HOUSE BILL 1042

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Thomas C. Taylor

AN ACT

RELATING TO WORKERS' COMPENSATION; INCLUDING AN ATHLETIC TRAINER IN THE DEFINITION OF HEALTH CARE PROVIDER; AMENDING A SECTION OF THE NMSA 1978.

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

     Section 1. Section 52-4-1 NMSA 1978 (being Laws 1983, Chapter 116, Section 1, as amended) is amended to read:

     "52-4-1. DEFINITION--HEALTH CARE PROVIDER.--As used in Chapter 52 NMSA 1978, "health care provider" means:

          A. a hospital maintained by the state or a political subdivision of the state or any place currently licensed as a hospital by the department of health that has:

                (1) accommodations for resident bed patients;

                (2) a licensed professional registered nurse always on duty or call;

                (3) a laboratory; and

                (4) an operating room where surgical operations are performed;

          B. an optometrist licensed pursuant to the provisions of Chapter 61, Article 2 NMSA 1978;

          C. a chiropractor licensed pursuant to the provisions of Chapter 61, Article 4 NMSA 1978;

          D. a dentist licensed pursuant to the provisions of Chapter 61, Article 5 NMSA 1978;

          E. a physician licensed pursuant to the provisions of Chapter 61, Article 6 NMSA 1978;

          F. a podiatrist licensed pursuant to the provisions of Chapter 61, Article 8 NMSA 1978;

          G. an osteopathic physician licensed pursuant to the provisions of Chapter 61, Article 10 NMSA 1978;

          H. a physician assistant [registered] licensed pursuant to the provisions of Section 61-6-7 NMSA 1978;

          I. a certified nurse practitioner licensed pursuant to Section 61-3-23.2 NMSA 1978;

          J. a physical therapist licensed pursuant to the provisions of Chapter 61, Article 12 NMSA 1978;

          K. an occupational therapist licensed pursuant to the provisions of Chapter 61, Article 12A NMSA 1978;

          L. a doctor of oriental medicine licensed pursuant to the provisions of Chapter 61, Article 14A NMSA 1978;

          M. an athletic trainer licensed pursuant to the provisions of Chapter 61, Article 14D NMSA 1978;

          [M.] N. a psychologist who is duly licensed or certified in the state where the service is rendered, holding a doctorate degree in psychology and having at least two years clinical experience in a recognized health setting, or who has met the standards of the national register of health services providers in psychology;

          [N.] O. a certified nurse-midwife licensed by the board of nursing as a registered nurse and registered with the behavioral health services division of the department of health as a certified nurse-midwife; or

          [O.] P. any person or facility that provides health-related services in the health care industry, as approved by the director."

- 3 -