HOUSE BILL 221

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Al Park

AN ACT

RELATING TO HEALTH CARE; CONSOLIDATING HEALTH CARE LICENSING BOARDS UNDER THE NEW MEXICO MEDICAL BOARD; AMENDING THE MEDICAL PRACTICE ACT; PROVIDING FOR THE TRANSFER OF FUNCTIONS, MONEY, APPROPRIATIONS, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.

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

     Section 1. Section 26-1-2 NMSA 1978 (being Laws 1967, Chapter 23, Section 2, as amended) is amended to read:

     "26-1-2. DEFINITIONS.--As used in the New Mexico Drug, Device and Cosmetic Act:

          A. "board" means the New Mexico medical board [of pharmacy] or its duly authorized agent;

          B. "person" includes an individual, partnership, corporation, association, institution or establishment;

          C. "biological product" means a virus, therapeutic serum, toxin, antitoxin or analogous product applicable to the prevention, treatment or cure of diseases or injuries of humans and domestic animals, and, as used within the meaning of this definition:

                (1) a "virus" is interpreted to be a product containing the minute living cause of an infectious disease and includes filterable viruses, bacteria, rickettsia, fungi and protozoa;

                (2) a "therapeutic serum" is a product obtained from blood by removing the clot or clot components and the blood cells;

                (3) a "toxin" is a product containing a soluble substance poisonous to laboratory animals or humans in doses of one milliliter or less of the product and having the property, following the injection of nonfatal doses into an animal, or causing to be produced therein another soluble substance that specifically neutralizes the poisonous substance and that is demonstrable in the serum of the animal thus immunized; and

                (4) an "antitoxin" is a product containing the soluble substance in serum or other body fluid of an immunized animal that specifically neutralizes the toxin against which the animal is immune;

          D. "controlled substance" means a drug, substance or immediate precursor enumerated in Schedules I through V of the Controlled Substances Act;

          E. "drug" means articles:

                (1) recognized in an official compendium;

                (2) intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals and includes the domestic animal biological products regulated under the federal Virus-Serum-Toxin Act,

37 Stat 832-833, 21 U.S.C. 151-158, and the biological products applicable to humans regulated under Federal 58 Stat 690, as amended, 42 U.S.C. 216, Section 351, 58 Stat 702, as amended, and 42 U.S.C. 262;

                (3) other than food, that affect the structure or any function of the human body or the bodies of other animals; and

                (4) intended for use as a component of Paragraph (1), (2) or (3) of this subsection, but does not include devices or their component parts or accessories;

          F. "dangerous drug" means a drug, other than a controlled substance enumerated in Schedule I of the Controlled Substances Act, that because of a potentiality for harmful effect or the method of its use or the collateral measures necessary to its use is not safe except under the supervision of a practitioner licensed by law to direct the use of such drug and hence for which adequate directions for use cannot be prepared. "Adequate directions for use" means directions under which the layperson can use a drug or device safely and for the purposes for which it is intended. A drug shall be dispensed only upon the prescription of a practitioner licensed by law to administer or prescribe the drug if it:

                (1) is a habit-forming drug and contains any quantity of a narcotic or hypnotic substance or a chemical derivative of such substance that has been found under the federal act and the board to be habit forming;

                (2) because of its toxicity or other potential for harmful effect or the method of its use or the collateral measures necessary to its use is not safe for use except under the supervision of a practitioner licensed by law to administer or prescribe the drug;

                (3) is limited by an approved application by Section 505 of the federal act to the use under the professional supervision of a practitioner licensed by law to administer or prescribe the drug;

                (4) bears the legend: "Caution: federal law prohibits dispensing without prescription.";

                (5) bears the legend: "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian."; or

                (6) bears the legend "RX only";

          G. "counterfeit drug" means a drug that is deliberately and fraudulently mislabeled with respect to its identity, ingredients or sources. Types of such pharmaceutical counterfeits may include:

                (1) "identical copies", which are counterfeits made with the same ingredients, formulas and packaging as the originals but not made by the original manufacturer;

                (2) "look-alikes", which are products that feature high-quality packaging and convincing appearances but contain little or no active ingredients and may contain harmful substances;

                (3) "rejects", which are drugs that have been rejected by the manufacturer for not meeting quality standards; and

                (4) "relabels", which are drugs that have passed their expiration dates or have been distributed by unauthorized foreign sources and may include placebos created for late-phase clinical trials;

          H. "device", except when used in Subsection P of this section and in Subsection G of Section 26-1-3, Subsection L and Paragraph (4) of Subsection A of Section 26-1-11 and Subsection C of Section 26-1-24 NMSA 1978, means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component, part or accessory, that is:

                (1) recognized in an official compendium;

                (2) intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease in humans or other animals; or

                (3) intended to affect the structure or a function of the human body or the bodies of other animals and that does not achieve any of its principal intended purposes through chemical action within or on the human body or the bodies of other animals and that is not dependent on being metabolized for achievement of any of its principal intended purposes;

          I. "prescription" means an order given individually for the person for whom prescribed, either directly from a licensed practitioner or the practitioner's agent to the pharmacist, including by means of electronic transmission, or indirectly by means of a written order signed by the prescriber, and bearing the name and address of the prescriber, the prescriber's license classification, the name and address of the patient, the name and quantity of the drug prescribed, directions for use and the date of issue;

          J. "practitioner" means a certified advanced practice chiropractic physician, physician, doctor of oriental medicine, dentist, veterinarian, euthanasia technician, certified nurse practitioner, clinical nurse specialist, pharmacist, pharmacist clinician, certified nurse-midwife, physician assistant, prescribing psychologist or other person licensed or certified to prescribe and administer drugs that are subject to the New Mexico Drug, Device and Cosmetic Act;

