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6.63.16NMAC


Published: 2015

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TITLE 6                 PRIMARY AND SECONDARY EDUCATION

CHAPTER 63       SCHOOL PERSONNEL - LICENSURE REQUIREMENTS

FOR ANCILLARY AND

                                SUPPORT

PERSONNEL

PART 16               LICENSURE FOR SCHOOL LICENSED

PRACTICAL NURSES, GRADES PRE K-12

 

6.63.16.1               ISSUING AGENCY:  Public Education Department (PED)

[6.63.16.1 NMAC - N, 05-28-04; A, 07-01-08]

 

6.63.16.2               SCOPE:  This rule governs licensure for school

licensed practical nurses, grades Pre K-12.

[6.63.16.2 NMAC - N, 05-28-04; A, 07-01-08]

 

6.63.16.3               STATUTORY AUTHORITY:  Sections 22-2-1, 22-2-2, 22-10A-3, and

22-10A-17, NMSA 1978.

[6.63.16.3 NMAC - N, 05-28-04]

 

6.63.16.4               DURATION:  Permanent

[6.63.16.4 NMAC - N, 05-28-04]

 

6.63.16.5               EFFECTIVE DATE:  May 28, 2004, unless a later date is cited in

the history note at the end of a section.

[6.63.16.5 NMAC - N, 05-28-04]

 

6.63.16.6               OBJECTIVE:  This rule establishes the requirements for

school licensed practical nurses, grades Pre K-12, for persons seeking such

licensure.

[6.63.16.6 NMAC - N, 05-28-04; A, 07-01-08]

 

6.63.16.7               DEFINITIONS:

                A.            “Administration of medications” is a

process as defined in Paragraph (2) of Subsection A of 16.12.2.7 NMAC whereby a

prescribed drug or biological agent is given to a patient/client by a person

licensed to administer medications.  The

administration of medications is a procedure which requires a knowledge of

anatomy, physiology, pathophysiology, and pharmacology.  When administering a medication, the licensed

person is required to assess the patient/client’s health status and disease

process before and after the administration of the medication and to evaluate

the patient/client’s response to the drug or biologic agent.

                B.            "Assessment”

as defined in Paragraph (8) of Subsection A of 16.12.2.7 NMAC means the review

and interpretation by a licensed individual of specific data necessary

to determine the patient/client 's care and treatment needs.

                C.            “Assisting an individual to take a

medication” implies that the individual is responsible for his own care or

parent/legal guardian/surrogate can determine if the individual is receiving

the expected response from the medication. 

The definition of administration of medications by licensed persons as

defined above should not be confused with assisting an individual to take a

medication.

                D.            “Competency in nursing” as defined

by Paragraph (3) of Subsection C of 16.12.2.7 NMAC, is the ability to perform

skillfully and proficiently the role of the licensee.  The role encompasses essential knowledge,

judgment, attitudes, values, skills and abilities, which are varied in range and

complexity.  Competency is a dynamic

concept and is based on educational training, preparation, and expertise.

                E.             “Delegation” means that the nurse

shall assign/delegate to licensed and unlicensed persons only those nursing

functions which that person is prepared, qualified, or licensed to perform.

                   

(1)     The nurse is accountable

for assessing the situation and is responsible for the decision to delegate or

make the assignment.

                   

(2)     The delegating nurse is

accountable for each activity delegated, for supervising the delegated function

or activity, and for assessing the outcome of the delegated function or activity.

                   

(3)     The nurse may delegate

nursing activities other than the specific functions of medication

administration, assessment, evaluation and nursing judgment to non-licensed

persons, except for the administration of medications as provided for in

Paragraph (3) of Subsection B of 16.12.2.12 NMAC.

                F.             “Licensed practical nursing” as defined

in Subsection I of Section 61-3-3, NMSA 1978, 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. This practice includes but is not limited to:

                   

(1)     contributing to the

assessment of the health status of individuals, families and communities;

                    (2)    

participating in the development and modification of the plan of care;

                   

(3)     implementing appropriate

aspects of the plan of care commensurate with education and verified

competence;

                   

(4)     collaborating with other

health care professionals in the management of health care; and

                   

(5)     participating in the

evaluation of responses to interventions.

                G.            “Nursing Practice Act” means Chapter

61, Article 3 NMSA 1978 regulating the practice of nursing, schools of nursing,

hemodialysis technicians and medication aides in the state.

                H.            “Professional registered nursing” as

defined in Subsection M of Section 61-3-3, NMSA 1978, means the practice of the

full scope of nursing requiring substantial knowledge of the biological,

physical, social and behavioral sciences and of nursing theory and may include

advanced practice pursuant to the Nursing Practice Act.  This practice includes but is not limited to:

                   

(1)     assessing the health

status of individuals, families, and communities;

                   

(2)     establishing a nursing

diagnosis;

                   

(3)     establishing goals to meet

identified health care needs;

                   

(4)     developing a plan of care;

                   

(5)     determining nursing

interventions to implement the plan of care;

                   

(6)     implementing the plan of

care commensurate with education and verified competence;

                   

(7)     evaluating responses to

interventions;

                   

(8)     teaching based on the

theory and practice of nursing;

                   

(9)     managing and supervising

the practice of nursing;

                   

(10)     collaborating with other

health care professionals in the management of health care; and

                   

(11)     conducting nursing

research.

                I.              “Scope of practice” as defined in

Subsection O of Section 61-3-3, NMSA 1978, means the parameters within which

nurses practice based upon education, experience, licensure, certification and

expertise.

