0001| SENATE BILL 653
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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| TIMOTHY Z. JENNINGS
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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 MEDICINE; AMENDING THE MEDICAL PRACTICE ACT;
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0012| PROVIDING GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF
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0013| LICENSES; PRESCRIBING CERTAIN LICENSE FEE CATEGORIES;
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0014| INCREASING FEES.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 61-6-15 NMSA 1978 (being Laws 1969,
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0018| Chapter 46, Section 6, as amended) is amended to read:
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0019| "61-6-15. LICENSE MAY BE REFUSED, REVOKED OR
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0020| SUSPENDED--LICENSEE MAY BE FINED, CENSURED OR REPRIMANDED--
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0021| PROCEDURE--PRACTICE AFTER SUSPENSION OR REVOCATION--PENALTY--
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0022| UNPROFESSIONAL AND DISHONORABLE CONDUCT DEFINED--FEES AND
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0023| EXPENSES--NOTICE OF CLAIM.--
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0024| A. The board may refuse to license and may revoke
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0025| or suspend any license that has been issued by the board or any
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0001| previous board and may fine, censure or reprimand any licensee
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0002| upon satisfactory proof being made to the board that the
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0003| applicant for or holder of the license has been guilty of
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0004| unprofessional or dishonorable conduct. The board may also
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0005| refuse to license an applicant who is unable to practice
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0006| medicine, pursuant to Section 61-7-3 NMSA 1978. All
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0007| proceedings shall be as required by the Uniform Licensing Act
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0008| or the Impaired [Physician] Health Care Provider Act.
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0009| B. The board may, in its discretion and for good
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0010| cause shown, place the licensee on probation on such terms and
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0011| conditions as it deems proper for protection of the public
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0012| [and] or for the purpose of the rehabilitation of the
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0013| probationer, or both. Upon expiration of the term of
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0014| probation, if a term is set, further proceedings may be abated
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0015| by the board if the holder of the license furnishes the board
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0016| with evidence that the physician is competent to practice
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0017| medicine, is of good moral character and has complied with the
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0018| terms of probation.
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0019| C. If evidence fails to establish to the
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0020| satisfaction of the board that the licensee is competent and is
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0021| of good moral character or if evidence shows that he has not
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0022| complied with the terms of probation, the board may revoke or
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0023| suspend the license forthwith. If a license to practice
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0024| medicine in this state is suspended, the holder of the license
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0025| may not practice during the term of suspension; and any person
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0001| whose license has been revoked or suspended by the board and
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0002| who thereafter practices or attempts or offers to practice
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0003| medicine in New Mexico, unless the period of suspension has
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0004| expired or been modified by the board or the physician's
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0005| license reinstated, is guilty of a felony and shall be punished
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0006| as provided in Section 61-6-20 NMSA 1978.
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0007| D. "Unprofessional or dishonorable conduct", as
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0008| used in this section, means among other things, but not limited
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0009| to because of enumeration:
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0010| (1) procuring, aiding or abetting a criminal
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0011| abortion;
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0012| (2) employing any person to solicit patients
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0013| for the physician;
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0014| (3) representing to a patient that a
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0015| manifestly incurable condition of sickness, disease or injury
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0016| can be cured;
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0017| (4) obtaining any fee by fraud or
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0018| misrepresentation;
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0019| (5) willfully or negligently divulging a
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0020| professional confidence;
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0021| (6) conviction of any offense punishable by
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0022| incarceration in a state penitentiary or federal prison. A
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0023| copy of the record of conviction, certified by the clerk of the
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0024| court entering the conviction, is conclusive evidence;
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0025| (7) habitual or excessive use of intoxicants
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0001| or drugs;
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0002| (8) fraud or misrepresentation in applying for
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0003| or procuring a license to practice in this state or in
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0004| connection with applying for or procuring renewal, including
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0005| cheating on or attempting to subvert the licensing
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0006| examinations;
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0007| (9) making false or misleading statements
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0008| regarding the physician's skill or the efficacy or value of the
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0009| medicine, treatment or remedy prescribed or administered by the
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0010| physician or at the physician's direction in the treatment of
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0011| any disease or other condition of the human body or mind;
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0012| (10) impersonating another person licensed to
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0013| practice medicine, permitting or allowing any person to use the
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0014| physician's license or certificate of registration or
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0015| practicing medicine under a false or assumed name;
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0016| (11) aiding or abetting the practice of
