New Mexico
61-6-17.
Exceptions to act. (Repealed effective July 1, 2010.).
The Medical
Practice Act [Chapter
61, Article
6 NMSA 1978] shall not apply to or affect:
A. gratuitous services rendered in cases of emergency;
B. the domestic administration of family remedies;
C. the practice of midwifery as regulated in this state; .........
24-1-3
Public Health
Powers and authority of department
The Department has authority to:
A.……;
B…….;
R. Regulate the practice of midwifery;
~~~~~~~~~~~~~~~~~~
DEPARTMENT OF HEALTH
PUBLIC HEALTH DIVISION
FAMILY HEALTH BUREAU
MATERNAL HEALTH PROGRAM
525 CAMINO DE LOS MARQUEZ
SUITE #1
SANTA FE, NM 87501
TITLE 16
OCCUPATIONAL PROFESSIONAL LICENSING
CHAPTER 11
MIDWIVES
PART 3
LICENSED
MIDWIVES
1 ISSUING AGENCY:
New Mexico Department of Health
Public Health Division
Maternal Health Program 110-31-961
2
SCOPE: These regulations apply to any Licensed Midwives
practicing in the State of New Mexico or licensed by the New Mexico
Department of Health, Public Health Division. [10-31-96]
3
STATUTORY AUTHORITY: The regulations set forth herein
are promulgated by the Secretary of the Department of Health by
authority of Section 9-7-6 (F) NMSA 1978 and Section 24-1-21 NMSA
1978. The Public Health Division of the Department of Health shall
administer and enforce these regulations. [12-12-67 ... 10-31-96]
3.1
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, the
New Mexico Midwives Association:
Practice Guidelines or equivalent approved by the NMMA and
the Division, and the procedures and policies of the Department of
Health and Public Health Division are adopted as standards of practice
and are incorporated by reference herein. [12-12-67 ... 10-31-96:
12-31-97]
3.2
OTHER LAW AND REGULATIONS: These regulations arc subject
to the provisions of the Department of Health's Regulations Governing
Promulgation of Regulations and Regulations Governing Public Access to
Department Records. In
addition, Department regulations on related subjects include:
regulations of nurse-midwives, prevention of infant blindness, newborn
screening for certain congenital diseases and other inborn metabolic
errors; registration of births, deaths and fetal deaths, and control
of diseases and conditions of public health significance. Copies of
regulations may be obtained by writing to the Public
Health Division, P.O. Box 26110, 1190 St. Francis Dr., Santa
Fe. NM 87502-6110. [12-12-67 ... 10-31-96]
3.3
AUTHORITY OF THE DEPARTMENT OF HEALTH AND THE PUBLIC HEALTH
DIVISION: The Department of Health through its Public Health
Division may deny, revoke or suspend any license held or applied for
or reprimand or place a license on probation on the grounds stated in
these regulations pursuant to 24-1-3R NMSA 1978. [2-5-80... 10-31-96]
4
DURATION: Permanent. [10-3 1- 96]
5
EFFECTIVE DATE: October 31. 1997, unless a later date is
cited at the end of a section or paragraph. [10-31-96]
6
OBJECTIVE: The regulations establish policies, standards
and criteria relating to the educational and examination requirements,
issuing of permits and licenses, practice, and continuing education of
persons who practice licensed midwifery. [12-12-67 ... 10-31-96]
7
DEFINITIONS:
7.1
"Apprentice" means a person holding a high school
diploma or a GED who 1) wishes to make application for basic education
in the art and science of midwifery by apprenticeship. 2) has a formal preceptor relationship defined in writing
with a midwifery instructor who is in good standing with the Midwife
Licensing Authority of the Public Health Division and who meets the
requirements of 16 NMAC 11.3.7.14 and agrees in writing to fulfill the
basic educational and clinical experience requirements described in 16
NMAC 11.3.10.1 and 11.3.10.2. [12-12-67...
10-31-96]
7.2
"Board" means the Licensed Midwifery Advisory Board
established under these regulations.
[12-12-67... 10-31-96]
7.3
"Certified Nurse-midwife'' means a graduate of a midwifery
education program accredited by the American College of Nurse-Midwives
Division of Accreditation who has been certified and licensed pursuant
to laws, regulations, and procedures of her/his jurisdiction.
[12-12-67... 10-31-96]
7.4
Certified Professional Midwife (CPM) means an independent
practitioner who has met the standards for certification set by the
North American Registry of Midwives (NARM). A CPM may not practice in
New Mexico unless she/he holds a New Mexico
license to practice midwifery. [12-31-97]
7.5
"Contact hour" means a unit of 1) 50 to 60 minutes of
a formal learning experience that directly relates to maternal,
infant, and well-woman health and related professional, ethical,
legal, or business topics or 2) 2 hours of clinical practice in
maternal infant, and well-woman healthcare that is supervised and
documented in writing. [12-12-67... 10-31-96: Rn. 16 NMAC 11.3.7.4.
