reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-11 - License fees; licensure under prior law.

A. The board shall set fees for the following by rule:
(1) application fee in an amount not to exceed five hundred dollars ($500);
(2) examination fee in an amount not to exceed five hundred dollars ($500);
(3) except as provided in Section 61-1-34 NMSA 1978, licensure fee in an amount not to exceed four hundred dollars ($400); and
(4) issuance fee for pharmaceutical certification in an amount not to exceed one hundred dollars ($100).
B. A person licensed as an optometrist under any prior laws of this state, whose license is valid on April 3, 1973, shall be held to be licensed under the provisions of the Optometry Act and shall be entitled to the annual renewal of the person's license as provided in that act.
C. Prior to engaging in the active practice of optometry in this state, a licensee shall furnish the board evidence that the licensee holds a registration number with the taxation and revenue department and has completed, as a condition of licensure by endorsement, the continuing education requirements as set by the rules of the board.
History:
1953 Comp., § 67-1-9, enacted by Laws 1973, ch. 353, § 9; 1981, ch. 50, § 1; 1995, ch. 20, § 6; 1996, ch. 59, § 2; 2003, ch. 274, § 3; 2020, ch. 6, § 6.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans, and made certain technical amendments; and in Subsection A, Paragraph A(3), added "except as provided in Section 61-1-34 NMSA 1978".
The 2003 amendment,
effective June 20, 2003, deleted Paragraph A(5) which read: "annual license renewal fee in an amount not to exceed three hundred dollars ($300); and"; deleted Paragraph A(6) which read: "late renewal penalty fee in an amount not to exceed one hundred dollars ($100)"; deleted "present" following "renewal of his" in Subsection B; and substituted "the" for "such" following "licensure by endorsement" in Subsection C.
The 1996 amendment,
effective May 15, 1996, rewrote Subsection A and substituted "April 3, 1973" for "the effective date of the Optometry Act" near the beginning of Subsection B.
The 1995 amendment,
effective July 1, 1995, substituted "taxation and revenue department" for "revenue division" in Subsection C and made a stylistic change.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 21.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-15 - Exemptions.

A. Except for the provisions of Section 61-2-16 NMSA 1978 and as provided in this subsection, the Optometry Act does not apply to a licensed physician or a person, clinic or program under his responsible supervision and control, provided that the person, clinic or program under the responsible supervision and control of the licensed physician shall not use either loose or fixed trial lenses for the sole purpose of determining the prescription for eyeglasses or contact lenses.
B. Except as provided in Sections 61-2-2, 61-2-14, 61-2-16 and 61-2-17 NMSA 1978, the Optometry Act does not apply to a person selling eyeglasses who does not represent himself as being qualified to detect or correct ocular anomalies and who does not traffic upon assumed skill in adapting ophthalmic lenses to the eyes.
History:
1953 Comp., § 67-1-13, enacted by Laws 1973, ch. 353, § 13; 2003, ch. 274, § 6.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, rewrote this section to the extent that a detailed comparison is impracticable.
Person who duplicates ophthalmic lens without prescription is practicing optometry
and as such must be licensed under the act or is in violation of the same. 1954 Op. Att'y Gen. No. 54-5909.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 13.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-16 - Freedom of choice.

A. In expending public money for any purpose involving the care of vision, any state board, commission or department created or existing by statute, including public schools or other state or municipal agencies or any of their employees, who, in the performance of their duties, are responsible for such expenditures shall not, directly or indirectly, refer the name or address of any particular ocular practitioner or system of practice to any person eligible for a vision examination or the correction of any visual or muscular anomaly, except in emergency situations.
B. Every policy of insurance or medical or health service contract providing for payment or reimbursement for any eye care service shall be construed to include payment or reimbursement for professional services rendered by a licensed optometrist, and no insurance policy or medical or health service contract shall discriminate between ocular practitioners rendering similar services.
History:
1953 Comp., § 67-1-14, enacted by Laws 1973, ch. 353, § 14; 1985, ch. 241, § 6; 2003, ch. 274, § 7.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, deleted the last sentence in Subsection A which read: "For the purpose of this subsection, 'ocular practitioner' includes all validly licensed optometrists, physicians and surgeons."
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-17 - Power to enjoin violations.

Upon conviction of any person for violation of any provision of the Optometry Act, the board or any interested person may, in addition to the penalty herein provided, petition the district court for an order restraining and enjoining said person from further or continued violation of the Optometry Act and the order may be enforced by contempt proceedings.
History:
1953 Comp., § 67-1-15, enacted by Laws 1973, ch. 353, § 15.
ANNOTATIONS
Cross references.
— For penalties for violation of the Optometry Act,
see
61-2-14 NMSA 1978.
Severability.
— Laws 1973, ch. 353, § 16, provided for the severability of the Optometry Act if any part or application thereof is found invalid.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 2 - Optometry › Section 61-2-18 - Repealed.

