New Mexico
Register / Volume XXXVI, Issue 24 / December 23, 2025
16.12.16.1 ISSUING AGENCY: New Mexico Board
of Nursing.
[16.12.2.1 NMAC - N, 1/1/2026]
16.12.16.2 SCOPE: This rule applies to all nurses
licensed in New Mexico and all nurses not licensed
in this state whose home state is not New Mexico and who wish to practice
in New Mexico pursuant to a multi-state license privilege as provided in the nurse licensure compact.
[16.12.16.2 NMAC -N, 1/1/2026]
16.12.16.3 STATUTORY AUTHORITY: Section 61-3-1 NMSA 1978 authorized the board of nursing to regulate the practice of nursing in the state.
[16.12.16.3 NMAC - N, 1/1/2026]
16.12.16.4 DURATION: Permanent.
[16.12.16.4 NMAC - N, 1/1/2026]
16.12.16.5 EFFECTIVE DATE: January 1, 2026, unless a later date is cited at the end of a section.
16.12.16.6 OBJECTIVES: To promote, preserve and protect the public health, safety and welfare of the citizens of the state of New Mexico.
[16.12.16.6 NMAC - N, 1/1/2026]
16.12.16.7
DEFINITIONS: [RESERVED]
[16.12.16.7 NMAC -N,
1/1/2026]
16.12.16.8 FEES: Payment of fees will be accepted in the form specified by the board. The
initial license application
fee will be for a period of one year, plus the months to the applicant’s birth
month.
Fees will be collected in full to commensurate with the length of
the renewal period. Fees are not refundable.
A. Licensure by examination, expedited, or endorsement:
(1) Registered nurse
(RN)
$150.
(2) Licensure for military personnel, spouse, dependent, or veteran $0.
(3) Reserve registered nurse (RRN) $0.
(4) Retired Nurse License (RNL) $0.
B. License renewal:
(1) Registered nurse
(RN)
$110.
(2) First renewal
of license for military personnel, spouse, dependent, or veteran $0.
(3) Reserve Registered Nurse (RRN) $0.
(4) Retired Nurse License (RNL) $0.
C. Inactive license renewal
(late renewal, lapsed
status, reactivation, reinstatement after board action)
includes renewal fee:
(1) Registered nurse
(RN)
$200.
(2) Reserve registered nurse (RRN) $0.
D. Other Fees:
(1) Re-exam RN $60.
(2) Temporary license
RN
$60.
(3) license verification $30.
(4) Multistate/compact license $50.
[16.12.16.8 NMAC - N,
1/1/2026]
16.12.16.9 LICENSURE REQUIREMENTS FOR
REGISTERED NURSES: Licensure with the New Mexico board of
nursing is mandatory and is the responsibility of the individual nurse,
pursuant to the Nursing Practice Act.
For states who are a part of the nurse licensure compact, licensure in
New Mexico can only be issued to applicants who declare New Mexico as their
primary state of residence.
A. Prerequisites
for licensure of RNs by examination in New Mexico.
(1) Completion of a degree for pre-licensure nursing and
eligible for graduation from a board approved course of study for the
preparation of registered nurses or graduation from a program outside the
United States which is equivalent to an approved program of nursing in the
United States (U.S.):
(2) Puerto Rico applicants who are graduates of a program
accredited by a US national nursing accreditation organization practical
program taught in English are eligible to sit national council licensure
examination for the registered nurse (NCLEX-RN) exam. Graduates from a program accredited by a US
national nursing accreditation organization taught in Spanish shall demonstrate
competency in English by successful completion of a board approve English
competency examination.
(3) RN graduates from non-U.S. nursing
programs:
(a) shall have an
evaluation of their nursing education credentials sent to the board directly
from a board recognized educational credentialing agency;
(i) the
credentialing agency must be a member of a national credentialing organization
and must be monitored by an external committee of credentialing experts and
nursing educators;
(ii) the
credentialing agency must demonstrate the ability to accurately analyze
academic and licensure credentials in terms of U.S. comparability, with
course-by-course analysis of nursing academic records;
(iii) the
credentialing agency must manage the translation of original documents into
English;
(iv) the
credentialing agency will inform the board of nursing in the event of
fraudulent documents;
(v) the
credentials report must state the language of nursing instruction and language
of textbooks for nursing education; and
(vi) the
credentialing agency must only use original source documents in evaluating
nursing education and must compare the foreign education to the U.S. education
standards.
