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F I S C A L I M P A C T R E P O R T

SPONSOR Jennings

DATE TYPED 3/2/05

HB

SHORT TITLE Health Provider Specialty Representation

SB 792

ANALYST Hanika-Ortiz

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Health (DOH)

Health Policy Commission (HPC)

Human Services Department (HSD)

Aging and Long-Term Services Department (ALTSD)

SUMMARY

Synopsis of Bill

Senate Bill 792 adds a subsection to Section 61-6-15 NMSA 1978, a section of the Medical Prac-

tice Act, to provide a level of consumer protection by prohibiting physicians and other licensees

from holding themselves out as specialists or as being certified, board certified, a sub specialist

or an expert unless they have at least one year of specialty training at an accredited institution or

are certified by a nationally recognized accrediting body.

Significant Issues

SB 792 defines what would constitute sufficient preparation to allow a health care provider to

represent him/herself as a specialist or expert because he/she has attended an advanced program

of study, has passed an examination given by organized members of the specialty or has exten-

sive experience in a particular area of medicine.

SB 792 addresses truth in advertising and the question of what are the minimum qualifications

for preparation for a health care specialty. At the present time, some providers may represent

Senate Bill 792-- Page 2

themselves as specialists without having completed an adequate advanced course of study in a

specialty. New Mexico has a significant number of health care providers trained as generalists

who provide specialty services. These providers may receive their training as part of continuing

education.

PERFORMANCE IMPLICATIONS

The American Medical Association urges physicians to identify themselves by stating the full

name of any certifying board membership.

Agencies report that they support a well informed consumer.

The DOH notes that requiring advanced formal training or certification for specialties normally

practiced by generalist-trained providers may reduce the availability of these specialist services

in the state.

FISCAL IMPLICATIONS

There may be positive public health implications if state law prevents health care providers from

patient care that they may or may not be prepared to provide.

SB 792 may encourage more health care providers to become board certified so they can im-

prove the level of care they provide to their patients. This may also have a positive impact on

health care services received in New Mexico.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Conflicts with SB 341, Medical Practice Act Amendments, which does not amend Chapter 61,

Professional and Occupational Licenses, Article 6, Medicine and Surgery.

TECHNICAL ISSUES

DOH recommends the use of “specialty” as opposed to “speciality”, because it better defines the

intent of the bill.

OTHER SUBSTANTIVE ISSUES

The HPC has the following comment:

While some resumes are personal exaggerations of experience and education, other resumes sup-

ply false degrees that are provided by “diploma mills.” Approximately 400 diploma mills and

300 counterfeit diploma web sites are making more than $500 million annually, selling fake cre-

dentials to those who will pay for them.

Recent fraudulent medical practices discovered and resulting in persecution include: (AMNews

August 2004):

•

Texas – Person posed as a doctor and possibly injected hundreds of patients with indus-

trial-grade silicone.

Senate Bill 792-- Page 3

•

Michigan – Person presented self as a physician and treated patients in a relative’s clinic.

•

New York – Person posing as a dermatologist operated what he called a skin and laser

center, and advertised that he did laser hair removal, collagen treatments, removal of skin

lesions and other procedures.

•

New Jersey - The New Jersey Supreme Court overturned a 2001 lower court ruling on a

case that attempted to hold a physician responsible for exaggerating his surgical qualifi-

cations. A patient alleged that he became a quadriplegic after an unsuccessful surgery.

ALTERNATIVES

The DOH suggests limiting the focus of any new provisions to provider specialties for which

there are recognized yearlong or longer advanced courses of study.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

Consumers may continue to be misinformed about how prepared a health care provider is when

choosing a “specialist”.

AHO/yr