History:
1978 Comp., § 61-2-18, enacted by Laws 1979, ch. 12, § 3; 1981, ch. 241, § 16; 1985, ch. 87, § 1; 1991, ch. 189, § 2; 1997, ch. 46, § 2; 2003, ch. 428, § 1; 2009, ch. 96, § 2; 2015, ch. 119, § 2; repealed by Laws 2023, ch. 15, § 8.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 15, § 8 repealed 61-2-18 NMSA 1978, as enacted by Laws 1979, ch. 12, § 3, relating to termination of agency life, delayed repeal, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-1 - Short title.

Chapter 61, Article 3 NMSA 1978 may be cited as the "Nursing Practice Act".
History:
1953 Comp., § 67-2-1, enacted by Laws 1968, ch. 44, § 1; 2003, ch. 276, § 1; 2003, ch. 282, § 1; 2003, ch. 307, § 4.
ANNOTATIONS
Cross references.
— For Sexual Assault Survivors Emergency Care Act,
see
24-10D-1 NMSA 1978 et seq.
The 2003 amendment,
effective January 1, 2004, substituted "Chapter 61, Article 3 NMSA 1978" for "Sections 61-3-1 through 61-3-30 NMSA 1978". Identical amendments were also made to this section by Laws 2003, ch. 276, § 1 and Laws 2003, ch. 282, § 1. This section was set out as amended by Laws 2003, ch. 307, § 4.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 5.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-2 - Purpose.

The purpose of the Nursing Practice Act is to promote, preserve and protect the public health, safety and welfare by regulating the practice of nursing, schools of nursing, hemodialysis technicians and medication aides in the state.
History:
1953 Comp., § 67-2-2, enacted by Laws 1968, ch. 44, § 2; 1991, ch. 190, § 1; 2001, ch. 137, § 1.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, inserted "hemodialysis technicians and medication aides".
The 1991 amendment,
effective June 14, 1991, substituted "promote, preserve and protect the public health, safety and welfare" for "safeguard life and health and to promote the public welfare" and made a minor stylistic change.
Requiring nurse to "float" not unlawful or serious misconduct.
— A hospital's "floating" policy is not necessarily something that "public policy would condemn." Therefore, requiring a nurse to "float" is not the kind of unlawful or serious misconduct for which recognition of the tort of wrongful discharge was intended.
Francis v. Memorial Gen. Hosp.
, 1986-NMSC-072, 104 N.M. 698, 726 P.2d 852.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-4 - Criminal offender's character evaluation.

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Nursing Practice Act.
History:
1953 Comp., § 67-2-3.1, enacted by Laws 1974, ch. 78, § 12.
ANNOTATIONS
Cross references.
— For criminal records screening for caregivers employed by care providers,
see
29-17-2 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-5.1 - Temporary licensure.

An applicant for nurse licensure pursuant to the Nursing Practice Act may be issued a temporary license for a period not to exceed six months or for a period of time necessary for the board to ensure that the applicant has met the licensure requirements set out in that act, whichever is less.
History:
Laws 2001, ch. 137, § 14.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-6 - Administration of anesthetics.

It is unlawful for any person, other than a person licensed in New Mexico to practice medicine, osteopathy or dentistry or a currently licensed certified registered nurse anesthetist, to administer anesthetics to any person. Nothing in this section prohibits a person currently licensed pursuant to the Nursing Practice Act from using hypnosis or from administering local anesthetics or moderate sedation.
History:
1953 Comp., § 67-2-4.1, enacted by Laws 1973, ch. 149, § 2; 1979, ch. 379, § 2; 1985, ch. 67, § 3; 1991, ch. 190, § 4; 1997, ch. 244, § 5; 2005, ch. 307, § 2.
ANNOTATIONS
The 2005 amendment,
effective April 7, 2005, changed "conscious sedation" to "moderate sedation".
The 1997 amendment,
effective June 20, 1997, inserted "licensed" near the end of the first sentence, and in the last sentence substituted "licensed pursuant to the Nursing Practice Act from using hypnosis or from administering local anesthetics or conscious sedation" for "licensed in the healing arts from administering local anesthetics or from using hypnosis".
The 1991 amendment,
effective June 14, 1991, substituted "anesthetics" for "anesthesia exceptions" in the catchline and for "anesthesia" in the second sentence, and, in the first sentence, substituted "to administer anesthetics" for "when acting under the direction of and in the immediate area of a licensed physician, or dentist, to administer anesthesia".
Nursing license required.
— The board of nursing may not license a person as an anesthetist if that person is not a registered nurse or a licensed practical nurse in the state of New Mexico. 1973 Op. Att'y Gen. No. 73-62.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Nurse's liability for her own negligence or malpractice, 51 A.L.R.2d 970.
Malpractice: duty and liability of anesthetist, 53 A.L.R.2d 142, 49 A.L.R.4th 63.
Liability of operating surgeon for negligence of nurse assisting him, 12 A.L.R.3d 1017.
Liability of hospital for negligence of nurse assisting operating surgeon, 29 A.L.R.3d 1065.
Medical malpractice: who are "health care providers," or the like, whose actions fall within statutes specifically governing actions and damages for medical malpractice, 12 A.L.R.5th 1.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 379, § 12 repealed 61-3-7 NMSA 1978, as enacted by Laws 1973, ch. 149, § 3, exempting persons employed to administer general anesthesia on the effective date of the act from the provisions of the act, effective April 6, 1979.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-9 - Board meetings; quorum; officers.