(vii) the executive director and the board
reserve the right to not recognize an educational credentialing agency that
does not meet these requirements.
(b) successful
completion of a board approved English competency examinations with the
following conditions:
(i) a
minimum score of 540 (207 on computerized version) on the test of English as a
foreign language (TOEFL) or test of English as a foreign language - internet
based test (TOEFL IBT) minimal passing standard of 84 overall, with a minimum
speaking score of 26, a minimum score of 725 on test of English for
international communication test of English for international communication
(TOEIC) or a minimum score of 6.5 overall with a 7.0 on the spoken portion on
the academic version of international English language testing system
international English language testing system (IELTS); OET Grade C+ for
reading, writing, and listening, OET Grade B for speaking on the occupational
English test (OET); a minimum score of 59 or higher and a CEFR score of B2 or
higher on the Michigan English test (MET) score report;
(ii) completion
of a nursing program given in English in another country;
(iii) a
passing score on a nursing licensure examination which is given in English.
(4) Completion of the required board of
nursing application for licensure by examination according to instructions and
including the required fee.
(5) Completion of NCLEX application for
the testing service according to instructions.
(6) Graduates who have compact state
addresses or who declare another compact state as their state of residence on
their application will have their application for examination denied.
(7) The board shall not approve an
application for a license until the applicant provides the following
information:
(a) demographics,
including race, ethnicity and primary and other languages spoken;
(b) practice status,
including but not limited to active practices in New Mexico and other
locations; practice type, practice settings, such as hospital, clinic or other
clinical settings;
(c) education,
training and primary and secondary specialties;
(d) average hours
worked per week, and the average number of weeks worked per year in the
licensed profession;
(e) percentage of
practice engaged in direct patient care and in other activities, such as
teaching, research and administration in the licensed profession;
(f) practice plans
for the next five years, including retiring from the health care profession,
moving out of state or changing health care work hours.
B. Nationwide
criminal background check. Applicants
for licensure in New Mexico are subject to a state and national criminal
background check at their cost.
(1) Applicants will follow the criminal background check
process required by the New Mexico department of public safety or its agent.
(2) Applications for exam or endorsement
will not be processed without results of a criminal background check.
(3) If the criminal background check reveals a felony or
violation of the Nursing Practice Act, the applicant/licensee will be notified
to submit copies of legal documents and other related information to be
reviewed by the executive director, as delegated by the board, or the board to
make the determination if the applicant is eligible for licensure or if
disciplinary action will be taken.
C. Complete application for licensure
by examination, certification of eligibility for graduation completed by
nursing education program or official transcript, and an approved criminal background check must be received by
the board office prior to being granted permission to take the national
licensing examination (NCLEX).
Certification of eligibility for graduation is completed by nursing
education program or official transcript, indicating date requirements for
graduation from the nursing program were met and certificate or degree awarded
must be received in the board office directly from the registrar’s office.
D. Results
of the examination shall be reported to the individual applicant within two
weeks following the applicant’s examination date. Examination results shall be released to the
applicant’s nursing program and boards of nursing unless otherwise instructed,
in writing, by applicant.
E. An
initial license shall be valid until the last day of the applicants’ birth
month after the first anniversary of the initial license.
F. Applications
containing fraudulent or misrepresented information could be the basis for
denial or revocation of licensure.
G. If
the licensure process is not completed, the application becomes null and void
12 months after date of the application being received at the board.
H. Permits-to-practice
may be issued for employment at a specific institution(s) in New Mexico. Permits-to-practice can be emailed, faxed or
mailed directly to the New Mexico employing institution(s).
(1) To be eligible for a permit-to-practice, the applicant
must:
(a) complete the application process to
take the NCLEX within 12 weeks of graduation; the permit to practice for RN
graduates of U.S. schools may be issued for a period not to exceed six months
from the receipt date of application; permits to practice may not be issued by
the New Mexico board of nursing for employment at specific institution(s) in
compact states; permits-to-practice will not be issued for applicants who
declare residency in other compact states;
(b) RN graduates from non-U.S. nursing
programs may be issued a permit-to-practice in New Mexico for a period not to
exceed six months from the date of application when requirements are met
according to Paragraph (3) of Subsection A of 16.12.16.9 NMAC;
(c) assure that prospective New Mexico
employer(s) submit a letter of intent to employ to the board office, on agency
letterhead, indicating the name of a specific New Mexico employer and name and
nursing license number of the RN who is responsible for assuring direct
supervision by a registered nurse;
(d) have an approved criminal background
check result.
