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

SPONSOR HHGAC

ORIGINAL DATE

LAST UPDATED

3/9/07

HB HJM 71/HHGACS

SHORT TITLE

HEALTH CARE PROFESSION SCOPES OF PRACTICE

SB

ANALYST Hanika Ortiz

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$.1 see

narrative

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of Bill

The House Health & Government Affairs Committee Substitute for House Joint Memorial 71

requests the Interim Legislative Health and Human Services Committee to establish an unbiased and

fair process to review scopes of practice of the health care professions.

The memorial provides the following comments:

•

The legislature seeks objective information on proposed changes to health care scopes of

practice or the creation of new scopes of practice.

•

The reasons for scope of practice changes should have a foundational basis within four

areas: an established history of the practice scope within the profession, education and

training, supporting evidence and an appropriate regulatory environment.

•

The purpose of any review and subsequent change of any scope of practice is to promote

better consumer care across professions and providers, improve access to care and

recognize the inevitability of overlapping scopes of practice.

•

Some practice changes are the result of changes already occurring in education or

practice due to research advances in technology and changes in societal health care

demands.

FISCAL IMPLICATIONS

The memorial resolves that the interim legislative health and human services committee study

and recommend to the legislature an unbiased and fair process to review proposed changes to

House Joint Memorial 71/HHGACS – Page

2

scopes of practice of licensed health professions and new health professions requesting licensure.

Costs will be determined by how often the committee members meet; and, the impact from any

recommendations made by the task force and implemented by State agencies.

Committee members are eligible to receive the federally established per diem rate plus mileage.

SIGNIFICANT ISSUES

The goal of the memorial is to explore an avenue for a more objective review process for

assessing proposed changes in a health professions scope of practice; and, ultimately improve the

health and well being of the people of New Mexico.

PERFORMANCE IMPLICATIONS

Every legislative session brings a request by a health profession to expand their scope of

practice. Some legislators note that these bills are confusing and believe they are not qualified to

make decisions in these areas.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Relates to:

SB367 Optometry Exclusions and Certifications

SB353 Clarify Oriental of Medicine Practice

SB18 Permit Certain Unlicensed Healthcare

HB88 Athletic Trainer as Health Provider

HB246 Polysomnography License and permits

HB103 Counseling and Therapy Licensure Requirements

SB20 Physician Licensure Requirements

SB513 Traditional Naturopathic Practice Act

HB199 Instructional Support Provider License

TECHNNICAL ISSUES

The substitute memorial does not provide for the Health Policy Commission to receive a copy of

the memorial.

There is no date by which the committee is expected to conclude its study.

OTHER SUBSTANTIVE ISSUES

The scope of practice of a licensed healthcare profession is statutorily defined in law in the form

of a practice act. The State legislature has the authority to adopt or modify practice acts and

therefore adopt or modify a particular scope of practice of a healthcare profession. Sometimes

modification of practice acts are just the formalization of changes already occurring in education

or practice within a profession, due to the results of research, advances in technology, and

changes in healthcare demands.

House Joint Memorial 71/HHGACS – Page

3

There are nineteen health professional health related licensing boards in New Mexico and within

each statute, multiple scopes of practice. The scope of practice of a health profession may have a

significant impact on the quality, cost and geographic availability of health services as well as

patient safety. Changes in such areas as professional education and training, treatment

technologies and methodologies, reimbursement, cost containment and the health care delivery

structure can also impact the demand for and complexity of scope of practice changes.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

The current system will remain in place which provides for public input through membership on

licensing boards, public hearings and reporting to the legislature.

AHO/mt