2020 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 3 - Nursing
Section 61-3-30 - Violations; penalties.
It is a misdemeanor for a person, firm, association or corporation to:
A. sell, fraudulently obtain or furnish a nursing diploma, license, examination or record or to aid or abet therein;
B. practice professional nursing as defined by the Nursing Practice Act unless exempted or duly licensed to do so pursuant to the provisions of that act;
C. practice licensed practical nursing as defined by the Nursing Practice Act unless exempted or duly licensed to do so pursuant to the provisions of that act;
D. use in connection with his name a designation tending to imply that such person is a registered nurse or a licensed practical nurse unless duly licensed pursuant to the provisions of the Nursing Practice Act;
E. conduct a school of nursing or a course for the education of professional or licensed practical nurses for licensing unless the school or course has been approved by the board;
F. practice nursing after the person's license has lapsed or been suspended or revoked. Such person shall be considered an illegal practitioner;
G. employ unlicensed persons to practice as registered nurses or as licensed practical nurses;
H. practice or employ a person to practice as a certified registered nurse anesthetist, certified nurse practitioner or clinical nurse specialist unless endorsed as a certified registered nurse anesthetist, certified nurse practitioner or clinical nurse specialist pursuant to the Nursing Practice Act;
I. employ as a certified hemodialysis technician or certified medication aide an unlicensed person without a certificate from the board to practice as a certified hemodialysis technician or certified medication aide; or
J. otherwise violate a provision of the Nursing Practice Act.
The board shall assist the proper legal authorities in the prosecution of all persons who violate a provision of the Nursing Practice Act. In prosecutions under the Nursing Practice Act, it shall not be necessary to prove a general course of conduct. Proof of a single act, a single holding out or a single attempt constitutes a violation, and, upon conviction, such person shall be sentenced to be imprisoned in the county jail for a definite term not to exceed one year or to the payment of a fine of not more than one thousand dollars ($1,000) or both.
History: 1953 Comp., § 67-2-26, enacted by Laws 1968, ch. 44, § 26; 1977, ch. 220, § 20; 1985, ch. 67, § 8; 1991, ch. 190, § 22; 2001, ch. 137, § 13; 2005, ch. 307, § 9.
ANNOTATIONSThe 2005 amendment, effective April 7, 2005, added Subsection I to provide that it is a misdemeanor to employ as a certified hemodialysis technician or certified medication aide an unlicensed person without a certificate from the board.
The 2001 amendment, effective June 15, 2001, made stylistic changes throughout the section.
The 1991 amendment, effective June 14, 1991, added Subsection H; redesignated former Subsection H as Subsection I and made a related stylistic change in Subsection G; and made minor stylistic changes in Subsections C and E.
