HOUSE BILL 266
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Jenifer Jones and Elizabeth "Liz" Thomson
FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
AN ACT
RELATING TO LICENSURE; AMENDING THE PHYSICIAN ASSISTANT ACT TO ELIMINATE CERTAIN REQUIREMENTS REGARDING THE SUPERVISION OF PHYSICIAN ASSISTANTS BY PHYSICIANS; REPEALING SECTION 61-6C-8 NMSA 1978 (BEING LAWS 1973, CHAPTER 361, SECTION 6, AS AMENDED).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-6-19 NMSA 1978 (being Laws 1989, Chapter 269, Section 15, as amended) is amended to read:
"61-6-19. FEES.--
A. Except as provided in Section 61-1-34 NMSA 1978, the board shall impose the following fees:
(1) an application fee not to exceed five hundred dollars ($500) for licensure by endorsement as provided in Section 61-6-13 NMSA 1978;
(2) an application fee not to exceed five hundred dollars ($500) for licensure by examination as provided in Section 61-6-11 NMSA 1978;
(3) a triennial renewal fee not to exceed five hundred dollars ($500);
(4) a fee of twenty-five dollars ($25.00) for placing a physician's license or a physician assistant's license on inactive status;
(5) a late fee not to exceed one hundred dollars ($100) for physicians who renew their license within forty-five days after the required renewal date;
(6) a late fee not to exceed two hundred dollars ($200) for physicians who renew their licenses between forty-six and ninety days after the required renewal date;
(7) a reinstatement fee not to exceed seven hundred dollars ($700) for reinstatement of a revoked, suspended or inactive license;
(8) a reasonable administrative fee for verification and duplication of license or registration and copying of records;
(9) a reasonable publication fee for the purchase of a publication containing the names of all practitioners licensed under the Medical Practice Act;
(10) an impaired physician fee not to exceed one hundred fifty dollars ($150) for a three-year period;
(11) an interim license fee not to exceed one hundred dollars ($100);
(12) a temporary license fee not to exceed one hundred dollars ($100);
(13) a postgraduate training license fee not to exceed fifty dollars ($50.00) annually;
(14) an application fee not to exceed one hundred fifty dollars ($150) for physician assistants applying for initial licensure;
(15) a licensure fee not to exceed one hundred fifty dollars ($150) for physician assistants biennial license renewal [and registration of supervising or collaborating licensed physician];
(16) a late fee not to exceed fifty dollars ($50.00) for physician assistants who renew their licensure within forty-five days after the required renewal date;
(17) a late fee not to exceed seventy-five dollars ($75.00) for physician assistants who renew their licensure between forty-six and ninety days after the required renewal date;
(18) a reinstatement fee not to exceed one hundred dollars ($100) for physician assistants who reinstate an expired license;
(19) a fee not to exceed three hundred dollars ($300) annually for a physician supervising a clinical pharmacist;
(20) an application and renewal fee for a telemedicine license not to exceed nine hundred dollars ($900);
(21) a reasonable administrative fee, not to exceed the current cost of application and license or renewal for a license, that may be charged for reprocessing applications and renewals that include minor but significant errors and that would otherwise be subject to investigation and possible disciplinary action; and
(22) a reasonable fee as established by the department of public safety for nationwide and statewide criminal history screening of applicants and licensees.
B. All fees are nonrefundable and shall be used by the board to carry out its duties efficiently."
SECTION 2. Section 61-6C-3 NMSA 1978 (being Laws 2022, Chapter 39, Section 31) is amended to read:
"61-6C-3. LICENSURE AS A PHYSICIAN ASSISTANT--SCOPE OF PRACTICE--BIENNIAL REGISTRATION OF SUPERVISION--LICENSE RENEWAL--FEES.--
A. The board may license as a physician assistant a qualified person who has graduated from a physician assistant program accredited by the national accrediting body as established by rule of the board in accordance with the State Rules Act and has passed a physician assistant national certifying examination as established by rule. The board may also license as a physician assistant a person who passed the physician assistant national certifying examination administered by the national commission on certification of physician assistants prior to 1986.
B. A person shall not perform, attempt to perform or hold the person's own self out as a physician assistant without first applying for and obtaining a license from the board.
C. Physician assistants may prescribe, administer, dispense and distribute dangerous drugs other than controlled substances in Schedule I of the Controlled Substances Act pursuant to rules adopted by the board after consultation with the board of pharmacy [if the prescribing, administering, dispensing and distributing are done with the supervision of a licensed physician or in collaboration with a licensed physician]. The distribution process shall comply with state laws concerning prescription packaging, labeling and recordkeeping requirements.
D. A physician assistant shall perform only the acts and duties that are within the physician assistant's scope of practice.
E. An applicant for licensure as a physician assistant shall complete application forms supplied by the board and shall pay a licensing fee as provided in Section 61-6-19 NMSA 1978.
F. A physician assistant shall biennially submit proof of current certification by the national commission on certification of physician assistants or another certifying agency designated by the board [and shall renew the license and registration of supervision of the physician assistant with the board].
G. A physician assistant [shall not practice medicine until the physician assistant has established a supervising or collaborating relationship with a licensed physician in accordance with rules promulgated by the board] may practice independently and make decisions regarding the health care needs of a patient and carry out health regimens, including the prescription and distribution of dangerous drugs other than controlled substances in Schedule I of the Controlled Substances Act.
H. Each biennial renewal of licensure shall be accompanied by a fee as provided in Section 61-6-19 NMSA 1978."
SECTION 3. Section 61-6C-7 NMSA 1978 (being Laws 1973, Chapter 361, Section 5, as amended) is amended to read:
"61-6C-7. PHYSICIAN ASSISTANTS--RULES.--The board may promulgate rules in accordance with the State Rules Act and enforce those rules in accordance with the Uniform Licensing Act for:
A. education, skill and experience for licensure of a person as a physician assistant and providing forms and procedures for biennial license renewal;
B. examining and evaluating an applicant for licensure as a physician assistant as to skill, knowledge and experience of the applicant in the field of medical care;
C. establishing when and for how long physician assistants are permitted to prescribe, administer, dispense and distribute dangerous drugs other than controlled substances in Schedule I of the Controlled Substances Act pursuant to rules adopted by the board after consultation with the board of pharmacy; and
[D. Allowing a supervising or collaborating licensed physician to temporarily delegate supervision or collaboration responsibilities for a physician assistant to another licensed physician;
E. Establishing when a physician assistant may engage in the practice of medicine in collaboration with a licensed physician; and
F.] D. carrying out all other provisions of the Physician Assistant Act."
SECTION 4. REPEAL.--Section 61-6C-8 NMSA 1978 (being Laws 1973, Chapter 361, Section 6, as amended) is repealed.
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