New Mexico HVAC & Mechanical Licensing Law

New Mexico Code · 5 sections

The following is the full text of New Mexico’s hvac & mechanical licensing law statutes as published in the New Mexico Code. For the official version, see the New Mexico Legislature.

N.M. Stat. Ann. § 61-12B-3

As used in the Respiratory Care Act:

A.  "board" means the advisory board of respiratory care practitioners;

B.  "department" means the regulation and licensing department or that division of the department designated to administer the provisions of the Respiratory Care Act;

C.  "respiratory care" means a health care profession, under medical direction, employed in the therapy, management, rehabilitation, diagnostic evaluation and care of patients with deficiencies and abnormalities that affect the cardiopulmonary system and associated aspects of other system functions, and the terms "respiratory therapy" and "inhalation therapy" where such terms mean respiratory care;

D.  "practice of respiratory care" includes:

(1)       direct and indirect cardiopulmonary care services that are of comfort, safe, aseptic, preventative and restorative to the patient;

(2)       cardiopulmonary care services, including the administration of pharmacological, diagnostic and therapeutic agents related to cardiopulmonary care necessary to implement treatment, disease prevention, cardiopulmonary rehabilitation or a diagnostic regimen, including paramedical therapy and baromedical therapy;

(3)       specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, monitoring, treatment and research of cardiopulmonary abnormalities, including pulmonary function testing, hemodynamic and physiologic monitoring of cardiac function and collection of arterial and venous blood for analysis;

(4)       observation, assessment and monitoring of signs and symptoms, general behavior, general physical response to cardiopulmonary care treatment and diagnostic testing, including determination of whether such signs, symptoms, reactions, behavior or general response exhibit abnormal characteristics;

(5)       implementation based on observed abnormalities, appropriate reporting, referral, respiratory care protocols or changes in treatment, pursuant to a prescription by a physician authorized to practice medicine or other person authorized by law to prescribe, or the initiation of emergency procedures or as otherwise permitted in the Respiratory Care Act;

(6)       establishing and maintaining the natural airways, insertion and maintenance of artificial airways, bronchopulmonary hygiene and cardiopulmonary resuscitation, along with cardiac and ventilatory life support assessment and evaluation; and

(7)       the practice performed in a clinic, hospital, skilled nursing facility, private dwelling or other place deemed appropriate or necessary by the department;

E.  "expanded practice" means the practice of respiratory care by a respiratory care practitioner who has been prepared through a formal training program to function beyond the scope of practice of respiratory care as defined by rule of the department;

F.   "respiratory care practitioner" means a person who is licensed to practice respiratory care in New Mexico;

G.  "respiratory care protocols" means a predetermined, written medical care plan, which can include standing orders;

H.  "respiratory therapy training program" means an education course of study as defined by rule of the department; and

I.    "superintendent" means the superintendent of regulation and licensing.

History: Laws 1984, ch. 103, § 3; 1987, ch. 329, § 1; 1987, ch. 346, § 1; 1993, ch. 150, § 1; 2001, ch. 188, § 4.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-12B-16 NMSA 1978.

The 2001 amendment, effective June 15, 2001, in Subsection D, inserted "or other person authorized by law to prescribe," in Paragraph (5), substituted "assessment and evaluation" for "diagnosis" in Paragraph (6), in Paragraph (7), deleted "of respiratory care" following "practice", substituted "department" for "board"; in Subsection E, substituted "been prepared through a formal training program" for "completed a recognized program of study", inserted "as defined by rule of the department"; in Subsection F, deleted the last sentence, which read "The respiratory care practitioner may transcribe and implement a physician's written and verbal orders pertaining to the practice of respiratory care and"; redesignated the language formerly in Subsection F beginning "'respiratory care protocols'" as Subsection G; redesignated the former Subsections G and H as Subsections H and I; in present Subsection H, substituted "an education course of study as defined by rule of the department" for "a program accredited or recognized by the American medical association's committee on allied health education and accreditation in collaboration with the joint review committee for respiratory therapy education".

The 1993 amendment, effective June 18, 1993, substituted "cardiopulmonary" for "pulmonary" or "respiratory" in Paragraphs (1), (2) and (4) of Subsection D; added "and baromedical therapy" at the end of Paragraph (2) of Subsection D; inserted "and venous" near the end of Paragraph (3) of Subsection D; deleted "under the laws of New Mexico" following "practice medicine" in Paragraph (5) of Subsection D; added current Subsection E; and redesignated former Subsections E to G as Subsections F to H.

