It is unlawful for any person, other than a person licensed in New Mexico to practice medicine, osteopathy or dentistry or a currently licensed certified registered nurse anesthetist, to administer anesthetics to any person. Nothing in this section prohibits a person currently licensed pursuant to the Nursing Practice Act from using hypnosis or from administering local anesthetics or moderate sedation.

History: 1953 Comp., § 67-2-4.1, enacted by Laws 1973, ch. 149, § 2; 1979, ch. 379, § 2; 1985, ch. 67, § 3; 1991, ch. 190, § 4; 1997, ch. 244, § 5; 2005, ch. 307, § 2.

The 2005 amendment, effective April 7, 2005, changed "conscious sedation" to "moderate sedation".

The 1997 amendment, effective June 20, 1997, inserted "licensed" near the end of the first sentence, and in the last sentence substituted "licensed pursuant to the Nursing Practice Act from using hypnosis or from administering local anesthetics or conscious sedation" for "licensed in the healing arts from administering local anesthetics or from using hypnosis".

The 1991 amendment, effective June 14, 1991, substituted "anesthetics" for "anesthesia exceptions" in the catchline and for "anesthesia" in the second sentence, and, in the first sentence, substituted "to administer anesthetics" for "when acting under the direction of and in the immediate area of a licensed physician, or dentist, to administer anesthesia".

Nursing license required. — The board of nursing may not license a person as an anesthetist if that person is not a registered nurse or a licensed practical nurse in the state of New Mexico. 1973 Op. Att'y Gen. No. 73-62.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Nurse's liability for her own negligence or malpractice, 51 A.L.R.2d 970.

Malpractice: duty and liability of anesthetist, 53 A.L.R.2d 142, 49 A.L.R.4th 63.

Liability of operating surgeon for negligence of nurse assisting him, 12 A.L.R.3d 1017.

Liability of hospital for negligence of nurse assisting operating surgeon, 29 A.L.R.3d 1065.

Medical malpractice: who are "health care providers," or the like, whose actions fall within statutes specifically governing actions and damages for medical malpractice, 12 A.L.R.5th 1.