HB 178 — NURSING PRACTICE CHANGES

]"licensed N.practical nursing" means the practice of a directed scope of nursing requiring basic knowledge of the biological, physical, social and behavioral sciences and nursing procedures, which practice is at the direction of a registered nurse, physician or dentist licensed to practice in this state.

"licensed practical nursing" means the r i = r t e w d m a n o practice of a directed scope of nursing requiring basic d m :

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 4 - e a n e d r e l u [ A d knowledge of the biological, physical, social and behavioral sciences and nursing procedures, which practice is at the direction of a registered nurse, physician or dentist licensed to practice in this state.

and HB 178/a Page 4 (5) participating in the evaluation of responses to interventions;

hO. [K.

]"Nurse O.Licensure Compact" means the agreement entered into between New Mexico and other jurisdictions permitting the practice of professional registered nursing or licensed practical nursing pursuant to a multistate licensure privilege;

"NurseP. Licensure Compact" means the g o t hr agreement entered into between New Mexico and other g e i k jurisdictions permitting the practice of professional h r i s registered nursing or licensed practical nursing pursuant to a h , t, multistate licensure privilege;

e"nursing udiagnosis" gmeans ea bclinical ljudgment eabout eindividual, hfamily [L.or community responses to actual or potential health problems or life processes, which judgment provides a basis for the selection of nursing interventions to achieve outcomes for which the person making the judgment is accountable;

]Q. P.

"nursing diagnosis" means a clinical n d d i = = o h judgment about individual, family or community responses to l ] b ,d i a º e actual or potential health problems or life processes, which r i = r t e w d m a n o judgment provides a basis for the selection of nursing d m :

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 5 - e a n e d r e l u [ A d interventions to achieve outcomes for which the person making the judgment is accountable;

[M.

] Q.

(2) promoting and supporting optimal human HB 178/a Page 5 functions and responses;

(3) establishing an environment conducive to h well-being or to the support of a dignified death;

g o t hr (4) collaborating on the health care regimen;

g e i k (5) administering medications and performing h r i s treatments prescribed by a person authorized in this state or h , t, in any other state in the United States to prescribe them;

e u g e b l e e h (6) recording and reporting nursing n d d i = = o h observations, assessments, interventions and responses to l ] b ,d i a º e health care;

r i = r t e w d m a n o (7) providing counseling and health teaching;

d(8) mdelegating :and supervising nursing interventions that may be performed safely by others and are not in conflict with the Nursing Practice Act;

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 6 - e a n e d r e l u [ A d (8) delegating and supervising nursing interventions that may be performed safely by others and are not in conflict with the Nursing Practice Act;

[N.R.

] R.

(1) assessing the health status of HB 178/a Page 6 individuals, families and communities;

h (4) developing a plan of care;

g o t hr (5) determining nursing intervention to g e i k implement the plan of care;

h r i s (6) implementing the plan of care commensurate h , t, with education and verified competence;

e u g e b l e e h (7) evaluating responses to interventions;

n d d i = = o h (8) teaching based on the theory and practice l ] b ,d i a º e of nursing;

r i = r t e w d m a n o (9) managing and supervising the practice of dnursing; m :

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 7 - e a n e d r e l u [ A d nursing;

[O.] S.

[P.] T.

"scope of practice" means the parameters within HB 178/a Page 7 which nurses practice based upon education, experience, licensure, certification and expertise;

[and Q.] U.

"sedation" means the administration of medication to produce various levels of calmness, relaxation or h sleep, including:

g o t hr (1) minimum sedation, during which a patient g e i k responds normally to verbal commands and may have impaired h r i s cognitive function or coordinationcoordination, and respiratory and h , t, cardiovascular functions remain stable;

e u g e b l e e h (2) moderate sedation, during which a patient n d d i = = o h responds purposefully to verbal commands, either alone or l ] b ,d i a º e accompanied by light tactile stimulation;

respiratory functions r i = r t e w d m a n o remain stable;

and cardiovascular functions are usually dmaintained; m :

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 8 - e a n e d r e l u [ A d maintained;

or (4) palliative sedation, an end-of-life intervention used to provide a patient with relief of symptoms that cannot be controlled in a tolerable time frame despite the use of therapies and that are unlikely to be controlled by further therapies without excessive, HB 178/a Page 8 intolerable, acute or chronic side effects or complications, but not to intentionally hasten death;

"training program" means an educational program approved by the board." h SECTION 2.