A. The board shall annually elect a chairman, vice chairman and secretary from its entire membership.
B. The board shall meet at least once every three months. Special meetings may be called by the chairman and shall be called upon the written request of three or more members of the board. Notification of special meetings shall be made by certified mail unless such notice is waived by the entire board and noted in the minutes. Notice of all regular meetings shall be made by regular mail at least ten days prior to the meeting, and copies of the minutes of all meetings shall be mailed to each board member within thirty days after any meeting.
C. A majority of the board, including at least one officer, constitutes a quorum.
History:
1953 Comp., § 67-2-6, enacted by Laws 1968, ch. 44, § 6; 1985, ch. 67, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 21.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-10.3 - Repealed.

History:
1978 Comp., § 61-3-10.3, enacted by Laws 1995, ch. 117, § 1; 1997, ch. 244, § 9; repealed Laws 2005, ch. 303, § 3 and Laws 2005, ch. 307 § 10.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 307 § 10 repealed 61-3-10.3 NMSA 1978, as enacted by Laws 1995, ch. 117, § 1, relating to medication aides, effective April 7, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-10.4 - Repealed.

History:
Laws 2003, ch. 282, § 2; repealed Laws 2005, ch. 303, § 3 and Laws 2005, ch. 307 § 10.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 307 § 10 repealed 61-3-10.4 NMSA 1978, as enacted by Laws 2003, ch. 282, § 2, relating to school medication aides training pilot program, effective April 7, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-10.5 - Nursing excellence program; license renewal surcharge.

A. The board may establish a "nursing excellence program" that provides strategies to:
(1) enhance recruitment and retention of professional nurses, increase career and educational opportunities and improve interaction with health facilities administrations, the medical profession and institutions of higher education; and
(2) fund loan repayment assistance pursuant to Section 2 of this 2017 act [21-22D-11 NMSA 1978].
B. The board may impose a license renewal surcharge for each nursing license renewed in an amount not to exceed twenty dollars ($20.00) to implement and maintain the nursing excellence program. The surcharge shall be used as follows:
(1) fifty percent of each license renewal surcharge shall be deposited in the nursing excellence fund to be used by the board to carry out the provisions of Paragraph (1) of Subsection A of this section; and
(2) fifty percent of each license renewal surcharge shall be appropriated to the higher education department in accordance with the provisions of Section 2 of this 2017 act to fund loan repayment assistance for nurses in advanced practice who practice in areas of New Mexico that the higher education department has designated as underserved.
C. The board shall transfer the portion of the license renewal surcharge to be appropriated to the higher education department in accordance with the provisions of Paragraph (2) of Subsection B of this section by July 1, 2018 and by each July 1 thereafter.
History:
Laws 2003, ch. 276, § 2; 2017, ch. 91, § 3.
ANNOTATIONS
The 2017 amendment,
effective July 1, 2017, provided loan repayment assistance through nursing license renewal surcharge fees for nurses in advance practice who practice in areas of New Mexico that the higher education department has designated as underserved; in Subsection A, added paragraph designation "(1)", at the end of the paragraph, added "and", and added Paragraph A(2); in Subsection B, in the second sentence, added "surcharge shall be used as follows", and added Paragraphs B(1) and B(2); and added Subsection C.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-10.6 - Nursing excellence fund created.

The "nursing excellence fund" is created in the state treasury to support the nursing excellence program. The fund consists of license renewal surcharges, appropriations, gifts, grants, donations and income from investment of the fund. Any income earned on investment of the fund shall remain in the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The fund shall be administered by the board and money in the fund is appropriated to the board to carry out the purposes of the nursing excellence program. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the chairman of the board or his authorized representative.
History:
Laws 2003, ch. 276, § 3.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 276 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-11 - Bonds; expenses.