(2) Permits-to-practice cannot be transferred or renewed.
(3) Written
notification from employer must be made to the board office in case of lost or
stolen permit-to-practice.
(4) Permits-to-practice shall be valid until the examination
results are disseminated but shall not exceed the expiration date on the
permit.
(a) Applicants who
fail the first or any subsequent examination shall not practice nursing until
such time as the applicant passes a nursing licensing examination.
(b) Any applicant
who is eligible to write the registered nurse examination but elects to write
the practical examination on the basis of practical nursing education
equivalency and fails the practical examination shall not be granted graduate
nurse status when the applicant applies to write the registered nurse
examination.
(c) Any applicant
who fails to appear for the first examination for which applicant is eligible
shall not practice nursing until such time as the applicant passes a licensing
examination.
(5) Candidates who were not successful on
the national licensure examination
will receive the results as soon as they are available.
(6) Applicants who hold a graduate permit-to-practice and do
not become licensed prior to the expiration date of the permit may not continue
to practice as a graduate nurse or graduate practical nurse.
I. Direct supervision for graduate
permit holders:
(1) at a minimum, the RN responsible for
direct supervision must be in the facility or on the unit with the graduate;
(2) the RN is responsible for observing,
directing and evaluating the performance of the graduate;
(3) the RN supervisor must not be engaged
in other activities that would prevent them from providing direct supervision.
J. NCLEX
attempt limits:
(1) Applicants
educated in the United States may take the examination a maximum of five times
within three years of graduation from basic nursing education.
(2) Applicants educated outside of the United States may take
the examination a maximum of five times within three years of their initial New
Mexico application for licensure through examination.
(a) Applicants educated outside of the
United States may apply for initial licensure regardless of date of completion
of basic nursing education with verification of licensure as a nurse within the
last four years.
(b) Applicants educated outside of the
United States may apply for initial licensure within four years of completion
of basic nursing education if there is no verification of licensure within the
last four years.
(3) The applicant must wait 45 days to retest after failing
the exam.
(4) Applicants for re-examination must
meet all NCLEX requirements for retaking the examination.
(5) Education requirements must be met as specified and do not
provide or allow for any test out options.
K. National
council licensing examination:
(1) Applicants for licensure as registered nurses shall be
required to pass the NCLEX-RN.
(2) Applicants reported to the board for not following
examination procedures will have a complaint filed and an investigation
consistent with the discipline process.
L. Expedited
licensure for registered nurses and licensed practical nurses:
(1) An expedited license is a one-year provisional license
that confers the same rights, privileges and responsibilities as regular
licenses issued by a board. The board
will issue an expedited license to a qualified applicant based on prior
licensure in an eligible jurisdiction other than New Mexico upon an applicant’s
submission of a complete application containing all of the following:
(a) a completed and signed application
form;
(b) proof of current licensure in an
eligible jurisdiction;
(c) proof of good standing for the
license held by the applicant in an eligible jurisdiction;
(d) submission of fingerprints and other
information necessary for a state and national background check; and
(e) payment of the required application
fee.
(2) An expedited license application shall not be deemed
complete until the applicant has submitted, and the board’s staff is in receipt
of all of the materials required by Paragraph (1) of Subsection L of 16.12.16.9
NMAC including documentation from third parties.
(3) Upon submission of a complete application, the board’s
staff shall process the application and issue the expedited license to the
applicant within 30 days unless the applicant has a disqualifying criminal
conviction, or the board may have other cause to deny the application pursuant
to Section 61-3-28 NMSA 1978.
(4) If the applicant has a disqualifying criminal conviction
or the board may have other cause to deny the application pursuant to Section
61-3-28 NMSA 1978:
(a) the license may not be issued within
30 days of submission of the complete application;
(b) the matter of the applicant’s
application shall be submitted to the board for consideration and action at its
next available regular meeting; and
(c) the board may vote to grant the
application or refer the matter to its administrative prosecutor contemplating
the ultimate denial of the application as provided by the board’s rules.
