2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-19 - Licensure of licensed practical nurses; by examination; by expedited licensure.

A. Applicants for licensure by examination shall be required to pass the national licensing examination for licensed practical nurses. The applicant who passes the examination may be issued by the board a license to practice as a licensed practical nurse.
B. The board shall issue an expedited license as a licensed practical nurse without an examination to an applicant who has been duly licensed in another licensing jurisdiction and holds a valid, unrestricted license and is in good standing with the licensing board in that licensing jurisdiction. The board shall expedite the issuance of a license in accordance with Section 61-1-31.1 NMSA 1978 within thirty days. If the board issues an expedited license to a person whose prior licensing jurisdiction did not require examination, the board may require that person to pass an examination before applying for license renewal.
C. An applicant licensed under the laws of a territory or foreign country shall demonstrate proficiency in English.
History:
1953 Comp., § 67-2-16, enacted by Laws 1968, ch. 44, § 16; 1977, ch. 220, § 11; 1979, ch. 379, § 7; 1982, ch. 108, § 3; 1991, ch. 190, § 11; 1997, ch. 244, § 13; 2014, ch. 3, § 2; 2022, ch. 39, § 16.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, revised provisions related to expedited licensure, provided that the board of nursing shall expedite the issuance of licenses in accordance with Section 61-1-31.1 NMSA 1978 within thirty days, and provided that if the board of nursing issues an expedited license to a person whose prior licensing jurisdiction did not require examination, the board may require the person to pass an examination before applying for license renewal; in the section heading, added "by examination"; in Subsection B, after "The board", deleted "may" and added "shall", after "issue", added "an expedited", deleted "by passing the national licensing examinations for licensed practical nurses under the laws of another state if the applicant meets the qualifications required of licensed practical nurses in this state. From July 1, 2014 through June 30, 2019, upon a determination by the board that an application is complete and approved" and added "in another licensing jurisdiction and holds a valid, unrestricted license and is in good standing with the licensing board in that licensing jurisdiction", after "The board shall expedite the issuance of a license", deleted "pursuant to this subsection within five business days" and added the remainder of the subsection; and in Subsection C, deleted "The board may issue a license to practice as a licensed practical nurse to", after "An applicant licensed under the laws of", deleted "another" and added "a", after "foreign country", deleted "if the applicant meets the qualifications required of licensed practical nurses in this state, is proficient" and added "shall demonstrate proficiency", and after "in English", deleted "and successfully passes the national licensing examination for licensed practical nurses".
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.
The 2014 amendment,
effective July 1, 2014, provided for the expedited licensure for nurses licensed in other states; in the catchline, added "expedited licensure"; in Subsection A, in the second sentence, after "who", deleted "successfully"; in Subsection B, in the first sentence, after "laws of another state", deleted "or by passing a state-board-constructed licensing examination prior to October 1986", and added the second sentence.
The 1997 amendment,
effective June 20, 1997, substituted "passing" for "testing" following licensed by" and "state or by passing a state-board-constructed licensing examination prior to October 1986 if the applicant meets" for "state if the applicants meet" in Subsection B.
The 1991 amendment,
effective June 14, 1991, inserted "is proficient in English" and made minor stylistic changes in Subsection C.
Successful passing of examination prerequisite for license.
— The qualifications referred to in Subsection B clearly include the successful passing of the test pool examination or the equivalent; if the applicant's examination or mark elsewhere does not meet the equivalent standards in New Mexico, the application for licensure should be denied and the applicant required to qualify by examination. 1968 Op. Att'y Gen. No. 68-112.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 20.