The bill amends Section 61-3A-3 of the New Mexico Nursing Practice Act to provide additional protections for nurses who invoke safe harbor. It clarifies the conditions under which a nurse may invoke safe harbor, including situations where the nurse believes they lack the necessary skills to provide safe care or questions the medical reasonableness of a provider's order. The bill also establishes a process for invoking safe harbor, which includes notifying supervisors, documenting the invocation, and conducting a post-occurrence review involving other nursing staff.

Significantly, the bill introduces new protections against retaliation for nurses who make good faith requests for safe harbor. It explicitly prohibits health care facilities and their personnel from bullying, demoting, suspending, terminating, or discriminating against nurses for invoking safe harbor, as well as from reporting such actions to the board of nursing. Additionally, the post-occurrence review must now include inquiries about any perceived retaliation, ensuring that nurses can safely advocate for patient care without fear of negative consequences.

Statutes affected:
introduced version: 61-3A-3