N.M. Admin. Code § 16.11.3.9

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

Section 16.11.3.9 - PERMITS

A. General provisions:

(1) If caring for New Mexico residents, an apprentice or student midwife must be on one of three pathways:

(a) New Mexico state process;

(b) NARM's portfolio evaluation process (PEP); or

(c) accredited midwifery school enrollment.

(2) A permit or modified permit for an apprentice midwife or student midwife is required for any apprentice midwife or student midwife that will provide care for a New Mexico resident

(a) an apprentice midwife permit is required for those who are utilizing the New Mexico state process;

(b) a student midwife modified permit is required for those who are enrolled in a U.S. department of education accredited midwifery school or utilizing the NARM's PEP.

(3) A permited apprentice midwife or student midwife may provide any care or services allowed by these regulations as set out in Subsection A of 16.11.3.14 NMAC only under the direct 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 apprentice midwives and student midwives.

(4) The division requires full disclosure of any past professional licensure, suspensions, and revocations which will be considered before granting any permit.

B. Apprentice midwife permits:

(1) Application for apprentice midwife permit must include all of the following:

(a) proof of high school diploma or GED or higher educational attainment;

(b) a completed agreement by the midwifery instructor to the preceptor relationship on the division's form;

(c) a completed apprentice application on the electronic division form; and

(d) the fee designated in Subsection D of 16.11.3.9 NMAC.

(2) Upon submission of a complete permit application, the division will supply to qualifying apprentice midwife applicants an apprentice midwife permit and necessary regulatory information applicable to apprenticeship:

(a) an apprentice midwife permit;

(b) the student workbook;

(c) a copy of the "department of health practice guidelines for New Mexico licensed midwives";

(d) a copy of the "standards and core competencies of practice for licensed midwives in New Mexico"; and

(e) a copy of Licensed Midwives regulations, 16.11.3 NMAC.

(3) A midwife apprentice must have successfully completed basic education requirements in midwifery and the requisite examination process, set forth in 16.11.3.12 NMAC, no sooner than the end of the second year but no later than the end of the sixth year after the initial apprentice permit is issued. Extensions beyond this period may be considered by the division on a case-by-case basis.

(a) Before receiving an endorsement from the division to take the division-approved written national examination for certification, an apprentice must successfully complete the following:

(i) a minimum of 24 months of theoretical and clinical education described in 16.11.3.12 NMAC; and

(ii) a completed student workbook submitted to the division;

(b) Upon passing of the division-approved written national examination for certification, the apprentice will be eligible for state licensure set forth in Paragraph (1) of Subsection B of 16.11.3.10 NMAC.

(4) Renewal of permits: An apprentice midwifery permit may be renewed once after the initial three years permit period. An apprentice applicant for renewal shall submit to the department:

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

(b) the renewal fee designated in Subsection D of 16.11.3.9 NMAC

(5) Lapse in permitted period: If there is a lapse greater than six months between first and second permitted period as defined in Paragraph (3) of Subsection P of 16.11.3.7 NMAC, an apprentice will need to restart the apprentice process.

(6) The division may revoke the permit at any time upon a finding of any act of incompetence or unprofessional conduct as defined in 16.11.3.11 NMAC.

C. Student midwife modified permit:

(1) Application for student midwife modified permit must include all of the following:

(a) proof of registration in a U.S department of education accredited midwifery school or proof of registration in the NARM's PEP;

(b) a completed agreement by any New Mexico approved midwifery instructor to the preceptor relationship on the division's form;

(c) a completed student midwife registration application on the electronic division form;

(d) the fee designated in Subsection D of 16.11.3.9 NMAC

(2) Upon proof of successful completion, the division will supply to qualifying student midwife applicants a student midwife modified permit.

(3) A student midwife modified permit is valid for three years.

(4) Renewal of modified permit: A student midwife modified permit may be renewed after the initial permitting period. A student midwife applicant for renewal shall submit to the department:

(a) a completed renewal application on the division's ELECTONIC form; and

(b) the fee designated in Subsection D of 16.11.3.9 NMAC.

D. Fees: All fees are non-refundable and shall be made by payment method designated by the department.

(1) Applications for initial midwife apprenticeship permit must be accompanied by payment to the division in the amount of sixty dollars ($60).

(2) Application for renewal of midwife apprentice permit shall be accompanied by a payment of sixty dollars ($60).

(3) Applications for student midwife modified permit must be accompanied by payment to the division in the amount of thirty dollars ($30).

(4) Application for renewal of a student midwife modified permit shall be accompanied by a payment of thirty dollars ($30).

(5) The late fee for renewing an apprentice permit or student midwife modifed permit when the complete application is not electronically submitted by the fifth calendar day of the month of the current permit or modified permit's expiration date, or for voluntary lapse of a permit or modified permit, will be an additional fee of $25; this fee is in addition to the renewal fee.

N.M. Admin. Code § 16.11.3.9

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