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.

1. A. Prerequisites for licensure of RNs and LPNs by examination in New Mexico.

   1. (1) Completion of and eligible for graduation from a board approved course of study for the preparation of registered nurses or practical nurses, or an acceptable level of education as determined by the board or graduation from a program which is equivalent to an approved program of nursing in the United States:

      1. (a) minimum acceptable level of education for LPN licensure by examination and for candidates enrolled in RN programs with LPN programs embedded include:

         1. (i) minimum of 500 hours, 250 didactic, 250 (clinical and lab) which includes the minimum as follows; OB/Peds - 30 hours didactic/40 hours clinical; medical-surgical - 60 hours didactic/ 90 hours clinical; pharmacology - 45 hours didactic; and psych - 60 contact hours;
         2. (ii) LPN transition course approved by the board.

      2. (b) request to New Mexico board of nursing for LPN licensure examination by acceptable level of education from an approved program of nursing that does not offer a PN program must include:

         1. (i) transcripts with a minimum of 500 hours in nursing education and proof of successful completion of a board approved LPN transition course;
         2. (ii) written communication from the director of the approved nursing program requesting permission for nursing students to test for LPN licensure.

      3. (c) certification of eligibility for LPN licensure examination by students enrolled in a nursing program with a LPN track will need to include:

         1. (i) transcripts with a minimum of 500 hours in nursing education and a board approved LPN transition course passed successfully on completion of board approved LPN transition course;
         2. (ii) written communication from the director of the approved nursing program requesting permission for nursing students to test for LPN licensure.

   2. (2) RN and PN graduates from non-U.S. nursing programs:

      1. (a) shall have an evaluation of their nursing education credentials sent to the board directly from a board recognized educational credentialing agency;

         1. (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;
         2. (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;
         3. (iii) the credentialing agency must manage the translation of original documents into English;
         4. (iv) the credentialing agency will inform the board of nursing in the event of fraudulent documents;
         5. (v) the credentials report must state the language of nursing instruction and language of textbooks for nursing education; and
         6. (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.
         7. (vii) the executive director and the board reserve the right to not recognize an educational credentialing agency that does not meet these requirements.
      2. (b) Puerto Rico applicants who are graduates of a program accredited by a US national nursing accreditation organization registered nurse program are eligible to sit national council licensure examination for registered nurses (NCLEX-RN) exam;

      3. (c) successful completion of a board approved English competency examinations with the following conditions:

         1. (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;
         2. (ii) completion of a nursing program given in English in another country;
         3. (iii) a passing score on a nursing licensure examination which is given in English.
   3. (3) Completion of the required board of nursing application for licensure by examination according to instructions and including the required fee.
   4. (4) Completion of NCLEX application for the testing service according to instructions.
   5. (5) 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.

   6. (6) The board shall not approve an application for a license until the applicant provides the following information:

      1. (a) demographics, including race, ethnicity and primary and other languages spoken;
      2. (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;
      3. (c) education, training and primary and secondary specialties;
      4. (d) average hours worked per week and the average number of weeks worked per year in the licensed profession;
      5. (e) percentage of practice engaged in direct patient care and in other activities, such as teaching, research and administration in the licensed profession;
      6. (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.

2. 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. (1) Applicants will follow the criminal background check process required by the New Mexico department of public safety or its agent.
   2. (2) Applications for exam or endorsement will not be processed without results of a criminal background check.
   3. (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.
3. 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 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.
4. 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.
5. E. An initial license shall be valid until the last day of the applicants’ birth month after the first anniversary of the initial license.
6. F. Applications containing fraudulent or misrepresented information could be the basis for denial or revocation of licensure.
7. 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.

8. 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. (1) To be eligible for a permit-to-practice, the applicant must:

      1. (a) complete the application process to take the NCLEX within 12 weeks of graduation; the permit to practice for RN and PN 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;
      2. (b) RN and PN 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 (2) of Subsection A of 16.12.2.9 NMAC;
      3. (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;
      4. (d) have an approved criminal background check results.
   2. (2) Permits-to-practice cannot be transferred or renewed.
   3. (3) Written notification from employer must be made to the board office in case of lost or stolen permit-to-practice.

   4. (4) Permits-to-practice shall be valid until the examination results are disseminated but shall not exceed the expiration date on the permit.

      1. (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.
      2. (b) Any applicant who is eligible to write the professional 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 professional registered nurse examination.
      3. (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. (5) Candidates who were not successful on the national licensure examination will receive the results as soon as they are available.
   6. (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.

