N.M. Admin. Code § 16.11.3.7

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

Section 16.11.3.7 - DEFINITIONS

A.Definitions beginning with "A": "Apprentice midwife" means a person age 18 years or older, holding a high school diploma or a GED as minimum educational requirement who:

(1) wishes to make application in the state of New Mexico for basic education in 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 Paragraph (2) of Subsection M of 16.11.3.7 NMAC and agrees in writing to fulfill the basic educational and clinical experience requirements described in Subsections A and B of 16.11.3.12 NMAC.

B.Definitions beginning with "B": "Board" means the licensed midwifery advisory board established under these regulations.

C. Definitions beginning with "C":

(1) "Certified nurse-midwife (CNM)" means a graduate of a midwifery education program accredited by the accreditation commission for midwifery education (ACME) who, has been certified by the American midwifery certification board (AMCB) and licensed pursuant to laws, regulations, and procedures of the CNM's jurisdiction.

(2)"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 the CPM holds a New Mexico license to practice midwifery.

(3)"Client" means a person who has entered into a professional relationship for midwifery services from a LM for the purpose of maintaining the client's well-being. At minimum, this relationship is an interactive encounter between the LM and client as set forth in the "department of health practice guidelines for New Mexico licensed midwives".

(4)"Contact hour" means a unit of 50 to 60 minutes of a formal organized learning experience that directly relates to maternal, infant, and reproductive health and related professional, ethical, legal, or business topics and is approved by an accredited continuing education (CE) sponsoring organization.

(5)"Continuing education (CE)" means participation in a formal learning experience of which the CEs have been granted by an accrediting organization such as the midwifery education accrediaiton council (MEAC), American college of obstetricians and gynecologists (ACOG), American college of nurse-midwives (ACNM), association of women's health, obstetric and neonatal nurses (AWHONN), American academy of family physicians (AAFP), state health departments, nursing associations, or perinatal associations.

D.Definitions beginning with"D":

(1)"Department" means the department of health.

(2)"Division" means the public health division of the department of health.

E.Definitions beginning with"E": [RESERVED]

F.Definitions beginning with"F": "Formulary" means a list of drugs approved by the department.

G.Definitions beginning with "G": [RESERVED]

H.Definitions beginning with"H": [RESERVED]

I.Definitions beginning with"I": "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 such knowledge, skill and care constitutes incompetence for purposes of disciplinary proceedings.

J.Definitions beginning with"J": [RESERVED]

K.Definitions beginning with"K": [RESERVED]

L.Definitions beginning with"L":

(1)"License" means a document issued by the department identifying a legal privilege and authorization to practice as a licensed midwife within the scope of this rule.

(2)"Licensed midwife (LM)" means a person educated in the discipline of midwifery, who is licensed under this rule.

(3)"Licensed midwifery" means the provision of health care and management of people in the antepartum, intrapartum, postpartum, and interconceptual periods, and infants up to 6 weeks of age. This care occurs within a health care system in a community setting 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 "department of health practice guidelines for New Mexico licensed midwives".

(4)"Licensing period" means the period for which licenses are issued. Licenses may be issued at any time but shall expire on the last day of the licensee candidate's birth month two years forward or on the last day of the month 24 months forward, whichever comes earliest.

M.Definitions beginning with "M":

(1)"MEAC" means midwifery education accreditation council.

(2)"Midwifery instructor" means a person who:

(a) is credentialed as a LM, certified professional midwife (CPM), certified nurse-midwife (CNM), or certified midwife (CM) and must be a licensed provider by a state or jurisdiction to provide midwifery care;

(b) has an additional two years of experience after credentialing or proof of 50 primary births beyond entry-level CPM requirements;

(c) has 10 continuity of care births beyond entry-level CPM requirements;

(d) has attended a minimum of 10 out-of-hospital births as primary midwife in the last two years;

(e) has a formal training and supervisory relationship with an apprentice midwife that is documented in writing; and

(f) is approved and listed with the division per division protocol.

N.Definitions beginning with"N":

(1)"National practitioner data bank (NPDB)" means the web-based repository of reports containing information on medical malpractice payments and adverse actions related to health care practitioners, providers, and suppliers.

(2) "NARM" means the North American registry of midwives.

(3)"New Mexico midwifery student workbook (student workbook)" means an instrument used for the state apprenticeship process and 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.

O.Definitions beginning with "O": P. Definitions beginning with"P":

(1) "Peer review" means the process utilized by licensed midwives to discuss client cases in a professional forum, which includes support, feedback, follow-up, and learning objectives according to NARM, the state professional organization(s), or other division recognized institutional criteria.

(2)"Permit" means documentation issued by the department to a person meeting the requirements described in these regulations authorizing the practice of midwifery at the apprentice level described in 16.11.3.9 NMAC.

(3)"Permitting period" means a three year period for which permits are issued; permits may be renewed for an additional three years.

(4) "Physician" means a person who is currently practicing obstetrics with a specialty in obstetrics/gynecology or family medicine and is licensed and in good standing in their jurisdiction to practice medicine or osteopathy.

(5)"Portfolio Evaluation Process (PEP)" means is an educational evaluation process through NARM that includes verification of knowledge and skills by qualified preceptors. Completion of this process qualifies applicants to sit for the NARM skills and written examinations.

(6)"Preceptor" means the same as "midwifery instructor".

Q.Definitions beginning with"Q": [RESERVED]

R.Definitions beginning with"R": [RESERVED]

S.Definitions beginning with "S":

(1)"Student midwife" means a person age 18 years or older, holding a high school diploma or a GED as minimum educational requirement who:

(a) wishes to make application for basic education in midwifery through the NARM portfolio evaluation process (PEP) or through a U.S. department of education accredited midwifery school enrollment;

(b) 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 Paragraph (2) of Subsection M of 16.11.2.7 NMAC and agrees in writing to fulfill the basic educational and clinical experience requirements described in Subsections A and B of 16.11.3.12 NMAC.

(2)"Supervision" means the instruction, guidance, and continued evaluation of an apprentice or student midwife in the practice 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.

T.Definitions beginning with"T": [RESERVED]

U.Definitions beginning with"U": [RESERVED]

V.Definitions beginning with"V": [RESERVED]

W.Definitions beginning with"W": [RESERVED]

X.Definitions beginning with"X": [RESERVED]

Y.Definitions beginning with"Y": [RESERVED]

Z.Definitions beginning with"Z": [RESERVED]

N.M. Admin. Code § 16.11.3.7

2-5-80...10-31-96; Rn, 16.11.3.7.19, 12-31-97; 12-31-97; Recompiled 12/31/01, Adopted by New Mexico Register, Volume XXXII, Issue 24, December 28, 2021, eff. 12/28/2021