(5) An expedited license is a single-state license not subject
to the multistate compact: prior to renewal of license, the holder of the
expedited license may apply to change the expedited license to a multistate
license and must fulfill all the requirements of the nurse licensure compact,
including completing another background check;
(6) Renewal of licenses:
(a) a licensee holding an expedited
license may apply for license renewal beginning 60 days prior to expiration of
the expedited license, as provided by the board’s rules;
(b) upon renewal, an expedited license
shall become a regular single-state license;
(c) if the licensee holding an expedited
license was not required by the licensee’s original jurisdiction outside of New
Mexico to pass the NCLEX for original licensure, the licensee shall be required
to take and pass the NCLEX as a prerequisite to the renewal of the
license. In such a case, the expedited
license shall not be renewed unless the licensee passes the NCLEX.
(7) Eligible and ineligible jurisdictions:
(a) the board will accept expedited
license applications on the basis of prior licensure in any jurisdiction within
the United States except the following:
Puerto Rico, on the grounds that this jurisdiction does not participate
in the coordinated licensure system.
(b) the board will accept expedited
license applications on the basis of prior licensure in the following
jurisdictions outside the United States: Canada.
M. Qualifications
for licensure as an RN are pursuant to the Nursing Practice Act:
(1) Continuing
education (CE) is not required for initial licensure by endorsement. CE requirements must be met at the time of
the first renewal. CE may be prorated to
commensurate with the length of the renewal period.
(2) Disciplinary
action taken or pending against a nursing license in another jurisdiction, or a
conviction of a felony, may result in denial of a license.
N. An
initial license shall be valid until the last day of the applicants’ birth
month after the first anniversary of the initial license.
O. If
the licensure process is not completed within one year after the date
application received by the board, the application becomes null and void.
P. In case of a medical emergency (as
defined in these rules), nurses currently licensed to practice as a RN in a
jurisdiction of the United States may practice in New Mexico without making
application for a New Mexico license for a period not to exceed 30 days.
Q. Requirements
for relicensure and reactivation.
Applicants for relicensure and reactivation must meet CE requirements as
stated in these rules, pursuant to the Nursing Practice Act Section 61-3-24
NMSA 1978. The CE may be prorated to
commensurate with the length of the renewal period.
(1) Licensed nurses shall be required to complete the renewal
process by the end of their renewal month every two years.
(2) A renewal notice shall be sent electronic notification to
the licensee at least six weeks prior to the end of the renewal month.
(a) Renewal of
license may be accepted no more than 60 days prior to the expiration date of
the license.
(b) The board shall
not approve an application for renewal of license until the applicant provides
the following information:
(i) demographics,
including race, ethnicity and primary and other languages spoken;
(ii) practice
status, including but not limited to active practices in New Mexico and other
locations; practice type, practice settings, such as hospital, clinic or other
clinical settings;
(iii) education,
training and primary and secondary specialties;
(iv) average
hours worked per week, and the average number of weeks worked per year in the
licensed profession;
(v) percentage
of practice engaged in direct patient care and in other activities, such as
teaching, research and administration in the licensed profession;
(vi) practice
plans for the next five years, including retiring from the health care
profession, moving out of state or changing health care work hours.
(c) Failure
to receive notice of pending renewal shall not relieve the licensee of the
responsibility of renewing the license by the expiration date.
(d) If the license is not renewed by the
end of the renewal month, licensee does not hold a valid license and shall not
practice nursing in New Mexico until the lapsed licensed has been reactivated.
(e) A reactivation
fee will be charged when the license has lapsed.
(f) Exception: if renewing, nurses who are mobilized for
active duty are not required to renew their license while on active duty, other
than training, during a military action.
A copy of the mobilization orders must be submitted to the board office
prior to expiration of the license. The
license extension shall end one month after deployment is concluded. No reactivation fee will be charged when the
license is renewed.
(3) 30 hours of approved CE must be accrued within the 24
months immediately preceding expiration of license. CE may be prorated to commensurate with the
length of the renewal period. Exception:
if renewing, nurses mobilized for military action are not required to
meet the CE requirements while on active duty, other than training, during a
military action. A copy of the
mobilization order must be submitted along with the renewal application.
(4) Individuals who reside out-of-state who do not hold
primary residence in a nurse licensure compact state, but wish to maintain a
current, valid New Mexico license, must meet the same requirements for
licensure as licensees residing within the state who have declared New Mexico
as their primary residence.
(5) Penalty: failure of
licensee to meet the CE requirement for licensure shall result in the license
not being renewed, reinstated, or reactivated.
When the CE requirement has been met, an application for licensure may
be submitted for consideration.
(6) Licenses can be verified on the board website or
www.nursys.com.
