0001| HOUSE BILL 788
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| NICK L. SALAZAR
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO HEALTH PROVIDERS; AMENDING THE PHYSICIAN ASSISTANT
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0012| ACT AND THE OSTEOPATHIC PHYSICIANS' ASSISTANTS ACT TO PROVIDE
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0013| FOR LICENSURE.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 61-6-7 NMSA 1978 (being Laws 1973,
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0017| Chapter 361, Section 3, as amended by Laws 1994, Chapter 57,
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0018| Section 13 and also by Laws 1994, Chapter 80, Section 2) is
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0019| amended to read:
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0020| "61-6-7. SHORT TITLE [REGISTRATION] LICENSURE AS A
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0021| PHYSICIAN ASSISTANT--SCOPE OF PRACTICE [ANNUAL] BIENNIAL
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0022| REGISTRATION OF [EMPLOYMENT--EMPLOYMENT] SUPERVISION--
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0023| CHANGE--FEES.--
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0024| A. Sections 61-6-7 through 61-6-10 NMSA 1978 may be
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0025| cited as the "Physician Assistant Act".
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0001| B. The board may [register] license qualified
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0002| persons as physician assistants. No person shall perform,
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0003| attempt to perform or hold himself out as a physician assistant
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0004| without first applying for and obtaining [registration with]
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0005| a license from the board and without [annually]
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0006| biennially registering his [employment and] supervising
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0007| licensed physician in accordance with board regulations.
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0008| Physician assistants who are registered under the Physician
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0009| Assistant Act as of June 31, 1997 shall be considered to be
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0010| licensed until the expiration of that registration.
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0011| C. Physician assistants may prescribe, administer
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0012| and distribute dangerous drugs other than controlled substances
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0013| in Schedule I of the Controlled Substances Act pursuant to
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0014| regulations adopted by the [New Mexico] board [of medical
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examiners] after consultation with the board of pharmacy,
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0016| provided that the prescribing, administering and distributing
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0017| are done under the direction of a supervising licensed
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0018| physician and within the parameters of a board-approved
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0019| formulary and guidelines established under Paragraph (3) of
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0020| Subsection A of Section 61-6-9 NMSA 1978. The distribution
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0021| process shall comply with state laws concerning prescription
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0022| packaging, labeling and record keeping requirements. Physician
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0023| assistants shall not otherwise dispense dangerous drugs or
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0024| controlled substances.
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0025| D. A physician assistant shall perform only those
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0001| acts and duties assigned him by a supervising licensed
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0002| physician that are within the scope of practice of the
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0003| supervising licensed physician.
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0004| E. An applicant for [registration] licensure as
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0005| a physician assistant shall complete application forms [as]
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0006| supplied by the board and shall pay a [registration]
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0007| licensing fee as provided in Section 61-6-19 NMSA 1978. Upon
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0008| being [registered] licensed by the board, the applicant
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0009| shall have his name and address and other pertinent information
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0010| enrolled by the board on a roster of physician assistants.
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0011| F. Each [registered] physician assistant shall
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0012| [annually] biennially submit proof of completion of
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0013| continuing education as required by the board and shall
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0014| [annually] biennially renew his [registration, supervising
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licensed physician and place of employment] license and
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0016| registration of supervision with the board. Upon any change
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0017| in [employment or] supervising [licensed] physician between
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0018| [annual] biennial registrations, each physician assistant
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0019| shall reregister his [employment and] supervising
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0020| [licensed] physician and shall pay any additional
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0021| registration of supervision fees as provided in Section 61-6-
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0022| 19 NMSA 1978. All applications for [registration] licensure
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0023| or registration of supervision shall include the applicant's
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0024| name, current address, the name and office address of [both
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his employer and] the supervising licensed physician and other
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0001| additional information as the board deems necessary. Upon any
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0002| change [of employment or change] of supervising licensed
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0003| physician, prior registration of supervision shall
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0004| automatically become void or inactive.
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0005| G. Each [annual] biennial renewal of
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0006| registration of [employment] supervision shall be
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0007| accompanied by a fee as provided in Section 61-6-19 NMSA 1978."