12-31-97]
7.6
"Continuing education" means 1) participation in a
formal learning experience presented by an instructor who has
credentials In the educational areas set out in 16 NMAC 11. 3. 10 and
for which written certification is given by the instructor, and/or 2)
a self-study program that has been pre-approved by the Division.
[12-12-67... 10-31-96: Rn.. 16 NMAC 11.3.7.5. 12 -31-97;
12-31-97]
7.7
“Department” means the Department of Health.
[12-12-67…10-31-96: Rn. 16 NMAC 11.3.7.6, 12-31-97]
7.8 "Division"
means the Public Health Division of the Department of Health.
[12-12-67 10-3 1 -96; Rn, 16 NMAC 11.3.7.7. 12-31-97]
7.9 "Incompetence"
is defined as follows: In performing midwifery functions. a midwife is
under a legal duty to possess and to apply the knowledge, skill and
care that is ordinarily possessed and exercised by other midwives of
the same licensure status and required by the generally accepted
standards of the profession including those standards set forth in
these regulations and their referenced documents. The failure to
possess or to apply to a substantial degree such knowledge, skill and
care constitutes incompetence for purposes of disciplinary
proceedings. [12-12-67...10-31-96, Rn, 16 NMAC 11.3.7.8. 12-31-97]
7.10 "License" means a document issued by the Department
to a person meeting the professional requirements described in these
Regulations. [2-5-80... 10-31-96- Rn. 16 NMAC 11.3.7.9. 12-31-97]
7.11 "Licensed
Midwife” means a person who has successfully completed all the
requirements of 16 NMAC 11.3.8.3 and is in good standing with the
Division. [2-5-90... 10-31-96: Rn. 16 NMAC 11.3.7.10, 12-31-97]
7.12 "Licensed
Midwifery” means the provision of health care and management of
women in the anteparturn, intrapartum, postpartum, and interconceptual
periods and Infants up to 6 weeks of age. This care occurs within a
health care system which provides for midwifery protocols, medical
consultation, co-management or referral and is in accord with the “Standards
and Core Competencies of Practice for Licensed Midwives in New Mexico”
and the “New Mexico Midwives Association Practice Guidelines”.
[2-5-80... 10-31-96: Rn. 16 NMAC 11.3.7.11, 12-31-97; 12-31-97]
7.13 "Licensing
Period" means a two year period for which permits or licenses arc
issued. Licenses may be issued at any time but shall expire on March
31 of the second year. [2-5-80... 10-31-96, Rn, 16 NMAC 11.3.7.12.
12-31-97]
7.14 “Midwifery
Instructor” means a qualified licensed midwife, certified
nurse-midwife, or licensed physician who 1) practices obstetrics. 2)
who has at least one (1) year of clinical practice after completing
their education and licensing process. 3) who has a formal training
and supervisory relationship with an apprentice midwife that is
documented in writing. and 4) who is listed with the Division.
[2-5-80... 10-3 1 -96: Rn, 16 NMAC 11.3.7.13. 12-31-97]
7.15 "New
Mexico Midwifery Student Workbook (Student Workbook)” means an
instrument approved by the Division, in which the preceptor documents
the successful completion of the student's theoretical and clinical
education and attainment of safe beginning practice of core
competencies. [2-5-80... 10-31-96, Rn, 16 NMAC 11.31.7.14. 12-3 1-97.
12-31-97]
7.16 "Peer
Review" means the review of the practice standards and outcomes
of a Licensed Midwife by a group of her or his peers according to the
NMMA or other Division recognized institutional criteria, and as
governed by NM Review Organization on Indemnity Act. NM Stat. ANN.
Little SS. 41-9-1 to 7 1978. [2-5-80... 10-31-96. Rn. 10 NMAC 11.3.7
15. 12-31-97]
7.17 "Permit"
means documentation issued by the Department to a person meeting the
professional requirements described in these Regulations authorizing
the practice of midwifery at the apprentice level described in 16 NMAC
11.3.8.2. [2-5-80…10-31-96: Rn, 16 NMAC 11.3.7.16, 12-31-97]
7.18 "Physician"
means a person who is currently practicing obstetrics and is licensed
and in good standing in their jurisdiction to practice medicine or
osteopathy. [2-5-80... 10-31-96, Rn, 16 NMAC 11.3.7.17. 12-31-97]
7.19 "Preceptor"
means the same as "midwifery instructor".