          K. "cosmetic" means:

                (1) articles intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance; and

                (2) articles intended for use as a component of any articles enumerated in Paragraph (1) of this subsection, except that the term shall not include soap;

          L. "official compendium" means the official United States pharmacopoeia national formulary or the official homeopathic pharmacopoeia of the United States or any supplement to either of them;

          M. "label" means a display of written, printed or graphic matter upon the immediate container of an article. A requirement made by or under the authority of the New Mexico Drug, Device and Cosmetic Act that any word, statement or other information appear on the label shall not be considered to be complied with unless the word, statement or other information also appears on the outside container or wrapper, if any, of the retail package of the article or is easily legible through the outside container or wrapper;

          N. "immediate container" does not include package liners;

          O. "labeling" means all labels and other written, printed or graphic matter:

                (1) on an article or its containers or wrappers; or

                (2) accompanying an article;

          P. "misbranded" means a label to an article that is misleading. In determining whether the label is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device or any combination of the foregoing, but also the extent to which the label fails to reveal facts material in the light of such representations or material with respect to consequences that may result from the use of the article to which the label relates under the conditions of use prescribed in the label or under such conditions of use as are customary or usual;

          Q. "advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of drugs, devices or cosmetics;

          R. "antiseptic", when used in the labeling or advertisement of an antiseptic, shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be or represented as an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder or such other use as involves prolonged contact with the body;

          S. "new drug" means a drug:

                (1) the composition of which is such that the drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and efficacy of drugs, as safe and effective for use under the conditions prescribed, recommended or suggested in the labeling thereof; or

                (2) the composition of which is such that the drug, as a result of investigation to determine its safety and efficacy for use under such conditions, has become so recognized but that has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions;

          T. "contaminated with filth" applies to a drug, device or cosmetic not securely protected from dirt, dust and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations, or a drug, device or cosmetic found to contain dirt, dust, foreign or injurious contamination or infestation;

          U. "selling of drugs, devices or cosmetics" shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession and holding of any such article for sale and the sale and the supplying or applying of any such article in the conduct of a drug or cosmetic establishment;

          V. "color additive" means a material that:

                (1) is a dye, pigment or other substance made by a process of synthesis or similar artifice or extracted, isolated or otherwise derived, with or without intermediate or final change of identity, from a vegetable, mineral, animal or other source; or

                (2) when added or applied to a drug or cosmetic or to the human body or a part thereof, is capable, alone or through reaction with other substances, of imparting color thereto; except that such term does not include any material that has been or hereafter is exempted under the federal act;

          W. "federal act" means the Federal Food, Drug and Cosmetic Act;

          X. "restricted device" means a device for which the sale, distribution or use is lawful only upon the written or oral authorization of a practitioner licensed by law to administer, prescribe or use the device and for which the federal food and drug administration requires special training or skills of the practitioner to use or prescribe. This definition does not include custom devices defined in the federal act and exempt from performance standards or premarket approval requirements under Section 520(b) of the federal act;

          Y. "prescription device" means a device that, because of its potential for harm, the method of its use or the collateral measures necessary to its use, is not safe except under the supervision of a practitioner licensed in this state to direct the use of such device and for which "adequate directions for use" cannot be prepared, but that bears the label: "Caution: federal law restricts this device to sale by or on the order of a __________", the blank to be filled with the word "physician", "physician assistant", "certified advanced practice chiropractic physician", "doctor of oriental medicine", "dentist", "veterinarian", "euthanasia technician", "certified nurse practitioner", "clinical nurse specialist", "pharmacist", "pharmacist clinician" or "certified nurse-midwife" or with the descriptive designation of any other practitioner licensed in this state to use or order the use of the device;

          Z. "valid practitioner-patient relationship" means a professional relationship, as defined by the practitioner's licensing board, between the practitioner and the patient; and

          AA. "pedigree" means the recorded history of a drug."

     Section 2. Section 61-2-2 NMSA 1978 (being Laws 1973, Chapter 353, Section 2, as amended) is amended to read:

     "61-2-2. DEFINITIONS.--As used in the Optometry Act:

          A. "practice of optometry" [means]:

                (1) means the employment of any subjective or objective means or methods, including but not limited to the use of lenses, prisms, autorefractors or other automated testing devices, and includes the prescription or administration of drugs for the purpose of diagnosing the visual defects or abnormal conditions of the human eye and its adnexa;

                (2) means the employing, adapting or prescribing of preventive or corrective measures, including but not limited to lenses, prisms, contact or corneal lenses or other optical appliances, ocular exercises, vision therapy, vision training and vision rehabilitation services, and includes the prescription or administration of all drugs rational for the correction, relief or referral of visual defects or abnormal conditions of the human eye and its adnexa; and

               (3) does not include the use of surgery or injections in the treatment of eye diseases except for the use of the following types of in-office minor surgical procedures:

                     (a) non-laser removal, destruction or drainage of superficial eyelid lesions and conjunctival cysts;

                     (b) removal of nonperforating foreign bodies from the cornea, conjunctiva and eyelid;

                     (c) non-laser corneal debridement, culture, scrape or anterior puncture, not including removal of pterygium, corneal biopsy or removal of corneal neoplasias;

                     (d) removal of eyelashes; and

                     (e) probing, dilation, irrigation or closure of the tear drainage structures of the eyelid; scalpel use is to be applied only for the purpose of use on the skin surrounding the eye;