A. The executive officer and any employee of the board who handles money or who certifies the receipt or disbursal of money received by the board, shall, within thirty days after election or employment by the board, execute a bond in a penal sum to be set by the board, conditioned on the faithful performance of the duties of the office and on accounting for all funds coming into his hands. The bonds shall be signed by a surety company authorized to do business in this state and shall be in such form as to meet the approval of the board.
B. Members of the board may be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], but shall receive no other compensation, perquisite or allowance.
History:
1953 Comp., § 67-2-8, enacted by Laws 1968, ch. 44, § 8.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-12 - Examination; notice to applicants.

The board shall provide for the examination of all applicants seeking licensure under the provisions of the Nursing Practice Act.
History:
1953 Comp., § 67-2-9, enacted by Laws 1968, ch. 44, § 9; 1975, ch. 40, § 1; 1979, ch. 379, § 4; 1993, ch. 61, § 3.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, deleted "At least twice a year" at the beginning of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 20.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-13 - Qualifications for licensure as a registered nurse.

Before being considered for licensure as a registered nurse, either by endorsement or examination, under Section 61-3-14 NMSA 1978, an applicant shall:
A. furnish evidence satisfactory to the board that the applicant has successfully completed an approved program of nursing for licensure as a registered nurse and has graduated or is eligible for graduation; and
B. at the cost to the applicant, provide the board with fingerprints and other information necessary for a state and national criminal background check.
History:
1953 Comp., § 67-2-10, enacted by Laws 1968, ch. 44, § 10; 1977, ch. 220, § 5; 1979, ch. 379, § 5; 1991, ch. 190, § 7; 1997, ch. 244, § 10; 2001, ch. 137, § 6.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, added the Subsection A designation and added Subsection B.
The 1997 amendment,
effective June 20, 1997, substituted "applicant has successfully completed an approved program of nursing for licensure as a registered nurse and has graduated or is eligible for graduation" for former language relating to an approved high school course or the equivalent and completion and graduation from an approved school of nursing.
The 1991 amendment,
effective June 14, 1991, deleted "four-year" preceding "high school" and made a minor stylistic change in Subsection A.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 51 to 62.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 20.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 137, § 15 repealed 61-3-15 NMSA 1978, as enacted by Laws 1968, ch. 44, § 12, regarding temporary licensure for registered nurses, effective June 15, 2001. For provisions of former section,
see
the 2000 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
61-3-5.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-16 - Fees for licensure as a registered nurse.

Except as provided in Section 61-1-34 NMSA 1978, an applicant for licensure as a registered nurse shall pay the following nonrefundable fees:
A. for licensure without examination, a fee not to exceed one hundred fifty dollars ($150);
B. for licensure by examination when the examination is the first for the applicant in this state, a fee not to exceed one hundred fifty dollars ($150);
C. for licensure by examination when the examination is other than the first examination, a fee not to exceed sixty dollars ($60.00); and
D. for initial licensure as a certified nurse practitioner, certified registered nurse anesthetist or clinical nurse specialist, a fee not to exceed one hundred dollars ($100). This fee shall be in addition to the fee paid for registered nurse licensure.
History:
1953 Comp., § 67-2-13, enacted by Laws 1968, ch. 44, § 13; 1977, ch. 220, § 8; 1982, ch. 108, § 2; 1991, ch. 190, § 9; 1997, ch. 244, § 11; 2005, ch. 307, § 5; 2020, ch. 6, § 8.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans, and made certain technical amendments; and in the introductory clause, deleted "Applicants" and added "Except as provided in Section 61-1-34 NMSA 1978, an applicant".
The 2005 amendment,
effective April 7, 2005, changed the fee in Subsection D from $50 to $100.
The 1997 amendment,
effective June 20, 1997, substituted "licensure" for "endorsement" in Subsection D.
The 1991 amendment,
effective June 14, 1991, substituted "one hundred fifty dollars ($150)" for "seventy-five dollars ($75.00)" in Subsections A and B; substituted "sixty dollars ($60.00)" for "thirty dollars ($30.00) for each section taken" in Subsection C; and added Subsection D.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-17 - Registration under previous law.

Any person licensed as a professional or registered nurse under any prior laws of this state, whose license is valid on the effective date of the Nursing Practice Act, shall be held to be licensed as a registered nurse under the provisions of the Nursing Practice Act and shall be entitled to renewal of this license as provided in the Nursing Practice Act.
History:
1953 Comp., § 67-2-14, enacted by Laws 1968, ch. 44, § 14; 1977, ch. 220, § 9.
ANNOTATIONS
Compiler's notes.
— The "effective date of the Nursing Practice Act", referred to in this section, is July 1, 1968, which is the effective date of Laws 1968, ch. 44, § 28.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-18 - Qualifications for licensure as a licensed practical nurse.

