2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-3 - Definitions.

As used in the Nursing Practice Act:
A. "advanced practice" means the practice of professional registered nursing by a registered nurse who has been prepared through additional formal education as provided in Sections 61-3-23.2 through 61-3-23.4 NMSA 1978 to function beyond the scope of practice of professional registered nursing, including certified nurse practitioners, certified registered nurse anesthetists and clinical nurse specialists;
B. "board" means the board of nursing;
C. "certified hemodialysis technician" means a person who is certified by the board to assist in the direct care of a patient undergoing hemodialysis, under the supervision and at the direction of a registered nurse or a licensed practical nurse, according to the rules adopted by the board;
D. "certified medication aide" means a person who is certified by the board to administer medications under the supervision and at the direction of a registered nurse or a licensed practical nurse, according to the rules adopted by the board;
E. "certified nurse practitioner" means a registered nurse who is licensed by the board for advanced practice as a certified nurse practitioner and whose name and pertinent information are entered on the list of certified nurse practitioners maintained by the board;
F. "certified registered nurse anesthetist" means a registered nurse who is licensed by the board for advanced practice as a certified registered nurse anesthetist and whose name and pertinent information are entered on the list of certified registered nurse anesthetists maintained by the board;
G. "clinical nurse specialist" means a registered nurse who is licensed by the board for advanced practice as a clinical nurse specialist and whose name and pertinent information are entered on the list of clinical nurse specialists maintained by the board;
H. "collaboration" means the cooperative working relationship with another health care provider in the provision of patient care, and such collaborative practice includes the discussion of patient diagnosis and cooperation in the management and delivery of health care;
I. "licensed practical nurse" means a nurse who practices licensed practical nursing and whose name and pertinent information are entered in the register of licensed practical nurses maintained by the board or a nurse who practices licensed practical nursing pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact [61-3-24.1 NMSA 1978];
J. "licensed practical nursing" means the practice of a directed scope of nursing requiring basic knowledge of the biological, physical, social and behavioral sciences and nursing procedures, which practice is at the direction of a registered nurse, physician or dentist licensed to practice in this state. This practice includes but is not limited to:
(1) contributing to the assessment of the health status of individuals, families and communities;
(2) participating in the development and modification of the plan of care;
(3) implementing appropriate aspects of the plan of care commensurate with education and verified competence;
(4) collaborating with other health care professionals in the management of health care; and
(5) participating in the evaluation of responses to interventions;
K. "Nurse Licensure Compact" means the agreement entered into between New Mexico and other jurisdictions permitting the practice of professional registered nursing or licensed practical nursing pursuant to a multistate licensure privilege;
L. "nursing diagnosis" means a clinical judgment about individual, family or community responses to actual or potential health problems or life processes, which judgment provides a basis for the selection of nursing interventions to achieve outcomes for which the person making the judgment is accountable;
M. "practice of nursing" means assisting individuals, families or communities in maintaining or attaining optimal health, assessing and implementing a plan of care to accomplish defined goals and evaluating responses to care and treatment. This practice is based on specialized knowledge, judgment and nursing skills acquired through educational preparation in nursing and in the biological, physical, social and behavioral sciences and includes but is not limited to:
(1) initiating and maintaining comfort measures;
(2) promoting and supporting optimal human functions and responses;
(3) establishing an environment conducive to well-being or to the support of a dignified death;
(4) collaborating on the health care regimen;
(5) administering medications and performing treatments prescribed by a person authorized in this state or in any other state in the United States to prescribe them;
(6) recording and reporting nursing observations, assessments, interventions and responses to health care;
(7) providing counseling and health teaching;
(8) delegating and supervising nursing interventions that may be performed safely by others and are not in conflict with the Nursing Practice Act; and
(9) maintaining accountability for safe and effective nursing care;
N. "professional registered nursing" means the practice of the full scope of nursing requiring substantial knowledge of the biological, physical, social and behavioral sciences and of nursing theory and may include advanced practice pursuant to the Nursing Practice Act. This practice includes but is not limited to:
(1) assessing the health status of individuals, families and communities;
(2) establishing a nursing diagnosis;
(3) establishing goals to meet identified health care needs;
(4) developing a plan of care;
(5) determining nursing intervention to implement the plan of care;
(6) implementing the plan of care commensurate with education and verified competence;
(7) evaluating responses to interventions;
(8) teaching based on the theory and practice of nursing;
(9) managing and supervising the practice of nursing;
(10) collaborating with other health care professionals in the management of health care; and
(11) conducting nursing research;
O. "registered nurse" means a nurse who practices professional registered nursing and whose name and pertinent information are entered in the register of licensed registered nurses maintained by the board or a nurse who practices professional registered nursing pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact;
P. "scope of practice" means the parameters within which nurses practice based upon education, experience, licensure, certification and expertise; and
Q. "training program" means an educational program approved by the board.
History:
1978 Comp., § 61-3-3, enacted by Laws 1991, ch. 190, § 2; 1993, ch. 61, § 1; 1997, ch. 244, § 3; 2001, ch. 137, § 2; 2003, ch. 307, § 5; 2005, ch. 307, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1991, ch. 190, § 2 repealed former 61-3-3 NMSA 1978, as enacted by Laws 1968, ch. 44, § 3, relating to definitions, effective June 14, 1991, and enacted a new section.
Cross references.
— For scope of medical practice,
see
61-6-6 NMSA 1978.
The 2005 amendment,
effective April 7, 2005, added Subsection C to define "certified hemodialysis technician"; added Subsection D to define "certified medication aide"; deleted "emergency procedures" in Subsection G, which was defined as airway and vascular access procedures; and added Subsection Q to define "training program".
The 2003 amendment,
effective January 1, 2004, added "or a nurse who practices licensed practical nursing pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact" at the end of Subsection H; inserted present Subsection J and redesignated the subsequent paragraphs accordingly; and added "or a nurse who practices professional registered nursing pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact" at the end of present Subsection N.
The 2001 amendment,
effective June 15, 2001, inserted Subsection G and renumbered the remaining subsections accordingly.
The 1997 amendment,
effective June 20, 1997, added Subsections A and M, deleted former Subsection F, which defined "expanded practice", and redesignated the existing subsections accordingly; in Subsection J(8), inserted "and supervising" at the beginning; substituted "who is licensed" for "whose qualifications are endorsed" and "advanced" for "expanded" throughout the section, and made minor stylistic changes.
The 1993 amendment,
effective June 18, 1993, added "As used in the Nursing Practice Act" at the beginning; inserted current Subsection E and redesignated former Subsections E through K as Subsections F through L; and inserted "or any other state in the United States" in Paragraph (5) of Subsection J.
Additional midwife license not required.
— A family nurse practitioner authorized by the board of nursing to perform services constituting midwifery need not, as well, have a midwife license from the health services division (now department of health). 1981 Op. Att'y Gen. No. 81-07.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 7.
Nurse as physician within rule as to privileged communications, 68 A.L.R. 177.
Nurse's liability for her own negligence or malpractice, 51 A.L.R.2d 970.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 5.