N.M. Code R. § 16.12.2.12 - ADVANCED PRACTICE REGISTERED NURSE (APRN) CERTIFIED NURSE PRACTITIONER (CNP)
A. Requirements
for licensure of nurse practitioners:
(1) Hold
a current, unencumbered RN license from New Mexico or hold a compact
multi-state RN license.
(2)
Successfully complete a graduate level nursing program designed for the
education and preparation of nurse practitioners as providers of primary, or
acute, or chronic, or long-term, or end of life health care.
(a) The program must be offered through an
accredited institution of higher education or through the armed
services.
(b) If the applicant is
initially licensed by any board of nursing including the New Mexico board of
nursing after January 1, 2001 the program must be at the master's in nursing
level or higher. Applicants who do not hold a master's level or higher degree
from a nurse practitioner program and were initially licensed by any board
before January 1, 2001, must provide verification of NP licensure.
(c) The educational documentation shall
verify the date of graduation, credentials conferred and number of supervised
clinical hours as a nurse practitioner in the education program.
(d) The educational documents must reflect
successful completion of graduate degree courses.
(e) Additional population foci can be added
with transcripts from an accredited institution and a current national nurse
practitioner certification.
(f)
Multiple national certifications will be maintained under a single APRN
license.
(3) Provide
evidence of successful accomplishment of national certification as a nurse
practitioner. Only national certification based on competency examination will
be accepted for the APRN licensure.
(4) It is the responsibility of the applicant
to provide documented evidence of their qualifications for licensure.
(5) Applicants who meet the minimum didactic
and pharmacology requirements, but lack the required preceptorship, may be
considered for licensure in New Mexico if the applicant provides satisfactory
evidence of two years nurse practitioner experience in another
jurisdiction.
(6) Nurse
practitioners who will be requesting prescriptive authority must also comply
with the requirements for prescriptive authority as outlined in these
rules.
B. Procedure for
licensure as a graduate nurse practitioner. The applicant seeking licensure as
a nurse practitioner shall be responsible for providing proof of meeting the
requirements for licensure.
(1) The applicant
shall complete the New Mexico nurse practitioner licensure application and
submit it along with all required documents in accordance with the
instructions.
(2) Upon acceptance
of the completed application and receipt of all required supporting documents,
the file is reviewed for qualifications and compliance with the
requirements.
(3) Applicants who do
not meet the requirements for licensure may request or be requested to meet
with the board or its designee.
(4)
Nurse practitioners are not eligible to practice in New Mexico as a certified
nurse practitioner until so licensed in accordance with the licensure
procedures.
(5) The board may
appoint nurse practitioners to the advanced practice committee. These nurse
practitioners will provide advice regarding licensure and practice of nurse
practitioners.
C.
Graduate nurse practitioners (GNP) permit-to-practice may be issued, upon
written request, provided all requirements have been met except national
nursing certification.
(1) GNPs must practice
under the direct supervision of a physician or New Mexico Certified Nurse
Practitioner (NCP) or Certified Nurse Specialist (CNS) in the
specialty.
(2) GNPs may prescribe
medications only under the direct supervision of a licensed CNP, CNS or a
physician, in compliance with these rules. GNPs must fulfill the requirements
in this section to prescribe controlled substances.
(3) GNP permits will be issued to the
employer.
(4) A letter of
verification of intent to employ, on official letterhead including the name of
the practice supervisor and the name of the prescription supervisor, is
required from each employer. Upon change in employment, the new employer must
send the board a letter of intent to employ. The board will then issue a permit
to practice at the new place of employment. The permit will be issued directly
to the new employing agency.
(5)
The name of the employment institution and the name(s) of the supervisor(s)
shall be indicated on the GNP permit.
(6) GNP permits cannot be transferred or
renewed.
(7) GNP permits expire on
the date specified on the permit. Permits shall be valid not to exceed six
months after the date of the national certifying examination. Those who fail
the national certifying examination are rendered ineligible to practice as a
GNP. It is the responsibility of the GNP to request that the national
certifying organization notify the board of nursing of the results of the
examination.
D. An
initial license to practice as a CNP shall be issued only after receipt by the
board of proof of national certification. Such proof must be submitted to the
board directly from the certifying agency prior to the expiration of the permit
or temporary license.
E. Expedited
licensure for CNP's:
(1) 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 E of 16.12.2.12 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) Renewal of
expedited 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.
(6)
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:
(i) Michigan, on the grounds that this
jurisdiction does not participate in the coordinated licensure system for the
purposes of discipline; and
(ii)
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.
F. Qualifications for licensure as CNP are
pursuant to the Nursing Practice Act:
(1)
Refer to Subsection A of 16.12.2.12 NMAC for licensure requirements.
(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.
G. An initial nurse practitioner license
shall be valid until the last day of the applicant's birth month after the
first anniversary of the initial license. For nurses from compact states, an NM
advanced practice license will be issued with the same expiration date as the
RN compact license. A letter of authorization will be issued to NPs who have RN
multi-state licensure privileges from another nurse licensure compact state.