          B. "ophthalmic lens" means a lens that has a spherical, cylindrical or prismatic value, is ground pursuant to a prescription and is intended to be used as eyeglasses;

          C. "contact lens" means a lens to be worn on the anterior segment of the human eye;

          D. "prescription" means a written order by an optometrist or a physician for an individual patient for:

                (1) ophthalmic lenses;

                (2) contact lenses; or

                (3) a topical ocular pharmaceutical agent or an oral pharmaceutical agent that is regulated pursuant to the New Mexico Drug, Device and Cosmetic Act;

          E. "eyeglasses" means an exterior optical device using ophthalmic lenses for the correction or relief of disturbances in and anomalies of human vision; and

          F. "board" means the New Mexico medical board [of optometry]."

     Section 3. Section 61-3-3 NMSA 1978 (being Laws 1991, Chapter 190, Section 2, as amended) is amended to read:

     "61-3-3. DEFINITIONS.--As used in the Nursing Practice Act:

          A. "advanced practice" means the practice of professional registered nursing by a registered nurse who has been prepared through additional formal education as provided in Sections 61-3-23.2 through 61-3-23.4 NMSA 1978 to function beyond the scope of practice of professional registered nursing, including certified nurse practitioners, certified registered nurse anesthetists and clinical nurse specialists;

          B. "board" means the New Mexico medical board [of nursing];

          C. "certified hemodialysis technician" means a person who is certified by the board to assist in the direct care of a patient undergoing hemodialysis, under the supervision and at the direction of a registered nurse or a licensed practical nurse, according to the rules adopted by the board;

          D. "certified medication aide" means a person who is certified by the board to administer medications under the supervision and at the direction of a registered nurse or a licensed practical nurse, according to the rules adopted by the board;

          E. "certified nurse practitioner" means a registered nurse who is licensed by the board for advanced practice as a certified nurse practitioner and whose name and pertinent information are entered on the list of certified nurse practitioners maintained by the board;

          F. "certified registered nurse anesthetist" means a registered nurse who is licensed by the board for advanced practice as a certified registered nurse anesthetist and whose name and pertinent information are entered on the list of certified registered nurse anesthetists maintained by the board;

          G. "clinical nurse specialist" means a registered nurse who is licensed by the board for advanced practice as a clinical nurse specialist and whose name and pertinent information are entered on the list of clinical nurse specialists maintained by the board;

          H. "collaboration" means the cooperative working relationship with another health care provider in the provision of patient care, and such collaborative practice includes the discussion of patient diagnosis and cooperation in the management and delivery of health care;

          I. "licensed practical nurse" means a nurse who practices licensed practical nursing and whose name and pertinent information are entered in the register of licensed practical nurses maintained by the board or a nurse who practices licensed practical nursing pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact;

          J. "licensed practical nursing" means the practice of a directed scope of nursing requiring basic knowledge of the biological, physical, social and behavioral sciences and nursing procedures, which practice is at the direction of a registered nurse, physician or dentist licensed to practice in this state. This practice includes but is not limited to:

                (1) contributing to the assessment of the health status of individuals, families and communities;

                (2) participating in the development and modification of the plan of care;

                (3) implementing appropriate aspects of the plan of care commensurate with education and verified competence;

                (4) collaborating with other health care professionals in the management of health care; and

                (5) participating in the evaluation of responses to interventions;

          K. "Nurse Licensure Compact" means the agreement entered into between New Mexico and other jurisdictions permitting the practice of professional registered nursing or licensed practical nursing pursuant to a multistate licensure privilege;

          L. "nursing diagnosis" means a clinical judgment about individual, family or community responses to actual or potential health problems or life processes, which judgment provides a basis for the selection of nursing interventions to achieve outcomes for which the person making the judgment is accountable;

          M. "practice of nursing" means assisting individuals, families or communities in maintaining or attaining optimal health, assessing and implementing a plan of care to accomplish defined goals and evaluating responses to care and treatment. This practice is based on specialized knowledge, judgment and nursing skills acquired through educational preparation in nursing and in the biological, physical, social and behavioral sciences and includes but is not limited to:

                (1) initiating and maintaining comfort measures;

                (2) promoting and supporting optimal human functions and responses;

                (3) establishing an environment conducive to well-being or to the support of a dignified death;

                (4) collaborating on the health care regimen;

                (5) administering medications and performing

treatments prescribed by a person authorized in this state or in any other state in the United States to prescribe them;

                (6) recording and reporting nursing observations, assessments, interventions and responses to health care;

                (7) providing counseling and health teaching;

                (8) delegating and supervising nursing interventions that may be performed safely by others and are not in conflict with the Nursing Practice Act; and

                (9) maintaining accountability for safe and effective nursing care;

          N. "professional registered nursing" means the practice of the full scope of nursing requiring substantial knowledge of the biological, physical, social and behavioral sciences and of nursing theory and may include advanced practice pursuant to the Nursing Practice Act. This practice includes but is not limited to:

                (1) assessing the health status of individuals, families and communities;

                (2) establishing a nursing diagnosis;

                (3) establishing goals to meet identified health care needs;

                (4) developing a plan of care;

                (5) determining nursing intervention to implement the plan of care;

                (6) implementing the plan of care commensurate with education and verified competence;

                (7) evaluating responses to interventions;

                (8) teaching based on the theory and practice of nursing;

                (9) managing and supervising the practice of nursing;

                (10) collaborating with other health care

professionals in the management of health care; and

                (11) conducting nursing research;