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0017| medicine by a person not licensed by the board;
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0018| (12) gross negligence in the practice of
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0019| medicine;
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0020| (13) manifest incapacity or incompetence to
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0021| practice medicine;
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0022| (14) [the] discipline imposed on a licensee
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0023| to practice medicine by another state, including probation,
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0024| suspension or revocation [by another state of a license to
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practice medicine], based upon acts by the licensee similar to
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0001| acts described in this section. A certified copy of the record
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0002| of suspension or revocation of the state making the suspension
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0003| or revocation is conclusive evidence;
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0004| (15) the use of any false, fraudulent or
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0005| deceptive statement in any document connected with the practice
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0006| of medicine;
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0007| (16) fee splitting;
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0008| (17) the prescribing, administering or
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0009| dispensing of narcotic, stimulant or hypnotic drugs for other
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0010| than accepted therapeutic purposes;
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0011| (18) conduct likely to deceive, defraud or
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0012| harm the public;
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0013| (19) repeated similar negligent acts;
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0014| (20) employing abusive billing practices;
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0015| (21) failure to report to the board any
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0016| adverse action taken against the physician by:
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0017| (a) another licensing jurisdiction;
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0018| (b) any peer review body;
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0019| (c) any health care entity;
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0020| (d) any professional or medical society
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0021| or association;
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0022| (e) any governmental agency;
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0023| (f) any law enforcement agency; or
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0024| (g) any court for acts or conduct
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0025| similar to acts or conduct that would constitute grounds for
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0001| action as defined in this section;
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0002| (22) failure to report to the board surrender
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0003| of a license or other authorization to practice medicine in
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0004| another state or jurisdiction or surrender of membership on any
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0005| medical staff or in any medical or professional association or
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0006| society following, in lieu of and while under disciplinary
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0007| investigation by any of those authorities or bodies for acts or
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0008| conduct similar to acts or conduct that would constitute
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0009| grounds for action as defined in this section;
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0010| (23) failure to furnish the board, its
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0011| investigators or representatives with information requested by
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0012| the board;
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0013| (24) abandonment of patients;
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0014| (25) being found mentally incompetent or
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0015| insane by a court of competent jurisdiction;
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0016| (26) injudicious prescribing, administering or
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0017| dispensing of any drug or medicine;
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0018| (27) failure to adequately supervise, as
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0019| provided by board regulation, a medical or surgical assistant
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0020| or technician or professional licensee who renders health care;
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0021| (28) intentionally engaging in sexual contact
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0022| or sexual penetration with a patient other than one's spouse
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0023| after representing or inferring that such activity is a
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0024| legitimate part of the patient's treatment; [and]
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0025| (29) conduct unbecoming in a person licensed
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0001| to practice medicine or detrimental to the best interests of
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0002| the public; and
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0003| (30) the surrender of a license to practice
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0004| medicine or withdrawal of an application for a license to
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0005| practice medicine before another state licensing board while
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0006| disciplinary action is pending before that board for acts or
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0007| conduct similar to acts or conduct that would constitute
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0008| grounds for action as provided for in this section.
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0009| E. As used in this section, "fee splitting"
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0010| includes offering, delivering, receiving or accepting any
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0011| unearned rebate, refunds, commission preference, patronage
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0012| dividend, discount or other unearned consideration, whether in
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0013| the form of money or otherwise, as compensation or inducement
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0014| for referring patients, clients or customers to any person,
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0015| irrespective of any membership, proprietary interest or co-
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0016| ownership in or with any person to whom the patients, clients
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0017| or customers are referred.
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0018| F. Licensees shall bear all costs of disciplinary
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0019| proceedings unless exonerated.
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0020| G. Licensees whose licenses are in a probationary
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0021| status shall pay reasonable expenses for maintaining
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0022| probationary status, including but not limited to laboratory
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0023| costs when laboratory testing of biological fluids are included
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0024| as a condition of probation.