N.M. Stat. Ann. § 61-24D-2

As used in the Home Inspector Licensing Act:

A.  "approved examination" means a national home inspector licensing examination that has been third-party accredited as complying with the prevailing standards of the Standards for Educational and Psychological Testing and assesses an applicant's knowledge of:

(1)       roofing;

(2)       exterior;

(3)       interior;

(4)       structure;

(5)       electrical;

(6)       plumbing;

(7)       heating and cooling;

(8)       insulation;

(9)       fireplace and chimney; and

(10)     ethical business practices, professional standards and reports;

B.  "board" means the New Mexico home inspectors board;

C.  "client" means a person or an agent of the person who, through a written pre-inspection agreement, engages the services of a home inspector for the purpose of obtaining a report on the condition of residential real property;

D.  "compensation" means the payment for home inspection services pursuant to the written pre-inspection agreement;

E.  "foreign home inspector" means a home inspector who does not hold a license but who holds a current and valid home inspector license issued by another jurisdiction in the United States;

F.   "home inspection" means a noninvasive, nondestructive examination by a person of the interior and exterior components of a residential real property, including the property's structural components, foundation and roof, for the purposes of providing a professional written opinion regarding the site aspects and condition of the property and its carports, garages and reasonably accessible installed components.  "Home inspection" includes the examination of the property's heating, cooling, plumbing and electrical systems, including the operational condition of the systems' controls that are normally operated by a property owner;

G.  "home inspector" means a person who performs home inspections for compensation;

H.  "license" means a home inspector license issued by the board in accordance with the Home Inspector Licensing Act;

I.    "licensee" means the holder of a license;

J.   "pre-inspection agreement" means the written agreement signed by the client and a home inspector by which a client engages the services of the home inspector and that sets forth at a minimum the following:

(1)       the amount of compensation due and payable to the home inspector for the home inspection and delivery of a report;

(2)       a list of all components and systems that will be inspected; and

(3)       the date by which the client will receive the report;

K.  "report" means a written opinion prepared by a home inspector pursuant to the terms of a pre-inspection agreement regarding the functional and physical condition of the residential real property as determined by a home inspection conducted by a home inspector; and

L.   "residential real property" means any real property or manufactured or modular home that is used for or intended to be used for residential purposes and that is a single-family dwelling, duplex, triplex, quadplex or unit, as "unit" is defined by the Condominium Act [47-7A-1 to 47-7D-20 NMSA 1978].

History: Laws 2019, ch. 239, § 2; 2023, ch. 54, § 1.

ANNOTATIONS

The 2023 amendment, effective July 1, 2023, defined "approved examination" as used in the Home Inspector Licensing Act; and added a new Subsection A and redesignated former Subsections A through K as Subsections B through L, respectively.

N.M. Stat. Ann. § 61-24D-5

A.  A person who is not a licensee shall not:

(1)       conduct home inspections, develop a report or otherwise engage in the business of home inspection;

(2)       in the course of conducting business, use the title "home inspector", "certified home inspector", "registered home inspector", "licensed home inspector", "professional home inspector" or any other title, abbreviation, letters, figures or signs that indicate the person is a licensed home inspector; or

(3)       use the terms "state licensed" or "licensed" to refer to an inspection conducted or a report prepared by a person who is not a licensee.

B.  A business entity shall not provide home inspection services unless all of the home inspectors employed by the business are licensees.

C.  A business entity shall not use, in connection with the name or signature of the business, the title "home inspectors" to describe the business entity's services unless each person employed by the business as a home inspector is a licensee.

D.  The Home Inspector Licensing Act does not apply to a person:

(1)       licensed by the state as an engineer, an architect, a real estate qualifying or associate broker, a real estate appraiser, a certified general appraiser, a residential real estate appraiser or a pest control operator, when acting within the scope of the person's license;

(2)       licensed by the state or a political subdivision of the state as an electrician, a general contractor, a plumber or a heating and air conditioning technician, when acting within the scope of the person's license;

(3)       regulated by the state as an insurance adjuster, when acting within the scope of the person's license;

(4)       employed by the state or a political subdivision of the state as a code enforcement official, when acting within the scope of the person's employment;

(5)       who performs an energy audit of a residential property;

(6)       who performs a warranty evaluation of components, systems or appliances within a resale residential property for the purpose of issuing a home warranty; provided that all warranty evaluation reports include a statement that the warranty evaluation performed is not a home inspection and does not meet the standards of a home inspection pursuant to the provisions of the Home Inspector Licensing Act.  A home warranty company shall not refer to a warranty evaluation as a home inspection;

(7)       who in the scope of the person's employment performs safety inspections of utility equipment in or attached to residential real property pursuant to the provisions of Chapter 62 NMSA 1978 or rules adopted by the public regulation commission; and

(8)       hired by the owner or lessor of residential real property to perform an inspection of the components of the residential real property for the purpose of preparing a bid or estimate for performing construction, remodeling or repair work in the residential real property.

