I recently received a question from a health officer in New Mexico who wanted to know whether a nurse practitioner can supervise a medical assistant without a physician on-site.
The “State Scope of Practice Laws” webpage on the AAMA website provides information on medical assisting–related laws of 49 states, including New Mexico. The second document in the “New Mexico” section, an excerpt from New Mexico Board of Nursing regulations, classifies medical assistants as unlicensed professionals under the New Mexico nursing law.
My legal opinion is that New Mexico nursing law permits advanced practice registered nurses, including nurse practitioners, to delegate to unlicensed professionals—such as medical assistants working under their supervision—tasks that do not require the exercise of independent clinical judgment or the making of clinical assessments or evaluations. Note the following language from the regulations of the New Mexico Board of Nursing:
B. The nurse shall assign/delegate to licensed and unlicensed persons only those nursing actions which that person is prepared, qualified or licensed or certified to perform.
(1) The nurse is accountable for assessing the situation and is responsible for the decision to delegate or make the assignment.
(2) The delegating nurse is accountable for each activity delegated, for supervising the delegated function or activity, and for assessing the outcome of the delegated function or activity.
Legal Eye 