Official verification to practice is located on the board website.
H. If the licensure process is not completed,
the application becomes null and void twelve months after the date of
application being received at the board.
I. Authorization to expand scope of practice
or who need recertification.
(1) A letter of
authorization will be issued for the CNPs who through additional formal
education have expanded their practice into another area of NP practice or who
need practice hours to recertify provided all requirements have been met except
national certification.
(2) A
letter of verification of intent to provide a preceptorship, on official
letterhead including the name of the practice preceptor and the name of the
prescription preceptor must be submitted to the board of nursing.
(3) Practice must be under the direct
supervision of a physician or licensed New Mexico CNP or CNS in the
specialty.
(4) Prescribing may be
done only under the direct supervision of a licensed CNP or CNS or a physician
in compliance with these rules.
(5)
A letter of authorization will be issued to the preceptor.
(6) A letter of authorization cannot be
transferred, renewed or a duplicate issued.
(7) A letter of authorization will expire on
the date specified.
(a) A letter of
authorization shall be valid not to exceed six months after the date of the
national certifying examination. Those who fail the national certifying
examination are rendered ineligible to practice in that area. It is the
responsibility of the CNP to request that the national certifying organization
notify the board of the results of the examination. A letter of authorization
may be valid for a period not to exceed two years.
(b) A letter of authorization shall be valid
for six months for those applicants recertifying.
(c) A letter of authorization shall be issued
for the prescriptive authority preceptorship. This letter will only be valid
for the duration of the preceptorship expansion of scope of practice or
recertification required hours of practice.
J. Maintaining licensure as a nurse
practitioner:
(1) National certification: NPs
must maintain national certification. A copy of the specialty
certification/recertification card shall be presented at the time of each
subsequent renewal. Nurse practitioners licensed by the NM board, after
December 2, 1985 are required to be nationally certified in their
specialty.
(2) Continuing
education:
(a) A CNP with DEA registration at
any time during their most recent renewal period shall obtain five contact
hours in the management of non-cancer pain, in addition to submitting a valid
national certification as an APRN.
(b) A CNP without DEA must submit a valid
national certification as an APRN.
K. Reactivation: To reactivate or reinstate
licensure as a nurse practitioner, the nurse must provide evidence of meeting
the CE requirements.
(1) NPs licensed by the
board after December 2, 1985 must also provide evidence of current national
certification.
(2) CNPs 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 knowledge skills and expertise. A temporary license
will be issued not to exceed one year, unless the board of nursing approves an
extension.
L. Nurse
practitioner practice:
(1) The CNP makes
independent decisions regarding the health care needs of the client and also
makes independent decisions in carrying out health care regimens.
(2) The CNP provides primary or acute, or
chronic, or long-term, or end of life health care to meet the health care needs
of individuals, families and communities in any health care setting.
(3) The CNP may assume specific functions or
perform specific procedures which are beyond the advanced educational
preparation and certification for the CNP provided the knowledge and skills
required to perform the function or procedure emanates from a recognized body
of knowledge or advanced practice of nursing and the function or procedure is
not prohibited by any law or statute. When assuming specific functions and
performing specific procedures, which are beyond the CNP's advanced educational
preparation and certification, the CNP is responsible for obtaining the
appropriate knowledge, skills, and supervision to ensure he/she can perform the
function/procedure safely and competently and recognize and respond to any
complications that may arise.
(4)
The CNP collaborates as necessary with other healthcare providers.
Collaboration includes discussion of diagnosis and cooperation in managing and
delivering healthcare.
(5) CNPs who
have fulfilled requirements for prescriptive authority may prescribe and
distribute dangerous drugs including controlled substances contained in
Schedules II through V of the Controlled Substances Act within their clinical
specialty and practice setting.
(a)
Requirements for prescriptive authority: In accordance with applicable state
and federal laws, the CNP who fulfills the following requirements may prescribe
and distribute dangerous drugs including controlled substances included in
Schedules II through V of the Controlled Substance Act.
(i) Verifies 400 hours of work experience in
which prescribing dangerous drugs has occurred within the two years immediately
preceding the date of the application. Individuals who have not fulfilled this
requirement must provide documentation of successful completion of 400 hours of
prescribing dangerous drugs in a preceptorship with a licensed CNP, CNS or
physician. The preceptorship must be completed within six months and a letter
of authorization will be issued for the duration of the
preceptorship.
(ii) In order to
prescribe controlled substances, the CNP must provide the board of nursing with
verification of current state-controlled substances registration and current
DEA number, unless the CNP has met registration waiver criteria from the New
Mexico board of pharmacy as provided under Subsection I of 16.19.20.8 NMAC.
CNPs may not possess, prescribe or distribute controlled substances until they
have both a current state-controlled substances registration and a current DEA
registration.