          O. "registered nurse" means a nurse who practices professional registered nursing and whose name and pertinent information are entered in the register of licensed registered nurses maintained by the board or a nurse who practices professional registered nursing pursuant to a multistate licensure privilege as provided in the Nurse Licensure Compact;

          P. "scope of practice" means the parameters within which nurses practice based upon education, experience, licensure, certification and expertise; and

          Q. "training program" means an educational program approved by the board."

     Section 4. Section 61-3-27 NMSA 1978 (being Laws 1968, Chapter 44, Section 23, as amended) is amended to read:

     "61-3-27. FUND ESTABLISHED--DISPOSITION--METHOD OF PAYMENT.--

          A. There is created a "[board of] nursing fund".

          B. Except as provided in Sections [2 and 3 of this 2003 act] 61-3-10.5 and 61-3-10.6 NMSA 1978, all funds received by the board and money collected under the Nursing Practice Act shall be deposited with the state treasurer. The state treasurer shall place the money to the credit of the [board of] nursing fund. Any income earned on investment of the fund shall remain in the fund.

          C. Payments out of the [board of] nursing fund shall be on vouchers issued and signed by the person designated by the board upon warrants drawn by the department of finance and administration in accordance with the budget approved by the department.

          D. All amounts paid into the [board of] nursing fund shall be subject to the order of the board and shall only be used for the purpose of meeting necessary expenses incurred in the enforcement of the purposes of the Nursing Practice Act, the duties imposed by that act and the promotion of nursing education and standards in this state. All money unused at the end of the fiscal year shall remain in the [board of] nursing fund for use in accordance with the provisions of the Nursing Practice Act to further the purposes of that act.

          E. All funds that may have accumulated to the credit of the board under any previous act shall be continued for use by the board in administration of the Nursing Practice Act."

     Section 5. Section 61-3-27.1 NMSA 1978 (being Laws 2003, Chapter 235, Section 5) is amended to read:

     "61-3-27.1. [BOARD OF] NURSING FUND--AUTHORIZED USE.--Pursuant to Subsection D of Section 61-3-27 NMSA 1978, the board shall authorize expenditures from unexpended and unencumbered cash balances in the [board of] nursing fund to support an information technology project manager to develop, implement and maintain a web site portal for licensure and a central database for credentialing of health care providers."

     Section 6. Section 61-4-2 NMSA 1978 (being Laws 1968, Chapter 3, Section 2, as amended) is amended to read:

     "61-4-2. DEFINITIONS.--As used in the Chiropractic Physician Practice Act:

          A. "advanced practice chiropractic certification registry" means a compendium kept by the board that meets and maintains the board's established credentials for certified advanced practice chiropractic physicians;

          B. "certified advanced practice chiropractic physician" means a chiropractic physician who has been included in the advanced practice chiropractic certification registry;

          C. "chiropractic" means the science, art and philosophy of things natural, the science of locating and removing interference with the transmissions or expression of nerve forces in the human body by the correction of misalignments or subluxations of the articulations and adjacent structures, more especially those of the vertebral column and pelvis, for the purpose of restoring and maintaining health for treatment of human disease primarily by, but not limited to, adjustment and manipulation of the human structure. It shall include, but not be limited to, the prescribing and administering of all natural agents to assist in the healing act, such as food, water, heat, cold, electricity, mechanical appliances and medical devices; the selling of herbs, nutritional supplements and homeopathic remedies; the administering of a drug by injection by a certified advanced practice chiropractic physician; and any necessary diagnostic procedure, excluding invasive procedures, except as provided by the board by rule and regulation. It shall exclude operative surgery, the prescription or use of controlled or dangerous drugs and the practice of acupuncture;

          D. "board" means the [chiropractic] New Mexico medical board;

          E. "chiropractic physician" includes doctor of chiropractic, chiropractor and chiropractic physician and means a person who practices chiropractic as defined in the Chiropractic Physician Practice Act; and

          F. "chiropractic assistant" means a person who practices under the on-premises supervision of a licensed chiropractic physician."

     Section 7. Section 61-5A-2 NMSA 1978 (being Laws 1994, Chapter 55, Section 2, as amended) is amended to read:

     "61-5A-2. PURPOSE.--

          A. In the interest of the public health, safety and welfare and to protect the public from the improper, unprofessional, incompetent and unlawful practice of dentistry and dental hygiene, it is necessary to provide laws and rules controlling the granting and use of the privilege to practice dentistry and dental hygiene and to [establish a] charge the New Mexico medical board [of dental health care] and [a] the New Mexico dental hygienists committee [to implement] with implementing and [enforce] enforcing those laws and rules.

          B. The [primary duties of the] New Mexico medical board [of dental health care are to] shall issue licenses to qualified dentists and owners of dental practices; [to] certify qualified dental assistants; [to] issue licenses to dental hygienists through the New Mexico dental hygienists committee; [to] discipline incompetent or unprofessional dentists, dental assistants, owners of dental practices and, through the dental hygienists committee, dental hygienists; and [to] aid in the rehabilitation of impaired dentists and dental hygienists for the purpose of protecting the public."