Before being considered for licensure as a licensed practical nurse, either by endorsement or examination, under Section 61-3-19 NMSA 1978, an applicant shall:
A. furnish evidence satisfactory to the board that the applicant has successfully completed an approved program of nursing for licensure as a licensed practical nurse or registered nurse and has graduated or is eligible for graduation; and
B. at the cost to the applicant, provide the board with fingerprints and other information necessary for a state and national criminal background check.
History:
1953 Comp., § 67-2-15, enacted by Laws 1968, ch. 44, § 15; 1973, ch. 182, § 1; 1977, ch. 220, § 10; 1991, ch. 190, § 10; 1997, ch. 244, § 12; 2001, ch. 137, § 7; 2003, ch. 276, § 7.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, inserted "or registered nurse" following "licensed practical nurse" in Subsection A.
The 2001 amendment,
effective June 15, 2001, added the Subsection A designation and added Subsection B.
The 1997 amendment,
effective June 20, 1997, substituted "applicant has successfully completed an approved program of nursing for licensure as a licensed practical nurse and has graduated or is eligible for graduation" for former language relating to an approved high school course or the equivalent and completed a state approved course for licensed practical nurses.
The 1991 amendment,
effective June 14, 1991, substituted "61-3-19 NMSA 1978" for "67-2-16 NMSA 1953" in the introductory paragraph; deleted "four-year" preceding "high school" in Subsection A; substituted "a state approved course" for "an approved course" in Subsection B; and made a minor stylistic change in Subsection A.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 51 to 62.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 19.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 137, § 15 repealed 61-3-20 NMSA 1978, as enacted by Laws 1968, ch. 44, § 17, regarding temporary licensure for licensed practical nurses, effective June 15, 2001. For provisions of former section,
see
the 2000 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
61-3-5.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-21 - Registration under previous law.

Any person licensed as a practical nurse under any prior laws of this state whose license is valid on the effective date of the Nursing Practice Act shall be held to be licensed under the provisions of the Nursing Practice Act and shall be entitled to renewal of this license as provided in the Nursing Practice Act.
History:
1953 Comp., § 67-2-18, enacted by Laws 1968, ch. 44, § 18.
ANNOTATIONS
Compiler's notes.
— The "effective date of the Nursing Practice Act", referred to in this section, is July 1, 1968, which is the effective date of Laws 1968, ch. 44, § 28.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-22 - Fees for licensure as a licensed practical nurse.

Except as provided in Section 61-1-34 NMSA 1978, an applicant for licensure as a licensed practical nurse shall pay the following nonrefundable fees:
A. for licensure without examination, a fee not to exceed one hundred fifty dollars ($150);
B. for licensure by examination when the examination is the first for the applicant in this state, a fee not to exceed one hundred fifty dollars ($150); and
C. for licensure by examination when the examination is other than the first examination, a fee not to exceed sixty dollars ($60.00) for each examination.
History:
1953 Comp., § 67-2-19, enacted by Laws 1968, ch. 44, § 19; 1977, ch. 220, § 13; 1991, ch. 190, § 12; 2005, ch. 307, § 6; 2020, ch. 6, § 9.
ANNOTATIONS
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans, and made certain technical amendments; and in the introductory clause, deleted "Applicants" and added "Except as provided in Section 61-1-34 NMSA 1978, an applicant".
The 2005 amendment,
effective April 7, 2005, changed the fee in Subsection A from $90 to $150; changed the fee in Subsection B from $90 to $150; and changed the fee in Subsection C from $30 to $60.
The 1991 amendment,
effective June 14, 1991, substituted "ninety dollars ($90.00)" for "forty-five dollars ($45.00)" in Subsections A and B; substituted "by the board not to exceed thirty dollars ($30.00)" for "at fifteen dollars ($15.00)" in Subsection C; and made a minor stylistic change in the introductory paragraph.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-23 - Permit to practice for graduate nurses.

