2009 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses.
Article 3 - Nursing
Section 61-3-29 - Exceptions.

61-3-29. Exceptions.

The Nursing Practice Act shall not apply to or affect:

A.     gratuitous nursing by friends or members of the family;

B.     nursing assistance in case of emergencies;

C.     nursing by students when enrolled in approved schools of nursing or approved courses for the education of professional or practical nurses when such nursing is part of the educational program;

D.     nursing in this state by a nurse licensed in another state whose employment requires the nurse to transport a patient or who is a camp nurse who accompanies and cares for a patient temporarily residing in this state if the nurse's practice in this state does not exceed three months and the nurse does not claim to be licensed in this state;

E.     nursing in this state by a person employed by the United States government, while in the discharge of the person's official duties;

F.     the practice of midwifery by a person other than a registered nurse who is certified or licensed in this state to practice midwifery;

G.     a person working as a home health aide, unless performing acts defined as professional nursing or practical nursing pursuant to the Nursing Practice Act;

H.     a nursing aide or orderly, unless performing acts defined as professional nursing or practical nursing pursuant to the Nursing Practice Act;

I.     a registered nurse holding a current license in another jurisdiction who is enrolled in a professional course requiring nursing practice as a part of the educational program; or

J.     performance by a personal care provider in a noninstitutional setting of bowel and bladder assistance for an individual whom a health care provider certifies is stable, not currently in need of medical care and able to communicate and assess the individual's own needs.