[2-5-80…10-31-96. Rn. 16 NMAC,
11.3.7.18. 12-31-97]
7.20 “Supervision”
means the instruction, guidance, and continued evaluation of an
apprentice midwife in the art and science of midwifery by a midwifery
instructor or preceptor with whom the apprentice has a formal
relationship defined in writing and who retains ultimate
responsibility for clients seen by apprentices. [2-5-80... 10-3 1 -96:
Rn. 16 NMAC
11.3.7.19, 12-31-97,
12-31-97]
8
PERMITS AND LICENSES
8.1
GENERAL PROVISIONS:
8.1.1
A licensed midwife may provide any care or services allowed by
these regulations. [2-5-80
... 10-31-96]
8.1.2
An apprentice midwife may provide any care or services allowed
by these regulations as set out in 16 NMAC 11.3.12.1 only under the
supervision of a midwifery instructor. The midwifery instructor
reviews and evaluates all care provided by and attends every labor and
delivery managed by the apprentice. The midwifery instructor retains
the responsibility for clients seen by apprentices. [2-5-80...
10-31-96]
8.1.3
The Division requires full disclosure of past midwifery
licensure. Suspensions, and revocations which will be considered
before granting any license or permit., [2-5-80... 10-31-96]
8.2
APPRENTICE MIDWIFE PERMITS:
8.2.1 Application for apprentice midwife permit must include
all of the following:
8.2.1.1 Proof of high school graduation or GED. [2-5-80...
10-31-96]
8.2.1.2
A completed agreement by the midwifery instructor to the
preceptor relationship on the Division's form. [2-5-80... 10-31-96]
8.2.1.3
A completed apprentice application on the Division's form.
[2-5-80 ... 10-31-96]
8.2.1.4
Payment of fifty dollars ($50) to the Division. [2-3-80…
10-31-96]
8.2.2
Upon proof of successful completion, the Division -will supply
to qualifying apprentice applicants an apprentice midwife permit and
necessary regulatory information applicable to apprenticeship. [2-5-80
... 10-31-96. 12-31-97]
8.2.3
An apprentice must have successfully completed basic education
requirements in midwifery and the requisite examination process no
later than the end of the fourth yew after the initial apprentice
permit is issued. Before taking the written examination for licensure,
an apprentice must successfully complete the following: [2-3-80 ...
10-31-96]
8.2.3.1
A minimum of twelve (12) months of theoretical and clinical
education described in 16 NMAC 11.3.10. [2-5-80... 10-3 1 -96]
8.2.3.2
Submit to the Division a completed Student Workbook or its
Division-approved equivalent, or transcripts showing successful
completion of a midwifery education program licensed by the New Mexico
Commission for Higher Education or accredited by the Midwifery
Education Accreditation Council or other United States Department of
Education recognized accrediting agency. [2-5-80... 10-31-96:
12-31-97]
8.2.3.3
Submit to the Division an application for licensed midwifery
examination on the Division's form. [2-5-80 ... 10-31-96]
8.2.3.4
Payment to the Division of the examination fee designated by
the Division. [2-5-80 ... 10-31-96. 12-31-97]
8.2.4
RENEWAL OF PERMITS: An apprentice midwifery permit may
be renewed once after the initial two years permit period. An
applicant for renewal shall submit to the Department
8.2.4.1
A completed renewal application on the Division's form.
[2-5-80... 10-31-96]
8.2.4.2
Renewal payment of fifty dollars ($50). [2-5-80…
10-31-96]
8.3
MIDWIFE LICENSURE :
8.3.1
An applicant for midwifery licensure must meet the following
requirements [2-5 80... 10-31-96]
8.3.1.1
Complete the Division-approved examination with a passing score
no more than one year before applying for licensure. or submit proof
of CPM certification and complete an abbreviated Division-approved
examination with a passing score. [2-5-80... 10-3 1-96 ; 12-31-97]
8.3.1.2
Submit to the Division evidence of current certification in
cardiopulmonary resuscitation of the adult and IV therapy and current
recognition by the Neonatal Resuscitation Program of the American
Academy of Pediatrics. [2-3-80 ... 10-31-96. 12-31-97]
8.3.1.3
Submit a complete application on the Division's form which
shall include the applicant's licensing and disciplinary history.
[2-5-80... 10-31-96]
8.3.1.4
Submit to the Division a fee of fifty dollars ($50).
[2-5-80
…10-31-96]
8.3.2
After reviewing and approving duly submitted applications, the
Division shall issue to qualifying applicants a license and a
wallet-size card. Practicing licensed midwives must display a current
license prominently in their main practice location. [2-5-80...
10-31-96]
8.3.3
RENEWAL OF LICENSURE : A midwifery license must be
renewed by March 31st of the
second year after it is issued. The completed application must be
received by the Division at least two weeks before the
expiration date of the current license.