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0008| Section 2. A new section of the Physician Assistant Act,
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0009| Section 61-6-7.2 NMSA 1978, is enacted to read:
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0010| "61-6-7.2. [NEW MATERIAL] INACTIVE LICENSE.--
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0011| A. A physician assistant who notifies the board in
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0012| writing on forms prescribed by the board may elect to place his
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0013| license on an inactive status. A physician assistant with an
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0014| inactive license shall be excused from payment of renewal fees
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0015| and shall not practice as a physician assistant.
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0016| B. A physician assistant who engages in practice
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0017| while his license is lapsed or on inactive status is practicing
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0018| without a license, and this is grounds for discipline pursuant
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0019| to the Physician Assistant Act.
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0020| C. A physician assistant requesting restoration
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0021| from inactive status shall pay the current renewal fee and
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0022| fulfill the requirement for renewal pursuant to the Physician
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0023| Assistant Act."
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0024| Section 3. A new section of the Physician Assistant Act,
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0025| Section 61-6-7.3 NMSA 1978, is enacted to read:
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0001| "61-6-7.3. [NEW MATERIAL] EXEMPTION FROM LICENSURE.--
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0002| A. A physician assistant student enrolled in a
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0003| physician assistant or surgeon assistant educational program
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0004| accredited by the committee on allied health education and
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0005| accreditation or by its successor shall be exempt from
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0006| licensure while functioning as a physician assistant student.
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0007| B. A physician assistant employed by the federal
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0008| government while performing duties incident to that employment
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0009| is not required to be licensed as a physician assistant
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0010| pursuant to the Physician Assistant Act."
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0011| Section 4. Section 61-6-8 NMSA 1978 (being Laws 1973,
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0012| Chapter 361, Section 4, as amended) is amended to read:
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0013| "61-6-8. DENIAL, SUSPENSION OR REVOCATION.--In accordance
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0014| with the procedures contained in the Uniform Licensing Act, the
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0015| board may deny, revoke or suspend any [registration]
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0016| license to practice as a physician assistant or may place on
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0017| probation, enter stipulation, censure, reprimand or fine any
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0018| person [registered] licensed as a physician assistant for:
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0019| A. procuring, aiding or abetting a criminal
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0020| abortion;
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0021| B. soliciting patients for any practitioner of the
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0022| healing arts;
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0023| C. soliciting or receiving any form of compensation
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0024| from any person other than the physician assistant's registered
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0025| employer for performing as a physician assistant;
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0001| D. willfully or negligently divulging a
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0002| professional confidence or discussing a patient's condition or
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0003| a physician's diagnosis without the express permission of the
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0004| physician and patient;
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0005| E. conviction for any offense punishable by
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0006| incarceration in a state penitentiary or federal prison. A
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0007| copy of the record of conviction, certified by the clerk of the
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0008| court entering the conviction, is conclusive evidence;
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0009| F. the habitual or excessive use of intoxicants or
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0010| drugs;
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0011| G. fraud or misrepresentation in applying for or
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0012| procuring [registration] a license to perform as a
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0013| physician assistant in this state or in applying for or
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0014| procuring [an annual registration] a registration of
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0015| supervision;
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0016| H. impersonating another person [registered]
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0017| licensed as a physician assistant or allowing any person to
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0018| use the physician assistant's [certificate of qualification or
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registration] license or registration of supervision;
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0020| I. aiding or abetting the practice of medicine by a
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0021| person not licensed by the board;
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0022| J. gross negligence in the performance of duties,
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0023| tasks or functions assigned by a licensed physician;
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0024| K. manifest incapacity or incompetence to perform
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0025| as a physician assistant;
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0001| L. conduct resulting in the suspension or
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0002| revocation by another state of a registration, license or
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0003| certification to perform as a physician assistant, based upon
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0004| acts by the physician assistant similar to acts constituting
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0005| grounds for suspension or revocation in New Mexico. A
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0006| certified copy of the record of the suspension or revocation of
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0007| the state imposing the penalty is conclusive evidence thereof;
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0008| M. conduct unbecoming in a person [registered]
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0009| licensed as a physician assistant or detrimental to the best
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0010| interests of the public;
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0011| N. conduct outside the scope of duties assigned by
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0012| the supervising physician;
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0013| O. repeated similar negligent acts; or
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0014| P. injudicious prescribing, administering or
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0015| distributing of drugs."