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0025| H. For the purpose of investigating the competence
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0001| of medical practitioners covered by the Medical Practice Act
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0002| who practice medicine in the state of New Mexico, any entity
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0003| issuing professional liability insurance to physicians or
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0004| indemnifying physicians for professional liability in New
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0005| Mexico shall report to the board all settlements or judgments
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0006| against licensed physicians, whether they are tried in court or
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0007| settled out of court."
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0008| Section 2. Section 61-6-11 NMSA 1978 (being Laws 1923,
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0009| Chapter 44, Section 3, as amended) is amended to read:
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0010| "61-6-11. LICENSURE.--
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0011| A. The board may admit to examination for license
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0012| any person who is of good moral character and is a graduate
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0013| of a medical college or school in good standing as defined in
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0014| Subsection D of Section 61-6-6 NMSA 1978 and who has completed
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0015| two years of postgraduate training.
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0016| B. One year of postgraduate medical training may be
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0017| accepted by the board if the applicant was an intern in a
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0018| board-approved program from July 1, 1993 through June 30, 1994
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0019| and if the applicant applies to the board for licensure before
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0020| July 1, 1995. All postgraduate training shall be approved by
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0021| the board.
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0022| C. An applicant who has not completed two years of
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0023| postgraduate medical training, but who otherwise meets all
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0024| other licensing requirements, may present evidence to the board
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0025| of the applicant's other professional experience for
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0001| consideration by the board in lieu of postgraduate medical
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0002| training. The board shall, in its sole discretion, determine
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0003| if the professional experience is substantially equivalent to
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0004| the required postgraduate medical training.
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0005| D. The board may administer a board-approved
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0006| licensing examination. The board shall determine a grade
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0007| constituting successful completion of the exam.
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0008| E. Alternatively, the board may issue a license to
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0009| any applicant successfully completing an examination accepted
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0010| by the board as administered in this or another state.
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0011| F. A graduate of a medical college located outside
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0012| the United States may be granted a license to practice medicine
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0013| in New Mexico, provided the applicant presents evidence to the
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0014| board that the applicant is a person of good moral character
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0015| and is in compliance with the United States immigration laws
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0016| and provided that the applicant presents satisfactory evidence
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0017| to the board that the applicant has successfully passed an
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0018| examination as required by the board and has successfully
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0019| completed two years of postgraduate medical training in a
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0020| board-approved program.
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0021| G. All applicants for licensure by examination
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0022| shall personally appear before the board or a designated member
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0023| of the board for an interview.
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0024| H. Every applicant for licensure under this section
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0025| shall pay the fees required by Section 61-6-19 NMSA 1978."
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0001| Section 3. Section 61-6-19 NMSA 1978 (being Laws 1989,
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0002| Chapter 269, Section 15, as amended) is amended to read:
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0003| "61-6-19. FEES.--
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0004| A. The board shall impose the following fees:
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0005| (1) an application fee not to exceed four
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0006| hundred dollars ($400) for licensure by endorsement as provided
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0007| in Section 61-6-13 NMSA 1978;
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0008| (2) an application fee not to exceed four
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0009| hundred dollars ($400) for licensure by examination as provided
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0010| in Section 61-6-11 NMSA 1978;
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0011| (3) an examination fee equal to the cost of
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0012| purchasing the examination plus an administration fee not to
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0013| exceed fifty percent of that cost;
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0014| (4) a triennial renewal fee not to exceed four
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0015| hundred fifty dollars ($450);
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0016| (5) a fee of twenty-five dollars ($25.00) for
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0017| placing a physician's license on inactive status;
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0018| (6) a late fee not to exceed one hundred
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0019| dollars ($100) for licensees who fail to renew their license
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0020| within forty-five days after the required renewal date;
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0021| [(5)] (7) a late fee not to exceed [one
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hundred fifty dollars ($150)] two hundred dollars ($200) for
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0023| [applicants] licensees who fail to renew their [license
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within forty-five] licenses from forty-six days [of] to