Section 61-3-6 NMSA 1978 (being Laws 1973, g o t hr Chapter 149, Section 2, as amended) is amended to read:

g e i k "61-3-6.

ADMINISTRATION OF ANESTHETICS, SEDATIVES AND h r i s GENERAL ANESTHESIA.--[ItANESTHESIA.-- is unlawful for any person, other than h , t, a person licensed in New Mexico to practice medicine, e u g e b l e e h osteopathy or dentistry or] n d d i = = o h A.

A currently licensed certified registered nurse l ] b ,d i a º e anesthetist [to ] may administer [anesthetics] general r i = r t e w d m a n o anesthesia to any person.

[NothingB. in this section prohibits] d m :

bA eregistered dnurse scurrently ºlicensed opursuant tto nthe =Nursing .228607.3AICPractice MarchAct 20,may, 2025upon (10:26pm)the ssuccessful kcompletion mof erequired -training 9programs, -administer eanesthetics, as ordered by a nlicensed ephysician dor rindependent eprovider lor uper [employing Aorganization dprotocol, B.up to and including moderate sedation to any person." SECTION 3.

A [person] registered nurse currently licensed pursuant to the Nursing Practice Act [from using hypnosis or from administering local] may, upon the successful completion of required training programs, administer anesthetics HHHCº or»HHHC HHHCº, as ordered by a licensed physician or independent provider or per employing organization protocol, up to and including»HHHC moderate sedation to any person." SECTION 3.

The board shall annually elect a [chairman] chair, vice [chairman] chair and secretary from its entire membership.

Special meetings may be called by the [chairman ] chair and shall be called upon the written request of three or more h members of the board.

Notification of special meetings shall gHB o178/a tPage hr9 be made by certified mail unless such notice is waived by the g e i k entire board and noted in the minutes.

Notice of all regular h r i s meetings shall be made by regular mail at least ten days prior h , t, e u g to the meeting, and copies of the minutes of all meetings shall e b l e e h be mailed to each board member within thirty days after any n d d i = = o h meeting.

l ] b ,d i a º e C.

A majority of the board, including at least one r i = r t e w d m a n o officer, constitutes a quorum." dSECTION m4. :

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 10 - e a n e d r e l u [ A d SECTION 4.

hHB 178/a Page 10 E.

shall provide for the examination, licensing and g o t hr renewal of licenses of applicants;

g e i k F.

shall conduct hearings upon charges relating to h r i s discipline of a licensee or nurse not licensed to practice in h , t, New Mexico who is permitted to practice professional registered e u g e b l e e h nursing or licensed practical nursing in New Mexico pursuant to n d d i = = o h a multistate licensure privilege as provided in the Nurse l ] b ,d i a º e Licensure Compact;

r i = r t e w d m a n o G.

shall conduct hearings upon charges related to dan mapplicant :or discipline of a licensee or the denial, suspension or revocation of a license in accordance with the procedures of the Uniform Licensing Act;

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 11 - e a n e d r e l u [ A d an applicant or discipline of a licensee or the denial, suspension or revocation of a license in accordance with the procedures of the Uniform Licensing Act;

shall appoint and employ a qualified registered nurse, who shall not be a member of the board, to serve as executive officer to the board, and the board shall define the duties and responsibilities of the executive officerofficer; except that the power to grant, deny or withdraw approval for schools of nursing or to revoke, suspend or withhold a license authorized by the Nursing Practice Act shall not be delegated by the board;

hexcept L.that the power to grant, deny or withdraw approval for schools of nursing or to revoke, suspend or withhold a license authorized by the Nursing Practice Act shall not be delegated by the board;

shallHB provide178/a forPage such11 qualifiedL. assistants as u » r may be necessary to carry out the provisions of the Nursing t h g e l i Practice Act.