A. The board may issue a permit to practice to an applicant upon completion of an approved course of study and upon application to take the national licensing examination after graduation within the time frame set by rules of the board.
B. The permit to practice shall be issued for practice under direct supervision at a specified place of employment in the state.
C. The permit to practice shall be valid from issuance until the results of the national licensing examination are disseminated by the board office to the examinee, at which time the permit is void and the applicant who has passed the examination may be issued a license to practice.
History:
1953 Comp., § 67-2-19.1, enacted by Laws 1977, ch. 220, § 14; 1982, ch. 108, § 4; 1993, ch. 61, § 4; 2003, ch. 276, § 8.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, in Subsection A, deleted "first available" following "to take the" and added "within the time frame set by rules of the board" at the end.
The 1993 amendment,
effective June 18, 1993, inserted "available" near the end of Subsection A and substituted the language beginning "the examinee" for "the examinees, at which time all permits are void and those applicants who have passed the examination may be issued a license to practice" at the end of Subsection C.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-23.1 - Permit to practice for graduate nursing specialties.

A one-time, nonrenewable permit may be issued to graduate nurse anesthetists, nurse practitioners and clinical nurse specialists awaiting examination and results in accordance with requirements set forth by the board in the rules and regulations.
History:
1978 Comp., § 61-3-23.1, enacted by Laws 1979, ch. 379, § 8; 1991, ch. 190, § 13.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, substituted "nurse anesthetists, nurse practitioners and clinical nurse specialists" for "nurse specialists" and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-23.5 - Supervision of psychologist in the prescribing of psychotropic medication by nurse practitioner or clinical nurse specialist.

A. Subject to rules promulgated by the board, a nurse practitioner or clinical nurse specialist may supervise a psychologist in the prescribing of psychotropic medication pursuant to the Professional Psychologist Act [Chapter 61, Article 9 NMSA 1978].
B. No later than January 1, 2020, the board shall promulgate regulations for a nurse practitioner or clinical nurse specialist who supervises a psychologist in the prescribing of psychotropic medication pursuant to the Professional Psychologist Act.
History:
Laws 2019, ch. 19, § 7.
ANNOTATIONS
Emergency clauses.
— Laws 2019, ch. 19, § 11 contained an emergency clause and was approved February 4, 2019.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-23.6 - Recompiled.

History:
Laws 2019, ch. 129, § 1; recompiled by compiler as § 24-1-41 NMSA 1978.
ANNOTATIONS
Compiler's notes.
— Laws 2019, ch. 129, § 1, was erroneously compiled as 61-3-23.6 NMSA 1978 and has been recompiled as 24-1-41 NMSA 1978 by the compiler.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-24.2 - Repealed.

History:
1978 Comp., § 61-3-29.1, enacted by Laws 1987, ch. 285, § 1; 1991, ch. 190, § 21; 1991, ch. 253, § 2; 1997, ch. 244, § 19; 2001, ch. 137, § 12; repealed by Laws 2018, ch. 1, § 3.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 1, § 3 repealed 61-3-24.2 NMSA 1978, as enacted by Laws 2003, ch. 307, § 2, relating to nurse licensure compact administrator and duties, effective January 18, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-24.3 - Repealed.

History:
Laws 2003, ch. 307, § 3; repealed by Laws 2005, ch. 307, § 10.
ANNOTATIONS
Repealed.
— Laws 2005, ch. 307, § 10 repealed 61-3-24.3 NMSA 1978, as enacted by Laws 2003, ch. 307, § 3, relating to multistate licensure privilege, effective April 7, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-25 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 190, § 24 repealed 61-3-25 NMSA 1978, as enacted by Laws 1968, ch. 44, § 21, relating to licenses, effective June 14, 1991. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-26 - Schools of nursing; standards; approval.

A. An institution desiring to conduct a nursing education program to prepare registered or licensed practical nurses shall apply to the board for approval and submit evidence that:
(1) it is prepared to carry out a program in professional nursing education or a program in licensed practical nursing education, as the case may be; and
(2) it is prepared to meet such standards as are established by the board.
B. A survey of the institution with which the school is to be affiliated shall be made by a member of the board or an authorized employee of the board who shall submit a written report of the survey to the board. If, in the opinion of the board, the requirements for approval are met, a certificate of approval shall be issued.
C. From time to time, as deemed necessary by the board, it is the duty of the board, through a board member or an authorized employee, to survey all schools of nursing in this state.
D. For the purpose of evaluating the educational qualifications for licensure of a candidate as either a registered or licensed practical nurse under Subsection B of either Section 61-3-13 or 61-3-18 NMSA 1978, the board shall set standards comparable to the minimum standards applicable in this state for recognition of schools of nursing in other jurisdictions.
History:
1953 Comp., § 67-2-22, enacted by Laws 1968, ch. 44, § 22; 1977, ch. 220, § 16; 1991, ch. 190, § 18.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, substituted "61-3-13 or 61-3-18 NMSA 1978" for "67-2-10 or 67-2-15 NMSA 1953" in Subsection D and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 78 C.J.S. Schools and School Districts §§ 58, 811.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-27.1 - Board of nursing fund; authorized use.