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0016| Section 5. A new section of the Physician Assistant Act,
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0017| Section 61-6-8.1 NMSA 1978, is enacted to read:
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0018| "61-6-8.1. [NEW MATERIAL] PHYSICIAN ASSISTANT ADVISORY
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0019| COMMITTEE.--
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0020| A. The "physician assistant advisory committee" is
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0021| created. The advisory committee shall review and make
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0022| recommendations to the board on all matters relating to
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0023| physician assistants.
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0024| B. The physician assistant advisory committee shall
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0025| be composed of four members appointed by the board to two-year
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0001| staggered terms. The board shall initially appoint two members
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0002| whose terms shall end on July 1, 1998 and two members whose
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0003| terms shall end on July 1, 1999. One member shall be a
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0004| licensed physician with experience supervising a physician
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0005| assistant, and the other three, one of whom shall serve as
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0006| chairman, shall be physician assistants nominated to the board
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0007| by the board of directors of the New Mexico academy of
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0008| physician assistants. The chairman of the physician assistant
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0009| advisory committee shall be a nonvoting advisor to the board."
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0010| Section 6. Section 61-6-9 NMSA 1978 (being Laws 1973,
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0011| Chapter 361, Section 5, as amended) is amended to read:
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0012| "61-6-9. PHYSICIAN ASSISTANTS--RULES AND REGULATIONS.--
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0013| A. The board may adopt and enforce reasonable rules
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0014| and regulations:
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0015| (1) for setting qualifications of education,
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0016| skill and experience for [registration] licensure of a
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0017| person as a physician assistant and providing forms and
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0018| procedures for [obtaining certificates of registration and for
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annual] biennial licensure and registration of [employment,
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supervising] supervision by a licensed physician [and place
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of employment];
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0022| (2) for examining and evaluating applicants
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0023| for [registration] licensure as a physician assistant as to
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0024| their skill, knowledge and experience in the field of medical
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0025| care;
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0001| (3) for establishing when and for how long
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0002| physician assistants are permitted to prescribe, administer and
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0003| distribute dangerous drugs other than controlled substances in
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0004| Schedule I of the Controlled Substances Act pursuant to
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0005| regulations adopted by the board after consultation with the
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0006| board of pharmacy;
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0007| (4) for allowing a supervising licensed
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0008| physician to temporarily delegate his supervisory
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0009| responsibilities for a physician assistant to another licensed
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0010| physician;
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0011| (5) for allowing a physician assistant to
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0012| temporarily serve under the supervision of a licensed physician
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0013| other than the supervising licensed physician of record; and
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0014| (6) for the purpose of carrying out all other
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0015| provisions of the Physician Assistant Act.
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0016| B. The board shall not adopt any rule or regulation
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0017| allowing a physician assistant to measure the powers, range or
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0018| accommodative status of human vision; diagnose vision problems;
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0019| prescribe lenses, prisms, vision training or contact lenses; or
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0020| fit contact lenses. This restriction does not preclude vision
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0021| screening. The board shall not adopt any rule or regulation
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0022| allowing a physician assistant to perform treatment of the
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0023| human foot outside the physician assistant's scope of
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0024| practice."
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0025| Section 7. Section 61-6-10 NMSA 1978 (being Laws 1973,
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0001| Chapter 361, Section 6, as amended) is amended to read:
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0002| "61-6-10. SUPERVISING PHYSICIAN--RESPONSIBILITY.--
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0003| A. As a condition of [registration and annual]
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0004| biennial licensure and renewal of registration of
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0005| supervision, all physician assistants practicing in New Mexico
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0006| shall inform the board of the physician under whose supervision
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0007| they will practice. All supervising physicians shall be
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0008| licensed under the Medical Practice Act and shall be approved
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0009| by the board.
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0010| B. Every physician [using] supervising [or
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employing a registered] a licensed physician assistant shall
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0012| be individually responsible and liable for the performance of
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0013| the acts and omissions delegated to the physician assistant.
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0014| Nothing in this section shall be construed to relieve the
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0015| physician assistant of any responsibility and liability for any
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0016| of his own acts and omissions.