Suchshall employeesprovide shallfor such qualified assistants as may be paidnecessary ato salarycarry hout rthe iprovisions sof commensuratethe withNursing theirPractice duties;Act.

hSuch ,employees eshall hbe M.paid a salary commensurate with their duties;

shall,M. for the purpose of protecting the health t u g e b l e e , gh and well-being of residents of New Mexico and promoting current n d d i = = o h nursing knowledge and practice, promulgate rules establishing l ] b ,d i a º r continuing education requirements as a condition of license e r = t e w d m a n o renewal and shall study methods of monitoring continuing d m :

bshall, rfor ethe tpurpose ºof oprotecting tthe nhealth =and .228607.3AICwell-being Marchof 20,residents 2025of (10:26pm)New sMexico kand mpromoting ecurrent -nursing 12knowledge -and epractice, promulgate rules establishing continuing education requirements as a ncondition eof dlicense rrenewal eand lshall ustudy [methods Aof dmonitoring continuing competence;

HB 178/a Page 12 Q.

shall license qualified certified nurse h practitioners, certified registered nurse anesthetists and g o t hr certified clinical nurse specialists;

g e i k R.

shall register nurses not licensed to practice h r i s in New Mexico who are permitted to practice professional h , t, registered nursing or licensed practical nursing in New Mexico e u g e b l e e h pursuant to a multistate licensure privilege as provided in the n d d i = = o h Nurse Licensure Compact;

l ] b ,d i a º e S.

shall promulgate rules establishing standards rfor iauthorizing =prescriptive rauthority tto ecertified wnurse dpractitioners, mcertified aclinical nnurse ospecialists forand authorizing prescriptive authority to certified registered nurse danesthetists; m :

bT. e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 13 - e a n e d r e l u [ A d practitioners, certified clinical nurse specialists and certified registered nurse anesthetists;

[and ] T.

shall promulgate a rule creating a retired registered nurse license category without a licensing fee for HB 178/a Page 13 retired registered nurses who can serve on advisory and policymaking community and nonprofit organization boards;

h V.

shall ensure that New Mexico nursing data g o t hr collected by the board is owned by the board;

g e i k W.

shall develop and maintain a system that assists h r i s all schools of nursing with the coordination of pre-licensurepre- hlicensure , t, clinical placements;

eX. u g e b l e e h HHHCºX.

shall provide a nurse applying for a nfirst-time dlicense, dor iupon =renewal =of oa hlicense, first-timethe licenseoption for a single-statesingle license;or multistate license, which may incur an additional fee;

and uponY. renewal, a l ] b ,d i a º e nurse may apply for a multistate license for an additional fee;

r i = r t e w d m a n o and»HHHC d m :

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 14 - e a n e d r e l u [ A d HHHCºX.

shall provide a nurse applying for a first- time license, or upon renewal of a license, the option for a single or multistate license, which may incur an additional fee;

and»HHHC Y.

[The] An applicant who successfully passes the examination and submits a completed application may be issued by the board a license to practice as a registered nurse.

h B.

The board shall issue an expedited license to g o t hr practice professional registered nursing without an examination g e i k to an applicant who has been duly licensed in anotherHB licensing178/a hPage r14 ianother slicensing jurisdiction and holds a valid, unrestricted license and is in h , t, e u g good standing with the licensing board in that licensing e b l e e h jurisdiction.

The board shall expedite the issuance of a n d d i = = o h license in accordance with Section 61-1-31.1 NMSA 1978 within l ] b ,d i a º e thirty days.

If the board issues an expedited license to a rperson iwhose =prior rlicensing tjurisdiction edid wnot drequire mexamination, athe nboard omay personrequire whosethat priorperson licensingto jurisdictionpass didan notexamination requirebefore dapplying mfor :license renewal.