Pursuant to Subsection D of Section 61-3-27 NMSA 1978, the board shall authorize expenditures from unexpended and unencumbered cash balances in the board of nursing fund to support an information technology project manager to develop, implement and maintain a web site portal for licensure and a central database for credentialing of health care providers.
History:
1978 Comp., § 61-3-27.1, enacted by Laws 2003, ch. 235, § 5.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 235 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-30 - Violations; penalties.

It is a misdemeanor for a person, firm, association or corporation to:
A. sell, fraudulently obtain or furnish a nursing diploma, license, examination or record or to aid or abet therein;
B. practice professional nursing as defined by the Nursing Practice Act unless exempted or duly licensed to do so pursuant to the provisions of that act;
C. practice licensed practical nursing as defined by the Nursing Practice Act unless exempted or duly licensed to do so pursuant to the provisions of that act;
D. use in connection with his name a designation tending to imply that such person is a registered nurse or a licensed practical nurse unless duly licensed pursuant to the provisions of the Nursing Practice Act;
E. conduct a school of nursing or a course for the education of professional or licensed practical nurses for licensing unless the school or course has been approved by the board;
F. practice nursing after the person's license has lapsed or been suspended or revoked. Such person shall be considered an illegal practitioner;
G. employ unlicensed persons to practice as registered nurses or as licensed practical nurses;
H. practice or employ a person to practice as a certified registered nurse anesthetist, certified nurse practitioner or clinical nurse specialist unless endorsed as a certified registered nurse anesthetist, certified nurse practitioner or clinical nurse specialist pursuant to the Nursing Practice Act;
I. employ as a certified hemodialysis technician or certified medication aide an unlicensed person without a certificate from the board to practice as a certified hemodialysis technician or certified medication aide; or
J. otherwise violate a provision of the Nursing Practice Act.
The board shall assist the proper legal authorities in the prosecution of all persons who violate a provision of the Nursing Practice Act. In prosecutions under the Nursing Practice Act, it shall not be necessary to prove a general course of conduct. Proof of a single act, a single holding out or a single attempt constitutes a violation, and, upon conviction, such person shall be sentenced to be imprisoned in the county jail for a definite term not to exceed one year or to the payment of a fine of not more than one thousand dollars ($1,000) or both.
History:
1953 Comp., § 67-2-26, enacted by Laws 1968, ch. 44, § 26; 1977, ch. 220, § 20; 1985, ch. 67, § 8; 1991, ch. 190, § 22; 2001, ch. 137, § 13; 2005, ch. 307, § 9.
ANNOTATIONS
The 2005 amendment,
effective April 7, 2005, added Subsection I to provide that it is a misdemeanor to employ as a certified hemodialysis technician or certified medication aide an unlicensed person without a certificate from the board.
The 2001 amendment,
effective June 15, 2001, made stylistic changes throughout the section.
The 1991 amendment,
effective June 14, 1991, added Subsection H; redesignated former Subsection H as Subsection I and made a related stylistic change in Subsection G; and made minor stylistic changes in Subsections C and E.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-31 - Repealed.

History:
1978 Comp., § 61-3-31, enacted by Laws 1979, ch. 379, § 11; 1981, ch. 241, § 17; 1985, ch. 67, § 9; 1985, ch. 87, § 2; 1991, ch. 189, § 4; 1991, ch. 190, § 23; 1997, ch. 46, § 3; 2003, ch. 428, § 2; repealed by Laws 2005, ch. 307, § 10.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 307, § 10 repealed 61-3-31 NMSA 1978, as enacted by Laws 1979, ch. 379, § 11, relating to termination of agency life, effective April 7, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3A - Safe Harbor for Nurses › Section 61-3A-1 - Short title.

This act [61-3A-1 to 61-3A-3 NMSA 1978] may be cited as the "Safe Harbor for Nurses Act".
History:
Laws 2019, ch. 52, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 52 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3A - Safe Harbor for Nurses › Section 61-3A-2 - Definitions.

As used in the Safe Harbor for Nurses Act:
A. "assignment" means the designated responsibility for the provision or supervision of nursing care for a defined work period in a defined work setting, including the specified functions, duties, practitioner orders, supervisory directives and amount of work designated as an individual nurse's responsibility; provided that changes in a nurse's assignment may occur at any time during the work period;
B. "good faith" means taking action supported by a sincere belief with a reasonable factual or legal basis other than the nurse's moral, religious or personal beliefs;
C. "health care facility" means an entity licensed by the department of health that provides health care on its premises and has three or more nurses;
D. "nurse" means a nurse licensed pursuant to the Nursing Practice Act as a registered nurse or a licensed practical nurse; and
E. "safe harbor" means a process that:
(1) protects a registered nurse or a licensed practical nurse from adverse action by the health care facility where the nurse is working when the nurse makes a good faith request to be allowed to reject an assignment, which request is based on the nurse's:
(a) assessment of the nurse's own education, knowledge, competence or experience; and
(b) immediate assessment of the risk for patient safety or potential violation of the Nursing Practice Act or board of nursing rules; and
(2) provides for further assessment of the situation.
History:
Laws 2019, ch. 52, § 2.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 52 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3A - Safe Harbor for Nurses › Section 61-3A-3 - Safe harbor; health care facility responsibility.

