61-3-10. Powers; duties.
854 words·~4 min read·
/nm/chapter-61-professional-and-occupational-licenses/article-3-nursing/61-3-10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The board:
A. shall promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] as 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];
G. shall conduct hearings upon charges related to an applicant or discipline of a licensee or the denial, suspension or revocation of a license in accordance with the procedures of the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978];
H. shall cause the prosecution of persons violating the Nursing Practice Act and have the power to incur such expense as is necessary for the prosecution;
I. shall keep a record of all proceedings;
J. shall make an annual report to the governor;
K. 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, and the board 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 a license authorized by the Nursing Practice Act shall not be delegated by the board;
L. 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;
M. shall, for the purpose of protecting the health and well-being of residents of New Mexico and promoting current nursing knowledge and practice, promulgate rules establishing continuing education requirements as a condition of license renewal and shall study methods of monitoring continuing competence;
N. may appoint advisory committees consisting of at least one member who is a board member and at least two members who are 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 through 10-8-8 NMSA 1978];
O. may promulgate rules designed to maintain an inactive status listing for registered nurses and licensed practical nurses, including designating an inactive reserve category for registered nurses and licensed practical nurses for activation during an emergency for limited functions at no cost to the nurse;
P. may promulgate rules to regulate the advanced practice of professional registered nursing and expanded practice of licensed practical nursing;
Q. shall license qualified certified nurse practitioners, certified registered nurse anesthetists and certified clinical nurse specialists;
R. 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;
S. shall promulgate rules establishing standards for authorizing prescriptive authority to certified nurse practitioners, certified clinical nurse specialists and certified registered nurse anesthetists;
T. shall determine by rule the states and territories of the United States or the District of Columbia from which it will not accept an applicant for expedited licensure and shall determine any foreign countries from which it will accept an applicant for expedited licensure. The board shall post the lists of unapproved and approved licensing jurisdictions on the board's website. The list of disapproved licensing jurisdictions shall include the specific reasons for disapproval. The lists shall be reviewed annually to determine if amendments to the rule are warranted;
U. shall promulgate a rule creating a retired registered nurse license category without a licensing fee for retired registered nurses who can serve on advisory and policymaking community and nonprofit organization boards;
V. shall ensure that New Mexico nursing data collected by the board is owned by the board;
W. shall develop and maintain a system that assists all schools of nursing with the coordination of pre-licensure clinical placements;
X. shall provide a nurse applying for a first-time license, or upon renewal of a license, the option for a single or multistate license, which may incur an additional fee; and
Y. shall promulgate rules establishing standards for the use of artificial intelligence in nursing.
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; 2022, ch. 39, § 14; 2025, ch. 101, § 4.