To be considered for relicensure, a midwife must have duly made
quarterly reports to the Division
as described in 16 NMAC 11.3.12.12. Practicing midwifery
for compensation or using the initials LM after ones name
without a current midwifery license is grounds for disciplinary
action. An applicant for renewal shall submit to the Division:
[2-5-80..10-31-96. 12-31-97]
8.3.3.1 A completed renewal application on the Division's form.
[2-5-80... 10-31-96]
8.3.3.2
Evidence of successful completion of thirty (30) contact hours
of' continuing education that conforms with the definitions of
“contact hour" and of "continuing education” in 16 NMAC
11.3.7.[2-5-80... 10-31-96; 12-31-97]
8.3.3.3
Evidence of current certification in cardiopulmonary
resuscitation of the adult. and IV therapy, and current recognition by
the Neonatal Resuscitation Program of the American Academy of
Pediatrics. [2-5-80... 10-31-96: 12-31-97]
8.3.3.4
Evidence of peer review participation within the four (4) years
proceeding application and submission of quarterly reports described
in 16 NMAC 11.3.12.12. [2-5-80... 10-31-96: 12-31-97]
8.3.3.5
Renewal payment of fifty dollars ($50). [2-5-80... 10-31-96]
8.3.4
Reinstatement of licenses lapsed no longer than four (4) years
may be allowed by the Division, upon fulfillment of all the
requirements of Sections 8.3.3.1, 8.3.3.2, 8.3.3.3, 8.3.3.4. and
8.3.3.5. Besides the usual renewal payment there will be an additional
fee of twenty dollars ($20) for reinstatement of license. Practicing
without a current license is grounds for disciplinary or legal action.
[2-5-80... 10-31-96]
8.4
RECIPROCITY: There is no reciprocity with other
jurisdictions [2-5-80...10-31-96]
8.5
FEES: All fees are non-refundable and shall be made by
check or money order. [2-5-80 ... 10-31-96]
8.5.1
Applications for apprenticeship must be accompanied by payment
by Check or money order to the Division in the amount of fifty dollars
($50). [2-5-80...10-31-96]
8.5.2
Applications for licensure must be accompanied by payment by
check or money order to the Division in the amount of fifty dollars
($50). [2-5-90... 10-31-96]
8.5.3
Application for renewal of permits/licenses shall be
accompanied by payment or fifty dollars ($50). [2-5-80 ... 10-31-96]
8.5.4
Application for examination shall be accompanied by the fee
designated by the Division. This amount does not include the licensing
fee- [2-5-80...10-31-96; 12-31-97]
9
DISCIPLINARY ACTION
9.1
GROUNDS FOR ACTION:
9.1.1
Charges of incompetence may be based upon a single act of
incompetence or upon a course of conduct or series of acts or
omissions which extend over a period of time and which, taken as a
whole, demonstrate incompetence. It shall not be necessary to show
that actual harm resulted from the act or omission or series of acts
or omissions so long as the conduct is of such a character that harm
could have resulted to the patient/client or to the public from the
act or omission or series of acts or omissions. [2-5-80... 10-31-96]
9.1.2
For purposes of these regulations "unprofessional
conduct** includes, but is not limited to, the following:
[2-5-80... 10-31-96]
9.1.2.1
Dissemination of a patient's/client's health information and/or
treatment plan acquired during the course of employment to individuals
not entitled to such information and where such information is
protected by law and/or hospital/agency policy from disclosure.
[2-5-80... 10-31-96]
9.1.2.2
Falsifying or altering patient/client records or personnel
records for the purpose of reflecting incorrect or incomplete
information. [2-5-80... 10-31-96]
9.1.2.3
Misappropriation of money, drugs or property [2-5-80…10-31-96]
9.1.2.4
Obtaining or attempting to obtain any fee for patient/client
services for one's self or for another through fraud,
misrepresentation, or deceit. [2-5-80... 10-31-96]
9.1.2.5
Aiding, abetting, assisting or hiring an individual to violate
any duly promulgated regulation of the Department's Midwife Licensing
Authority. [2-5-80...10-3-1-96]
9.1.2.6
Obtaining, possessing, administering or furnishing prescription
drugs to any person, including but not limited to one's self, except
as directed by a person authorized bylaw to prescribe.
[2-5-80...10-3-1-96]
9.1.2.7
Failure to make or keep accurate. intelligible entries in
records as required by law, policy and standards for the practice of
midwifery. [2-5-80... 10-31-96]
9.1.2.8
Obtaining or attempting to obtain a license to practice
midwifery for one's self or for another through fraud deceit,
misrepresentation or any other act of dishonesty in any phase of the
licensure by examination or endorsement process, or relicensure
process. [2-5-80... 10-31-96]
9.1.2.9
Practicing midwifery in New Mexico without a valid, current New
Mexico license or permit, or aiding, abetting or assisting another to
practice midwifery without a valid, current New Mexico license.