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0017| C. No physician may have under his supervision more
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0018| than two [currently registered] physician assistants; except,
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0019| where a physician is working in a health facility providing
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0020| health service to the public primarily on a free or reduced fee
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0021| basis, [which] that is funded in whole or in part out of
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0022| public funds or the funds of private charitable institutions,
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0023| the board may authorize a greater number upon a finding that
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0024| the program provides adequate supervision of the physician
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0025| assistants.
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0001| D. The board shall establish rules and regulations
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0002| regarding the supervision of physician assistants by
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0003| physicians, but no rule or regulation shall prohibit a
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0004| physician assistant from providing services physically
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0005| separated from the supervising physician."
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0006| Section 8. Section 61-6-19 NMSA 1978 (being Laws 1989,
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0007| Chapter 269, Section 15, as amended) is amended to read:
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0008| "61-6-19. FEES.--
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0009| A. The board shall impose the following fees:
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0010| (1) an application fee not to exceed four
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0011| hundred dollars ($400) for licensure by endorsement as provided
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0012| in Section 61-6-13 NMSA 1978;
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0013| (2) an application fee not to exceed four
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0014| hundred dollars ($400) for licensure by examination as provided
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0015| in Section 61-6-11 NMSA 1978;
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0016| (3) an examination fee equal to the cost of
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0017| purchasing the examination plus an administration fee not to
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0018| exceed fifty percent of that cost;
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0019| (4) a triennial renewal fee not to exceed four
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0020| hundred fifty dollars ($450);
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0021| (5) a late fee not to exceed one hundred fifty
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0022| dollars ($150) for applicants who fail to renew their
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0023| [license] licenses within forty-five days of the required
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0024| renewal date;
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0025| (6) a late fee not to exceed two hundred
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0001| dollars ($200) for applicants who fail to renew their licenses
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0002| within ninety days of the required renewal date;
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0003| (7) a reinstatement fee not to exceed the
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0004| current application fee for reinstatement of a revoked,
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0005| suspended or inactive license;
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0006| (8) a reasonable administrative fee for
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0007| verification and duplication of license or registration and
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0008| copying of records;
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0009| (9) a reasonable publication fee for the
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0010| purchase of a publication containing the names of all
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0011| practitioners licensed under the Medical Practice Act;
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0012| (10) an impaired physician fee not to exceed
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0013| one hundred fifty dollars ($150) for a three-year period;
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0014| (11) an interim license fee not to exceed one
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0015| hundred dollars ($100);
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0016| (12) a temporary license fee not to exceed one
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0017| hundred dollars ($100);
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0018| (13) a postgraduate training license fee not
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0019| to exceed fifty dollars ($50.00) annually;
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0020| (14) an application fee not to exceed one
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0021| hundred fifty dollars ($150) for physician assistants applying
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0022| for initial [registration] licensure; and
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0023| (15) a [registration] license fee not to
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0024| exceed [seventy-five dollars ($75.00)] one hundred fifty
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0025| dollars ($150) for physician assistants [annually
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reregistering their certificate of registration] biennial
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0002| licensing and registration of supervising physician [and
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place of employment].
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0004| B. All fees are nonrefundable and shall be used by
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0005| the board to carry out its duties efficiently."
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0006| Section 9. Section 61-10A-4 NMSA 1978 (being Laws 1979,
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0007| Chapter 26, Section 4, as amended by Laws 1994, Chapter 57,
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0008| Section 15 and also by Laws 1994, Chapter 80, Section 13) is
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0009| amended to read:
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0010| "61-10A-4. [CERTIFICATION] LICENSURE AS OSTEOPATHIC
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0011| [PHYSICIAN'S] PHYSICIAN ASSISTANT--SCOPE OF AUTHORITY--
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0012| ANNUAL REGISTRATION OF EMPLOYMENT--EMPLOYMENT CHANGE.--
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0013| A. No person shall perform or attempt to perform as
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0014| an osteopathic [physician's] physician assistant without
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0015| first applying for and obtaining a [certificate of
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qualification] license from the board as an osteopathic
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0017| [physician's] physician assistant and having his
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0018| [employment] supervision registered in accordance with
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0019| board regulations. Osteopathic physician assistants who are
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0020| certified under the Osteopathic Physicians' Assistants Act as
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0021| of June 30, 1997 shall be considered to be licensed until the
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0022| expiration of that certification.
