2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-10 - Powers; duties.

The board:
A. shall promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] as necessary to enable it to carry into effect the provisions of the Nursing Practice Act and to maintain high standards of practice;
B. shall prescribe standards and approve curricula for educational programs preparing persons for licensure under the Nursing Practice Act;
C. shall provide for surveys of educational programs preparing persons for licensure under the Nursing Practice Act;
D. shall grant, deny or withdraw approval from educational programs for failure to meet prescribed standards, if a majority of the board concurs in the decision;
E. shall provide for the examination, licensing and renewal of licenses of applicants;
F. shall conduct hearings upon charges relating to discipline of a licensee or nurse not licensed to practice in New Mexico who is permitted to practice professional registered nursing or licensed practical nursing in New Mexico pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact [61-3-24.1 NMSA 1978];
G. conduct hearings upon charges related to an applicant or discipline of a licensee or the denial, suspension or revocation of a license in accordance with the procedures of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978];
H. shall cause the prosecution of persons violating the Nursing Practice Act and have the power to incur such expense as is necessary for the prosecution;
I. shall keep a record of all proceedings;
J. shall make an annual report to the governor;
K. shall appoint and employ a qualified registered nurse, who shall not be a member of the board, to serve as executive officer to the board, and the board shall define the duties and responsibilities of the executive officer except that the power to grant, deny or withdraw approval for schools of nursing or to revoke, suspend or withhold a license authorized by the Nursing Practice Act shall not be delegated by the board;
L. shall provide for such qualified assistants as may be necessary to carry out the provisions of the Nursing Practice Act. Such employees shall be paid a salary commensurate with their duties;
M. shall, for the purpose of protecting the health and well-being of residents of New Mexico and promoting current nursing knowledge and practice, promulgate rules establishing continuing education requirements as a condition of license renewal and shall study methods of monitoring continuing competence;
N. may appoint advisory committees consisting of at least one member who is a board member and at least two members who are expert in the pertinent field of health care to assist it in the performance of its duties. Committee members may be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978];
O. may promulgate rules designed to maintain an inactive status listing for registered nurses and licensed practical nurses;
P. may promulgate rules to regulate the advanced practice of professional registered nursing and expanded practice of licensed practical nursing;
Q. shall license qualified certified nurse practitioners, certified registered nurse anesthetists and clinical nurse specialists;
R. shall register nurses not licensed to practice in New Mexico who are permitted to practice professional registered nursing or licensed practical nursing in New Mexico pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact;
S. shall promulgate rules establishing standards for authorizing prescriptive authority to certified nurse practitioners, clinical nurse specialists and certified registered nurse anesthetists; and
T. shall determine by rule the states and territories of the United States or the District of Columbia from which it will not accept an applicant for expedited licensure and shall determine any foreign countries from which it will accept an applicant for expedited licensure. The board shall post the lists of unapproved and approved licensing jurisdictions on the board's website. The list of disapproved licensing jurisdictions shall include the specific reasons for disapproval. The lists shall be reviewed annually to determine if amendments to the rule are warranted.
History:
1953 Comp., § 67-2-7, enacted by Laws 1968, ch. 44, § 7; 1977, ch. 220, § 4; 1991, ch. 190, § 6; 1997, ch. 244, § 6; 2003, ch. 276, § 4; 2003, ch. 307, § 7; 2022, ch. 39, § 14.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, provided that the board of nursing is subject to the provisions of the State Rules Act for promulgating rules and to the Uniform Licensing Act for licensing and disciplinary matters, required the board of nursing to determine by rule, and to post on its website, which states and territories of the United States or the District of Columbia from which the board will not accept an applicant for expedited licensure and those foreign countries from which the board will accept an applicant for expedited licensure, required that the list of disapproved licensing jurisdictions include a reason for disapproval, and required the board to review the lists annually to determine if amendments to the rule are needed; in Subsection A, after "shall", deleted "adopt and revise such" and added "promulgate", and after "rules", deleted "and regulations" and added "in accordance with the State Rules Act"; redesignated former Subsections G through R as Subsections H through S, respectively; in Subsection G, added "conduct hearings upon charges related to an applicant or discipline of a licensee"; in Subsection H, after "prosecution of", deleted "all", after "persons", deleted "including firms, associations, institutions and corporations", and after "is necessary", deleted "therefor" and added "for the prosecution"; and added Subsection T.
