Chapter 61 — Chapter 61

History: Laws 2003, ch. 307, § 3; repealed by Laws 2005, ch. 307, § 10.

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 — Laws 1991, ch. 190, § 24 repealed 61-3-25 NMSA 1978, as enacted by Laws 1968, ch. 44, § 21, relating to licenses, effective June 14, 1991.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.

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 license…

A. There is created a "board of nursing fund". B. Except as provided in Sections 61-3-10.5 and 61-3-10.6 NMSA 1978, all funds received by the board and money collected under the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978] and the Lactation Care Provider Act [61-36-1 to…

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 …

uniform licensing act; limitation. A. In accordance with the procedures contained in the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978], the board may deny, revoke or suspend any license held or applied for under the Nursing Practice Act, reprimand or place a licensee on…

The Nursing Practice Act shall not apply to or affect: A. gratuitous nursing by friends or members of the family; B. nursing assistance in case of emergencies; C. nursing by students when enrolled in approved schools of nursing or approved courses for the education of professiona…

committee; renewal fee; requirements; immunity from civil actions. A. The board shall establish an alternative to discipline program to rehabilitate nurses whose competencies may be impaired because of the use of habit-forming substances so that nurses can be treated and returned…

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 s…

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 d…

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.

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.

A. Except as otherwise provided in the Nursing Practice Act, no person shall use the title "nurse" unless the person is licensed or has been licensed in the past as a registered nurse or licensed practical nurse under the Nursing Practice Act. B. Except as otherwise provided in t…

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, which…

anesthesia. A. A currently licensed certified registered nurse anesthetist may administer general anesthesia to any person. B. A registered nurse currently licensed pursuant to the Nursing Practice Act may, upon the successful completion of required training programs, administer …

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.

removal. A. There is created a seven-member "board of nursing". The board shall consist of four licensed nurses, one preferably a licensed practical nurse, and three members who shall represent the public and shall not have been licensed as registered or licensed practical nurses…

A. The board shall annually elect a chair, vice chair and secretary from its entire membership. B. The board shall meet at least once every three months. Special meetings may be called by the chair and shall be called upon the written request of three or more members of the board…

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.

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 directi…

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 wou…

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.

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 conferre…

The board may: A. enforce the provisions of the Lactation Care Provider Act in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] and promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to execute the provisions of th…

licensure. A. An individual shall not use the title "licensed lactation care provider" unless that individual is a licensee. B. An applicant for a license as a licensee shall: (1) be at least eighteen years of age; (2) submit an application completed upon a form that the board pr…

A. Except as provided in Section 61-1-34 NMSA 1978, the board shall require each applicant for initial licensure or renewal of a license to pay a nonrefundable licensure fee that shall not exceed one hundred dollars ($100). B. A license shall expire biennially from the date of in…

A. In accordance with the procedures contained in the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978], the board may deny, revoke or suspend a license held or applied for pursuant to the Lactation Care Provider Act, reprimand or place a licensee on probation or deny, limi…

The board shall issue an expedited license to a person who holds a license in another licensing jurisdiction in accordance with Section 61-1-31.1 NMSA 1978 if the person holds a current approved certification or license in another licensing jurisdiction. The board by rule shall d…

Chapter 61, Article 4 NMSA 1978 may be cited as the "Chiropractic Physician Practice Act". History: 1953 Comp., § 67-3-9, enacted by Laws 1968, ch. 3, § 1; 1993, ch. 198, § 1.

effective July 1, 2028.) A. The board may refuse to issue or may suspend or revoke any license or may censure, reprimand, fine or place on probation and stipulation any licensee in accordance with the procedures as contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 19…

effective July 1, 2028.) 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 Chiropractic Physician Practice Act. History: 1953 Comp., § 67-3-18.1, enacted by Laws 1974…

A. Each of the following acts constitutes a misdemeanor punishable upon conviction by a fine of not less than fifty dollars ($50.00) or more than one thousand dollars ($1,000) or by imprisonment not to exceed one year, or both: (1) practice of chiropractic or an attempt to practi…

