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HB 34/a
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AN ACT
RELATING TO SCHOOL PERSONNEL; CHANGING LICENSURE PROVISIONS
FOR SCHOOL NURSES; CLARIFYING THAT PROVISIONS INCLUDE SCHOOL
NURSES EMPLOYED BY CHARTER SCHOOLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-10A-8.2 NMSA 1978 (being Laws
2025, Chapter 150, Section 3) is amended to read:
"22-10A-8.2. SCHOOL NURSES--LEVEL ONE LICENSURE.--
A. A level one license is a provisional three-year
license for beginning registered nurses who do not have at
least three years of nursing experience satisfactory to the
department prior to being licensed as a school nurse and that
requires as a condition of licensure that the licensee
undergo a formal mentorship program for at least one full
school year and an annual intensive performance evaluation by
a level two or level three school nurse. If a school
district or charter school does not have a level two or level
three school nurse to perform the mentorship and evaluation
for a level one school nurse, the school district or charter
school shall defer to the department of health for guidance.
A registered nurse with at least three years of nursing
experience satisfactory to the department is not required to
serve as a level one school nurse.
B. Each school district or charter school, in
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accordance with department rules, shall provide for the
mentorship and evaluation of level one school nurses. At the
end of each year and at the end of the license period, the
level one school nurse shall be evaluated for competency. If
the school nurse fails to demonstrate satisfactory progress
and competence annually, the school nurse may be terminated
as provided in Section 22-10A-24 NMSA 1978.
C. Except in exigent circumstances defined by
department rule, a level one license shall not be extended
beyond the initial period.
D. The department shall issue a standard level one
license to an applicant who is at least eighteen years of age
who:
(1) holds an associate or baccalaureate
degree in nursing from an accredited educational institution;
(2) is licensed by the board of nursing as a
registered nurse; and
(3) meets other qualifications for level one
licensure, including clearance of the required background
check.
E. The department shall establish competencies and
qualifications for level one licensure.
F. The minimum salary for a level one school nurse
is the same as that for a level one teacher.
G. After the issuance of a license, a license
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holder shall not be required to meet changed requirements to
maintain the license until such time as the license expires
and the license holder seeks renewal of the license."
SECTION 2. Section 22-10A-10.1 NMSA 1978 (being Laws
2025, Chapter 150, Section 4) is amended to read:
"22-10A-10.1. SCHOOL NURSES--LEVEL TWO LICENSURE.--
A. A level two license is a nine-year license
granted to a nurse who:
(1) has demonstrated satisfactory progress
and competency as a level one school nurse; or
(2) has at least three years of registered
nursing experience satisfactory to the department.
B. If a level two school nurse does not
demonstrate essential competency in a given school year, the
school district or charter school shall provide the school
nurse with additional professional development and mentorship
during the following school year. If by the end of that
school year the school nurse fails to demonstrate essential
competency, a school district or charter school may choose
not to contract with the school nurse.
C. The minimum salary for a level two school nurse
is the same as that for a level two teacher."
SECTION 3. Section 22-10A-11.11 NMSA 1978 (being Laws
2025, Chapter 150, Section 5) is amended to read:
"22-10A-11.11. SCHOOL NURSES--LEVEL THREE LICENSURE.--
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A. A level three license is a nine-year license
granted to a nurse who meets the qualifications for that
level. If a level three school nurse does not demonstrate
essential nursing competency in a given school year, the
school district or charter school shall provide the school
nurse with additional professional development and mentorship
during the following school year. If by the end of that
school year the school nurse fails to demonstrate essential
nursing competency, a school district or charter school may
choose not to contract with the school nurse.
B. The department shall grant a level three
license to an applicant who:
(1) has been a level two school nurse for at
least three years or has at least three years of registered
nursing experience;
(2) holds a post-baccalaureate degree or is
certified by the national board for certification of school
nurses; and
(3) meets other qualifications for the
license as determined by the department.
C. The minimum salary for a level three school
nurse is the same as that for a level three-A teacher."
SECTION 4. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.