(iii) Once
prescriptive authority requirements are met, the board will notify the board of
pharmacy of completion of prescriptive authority requirements.
(b) Formulary: It is the CNP's
responsibility to maintain a formulary of dangerous drugs and controlled
substances that may be prescribed with each renewal; the only drugs to be
included in the formulary are those relevant to the CNP's specialty and
practice setting. The board of nursing reserves the right to audit the
formulary of the CNP. Licensees may be subject to disciplinary action by the
board of nursing if non-compliant with the audit.
(c) Prescription records: written, verbal or
electronic prescriptions and orders will comply with state board of pharmacy
and federal requirements. All prescriptions will include the name, title,
address, and phone number of the prescribing advanced practice registered
nurse.
(d) Distributing: CNPs, who
have fulfilled requirements for prescriptive authority as stated in these
rules, and defined by the board of pharmacy may distribute to their patients
dangerous drugs including controlled substances contained in Schedules II
through V of the Controlled Substances Act, which have been prepared, packaged,
or fabricated by the registered pharmacist or doses which have been
pre-packaged by a pharmaceutical manufacturer in accordance with the Pharmacy
Act Section 61-11-12 NMSA 1978 and the Drug, Device and Cosmetic Act for the
benefit of the public good.
(e)
Labeling: CNPs may label only those drugs which the CNP prescribes and
distributes to patients under the CNP's care. The medication shall be properly
labeled with the patient's name, date of issue, drug name and strength,
instructions for use, drug expiration date, number dispensed and name, address,
and telephone number of the CNP. Labeling may be handwritten, or a pre-printed
fill-in label may be used. All information shall be properly documented in the
patient record.
(f) CNPs who do not
plan to prescribe controlled substances but do plan to prescribe dangerous
drugs must meet the requirements relative to prescriptive authority except
those specifically required for controlled substances.
(g) CNPs may prescribe, provide samples of,
and dispense any dangerous drug to a patient where there is a valid
practitioner-patient relationship as defined in 16.12.2.7 NMAC.
(6) Graduate nurse practitioner
(GNP) practice:
(a) GNPs may not distribute
medications.
(b) GNPs may practice
or prescribe medications only under the direct supervision of a licensed CNP,
CNS or physician in the specialty.
(7) To ensure competency and safe practice in
specific regard to prescription writing practices in the state of NM:
(a) a list of current CNPs and their status
with regard to prescription writing shall be distributed at least annually and
upon request to the board of pharmacy;
(b) violation of these rules or disciplinary
action taken by the board of nursing with regard to controlled substances shall
be reported to the board of pharmacy;
(c) the board of nursing shall appoint
qualified CNPs in each specialty to serve on the board of pharmacy disciplinary
panel as requested by the board of pharmacy.
M. Supervision of psychologists in the
prescribing of psychotropic medication by a certified nurse practitioner,
pursuant to Section 61-3-23.5 NMSA 1978 and the Professional Psychologist Act
(Section 61-9-1 et. seq. NMSA 1978).
(1) A CNP
may provide supervision to a psychologists in the prescribing of psychotropic
medication provided the CNP:
(a) holds a
valid, unencumbered NM license as a CNP;
(b) holds a national certification as a
psychiatric-mental health nurse practitioner. An individual who holds a
certification as a CNP conferred by a national nursing certification
organization that is not an approved certification listed above may petition
the board and request approval of the certification. The board shall review the
petition and determine whether the certification and the petitioner's clinical
practice experience sufficiently substantiate adequate education, didactic and
clinical preparedness, and other factors that establish competency. The
decision of the board is discretionary and shall not be subject to review or
binding on any future petition.
(c)
has a minimum of two years of experience prescribing as a psychiatric-mental
health nurse practitioner
(d) is
not currently participating in any board of nursing's alternative to discipline
program, diversion program;
(e) is
able to meet all requirements to serve as an independently licensed prescribing
clinician as laid out in the Professional Psychologist Act (Section 61-9 NMSA
1978) and 16.22 NMAC; and
(f)
performing the supervision is within the scope of practice of the
CNP.
(2) Reporting
obligations to the New Mexico board of nursing by a CNP providing supervision
to a psychologist in the prescribing of psychotropic medication:
(a) within 15 days of entering into the
supervising relationship with each psychologist being supervised. The
notification shall consist of:
(i) the name
and license number of the psychologist;
(ii) the date of entry into the supervising
relationship;
(iii) the anticipated
end of the supervising relationship.
(b) within 15 days of severing the
supervisory relationship with a psychologist. The notification shall consist
of:
(i) the name and license number of the
psychologist;
(ii) the date of the
end of the supervising relationship.
(3) A CNP who provides supervision to a
psychologist in the prescribing of psychotropic medication must follow the
Professional Psychologist Act (Section 61-9 NMSA 1978) and rules promulgated by
the New Mexico board of psychologist examiners.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.