HB 34

1AN ACT
2  RELATING TO SCHOOL PERSONNEL; CHANGING LICENSURE PROVISIONS
3  FOR SCHOOL NURSES; CLARIFYING THAT PROVISIONS INCLUDE SCHOOL
4  NURSES EMPLOYED BY CHARTER SCHOOLS.
5
6  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
7SECTION 1.   Section 22-10A-8.2 NMSA 1978 (being Laws
8  2025, Chapter 150, Section 3) is amended to read:
9"22-10A-8.2.   SCHOOL NURSES--LEVEL ONE LICENSURE.--
10A.   A level one license is a provisional three-year
11 license for beginning registered nurses who do not have at
12 least three years of nursing experience satisfactory to the
13 department prior to being licensed as a school nurse and that
14 requires as a condition of licensure that the licensee
15 undergo a formal mentorship program for at least one full
16 school year and an annual intensive performance evaluation by
17 a level two or level three school nurse.   If a school
18 district or charter school does not have a level two or level
19 three school nurse to perform the mentorship and evaluation
20 for a level one school nurse, the school district or charter
21 school shall defer to the department of health for guidance.
22 A registered nurse with at least three years of nursing
23 experience satisfactory to the department is not required to
24 serve as a level one school nurse.
25B.   Each school district or charter school, in        HB 34/a
                                                                  Page 1
1  accordance with department rules, shall provide for the
2  mentorship and evaluation of level one school nurses.    At the
3  end of each year and at the end of the license period, the
4  level one school nurse shall be evaluated for competency.     If
5  the school nurse fails to demonstrate satisfactory progress
6  and competence annually, the school nurse may be terminated
7  as provided in Section 22-10A-24 NMSA 1978.
8C.   Except in exigent circumstances defined by
9  department rule, a level one license shall not be extended
10 beyond the initial period.
11D.   The department shall issue a standard level one
12 license to an applicant who is at least eighteen years of age
13 who:
14(1)     holds an associate or baccalaureate
15 degree in nursing from an accredited educational institution;
16(2)     is licensed by the board of nursing as a
17 registered nurse; and
18(3)     meets other qualifications for level one
19 licensure, including clearance of the required background
20 check.
21E.   The department shall establish competencies and
22 qualifications for level one licensure.
23F.   The minimum salary for a level one school nurse
24 is the same as that for a level one teacher.
25G.   After the issuance of a license, a license  HB 34/a
                                                                    Page 2
1  holder shall not be required to meet changed requirements to
2  maintain the license until such time as the license expires
3  and the license holder seeks renewal of the license."
4SECTION 2.    Section 22-10A-10.1 NMSA 1978 (being Laws
5  2025, Chapter 150, Section 4) is amended to read:
6"22-10A-10.1.      SCHOOL NURSES--LEVEL TWO LICENSURE.--
7A.   A level two license is a nine-year license
8  granted to a nurse who:
9(1)   has demonstrated satisfactory progress
10 and competency as a level one school nurse; or
11(2)   has at least three years of registered
12 nursing experience satisfactory to the department.
13B.   If a level two school nurse does not
14 demonstrate essential competency in a given school year, the
15 school district or charter school shall provide the school
16 nurse with additional professional development and mentorship
17 during the following school year.     If by the end of that
18 school year the school nurse fails to demonstrate essential
19 competency, a school district or charter school may choose
20 not to contract with the school nurse.
21C.   The minimum salary for a level two school nurse
22 is the same as that for a level two teacher."
23      SECTION 3.    Section 22-10A-11.11 NMSA 1978 (being Laws
24 2025, Chapter 150, Section 5) is amended to read:
25      "22-10A-11.11.      SCHOOL NURSES--LEVEL THREE LICENSURE.--   HB 34/a
                                                                    Page 3
1A.   A level three license is a nine-year license
2  granted to a nurse who meets the qualifications for that
3  level.   If a level three school nurse does not demonstrate
4  essential nursing competency in a given school year, the
5  school district or charter school shall provide the school
6  nurse with additional professional development and mentorship
7  during the following school year.    If by the end of that
8  school year the school nurse fails to demonstrate essential
9  nursing competency, a school district or charter school may
10 choose not to contract with the school nurse.
11B.   The department shall grant a level three
12 license to an applicant who:
13(1)   has been a level two school nurse for at
14 least three years or has at least three years of registered
15 nursing experience;
16(2)   holds a post-baccalaureate degree or is
17 certified by the national board for certification of school
18 nurses; and
19(3)   meets other qualifications for the
20 license as determined by the department.
21C.   The minimum salary for a level three school
22 nurse is the same as that for a level three-A teacher."
23      SECTION 4.    EFFECTIVE DATE.--The effective date of the
24 provisions of this act is July 1, 2026.  HB 34/a
                                                                    Page 4
25