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 15 - e a n e d r e l u [ A d examination, the board may require that person to pass an examination before applying for license renewal.

for licensure without examination, a fee not to exceed [one hundred fifty dollars ($150) ] two hundred dollars ($200);

for licensure by examination when the examination is the first for the applicant in this state, a fee h not to exceed one hundred fifty dollars ($150);

g o t hr C.

for licensure by examination when the g e i k examination is other than the first examination, a fee not to hHB r178/a iPage s15 exceed sixty dollars ($60.00);

[and ] h , t, D.

for initial licensure as a certified nurse e u g e b l e e h practitioner, certified registered nurse anesthetist or n d d i = = o h certified clinical nurse specialist, a fee not to exceed [one l ] b ,d i a º e hundred dollars ($100)] two hundred dollars ($200).

This fee r i = r t e w d m a n o shall be in addition to the fee paid for registered nurse dlicensure; m :

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 16 - e a n e d r e l u [ A d licensure;

[The ] An applicant who passes the examination and submits a completed application may be issued a license by the board [a license] to practice as a licensed practical nurse.

The board shall issue an expedited license as a licensed practical nurse without an examination to an applicant h who has been duly licensed in another licensing jurisdiction g o t hr and holds a valid, unrestricted license and is in good standing g e i k with the licensing board in that licensing jurisdiction.

The h r i s board shall expedite the issuance of a licenseHB in178/a accordancePage h16 ,license t,in accordance with Section 61-1-31.1 NMSA 1978 within thirty days.

If the e u g e b l e e h board issues an expedited license to a person whose prior n d d i = = o h licensing jurisdiction did not require examination, the board l ] b ,d i a º e may require that person to pass an examination before applying r i = r t e w d m a n o for license renewal.

dC. m :

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 17 - e a n e d r e l u [ A d C.

(2) has successfully completed a program for h the education and preparation of nurse practitioners;

provided g o t hr that, if the applicant is initially licensed by the board or a g e i k board in another jurisdiction after January 1, 2001,HB the178/a hPage r17 i2001, sthe program shall be at the master's level or higher;

h , t, (3) has successfully completed the national e u g e b l e e h certifying examination in the applicant's specialty area;

and n d d i = = o h (4) is certified by a national nursing l ] b ,d i a º e organization.

r i = r t e w d m a n o B.

d(1) mperform :an advanced practice that is beyond the scope of practice of professional registered nursing;

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 18 - e a n e d r e l u [ A d (1) perform an advanced practice that is beyond the scope of practice of professional registered nursing;

and (3) serve as a primary, acute, chronic, long-long-term term and end-of-life health care provider and, as necessary, collaborate with licensed medical doctors, osteopathic physicians or [podiatrists ] podiatric physicians.

Certified nurse practitioners who have fulfilled requirements for prescriptive authority may prescribe in accordance with rules [guidelines and formularies for h individual certified nurse practitioners] promulgated by the u » r board.

t h g e l i D.

Certified nurse practitioners who have fulfilled h r i s requirements for prescriptive authority may distribute to their h , e h patients dangerous drugs and controlled substancesHB included178/a inPage t18 usubstances gincluded ein b l e e , gh Schedules II through V of the Controlled Substances Act that n d d i = = o h have been prepared, packaged or fabricated by a registered l ] b ,d i a º r pharmacist or doses of drugs that have been prepackaged by a e r = t e w d m a n o pharmaceutical manufacturer in accordance with the Pharmacy Act dand mthe :New Mexico Drug, Device and Cosmetic Act.

b r e t º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 19 - e a n e d r e l u [ A d and the New Mexico Drug, Device and Cosmetic Act.

Certified nurse practitioners licensed by a board prior to December 2, 1985 are not required to sit for a national certification examination or be certified by a national organization.

If the board issues an expedited license to a person whose prior licensing jurisdiction did not h require examination, the board may require that person to pass g o t hr an examination before applying for license renewal.

An g e i k applicant licensed under the laws of HB 178/a Page 19 a territory or foreign h r i s country shall demonstrate proficiency in English." h , t, SECTION 9.