History: Laws 2019, ch. 239, § 5.

ANNOTATIONS

Effective dates. — Laws 2019, ch. 239, § 17 made Laws 2019, ch. 239 effective January 1, 2020.

N.M. Stat. Ann. § 61-3-3

As used in the Nursing Practice Act:

A.  "advanced practice" means the practice of professional registered nursing by a registered nurse who has been prepared through additional formal education as provided in Sections 61-3-23.2 through 61-3-23.4 NMSA 1978 to function beyond the scope of practice of professional registered nursing, including certified nurse practitioners, certified registered nurse anesthetists and certified clinical nurse specialists;

B.  "advanced practice registered nurse" means a certified nurse practitioner, certified registered nurse anesthetist or certified clinical nurse specialist licensed pursuant to the Nursing Practice Act;

C.  "anesthetics" means a substance that causes the entire or partial loss of the feeling of pain, temperature or other sensations, with or without the loss of consciousness, including topical, local or intravenous anesthetics but excluding general anesthesia;

D.  "artificial intelligence" means a broad category of existing, emerging and future digital technologies that involves using algorithms to drive the behavior of agents such as software programs, machines and robotics;

E.  "board" means the board of nursing;

F.   "certified hemodialysis technician" means a person who is certified by the board to assist in the direct care of a patient undergoing hemodialysis, under the supervision and at the direction of a registered nurse or a licensed practical nurse, according to the rules adopted by the board;

G.  "certified medication aide" means a person who is certified by the board to administer medications under the supervision and at the direction of a registered nurse or a licensed practical nurse, according to the rules adopted by the board;

H.  "certified nurse practitioner" means a registered nurse who is licensed by the board for advanced practice as a certified nurse practitioner and whose name and pertinent information are entered on the list of certified nurse practitioners maintained by the board;

I.    "certified registered nurse anesthetist" means a registered nurse who is licensed by the board for advanced practice as a certified registered nurse anesthetist and whose name and pertinent information are entered on the list of certified registered nurse anesthetists maintained by the board;

J.   "certified clinical nurse specialist" means a registered nurse who is licensed by the board for advanced practice as a certified clinical nurse specialist and whose name and pertinent information are entered on the list of certified clinical nurse specialists maintained by the board;

K.  "collaboration" means the cooperative working relationship with another health care provider in the provision of patient care, and such collaborative practice includes the discussion of patient diagnosis and cooperation in the management and delivery of health care;

L.   "general anesthesia" means a drug-induced loss of consciousness where:

(1)       patients are not arousable, even by painful stimulation;

(2)       the ability to maintain an adequate airway and respiratory function is affected; and

(3)       the cardiovascular function may be impaired;

M.  "licensed practical nurse" means a nurse who practices licensed practical nursing and whose name and pertinent information are entered in the register of licensed practical nurses maintained by the board or a nurse who practices licensed practical nursing pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact [61-3-24.1 NMSA 1978];

N.  "licensed practical nursing" means the practice of a directed scope of nursing requiring basic knowledge of the biological, physical, social and behavioral sciences and nursing procedures, which practice is at the direction of a registered nurse, physician or dentist licensed to practice in this state.  This practice includes but is not limited to:

(1)       contributing to the assessment of the health status of individuals, families and communities;

(2)       participating in the development and modification of the plan of care;

(3)       implementing appropriate aspects of the plan of care commensurate with education and verified competence;

(4)       collaborating with other health care professionals in the management of health care; and

(5)       participating in the evaluation of responses to interventions;

O.  "Nurse Licensure Compact" means the agreement entered into between New Mexico and other jurisdictions permitting the practice of professional registered nursing or licensed practical nursing pursuant to a multistate licensure privilege;