July 1, 2028.) A. Except as provided in Section 61-1-34 NMSA 1978, a person licensed to practice chiropractic in this state shall, on or before July 1 of each year, pay to the board an annual fee set by regulation and shall submit proof of completion of continuing education requi…

temporary cancellation. (Repealed effective July 1, 2028.) Any licensee who fails to comply with the requirements for renewal as set forth in Section 12 [61-4-13 NMSA 1978], shall, upon order of the board, forfeit his right to practice chiropractic in this state and his license a…

The Chiropractic Physician Practice Act does not apply to: A. any commissioned officer of the armed forces of the United States in the discharge of his official duties; B. a chiropractor who is legally qualified to practice in the state or territory in which he resides, when in a…

Any person licensed as a chiropractor under any prior law of this state whose license is valid on the effective date of the Chiropractic Physician Practice Act shall be deemed as licensed under the provisions of the Chiropractic Physician Practice Act. History: 1953 Comp., § 67-3…

effective July 1, 2028.) The chiropractic board is terminated on July 1, 2027 pursuant to the Sunset Act [12- 9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Chiropractic Physician Practice Act until July 1, 2028. Effective July …

As used in the Chiropractic Physician Practice Act: A. "advanced practice chiropractic certification registry" means a compendium kept by the board that meets and maintains the board's established credentials for certified advanced practice chiropractic physicians; B. "certified …

(Repealed effective July 1, 2028.) A. The "chiropractic board" is created and is administratively attached to the regulation and licensing department. The board shall consist of six persons, four of whom have been continuously engaged in the practice of chiropractic in New Mexico…

July 1, 2028.) A. Each applicant for a license to practice chiropractic shall: (1) make application on forms furnished by the board; (2) submit evidence on oath satisfactory to the board that the applicant has reached the age of majority, has completed a preliminary education equ…

effective July 1, 2028.) In addition to the requirements prescribed in Section 61-4-4 NMSA 1978, all applicants for licensure who have matriculated at a chiropractic college after October 1, 1975 shall present evidence of having graduated from a chiropractic college having status…

license. (Repealed effective July 1, 2028.) A. The board shall recognize successful completion of all parts of the examination conducted by the national board of chiropractic examiners. B. The board shall examine each applicant in the act of chiropractic adjusting, procedures and…

payment. (Repealed effective July 1, 2028.) A. There is created the "chiropractic fund". B. All funds received by the board and money collected under the Chiropractic Physician Practice Act shall be deposited with the state treasurer. The state treasurer shall place the money to …

2028.) A. The board shall issue a license without examination to a chiropractic physician who is a graduate of a standard college of chiropractic and has been licensed in another licensing jurisdiction if the applicant holds a valid and unrestricted license, is in good standing w…

A. Licensed chiropractic physicians shall observe all health and hygiene laws and regulations of the state and its political subdivisions and shall report births and deaths to the proper authorities. Reports rendered by chiropractors shall be accepted by officers of departments o…

established. (Repealed effective July 1, 2028.) The board shall establish by rule the advanced practice chiropractic certification registry. A chiropractic physician authorized by the board to use the title "certified advanced practice chiropractic physician" shall have prescript…

authority defined. (Repealed effective July 1, 2028.) A. A certified advanced practice chiropractic physician may prescribe, administer and dispense herbal medicines, homeopathic medicines, over-the-counter drugs, vitamins, minerals, enzymes, glandular products, protomorphogens, …

1, 2028.) The terms "chiropractor", "chiropractic physician" or "chiropractic" may be used only by persons licensed pursuant to the Chiropractic Physician Practice Act. History: Laws 2008, ch. 44, § 3.

Chapter 61, Article 5A NMSA 1978 may be cited as the "Dental Health Care Act". History: Laws 1994, ch. 55, § 1; 2007, ch. 63, § 1.

In addition to any other authority provided by law, the board and the committee, when designated, shall: A. enforce and administer the provisions of the Dental Health Care Act and the Dental Amalgam Waste Reduction Act [61-5C-1 to 61-5C-6 NMSA 1978]; B. promulgate in accordance w…