SENATE BILL 20

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Steve Komadina

AN ACT

RELATING TO PROFESSIONAL AND OCCUPATIONAL LICENSES; CHANGING THE LICENSED PHYSICIAN AND OSTEOPATHIC PHYSICIAN SUPERVISION REQUIREMENTS; AMENDING THE PHYSICIAN ASSISTANT ACT AND THE OSTEOPATHIC PHYSICIANS' ASSISTANTS ACT.

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

     Section 1. Section 61-6-10 NMSA 1978 (being Laws 1973, Chapter 361, Section 6, as amended) is amended to read:

     "61-6-10. SUPERVISING LICENSED PHYSICIAN--RESPONSIBILITY.--

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

          B. Every licensed physician supervising a licensed physician assistant shall be individually responsible and liable for the performance of the acts and omissions delegated to the physician assistant. 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. A licensed physician shall not supervise more than two physician assistants; except, where a physician is working in a health facility providing health service to the public primarily on a free or reduced fee basis, that is funded in whole or in part out of public funds or the funds of private charitable institutions or for good cause shown, the board may authorize a greater number upon a finding that the program provides adequate supervision of the physician assistants.]

          C. A physician assistant shall be supervised by a physician as approved by the board."

     Section 2. Section 61-10A-7 NMSA 1978 (being Laws 1979, Chapter 26, Section 7) is amended to read:

     "61-10A-7. RESPONSIBILITY.--Every osteopathic physician using, supervising or employing a registered osteopathic physician's assistant shall be individually responsible and liable for the performance of the acts and omissions delegated to the osteopathic physician's assistant. Nothing [herein] in the Osteopathic Physicians' Assistants Act shall be construed to relieve the osteopathic physician's assistant of [any] responsibility and liability for any of [his] the osteopathic physician's assistant's own acts and omissions. [No osteopathic physician may have under his supervision more than two currently registered osteopathic physicians' assistants, except where an osteopathic physician is working in a health facility providing health service to the public primarily on a free or reduced fee basis, which is funded in whole or in part out of public funds or the funds of private charitable institutions; the board may authorize a greater number upon a finding that the program provides adequate supervision of the osteopathic physicians' assistants.] An osteopathic physician's assistant shall be supervised by an osteopathic physician as approved by the board."

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