SENATE BILL 174
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Linda M. Lopez
AN ACT
RELATING TO HEALTH; ENACTING THE PROFESSIONAL LICENSING BOARD REVIEW ACT; PROVIDING FOR A PROCESS TO REVIEW SCOPE OF PRACTICE CHANGES FOR ALL LICENSED HEALTH PROFESSIONALS AND THOSE SEEKING TO BECOME 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 "Professional Licensing Board Review Act".
Section 2. PURPOSE.--The purpose of the Professional Licensing Board Review Act is to:
A. provide a procedure for a review of proposed changes in the scope of practice of health professionals licensed by the state in order to ensure that the changes contribute to the improvement of the overall health of the people of New Mexico;
B. provide a process for health professionals who wish to become licensed; and
C. make findings based on the review available to the governor and the legislature.
Section 3. DEFINITIONS.--As used in the Professional Licensing Board Review Act:
A. "department" means the regulation and licensing department;
B. "health profession" means a health-related activity or occupation licensed pursuant to Chapter 61 NMSA 1978;
C. "licensing board" means a licensing board of a specific health profession regulated pursuant to Chapter 61 NMSA 1978; 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 4. LICENSING BOARD ANALYSIS.--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 of that profession and request review concerning the proposed change. The licensing board shall:
A. collect data, including information from the applicant and all other appropriate persons, necessary to review the proposed change;
B. 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 change is in the profession's current scope of practice or skills that can be learned;
C. hold a public hearing with appropriate notice of its proceedings;
D. invite testimony from persons with special knowledge in the field of the proposed change;
E. assess the proposed change using the following criteria:
(1) whether the proposed change offers potential harm to the health, safety or welfare of health care consumers;
(2) whether the proposed change offers benefit to the health, safety and welfare of health care consumers;
(3) the likely economic impact on overall health care delivery of the proposed change;
(4) whether the potential benefits of the proposed change outweigh the potential harm; and
(5) the extent to which the proposed change will affect the availability, accessibility, delivery and quality of health care in New Mexico;
F. provide its analysis, conclusions and any recommendations, together with all materials gathered for the review, to the legislature and to the governor; and
G. provide to the governor, the New Mexico legislative council, the legislative finance committee and the legislative health and human services committee a full report, including legislative recommendations, on each proposed change in scope of practice brought before the board between September of the previous year and August of the current year. The director of the licensing board shall also provide an oral presentation of the report to the legislative finance committee and the legislative health and human services committee.
Section 5. PROPOSED CREATION OF NEW LICENSED HEALTH PROFESSION--DEPARTMENT REVIEW.--A member of the public or of a proposed licensed health profession or any other person seeking to create a new licensed health profession shall notify the department and shall request a review concerning the proposed licensed health profession. This shall be done in conjunction with an application as required by Section 12-9A-4 NMSA 1978. The department shall:
A. collect data, including information from the applicant and all other appropriate persons, necessary to review the proposal;
B. conduct a technical assessment of the proposal, if necessary with the assistance of a technical advisory group established for that specific purpose, to determine whether the proposed licensure is in the profession's scope of practice;
C. hold a public hearing with appropriate notice of its proceedings;
D. invite testimony from persons with special knowledge in the field of the proposed licensure;
E. assess the proposal using the following criteria:
(1) whether the proposed licensure offers potential harm to the health, safety or welfare of health care consumers;
(2) whether the proposed licensure will benefit the health, safety and welfare of health care consumers;
(3) the likely economic impact on overall health care delivery of the proposed licensure;
(4) whether the potential benefits of the proposed licensure outweigh the potential harm; and
(5) the extent to which the proposed licensure will affect the availability, accessibility, delivery and quality of health care in New Mexico;
F. provide its analysis, conclusions and any recommendations, together with all materials gathered for the review, to the legislature and to the governor; and
G. provide to the governor, the New Mexico legislative council, the legislative finance committee and the legislative health and human services committee a full report, including legislative recommendations, on each proposed licensure brought before the commission between September of the previous year and August of the current year. The superintendent of regulation and licensing shall also provide an oral presentation of the report to the legislative finance committee and the legislative health and human services committee.
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