Temporary provisions.
— Laws 2022, ch. 39, § 104 provided that a board that is required by Laws 2022, ch. 39 to change its licensing provisions to allow for new or different expedited licensure shall have rules in place and operational by January 1, 2023.
2003 Amendments.
— Laws 2003, ch. 307, § 7, effective January 1, 2004, substituted "if" for "provided that" following "prescribed standards" near the end of Subsection D; inserted "or nurse not licensed to practice in New Mexico who is permitted to practice professional registered nursing or licensed practical nursing in New Mexico pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact" following "discipline of a licensee" near the middle of Subsection F; and added a new Subsection Q and redesignated former Subsection Q as Subsection R.
Laws 2003, ch. 276, § 4, effective June 20, 2003, at the end of Subsection Q inserted "and certified registered nurse anesthetists".
The 1997 amendment,
effective June 20, 1997, substituted "who" for "and" preceding "shall define" in Subsection J, added "and shall study methods of monitoring continuing competence" at the end of Subsection L, substituted "license qualified" for "endorse the qualifications of" at the beginning of Subsection P, and added Subsection Q.
The 1991 amendment,
effective June 14, 1991, substituted "educational" for "education" in Subsections D and L; substituted "at least one member who is a board member and at least two members" for "at least three members" in Subsection M; added Subsections O and P; and made a minor stylistic change in Subsection J and a related stylistic change in Subsection M.
Volunteers for the board of nursing would likely be covered under the liability policies for the state of New Mexico.
— The New Mexico Tort Claims Act explicitly contemplates that volunteers acting on behalf of the government may be considered public employees subject to its protections and to its waivers of those protections, 41-4-3(F)(3) NMSA 1978, and therefore, volunteers charged with reviewing complaints and making recommendations to the nursing board regarding potential disciplinary action against licensees would likely be deemed public employees acting on behalf or in service of a governmental entity, and liability policies of the state of New Mexico likely would cover negligent acts by these volunteers.
Use of Volunteers at the New Mexico State Board of Nursing
(11/26/18), Att'y Gen. Adv. Ltr. 2018-09.
The nursing board's use of volunteer committee members to assist the board in the approval of nursing programs does not violate the law.
— The Nursing Practice Act provides that the nursing board is authorized to prescribe standards and approve curricula for educational programs preparing persons for licensure under the Nursing Practice Act and is authorized to appoint advisory committees consisting of at least one member who is a board member and at least two members expert in the pertinent field of health care to assist it in the performance of its duties, and the New Mexico board of nursing employee policies set forth qualifications of committee members for each of the board's advisory committees. The board of nursing's practice of allowing volunteer committee members to make site visits for the purpose of assisting the board in approval of nursing programs, therefore, appears to comply with the law and is appropriate based on the required qualifications of the committee members.
Use of Volunteers at the New Mexico State Board of Nursing
(11/26/18), Att'y Gen. Adv. Ltr. 2018-09.
Applicability of the Open Meetings Act to volunteer nursing board advisory committees.
— The Open Meetings Act, 10-15-1 to 10-15-4 NMSA 1978, applies to a quorum of members of any board or commission or other policy making body of any state agency held for the purpose of formulating public policy or taking any action within the authority of, or the delegated authority of, any board or commission or other policymaking body, and therefore, meetings of a volunteer advisory committee appointed by the nursing board to provide advice and recommendations to the nursing board on various topics would not implicate the Open Meetings Act, unless the advisory committee includes among its members a quorum of the nursing board, in which case the committee meeting would need to be noticed as a public meeting and the minutes would need to be taken, and any minutes that are taken must be open to public access.
Use of Volunteers at the New Mexico State Board of Nursing
(11/26/18), Att'y Gen. Adv. Ltr. 2018-09.
Duplicate certificate.
— The board could establish regulations for issuing a duplicate certificate, but no fee could be charged therefor. 1966 Op. Att'y Gen. No. 66-99.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 22 to 24.