R. Reactivation/reinstatement
of a lapsed license must meet the requirements for re-licensure, to include a
background check if lapsed for over 90 days, pursuant to the Nursing Practice
Act and these rules. A reactivated or
reinstated license shall be valid for up to two years.
(1) Individuals who are reactivating a
license which has been lapsed for four or more years must complete a refresher
course that includes both a didactic and clinical component designed to prepare
a nurse who has been out of practice to re-enter into practice.
(a) Applicants will
follow the criminal background check process required by the New Mexico
department of public safety or its agent and have a new criminal background
check result approved.
(b) A temporary
license will be issued not to exceed six months unless the board of nursing
approves an extension to allow the individual to complete the refresher course
clinical component. If documentation is
not received by the board verifying successful completion of the refresher
course prior to the temporary license expiration date, the individual will not
be allowed to practice nursing.
S. Inactive status. Licensee may request their license be placed
on inactive status during the renewal cycle only; however, the licensee may not
function in a nursing capacity as a New Mexico licensed nurse until the license
is reactivated.
T. The board will collect a
standardized core essential data set as required in regulation for examinations
and renewals which will be entered into the internal licensing database at the
board of nursing.
[16.12.16.9
NMAC - N, 1/1/2026]
16.12.16.10 RESERVE REGISTERED AND RETIRED NURSE:
A. The
reserve registered nurse (RRN). The
purpose of the reserve license registered nurse is to allow specific RNs to
enroll in the medical reserve corps and to respond to a public health emergency
as declared by the cabinet secretary of the department of health or by the
governor.
(2) A registered nurse with a license that was in good
standing, and who does not wish to reactivate their registered nursing license
may apply to be a reserve registered nurse.
(a) The RRN must provide verification of
enrollment in the medical reserve corps.
(b) The RRN must maintain continuing
education as required by the medical reserve corps.
(c) The RRN must participate in exercises
and emergencies as required by the medical reserve corp.
(3) The RRN license must be renewed every two years through
completion of the application process.
There is no fee. If the reserve
license lapses more than six months, the nurse must complete a background
check, complete an application, and submit any information for participating in
the medical reserve corps.
(4) If an RN chooses to change their license to an RRN for
more than four years, in order the reactivate the RN license, the applicant
must complete a refresher course and meet all licensure requirements for
reactivation.
B. The
retired nurse license (RNL). The purpose
of the retired nurse license is to allow RNs no longer in practice to serve
solely where their knowledge and experience will be of benefit.
(1) A registered nurse with a current and unencumbered license
who is retired and no longer wishes to engage in direct patient care may apply.
(2) A retired nurse license (RNL) is an option at the time of
retirement or upon pending licensure renewal when the nurse’s status has
changed to retirement.
(3) The retired nurse license(RNL) is an option in lieu of an
inactive status.
(4) The retired nurse license (RNL) is valid solely for
service not involving direct patient care such as service on boards,
commissions, or task forces.
(5) The retired nurse license is not valid for direct patient
care and does not require continuing education.
(6) The retired nurse license must be renewed every two years
through completion of the application process.
(7) If the retired nurse license (RNL) lapses more than six
months, the nurse must complete an application, a background check, and submit
any information required for renewal. A
fee for the background check and application may be applied.
(8) If an RN chooses to change their retired nurse license
status after four or more years, in order to reactivate the RN license, the
applicant must complete a refresher course and meet all licensure requirements
for reactivation.
(9) The licensee is required to maintain all of the
professional standards and requirements in upholding the nursing practice act.
RNLs are subject to disciplinary actions for violations of the NPA.
[16.12.16.10 NMAC - N,
1/1/2026]
16.12.16.11 CONTINUING EDUCATION:
A. Introduction:
(1) Pursuant to the provision of the Nursing Practice Act, the
board of nursing prescribes the following regulations establishing requirements
for CE to be met by the licensee to protect the health and well-being of the
citizens of New Mexico and to promote current nursing knowledge and practice.
(2) Philosophy of CE:
The members of the New Mexico board believe that CE is one of the most
important responsibilities of the nurse and is a lifelong process. The primary responsibility for CE rests with
the individual nurse. A diversity of
nursing-related learning activities is recommended to enhance the scope of
professional development.
B. Requirements
and rules:
(1) Records:
(a) All licensees must indicate
compliance with the CE required by these rules on the renewal application. All information must be completed as
requested.
(b) Licensees are responsible for
maintaining their own CE records and for keeping the certificates of
verification of attendance of CE activities for at least one year after the
license is renewed. Photocopies of certificates
must be submitted to the board office only if audited and requested.