[2-5-80... 10-31-96]
9.1.2.10Failure
to report a midwife who appears to have violated regulations for the
practice of licensed or certified nurse midwifery. Anyone reporting an
alleged violation of these regulations shall be Immune from liability
unless the person acted in bad faith or with malicious purpose.
[2-5-80... 10-31-96]
9.1.2.11Intentionally
engaging in sexual contact with and/or toward a patient/client in a
manner that is commonly recognized as outside the scope of the
individual midwife's practice. [2-5-80... 10-31-96]
9.1.2.12Abandoning
a patient(s)/client(s) when the abandonment results or may result in
potential or actual harm or danger to the patient(s)/client(s). [2
5-80... 10-31-96]
9.1.2.13
Engaging in the practice of midwifery judgment or physical ability is
impaired by alcohol or drugs or controlled substances. [2-5-80...
10-31-96]
9.1.2.14
Practice which is beyond the scope of licensure. [2-5-80...
10-31-96]
9.1.2.15
Delegation of medication administration, assessment, evaluation
and judgment to non-licensed persons. [2-5-80... 10-3 3 1-96]
9.1.2.16
As required by the New Mexico Parental Responsibility Act
(Section 40-5A-1 et seq. NMSA 1978). [2-5-80...10-31-96]
9.1.2.17
Submitting false or altered documents for the purpose of
obtaining licensure or permits [2-5-80 ... 10-31-96]
9.1.2.18
Failure to meet the requirements of the Bureau of Vital Records
and Health Statistics regulations. [2-5-80... 10-31-96]
9.1.2.19
Violation of the Department's regulations governing the
practice of licensed midwifery. [2-3-80... 10-31-96]
9.1.2.20
Failure to provide the Division in a timely manner with
requested information. [12-31-97]
9.2
DISCIPLINARY PROCEEDINGS: Disciplinary proceedings are
conducted in accordance with the Uniform Licensing Act, 61- 1-1 et
seq., NMSA 1978 and Open Meetings Act 10-15-1
et seq, NMSA 1978. [2-5-80…10-3 1-96]
9.2.1
FILING OF A COMPLAINT
9.2.1.1
A sworn notarized complaint must be filed with the Division
before a disciplinary proceeding can be initiated. [2-5-80...
10-31-96]
9.2.1.1.1
A complaint is an allegation of a wrongful act(s) or an
omission(s). [10-31-96]
9.2.1.1.2
A complaint may include knowledge of a judgment or settlement
against a licensee [10-31-96]
9.2.1.2
A sworn complaint may be filed by any person, including a
member of' the Division's Midwifery Advisory Board. [2-5-80... 10-3
1-96]
9.2.2
INVESTIGATION OF A COMPLAINT:
9.2.2.1
All complaints alleging a violation of the regulations adopted
by the Public Health Division will be investigated to determine
whether a violation of applicable law or rule has occurred.
[2-5-80...10-31-96]
9.2.2.2
The investigation may result in a Notice of Contemplated Action
(NCA) being issued by the Division if a violation exists; or a
dismissal of the complaint because no actionable violation exists.
[2-5-80...10-3 1-96]
9.2.3
REQUEST FOR A HEARING NOTICE OF HEARING AND REQUEST FOR
CONTINUANCE:
9.2.3.1
A Notice of Hearing, designating the date, time and place of
the hearing, shall be mailed to the licensee or applicant for
licensure via certified mail upon the timely receipt of a written
request for a hearing. [2-5-80... 10-31-96]
9.2.3.2
The licensee or certificate holder may request to explore a
settlement by negotiating a stipulation and agreement with the
Administrative Prosecuting Attorney at any time prior to the hearing.
[10-31-96]
9.2.3.2.1
If a settlement is negotiated, the proposed stipulation and
agreement shall be presented to the Public Health Division Director
for final approval. [10-31-96]
9.2.3.2.2
The proposed stipulation and agreement does not divest the
Public Health Division Director of the authority to require a formal
hearing or final approval, amendment, or rejection. [10-31-96]
9.2.3.2.3
If a settlement is not reached, a hearing shall be held.
[10-31-96]
9.2.3.3
Once a hearing has been scheduled, any requests for a
continuance must be presented to the Division's hearing officer in
writing at least ten (10) days prior to the scheduled hearing. The
hearing officer may approve or deny the request. [2-5-80... 10-31-96]
9.2.3.4
If a person falls to appear after requesting a hearing, the
Division may proceed to consider the matter as a default and make a
decision. [2-5-80...10-31-96]
9.2.3.5
If no request for a hearing is made within the time and manner
required by the Uniform Licensing Act, the Division may take the
action contemplated in the Notice of Contemplated Action. Such action
shall be final. [2-5-80... 10-31-96]
9.2.4
ADMINISTRATIVE HEARING:
9.2.4.1
All hearings before the Division shall he conducted in the same
manner as a hearing in a court of law with the exception that the
rules of evidence may be relaxed in the hearing pursuant to the
Uniform Licensing Act. [2-5-80... 10-31-96]
9.2.4.