P.  "nursing diagnosis" means a clinical judgment about individual, family or community responses to actual or potential health problems or life processes, which judgment provides a basis for the selection of nursing interventions to achieve outcomes for which the person making the judgment is accountable;

Q.  "practice of nursing" means assisting individuals, families or communities in maintaining or attaining optimal health, assessing and implementing a plan of care to accomplish defined goals and evaluating responses to care and treatment.  This practice is based on specialized knowledge, judgment and nursing skills acquired through educational preparation in nursing and in the biological, physical, social and behavioral sciences and includes but is not limited to:

(1)       initiating and maintaining comfort measures;

(2)       promoting and supporting optimal human functions and responses;

(3)       establishing an environment conducive to well-being or to the support of a dignified death;

(4)       collaborating on the health care regimen;

(5)       administering medications and performing treatments prescribed by a person authorized in this state or in any other state in the United States to prescribe them;

(6)       recording and reporting nursing observations, assessments, interventions and responses to health care;

(7)       providing counseling and health teaching;

(8)       delegating and supervising nursing interventions that may be performed safely by others and are not in conflict with the Nursing Practice Act; and

(9)       maintaining accountability for safe and effective nursing care;

R.  "professional registered nursing" means the practice of the full scope of nursing requiring substantial knowledge of the biological, physical, social and behavioral sciences and of nursing theory and may include advanced practice pursuant to the Nursing Practice Act.  This practice includes but is not limited to:

(1)       assessing the health status of individuals, families and communities;

(2)       establishing a nursing diagnosis;

(3)       establishing goals to meet identified health care needs;

(4)       developing a plan of care;

(5)       determining nursing intervention to implement the plan of care;

(6)       implementing the plan of care commensurate with education and verified competence;

(7)       evaluating responses to interventions;

(8)       teaching based on the theory and practice of nursing;

(9)       managing and supervising the practice of nursing;

(10)     collaborating with other health care professionals in the management of health care; and

(11)     conducting nursing research;

S.  "registered nurse" means a nurse who practices professional registered nursing and whose name and pertinent information are entered in the register of licensed registered nurses maintained by the board or a nurse who practices professional registered nursing pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact;

T.   "scope of practice" means the parameters within which nurses practice based upon education, experience, licensure, certification and expertise;

U.  "sedation" means the administration of medication to produce various levels of calmness, relaxation or sleep, including:

(1)       minimum sedation, during which a patient responds normally to verbal commands and may have impaired cognitive function or coordination, and respiratory and cardiovascular functions remain stable;

(2)       moderate sedation, during which a patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation; respiratory functions remain stable; and cardiovascular functions are usually maintained;

(3)       deep sedation, during which a patient cannot be easily aroused but responds purposefully, following repeated or painful stimulation; respiratory functions may be impaired, requiring assistance in maintaining the airway, including intubation and mechanical ventilation; and cardiovascular functions are usually maintained; or

(4)       palliative sedation, an end-of-life intervention used to provide a patient with relief of symptoms that cannot be controlled in a tolerable time frame despite the use of therapies and that are unlikely to be controlled by further therapies without excessive, intolerable, acute or chronic side effects or complications, but not to intentionally hasten death; and

V.  "training program" means an educational program approved by the board.

History: 1978 Comp., § 61-3-3, enacted by Laws 1991, ch. 190, § 2; 1993, ch. 61, § 1; 1997, ch. 244, § 3; 2001, ch. 137, § 2; 2003, ch. 307, § 5; 2005, ch. 307, § 1; 2025, ch. 101, § 1.

ANNOTATIONS

Repeals and reenactments. — Laws 1991, ch. 190, § 2 repealed former 61-3-3 NMSA 1978, as enacted by Laws 1968, ch. 44, § 3, relating to definitions, effective June 14, 1991, and enacted a new section.

Cross references. — For scope of medical practice, see 61-6-6 NMSA 1978.

The 2025 amendment, effective June 20, 2025, defined the terms "advanced practice registered nurse", "anesthetics", "artificial intelligence", "general anesthesia", and "sedation" as used in the Nursing Practice Act, and made technical amendments; added "certified" preceding each occurrence of "clinical nurse specialist" throughout the section; added new Subsections B through D and redesignated former Subsections B through H as Subsections E through K, respectively; added a new Subsection L and redesignated former Subsections I through P as Subsections M through T, respectively; and added a new Subsection U and redesignated former Subsection Q as Subsection V.

