NM Stat § 61-3-23.3 (2021)
2021 New Mexico Statutes|Chapter 61 - Professional and Occupational Licenses|Article 3 - Nursing|Section 61-3-23.3 - Certified registered nurse anesthetist; qualifications; licensure; practice; endorsement; expedited licensure.

A. The board may license for advanced practice as a certified registered nurse anesthetist an applicant who furnishes evidence satisfactory to the board that the applicant: (1) is a registered nurse; (2) has successfully completed a nurse anesthesia education program accredited by the council on accreditation of nurse anesthesia education programs; provided that, if the applicant is initially licensed by the board or a board in another jurisdiction after January 1, 2001, the program shall be at a master's level or higher; and (3) is certified by the council on certification of nurse anesthetists. B. A certified registered nurse anesthetist may provide preoperative, intraoperative and postoperative anesthesia care and related services, including ordering of diagnostic tests, in accordance with the current American association of nurse anesthetists' guidelines for nurse anesthesia practice. C. Certified registered nurse anesthetists shall function in an interdependent role as a member of a health care team in which the medical care of the patient is directed by a licensed physician, osteopathic physician, dentist or podiatrist licensed in New Mexico pursuant to Chapter 61, Article 5A, 6, 8 or 10 NMSA 1978. The certified registered nurse anesthetist shall collaborate with the licensed physician, osteopathic physician, dentist or podiatrist concerning the anesthesia care of the patient. As used in this subsection, "collaboration" means the process in which each health care provider contributes the health care provider's respective expertise. Collaboration includes systematic formal planning and evaluation between the health care professionals involved in the collaborative practice arrangement. D. A certified registered nurse anesthetist who has fulfilled the requirements for prescriptive authority in the area of anesthesia practice is authorized to prescribe and administer therapeutic measures, including dangerous drugs and controlled substances included in Schedules II through V of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] within the emergency procedures, perioperative care or perinatal care environments. Dangerous drugs and controlled substances, pursuant to the Controlled Substances Act, that have been prepared, packaged or fabricated by a registered pharmacist or doses of drugs that have been prepackaged by a pharmaceutical manufacturer in accordance with the Pharmacy Act [Chapter 61, Article 11 NMSA 1978] and the New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978] may be prescribed and administered. E. A certified registered nurse anesthetist who has fulfilled the requirements for prescriptive authority in the area of anesthesia practice may prescribe in accordance with rules, regulations and guidelines. The board shall adopt rules concerning a prescriptive authority formulary for certified registered nurse anesthetists that shall be based on the scope of practice of certified registered nurse anesthetists. The board, in collaboration with the New Mexico medical board, shall develop the formulary. Certified registered nurse anesthetists who prescribe shall do so in accordance with the prescriptive authority formulary. F. From July 1, 2014 through June 30, 2019, upon a determination by the board that an application is complete and approved, the board shall issue a license to a certified registered nurse anesthetist licensed in another state if the applicant meets the qualifications required of certified registered nurse anesthetists in this state. The board shall expedite the issuance of the license within five business days. G. A health care facility may adopt policies relating to the providing of anesthesia care. H. A certified registered nurse anesthetist licensed by the board shall maintain this certification with the American association of nurse anesthetists' council on certification. History: 1978 Comp., § 61-3-23.3, enacted by Laws 1991, ch. 190, § 15; 1997, ch. 244, § 15; 2001, ch. 137, § 9; 2014, ch. 3, § 4. ANNOTATIONSCross references. — For the New Mexico medical board, see 61-6-2 NMSA 1978 et seq. For the Anesthesiologist Assistants Act, see 61-6-10.1 NMSA 1978 et seq. The 2014 amendment, effective July 1, 2014, provided for the expedited licensure for nurses licensed in other states; in the catchline, added "expedited licensure"; and added Subsection F. The 2001 amendment, effective June 15, 2001, inserted "endorsement" in the section heading; in Subsection A, substituted "council on the accreditation of nurse anesthesia education programs" for "American association of nurse anesthetists' council on accreditation" in Paragraph (2) and substituted "council on certification of nurse anesthetists" for "American association of nurse anesthetists" in Paragraph (3); inserted "including ordering of diagnostic tests" in Subsection B; rewrote Subsection C; and added Subsections D through G. The 1997 amendment, effective June 20, 1997, substituted "licensure" for "endorsement" in the section heading, substituted "may license for advanced" for "may endorse for expanded" at the beginning of Subsection A, rewrote Paragraph A(2), substituted "Chapter 61, Article 5A" for "Chapter 60, Article 5", and made minor stylistic changes in Subsection C. Interdependent relationship. — Nurse anesthetist held to be an independent contractor and not a federal employee under contract and this section which provides that the relationship between the physician and the certified registered nurse anesthetist to one that is now characterized as interdependent. Garcia v. Reed, 227 F. Supp. 2d 1183 (D.N.M. 2002). Requirement on physician. — This section does not require that the physician "supervise" or be "present" during a procedure administered by the certified registered nurse anesthetist. Garcia v. Reed, 227 F. Supp. 2d 1183 (D.N.M. 2002).