1. A. The board may license for advanced practice as a certified nurse practitioner an applicant who furnishes evidence satisfactory to the board that the applicant:

   1. (1) is a registered nurse;
   2. (2) has successfully completed a program for the education and preparation of nurse practitioners; provided that, if the applicant is initially licensed by the board or a board in another jurisdiction after January 1, 2001, the program shall be at the master's level or higher;
   3. (3) has successfully completed the national certifying examination in the applicant's specialty area; and
   4. (4) is certified by a national nursing organization.

2. B. Certified nurse practitioners may:

   1. (1) perform an advanced practice that is beyond the scope of practice of professional registered nursing;
   2. (2) practice independently and make decisions regarding health care needs of the individual, family or community and carry out health regimens, including the prescription and distribution of dangerous drugs and controlled substances included in Schedules II through V of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978]; and
   3. (3) serve as a primary, acute, chronic, long-term and end-of-life health care provider and, as necessary, collaborate with licensed medical doctors, osteopathic physicians or podiatric physicians.
3. C. Certified nurse practitioners who have fulfilled requirements for prescriptive authority may prescribe in accordance with rules promulgated by the board.
4. D. Certified nurse practitioners who have fulfilled requirements for prescriptive authority may distribute to their patients dangerous drugs and controlled substances included in Schedules II through V of the Controlled Substances Act that have been prepared, packaged or fabricated by a registered pharmacist or doses of drugs that have been prepackaged by a pharmaceutical manufacturer in accordance with the Pharmacy Act [Chapter 61, Article 11 NMSA 1978] and the New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978].
5. E. Certified nurse practitioners licensed by the board on and after December 2, 1985 shall successfully complete a national certifying examination and shall maintain national professional certification in their specialty area. Certified nurse practitioners licensed by a board prior to December 2, 1985 are not required to sit for a national certification examination or be certified by a national organization.
6. F. The board shall issue an expedited license to an applicant without an examination if the person has been duly licensed as a certified nurse practitioner in another licensing jurisdiction and is in good standing with the licensing board in that licensing jurisdiction. The board shall expedite the issuance of the license in accordance with Section 61-1-31.1 NMSA 1978 within thirty days. If the board issues an expedited license to a person whose prior licensing jurisdiction did not require examination, the board may require that person to pass an examination before applying for license renewal. An applicant licensed under the laws of a territory or foreign country shall demonstrate proficiency in English.

History: 1978 Comp., § 61-3-23.2, enacted by Laws 1991, ch. 190, § 14; 1993, ch. 61, § 5; 1997, ch. 244, § 14; 2001, ch. 137, § 8; 2014, ch. 3, § 3; 2022, ch. 39, § 17; 2025, ch. 101, § 8.

ANNOTATIONS

Cross references. — For drug prescriptive, distributing and administering authority of certified nurse midwives, see 24-1-4.1 NMSA 1978.

The 2025 amendment, effective June 20, 2025, specified that certified nurse practitioners who have fulfilled requirements for prescriptive authority may prescribe in accordance with rules promulgated by the board of nursing only, and made technical amendments; in Subsection B, Paragraph B(3), substituted "podiatrists" with "podiatric physicians"; and in Subsection C, after "in accordance with rules" deleted "guidelines and formularies for individual certified nurse practitioners".

The 2022 amendment, effective May 18, 2022, revised provisions related to expedited licensure, provided that the board of nursing shall issue an expedited license to an applicant without an examination if the person has been duly licensed as a certified nurse practitioner in another licensing jurisdiction and is in good standing with the licensing board in that licensing jurisdiction, provided that the board of nursing shall expedite the issuance of licenses in accordance with Section 61-1-31.1 NMSA 1978 within thirty days, provided that if the board of nursing issues an expedited license to a person whose prior licensing jurisdiction did not require examination, the board may require the person to pass an examination before applying for license renewal, and provided that an applicant licensed under the laws of a territory or foreign country shall demonstrate proficiency in English; and deleted former Subsection F and added a new Subsection F.

Temporary provisions. — Laws 2022, ch. 39, § 104 provided that a board that is required by Laws 2022, ch. 39 to change its licensing provisions to allow for new or different expedited licensure shall have rules in place and operational by January 1, 2023.

The 2014 amendment, effective July 1, 2014, provided for the expedited licensure for nurses licensed in other states; in the catchline, added "expedited licensure"; and added Subsection F.

The 2001 amendment, effective June 15, 2001, inserted "endorsement" in the section heading; deleted "graduate" preceding "program" in Paragraph A(2); in Subsection B, substituted "practice independently and make decisions" for "make independent decisions" in Paragraph (2) and added Paragraph (3); and in Subsection C, deleted the final sentence, which defined "prescriptive authority".

The 1997 amendment, effective June 20, 1997, added the proviso at the end of Subsection A(2), substituted "prescriptive authority" for "prescribing drugs" near the beginning of Subsection D, inserted "national professional" preceding "certification" near the end of the first sentence in Subsection E, substituted "advanced" for "expanded" and "licensed" for "endorsed" throughout the section, and made minor stylistic changes.

The 1993 amendment, effective June 18, 1993, rewrote Subsections B and C; substituted "including controlled substances included in Schedules II through V of" for "other than controlled substances as defined in" and deleted "unit" preceding "doses of drugs" in Subsection D; and deleted former Subsection F, defining "collaboration".