N.M. Stat. § 61-3-3 (2026)

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 certified clinical nurse
specialists;

   B. "advanced practice registered nurse" means a certified nurse practitioner,
certified registered nurse anesthetist or certified clinical nurse specialist licensed
pursuant to the Nursing Practice Act;

   C. "anesthetics" means a substance that causes the entire or partial loss of the
feeling of pain, temperature or other sensations, with or without the loss of
consciousness, including topical, local or intravenous anesthetics but excluding general
anesthesia;

    D. "artificial intelligence" means a broad category of existing, emerging and future
digital technologies that involves using algorithms to drive the behavior of agents such
as software programs, machines and robotics;

   E. "board" means the board of nursing;

    F. "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;
    G. "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;

   H. "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;

    I. "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;

   J. "certified clinical nurse specialist" means a registered nurse who is licensed by
the board for advanced practice as a certified clinical nurse specialist and whose name
and pertinent information are entered on the list of certified clinical nurse specialists
maintained by the board;

   K. "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;

   L. "general anesthesia" means a drug-induced loss of consciousness where:

       (1)    patients are not arousable, even by painful stimulation;

       (2)    the ability to maintain an adequate airway and respiratory function is
affected; and

       (3)    the cardiovascular function may be impaired;

   M. "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];

    N. "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;

     O. "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;

   P. "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;

    Q. "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;

    R. "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;

   S. "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;

   T. "scope of practice" means the parameters within which nurses practice based
upon education, experience, licensure, certification and expertise;

   U. "sedation" means the administration of medication to produce various levels of
calmness, relaxation or sleep, including:
      (1)    minimum sedation, during which a patient responds normally to verbal
commands and may have impaired cognitive function or coordination, and respiratory
and cardiovascular functions remain stable;

       (2)   moderate sedation, during which a patient responds purposefully to verbal
commands, either alone or accompanied by light tactile stimulation; respiratory
functions remain stable; and cardiovascular functions are usually maintained;

      (3)   deep sedation, during which a patient cannot be easily aroused but
responds purposefully, following repeated or painful stimulation; respiratory functions
may be impaired, requiring assistance in maintaining the airway, including intubation
and mechanical ventilation; and cardiovascular functions are usually maintained; or

        (4)     palliative sedation, an end-of-life intervention used to provide a patient
with relief of symptoms that cannot be controlled in a tolerable time frame despite the
use of therapies and that are unlikely to be controlled by further therapies without
excessive, intolerable, acute or chronic side effects or complications, but not to
intentionally hasten death; and

   V. "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; 2025, ch.
101, § 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 2025 amendment, effective June 20, 2025, defined the terms "advanced practice
registered nurse", "anesthetics", "artificial intelligence", "general anesthesia", and
"sedation" as used in the Nursing Practice Act, and made technical amendments; added
"certified" preceding each occurrence of "clinical nurse specialist" throughout the
section; added new Subsections B through D and redesignated former Subsections B
through H as Subsections E through K, respectively; added a new Subsection L and
redesignated former Subsections I through P as Subsections M through T, respectively;
and added a new Subsection U and redesignated former Subsection Q as Subsection
V.

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.