1.1Hearsay evidence is admissible if it is of a kind commonly relied
upon by reasonable prudent people in the conduct of serious affairs.
[2-5-80 ... 10-31-96]
9.2.4.1.2
Disciplinary action against midwifery license or certificate
must not be based solely on hearsay evidence. [2-5-80...10-31-96]
9.2.4.2
The hearing officer may take testimony, examine witnesses and
direct a continuance of any case. [2-5-80... 10-31-96]
9.2.4.3
The hearing officer shall have the power to issue subpoenas to
compel the attendance of witnesses or the production of books,
documents or records pertinent to the matter of a case before the
Divisions Licensing Authority. [2-5-80... 10-31-96]
9.2.4.4
The hearing officer shall issue a report and recommended
findings to the Department Secretary in accordance with the Uniform
Licensing Act. [2-5-80... 10-31-96]
9.2.5.
DECISION OF THE DIVISION'S LICENSING AUTHORITY: A copy
of the written decision shall be mailed via certified mail to the
applicant/licensee or certificate holder in accordance with the
Uniform Licensing Act. Section 61-1-14 (NMSA 1978). [2-5-90 ...
10-31-96]
9.3
PUBLIC NOTIFICATION OF DISCIPLINARY ACTION: The
following are means which disciplinary actions are made available to
the public. [2-5-80... 10-31-96]
9.3.1
Information regarding disciplinary actions shall be entered
into the license file or applicant's file. [2-5-80...10-31-96]
9.3.2
Submission of disciplinary action to any appropriate
disciplinary Data Bank and/or notification to each state in which the
licensee holds a license or has been licensed [2-5-80... 10-31-96]
9.4
REINSTATEMENT OF LICENSE OR CERTIFICATE
9.4.1
Individuals who request reinstatement of their license or who
request that their probation be lifted must be prepared to provide the
Division with substantial evidence to support their request. This
evidence must be in the form of notarized written reports or sworn
written testimony from individuals who have personal knowledge of the
licensee's or certificate holder ' s activities and progress during
the period of probation, suspension or revocation. [10-31-96]
9.4.2
Requests for reinstatement of a revoked license or certificate
shall not be considered by the Division prior to the expiration of one
year from the date of the order of revocation. [10-31-96]
9.4.2.1
The date at which time the Division Director’s signature is
affixed to the order of
revocation or suspension is the controlling date, unless otherwise
specified in the order. [10-31-96]
9.4.3
Requests for reinstatement of a suspended license or
certificate shall be considered at such time as provided by the
Division in the order of suspension. [10-31-96]
9.4.4
Reinstatement of a revoked or suspended license requires proof
of meeting the renewal requirements as set forth in these regulations,
any remedial education or supervised practice required by the
Division, and payment of the reinstatement of current or lapsed
license fee. [10-31-96]
10
COURSE OF EDUCATION: The Division will use the Standards
and Core Competencies for the Practice of Licensed Midwifery in New
Mexico as a guideline in determining the acceptability of an
applicant's educational experience. The midwifery instructor will
conduct the course of education for the apprentice as set out in 16
NMAC, l 1.3.7.14 and 16 NMAC 11.3.8.1.2 as outlined below in 16 NMAC
11.3. 10.1 and 16 NMAC 11.3.10.2. [2-5-80 ... 10-31-96]
10.1
THEORETICAL INSTRUCTION: Theoretical instruction must
include these areas of Study
[3-19-87...10-31-96]
10.1.1
HUMAN LIFE SCIENCE: Anatomy and physiology, fetal development,
genetic screening, applied microbiology. [10-31-96]
10.1.2
PSYCHO/SOCIAL ISSUES: Communication and counseling, cultural
concerns, human sexuality, perinatal education: [10-31-96]
10.1.3
ANTEPARTUM MANAGEMENT: History taking, physical assessment,
risk screening, provision of care, normal course, complications,
pharmacology, nutrition, diagnostic laboratory tests and procedures,
[10-31-96]
10.1.4
INTRAPARTUM MANAGEMENT: History taking, physical assessment,
risk screening, provision of care, normal course, complications,
pharmacology, diagnostic laboratory tests and procedures, and adult
cardiopulmonary resuscitation, [10-31-96, 12-31-97]
10.1.5
POSTPARTUM MANAGEMENT: History taking, physical assessment,
risk screening, provision of care, normal course, complications,
pharmacology, diagnostic laboratory tests and procedures, family
planning: [10-31-96]
10.1.6
NEWBORN MANAGEMENT: History taking, physical assessment, risk
screening, provision of care, normal course, complications, diagnostic
laboratory test and procedures, and neonatal resuscitation: [10-31-96]
10.1.7
WELL-WOMAN REPRODUCTIVE HEALTH CARE: History taking, physical
assessment, risk screening, provision of care, diagnostic laboratory
tests and procedures, treatment, family planning. [10-31-96]
10.1.8
PROFESSIONAL ISSUES: History of Midwifery, Division regulations
regarding prevention of infant blindness, newborn screening for
certain congenital diseases and other inborn metabolic errors
registration of births, deaths, and fetal deaths, and control of
diseases and conditions of public health significance, ethics, laws
and regulations, starting a small business. [10-31-96]
10.2
CLINICAL EXPERIENCE: Clinical experience for an
apprentice must include the following:
10.2.1
Complete well-woman health assessment
25
10.2.2
Prenatal visits of at least 15 different women
100
10.2.3
Labor observations and managements
40
10.2.4
Start an IV successfully
1
10.2.5
Delivery of newborn and placenta
25
10.2.6
Newborn examinations
30
10.2.7
Use of prophylactic eye medications
15
10.2.8
Postpartum visits to mother and baby
30
within 36 hours of delivery
10.2.9
Blood collection for Newborn Metabolic
15
Screening
10.2.10
Six week postpartum and/or yearly
15
physical exams and
pap smears
10.2.11
Family planning visits, consultations,
30
and/or referrals
10.2.12
Neonatal intensive care nursery observation at UNM Hospital or
equivalent high risk medical facility nursery experience.