     Section 8. Section 61-5A-3 NMSA 1978 (being Laws 1994, Chapter 55, Section 3, as amended) is amended to read:

     "61-5A-3. DEFINITIONS.--As used in the Dental Health Care Act:

          A. "assessment" means the review and documentation of the oral condition, and the recognition and documentation of deviations from the healthy condition, without a diagnosis to determine the cause or nature of disease or its treatment;

          B. "board" means the New Mexico medical board [of dental health care];

          C. "certified dental assistant" means an individual certified by the dental [assistant] assisting national board;

          D. "collaborative dental hygiene practice" means a New Mexico licensed dental hygienist practicing according to Subsections D and E of Section 61-5A-4 NMSA 1978;

          E. "committee" means the New Mexico dental hygienists committee;

          F. "consulting dentist" means a dentist who has entered into an approved agreement to provide consultation and create protocols with a collaborating dental hygienist and, when required, to provide diagnosis and authorization for services, in accordance with the rules of the board and the committee;

          G. "dental assistant certified in expanded functions" means a dental assistant who meets specific qualifications set forth by rule of the board;

          H. "dental hygienist" means an individual who has graduated and received a degree from a dental hygiene educational program accredited by the [joint] commission on dental accreditation, which provides a minimum of two academic years of dental hygiene curriculum and is an institution of higher education and, except as the context otherwise requires, who holds a license to practice dental hygiene in New Mexico;

          I. "dental laboratory" means any place where dental restorative, prosthetic, cosmetic and therapeutic devices or orthodontic appliances are fabricated, altered or repaired by one or more persons under the orders and authorization of a dentist;

          J. "dental technician" means an individual, other than a licensed dentist, who fabricates, alters, repairs or assists in the fabrication, alteration or repair of dental restorative, prosthetic, cosmetic and therapeutic devices or orthodontic appliances under the orders and authorization of a dentist;

          K. "dentist" means an individual who has graduated and received a degree from a school of dentistry that is accredited by the [joint] commission on dental accreditation and, except as the context otherwise requires, who holds a license to practice dentistry in New Mexico;

          L. "general supervision" means the authorization by a dentist of the procedures to be used by a dental hygienist, dental assistant or dental student and the execution of the procedures in accordance with a dentist's diagnosis and treatment plan at a time the dentist is not physically present and in facilities as designated by rule of the board;

          M. "indirect supervision" means that a dentist, or in certain settings a dental hygienist or dental assistant certified in expanded functions, is present in the treatment facility while authorized treatments are being performed by a dental hygienist, dental assistant or dental student; and

          N. "non-dentist owner" means an individual not licensed as a dentist in New Mexico or a corporate entity not owned by a majority interest of a New Mexico licensed dentist that employs or contracts with a dentist or dental hygienist to provide dental or dental hygiene services."

     Section 9. Section 61-5A-26 NMSA 1978 (being Laws 1994, Chapter 55, Section 26, as amended) is amended to read:

     "61-5A-26. FUND ESTABLISHED.--

          A. There is created in the state treasury the "[board of] dental health care fund".

          B. All money received by the board and money collected under the Dental Health Care Act shall be deposited with the state treasurer. The state treasurer shall credit this money to the [board of] dental health care fund except money collected for the impaired assessment, which shall be held separate from the [board] dental health care fund. Fees collected by the board from fines shall be deposited in the [board of] dental health care fund and, at the discretion of the board and the committee, may be transferred into the impaired dentists and dental hygienists fund.

          C. Payment out of the [board of] dental health care fund shall be on vouchers issued and signed by the secretary-treasurer of the board upon warrants drawn by the department of finance and administration in accordance with the budget approved by that department.

          D. All amounts paid into the [board of] dental health care fund are subject to the order of the board and are to be used only for meeting necessary expenses incurred in executing the provisions and duties of the Dental Health Care Act. All money unused at the end of any fiscal year shall remain in the fund for use in accordance with provisions of the Dental Health Care Act.

          E. All funds that have accumulated to the credit of the board under any previous law shall be continued for use by the board in administration of the Dental Health Care Act."

     Section 10. Section 61-6-1 NMSA 1978 (being Laws 1989, Chapter 269, Section 1, as amended) is amended to read:

     "61-6-1. SHORT TITLE--PURPOSE.--

          A. Chapter 61, Article 6 NMSA 1978 may be cited as the "Medical Practice Act".

          B. In the interest of the public health, safety and welfare and to protect the public from the improper, unprofessional, incompetent and unlawful practice of medicine, it is necessary to provide laws and rules controlling the granting and use of the privilege to practice medicine and to establish a medical board to implement and enforce the laws and rules.

          [C. The primary duties and obligations of the medical board are to issue licenses to qualified physicians, physician assistants and anesthesiologist assistants, to discipline incompetent or unprofessional physicians, physician assistants or anesthesiologist assistants and to aid in the rehabilitation of impaired physicians, physician assistants and anesthesiologist assistants for the purpose of protecting the public.]

          C. For the purpose of protecting the public, the primary duties and obligations of the medical board are:

                (1) to issue licenses to the following qualified practitioners:

                     (a) physicians, pursuant to the provisions of the Medical Practice Act;

                     (b) physician assistants, pursuant to the provisions of the Physician Assistant Act;

                     (c) anesthesiologist assistants, pursuant to the provisions of the Anesthesiologist Assistants Act;

                     (d) optometrists, pursuant to the provisions of the Optometry Act;

                     (e) nurses, pursuant to the provisions of the Nursing Practice Act;

                     (f) chiropractic physicians, pursuant to the provisions of the Chiropractic Physician Practice Act;

                     (g) podiatrists, pursuant to the provisions of the Podiatry Act;

                     (h) nutritionists and dietitians, pursuant to the Nutrition and Dietetics Practice Act;

                     (i) osteopathic physicians, pursuant to the provisions of Chapter 61, Article 10 NMSA 1978;

                     (j) dentists, pursuant to the provisions of the Dental Health Care Act;

                     (k) dental hygienists, pursuant to the provisions of the Dental Health Care Act;

                     (l) respiratory care practitioners, pursuant to the provisions of the Respiratory Care Act;

                     (m) massage therapists, pursuant to the provisions of the Massage Therapy Practice Act;

                     (n) naprapaths, pursuant to the provisions of the Naprapathic Practice Act;

                     (o) doctors of oriental medicine, pursuant to the provisions of the Acupuncture and Oriental Medicine Practice Act; and

                     (p) audiologists, otolaryngologists, hearing aid dispensers and speech-language pathologists, pursuant to the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;

                (2) to discipline practitioners listed in Paragraph (1) of this subsection who are incompetent or unprofessional; and

                (3) to aid in the rehabilitation of practitioners listed in Paragraph (1) of this subsection who are impaired."