(2) CE audit:
(a) Continuing education records are
subject to audit by the board.
(b) Licensee may be subject to disciplinary
action by the board if non-compliant within 60 days of the first notification
of audit.
(c) When audited, CE
may be prorated to commensurate with the length of the renewal period.
C. Approved
continuing education: To be acceptable
in New Mexico, the CE activity must have been approved by a recognized approval
body and must enhance the licensee’s scope of professional development as
related to their activities in nursing.
The participant must receive a certificate of attendance which validates
the number of approved CE hours awarded, name of the participant, sponsoring
agency, approval body and date attended.
Correspondence courses, home-study programs, and online courses are
acceptable, if approved.
(1) Recognized approval bodies for CE for nurses:
(a) National or state recognized nursing
organizations.
(b) Other state boards of nursing.
(c) New Mexico board-approved local
monitoring systems.
(2) Other CE which may be accepted as approved CE for nurses:
(a) academic credit, computation: one
academic credit equals 15 contact hours;
(b) CE units (CEUs) or contact hours
awarded by CE divisions within educational institutions of higher learning;
(c) educational offerings approved
through other generally recognized health care or professional organizations as
related to licensee’s nursing practice.
D. Monitoring
system: CE hours accrued through
educational offerings approved by a local monitoring system shall be accepted
as meeting the CE requirements for licensure in New Mexico but may not be
accepted by other state boards of nursing as approved CE.
(1) Local monitoring systems within a nursing education
program must be approved initially and annually by the board of nursing. A guideline for the establishment and
operation of a local monitoring system is available in the board office.
(2) The approval of educational offerings shall be determined
on the approval criteria developed by the board.
E. Certification or recertification in the
registered nursing specialty:
Certification or recertification granted by a national professional
organization which uses criteria designed to recognize competence in a
specialized area of nursing practice may be used as an approved CE.
[16.12.16.11 NMAC - N,
1/1/2026]
16.12.16.12 STANDARDS OF REGISTERED NURSING PRACTICE:
A. The
nurse shall maintain individual competence in nursing practice, recognizing,
and accepting responsibility for individual actions and judgments.
(1) Competent registered nursing practice requires that the
nurse have the knowledge and skills to practice nursing safely and properly in
accordance with their licensure status and to perform specific functions or
procedures required in their particular area of practice. Competent nursing practice also requires that
the nurse has the knowledge to recognize and respond to any complication(s)
which may result from the function or procedure the nurse performs.
(2) To maintain the requisite knowledge and skills, the nurse
shall engage in CE specific to their particular area of practice.
(3) The registered nurse shall use individual competence as a
criterion in accepting assigned
responsibilities.
(4) The registered nurse contributes to the formulation,
interpretation, implementation and evaluation of the objectives and policies to
nursing practice within their employment setting.
B. The
registered nurse shall assign/delegate to licensed and unlicensed persons only
those nursing actions which that person is prepared, qualified or licensed or
certified to perform.
(1) The registered nurse is accountable for assessing the
situation and is responsible for the decision to delegate or make the
assignment.
(2) The delegating nurse is accountable for each activity
delegated, for supervising the delegated function or activity, and for
assessing the outcome of the delegated function or activity.
(3) The nurse may not delegate the specific functions of nursing
assessment, evaluation and nursing judgment to non-licensed persons.
(4) Registered nurses engaged in school nursing practice may
delegate medication administration, including emergency medication, to adults
affiliated with school operations.
C. The
nurse shall have knowledge of the laws and rules governing nursing and function
within the legal boundaries of nursing practice.
(1) The nurse must report incompetent and unprofessional
conduct to the appropriate authorities.
(2) The nurse must report violations of the Nursing Practice
Act and administrative rules of the board of nursing to the board of nursing.
D. The
nurse acts to safeguard the patient when their care and safety are affected by
incompetent, unethical, or illegal conduct of any person by reporting the
conduct to the appropriate authorities.
E. The
nurse shall recognize the dignity and rights of others regardless of social or
economic status and personal attributes, shall conduct practice with respect
for human dignity, unrestricted by considerations of age, race, religion, sex,
sexual orientation, national origin, disability or nature of the
patient/client’s health problems.
F. The
nurse safeguards the patient’s right to privacy by judiciously protecting
information of a confidential nature, sharing only that information relevant to
their care.
G. The
nurse shall identify themself by name and licensure category and shall provide their
license number when requested.
