HOUSE BILL 585

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Keith J. Gardner

AN ACT

RELATING TO HEALTH CARE; ENACTING THE SCOPE OF PRACTICE ACT; PROVIDING FOR A PROCESS TO REVIEW THE SCOPES OF PRACTICE OF CERTAIN LICENSED HEALTH PROFESSIONALS.

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

     Section 1. SHORT TITLE.--This act may be cited as the "Scope of Practice Act".

     Section 2. DEFINITIONS.--As used in the Scope of Practice Act:

          A. "commission" means the New Mexico health policy commission;

          B. "health profession" means a health-related activity or occupation licensed pursuant to Chapter 61, Article 2, 3, 4, 5A, 6, 7A, 8, 9, 9A, 10, 10A, 11, 12, 12A, 12B, 12C, 12D, 12E, 14A, 14B, 14C, 14D or 14E NMSA 1978;

          C. "licensing board" means a licensing board of a specific health profession; and

          D. "scope of practice" means those practice activities permitted a health profession as defined in its licensing act and rules adopted pursuant to that act.

     Section 3. PROPOSED CHANGES TO SCOPE OF PRACTICE--PROCEDURE--LICENSING BOARD ANALYSIS.--

          A. A member of a licensing board, a licensee of the licensing board or any other person seeking a change in the scope of practice of a health profession shall notify the respective licensing board and request a hearing concerning the proposed change. The licensing board shall notify the commission and shall:

                (1) collect data, including information from the applicant and all other appropriate persons, necessary to review the proposal;

                (2) conduct a technical assessment of the proposed change, if necessary with the assistance of a technical advisory group established for that specific purpose, to determine whether the proposed change is in the profession's current scope of practice; and

                (3) provide the board's analysis, conclusions and any recommendations, together with all materials gathered for the review, to the commission.

          B. A person seeking a change in a health profession scope of practice pursuant to Subsection A of this section shall provide the licensing board with any information that the board requests.

     Section 4. REVIEW PANELS--APPOINTMENT--DUTIES.--

          A. When notified of a proposed change in a health profession scope of practice, the commission shall appoint an ad hoc review panel of sufficient numbers and expertise to review and make recommendations on the proposed change. Each panel shall:

                (1) include one board member of the licensing board for the health profession from which the proposed change in scope of practice originates; provided that where changes are proposed to the scopes of practice of dental professionals, each panel reviewing those proposed changes shall include both a member of the New Mexico board of dental health care and the New Mexico dental hygienists committee;

                (2) include the dean of the university of New Mexico school of medicine; and

                (3) have at least one-fourth of its membership composed of individuals who have no economic interest in the profession originating the request for a change in scope of practice.

          B. The director of the commission or the director's designee shall chair each review panel and shall be a nonvoting member.

          C. The review panel shall:

                (1) familiarize itself with the commission's rules on procedures and criteria for scope of practice reviews;

                (2) ensure appropriate public notice of its proceedings;

                (3) invite testimony from persons with special knowledge in the field of the proposed change;

                (4) assess:

                     (a) whether a proposed change offers potential harm to the health, safety or welfare of consumers;

                     (b) whether the proposed change will benefit the health, safety and welfare of health consumers;

                     (c) what economic impact on overall health care delivery the proposed change is likely to have;

                     (d) whether the potential benefits of the proposed change outweigh potential harm; and

                     (e) the extent to which the proposed changes will affect the availability, accessibility, delivery and quality of health care in New Mexico; and

                (5) by September 15 of each year, provide to the governor, the New Mexico legislative council, the legislative finance committee and the interim legislative health and human services committee a full report, including any legislative recommendations, on each proposed change in scope of practice brought before the commission. The director of the commission shall also provide an oral presentation of the report to the legislative finance committee and the interim legislative health and human services committee.

     Section 5. COMMISSION--SCOPE OF PRACTICE REVIEWS AND CRITERIA--POWERS AND DUTIES.--The commission shall:

          A. annually notify in writing each licensing board and, whenever possible, each professional association and group of health professions of both the licensing board's and the commission's responsibilities to review proposed changes in the scope of practice of health professions;

          B. ensure that scope of practice reviews by ad hoc review panels are conducted as public hearings with notice given pursuant to the Administrative Procedures Act;

          C. provide staff services to all ad hoc review panels created pursuant to Section 4 of the Scope of Practice Act; and

          D. provide the legislature with any assistance or information it requests regarding the proposal.

     Section 6. RULES.--The commission and each licensing board shall promulgate such rules as are necessary to carry out the provisions of the Scope of Practice Act.

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