HOUSE BILL 492
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Bill B. O'Neill
AN ACT
RELATING TO LICENSING; AMENDING THE ACUPUNCTURE AND ORIENTAL MEDICINE PRACTICE ACT; CLARIFYING THE PROCEDURES AND SUBSTANCES THAT ARE WITHIN THE SCOPE OF ACUPUNCTURE AND ORIENTAL MEDICINE; PROVIDING FOR REFUNDABLE FEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 61-14A-3 NMSA 1978 (being Laws 1993, Chapter 158, Section 11, as amended) is amended to read:
"61-14A-3. DEFINITIONS.--As used in the Acupuncture and Oriental Medicine Practice Act:
A. "acupuncture" means the surgical use of needles inserted into and removed from the body and the use of other devices, modalities and procedures at specific locations on the body for the prevention, cure or correction of any disease, illness, injury, pain or other condition by controlling and regulating the flow and balance of energy and function to restore and maintain health;
B. "bioidentical hormones" means compounds, or salt forms of those compounds, that have exactly the same chemical and molecular structure as hormones that are produced in the human body;
[B.] C. "board" means the board of acupuncture and oriental medicine;
[C.] D. "doctor of oriental medicine" means a person licensed as a physician to practice acupuncture and oriental medicine with the ability to practice independently, serve as a primary care provider and as necessary collaborate with other health care providers;
[D.] E. "moxibustion" means the use of heat on or above specific locations or on acupuncture needles at specific locations on the body for the prevention, cure or correction of any disease, illness, injury, pain or other condition;
[E.] F. "oriental medicine" means the distinct system of primary health care that uses all allied techniques of oriental medicine, both traditional and modern, to diagnose, treat and prescribe for the prevention, cure or correction of disease, illness, injury, pain or other physical or mental condition by controlling and regulating the flow and balance of energy, form and function to restore and maintain health;
[F.] G. "primary care provider" means a health care practitioner acting within the scope of the health care practitioner's license who provides the first level of basic or general health care for a person's health needs, including diagnostic and treatment services, initiates referrals to other health care practitioners and maintains the continuity of care when appropriate;
[G.] H. "techniques of oriental medicine" means:
(1) the diagnostic and treatment techniques used in oriental medicine that include diagnostic procedures; acupuncture; moxibustion; manual therapy, also known as tui na; other physical medicine modalities and therapeutic procedures; breathing and exercise techniques; and dietary, nutritional and lifestyle counseling;
(2) the prescribing, administering, combining and providing of non-injectable herbal medicines, homeopathic medicines, vitamins, minerals, enzymes, glandular products, natural substances, natural medicines, protomorphogens, live cell products, [gerovital] amino acids, lipids, carbohydrates, proteins, dietary and nutritional supplements, cosmetics as they are defined in the New Mexico Drug, Device and Cosmetic Act and nonprescription drugs as they are defined in the Pharmacy Act; and
(3) the prescribing, administering and providing of devices, restricted devices and prescription devices, as those devices are defined in the New Mexico Drug, Device and Cosmetic Act, if the board determines by rule that the devices are necessary in the practice of oriental medicine and if the prescribing doctor of oriental medicine has fulfilled requirements for prescriptive authority in accordance with rules promulgated by the board for the devices enumerated in this paragraph; and
[H.] I. "tutor" means a doctor of oriental medicine with at least ten years of clinical experience who is a teacher of acupuncture and oriental medicine]."
Section 2. Section 61-14A-8.1 NMSA 1978 (being Laws 2000, Chapter 53, Section 12, as amended) is amended to read:
"61-14A-8.1. EXPANDED PRACTICE AND RESTRICTIVE PRESCRIPTIVE AUTHORITY--CERTIFICATIONS.--
A. The board shall issue certifications in the four expanded practices of basic injection therapy, injection therapy, intravenous therapy and bioidentical hormone therapy, as determined by rule of the board, for expanded practice and prescriptive authority only for the substances enumerated in [Paragraphs (1) and (2) of] Subsection [C] B of this section to a doctor of oriental medicine who has submitted completed forms provided by the board, paid the application fee for certification and submitted proof of successful completion of additional education and training required by rule of the board. The board shall adopt the rules determined by the board of pharmacy for additional education and training required for the prescribing, administering, compounding or dispensing of [caffeine, procaine, oxygen, epinephrine and bioidentical hormones] the substances listed in Subsection B of this section. The board and the board of pharmacy shall consult as appropriate.
[B. The board shall issue certifications in the four expanded practices of basic injection therapy, injection therapy, intravenous therapy and bioidentical hormone therapy.
C.] B. The expanded practice and prescriptive authority shall include
[(1) the prescribing, administering, compounding and dispensing of herbal medicines, homeopathic medicines, vitamins, minerals, amino acids, proteins, enzymes, carbohydrates, lipids, glandular products, natural substances, natural medicines, protomorphogens, live cell products, gerovital, dietary and nutritional supplements, cosmetics as they are defined in the New Mexico Drug, Device and Cosmetic Act and nonprescription drugs as they are defined in the Pharmacy Act; and
(2)] the prescribing, administering, compounding and dispensing of [the following] drugs, dangerous drugs or controlled substances as [they] drugs, dangerous drugs and controlled substances are defined in the New Mexico Drug, Device and Cosmetic Act, the Controlled Substances Act or the Pharmacy Act, if the prescribing doctor of oriental medicine has fulfilled the requirements for expanded practice and prescriptive authority in accordance with the rules promulgated by the board for the substances enumerated in this [paragraph] subsection.