After at least 6 months of apprenticeship
10.2.13
High risk obstetric care observation at
UNM Hospital special OB clinic or
equivalent medical facility experience
After at least 6 months of apprenticeship
10.2.14
Provision of one complete series of
After at least 6 months of
prepared childbirth classes
apprenticeship
10.2.15
Observation of one. complete breast
After
at least 6 months
feeding information series
of apprenticeship
[2-5-80 ... 10-31-96;
12-31-97]
11
EXAMINATION: The Division will administer an examination
for- licensure of midwives at least twice yearly. A candidate for
examination who receives a failing score shall be eligible to retake
the examination within four years of the start date of their initial
apprentice permit by meeting the following requirements: [2-5-80 ...
10-31-96: Rn, 16 NMAC 11.3.11.2. 12-31-97: 12-3 1-97]
11.1
Submitting another examination fee. [3-19-87…10-31-96: Rn. 16
NMAC 11.3.11.2.1. 12-31-97, 12-31-97]
11.2
Holding a current midwifery apprentice permit. Applicants may
retain their permits and renew them, provided that the four year
limitation on holding an apprentice permit has not expired.
[3-19-87... 10-31-96.Rn. 16 NMAC 11.3.11.2.2. 12-31-97: 12-31-97]
11.3
If an applicant fails the examination more than once, she or he
must wait a period of not less than six (6) months before retaking the
examination again and during that time must be apprenticed to a
preceptor or In a formal midwifery school, and must submit a new
completed Student Workbook or new completed transcripts from a formal
education program and must submit another examination fee, [3-19-87...
10-31-96. Rn. 16 NMAC 11.3.11.2.3, 12-31-96. 12-31-97]
12
RESPONSIBILITIES AND SCOPE OF PRACTICE
12.1
SCOPE OF PRACTICE: The licensed midwife may provide care
to women without general health or obstetrical complications as
defined by the Standards and Core Competencies of Practice for
Licensed Midwives in New Mexico and the New Mexico Midwives
Association Practice Guidelines, or equivalent approved by the
NMMA and the Division. Such care includes:
12.1.1 Prenatal care and counseling;
[2-5-80…10-31-96]
12.1.2
Intrapartum care and support; [2-5-80…10-31-96]
12.1.3
Postpartum care mid counseling; [2-5-80…10-31-96]
12.1.4
Well-woman care; [2-5-80…10-31-96]
12.1.5
Immediate newborn care; [2-5-80…10-31-96]
12.1.6
Administration of specific drugs and medications as outlined in
the New Mexico Midwives Association Policies and Procedures.
[2-5-80... 10-31-96]
12.2
PHYSICIAN VISIT: Each woman accepted for care must be referred
at least once to a duly licensed physician within four (4) weeks of
her initial midwifery visit. The referral must be documented in the
chart. [2-5-80... 10-31-96]
12.3
RESPONSIBILITY TO CONSULT: It shall be the responsibility of
the midwife to develop a means for consultation with or
referral/transfer to a physician or hospital if there are significant
deviations from the normal in the health status of either mothers or
infants as set out in the Standards and Core Competencies for the
Practice of Licensed Midwifery in New Mexico. [2-5-80 ... 10-31-96]
12.4
LIMITATION OF PHYSICIAN LIABILITY: Any consultative
relationship With a physician shall not by itself provide the basis
for finding a physician liable for any acts or omissions by a licensed
midwife. [2-5-80... 10-31-96]
12.5
INFORMED CONSENT: The licensed midwife must obtain written,
informed consent regarding the care to be provided by the licensed
midwife from the woman upon accepting her for care.