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0023| B. Osteopathic [physician's] physician
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0024| assistants may prescribe, administer and distribute dangerous
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0025| drugs other than controlled substances in Schedule I of the
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0001| Controlled Substances Act pursuant to regulations adopted by
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0002| the [New Mexico] board [of osteopathic medical examiners]
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0003| after consultation with the board of pharmacy, provided that
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0004| the prescribing, administering and distributing are done under
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0005| the direction of a supervising osteopathic physician and within
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0006| the parameters of a board-approved formulary and guidelines
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0007| established under Paragraph (3) of Subsection A of Section
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0008| 61-10A-6 NMSA 1978. The distribution process shall comply with
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0009| state laws concerning prescription packaging, labeling and
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0010| record keeping requirements. Osteopathic [physician's]
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0011| physician assistants shall not otherwise dispense dangerous
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0012| drugs or controlled substances.
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0013| C. An osteopathic [physician's] physician
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0014| assistant shall perform only those acts and duties assigned him
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0015| by a supervising osteopathic physician that are within the
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0016| scope of practice of the supervising osteopathic physician.
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0017| D. An applicant for a [certificate of
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qualification] license as an osteopathic [physician's]
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0019| physician assistant shall complete such application forms as
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0020| supplied by the board and pay a fee as provided in Section [6-
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10A-4.1] 61-10A-4.1 NMSA 1978. Upon [being certified]
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0022| licensing by the board, the applicant shall have his name and
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0023| address and other pertinent information enrolled by the board
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0024| on a roster of osteopathic [physician's] physician
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0025| assistants.
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0001| E. Each [certified] osteopathic [physician's]
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0002| physician assistant shall [annually] biennially submit
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0003| proof of completion of continuing education as required by the
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0004| board and register [his employment with the board, stating]
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0005| his name and current address, the name and office address of
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0006| [both his employer and] the supervising osteopathic physician
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0007| and such additional information as the board deems necessary.
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0008| Upon any change of [employment] supervision as an
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0009| osteopathic [physician's] physician assistant, [such
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registration] the registration of supervision shall
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0011| automatically be void. Each [annual] biennial registration
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0012| or registration of new [employment] supervision shall be
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0013| accompanied by a fee as provided in Section 61-10A-4.1 NMSA
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0014| 1978."
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0015| Section 10. Section 61-10A-4.1 NMSA 1978 (being Laws
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0016| 1989, Chapter 9, Section 8) is amended to read:
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0017| "61-10A-4.1. FEES.--Applicants shall pay the following
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0018| fees:
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0019| A. an initial [certification] license fee of
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0020| not to exceed one hundred fifty dollars ($150);
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0021| B. [an annual registration of certification] a
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0022| biennial license fee of not to exceed [fifty dollars
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($50.00)] one hundred dollars ($100);
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0024| C. a late fee not to exceed twenty-five dollars
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0025| ($25.00) for applicants who fail to register their
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0001| [certificates] licenses on or before July 1 of each year;
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0002| and
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0003| D. a registration of new [employment]
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0004| supervision fee [in an amount equal to the annual] equal
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0005| to one-half the biennial renewal fee."
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0006| Section 11. A new Section 61-10A-4.2 NMSA 1978 is enacted
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0007| to read:
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0008| "61-10A-4.2. [NEW MATERIAL] INACTIVE LICENSE.--
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0009| A. An osteopathic physician assistant who notifies
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0010| the board in writing on forms prescribed by the board may elect
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0011| to place his license on an inactive status. An osteopathic
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0012| physician assistant with an inactive license shall be excused
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0013| from payment of renewal fees and shall not practice as an
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0014| osteopathic physician assistant.
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0015| B. An osteopathic physician assistant who engages
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0016| in practice while his license is lapsed or on inactive status
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0017| is practicing without a license and is subject to discipline
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0018| pursuant to the Osteopathic Physicians' Assistants Act.
