New Mexico Statutes
Article 3 - Nursing
Section 61-3-10 - Powers; duties.

The board:
A. shall adopt and revise such rules and regulations as may be necessary to enable it to carry into effect the provisions of the Nursing Practice Act and to maintain high standards of practice;
B. shall prescribe standards and approve curricula for educational programs preparing persons for licensure under the Nursing Practice Act;
C. shall provide for surveys of educational programs preparing persons for licensure under the Nursing Practice Act;
D. shall grant, deny or withdraw approval from educational programs for failure to meet prescribed standards, if a majority of the board concurs in the decision;
E. shall provide for the examination, licensing and renewal of licenses of applicants;
F. shall conduct hearings upon charges relating to discipline of a licensee or nurse not licensed to practice in New Mexico who is permitted to practice professional registered nursing or licensed practical nursing in New Mexico pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact [61-3-24.1 NMSA 1978] or the denial, suspension or revocation of a license in accordance with the procedures of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978];
G. shall cause the prosecution of all persons, including firms, associations, institutions and corporations, violating the Nursing Practice Act and have the power to incur such expense as is necessary therefor;
H. shall keep a record of all proceedings;
I. shall make an annual report to the governor;
J. shall appoint and employ a qualified registered nurse, who shall not be a member of the board, to serve as executive officer to the board, who shall define the duties and responsibilities of the executive officer, except that the power to grant, deny or withdraw approval for schools of nursing or to revoke, suspend or withhold any license authorized by the Nursing Practice Act shall not be delegated by the board;
K. shall provide for such qualified assistants as may be necessary to carry out the provisions of the Nursing Practice Act. Such employees shall be paid a salary commensurate with their duties;
L. shall, for the purpose of protecting the health and well-being of the citizens of New Mexico and promoting current nursing knowledge and practice, adopt rules and regulations establishing continuing education requirements as a condition of license renewal and shall study methods of monitoring continuing competence;
M. may appoint advisory committees consisting of at least one member who is a board member and at least two members expert in the pertinent field of health care to assist it in the performance of its duties. Committee members may be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978];
N. may adopt and revise rules and regulations designed to maintain an inactive status listing for registered nurses and licensed practical nurses;
O. may adopt rules and regulations to regulate the advanced practice of professional registered nursing and expanded practice of licensed practical nursing;
P. shall license qualified certified nurse practitioners, certified registered nurse anesthetists and clinical nurse specialists;
Q. shall register nurses not licensed to practice in New Mexico who are permitted to practice professional registered nursing or licensed practical nursing in New Mexico pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact; and
R. shall adopt rules and regulations establishing standards for authorizing prescriptive authority to certified nurse practitioners, clinical nurse specialists and certified registered nurse anesthetists.
History: 1953 Comp., § 67-2-7, enacted by Laws 1968, ch. 44, § 7; 1977, ch. 220, § 4; 1991, ch. 190, § 6; 1997, ch. 244, § 6; 2003, ch. 276, § 4; 2003, ch. 307, § 7.
2003 Multiple Amendments. — Laws 2003, ch. 276, § 4 and Laws 2003, ch. 307, § 7 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2009, ch. 307, § 7, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2003, ch. 276, § 4 and Laws 2003, ch. 307, § 7 are described below. To view the session laws in their entirety, see the 2003 session laws on NMOneSource.com.
Laws 2003, ch. 307, § 7, effective January 1, 2004, substituted "if" for "provided that" following "prescribed standards" near the end of Subsection D; inserted "or nurse not licensed to practice in New Mexico who is permitted to practice professional registered nursing or licensed practical nursing in New Mexico pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact" following "discipline of a licensee" near the middle of Subsection F; and added a new Subsection Q and redesignated former Subsection Q as Subsection R.
Laws 2003, ch. 276, § 4, effective June 20, 2003, at the end of Subsection Q inserted "and certified registered nurse anesthetists".
The 1997 amendment, effective June 20, 1997, substituted "who" for "and" preceding "shall define" in Subsection J, added "and shall study methods of monitoring continuing competence" at the end of Subsection L, substituted "license qualified" for "endorse the qualifications of" at the beginning of Subsection P, and added Subsection Q.
The 1991 amendment, effective June 14, 1991, substituted "educational" for "education" in Subsections D and L; substituted "at least one member who is a board member and at least two members" for "at least three members" in Subsection M; added Subsections O and P; and made a minor stylistic change in Subsection J and a related stylistic change in Subsection M.
Duplicate certificate. — The board could establish regulations for issuing a duplicate certificate, but no fee could be charged therefor. 1966 Op. Att'y Gen. No. 66-99.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 22 to 24.

Structure New Mexico Statutes