Section 11. Section 61-6-17 NMSA 1978 (being Laws 1973,

Chapter 361, Section 8, as amended) is amended to read:

     "61-6-17. EXCEPTIONS TO ACT.--The Medical Practice Act shall not apply to or affect:

          A. gratuitous services rendered in cases of emergency;

          B. the domestic administration of family remedies;

          C. the practice of midwifery as regulated in this state;

          D. commissioned medical officers of the armed forces of the United States and medical officers of the United States public health service or the veterans administration of the United States in the discharge of their official duties or within federally controlled facilities; provided that such persons who hold medical licenses in New Mexico shall be subject to the provisions of the Medical Practice Act and provided that all such persons shall be fully licensed to practice medicine in one or more jurisdictions of the United States;

          E. the practice of medicine by a physician, unlicensed in New Mexico, who performs emergency medical procedures in air or ground transportation on a patient from inside of New Mexico to another state or back, provided the physician is duly licensed in that state;

          F. the practice, as defined and limited under their respective licensing laws, of:

                [(1) osteopathy;

                (2) dentistry;

                (3) podiatry;

                (4) nursing;

                (5) optometry;

                (6)] (1) psychology; or

                [(7) chiropractic;

                (8) pharmacy;

                (9) acupuncture and oriental medicine; or

                (10)] (2) physical therapy;

          G. an act, task or function performed by a physician assistant at the direction of and under the supervision of a licensed physician, when:

                (1) the physician assistant is currently licensed by the board;

                (2) the act, task or function is performed at the direction of and under the supervision of a licensed physician in accordance with rules promulgated by the board; and

                (3) the acts of the physician assistant are within the scope of duties assigned or delegated by the supervising licensed physician and the acts are within the scope of the assistant's training;

          H. an act, task or function of laboratory technicians or technologists, x-ray technicians, nurse practitioners, medical or surgical assistants or other technicians or qualified persons permitted by law or established by custom as part of the duties delegated to them by:

                (1) a licensed physician or a hospital, clinic or institution licensed or approved by the public health division of the department of health or an agency of the federal government; or

                (2) a health care program operated or financed by an agency of the state or federal government;

          I. a properly trained medical or surgical assistant or technician or professional licensee performing, under the physician's employment and direct supervision or a visiting physician or surgeon operating under the physician's direct supervision, a medical act that a reasonable and prudent physician would find within the scope of sound medical judgment to delegate if, in the opinion of the delegating physician, the act can be properly and safely performed in its customary manner and if the person does not hold [himself] the person's own self out to the public as being authorized to practice medicine in New Mexico. The delegating physician shall remain responsible for the medical acts of the person performing the delegated medical acts;

          J. the practice of the religious tenets of a church in the ministration to the sick or suffering by mental or spiritual means as provided by law; provided that the Medical Practice Act shall not be construed to exempt a person from the operation or enforcement of the sanitary and quarantine laws of the state;

          K. the acts of a physician licensed under the laws of another state of the United States who is the treating physician of a patient and orders home health or hospice services for a resident of New Mexico to be delivered by a home and community support services agency licensed in this state; provided that a change in the condition of the patient shall be physically reevaluated by the treating physician in the treating physician's jurisdiction or by a licensed New Mexico physician;

          L. a physician licensed to practice under the laws of another state who acts as a consultant to a New Mexico-licensed physician on an irregular or infrequent basis, as defined by rule of the board; and

          M. a physician who engages in the informal practice of medicine across state lines without compensation or expectation of compensation; provided that the practice of medicine across state lines conducted within the parameters of a contractual relationship shall not be considered informal and is subject to licensure and rule by the board."

     Section 12. Section 61-7A-3 NMSA 1978 (being Laws 1989, Chapter 387, Section 3) is amended to read:

     "61-7A-3. DEFINITIONS.--As used in the Nutrition and Dietetics Practice Act:

          A. "association" means the American dietetic association;

          B. "board" means the [nutrition and dietetics practice] New Mexico medical board;

          C. "commission" means the commission on dietetic registration that is a member of the national commission on health certifying agencies, which national commission establishes national standards of competence for individuals participating in the health care delivery system;

          D. "dietitian" means a health care professional who engages in nutrition or dietetics practice and uses the title dietitian;

          E. "nutrition or dietetics practice" means the integration and application of principles derived from the sciences of nutrition, biochemistry, physiology, food management and behavioral and social sciences to achieve and maintain human health through the provision of nutrition care services;

          F. "nutrition care services" means:

                (1) assessment of the nutritional needs of individuals and groups and [determining] determination of resources and constraints in the practice setting;

                (2) establishment of priorities, goals and objectives that meet nutritional needs in a manner consistent with available resources and constraints;

                (3) provision of nutrition counseling in health and disease;

                (4) development, implementation and management of nutrition care systems; and

                (5) evaluation, adjustment and maintenance of appropriate standards of quality in food and nutrition care;

          G. "nutritional assessment" means the evaluation of the nutritional needs of individuals and groups based upon appropriate biochemical, anthropometric, physical and dietary data to determine nutrient needs and [recommend] recommendation of appropriate nutritional intake, including enteral and parenteral nutrition;

          H. "nutrition counseling" means advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status;

          I. "nutrition associate" means a health care professional who engages in nutrition or dietetics practice under the supervision of a dietitian or nutritionist; and

          J. "nutritionist" means a health care professional who engages in nutrition or dietetics practice and uses the title nutritionist."

