SCHOOL NURSE LICENSURE PROVISIONS, the official text

HOUSE BILL 34

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Joy Garratt and Natalie Figueroa

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 three
school nurse; provided that the department shall promulgate
rules for mentorship and evaluation when a school district or
charter school does not have a level three nurse. 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
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. [If the school nurse
has not demonstrated satisfactory progress and competence by
the end of the three-year period, the school nurse shall not be
granted a level two license.]

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 [for a standard
nine and one-half month contract].

G. After the issuance of a license, a license
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 [school] nurse who [is a registered nurse who
holds a level one license]:

(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 [and who
meets the qualifications for level two licensure and who
annually demonstrates essential competency to nurse].

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.

[B. The department shall issue a level two license
to an applicant who has served successfully as a school nurse
at level one or who has at least three years of registered
nursing experience or is granted reciprocity as provided by
department rules. An applicant for a level two license shall:

(1) demonstrate essential competency required
by the department as verified by the local superintendent
through a highly objective uniform statewide standard of
evaluation for school nurses; and

(2) meet other qualifications as required by
the department.]

C. The minimum salary for a level two school nurse
is the same as that for a level two teacher [for a standard
nine and one-half month contract]."

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.--

A. A level three license is a nine-year license
granted to a school nurse who meets the qualifications for that
level [and who annually demonstrates nursing leadership
competencies]. If a level three school nurse does not
demonstrate essential nursing [leadership] 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 [leadership] 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;

(2) holds a post-baccalaureate degree or is
certified by the national board for certification of school
nurses; and

[(3) demonstrates nursing leadership
competence as required by the department and verified by the
local superintendent through a highly objective uniform
statewide standard of evaluation; and

(4)] (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 [for a
standard nine and one-half month contract]."

SECTION 4. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

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