New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 12 - NURSING AND HEALTH CARE RELATED PROVIDERS
Part 11 - LACTATION CARE PROVIDERS
Section 16.12.11.11 - LICENSURE REQUIREMENTS
Universal Citation: 16 NM Admin Code 16.12.11.11
Current through Register Vol. 35, No. 18, September 24, 2024
A. Requirements for licensure:
(1) Be at least 18
years of age.
(2) Hold an approved
certification as a lactation care provider.
(3) Complete the required board application
form in the specified deadline and remit the required fee. The board may
require additional information in the application, including demographics,
information on practice status, and education; which will be for data
collection purposes only and shall not affect approval of the
application.
(4) Submission of
applicant's fingerprint cards to the federal bureau of investigation to conduct
a national criminal history background check and to the New Mexico department
of public safety to conduct a state criminal history check. If a criminal
background check reveals a conviction or other history that may be cause for
denial of the license, the board may request additional documents or other
information be submitted to determine whether a license should be
granted.
(5) Only complete
applications should be submitted to the board. An incomplete application may be
denied.
B. Expedited licensure:
(1) The board will issue an
expedited license to a qualified applicant based on prior licensure in an
eligible jurisdiction other than New Mexico upon an applicant's submission of a
complete application containing all of the following:
(a) a completed and signed application
form;
(b) proof of current
licensure in an eligible jurisdiction;
(c) proof of good standing for the license
held by the applicant in an eligible jurisdiction;
(d) submission of fingerprints and other
information necessary for a state and national background check; and
(e) payment of the required application
fee.
(2) An expedited
license application shall not be deemed complete until the applicant has
submitted, and the board's staff is in receipt of, all of the materials
required by Subsection B Section
61-3B-4 NMSA 1978, including
documentation from third parties.
(3) Upon submission of a complete
application, the board's staff shall process the application and issue the
expedited license to the applicant within 30 days unless the applicant has a
disqualifying criminal conviction or the board may have other cause to deny the
application pursuant to Section
61-3B-6 NMSA 1978.
(4) If the applicant has a disqualifying
criminal conviction or the board may have other cause to deny the application
pursuant to Section
61-3B-6 NMSA 1978:
(a) the license may not be issued within 30
days of submission of the complete application;
(b) the matter of the applicant's application
shall be submitted to the board for consideration and action at its next
available regular meeting; and
(c)
the board may vote to grant the application or refer the matter to its
administrative prosecutor contemplating the ultimate denial of the application
as provided by the board's rules.
(5) Renewal of expedited licenses:
(a) A licensee holding an expedited license
may apply for license renewal beginning 60 days prior to expiration of the
expedited license, as provided by the board's rules.
(b) Upon renewal, an expedited license shall
become a regular license.
(6) Eligible and ineligible jurisdictions:
(a) The board will accept expedited license
applications on the basis of prior licensure in any jurisdiction within the
United States without exception.
(b) The board will accept expedited license
applications on the basis of prior licensure in the following jurisdictions
outside the United States: Canada.
C. Expedited licensure for military service members and veterans:
(1) The board will issue
an expedited license to an applicant who is a military service member or
veteran based on prior licensure in a jurisdiction other than New Mexico upon
the applicant's submission of a complete application containing all of the
following:
(a) a completed and signed
application form;
(b) proof of
current licensure in another jurisdiction;
(c) proof of good standing for the
applicant's out of state license;
(d) submission of fingerprints and other
information necessary for a state and national background check; and
(e) Submission of the following
documentation:
(i) for military service
member: a copy of military orders;
(ii) for spouse of military service members:
copy of military service member's military orders, and copy of marriage
license;
(iii) for spouses of
deceased military service members: copy of decedent's DD 214 and copy of
marriage license;
(iv) for
dependent children of military service members: a copy of military service
member's orders listing dependent child, or a copy of military orders and one
of the following: a copy of birth certificate, military service member's
federal tax return or other governmental or judicial documentation establishing
dependency;
(v) for veterans
(retired or separated): a copy of DD 214 showing proof of honorable
discharge.
(2)
An expedited license application shall not be deemed complete until the
applicant has submitted, and the board's staff is in receipt of, all of the
materials required by Subsection B Section
61-3B-4 NMSA 1978, including
documentation from third parties.
(3) Upon submission of a complete
application, the board's staff shall process the application and issue the
expedited license to the applicant within 30 days unless the applicant has a
disqualifying criminal conviction or the board may have other cause to deny the
application pursuant to Section
61-3-28 NMSA 1978.
(4) If the applicant has a disqualifying
criminal conviction or the board may have other cause to deny the application
pursuant to Section
61-3-28 NMSA 1978:
(a) the license may not be issued within 30
days of submission of the complete application;
(b) the matter of the applicant's application
shall be submitted to the board for consideration and action at its next
available regular meeting; and
(c)
the board may vote to grant the application or refer the matter to its
administrative prosecutor contemplating the ultimate denial of the application
as provided by the board's rules.
(5) Duration of military expedited licenses:
(a) The first licensure period will be for
one year from the issuance of the license. Continuing education will be
prorated.
(b) The first renewal
period will be for two years from the date of the first expiration date of the
first licensure period. Military service members and veterans shall submit all
required applications and continuing education for renewal.
(6) Military service members and veterans
shall not pay and the board shall not charge a licensing fee for the first
three years for a license issued pursuant to this rule.
D. Requirements for renewal of license:
(1) Complete the required renewal application
form in the specified deadline and remit the required fee to the board. The
board may require additional information in the application, including
demographics, information on practice status, and education; which will be for
data collection purposes only and shall not affect the application approval.
Renewal applications should be submitted at least 30, but no more than 60 days
prior to the expiration of the license.
(2) Maintain a current approved certification
recognized by the board.
(3)
Complete all required continuing education hours and indicate compliance on the
renewal application.
(4) Licensees
mobilized for active duty, other than training, are not required to renew their
license while deployed on active duty and will not be subject to a
reinstatement fee. A copy of the mobilization orders must be submitted to the
board office prior to expiration of the license or within 30 days upon return
from active duty.
(5) A renewal
notice shall be sent to the licensee at least six weeks prior to the end of the
renewal month. Failure to receive notice renewal shall not relieve the licensee
of the responsibility of renewing the license by the expiration date.
E. Requirements for reinstatement of license:
(1) Complete any required
reinstatement form and remit the required fee to the board.
(2) Maintain a current approved certification
recognized by the board.
(3) A
reinstated license shall be valid for two years.
F. Requirement to maintain current name and address:
(1) A licensee shall report to the
board in writing or other method accepted by the board, of any change of name,
or change in mailing address. Failure to update the board of any name or
address change within thirty days shall be a violation of the board rules and
may result in disciplinary action.
(2) A licensee must use their name as it
appears on the current license until a name change is processed by the board.
Name change can be submitted with license renewal or at any time by submitting
a copy of the legal document required for name change (only recorded marriage
certificate, divorce decree or court order accepted).
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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