Section 61-3-23.4 NMSA 1978 (being Laws 1991, e u g e b l e e h Chapter 190, Section 16, as amended) is amended to read:

n d d i = = o h "61-3-23.4.

CERTIFIED CLINICAL NURSE SPECIALIST-- l ] b ,d i a º e QUALIFICATIONS--ENDORSEMENT--EXPEDITED LICENSURE.-- r i = r t e w d m a n o A.

The board may license for advanced practice as a dcertified mclinical :nurse specialist an applicant who furnishes evidence satisfactory to the board that the applicant:

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 20 - e a n e d r e l u [ A d certified clinical nurse specialist an applicant who furnishes evidence satisfactory to the board that the applicant:

(2) make independent decisions in a specialized area of nursing practice using expert knowledge hHB 178/a Page 20 regarding the health care needs of the individual, family and g o t hr community, collaborating as necessary with other members of the g e i k health care team when the health care need is beyond the scope h r i s of practice of the certified clinical nurse specialist;

and h , t, (3) carry out therapeutic regimens in the area e u g e b l e e h of specialty practice, including the prescription and n d d i = = o h distribution of dangerous drugs.

l ] b ,d i a º e C.

A certified clinical nurse specialist who has rfulfilled ithe =requirements rfor tprescriptive eauthority win dthe marea aof nspecialty opractice fulfilledis authorized to prescribe, administer and distribute therapeutic measures, including dangerous drugs and controlled substances included in Schedules II through V of the requirementsControlled forSubstances prescriptiveAct authoritywithin the scope of specialty practice, including controlled substances pursuant to the Controlled Substances Act that have been prepared, packaged or fabricated by a registered pharmacist or doses of drugs that have been prepackaged by a pharmaceutical manufacturer in accordance with the dPharmacy mAct :and the New Mexico Drug, Device and Cosmetic Act.

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 21 - e a n e d r e l u [ A d area of specialty practice is authorized to prescribe, administer and distribute therapeutic measures, including dangerous drugs and controlled substances included in Schedules II through V of the Controlled Substances Act within the scope of specialty practice, including controlled substances pursuant to the Controlled Substances Act that have been prepared, packaged or fabricated by a registered pharmacist or doses of drugs that have been prepackaged by a pharmaceutical manufacturer in accordance with the Pharmacy Act and the New Mexico Drug, Device and Cosmetic Act.

Certified clinical nurse specialists who have fulfilled the requirements for prescriptive authority in the area of specialty practice may prescribe in accordance with rules [guidelines and formularies based on scope of practice and clinical setting for individual clinical nurse specialists] promulgated by the board.

h E.

Certified clinical nurse specialists licensed byHB g178/a oPage t21 hrby the board shall maintain certification in their specialty area.

g e i k F.

The board shall issue an expedited license to an h r i s applicant without an examination if the person has been duly h , t, licensed as a certified clinical nurse specialist in another e u g e b l e e h licensing jurisdiction and is in good standing with the n d d i = = o h licensing board in that licensing jurisdiction.

The board l ] b ,d i a º e shall expedite the issuance of the license in accordance with r i = r t e w d m a n o Section 61-1-31.1 NMSA 1978 within thirty days.

If the board dissues man :expedited license to a person whose prior licensing jurisdiction did not require examination, the board may require that person to pass an examination before applying for license renewal.

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 22 - e a n e d r e l u [ A d issues an expedited license to a person whose prior licensing jurisdiction did not require examination, the board may require that person to pass an examination before applying for license renewal.

Any person licensed pursuant to the provisions of the Nursing Practice Act who intends to continue practice shall renew the license every two years by the end of the applicant's renewal month and shall show proof of continuing education as required by the boardboard, except when on active military duty during a military action.

Upon receipt of the application and, except as HB 178/a Page 22 provided in Section 61-1-34 NMSA 1978, a fee, in an amount not h to exceed [one hundred ten dollars ($110) ] one hundred fifty u » r dollars ($150), a license valid for two years shall be issued.

t h g e l i Upon initial licensure, or upon renewal, a licensee may apply h r i s for a multistate license for an additional fee not to exceed h , e h fifty dollars ($50.00).

t u g e b l e e , gh C.