A. A nurse may invoke safe harbor when:
(1) in the nurse's good faith judgment, the nurse lacks the basic knowledge, skills or abilities necessary to deliver nursing care that is safe and that meets the minimum standards of care to such an extent that accepting the assignment would expose one or more patients to an unjustifiable risk of harm or would constitute a violation of the Nursing Practice Act or board of nursing rules; or
(2) the nurse questions the medical reasonableness of another health care provider's order that the nurse is required to execute.
B. A nurse who intends to invoke safe harbor shall invoke it before the nurse engages in conduct or an assignment giving rise to the nurse's request for safe harbor. A nurse may also invoke safe harbor at any time during the work period, when an initial assignment changes and, in the nurse's good faith judgment, the change creates a situation that comports with the requirements for invoking safe harbor pursuant to Subsection A of this section. A health care facility shall develop a process by which a nurse employed or contracted by that facility may invoke safe harbor.
C. A safe harbor process shall include:
(1) notification to all nurses on staff as to how safe harbor may be invoked;
(2) notification by the nurse to the nurse's supervisor that the nurse is invoking safe harbor;
(3) written documentation with the date, time and location of the invocation of safe harbor and the reason for invocation, signed by the supervisor and the nurse;
(4) a post-occurrence review of the situation that:
(a) includes at least one other staff nurse and nurse manager, as the health care facility defines those roles; and
(b) is used to determine whether additional action is required to minimize the likelihood of similar situations in the future; and
(5) documentation of the resolution and review of the matter in which safe harbor was invoked.
D. A health care facility shall not retaliate against, demote, suspend, terminate, discipline, discriminate against or report any action to the board of nursing when a nurse makes a good faith request for safe harbor.
History:
Laws 2019, ch. 52, § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 52 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3B - Lactation Care Provider › Section 61-3B-1 - Short title.

Chapter 61, Article 3B NMSA 1978 may be cited as the "Lactation Care Provider Act".
History:
Laws 2017, ch. 136, § 1; 1978 Comp., § 61-36-1, recompiled and amended as § 61-3B-1 by Laws 2022, ch. 39, § 20.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 20 recompiled and amended former 61-36-1 NMSA 1978 as 61-3B-1 NMSA 1978, effective May 18, 2022.
The 2022 amendment,
effective May 18, 2022, changed "Sections 1 through 6 of this act" to "Chapter 61, Article 3B NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3B - Lactation Care Provider › Section 61-3B-2 - Definitions.

As used in the Lactation Care Provider Act:
A. "applicant" means an individual seeking a license to provide lactation care and services as a licensee pursuant to the Lactation Care Provider Act;
B. "approved certification" means certification as a lactation care provider conferred by a certification program accredited by any nationally or internationally recognized accrediting agency that is approved by the board and that establishes continuing education requirements;
C. "board" means the board of nursing;
D. "lactation care and services" means the clinical application of scientific principles and a multidisciplinary body of evidence for the evaluation, problem identification, treatment, education and consultation for the provision of lactation care and services to families, including:
(1) clinical lactation assessment through the systematic collection of subjective and objective data;
(2) analysis of data and creation of a plan of care;
(3) implementation of a lactation care plan with demonstration and instruction to parents and communication to primary health care providers;
(4) evaluation of outcomes;
(5) provision of lactation education to parents and health care providers; and
(6) recommendation and use of assistive devices;
E. "license" means a license to practice as a lactation care provider that the board issues pursuant to the Lactation Care Provider Act;
F. "licensee" means a lactation care provider licensed as a licensed lactation care provider pursuant to the Lactation Care Provider Act;
G. "member" means a member of the board; and
H. "practice" means a course of business in which lactation care and services are rendered or offered to any individual, family or group of two or more individuals.
History:
Laws 2017, ch. 136, § 2; 1978 Comp., § 61-36-2, recompiled as § 61-3B-2 by Laws 2022, ch. 39, § 105.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 105 recompiled former 61-36-2 NMSA 1978 as 61-3B-2 NMSA 1978, effective May 18, 2022.