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0019| C. An osteopathic physician assistant requesting
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0020| restoration from inactive status shall pay the current renewal
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0021| fee and fulfill the requirement for renewal pursuant to the
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0022| Osteopathic Physicians' Assistants Act."
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0023| Section 12. A new Section 61-10A-4.3 NMSA 1978 is enacted
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0024| to read:
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0025| "61-10A-4.3. [NEW MATERIAL] EXEMPTION FROM LICENSURE.-
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0001| -
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0002| A. An osteopathic physician assistant student
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0003| enrolled in a physician assistant, osteopathic physician
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0004| assistant or surgeon assistant educational program accredited
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0005| by the committee on allied health education and accreditation
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0006| or by its successor shall be exempt from licensure while
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0007| functioning as an osteopathic physician assistant student.
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0008| B. An osteopathic physician assistant employed by
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0009| the federal government while performing duties incident to that
|
0010| employment is not required to be licensed as an osteopathic
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0011| physician assistant pursuant to the Osteopathic Physicians'
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0012| Assistants Act."
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0013| Section 13. Section 61-10A-6 NMSA 1978 (being Laws 1979,
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0014| Chapter 26, Section 6, as amended by Laws 1994, Chapter 57,
|
0015| Section 16 and also by Laws 1994, Chapter 80, Section 14) is
|
0016| amended to read:
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0017| "61-10A-6. RULES AND REGULATIONS.--
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0018| A. The board may adopt and enforce reasonable rules
|
0019| and regulations:
|
0020| (1) for setting qualifications of education,
|
0021| skill and experience for [certification] licensure of a
|
0022| person as an osteopathic [physician's] physician assistant
|
0023| and providing forms and procedures for [certificates of
|
qualification] licensure and for [annual] biennial
|
0025| registration of [employment] supervision;
|
0001| (2) for examining and evaluating applicants
|
0002| for [certificates of qualification] licensure as an
|
0003| osteopathic [physician's] physician assistant as to their
|
0004| skill, knowledge and experience in the field of medical care;
|
0005| (3) for establishing when and for how long an
|
0006| osteopathic [physician's] physician assistant is permitted
|
0007| to prescribe, administer and distribute dangerous drugs other
|
0008| than controlled substances in Schedule I of the Controlled
|
0009| Substances Act pursuant to regulations adopted by the [New
|
Mexico] board [of osteopathic medical examiners] after
|
0011| consultation with the board of pharmacy;
|
0012| (4) for allowing a supervising osteopathic
|
0013| physician to temporarily delegate his supervisory
|
0014| responsibilities for an osteopathic [physician's] physician
|
0015| assistant to another osteopathic physician;
|
0016| (5) for allowing an osteopathic
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0017| [physician's] physician assistant to temporarily serve
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0018| under the supervision of an osteopathic physician other than
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0019| the supervising osteopathic physician of record; and
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0020| (6) for the purpose of carrying out all other
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0021| provisions of the Osteopathic Physicians' Assistants Act.
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0022| B. The board shall not adopt any rule or regulation
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0023| allowing an osteopathic [physician's] physician assistant
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0024| to dispense dangerous drugs; to measure the powers, range or
|
0025| accommodative status of human vision; diagnose vision problems;
|
0001| prescribe lenses, prisms, vision training or contact lenses; or
|
0002| fit contact lenses. This section shall not preclude vision
|
0003| screening.
|
0004| C. The board shall establish rules and regulations
|
0005| regarding the supervision of osteopathic physician assistants
|
0006| by osteopathic physicians, but no rule or regulation shall
|
0007| prohibit an osteopathic physician assistant from providing
|
0008| services physically separated from the supervising licensed
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0009| osteopathic physician."
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0010| Section 14. EFFECTIVE DATE.--The effective date of the
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0011| provisions of this act is July 1, 1997.