     Section 13. Section 61-8-2 NMSA 1978 (being Laws 1977, Chapter 221, Section 2, as amended) is amended to read:

     "61-8-2. DEFINITIONS.--As used in the Podiatry Act:           A. "board" means the New Mexico medical board [of podiatry];

          B. "foot and ankle radiation technologist" means a person who takes x-rays of the foot and ankle under the supervision of a podiatrist; and

          C. "practice of podiatry" means engaging in that primary health care profession, the members of which examine, diagnose, treat and prevent by medical, surgical and biomechanical means ailments affecting the human foot and ankle and the structures governing their functions, but does not include amputation of the foot or the personal administration of a general anesthetic. A podiatrist, pursuant to the laws of this state, is defined as a physician and surgeon within the scope of [his] the podiatrist's license."

     Section 14. Section 61-10-3 NMSA 1978 (being Laws 1933, Chapter 117, Section 2, as amended) is amended to read:

     "61-10-3. LICENSE.--It [shall be] is unlawful for any person to practice as an osteopathic physician in this state without a license [so to do] issued by the New Mexico medical board [of osteopathic medical examiners]; provided that any license or certificate [heretofore] previously issued under the laws of this state authorizing its holder to practice osteopathic medicine shall in no [wise] way be affected by the provisions of [this act] Chapter 61, Article 10 NMSA 1978."

     Section 15. Section 61-10-5 NMSA 1978 (being Laws 1933, Chapter 117, Section 4, as amended) is amended to read:

     "61-10-5. [BOARD OF EXAMINERS--APPOINTMENT--TERMS--MEETINGS--MEMBERSHIP] RULEMAKING--EXAMINATIONS.--

          [A. There is created the "board of osteopathic medical examiners". The board shall be administratively attached to the regulation and licensing department. The board consists of five members appointed by the governor; three members shall be regularly licensed osteopathic physicians in good standing in New Mexico, who have been so engaged for a period of at least two years immediately prior to their appointment and who are possessed of all the qualifications for applicants for licensure specified in Section 61-10-8 NMSA 1978, and two members shall represent the public. The public members of the board shall not have been licensed as osteopathic physicians, nor shall the public members have any significant financial interest, direct or indirect, in the occupation regulated.

          B. Board members' terms shall be for five years. The vacancy of the term of a member shall be filled by appointment by the governor to the unexpired portion of the five-year term. A board member whose term has expired shall serve until his successor is appointed.

          C. The board shall meet during the first quarter of the fiscal year and shall elect officers for the ensuing fiscal year. The board may hold other meetings as it deems necessary. A majority of the board constitutes a quorum.

          D.] A. The New Mexico medical board [shall have and use a common seal and is authorized to] may make and adopt all necessary rules and regulations relating to the enforcement of the provisions of Chapter 61, Article 10 NMSA 1978.

          [E.] B. Examinations shall be made at least twice a year at the time and place fixed by the New Mexico medical board. All applicants shall be given written notice of examinations at a reasonable prior date.

          [F. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance, for each day necessarily spent in the discharge of their duties.

          G. A board member failing to attend three consecutive meetings, either regular or special, shall automatically be removed as a member of the board.]"

     Section 16. Section 61-10-15 NMSA 1978 (being Laws 1933, Chapter 117, Section 13, as amended) is amended to read:

     "61-10-15. REFUSAL AND REVOCATION OF LICENSE.--The New Mexico medical board [of osteopathic medical examiners] may either refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:

          A. conviction of a felony, as shown by a certified copy of the record of the court of conviction;

          B. the obtaining of or an attempt to obtain a license or the practice in the profession for money or any other thing of value by fraudulent misrepresentation;

          C. gross malpractice;

          D. advertising, practicing or attempting to practice under a name other than one's own;

          E. advertising by means of knowingly false or deceptive statements;

          F. habitual drunkenness or habitual addiction to the use of morphine, cocaine or other habit-forming drugs; or

          G. immoral, dishonorable or unprofessional conduct.

     The board may [neither] not refuse to issue, [nor to] renew, [nor] suspend [nor] or revoke any license, however, for any of these causes, unless the person accused has been given at least twenty days' notice in writing of the charge against [him] the person accused, and a public hearing by the New Mexico medical board [of osteopathic medical examiners] with right of review of the board's decision by the district court of the first judicial district by certiorari on petition of the party against whom the board's decision is rendered.

     The New Mexico medical board [of osteopathic medical examiners] shall have the power to compel the attendance of witnesses and the production of relevant books and papers for the investigation of matters that may come before [them and] it. The presiding officer of [said] the board may administer the requisite oaths, and [said] the board shall have the same authority to compel the giving of testimony as is conferred on courts of justice."