The 2005 amendment, effective April 7, 2005, added Subsection C to define "certified hemodialysis technician"; added Subsection D to define "certified medication aide"; deleted "emergency procedures" in Subsection G, which was defined as airway and vascular access procedures; and added Subsection Q to define "training program".

The 2003 amendment, effective January 1, 2004, added "or a nurse who practices licensed practical nursing pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact" at the end of Subsection H; inserted present Subsection J and redesignated the subsequent paragraphs accordingly; and added "or a nurse who practices professional registered nursing pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact" at the end of present Subsection N.

The 2001 amendment, effective June 15, 2001, inserted Subsection G and renumbered the remaining subsections accordingly.

The 1997 amendment, effective June 20, 1997, added Subsections A and M, deleted former Subsection F, which defined "expanded practice", and redesignated the existing subsections accordingly; in Subsection J(8), inserted "and supervising" at the beginning; substituted "who is licensed" for "whose qualifications are endorsed" and "advanced" for "expanded" throughout the section, and made minor stylistic changes.

The 1993 amendment, effective June 18, 1993, added "As used in the Nursing Practice Act" at the beginning; inserted current Subsection E and redesignated former Subsections E through K as Subsections F through L; and inserted "or any other state in the United States" in Paragraph (5) of Subsection J.

Additional midwife license not required. — A family nurse practitioner authorized by the board of nursing to perform services constituting midwifery need not, as well, have a midwife license from the health services division (now department of health). 1981 Op. Att'y Gen. No. 81-07.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 7.

Nurse as physician within rule as to privileged communications, 68 A.L.R. 177.

Nurse's liability for her own negligence or malpractice, 51 A.L.R.2d 970.

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

N.M. Stat. Ann. § 61-6D-3

A.  The board may license qualified persons as anesthesiologist assistants.

B.  A person shall not perform, attempt to perform or hold the person's own self out as an anesthesiologist assistant until the person is licensed by the board as an anesthesiologist assistant and has registered the anesthesiologist assistant's supervising licensed anesthesiologist in accordance with board regulations.

C.  An anesthesiologist assistant may assist the supervising anesthesiologist in developing and implementing an anesthesia care plan for a patient.  In providing assistance to the supervising anesthesiologist, an anesthesiologist assistant may do any of the following:

(1)       obtain a comprehensive patient history and perform a physical exam and present the history and exam findings to the supervising anesthesiologist who shall conduct a pre-anesthetic interview and evaluation;

(2)       pretest and calibrate anesthesia delivery systems;

(3)       monitor, obtain and interpret information from anesthesia delivery systems and anesthesia monitoring equipment;

(4)       assist the supervising anesthesiologist with the implementation of medically accepted monitoring techniques;

(5)       establish basic and advanced airway interventions, including intubation of the trachea and performing ventilatory support;

(6)       administer intermittent vasoactive drugs;

(7)       start and adjust vasoactive infusions;

(8)       administer anesthetic drugs, adjuvant drugs and accessory drugs;

(9)       assist the supervising anesthesiologist with the performance of epidural anesthetic procedures and spinal anesthetic procedures;

(10)     administer blood, blood products and supportive fluids;

(11)     participate in administrative activities and clinical teaching activities;

(12)     participate in research activities by performing the same procedures that may be performed under Paragraphs (1) through (10) of this subsection; and

(13)     provide assistance to cardiopulmonary resuscitation teams in response to life-threatening situations.

D.  An applicant shall complete an application form provided by the board and shall submit the completed form and, except as provided in Section 61-1-34 NMSA 1978, the application fee to the board.

History: Laws 2001, ch. 311, § 3; 2003, ch. 302, § 2; 2020, ch. 6, § 14; 1978 Comp., § 61-6-10.3, recompiled as § 61-6D-3 by Laws 2022, ch. 39, § 105.

ANNOTATIONS

Recompilations. — Laws 2022, ch. 39, § 105 recompiled former 61-6-10.3 NMSA 1978 as 61-6D-3 NMSA 1978, effective May 18, 2022.

The 2020 amendment, effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans, and made certain technical amendments; in Subsection C, Paragraph C(1), after "anesthesiologist who", deleted "must" and added "shall"; and in Subsection D, after "completed form", deleted "with the" and added "and, except as provided in Section 61-1-34 NMSA 1978, the".

The 2003 amendment, effective June 20, 2003, in Paragraph C(1) inserted "and perform a physical exam" following "comprehensive patient history" and inserted "and exam findings" following "present the history".

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)