Upon receipt of the application and any required n d d i = = o h fee, the board shall verify the licensee's eligibility for l ] b ,d i a º r continued licensure and issue to the applicant a renewal e r = t e w d m a n o license for two years.

dD. m :

bA rperson ewho tallows ºa olicense tto nlapse =shall .228607.3AICbe Marchreinstated 20,by 2025the (10:26pm)board son kpayment mof eany -required 23fee -for ethe acurrent ntwo eyears dplus ra ereinstatement lfee unot [to Aexceed dtwo D.hundred dollars ($200);

A person who allows a license to lapse shall be reinstated by the board on payment of any required fee for the current two years plus a reinstatement fee not to exceed two hundred dollars ($200), provided that all other requirements are met." SECTION 11.

In accordance with the procedures contained in the Uniform Licensing Act, the board may deny, revoke or suspend any license held or applied for under the Nursing Practice Act, reprimand or place a licensee on probation or deny, limit or revoke the multistate licensure privilege of a nurse desiring to practice or practicing professional HB 178/a Page 23 registered nursing or licensed practical nursing as provided in h the Nurse Licensure Compact upon grounds that the licensee, g o t hr applicant or nurse:

g e i k (1) is guilty of fraud or deceit in procuring h r i s or attempting to procure a license or certificate of h , t, registration;

e u g e b l e e h (2) is convicted of a felony;

n d d i = = o h (3) is unfit or incompetent;

l ] b ,d i a º e (4) [is intemperate or ] is addicted to the use r i = r t e w d m a n o of habit-forming [drugs ] substances;

d(5) mis :mentally incompetent;

b(6) eis dguilty sof ºunprofessional oconduct tas ndefined =by .228607.3AICthe Marchrules 20,adopted 2025by (10:26pm)the sboard kpursuant mto ethe -Nursing 24Practice -Act; e a n e d r e l u [ A d (5) is mentally incompetent;

(6)(7) ishas guiltywillfully ofor unprofessionalrepeatedly conductviolated asany definedprovisions byof the rulesNursing [andPractice regulationsAct, ]including any rule adopted by the board pursuant to thethat Nursingact; Practice Act;

(7) has willfully or repeatedly violated any provisions of the Nursing Practice Act, including any rule [or regulation] adopted by the board pursuant to that act;

or HB 178/a Page 24 (9) uses conversion therapy on a minor.

h B.

Disciplinary proceedings may be instituted by g o t hr any person, shall be by complaint and shall conform with the g e i k provisions of the Uniform Licensing Act.

Any party to the h r i s hearing may obtain a copy of the hearing record upon payment of h , t, costs for the copy.

e u g e b l e e h SJCº C.

AllThe written and oral communications made by n d d i = = o h any person to the board relatingshall tonot potentialinitiate disciplinary l ] b ,d i a ºdisciplinary eaction action,more includingthan complaintstwo madeyears toafter the board,date arethat rit ireceives = r t e w d m a ncomplaint. o confidential communications and are not public records for the d m :

bD. e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 25 - e a n e d r e l u [ A d purposes of the Public Records Act.

AllThe data,time communicationslimitation andcontained informationin acquired,Subsection preparedC orof disseminatedthis bysection theshall boardnot relatingbe totolled actualby any civil or potentialcriminal disciplinarylitigation actionin which the licensee or anapplicant investigationis ofa complaintsparty, shallarising notsubstantially from the same facts, conduct, transactions or occurrences that would be disclosedthe exceptbasis tofor the extentboard's necessarydisciplinary for:action.

(1)E. carrying out the purposes of the board;

(2)The appealingboard may recover the actionscosts associated with the investigation and disposition of a disciplinary proceeding from the boardnurse who is the subject of the proceeding if the nurse is practicing professional registered nursing or licensed practical nursing pursuant to a courtmultistate oflicensure law;privilege as provided in the Nurse Licensure Compact.

orF. (3) referring the case to law enforcement agencies, national database clearinghouses or other licensing boards.

