New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 11 - MIDWIVES
Part 3 - LICENSED MIDWIVES
Section 16.11.3.14 - RESPONSIBILITIES AND SCOPE OF PRACTICE

A. Scope of practice: The licensed midwife may independently manage health care services related to the antepartum, intrapartum, and postpartum period for people without general health or obstetrical complications. The LM may provide normal newborn care for up to six weeks of age. The LM may provide non-pharmacological family planning and routine reproductive health care with training and experience. A LM will consult, collaborate, or refer to other health professionals for client care issues outside of their area of competency. LMs have authority to purchase and use specific drugs and medications as outlined in the department-approved formulary as set forth in "department of health practice guidelines for New Mexico licensed midwives". A LM practices in accordance with the "department of health practice guidelines for New Mexico licensed midwives" and the "standards and core competencies of practice for licensed midwives in New Mexico".

B. Responsibility to consult: It shall be the responsibility of the midwife to develop a means for consultation with or referral/transfer to a physician, certified nurse-midwife (CNM), or hospital if there are significant deviations from the normal in the health status of either birthing persons or newborns as set out in the "department of health practice guidelines for New Mexico licensed midwives".

C. Informed consent: If the LM is providing birth care, the LM must obtain written, informed consent regarding the care to be provided by the licensed midwife from the client upon accepting the client into care. The signed informed consent form must be filed in the client's record, and a copy must be provided to the client. Informed consent shall be a written statement signed by the licensee and the client, in which the licensee certifies that full disclosure of the following information, at a minimum, has been made and acknowledged by the client:

D. The licensed midwife may not accept a client for care who does not meet the minimum criteria set out in the "department of health practice guidelines for New Mexico licensed midwives".

E. Birth registration: The licensed midwife must complete a New Mexico certificate of live birth registration and file it with the bureau of vital records and health statistics of the department of health within 10 days of the birth of any child in the state of New Mexico. No licensed midwife shall register nor enable any other party to register as a New Mexico birth any child not born in the state. Failure to meet the vital records regulations shall be grounds for disciplinary action.

F. Records: The licensed midwife will document and maintain clients' records according to current "department of health practice guidelines for New Mexico". Inactive records shall be maintained no less than 25 years.

G. Mortality reporting: The licensed midwife must report within 48 hours to the division any neonatal or maternal mortality, including stillbirths, in clients for whom the LM has cared for in the perinatal period as set forth in the "department of health practice guidelines for New Mexico licensed midwives".

H. Reportable diseases: The licensed midwife must report any reportable contagious disease to the public health officer pursuant to the Public Health Act, 24-1-15 NMSA 1978.

I. The licensed midwife shall participate in peer review at least once every two years in accordance with the requirements of the division.

J. Annual reports: At time of license renewal, each licensed midwife shall submit a report on a divison-approved form of the disposition of each client the LM has given care to for the previous 24 months. Note that this annual reporting does not preclude the immediate reporting of maternal or neonatal mortality or stillborn cases.

K. Changes of contact information: A licensed midwife must report a change of name, address, phone number, email, or other contact information within 30 days of the change.

L. Other rules: a LM shall fulfill the requirements of all relevant department rules including:

M. Guidelines: In the absence of specific direction in these regulations as to standard of practice or ethics, the "standards and core competencies of practice for licensed midwives in New Mexico" and the "department of health practice guidelines for New Mexico licensed midwives" approved by the division, which contains the procedures and policies of the department of health and division which are adopted as standards of practice and are incorporated by reference herein.