HOUSE BILL 267

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Jenifer Jones and Elizabeth "Liz" Thomson

 

 

 

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

 

AN ACT

RELATING TO LICENSURE; AMENDING THE PHYSICIAN ASSISTANT ACT TO ALLOW CERTAIN EXPERIENCED PHYSICIAN ASSISTANTS TO SUPERVISE NEWLY LICENSED PHYSICIAN ASSISTANTS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 61-6C-2 NMSA 1978 (being Laws 1989, Chapter 9, Section 2, as amended) is amended to read:

     "61-6C-2. DEFINITIONS.--As used in the Physician Assistant Act:

          A. "administer" means to apply a prepackaged drug directly to the body of a patient by any means;

          B. "board" means the New Mexico medical board;

          C. "dispense" means to deliver a drug directly to a patient and includes the compounding, labeling and repackaging of a drug from a bulk or original container;

          D. "distribute" means to administer or supply directly to a patient under the direct care of the distributing physician assistant one or more doses of drugs prepackaged by a licensed pharmacist and excludes the compounding or repackaging from a bulk or original container;

          E. "licensed physician" means a [medical or osteopathic] physician with a current license to practice medicine; [and]

          F. "prescribe" means to issue an order individually for the person for whom prescribed, either directly from the prescriber to the pharmacist or indirectly by means of a written order signed by the prescriber, bearing the name and address of the prescriber, the prescriber's license classification, the name and address of the patient, the name of the drug prescribed, directions for use and the date of issue; and

          G. "supervising physician assistant" means a physician assistant who has:

                (1) a license to practice medicine;

                (2) completed three or more years of clinical practice as a physician assistant; and

                (3) received approval to supervise a newly licensed physician assistant pursuant to rules promulgated by the board."

     SECTION 2. Section 61-6C-6 NMSA 1978 (being Laws 2017, Chapter 103, Section 6) is amended to read:

     "61-6C-6. PHYSICIAN ASSISTANT SUPERVISION AND COLLABORATION [WITH LICENSED PHYSICIANS]--SCOPE OF PRACTICE--MEDICAL MALPRACTICE INSURANCE.--

          A. A physician assistant may perform the acts and duties that are within the physician assistant's scope of practice in collaboration with a licensed physician, if the physician assistant has:

                (1) completed three years of clinical practice as a physician assistant with the supervision of a licensed physician or supervising physician assistant; and

                (2) complied with rules adopted by the board establishing qualifications for when a physician assistant may engage in the practice of medicine in collaboration with a licensed physician.

          B. A physician assistant practicing in collaboration with a licensed physician shall, at a minimum, maintain a policy of malpractice liability insurance that will qualify the physician assistant under the provisions of the Medical Malpractice Act."

     SECTION 3. Section 61-6C-7 NMSA 1978 (being Laws 1973, Chapter 361, Section 5, as amended) is amended to read:

     "61-6C-7. PHYSICIAN ASSISTANTS--RULES.--The board may promulgate rules in accordance with the State Rules Act and enforce those rules in accordance with the Uniform Licensing Act for:

          A. education, skill and experience for licensure of a person as a physician assistant and providing forms and procedures for biennial license renewal;

          B. examining and evaluating an applicant for licensure as a physician assistant as to skill, knowledge and experience of the applicant in the field of medical care;

          C. establishing when and for how long physician assistants are permitted to prescribe, administer, dispense and distribute dangerous drugs other than controlled substances in Schedule I of the Controlled Substances Act pursuant to rules adopted by the board after consultation with the board of pharmacy;

          D. allowing a supervising [or collaborating] licensed physician or supervising physician assistant to temporarily delegate supervision [or collaboration] responsibilities for a physician assistant to another licensed physician or supervising physician assistant;

          E. allowing a collaborating licensed physician to temporarily delegate collaboration responsibilities to another licensed physician;

          [E.] F. establishing when a physician assistant may engage in the practice of medicine in collaboration with a licensed physician; [and

          F.] G. establishing an approval process for supervising physician assistants to supervise newly licensed physician assistants; and

          H. carrying out all other provisions of the Physician Assistant Act."

     SECTION 4. Section 61-6C-8 NMSA 1978 (being Laws 1973, Chapter 361, Section 6, as amended) is amended to read:

     "61-6C-8. SUPERVISING OR COLLABORATING LICENSED PHYSICIAN--RESPONSIBILITY--SUPERVISING PHYSICIAN ASSISTANT

RESPONSIBILITY.--

          A. As a condition of licensure, all physician assistants practicing in New Mexico shall be supervised by a licensed physician or supervising physician assistant. The physician assistant shall inform the board of the name of the licensed physician or supervising physician assistant under whose supervision the physician assistant will practice. All supervising physicians and supervising physician assistants shall be licensed pursuant to the Medical Practice Act and approved by the board.

          B. Every licensed physician or supervising physician assistant supervising a physician assistant shall be individually responsible and liable for the performance of the acts and omissions delegated to the physician assistant the physician or supervising physician assistant supervises. Nothing in this section shall be construed to relieve the physician assistant of responsibility and liability for the acts and omissions of the physician assistant.

          C. Rules promulgated in accordance with the State Rules Act pursuant to the Physician Assistant Act shall:

                (1) require that a physician assistant whose practice is a specialty care, as defined by the board, shall be supervised by a licensed physician or supervising physician assistant in accordance with requirements established by the board; and

                (2) allow a physician assistant whose practice is primary care, as defined by the board, to collaborate with a licensed physician in accordance with requirements established by the board for different practice settings.

          [C.] D. A physician assistant shall be supervised by [or collaborate with] a licensed physician or supervising physician assistant in accordance with rules adopted by the board.

          E. A physician assistant shall collaborate with a licensed physician in accordance with rules adopted by the board."

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