Additionally, this includes identification of themselves based on their
license as verified by a state board or national database. In a clinical setting, a nurse who has earned
a doctoral degree may use the title of doctor but must also simultaneously
include their licensure category and education.
H. Standards
for professional registered nursing practice.
Registered nurses practice in accordance with the definition of
professional registered nursing in the NPA.
Subsection J of Section 61-3-3 NMSA 1978.
(1) RNs may assume specific functions and perform specific
procedures which are beyond basic nursing preparation for professional
registered nursing Subsection J of Section 61-3-3 NMSA 1978 provided the
knowledge and skills required to perform the function and procedure emanates
from a recognized body of knowledge and practice of nursing, and the function
or procedure is not prohibited by any law or statue:
(a) emerging functions and procedures
that do not emanate from a nursing body of knowledge will require national
certification from a recognized body to denote mastery and assess competency as
the RN is recognized as being certified;
(b) certificates of course completion are
not evidence of mastery nor evidence of competency.
(2) When assuming specific functions and performing specific
procedures, which are beyond the nurse’s basic educational preparation, the RN
is responsible for obtaining the appropriate knowledge, skills and supervision
to assure they can
perform the function/procedure safely and competently:
(a) administration of medication for the
purposes of moderate sedation and analgesia requires particular attention;
(b) a nurse shall possess specialized
nursing knowledge, judgment, skill and current clinical competence to manage
the nursing care of the patient receiving moderate sedation including:
(i) being currently trained with
demonstrated proficiency in age - appropriate advanced life support, including
but not limited to; advanced cardiac
life support (ACLS), pediatric advanced life support (PALS), neonatal resuscitation
program (NRP);
(ii) knowledge of anatomy, physiology,
pharmacology, cardiac arrhythmia recognition, oxygen delivery, respiratory
physiology, transport and uptake and the use of an oxygen mask, bag-valve mask,
oral airway, nasal airway adjunct, or the maintenance of a supraglottic airway,
or endotracheal tube;
(iii) ability to recognize emergency
situations and institute emergency procedures as appropriate to the patient
condition and circumstance.
(3) To perform moderate
sedation a registered nurse:
(a) shall not have other responsibilities
during or after the procedure that would compromise the nurse’s ability to
adequately monitor the patient during moderate sedation/analgesia;
(b) shall assess the physical setting for
safe administration of medications for sedation and proceed only if the
resources needed for reasonable anticipated emergencies are available;
(c) shall ensure that a qualified airway
specialist is immediately available during and after the procedure for
respiratory emergencies. Immediately available meaning being present in the
facility, in the vicinity of the care being administered, and not otherwise
engaged in any other uninterruptible procedure or task.
(d) a qualified airway specialist is
trained in and maintains a current competency in endotracheal intubation, such
as but not limited to a CRNA, anesthesiologist, emergency physician, paramedic,
respiratory therapist or a registered nurse;
(e) shall decline to administer
medications classified as sedatives or other medication if the registered nurse
assesses the administration of sedatives or other medication would be unsafe
under the circumstances;
(f) shall maintain adequate oxygenation
and ventilation via an appropriate method.
(4) Administration of anesthetics is restricted to an
anesthesia provider; pursuant to Section 61-3-6 NMSA 1978. However, RNs may maintain anesthetic
medication drips on intubated and mechanically ventilated patients. RNs with
education and competency may also administer anesthetic medications under the
supervision of a qualified airway specialist, acting as a “provider’s third
hand,” and assist with airway management when the provider is unable to free
their hands or otherwise administer anesthetics during airway management. This restriction does not apply to surface or
air transport RNs providing emergency airway care while in direct communication
with their medical director or while following approved medical protocols.
(5) An RN may administer ketamine at a very-low dose only in
the following situations:
(a) for providing moderate sedation for
diagnostic or therapeutic procedures;
(b) for analgesia or management of
psychiatric disorders, and
(c) for palliative (end of life) care;
(d) A very-low dose permitted under this
rule, means a dose of ketamine that is a fraction of the anesthetic maintenance
dose and will not exceed a moderate sedation level of consciousness for
non-ventilated patients. Proper
protocols, training and education of the RN must be in place to assure
patient/client safety, rescue equipment is readily available, and the
supervising provider is knowledgeable of the medications and can intervene if
assistance is required.
