SENATE BILL 12

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

INTRODUCED BY

Antoinette Sedillo Lopez and E. Diane Torres-Velásquez

 

 

 

 

 

AN ACT

RELATING TO TELEHEALTH; ALLOWING OUT-OF-STATE HEALTH CARE PROVIDERS WHO HAVE NOT OBTAINED A NEW MEXICO TELEHEALTH LICENSE TO PROVIDE SECOND OPINIONS AND CONSULTATIONS FOR TREATMENT TO PATIENTS IN NEW MEXICO; ALLOWING MORE TYPES OF HEALTH CARE PROVIDERS TO PROVIDE TELEHEALTH SERVICES.

 

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

     SECTION 1. Section 24-25-3 NMSA 1978 (being Laws 2004, Chapter 48, Section 3, as amended) is amended to read:

     "24-25-3. DEFINITIONS.--As used in the New Mexico Telehealth Act:

          A. "consultation for prospective treatment" means communications between a patient in New Mexico and an out-of-state health care provider that are in relation to treatments or services that the patient will receive if the patient travels to the state in which the out-of-state health care provider is licensed, certified or registered;

          [A.] B. "health care provider" means a person licensed, certified or registered to provide health care to patients in New Mexico, including:

                (1) an optometrist;

                (2) a chiropractic physician;

                (3) a dentist;

                (4) a physician;

                (5) a [podiatrist] podiatric physician;

                (6) an osteopathic physician;

                (7) a physician assistant;

                (8) a certified nurse practitioner;

                (9) a physical therapist;

                (10) an occupational therapist;

                (11) a speech-language pathologist;

                (12) a doctor of oriental medicine;

                (13) a nutritionist;

                (14) a psychologist;

                (15) a certified nurse-midwife;

                (16) a clinical nurse specialist;

                (17) a registered nurse;

                (18) a dental hygienist;

                (19) a pharmacist;

                (20) a licensed [independent] social worker;

                (21) a licensed counselor;

                (22) a community health representative; [or]

                (23) a licensed athletic trainer;

                (24) a certified peer support worker; or

                (25) any other health care professional who has received a medicaid provider identification number from the health care authority;

          [B.] C. "originating site" means a place where a patient may receive health care via telehealth. An originating site may include:

                (1) a licensed inpatient center;

                (2) an ambulatory surgical or treatment center;

                (3) a skilled nursing center;

                (4) a residential treatment center;

                (5) a home health agency;

                (6) a diagnostic laboratory or imaging center;

                (7) an assisted living center;

                (8) a school-based health program;

                (9) a mobile clinic;

                (10) a mental health clinic;

                (11) a rehabilitation or other therapeutic health setting;

                (12) the patient's residence;

                (13) a federally qualified health center; or

                (14) a community health center; [and]

          D. "out-of-state health care provider" means a person who is licensed, certified or registered to provide health care in another state but has not obtained a license to provide telehealth services in New Mexico;

          E. "second opinion" means a medical opinion following a diagnosis or course of treatment that came from a health care provider licensed in New Mexico; and

          [C.] F. "telehealth" means the use of electronic information, imaging and communication technologies, including interactive audio, video, data communications as well as store-and-forward technologies, to provide and support health care delivery, diagnosis, consultation, treatment, transfer of medical data and education."

     SECTION 2. Section 24-25-5 NMSA 1978 (being Laws 2004, Chapter 48, Section 5, as amended) is amended to read:

     "24-25-5. SCOPE OF ACT.--

          A. The New Mexico Telehealth Act does not alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.

          B. Because the use of telehealth improves access to quality health care and will generally benefit the [citizens] residents of New Mexico, health insurers, health maintenance organizations, managed care organizations and third-party payors offering services to the [citizens] residents of New Mexico are encouraged to use and provide coverage for telehealth within the scope of their plans or policies. The state's medical assistance program is also encouraged to include telehealth within the scope of its plan or policy.

          C. Out-of-state health care providers shall be permitted to provide second opinions and consultations for prospective treatment to patients in New Mexico."

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