AN ACT

RELATING TO NURSING; AMENDING THE NURSING PRACTICE ACT TO UNIFY THE SEVERAL MEDICATION AIDES PROGRAMS; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY.

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

     Section 1. Section 61-3-10.2 NMSA 1978 (being Laws 1991, Chapter 209, Section 1, as amended) is amended to read:

     "61-3-10.2. MEDICATION AIDES.--

          A. A statewide program for certification of medication aides and medication aide training programs is created under the board of nursing.

          B. For the purposes of this section, "certified medication aide" means a person who, under the supervision of a licensed nurse is permitted to administer medications according to the standards adopted by the board.

          C. Unless certified as a certified medication aide under the Nursing Practice Act, no person shall:

                (1) practice as a certified medication aide; or

                (2) use the titles "certified medication aide" or "medication aide" or any other title, abbreviation, letters, figures, signs or devices to indicate or imply that the person is a certified medication aide.

          D. The board shall:

                (1) maintain a permanent register of all persons certified to practice as a certified medication

aide;

                (2) adopt rules for certified medication aide education and certification, including standards and curricula;

                (3) adopt rules governing the supervision of certified medication aides by licensed nurses, including standards and performance evaluations of certified medication aides;

                (4) conduct disciplinary hearings of certified medication aides or on the denial, suspension or revocation of a certified medication aide certificate in accordance with the Uniform Licensing Act; and

                (5) grant approval to a certified medication aide training program that meets all requirements set by the board and deny or withdraw approval from programs that fail to meet prescribed standards or fail to maintain a current contract with the board.

          E. Every applicant for certification as a certified medication aide shall pay the required application fee, submit written evidence of having completed a board-approved program for the certification of certified medication aides and successfully complete a board-approved examination. The board shall issue a certificate to any person who fulfills the requirements for certification.

          F. Every certificate issued by the board to practice as a certified medication aide shall be renewed every two years. The certified medication aide seeking renewal shall submit proof of employment as a certified medication aide and proof of having met any continuing education requirements adopted by the board.

          G. The board shall set the following nonrefundable fees:

                (1) initial certification by examination, not to exceed sixty dollars ($60.00);

                (2) renewal of certification, not to exceed sixty dollars ($60.00);

                (3) reactivation of a lapsed certificate after failure to renew a certificate or following board action, not to exceed sixty dollars ($60.00);

                (4) initial review and approval of a training program not to exceed three hundred dollars ($300);

                (5) subsequent review and approval of a training program that has changed, not to exceed two hundred dollars ($200);

                (6) subsequent review and approval of a training program when a change has been required by a change in board policy or rules, not to exceed fifty dollars ($50.00); and

                (7) periodic evaluation of a training program, not to exceed two hundred dollars ($200)." 

     Section 2. Section 61-3-29 NMSA 1978 (being Laws 1968, Chapter 44, Section 25, as amended) is amended to read:

     "61-3-29. EXCEPTIONS.--The Nursing Practice Act shall not apply to or affect:

          A. gratuitous nursing by friends or members of the family;

          B. nursing assistance in case of emergencies;

          C. nursing by students when enrolled in approved schools of nursing or approved courses for the education of professional or practical nurses when such nursing is part of the educational program;

          D. nursing in this state by a legally licensed nurse of another state whose employment requires the nurse to transport a patient or who is a camp nurse who accompanies and cares for a patient temporarily residing in this state if the nurse's practice in this state does not exceed three months and the nurse does not claim to be licensed in this state;

          E. nursing in this state by any person who is employed by the United States government or any bureau, division or agency thereof, while in the discharge of the person's official duties;

          F. the practice of midwifery by any person other than a registered nurse who is certified or licensed in this state to practice midwifery;

          G. any person working as a home health aide, unless performing acts defined as professional nursing or practical nursing pursuant to the Nursing Practice Act;

          H. any nursing aide or orderly, unless performing acts defined as professional nursing or practical nursing pursuant to the Nursing Practice Act;

          I. any registered nurse holding a current license in another jurisdiction who is enrolled in any professional course requiring nursing practice as a part of the educational program; or

          J. performance by a personal care provider in a noninstitutional setting of bowel and bladder assistance for an individual whom a health care provider certifies is stable, not currently in need of medical care and able to communicate and assess the individual's own needs."

     Section 3. REPEAL.--Sections 61-3-10.3 and 61-3-10.4 NMSA 1978 (being Laws 1995, Chapter 117, Section 1 and Laws 2003, Chapter 282, Section 2, as amended) are repealed.

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