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

   1. (1) is a registered nurse;
   2. (2) has successfully completed a nurse anesthesia education program accredited by the council on accreditation of nurse anesthesia educational programs; provided that, if the applicant is initially licensed by the board or a board in another licensing jurisdiction after January 1, 2001, the program shall be at a master's level or higher; and
   3. (3) is certified by the national board of certification and recertification for nurse anesthetists.
2. B. A certified registered nurse anesthetist may provide preoperative, intraoperative and postoperative anesthesia care and related services, including ordering of diagnostic tests, in accordance with the current guidelines for nurse anesthesia practice issued by the national professional association representing certified registered nurse anesthetists.
3. C. Certified registered nurse anesthetists shall function in either an independent role or in collaboration with other health care providers in accordance with the policies of a health care facility. As used in this subsection, "collaboration" means the process in which each health care provider contributes the health care provider's respective expertise. As used in this subsection, "independent role" means performing any action, including determining, preparing, administering or monitoring anesthesia care or anesthesia-related services, without the supervision of another health care provider.
4. D. A certified registered nurse anesthetist who has fulfilled the requirements for prescriptive authority in the area of anesthesia practice is authorized to prescribe and administer therapeutic measures, including dangerous drugs and controlled substances included in Schedules II through V of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] within the emergency procedures, perioperative care or perinatal care environments. Dangerous drugs and controlled substances, pursuant to 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] may be prescribed and administered.
5. E. A certified registered nurse anesthetist who has fulfilled the requirements for prescriptive authority in the area of anesthesia practice may prescribe in accordance with rules of the board. The board shall adopt rules concerning a prescriptive authority formulary for certified registered nurse anesthetists that shall be based on the scope of practice of certified registered nurse anesthetists. The board, in collaboration with the New Mexico medical board, shall develop the formulary. Certified registered nurse anesthetists who prescribe shall do so in accordance with the prescriptive authority formulary.
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 registered nurse anesthetist 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.
7. G. A health care facility may adopt policies relating to the providing of anesthesia care.
8. H. A certified registered nurse anesthetist licensed by the board shall maintain this certification with the national board of certification and recertification for nurse anesthetists.

History: 1978 Comp., § 61-3-23.3, enacted by Laws 1991, ch. 190, § 15; 1997, ch. 244, § 15; 2001, ch. 137, § 9; 2014, ch. 3, § 4; 2022, ch. 39, § 18; 2025, ch. 142, § 1.

ANNOTATIONS

Cross references. — For the New Mexico medical board, see 61-6-2 NMSA 1978 et seq.

For the Anesthesiologist Assistants Act, see 61-6-10.1 NMSA 1978 et seq.

The 2025 amendment, effective June 20, 2025, authorized certified registered nurse anesthetists to function in an independent role, and defined "independent role" for purposes of this section; in Subsection B, after "current" deleted "American association of nurse anesthetists", and after "nurse anesthesia practice" added "issued by the national professional association representing certified registered nurse anesthetists"; and in Subsection C, after "function in" added "either", after "an" added "independent", after "role" deleted "as a member of a health care team in which the medical care of the patient is directed by a licensed physician, osteopathic physician, dentist or podiatrist licensed in New Mexico pursuant to the Dental Health Care Act, the Medical Practice Act or the Podiatry Act. The certified registered nurse anesthetist shall collaborate with the licensed physician, osteopathic physician, dentist or podiatrist concerning the anesthesia care of the patient" and added "or in collaboration with other health care providers in accordance with the policies of a health care facility", and after "expertise", deleted "Collaboration includes systematic formal planning and evaluation between the health care professional involved in the collaborative practice arrangement." and added "As used in this subsection, 'independent role' means performing any action, including determining, preparing, administering or monitoring anesthesia care or anesthesia-related services, without the supervision of another health care provider.".

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 registered nurse anesthetist 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; in Subsection A, Paragraph A(2), after "nurse anesthesia", deleted "education" and added "educational", and after "a board in another", added "licensing", and in Paragraph A(3), after "certified by the", deleted "council on" and added "national board of"; in Subsection C, after "in New Mexico pursuant to", deleted "Chapter 61, Article 5A, 6, 8 or 10 NMSA 1978" and added "the Dental Health Care Act, the Medical Practice Act or the Podiatry Act"; in Subsection E, after "in accordance with rules", deleted "regulations and guidelines" and added "of the board"; deleted former Subsection F and added a new Subsection F; and in Subsection H, after "shall maintain this certification with the", deleted "American association of nurse anesthetists' council on" and added "national board of", and after "certification", added "and recertification for nurse anesthetists".

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; in Subsection A, substituted "council on the accreditation of nurse anesthesia education programs" for "American association of nurse anesthetists' council on accreditation" in Paragraph (2) and substituted "council on certification of nurse anesthetists" for "American association of nurse anesthetists" in Paragraph (3); inserted "including ordering of diagnostic tests" in Subsection B; rewrote Subsection C; and added Subsections D through G.

The 1997 amendment, effective June 20, 1997, substituted "licensure" for "endorsement" in the section heading, substituted "may license for advanced" for "may endorse for expanded" at the beginning of Subsection A, rewrote Paragraph A(2), substituted "Chapter 61, Article 5A" for "Chapter 60, Article 5", and made minor stylistic changes in Subsection C.

Interdependent relationship. — Nurse anesthetist held to be an independent contractor and not a federal employee under contract and this section which provides that the relationship between the physician and the certified registered nurse anesthetist to one that is now characterized as interdependent. Garcia v. Reed, 227 F. Supp. 2d 1183 (D.N.M. 2002).

Requirement on physician. — This section does not require that the physician "supervise" or be "present" during a procedure administered by the certified registered nurse anesthetist. Garcia v. Reed, 227 F. Supp. 2d 1183 (D.N.M. 2002).