can influence their relationship with clients and their communities.

(iii) Skills to enable a health care professional to care effectively for clients from diverse cultures, groups, and communities and apply health equity concepts into practices.

(d) The following options, subject to audit and approval by the department, may be accepted in place of continuing education contact hours, except for the pharmacology-related contact hours requirement:
(i) preparation and presentation of a nurse-midwifery topic that has received contact hour approval by any of the organizations listed in Subsection C of 16.11.2.10 NMAC, will count for twice the number of contact hours for which the presentation is approved with a maximum award of 15 contact hours per licensure period; the same presentation cannot be credited more than once;

(ii) sole or primary authorship of one nurse-midwifery related article published in a department-approved professional medical or midwifery journal may be accepted in place of 10 contact hours per licensure period;

(iii) completion of a formal university or college course directly related to nurse-midwifery practice; each university or college unit shall be credited as 15 hours of continuing education for a semester system and 10 hours of continuing education for a quarter system; and

(iv) acting as preceptor for a midwifery student; each 10 hours of precepting shall be credited as one continuing education hour, with maximum award of 10 contact hours; verification shall be provided by an accreditation commission for midwifery education (ACME) accredited nurse-midwifery education program or can be verified by a division-approved form. This option shall not be accepted in place of pharmacology-related contact hours.

(4) Quality management: documentation of participation during the preceding two years in a system of quality management meeting the approval of the department is required for license renewal. Quality management includes peer review, quality assurance and quality improvement as defined in Subsection S of 16.11.2.7 NMAC, Subsection W of 16.11.2.7 NMAC, and Subsection X of 16.11.2.7 NMAC.

(5) If license renewal is denied, the applicant may request an administrative hearing under the terms set forth by Paragraph (5) of Subsection C of 16.11.2.12 NMAC.

D. Reactivation of a CNM license:

(1) A lapsed license occurs on the first day of the following month following the expiration date of the current license if license not renewed on time, and a CNM must apply for reactivation of the license, paying all added fees before being allowed to practice. A CNM may not work with a lapsed license or disciplinary action will be taken.

(2) The requirements for reactivation of a CNM license that has voluntarily lapsed in status or for an applicant that is returning to New Mexico are the same as those for license renewal, listed in Paragraph (2) of Subsection C of 16.11.2.9 NMAC, except the applicant must pay the additional fee for reactivation pursuant to Subsection F of 16.12.2.9 NMAC.

(3) The license will be reactivated with the original license number.

E. Reinstatement of a CNM license:

(1) The requirements for reinstatement of a revoked or suspended CNM license are the same as those for license renewal, listed in Paragraph (2) of Subsection C of 16.11.2.9 NMAC, except that the fee is higher than a renewal, as designated in Subsection F of 16.11.2.9 NMAC.

(2) The license will be reinstated with the original license number.

F. Fees: the department shall charge applicants the following fees for licensure services:

(1) two hundred dollars ($200) for initial licensure;

(2) one hundred dollars ($100) for license renewal;

(3) one hundred and fifty dollars ($150.00) late fee for renewing a license when the complete application is not electronically submitted by the fifth calendar day of the month of the current license's expiration date or for voluntary lapse of a license; this fee is in addition to the renewal fee;

(4) two hundred dollars ($200.00) for reinstatement of a revoked or suspended license, or reactivation of a lapsed license; this fee is in addition to the renewal fee;

(5) twenty-five dollars ($25.00) for verifying licenses by FAX or letter;

(6) fifty dollars ($50.00) for rejected electronic payment for insufficient funds.

G. Change of address or other contact information: a CNM shall submit a change of any contact information to the department's electronic professional licensing management system within 30 days of the change; failure to update information within this time frame may result in disciplinary action.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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