[C.]As D.used in this section:

Any(1) person"conversion filingtherapy" ameans complaintany shallpractice beor immunetreatment fromthat liabilityseeks arisingto outchange ofa civilperson's actionsexual ifHB the178/a complaintPage is25 filedorientation withor reasonablegender care.»SJCidentity, [D.]including SJCºE.»SJCany SJCºC.»SJCeffort Theto boardchange shallbehaviors notor initiategender aexpressions disciplinaryor actionto moreeliminate thanor tworeduce yearssexual afteror theromantic hattractions gor datefeelings thattoward itpersons receivesof athe complaint.same sex.

o t hr [E.

] SJCºF.»SJC SJCºD.»SJC The time limitation g e i k contained in Subsection Sfl1ºSJCº[D] E.»SJC SJCºD»SJC»Sfl1 h r i s h Sfl1ºSfl1ºE.»Sfl1»Sfl1 Sfl1ºC»Sfl1 of this section shall not , t, e u g be tolled by any civil or criminal litigation in which the e b l e e h licensee or applicant is a party, arising substantially from n d d i = = o h l ] b ,d the same facts, conduct, transactions or occurrences that would i a º e r i = r be the basis for the board's disciplinary action.

t e w d m a n o [F.

] SJCºG.»SJC SJCºE.»SJC The board may recover d m :

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 26 - e a n e d r e l u [ A d the costs associated with the investigation and disposition of a disciplinary proceeding from the nurse who is the subject of the proceeding if the nurse is practicing professional registered nursing or licensed practical nursing pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact.

[G.] SJCºH.»SJC SJCºF.»SJC As used in this section:

(1) "conversion therapy" means any practice or treatment that seeks to change a person's sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same sex.

(a) counseling or mental health services that provide acceptance, support and understanding of a person h without seeking to change gender identity or sexual u » r orientation;

or t h g e l i (b) mental health services that h r i s facilitate a person's coping, social support, sexual h , e h orientation or gender identity exploration and development, t u g e b l e e , gh including an intervention to prevent or address unlawful n d d i = = o h conduct or unsafe sexual practices, without seeking to change l ] b ,d i a º r gender identity or sexual orientation;

e(2) r"gender =identity" tmeans ea wperson's dself- mperception, abased non othe (2)person's "genderappearance, identity"behavior meansor aphysical characteristics, that the person exhibits more masculinity or femininity whether or not it matches the person's self-gender dor msex :assigned at birth;

b r e t º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 27 - e a n e d r e l u [ A d perception, HJCºor perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord or opposed to the person's physical anatomy, chromosomal sex or sex at birth»HJC HJCºbased on the person's appearance, behavior or physical characteristics, that the person exhibits more masculinity or femininity whether or not it matches the person' gender or sex assigned at birth»HJC ;

and (4) "sexual orientation" means HJCºa heterosexuality, homosexuality or bisexuality, whether actual or perceived»HJC HJCºa person's physical, romantic or emotional attraction to persons of the same or different gender or the absence of any such attraction»HJCattraction." ."HB 178/a Page 26 SECTION 12.

Section 61-3-29.1 NMSA 1978 (being Laws 1987, h Chapter 285, Section 1, as amended) is amended to read:

u » r t h "61-3-29.1.

[DIVERSION] ALTERNATIVE TO DISCIPLINE PROGRAM g e l i CREATED--ADVISORY COMMITTEE--RENEWAL FEE--REQUIREMENTS-- h r i s IMMUNITY FROM CIVIL ACTIONS.-- h , e h t u g A.

