N.M. Admin. Code § 16.11.3.10

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.11.3.10 - LICENSURE

A. General provisions:

(1) A licensed midwife may provide any care or services allowed by these regulations.

(2) The division requires full disclosure of past midwifery or other professional licensure, suspensions, and revocations which will be considered before granting any license. The department may deny licensure, including renewal, reactivation, or reinstatement of licensure, to a LM whose midwifery or other license has been subject to disciplinary action in any jurisdiction. If denied, re-application will only be considered after a minimum of six months from date of initial denial, and the re-application must be accompanied by full disclosure and complete record of previous actions.

(3) Practicing midwifery in New Mexico for compensation or using the initials LM after one's name without a current New Mexico midwifery license is grounds for disciplinary action.

B. Initial licensure:

(1) An applicant for midwifery licensure must submit to the division the following:

(a) if a new applicant for midwifery licensure:

(i) evidence of a passing score on the division-approved national examination no more than one year before applying for licensure or proof of CPM certification; and

(ii) evidence of a passing score on the division-approved jurisprudence examination;

(b) if a new applicant for midwifery licensure who is already practicing midwifery in another state:

(i) proof of CPM certification; and

(ii) evidence of a passing score on the division-approved jurisprudence examination;

(c) evidence of:

(i) current certification in cardiopulmonary resuscitation of the adult and infant/child by the American Heart Association, the Red Cross, the American Safety and Health Institute (ASHI) Basic Life Support, or pre-approved by the department, that includes a hands-on skills component;

(ii) competency in IV therapy via certification course that includes a hands-on skills component; and

(iii) current certification in neonatal resuscitation program of the American academy of pediatrics, the Canadian paediatric society, or pre-approved by the department, that includes a hands-on skills component;

(d) a complete application on the division's electronic forms which shall include the applicant's licensing and disciplinary history;

(e) the fee designated in Subsection G 16.11.3.10 NMAC.

(2) An initial LM license may be issued at any time upon submission and verification of the materials required in Paragraph (1) of Subsection B 16.11.3.10 NMAC and shall expire on the last day of the month of the LM's birth date. A LM license shall be valid for a maximum of two years.

(3) After reviewing and approving the submitted application, the division shall issue to qualifying applicants a license.

(4) If a license is denied on initial application, the applicant may reapply after six months and upon meeting all the requirements under Subsection B of 16.11.2.10 NMAC.

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

C. Renewal of licensure: A LM license shall expire on the last day of the month of the LM's birth month of the second year after it is issued. A completed renewal application must be received by the division by the fifth day of the month of expiration of the current license. An applicant for renewal shall submit to the division:

(1) a completed renewal application on the division's electronic form;

(2) evidence of successful completion of 30 contact hours of continuing education that conforms with the definitions of "contact hour" and of "continuing education" in topics focused on midwifery care, reproductive health, or the evaluation and care of the newborn.CEUs taught by midwifery associations or non-accredited educational programs will not count unless accredited as CEUs by a third party.

(a) A minimum of two of the 30 contact hours should be pharmacology related with emphasis on the division-approved drug formulary.

(b) The following options, subject to audit and approval by the division, may be accepted in place of continuing education contact hours, except for the pharmacology-related contact hours requirement:

(i) preparation and presentation of a midwifery topic that has received contact hour approval by an accredited CE sponsoring agency 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 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 midwifery or clinical practice; each university or college unit shall be credited as 15 hours of continuing education; and

(iv) acting as primary preceptor for a midwifery student; each 10 hours of precepting shall be credited as one continuing education hour, and up to five contact hours will be allowed per student, with a maximum award of ten (10) contact hours; verification shall be provided on division-approved form.

(3) an annual report of practice data in a format as directed by the division

(4) evidence of current certification that includes a hands-on component in cardiopulmonary resuscitation of the adult, infant/child, current recognition by the neonatal resuscitation program of the American academy of pediatrics, and current competency in IV therapy via certification course as outlined in Item (ii) of Subparagraph (c) of Paragraph (1) of Subsection B of 16.11.3.10 NMAC;

(5) evidence of peer review participation within the two years preceding application;

(6) renewal payment designated in Subsection G 16.11.3.10 NMAC.

D. Reactivation of a LM license:

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

(2) The requirements for reactivation of a LM 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 Subsection C of 16.11.2.10 NMAC, except the applicant must pay the additional fee for reactivation pursuant to Subsection G of 16.12.2.10 NMAC.

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

E. Reinstatement of a LM license:

(1) The requirements for reinstatement of a revoked or suspended LM license are the same as those for license renewal, listed in Subsection C of 16.11.2.10 NMAC, except that the fee is higher than a renewal, as designated in Subsection G of 16.11.2.10 NMAC.

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

F. Reciprocity: There is no reciprocity with other jurisdictions.

G. Fees: All fees are non-refundable and shall be made by the method designated by the division.

(1) Applications for initial licensure shall be accompanied by payment to the division in the amount of one-hundred dollars ($100).

(2) Application for renewal of licenses shall be accompanied by a payment of fifty dollars ($50).

(3) The 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 will incurr an additional fee of seventy-five dollars ($75); this fee is in addition to the renewal fee.

(4) Reinstatment of a revoked or suspended license or reactivation of a lapsed license will incur an additonal fee of one-hundred dollars ($100); this fee is in addition to the renewal fee.

(5) Application for examination shall be accompanied by the fee designated by the division. This amount does not include the licensing fee.

(6) Hard copy of a license certificate (8 1/2 x 11" size) can be requested for a fee of thirty dollars ($30).

(7) Verification of license by FAX or letter can be requested for a fee of twenty-five dollars ($25).

N.M. Admin. Code § 16.11.3.10

2-5-80...10-31-96; 12-31-97; Recompiled 12/31/01, Adopted by New Mexico Register, Volume XXXII, Issue 24, December 28, 2021, eff. 12/28/2021