At a minimum, the licensed midwife must first honestly explain
the following to any woman seeking midwifery care to ensure that her
choices are comprehensive and informed: [2-5-80... 10-31-96]
12.5.1
Midwife's educational background; [2-5-80... 10-31-96]
12.5.2
The risks and benefits of midwifery care; [2-5-80...10-31-96]
12.5.3
The nature and scope of the care to be given; and [2-5-80 ...
10-31-96]
12.5.4
The nature and terms of the financial agreement.
[2-5-80…10-31-96]
12.6
The licensed midwife may not accept a woman as a client who
does not meet the minimum criteria set out in the Standards and Core
Competencies of Practice for Licensed Midwives in New Mexico.
[2-5-80... 10-31-96]
12.7
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 ten (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. [2-5-80... 10-31-96]
12.8
RECORDS: The licensed midwife will document and maintain
clients' records according to current “Standards and Core
Competencies for the Practice of Licensed Midwifery in New Mexico.”
Inactive records shall be maintained no less than ten (10)
years. [2-5-80... 10-31-96]
12.9
MORTALITY- IMMEDIATE REPORTING: The licensed midwife
must report within 48 hours to the Division any neonatal or maternal
mortality in patients for whom she has cared in the perinatal period.
[2-5-80 ... 10-31-96]
12.10
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. [2-5-80... 10-31-96]
12.11
PEER REVIEW: The licensed midwife shall participate in
peer review at least once every four (4) years in accordance with the
requirements of the Division and Article XI of the New Mexico
Midwifery Association. [2-5-80 ... 10-31-96]
12.12
QUARTERLY REPORTS: At the end of each quarter of a year
each licensed midwife shall submit to the Division a report on the
Division's form of the disposition of each patient she or be has given
care to. Quarters shall be January 1st to March 31st, April
1st to June 30th, July 1st to September 30th, and October
1st to December 31st. Reports shall be submitted by the tenth (10th)
day after the end of each quarter. [2-5-80... 10-31-96]
12.13
CHANGES OF ADDRESS OR PHONE NUMBER: A licensed midwife
must report a change of her or his address or phone number within 30
days of the change. [12-31-97]
13
ADVISORY BOARD: The Division shall appoint a Licensed
Midwifery Advisory, Board. [2-5-80... 10-31-96]
13.1
The Board's activities will be:
13.1.1
Review complaints against Licensed Midwives as requested by the
Division and make recommendations to the Division. [2-5-80...
10-31-96]
13.1.2
Remain current in clinical practice and professional issues and
advise the Division accordingly. [2-5-80... 10-31-96]
13.1.3
Recommend updates in the Standards and the Manual.
[2-5-80…10-31-96]
13.1.4
Conduct other relevant business as requested by the Division
[2-5-80...10-31-96]
13.2
ADVISORY BOARD MEMBERSHIP: The Licensed Midwifery
Advisory Board shall be composed of nine (9) members and one (1)
ex-officio member: the membership shall be as follows: [2-5-80 ...
10-31-96]
13.2.1
Three (3) state licensed midwives, at least two of whom shall
be actively practicing, [2-5-80 ... 10-31-96]
13.2.2
One (1) state licensed certified nurse-midwife actively
practicing midwifery. [2-5-80 ... 10-31-96]
13.2.3
Three (3) consumer members; [2-5-80…10-31-96]
13.2.4
One (1) state licensed physician actively practicing obstetrics
12-5-80…10-31-96]
13.2.5
One (1) member from the Division: and [2-5-80…10-31-96]
13.2.6
A representative of the Family Health Bureau in the Public
Health Division will be an ex-officio member of the Board. [2-5-80...
10-31-96]
13.3.
ADVISORY BOARD PROCEDURES: Board members shall be
appointed for staggered three year terms and not more than two
consecutive terms, except for the member from the Division, who shall
serve at the pleasure of the Division Director and who shall not be
limited as to terms. [2-5-80...10-31-96]
13.3.1
Board members shall serve without compensation: they may submit
for reimbursement for in-state travel and per diem for Division-called
Board meetings according to Department of Finance and Administration
Regulations, [2-5-80... 10-31-96]
13.3.2
Any member failing to attend two (2) consecutive meetings
without good cause and an excused absence prior to the meeting(s)
shall be deemed to have resigned from the Board. [2-5-80 ... 10-31-96]
14
SEVERABILITY: If any part or application of the
Regulations Governing the Practice of Licensed Midwifery is held
invalid, the remainder or its application to other situations or
persons shall not be affected. [7-12-93 ... 10-31-96]
——————————
Updated
8-28-2003
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