The board shall establish [a diversion ] an e b l e e , gh alternative to discipline program to rehabilitate nurses whose n d d i = = o h competencies may be impaired because of the [abuse of drugs or l ] b ,d i a º r e r = alcohol] use of habit-forming substances so that nurses can be t e w d m a n o treated and returned to or continue the practice of nursing in da mmanner :that will benefit the public.

bThe rintent eof tthe ºalternative oto tdiscipline nprogram =is .228607.3AICto Marchdevelop 20,a 2025voluntary (10:26pm)alternative sto ktraditional mdisciplinary eactions -and 28an -alternative eto alengthy nand ecostly dinvestigations rand eadministrative lproceedings uagainst [such Anurses, dat athe mannersame thattime willproviding benefitadequate safeguards for the public.

The intent of the [diversion ] alternative to discipline program is to develop a voluntary alternative to traditional disciplinary actions and an alternative to lengthy and costly investigations and administrative proceedings against such nurses, at the same time providing adequate safeguards for the public.

HB 178/a Page 27 C.

Each regional advisory committee shall function under the direction of the board and in accordance with h [regulations ] rules of the board.

The [regulations] rules g o t hr shall include directions to a regional advisory committee to:

g e i k (1) establish criteria for continuance in the h r i s program;

h , t, (2) develop a written [diversion ] alternative e u g e b l e e h to discipline program contract to be approved by the board that n d d i = = o h sets forth the requirements that shall be met by the nurse and l ] b ,d i a º e the conditions under which the [diversion ] alternative to r i = r t e w d m a n o discipline program may be successfully completed or terminated;

d(3) mrecommend :to the board in favor of or against each nurse's discharge from the alternative to discipline program;

b(4) eevaluate deach snurse's ºprogress oin trecovery nand =compliance .228607.3AICwith March 20, 2025 (10:26pm) s k m e - 29 - e a n e d r e l u [ A d (3) recommend to the board in favor of or against each nurse's discharge from the [diversion ] alternative to discipline program;program contract;

(4) evaluate each nurse's progress in recovery and compliance with the nurse's [diversion ] alternative to discipline program contract;

and (7) coordinate educational programs and research related to [chemically dependent ] nurses addicted to the use of habit-forminghabit- forming substances.

The board may increase the renewal fee for each nurse in the state not to exceed twenty dollars ($20.00) for HB 178/a Page 28 the purpose of implementing and maintaining the [diversion ] alternative to discipline program.

Files of nurses in the [diversion ] alternative h to discipline program shall be maintained in the board office g o t hr and shall be confidential except as required to be disclosed g e i k pursuant to the Nurse Licensure Compact, when used to make a h r i s report to the board concerning a nurse who is not cooperating h , t, and complying with the [diversion ] alternative to discipline e u g e b l e e h program contract or, with written consent of a nurse, when used n d d i = = o h for research purposes as long as the nurse is not specifically l ] b ,d i a º e identified.

However, the files shall be subject to discovery r i = r t e w d m a n o or subpoena.

The confidential provisions of this subsection dare mof :no effect if the nurse admitted to the alternative to discipline program leaves the state prior to the completion of the program.

b e d s º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e - 30 - e a n e d r e l u [ A d are of no effect if the nurse admitted to the [diversion] alternative to discipline program leaves the state prior to the completion of the program.

A person making a report to the board or to a regional advisory committee regarding a nurse suspected of practicing nursing while [habitually intemperate or ] addicted to the use of habit-forming [drugs ] substances or making a report of a nurse's progress or lack of progress in rehabilitation shall be immune from civil action for defamation or other cause of action resulting from such reports if the reports are made in good faith and with some reasonable basis in fact.

A person admitted to the [diversion ] alternative to discipline program for chemically dependent nurses who fails HB 178/a Page 29 to comply with the provisions of this section or with the rules [and regulations ] adopted by the board pursuant to this section h or with the written [diversion ] alternative to discipline u » r program contract or with any amendments to the written t h g e l i [diversion ] alternative to discipline program contract may be h r i s subject to disciplinary action in accordance with Section h , e h 61-3-28 NMSA 1978." tHB u178/a gPage e30 b8 l25 e e , gh -31- n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .228607.3AIC March 20, 2025 (10:26pm) s k m e e a n e d r e l u [ A d