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0012| State of New Mexico
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0013| House of Representatives
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0014|
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0015| FORTY-THIRD LEGISLATURE
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0016| FIRST SESSION, 1997
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0017|
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0018|
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0019| February 25, 1997
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0020|
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0021|
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0022| Mr. Speaker:
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0023|
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0024| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
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0025| whom has been referred
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0001|
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0002| HOUSE BILL 788
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0003|
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0004| has had it under consideration and reports same with
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0005| recommendation that it DO PASS, amended as follows:
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0006|
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0007| 1. On page 1, between lines 15 and 16, insert the following
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0008| new section:
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0009|
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0010| "Section 1. Section 61-6-6 NMSA 1978 (being Laws 1973,
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0011| Chapter 361, Section 1, as amended) is amended to read:
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0012| "61-6-6. DEFINITIONS.--As used in Chapter 61, Article 6
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0013| NMSA 1978:
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0014|
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0015| A. "acting in good faith" means acting without malice
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0016| as the primary motive or without knowledge or belief that one is
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0017| in error in taking a particular action;
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0018|
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0019| B. "board" means the New Mexico board of medical
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0020| examiners;
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0021|
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0022| C. "licensed physician" means a medical doctor
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0023| licensed under the Medical Practice Act to practice medicine in
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0024| New Mexico;
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0025|
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0001| D. "medical college or school in good standing" means
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0002| a board-approved medical college or school that has as high a
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0003| standard
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0004|
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0005| as that required by the association of American medical colleges
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0006| and the council on medical education of the American medical
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0007| association;
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0008|
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0009| E. "medical student" means a student enrolled in a
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0010| board-approved medical college or school in good standing;
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0011|
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0012| F. "person" means an individual or any legal entity
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0013| of any kind whatever;
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0014|
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0015| G. "physician assistant" means a skilled person
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0016| [registered] licensed by the board as being qualified by
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0017| academic and practical training to provide patient services under
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0018| the supervision and direction of the licensed physician who is
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0019| responsible for the performance of that assistant;
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0020|
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0021| H. "postgraduate year one" or "intern" means a first
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0022| year postgraduate student upon whom a degree of doctor of
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0023| medicine and surgery or equivalent degree has been conferred by a
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0024| medical college or school in good standing [approved by the
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board];
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0001|
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0002| I. "postgraduate year two through eight" or
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0003| "resident" means a graduate of a medical college or school in
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0004| good standing [approved by the board] who is in training in a
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0005| board-approved and accredited residency training program in a
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0006| hospital or facility affiliated with an approved hospital and who
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0007| has been appointed to the position of "resident" or "assistant
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0008| resident" for the purpose of postgraduate medical training;
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0009|
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0010| J. "the practice of medicine" consists of:
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0011|
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0012| (1) advertising, holding out to the public or
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0013| representing in any manner that one is authorized to practice
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0014| medicine in this state;
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0015|
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0016| (2) offering or undertaking to administer,
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0017| dispense or prescribe any drug or medicine for the use of any
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0018| other person, except as authorized pursuant to a professional or
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0019| occupational licensing statute set forth in Chapter 61 NMSA 1978;
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0020|
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0021| (3) offering or undertaking to give or
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0022| administer, dispense or prescribe any drug or medicine for the
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0023| use of any other person, except as directed by a licensed
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0024| physician;
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0025|
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0001| (4) offering or undertaking to perform any
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0002| operation or procedure upon any person;
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0003|
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0004| (5) offering or undertaking to diagnose, correct
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0005| or treat in any manner or by any means, methods, devices or
|
0006| instrumentalities any disease, illness, pain, wound, fracture,
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0007| infirmity, deformity, defect or abnormal physical or mental
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0008| condition of any person;
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0009|
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0010| (6) offering medical peer review, utilization
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0011| review or diagnostic service of any kind that directly influences
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0012| patient care, except as authorized pursuant to a professional or
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0013| occupational licensing statute set forth in Chapter 61 NMSA 1978;
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0014| or
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0015|
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0016| (7) acting as the representative or agent of any
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0017| person in doing any of the things listed in Paragraphs (1)
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0018| through (6) of this subsection;
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0019|
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0020| K. "sexual contact" means touching the primary
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0021| genital area, groin, anus, buttocks or breast of a patient or
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0022| allowing a patient to touch another's primary genital area,
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0023| groin, anus, buttocks or breast in a manner that is commonly
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0024| recognized as outside the scope of acceptable medical practice;
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0025|
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0001| L. "sexual penetration" means sexual intercourse,
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0002| cunnilingus, fellatio or anal intercourse, whether or not there
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0003| is any emission, or introducing any object into the genital or
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0004| anal openings of another in a manner that is commonly recognized
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0005| as outside the scope of acceptable medical practice; and
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0006|
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0007| M. "United States" means the fifty states, its
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0008| territories and possessions and the District of Columbia."".