                J.             “Supervision/direction” as defined

in Paragraph (5) of Subsection S of 16.12.2.7 NMAC, means initial verification

of a person’s knowledge and skills in the performance of a specific function or

activity followed by periodic observation, direction and evaluation of that

person’s knowledge and skills as related to the specific functions or activity.

[6.63.16.7 NMAC - N, 05-28-04; A, 07-01-08]

 

6.63.16.8               REQUIREMENTS:  Persons seeking licensure as a school licensed

practical nurse (LPN) pursuant to the provisions of this rule shall meet the

following requirements:

                A.            high school diploma or equivalency;

and

                B.            minimum 18 years of age; and

                C.            current valid American red cross,

American heart association or national safety council certification in

cardiopulmonary resuscitation (CPR); and

                D.            completion of a state approved or nationally

accredited program of study for practical nursing; and

                E.             current valid practical nursing

license issued by the New Mexico board of nursing or any successor licensing

board for nurses; or license from another state based on current compact state

license according to New Mexico nursing board rule 16.12.2 NMAC, and

                F.             minimum of one year of supervised

clinical nursing experience, outside of a school setting; and

                G.            verification by the public school superintendent

or private school official that a local orientation related to assigned duties,

and facilitated by the PED licensed registered nurse, was satisfactorily

completed.

[6.63.16.8 NMAC - N, 05-28-04; A, 07-01-08]

 

6.63.16.9               CONTINUING LICENSURE FOR SCHOOL

LICENSED PRACTICAL NURSES:  Persons

holding a valid level 1 school licensed practical nurse and seeking a level 2

license shall meet the following requirements:

                A.            A completed application for

continuing New Mexico licensure shall be submitted to the PED.

                B.            The superintendent of the local

school district or the governing authority of the state institution or private

school by which the applicant has been most recently employed as of the date of

application for continuing licensure must submit verification that the

applicant satisfactorily demonstrates the competencies for school licensed

practical nurse.

                C.            A copy of a valid practical nursing

license shall be submitted with the application for continuing New Mexico

licensure.

[6.63.16.9 NMAC - N, 05-28-04; A, 07-01-08]

 

6.63.16.10             COMPETENCIES FOR ENTRY LEVEL SCHOOL

LICENSED PRACTICAL NURSES:  The

principle role of the school licensed practical nurse is to assist the PED licensed

registered nurse with the implementation of the school health program, by

providing practical nursing care for students in the health room, and by

meeting the complex needs of medically fragile/severely disabled students. This

includes, but is not limited to, nursing procedures, medication administration,

assisting in the assessment and monitoring of the health and immunization

status of students, and communicating effectively with parents, students,

medical providers and school staff. 

These functions may be carried out in the health room or classroom,

traveling to and from school, and on field trips for community based

instruction.

                A.            Contributes to the assessment of the

health status of individual students and schools.

                   

(1)     uses basic nursing

knowledge to assess and monitor the status of individual students;

                   

(2)     participates in the

routine health screening, and assists in the assessment of screening results;

                   

(3)     assists in the assessment

of the immunization status of the student population.

                B.            Participates in the development of

the nursing plan for care for individual students and the school population.

                   

(1)     assists with the

development of individualized health/emergency care plans;

                   

(2)     assists with school

planning related to health and safety.

                C.            Implements aspects of the nursing

plan of care, commensurate with education and verified competency, under the

direction and supervision of the PED licensed registered nurse.

                   

(1)     provides nursing/medically

prescribed interventions including, but not limited to: tube feeding, urinary

catheterization, glucose monitoring, tracheal suctioning, nebulizer treatment,

peak flow measurement and ventilator care;

                   

(2)     administers medications to

students who are unable to self administer their medications in compliance with

the Nursing Practice Act;

                   

(3)     assists in the

implementation of policies and procedures regarding the control of communicable

diseases in schools;

                   

(4)     prepares and maintains

accurate and complete records and reports as required by law, state directives,

district policy and administrative regulations.

                D.            Collaborates with PED licensed

registered nurses, health assistants, site administrators, school staff,

parents and students regarding the provision of health care for individual

students and the school population as a whole.

                E.             Participates in the evaluation of

responses to nursing interventions.

                F.             Maintains professional competence

through individual and staff training, in-service educational activities and

self-selected professional growth activities.

                G.            Shares the responsibility for the

care of district inventory, as well as the proper and safe use of facilities,

equipment and supplies, reporting safety hazards promptly.

                H.            Maintains confidentiality in

accordance with state and federal laws and district policy.

                I.              Demonstrates effective interpersonal

and communication skills (written and oral) with diverse populations.

[6.63.16.10 NMAC - N, 05-28-04; A, 07-01-08]

 

6.63.16.11             NOTIFICATION REQUIREMENT:  All persons issued a license as school

licensed practical nurses, grades Pre K-12, by the PED shall continuously hold

a license issued by the board of nursing for so long as they hold licensure

issued by the PED.

                A.            Should this underlying license

expire, be suspended or revoked, or its renewed or initial issuance denied, a

person seeking or holding a license as a school licensed practical nurse,

grades Pre K-12 from the PED shall notify the local school superintendent and

the professional licensure bureau (PLB) in writing within fourteen (14)

calendar days of such suspension, revocation, denial or expiration.

                B.            Suspension, revocation, denial or

expiration of the license issued by the board of nursing shall constitute just

cause for discharge or termination from employment, and for suspension,

revocation or denial of renewed or initial issuance of an instructional support

provider license.

[6.63.16.11 NMAC - N,

05-28-04; A, 07-01-08]

 

HISTORY OF 6.63.16

NMAC:  [RESERVED]