SB 31 — FULL TIME SCHOOL NURSE

SENATE BILL 31 55TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Elizabeth "Liz” Stefanics 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby PUBLICa EDUCATION;committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

REQUIRINGThe THATdocument EACHis SCHOOLa DISTRICTtool EMPLOYto Ashow MINIMUMamendments OFin ONEAN FULL-TIMEACT SCHOOLRELATING NURSE;TO PUBLIC EDUCATION;

PROVIDINGREQUIRING EXCEPTIONS;THAT EACH SCHOOL h DISTRICT EMPLOY A MINIMUM OF ONE FULL-TIME SCHOOL NURSE;

PROVIDINGg RULEMAKINGo AUTHORITY.PROVIDING EXCEPTIONS;

15PROVIDING BERULEMAKING ITAUTHORITY ENACTEDSECº BY; THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTIONt 1.hr g e i k MAKING AN APPROPRIATION»SEC .

Ah newr sectioni ofs theh Public, Schoolt, CodeBE isIT eENACTED tBY 17THE enactedLEGISLATURE toOF read:THE STATE OF NEW MEXICO:

we lu ng de 18b "[NEW MATERIAL] MANDATORY SCHOOL NURSE--WAIVER--RULEMAKING = = 19 a l AUTHORITY.--e i a e rh 20SECTION A.1.

EachA schoolnew districtsection shall employ a minimum of athe tPublic mSchool mCode 21is onen full-timed school nurse each school year, unless the d ri e= 22= departmento hash grantedenacted the school district a waiver pursuant to cread: e s k 23 Subsection B of this section.

l ] b ,d i a º e "[NEW MATERIAL ] MANDATORY SCHOOL NURSE--WAIVER--RULEMAKING r i = r t e w d m a n bo 24AUTHORITY.-- B.d m :

Theb departmente mayd grants aº waivero tot an rural= u.218458.2AIC [February school2, district2021 with(10:36am) fewers thank twom hundrede fiftye MEMa thatn is:e d r e l u [ A d A.

.218458.2Each (1)school abledistrict toshall demonstrateemploy thata itminimum canof effectivelyone meetfull-time studentschool healthnurse needseach byschool hiringyear, aunless part-timethe department has granted the school nurse;district a waiver pursuant to Subsection B SECº or C»SEC of this section.

B.

The department SECºmay»SEC SECºshall»SEC grant a waiver to a rural school district with fewer than two hundred fifty MEM that is:

(1) able to demonstrate that it can effectively meet student health needs by hiring a part-time school nurse;

provided that the school district shall provide documentation of the school district's unsuccessful attempts to hire or contract with a school nurse h to the department.

g o t hr SECº C.

The department shall grant a waiver to a g e i k state or locally authorized charter school.»SEC h r i s SECºC.»SEC SECºD.»SEC The department shall h , t, e u g promulgate rules pursuant to this section.

D.e b l e e h SECº D.»SEC SECºE.»SEC As used in this section, n d d i = = o h "school nurse" means a person who:

Asl used] inb this,d section,i "schoola nurse"º meanse r i = r (1) is a personnurse who:authorized pursuant to the t e w d m a n o Nursing Practice Act to practice as a professional registered d m :

(1)b ise ad nurses authorizedº pursuanto tot then Nursing= Practice.218458.2AIC ActFebruary to2, practice2021 as(10:36am) s k m e - 2 - e a professionaln registerede d r e tl 17u [ A d nurse;

wSECº l n d 18 (2) is licensed by the department and the = = 19 a l board of nursing as a school nurse;

andand»SEC iSECº(2) ais elicensed rby 20the (3)board providesof servicesnursing as a schoolnurse; nurse at a a t m m 21 school." d r e 22 SECTION 2.

Section(3) 22-8-9is NMSAlicensed 1978by (beingthe Lawsdepartment 1967, c e s k 23 Chapter 16, Section 63, as amended by Laws 2019, Chapter 206, e a nschool bnurse; 24 Section 10 and by Laws 2019, Chapter 207, Section 10) is u [ amended to read:

.218458.2and»SEC -SECº(3)»SEC 2SECº(4)»SEC -provides "22-8-9.services as a school nurse at a school." SECTION 2.

Section 22-8-9 NMSA 1978 (being Laws 1967, Chapter 16, Section 63, as amended by Laws 2019, Chapter 206, Section 10 and by Laws 2019, Chapter 207, Section 10) is amended to read:

"22-8-9.

An operating budget for a school district shall not be approved by the department if the educational plan does h not provide for:

g o t hr (1) a school year and school day as provided g e i k in Section 22-2-8.1 NMSA 1978;

[and][and ] h r i s (2) a pupil-teacher ratio or class or teaching h , t, e u g load as provided in Section 22-10A-20 NMSA 1978;

and e b l e e h (3) employment of a full-time school nurse as n d d i = = o h defined in Section 1 of this 2021 act at the school district l ] b ,d i a º e r i = r unless a waiver has been granted as provided in Section 1 of t e w d m a n o this 2021 act.

B.d m :

b e d s º o t n = .218458.2AIC February 2, 2021 (10:36am) s k m e - 3 - e a n e d r e l u [ A d B.

e t 17 C.

As used in this section, "school nurse" means a w l n d 18 person who:

= = 19 a l (1) is a nurse authorized pursuant to the i a e r 20 Nursing Practice Act to practice as a professional registered a t m m 21 nurse;

d r e 22 (2) is licensed by the department and the c e s k 23 board of nursing as a school nurse;

and e a n b 24 (3) provides services as a school nurse at a u [ school." .218458.2SECº - 3 - SECTION 3.

EFFECTIVEAPPROPRIATION.--Two DATE.--Thehundred effectivethousand datedollars of($200,000) is appropriated from the provisionsgeneral offund thisto actthe ispublic Julyeducation 1,department 2021.for expenditure in fiscal year 2022 h to assist public schools in hiring school nurses in each public u » r school and charter school in the state.

-Any 4unexpended -or 5t 7h 9g 11e 13l 15i eunencumbered tbalance 17remaining wat lthe nend dof 18fiscal =year =2022 19h ar l i as shall revert to the general fund.»SEC h , e rh 20SECTION aSECº3.»SEC tSECº4.»SEC mEFFECTIVE mDATE.--The 21t du rg e 22b cl e se k, 23gh eeffective adate nof bthe 24provisions uof [this .218458.2act is July 1, 2021.