[(a) sterile water;
(b) sterile saline;
(c) sarapin or its generic;
(d) caffeine;
(e) procaine;
(f) oxygen;
(g) epinephrine;
(h) vapocoolants;
(i) bioidentical hormones;
(j) biological products, including therapeutic serum; and
(k) any of the drugs or substances enumerated in Paragraph (1) of this subsection if at any time those drugs or substances are classified as dangerous drugs or controlled substances.
D.] Except as limited or restricted by federal or state law, the drugs, dangerous drugs or controlled substances listed in this subsection are authorized in the specified modes of administration as follows: (1) basic injection certification and prescriptive authority is provided for the intradermal, intramuscular and subcutaneous injection of homeopathics, dextrose, enzymes except urokinase, hyaluronic acid, minerals, sarapin, sodium chloride, sterile water, topical vapocoolants and vitamins;
(2) injection certification and prescriptive authority is provided for the substances in Paragraph (1) of this subsection and for non-epidural, non-intrathecal injection of alcohol, amino acids, autologous oxygenated blood, autologous blood and appropriate anticoagulant, bee venom, beta glucans, collagenase, dextrose, dimethyl sulfoxide, gammaglobulin, glucose, glucosamine, glycerin, hyaluronidase, methylsulfonylmethane, phenol, phosphatidylcholine, procaine, sodium hyaluronate and sodium morrhuate;
(3) intravenous certification and prescriptive authority is provided for amino acids, calcium ethylenediaminetetraacetic acid, oral dimethylsuccinic acid, dextrose, glutathione, lactated ringers, minerals, phosphatidylcholine, sodium bicarbonate, sodium chloride, sodium morrhuate, sterile water, water soluble vitamins and autologous oxygenated blood infusion, including ultraviolet radiation of blood, with appropriate anticoagulant, except that authority is not provided for total parenteral nutrition; and
(4) non-injectable bioidentical hormone certification and prescriptive authority is provided for 7-keto dehydroepiandrosterone, cortisone, dehydroepiandrosterone, dihydrotestosterone, estradiol, estriol, estrone, hydrocortisone, pregnenolone, progesterone, testosterone, tetraiodothyronine, levothyroxine, thyroxine and triiodothyronine combination, triiodothyronine, liothyronine or desiccated thyroid.
C. Subcutaneous epinephrine, inhaled oxygen and additives necessary to stabilize, preserve or balance the pH of approved substances are applicable to any of the certifications in Subsection B of this section.
D. Appropriately certified doctors of oriental medicine are authorized to prescribe, use and dispense a compounded drug preparation from Subsection B of this section that is compounded in compliance with state and federal requirements. When compounding drugs for their patients, doctors of oriental medicine certified for expanded practice and prescriptive authority shall comply with the compounding requirements for licensed health care professionals in the United States pharmacopeia and national formulary. A substance is only authorized for use if procured, prescribed, administered, compounded and dispensed in compliance with federal and state law.
E. A doctor of oriental medicine or oriental medicine student enrolled in a board-approved educational course or program leading to certification in one of the oriental medicine expanded practice categories of basic injection therapy, injection therapy, intravenous therapy or bioidentical hormone therapy is authorized to perform the techniques and have the prescriptive authority, for the duration of the course or program, to administer and compound the substances that are authorized in the expanded practice formulary for which the student is studying under the direct supervision of the teacher of the approved expanded practice educational course or program. The student is not authorized to obtain, prescribe or dispense such substances without direct supervision."
Section 3. Section 61-14A-16 NMSA 1978 (being Laws 1993, Chapter 158, Section 24, as amended by Laws 2001, Chapter 263, Section 1 and Laws 2001, Chapter 266, Section 2) is amended to read:
"61-14A-16. FEES.--The board shall establish a schedule of reasonable [nonrefundable] fees not to exceed the following amounts:
A. application for licensing. . . . . . . . $800;
B. application for reciprocal licensing. . . 750;
C. application for temporary licensing. . . .500;
D. examination, not including the cost of any nationally recognized examination. . . . . . . . . . . . 700;
E. annual license renewal. . . . . . . . . . 400;
F. late license renewal. . . . . . . . . . . 200;
G. expired license renewal. . . . . . . . . .400;
H. temporary license renewal. . . . . . . . .100;
I. application for approval or renewal of approval of an educational program. . . . . . . . . . . .600;
J. late renewal of approval of an educational program. . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .200;
K. annual continuing education provider
registration. . . . . . . . . . . . . . . . . . . . . . .200;
L. application for extended or expanded prescriptive authority. . . . . . . . . . . . . . . . . .500;
M. application for externship supervisor registration
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .500;
N. application for extern certification. . . 500;
and
O. any and all fees to cover reasonable and necessary administrative expenses."
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