9. I. Direct supervision for graduate permit holders:

   1. (1) at a minimum, the RN responsible for direct supervision must be in the facility or on the unit with the graduate;
   2. (2) the RN is responsible for observing, directing and evaluating the performance of the graduate;
   3. (3) the RN supervisor must not be engaged in other activities that would prevent them from providing direct supervision.

10. J. NCLEX attempt limits:

    1. (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. (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.

       1. (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 in the within the last four years.
       2. (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.

11. (3) The applicant must wait 45 days to retest after failing the exam.

    1. (4) Applicants for re-examination must meet all NCLEX requirements for retaking the examination.
    2. (5) Education requirements must be met as specified and do not provide or allow for any test out options.

12. K. National council licensing examination:

    1. (1) Applicants for licensure as registered nurses shall be required to pass the NCLEX-RN.
    2. (2) Applicants for licensure as licensed practical nurses shall be required to pass the NCLEX-PN.
    3. (3) Applicants observed giving or receiving unauthorized assistance during the taking of the national licensing examination shall be referred to the board by a sworn complaint.

13. L. Expedited licensure for registered nurses and licensed practical nurses:

    1. (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:

       1. (a) a completed and signed application form;
       2. (b) proof of current licensure in an eligible jurisdiction;
       3. (c) proof of good standing for the license held by the applicant in an eligible jurisdiction;
       4. (d) submission of fingerprints and other information necessary for a state and national background check; and
       5. (e) payment of the required application fee.
    2. (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 16.12.2.9 NMAC including documentation from third parties.
    3. (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. (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:

       1. (a) the license may not be issued within 30 days of submission of the complete application;
       2. (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
       3. (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. (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. (6) Renewal of licenses:

       1. (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;
       2. (b) upon renewal, an expedited license shall become a regular single-state license;
       3. (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. (7) Eligible and ineligible jurisdictions:

       1. (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.
       2. (b) the board will accept expedited license applications on the basis of prior licensure in the following jurisdictions outside the United States: Canada.

14. M. Qualifications for licensure as a RN or LPN are pursuant to the Nursing Practice Act:

    1. (1) LPN applicants initially licensed after July 1, 1969 must meet the educational requirements.
    2. (2) Military personnel, licensed as LPNs by successful writing of the national licensing examination prior to July 1, 1977, may be licensed in New Mexico by endorsement providing their DD-214 shows the related civilian occupation to be “LPN”.
    3. (3) 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.
    4. (4) 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.
15. N. An initial license shall be valid until the last day of the applicants’ birth month after the first anniversary of the initial license.
16. O. If the licensure process is not completed within one year after date application received by the board, the application becomes null and void.
17. P. In case of a medical emergency (as defined in these rules), nurses currently licensed to practice as a RN or LPN 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.

18. 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. (1) Licensed nurses shall be required to complete the renewal process by the end of their renewal month every two years.

    2. (2) A renewal notice shall be sent electronic notification to the licensee at least six weeks prior to the end of the renewal month.

       1. (a) Renewal of license may be accepted no more than 60 days prior to the expiration date of the license.

       2. (b) The board shall not approve an application for a renewal of license until the applicant provides the following information:

          1. (i) demographics, including race, ethnicity and primary and other languages spoken;
          2. (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;
          3. (iii) education, training and primary and secondary specialties;
          4. (iv) average hours worked per week and the average number of weeks worked per year in the licensed profession;
          5. (v) percentage of practice engaged in direct patient care and in other activities, such as teaching, research and administration in the licensed profession;
          6. (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.
       3. (c) Failure to receive notice of pending renewal shall not relieve the licensee of the responsibility of renewing the license by the expiration date.
       4. (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.
       5. (e) A reactivation fee will be charged when license has lapsed.
       6. (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. (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.

       1. (a) Certified nurse practitioners must submit a copy of valid APRN national certification.
       2. (b) Certified registered nurse anesthetists must submit a copy of the recertification card issued by NBCRNA for renewal of the CRNA license.
       3. (c) Clinical nurse specialist must submit a copy of valid APRN national certification.
       4. (d) 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. (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. (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. (6) Licenses can be verified on the board website or www.nursys.com.

    7. (7) 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.

       1. (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.
       2. (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.
       3. (c) Advanced practice nurses who are reactivating an advanced practice license which has been lapsed for four or more years must also complete a refresher course or certification reactivation that is reflective of their specific advanced practice knowledge, skills and expertise. A temporary license will be issued not to exceed one year unless board of nursing approves an extension.
19. 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 up to two years.
20. 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.
21. 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.

[16.12.2.9 NMAC - Rp, 16.12.2.10 NMAC, 12/13/2022, A; 5/21/2024]