It is unlawful for any person, other than a person licensed in New Mexico to practice medicine, osteopathy or dentistry or a currently licensed certified registered nurse anesthetist, to administer anesthetics to any person. Nothing in this section prohibits a person currently licensed pursuant to the Nursing Practice Act from using hypnosis or from administering local anesthetics or moderate sedation.
History: 1953 Comp., § 67-2-4.1, enacted by Laws 1973, ch. 149, § 2; 1979, ch. 379, § 2; 1985, ch. 67, § 3; 1991, ch. 190, § 4; 1997, ch. 244, § 5; 2005, ch. 307, § 2.
The 2005 amendment, effective April 7, 2005, changed "conscious sedation" to "moderate sedation".
The 1997 amendment, effective June 20, 1997, inserted "licensed" near the end of the first sentence, and in the last sentence substituted "licensed pursuant to the Nursing Practice Act from using hypnosis or from administering local anesthetics or conscious sedation" for "licensed in the healing arts from administering local anesthetics or from using hypnosis".
The 1991 amendment, effective June 14, 1991, substituted "anesthetics" for "anesthesia exceptions" in the catchline and for "anesthesia" in the second sentence, and, in the first sentence, substituted "to administer anesthetics" for "when acting under the direction of and in the immediate area of a licensed physician, or dentist, to administer anesthesia".
Nursing license required. — The board of nursing may not license a person as an anesthetist if that person is not a registered nurse or a licensed practical nurse in the state of New Mexico. 1973 Op. Att'y Gen. No. 73-62.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Nurse's liability for her own negligence or malpractice, 51 A.L.R.2d 970.
Malpractice: duty and liability of anesthetist, 53 A.L.R.2d 142, 49 A.L.R.4th 63.
Liability of operating surgeon for negligence of nurse assisting him, 12 A.L.R.3d 1017.
Liability of hospital for negligence of nurse assisting operating surgeon, 29 A.L.R.3d 1065.
Medical malpractice: who are "health care providers," or the like, whose actions fall within statutes specifically governing actions and damages for medical malpractice, 12 A.L.R.5th 1.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-3-4 - Criminal offender's character evaluation.
Section 61-3-5 - License required.
Section 61-3-5.1 - Temporary licensure.
Section 61-3-6 - Administration of anesthetics.
Section 61-3-8 - Board created; members; qualifications; terms; vacancies; removal.
Section 61-3-9 - Board meetings; quorum; officers.
Section 61-3-10 - Powers; duties.
Section 61-3-10.1 - Hemodialysis technicians; training programs; certification.
Section 61-3-10.2 - Medication aides.
Section 61-3-10.5 - Nursing excellence program; license renewal surcharge.
Section 61-3-10.6 - Nursing excellence fund created.
Section 61-3-11 - Bonds; expenses.
Section 61-3-12 - Examination; notice to applicants.
Section 61-3-13 - Qualifications for licensure as a registered nurse.
Section 61-3-14 - Licensure of registered nurses; expedited licensure.
Section 61-3-16 - Fees for licensure as a registered nurse.
Section 61-3-17 - Registration under previous law.
Section 61-3-18 - Qualifications for licensure as a licensed practical nurse.
Section 61-3-19 - Licensure of licensed practical nurses; expedited licensure.
Section 61-3-21 - Registration under previous law.
Section 61-3-22 - Fees for licensure as a licensed practical nurse.
Section 61-3-23 - Permit to practice for graduate nurses.
Section 61-3-23.1 - Permit to practice for graduate nursing specialties.
Section 61-3-23.4 - Clinical nurse specialist; qualifications; endorsement; expedited licensure.
Section 61-3-23.6 - Recompiled.
Section 61-3-24 - Renewal of licenses.
Section 61-3-24.1 - Nurse licensure compact entered into.
Section 61-3-26 - Schools of nursing; standards; approval.
Section 61-3-27 - Fund established; disposition; method of payment.
Section 61-3-27.1 - Board of nursing fund; authorized use.