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0025| ninety days after the required renewal date;
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0001| [(6) a late fee not to exceed two hundred
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dollars ($200) for applicants who fail to renew their licenses
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within ninety days of the renewal date;
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(7)] (8) a reinstatement fee not to exceed
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0005| the current application fee for reinstatement of a revoked,
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0006| suspended or inactive license;
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0007| [(8)] (9) a reasonable administrative fee
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0008| for verification and duplication of license or registration and
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0009| copying of records;
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0010| [(9)] (10) a reasonable publication fee
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0011| for the purchase of a publication containing the names of all
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0012| practitioners licensed under the Medical Practice Act;
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0013| [(10)] (11) an impaired physician fee not
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0014| to exceed one hundred fifty dollars ($150) for a three-year
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0015| period;
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0016| [(11)] (12) an interim license fee not to
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0017| exceed one hundred dollars ($100);
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0018| [(12)] (13) a temporary license fee not to
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0019| exceed one hundred dollars ($100);
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0020| [(13)] (14) a postgraduate training
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0021| license fee not to exceed fifty dollars ($50.00) annually;
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0022| [(14)] (15) an application fee not to
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0023| exceed one hundred fifty dollars ($150) for physician
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0024| assistants applying for initial registration; [and
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(15)] (16) a registration fee not to exceed
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0001| seventy-five dollars ($75.00) for physician assistants annually
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0002| reregistering their certificate of registration, supervising
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0003| physician and place of employment;
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0004| (17) a late fee not to exceed fifty dollars
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0005| ($50.00) for physician assistants who fail to renew their
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0006| registration within forty-five days after the required renewal
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0007| date; and
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0008| (18) a late fee not to exceed seventy-five
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0009| dollars ($75.00) for physician assistants who fail to renew
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0010| their registration from forty-six days to ninety days after the
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0011| required renewal date.
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0012| B. All fees are nonrefundable and shall be used by
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0013| the board to carry out its duties efficiently."
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0014| - 12 -
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0015|
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0016| FORTY-THIRD LEGISLATURE
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0017| FIRST SESSION, 1997 SB 653/a
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0018|
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0019|
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0020| February 24, 1997
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0021|
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0022| Mr. President:
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0023|
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0024| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0025| referred
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0001|
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0002| SENATE BILL 653
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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 9, line 5, after "applicant" insert "of good
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0008| moral character and after".
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0009|
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0010| 2. On page 10, line 13, after "license" insert "or a
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0011| physician assistant's license".
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0012|
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0013| 3. On page 11, line 19, strike "registration" and insert in
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0014| lieu thereof "licensure".
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0015|
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0016| 4. On page 11, line 20, strike "registration" and insert in
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0017| lieu thereof "licensure".
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0018|
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0019| 5. On page 11, line 21, strike "seventy-five dollars
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0020| ($75.00)" and insert in lieu thereof "one hundred fifty dollars
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0021| ($150)".
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0022|
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0023| 6. On page 11, line 21, strike "annually" and strike lines
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0024| 22 and 23 in their entirety and insert in lieu thereof "biennial
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0025| licensing and registration of supervising physician;".
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0001|
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0002| 7. On page 12, line 1, strike "registration" and insert in
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0003| lieu thereof "licensure".
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0004|
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0005| 8. On page 12, line 5, strike "registration" and insert in
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0006| lieu thereof "licensure".
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0007|
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0008|
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0009|
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0010|
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0011|
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0012|
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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| 9. On page 12, between lines 6 and 7, insert the following:
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0018|
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0019| "(19) a fee not to exceed three hundred dollars ($300)
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0020| annually for a physician supervising a clinical pharmacist.".,
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0021|
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0022| and thence referred to the FINANCE COMMITTEE.
