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.

History: 1953 Comp., § 67-2-25, enacted by Laws 1968, ch. 44, § 25; 1977, ch. 220, § 19; 1985, ch. 67, § 7; 1990, ch. 112, § 1; 1991, ch. 190, § 20; 1991, ch. 209, § 2; 1995, ch. 117, § 2; 1997, ch. 244, § 18; 2003, ch. 276, § 11; 2005, ch. 303, § 2; 2005, ch. 307, § 8.

2005 Multiple Amendments. — Laws 2005, ch. 303, § 2 and Laws 2005, ch. 307, § 8 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2005, ch. 307, § 8, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2005, ch. 303, § 2 and Laws 2005, ch. 307, § 8 are described below. To view the session laws in their entirety, see the 2005 session laws on NMOneSource.com.

Laws 2005, ch. 307, § 8, effective April 7, 2005, in Subsection D, deleted "legally licensed" and added "licensed in"; in Subsection E, after "government" deleted "or any bureau, division or agency thereof"; and deleted former Subsection K, which provided that the Nursing Practice Act does not apply to medication aides working in licensed intermediate care facilities for the mentally retarded who are participating in the developmentally disabled medicaid waiver program, who have completed an approved training program and who are certified to administer routine oral medications.

Laws 2005, ch. 303, § 2, effective April 7, 2005, deleted former Subsection K.

The 2003 amendment, effective June 20, 2003, in Subsection D, substituted "patient" for "citizen of this state" following "to transport a" and substituted "if" for "provided that" following "in this state".

The 1997 amendment, effective June 20, 1997, substituted "transport a citizen of this state or who is a camp nurse who accompanies and cares" for "accompany and care" and "nurse's practice in this state" for "temporary residence" in Subsection D, and substituted "pursuant to" for "under" near the end of Subsections G and H.

The 1995 amendment, effective July 1, 1995, in Subsection K, inserted "working", inserted "or serving persons who are participating the developmentally disabled medicaid waiver program and", substituted "have completed" for "complete", and substituted "which may" for "which could".

The 1991 amendment, effective July 1, 1991, added Subsection K and made related stylistic changes. This section was also amended by Laws 1991, ch. 190, § 20, effective June 14, 1991. The section was set out as amended by Laws 1991, ch. 209, § 2. See 12-1-8 NMSA 1978.

The 1990 amendment, effective May 16, 1990, added Subsection J.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Midwifery: state regulation, 59 A.L.R.4th 929.

70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 5, 13.