(6) Educational program criteria:
educational programs preparing
RNs to perform specific functions and procedures that are beyond basic
educational preparations should:
(a) prepare the nurse to safely and
properly perform the function and procedures;
(b) prepare the nurse to recognize and
respond to any complication(s) which may result from the procedure, and; verify
the nurse’s knowledge and the ability to perform the specific functions and
procedures.
[16.12.2.12 NMAC - N, 1/1/2026]
16.12.16.13 REGISTERED NURSING PRACTICE AND
ARTIFICIAL INTELLIGENCE:
A. The nurse
remains accountable for decisions, actions, and intervention derived from or
involving artificial intelligence (AI) and is responsible for maintaining the
standards of RN practice.
B. AI shall be considered a
decision-support tool. It may augment,
but must not replace, the clinical reasoning and judgment of the RN.
C. The RN must demonstrate a basic
understanding of AI technologies they use and an awareness that there may be
inherent biases.
[16.12.16.13 NMAC - N, 1/1/2026]
16.12.16.14 NURSING
PRACTICE ADVISORY COMMITTEE: The board of nursing may appoint an
advisory committee to make recommendations to the board regarding nursing
practice.
A. The advisory committee shall review
practice questions as requested by the board.
B. The advisory committee may also be
directed by the board to develop frequently asked questions (FAQ) content and
guidance for the board website.
[16.12.16.14 NMAC - N, 1/1/2026]
16.12.16.15 EXPEDITED LICENSURE FOR MILITARY
SERVICE MEMBERS AND VETERANS:
A. The board will issue an expedited license to an
applicant who is a military service member or veteran based on prior licensure
in a jurisdiction other than New Mexico upon the applicant’s submission of a
complete application containing all of the following:
(1) a completed and signed application
form;
(2) proof of current licensure in another
jurisdiction;
(3) proof of good standing for the
applicant’s out of state license;
(4) submission of fingerprints and other
information necessary for a state and national background check; and
(5) Submission of the following
documentation:
(a) for military service member: a
copy of military orders;
(b) for spouse of military service
members: copy of military service member’s military orders, and copy of
marriage license;
(c) for spouses of deceased military service members: copy of decedent’s DD
214 and copy of marriage license;
(d) for dependent children of military service members: a copy of military
service member’s orders listing dependent child, or a copy of military orders
and one of the following: a copy of birth certificate, military service
member’s federal tax return or other governmental or judicial documentation
establishing dependency;
(e) for veterans (retired or separated): a copy of DD 214 showing proof of
honorable discharge.
B. An expedited license application
shall not be deemed complete until the applicant has submitted, and the board’s
staff is in receipt of all materials required by subsection A, including
documentation from third parties.
C. Upon submission of a complete
application, the board’s staff shall process the application according to
licensing protocol and issue the expedited license to the applicant within 30
days unless the applicant has a disqualifying criminal conviction or the board
may have other cause to deny the application pursuant to Section 61-3-28 NMSA
1978.
D. If the applicant has a disqualifying
criminal conviction or the board may have other cause to deny the application
pursuant to Section 61-3-28 NMSA 1978:
(1) the license may not be issued within
30 days of submission of the complete application;
(2) the matter of the applicant’s
application shall be submitted to the board for consideration and action at its
next available regular meeting; and
(3) the board may vote to grant the
application or refer the matter to its administrative prosecutor contemplating
the ultimate denial of the application as provided by the board’s rules.
E. Duration of expedited licenses:
(1) The first licensure period will be for up to one year from
the issuance of the license, with the expiration being correlated to the last
day of the applicant’s birth month, according to licensing processes. Continuing education will be prorated.
(2) The first renewal period will be for two years from the
date of the first expiration date of the first licensure period.
(3) A licensee holding an expedited
license may apply for license renewal in the manner provided by the board’s
rules. If the licensee holding an expedited license was not required by the
licensee’s original jurisdiction outside of New Mexico to pass the NCLEX, the
licensee shall be required to take and pass the NCLEX as a prerequisite to the
renewal of the expedited license.
(4) Upon renewal, an expedited license
shall become a regular single state license.
(5) If the military expedited licensure holder requests a
multistate RN or LPN license, all requirements of the nurse licensure compact
must be met, including completion of another background check. The fee for a multistate license will not be
waived.
F. Military service members and
veterans shall not pay, and the board shall not charge a licensing fee for the
first three years for a license issued pursuant to this rule.
[16.12.16.15 NMAC - N,
1/1/2026]
History of 16.12.16 NMAC -
[RESERVED]