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0023|
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0024| Respectfully submitted,
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0025|
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0001|
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0002|
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0003|
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0004| __________________________________
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0005| Shannon Robinson, Chairman
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0006|
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0007|
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0008|
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0009| Adopted_______________________ Not
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0010| Adopted_______________________
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013|
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0014| Date ________________________
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0015|
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0016|
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0017| The roll call vote was 8 For 0 Against
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0018| Yes: 8
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0019| No: 0
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0020| Excused: Vernon
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0021| Absent: None
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0022|
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0023|
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0024|
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0025|
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0001|
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0002| S0653PA1 .117538.1/a
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0003|
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0004|
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0005|
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0006| FORTY-THIRD LEGISLATURE
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0007| FIRST SESSION, 1997 SB 653/a
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0008|
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0009|
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0010| February 24, 1997
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0011|
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0012| Mr. President:
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0013|
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0014| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0015| referred
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0016|
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0017| SENATE BILL 653
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO PASS, amended as follows:
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0021|
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0022| 1. On page 9, line 5, after "applicant" insert "of good
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0023| moral character and after".
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0024|
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0025| 2. On page 10, line 13, after "license" insert "or a
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0001| physician assistant's license".
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0002|
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0003| 3. On page 11, line 19, strike "registration" and insert in
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0004| lieu thereof "licensure".
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0005|
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0006| 4. On page 11, line 20, strike "registration" and insert in
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0007| lieu thereof "licensure".
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0008|
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0009| 5. On page 11, line 21, strike "seventy-five dollars
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0010| ($75.00)" and insert in lieu thereof "one hundred fifty dollars
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0011| ($150)".
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0012|
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0013| 6. On page 11, line 21, strike "annually" and strike lines
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0014| 22 and 23 in their entirety and insert in lieu thereof "biennial
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0015| licensing and registration of supervising physician;".
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0016|
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0017| 7. On page 12, line 1, strike "registration" and insert in
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0018| lieu thereof "licensure".
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0019|
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0020| 8. On page 12, line 5, strike "registration" and insert in
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0021| lieu thereof "licensure".
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0022|
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0023|
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0024|
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0025|
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0001|
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0002|
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0003|
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0004|
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0005|
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0006|
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0007| 9. On page 12, between lines 6 and 7, insert the following:
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0008|
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0009| "(19) a fee not to exceed three hundred dollars ($300)
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0010| annually for a physician supervising a clinical pharmacist.".,
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0011|
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0012| and thence referred to the FINANCE COMMITTEE.
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0013|
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0014| Respectfully submitted,
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0015|
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0016|
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0017|
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0018|
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0019| __________________________________
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0020| Shannon Robinson, Chairman
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0021|
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0022|
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0023|
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0024| Adopted_______________________ Not
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0025| Adopted_______________________
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0001| (Chief Clerk) (Chief Clerk)
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0002|
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0003|
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0004| Date ________________________
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0005|
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0006|
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0007| The roll call vote was 8 For 0 Against
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0008| Yes: 8
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0009| No: 0
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0010| Excused: Vernon
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0011| Absent: None
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0012|
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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| S0653PA1 .117538.1/a
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0018|
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0019|
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0020|
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0021| FORTY-THIRD LEGISLATURE SB 653/a
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0022| FIRST SESSION, 1997
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0023|
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0024|
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0025| March 6, 1997
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0001|
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0002| Mr. President:
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0003|
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0004| Your FINANCE COMMITTEE, to whom has been referred
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0005|
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0006| SENATE BILL 653, as amended
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0007|
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0008| has had it under consideration and reports same with
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0009| recommendation that it DO PASS, amended as follows:
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0010|
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0011| 1. On page 9, between lines 21 and 22, insert the following
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0012| new section:
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0013|
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0014| "Section 3. Section 61-6-17 NMSA 1978 (being Laws 1973,
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0015| Chapter 361, Section 8, as amended) is amended to read:
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0016|
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0017| "61-6-17. EXCEPTIONS TO ACT.--The Medical Practice Act
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0018| shall not apply to or affect:
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0019|
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0020| A. gratuitous services rendered in cases of emergency;
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0021|
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0022| B. the domestic administration of family remedies;
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0023|