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0009|
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0010| 2. Renumber succeeding sections accordingly.
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0011|
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0012| 3. On page 5, lines 7 and 8, strike "pursuant to the
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0013| Physician Assistant Act".
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0014|
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0015| 4. On page 8, line 3, strike "nominated to the board" and
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0016| insert in lieu thereof "chosen".
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0017|
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0018| 5. On page 8, line 3, after the second "board" insert "from
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0019| a list provided by the board".
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0020|
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0021| 6. On page 8, line 4, after "assistants." insert "All
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0022| physician assistants shall be eligible for inclusion on the
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0023| list.".
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0024|
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0025| 7. On page 10, line 17, after the period insert a quotation
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0001| mark.
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0002|
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0003| 8. On page 10, strike Subsection D in its entirety.
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0004|
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0005| 9. On page 18, line 13, after the period insert a quotation
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0006| mark.
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0007|
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0008| 10. On page 18, strike Subsection C in its entirety.,
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0009|
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0010| and thence referred to the JUDICIARY COMMITTEE.
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0011|
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0012| Respectfully submitted,
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0013|
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0014|
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0015|
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0016|
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0017|
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0018| Gary King, Chairman
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0019|
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0020|
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0021| Adopted Not Adopted
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0022|
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0023| (Chief Clerk) (Chief Clerk)
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0024|
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0025| Date
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0001|
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0002| The roll call vote was 7 For 0 Against
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0003| Yes: 7
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0004| Excused: Crook, Rios, Vigil
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0005| Absent: None
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0006|
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0007|
|
0008| .117537.1
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0009| G:\BILLTEXT\BILLW_97\H0788 State of New Mexico
|
0010| House of Representatives
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0011|
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0012| FORTY-THIRD LEGISLATURE
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0013| FIRST SESSION, 1997
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0014|
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0015|
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0016| March 10, 1997
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0017|
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0018|
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0019| Mr. Speaker:
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0020|
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0021| Your JUDICIARY COMMITTEE, to whom has been referred
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0022|
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0023| HOUSE BILL 788, as amended
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0024|
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0025| has had it under consideration and reports same with
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0001| recommendation that it DO PASS.
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0002|
|
0003| Respectfully submitted,
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0004|
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0005|
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0006|
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0007|
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0008|
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0009| Thomas P. Foy, Chairman
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0010|
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0011|
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0012| Adopted Not Adopted
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0013|
|
0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016| Date
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0017|
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0018| The roll call vote was 11 For 0 Against
|
0019| Yes: 11
|
0020| Excused: King, Rios
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0021| Absent: None
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0022|
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0023|
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0024| G:\BILLTEXT\BILLW_97\H0788
|
0025|
|
0001| FORTY-THIRD LEGISLATURE
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0002| FIRST SESSION, 1997
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0003|
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0004|
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0005| March 17, 1997
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0006|
|
0007| Mr. President:
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0008|
|
0009| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
|
0010| referred
|
0011|
|
0012| HOUSE BILL 788, as amended
|
0013|
|
0014| has had it under consideration and reports same with
|
0015| recommendation that it DO PASS.
|
0016|
|
0017| Respectfully submitted,
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0018|
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0019|
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0020|
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0021|
|
0022| __________________________________
|
0023| Shannon Robinson, Chairman
|
0024|
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0025|
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0001|
|
0002| Adopted_______________________ Not
|
0003| Adopted_______________________
|
0004| (Chief Clerk) (Chief Clerk)
|
0005|
|
0006|
|
0007| Date ________________________
|
0008|
|
0009|
|
0010| The roll call vote was 5 For 0 Against
|
0011| Yes: 5
|
0012| No: 0
|
0013| Excused: Boitano, Ingle, Vernon, Rodarte,
|
0014| Absent: 0
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0015|
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0016|
|
0017| H0788PA1
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0018|
|