46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO DENTISTRY; CLARIFYING THE APPLICATION OF THE DENTAL HEALTH CARE ACT TO MEDICAID AND CERTAIN SECTIONS OF THE NEW MEXICO INSURANCE CODE; AMENDING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 27-2-12 NMSA 1978 (being Laws 1973, Chapter 376, Section 16, as amended) is amended to read:
"27-2-12. MEDICAL ASSISTANCE PROGRAMS.--Consistent with
the federal act and subject to the appropriation and
availability of federal and state funds, the medical assistance
division of the human services department may by regulation
provide medical assistance, including the services of licensed
doctors of oriental medicine, [and] licensed [chiropractors]
chiropractic physicians and licensed dental hygienists in
collaborative practice, to persons eligible for public
assistance programs under the federal act."
Section 2. Section 59A-22-32 NMSA 1978 (being Laws 1984, Chapter 127, Section 454, as amended) is amended to read:
"59A-22-32. FREEDOM OF CHOICE OF HOSPITAL AND PRACTITIONER.--
A. Within the area and limits of coverage offered
an insured and selected by him in the application for
insurance, the right of any person to exercise full freedom of
choice in the selection of any hospital for hospital care or of
any practitioner of the healing arts or optometrist,
psychologist, podiatrist, certified nurse-midwife, registered
lay midwife or registered nurse in expanded practice, as
defined in Subsection B of this section, for treatment of any
illness or injury within his scope of practice shall not be
restricted under any new policy of health insurance, contract
or health care plan issued after June 30, 1967 in this state or
in the processing of any claim thereunder. Any person insured
or claiming benefits under any such health insurance policy,
contract or health care plan providing within its coverage for
payment of service benefits or indemnity for hospital care or
treatment of persons for the cure or correction of any physical
or mental condition shall be deemed to have complied with the
requirements of the policy, contract or health care plan as to
submission of proof of loss upon submitting written proof
supported by the certificate of any hospital currently licensed
by the [health and environment] department of health or any
practitioner of the healing arts or optometrist, psychologist,
podiatrist, certified nurse-midwife, registered lay midwife or
registered nurse in expanded practice.
B. As used in this section:
(1) "hospital care" means hospital service
provided through a hospital [which] that is maintained by the
state or any political subdivision of the state or any place
[which] that is currently licensed as a hospital by the [health
and environment] department of health and has accommodations
for resident bed patients, a licensed professional registered
nurse always on duty or call, a laboratory and an operating
room where surgical operations are performed, but [the term]
"hospital care" does not include a convalescent or nursing or
rest home;
(2) "practitioner of the healing arts" means
any person holding a license or certificate [provided for in
Chapter 61, Article 4, 5, 6, 10 or 14A NMSA 1978] authorizing
the licensee to offer or undertake to diagnose, treat, operate
on or prescribe for any human pain, injury, disease, deformity
or physical or mental condition pursuant to:
(a) the Chiropractic Physician Practice Act;
(b) the Dental Health Care Act;
(c) the Medical Practice Act;
(d) Chapter 61, Article 10 NMSA 1978; and
(e) the Acupuncture and Oriental Medicine Practice Act;
(3) "optometrist" means any person holding a
license provided for in [Chapter 61, Article 2 NMSA 1978] the
Optometry Act;
(4) "podiatrist" means any person holding a
license provided for in [Chapter 61, Article 8 NMSA 1978] the
Podiatry Act;
(5) "psychologist" [is one] means a person who
is duly licensed or certified in the state where the service is
rendered and has a doctoral degree in psychology and has had at
least two years of clinical experience in a recognized health
setting or has met the standards of the national register of
health service providers in psychology;
(6) "certified nurse-midwife" means any person
licensed by the board of nursing as a registered nurse and who
is registered with the public health [services] division of the
[health and environment] department of health as a certified
nurse-midwife;
(7) "registered lay midwife" means any person
who practices lay midwifery and is registered as a registered
lay midwife by the public health [services] division of the
[health and environment] department of health; and
(8) "registered nurse in expanded practice" means any person licensed by the board of nursing as a registered nurse approved for expanded practice pursuant to the Nursing Practice Act as a certified nurse practitioner, certified registered nurse anesthetist, certified clinical nurse specialist in psychiatric mental health nursing or clinical nurse specialist in private practice and who has a master's degree or doctorate in a defined clinical nursing speciality and is certified by a national nursing organization.
C. This section shall apply to any such policy
[which] that is delivered or issued for delivery in this state
on or after July 1, 1979 and to any existing group policy or
plan on its anniversary or renewal date after June 30, 1979 or
at expiration of the applicable collective bargaining contract,
if any, whichever is later."
Section 3. Section 59A-46-35 NMSA 1978 (being Laws 1987, Chapter 335, Section 1, as amended) is amended to read:
"59A-46-35. PROVIDER DISCRIMINATION PROHIBITED.--No class
of licensed individual providers willing to meet the terms and
conditions offered by a health maintenance organization shall
be excluded from a health maintenance organization. For
purposes of this section, "providers" means those persons
licensed pursuant to [Section 61-3-23.2 NMSA 1978 or Article 2,
4, 5A, 6, 8, 9, 10 or 11 of Chapter 61 NMSA 1978]:
A. the Optometry Act;
B. Section 61-3-23.2 NMSA 1978;
C. the Chiropractic Physician Practice Act;
D. the Dental Health Care Act;
E. the Medical Practice Act;
F. the Podiatry Act;
G. the Professional Psychologist Act;
H. Chapter 61, Article 10 NMSA 1978; or
I. the Pharmacy Act."