New Mexico Statutes
Article 1 - Public Health
Section 24-1-41 - Health facilities; certified nurse practitioners; certified nurse-midwives; privileges; parity with physicians.

A. Unless required by federal law, a health facility shall establish the same criteria for granting patient admitting or discharge privileges or in authorizing continuing patient care for certified nurse practitioners, certified nurse-midwives and clinical nurse specialists as the health facility has established for physicians.
B. A health facility shall ensure that certified nurse practitioners, certified nurse-midwives and clinical nurse specialists acting in accordance with these professionals' respective scopes of practice under New Mexico law are:
(1) eligible to serve on the health facility's medical staff;
(2) credentialed under the same procedures as the health facility has established for physicians; and
(3) authorized to conduct peer review of their professional colleagues.
C. As used in this section:
(1) "certified nurse-midwife" means an individual licensed as a registered nurse pursuant to the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978] and licensed by the department of health as a certified nurse-midwife;
(2) "certified nurse practitioner" means a registered nurse who is licensed by the board of nursing for advanced practice as a certified nurse practitioner pursuant to the Nursing Practice Act;
(3) "clinical nurse specialist" means a registered nurse who is licensed by the board of nursing 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 of nursing;
(4) "health facility" means a health facility licensed by the department of health pursuant to the Public Health Act; and
(5) "physician" means an individual licensed to practice as a medical doctor or an osteopathic physician.
History: Laws 2019, ch. 129, § 1.
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.
Laws 2019, ch. 129, § 1 was not enacted as part of the Public Health Act, but was compiled there for the convenience of the user.
Effective dates. — Laws 2019, ch. 129, § 2 made Laws 2019, ch. 129, § 1 effective July 1, 2020.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 24 - Health and Safety

Article 1 - Public Health

Section 24-1-1 - Short title.

Section 24-1-2 - Definitions.

Section 24-1-3 - Powers and authority of department.

Section 24-1-4 - Creation of health regions; appointment of health officers; powers and duties of health officers.

Section 24-1-4.1 - Certified nurse-midwives; prescriptive, distributing and administering authority.

Section 24-1-5 - Licensure of health facilities; hearings; appeals.

Section 24-1-5.1 - Repealed.

Section 24-1-5.2 - Health facilities; intermediate sanctions; civil penalty.

Section 24-1-5.3 - Repealed.

Section 24-1-5.4 - Plan of growth; requirements; reporting.

Section 24-1-5.5 - Repealed.

Section 24-1-5.6 - Northern New Mexico substance abuse treatment pilot project.

Section 24-1-5.7 - Methadone clinics; regulation by the human services department.

Section 24-1-5.8 - Legislative findings; licensing requirements for certain hospitals.

Section 24-1-5.9 - Reporting requirements.

Section 24-1-5.10 - Federal participation required; exception.

Section 24-1-6 - Tests required for newborn infants.

Section 24-1-6.1 - Newborn hearing testing required; department of health.

Section 24-1-7 - Sexually transmitted infections; reports of cases.

Section 24-1-8 - Repealed.

Section 24-1-9 - Capacity to consent to examination and treatment for a sexually transmitted infection.

Section 24-1-9.1 - Sexually transmitted infections; testing of persons convicted of certain criminal offenses.

Section 24-1-9.2 - Sexually transmitted infections; testing of persons formally charged for allegedly committing certain criminal offenses.

Section 24-1-9.3 - Sexually transmitted infections; mandatory counseling.

Section 24-1-9.4 - Sexually transmitted infections; confidentiality.

Section 24-1-9.5 - Repealed.

Section 24-1-9.6 - Sexually transmitted infections; disclosure.

Section 24-1-9.7 - Penalty.

Section 24-1-10 - Pregnancy; serological test for syphilis.

Section 24-1-11 - Reporting of blood tests.

Section 24-1-12 - Health certificates; filing.

Section 24-1-13 - Pregnancy; capacity to consent to examination and diagnosis.

Section 24-1-13.1 - Pregnancy; prenatal, delivery and postnatal treatment to a female minor; capacity to consent.

Section 24-1-13.2 - Shaken baby syndrome prevention.

Section 24-1-14 - [Sterilization;] special qualifications prohibited.

Section 24-1-15 - Isolation; quarantine; protocol.

Section 24-1-15.1 - Protocol for management of active tuberculosis.

Section 24-1-15.2 - Conditions of public health importance; reporting.

Section 24-1-15.3 - Conditions of public health importance; testing; screening.

Section 24-1-15.4 - Individually identifiable health information; conditions of public health importance; confidentiality; use; disclosure.

Section 24-1-16 - Inspection definitions.

Section 24-1-17 - Inspectorial search by consent.

Section 24-1-18 - Inspection searches.

Section 24-1-19 - Emergency inspectorial searches.

Section 24-1-20 - Records confidential.

Section 24-1-21 - Penalties.

Section 24-1-22 - Scientific laboratory division; testing methods; certification.

Section 24-1-23 - Disclosure by medicare health care providers; limitation on charges to recipient of services.

Section 24-1-24 - Repealed.

Section 24-1-25 - Holly Gonzales experimental treatment fund created.

Section 24-1-26 - Repealed.

Section 24-1-27 - Purpose.

Section 24-1-28 - Behavioral health planning council created; powers and duties; membership.

Section 24-1-29 - Commission created; members; duties.

Section 24-1-30 - Hand washing facilities; requirement.

Section 24-1-31 - Save our children's sight fund created.

Section 24-1-32 - Notice of the need for further vision evaluation and availability of funds.

Section 24-1-33 - Communication regarding reconstructive breast surgery.

Section 24-1-34 - Primary stroke centers; comprehensive stroke centers; acute stroke capable centers; department certification; rulemaking.

Section 24-1-35 - Assisted living facilities contracts; limit on charges after resident death.

Section 24-1-36 - Statewide community-based adult fall risk awareness and prevention program.

Section 24-1-37 - Lay caregiver; aftercare; designation.

Section 24-1-38 - Hospitals; requirement to offer influenza and pneumococcal immunizations.

Section 24-1-39 - Mammograms; health facilities; breast density disclosure.

Section 24-1-40 - Department of health; New Mexico board of dental health care; annual report; biennial report.

Section 24-1-41 - Health facilities; certified nurse practitioners; certified nurse-midwives; privileges; parity with physicians.

Section 24-1-42 - Eligibility for state or local health benefits.

Section 24-1-43 - Reporting; medical aid in dying.