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0024| C. the practice of midwifery as regulated in this
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0025| state;
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0001|
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0002| D. commissioned medical officers of the armed forces of
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0003| the United States and medical officers of the United States
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0004| public health service or the veterans administration of the
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0005| United States in the discharge of their official duties or within
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0006| federally controlled facilities, provided that such persons who
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0007| hold medical licenses in
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0008|
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0009| New Mexico shall be subject to the provisions of the Medical
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0010| Practice Act and provided that all such persons shall be fully
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0011| licensed to practice medicine in one or more jurisdictions of the
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0012| United States;
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0013|
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0014| E. the practice of medicine by a physician, unlicensed
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0015| in New Mexico, who performs emergency medical procedures in air
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0016| or ground transportation of a patient from inside of New Mexico
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0017| to another state or back, provided that the physician is duly
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0018| licensed in that state;
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0019|
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0020| F. the practice, as defined and limited under their
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0021| respective licensing laws, of:
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0022|
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0023| (1) osteopathy;
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0024|
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0025| (2) dentistry;
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0001|
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0002| (3) podiatry;
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0003|
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0004| (4) nursing;
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0005|
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0006| (5) optometry;
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0007|
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0008| (6) psychology;
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0009|
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0010| (7) chiropractic;
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0011|
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0012| (8) pharmacy;
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0013|
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0014| (9) acupuncture and oriental medicine; or
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0015|
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0016| (10) physical therapy;
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0017|
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0018| G. any act, task or function performed by a physician
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0019| assistant at the direction of and under the supervision of a
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0020| licensed physician, when:
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0021|
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0022| (1) the assistant is registered and has annually
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0023| renewed his registration with the board as one qualified by
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0024| training or experience to function as an assistant to a
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0025| physician;
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0001|
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0002| (2) the act, task or function is performed at the
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0003| direction of and under the supervision of a licensed physician in
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0004| accordance with rules and regulations promulgated by the board;
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0005| and
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0006|
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0007| (3) the acts of the physician assistant are within
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0008| the scope of duties assigned or delegated by the supervising
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0009| licensed physician and the acts are within the scope of the
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0010| assistant's training;
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0011|
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0012| H. any act, task or function of laboratory technicians
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0013| or technologists, x-ray technicians, nurse practitioners, medical
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0014| or surgical assistants or other technicians or qualified persons
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0015| permitted by law or established by custom as part of the duties
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0016| delegated to them by:
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0017|
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0018| (1) a licensed physician or a hospital, clinic or
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0019| institution licensed or approved by the public health division of
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0020| the department of health or an agency of the federal government;
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0021| or
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0022|
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0023| (2) a health care program operated or financed by
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0024| an agency of the state or federal government;
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0025|
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0001| I. a properly trained medical or surgical assistant or
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0002| technician or professional licensee performing under the
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0003| physician's employment and direct supervision or a visiting
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0004| physician or surgeon operating under the physician's direct
|
0005| supervision any medical act that a reasonable and prudent
|
0006| physician would find within the scope of sound medical judgment
|
0007| to delegate if, in the opinion of the delegating physician, the
|
0008| act can be properly and safely performed in its customary manner
|
0009| and if the person does not hold himself out to the public as
|
0010| being authorized to practice medicine in New Mexico. The
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0011| delegating physician shall remain responsible for the medical
|
0012| acts of the person performing the delegated medical acts; and
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0013|
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0014| J. the practice of the religious tenets of any church
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0015| in the ministration to the sick or suffering by mental or
|
0016| spiritual means as provided by law; provided that the Medical
|
0017| Practice Act shall not be construed to exempt any person from the
|
0018| operation or enforcement of the sanitary and quarantine laws of
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0019| the state."".
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0020|
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0021| 2. Renumber the succeeding section accordingly.
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0022|
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0023|
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0024|
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0025|
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0001| Respectfully submitted,
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0002|
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0003|
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0004|
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0005|
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0006| __________________________________
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0007| Ben D. Altamirano, Chairman
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0008|
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0009|
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0010|
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0011|
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0012|
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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| Adopted_______________________ Not
|
0019| Adopted_______________________
|
0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022|
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0023| Date ________________________
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0024|
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0025|
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0001| The roll call vote was 7 For 0 Against
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0002| Yes: 7
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0003| No: None
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0004| Excused: Aragon, Carraro, Lyons, McKibben
|
0005| Absent: None
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0006|
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0007|
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0008| S0653FC1
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0009|
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