     Section 17. Section 61-10-17 NMSA 1978 (being Laws 1933, Chapter 117, Section 15, as amended) is amended to read:

     "61-10-17. RECORDS.--The New Mexico medical board [of osteopathic medical examiners] shall keep a record, which shall be open to all proper parties for inspection at all reasonable times, of its proceedings relating to the issuance, refusal, renewal, suspension or revocation of licenses to practice in accordance with [this act] Chapter 61, Article 10 NMSA 1978. This record shall also contain the name, place of business and residence, the date and the number of the license of every osteopathic physician licensed under [this act] Chapter 61, Article 10 NMSA 1978."

     Section 18. Section 61-10-21 NMSA 1978 (being Laws 1945, Chapter 79, Section 7, as amended) is amended to read:

     "61-10-21. FAILURE TO COMPLY--CANCELLATION OF LICENSE--REINSTATEMENT--TEMPORARY CANCELLATION AT LICENSEE'S REQUEST.--

          A. In the event any licensee fails to comply with the requirements of Section 61-10-19 NMSA 1978, [he] the licensee shall, upon order of the New Mexico medical board [of osteopathic medical examiners], forfeit [his] the licensee's right to practice osteopathic medicine and surgery in this state and [his] the licensee's license and certificate shall be canceled; provided, however, that [the secretary of] the board may reinstate [him] the licensee upon the payment of all fees due and upon the presentation of satisfactory evidence of the attendance at an educational program as provided for in Chapter 61, Article 10 NMSA 1978.

          B. It is further provided that any person licensed to practice osteopathic medicine and surgery in New Mexico desiring to withdraw from the active practice of [his] the licensee's profession in this state shall have the right to apply to the [secretary of the] New Mexico medical board [of osteopathic medical examiners] for a temporary suspension of [his] the licensee's certificate to practice osteopathic medicine in this state, with the right to renew and reinstate [his] the licensee's certificate if [he] the licensee so desires, upon a showing that [he] the licensee has paid the appropriate fees on or before July 1 of each year."

     Section 19. Section 61-12B-3 NMSA 1978 (being Laws 1984, Chapter 103, Section 3, as amended) is amended to read:

     "61-12B-3. DEFINITIONS.--As used in the Respiratory Care Act: 

          A. "board" means the [advisory] New Mexico medical board [of respiratory care practitioners];

          B. "department" means the regulation and licensing department or that division of the department designated to administer the provisions of the Respiratory Care Act;

          C. "respiratory care" means a health care profession, under medical direction, employed in the therapy, management, rehabilitation, diagnostic evaluation and care of patients with deficiencies and abnormalities that affect the cardiopulmonary system and associated aspects of other system functions, and the terms "respiratory therapy" and "inhalation therapy" where such terms mean respiratory care;

          D. "practice of respiratory care" includes:

                (1) direct and indirect cardiopulmonary care services that are of comfort, safe, aseptic, preventative and restorative to the patient;

                (2) cardiopulmonary care services, including the administration of pharmacological, diagnostic and therapeutic agents related to cardiopulmonary care necessary to implement treatment, disease prevention, cardiopulmonary rehabilitation or a diagnostic regimen, including paramedical therapy and baromedical therapy;

                (3) specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, monitoring, treatment and research of cardiopulmonary abnormalities, including pulmonary function testing, hemodynamic and physiologic monitoring of cardiac function and collection of arterial and venous blood for analysis;

                (4) observation, assessment and monitoring of signs and symptoms, general behavior, general physical response to cardiopulmonary care treatment and diagnostic testing, including determination of whether such signs, symptoms, reactions, behavior or general response exhibit abnormal characteristics;

                (5) implementation based on observed abnormalities, appropriate reporting, referral, respiratory care protocols or changes in treatment, pursuant to a prescription by a physician authorized to practice medicine or other person authorized by law to prescribe, or the initiation of emergency procedures or as otherwise permitted in the Respiratory Care Act;

                (6) establishing and maintaining the natural airways, insertion and maintenance of artificial airways, bronchopulmonary hygiene and cardiopulmonary resuscitation, along with cardiac and ventilatory life support assessment and evaluation; and

                (7) the practice performed in a clinic, hospital, skilled nursing facility, private dwelling or other place deemed appropriate or necessary by the department;

          E. "expanded practice" means the practice of respiratory care by a respiratory care practitioner who has been prepared through a formal training program to function beyond the scope of practice of respiratory care as defined by rule of the department;

          F. "respiratory care practitioner" means a person who is licensed to practice respiratory care in New Mexico;

          G. "respiratory care protocols" means a predetermined, written medical care plan, which can include standing orders;

          H. "respiratory therapy training program" means an education course of study as defined by rule of the department; and

          I. "superintendent" means the superintendent of regulation and licensing."

     Section 20. Section 61-12C-3 NMSA 1978 (being Laws 1991, Chapter 147, Section 3, as amended) is amended to read:

     "61-12C-3. DEFINITIONS.--As used in the Massage Therapy Practice Act:

          A. "board" means the [massage therapy] New Mexico medical board;

          B. "department" means the regulation and licensing department;

          C. "jurisprudence" means the statutes and rules of the state pertaining to the practice of massage therapy;

          D. "massage therapist" means a person licensed to practice massage therapy pursuant to the Massage Therapy Practice Act;

          E. "massage therapy" means the treatment of soft tissues for therapeutic purposes, primarily comfort and relief of pain; it is a health care service that includes gliding, kneading, percussion, compression, vibration, friction, nerve strokes, stretching the tissue and exercising the range of motion and may include the use of oils, salt glows, hot or cold packs or hydrotherapy. Synonymous terms for massage therapy include massage, therapeutic massage, body massage, myomassage, bodywork, body rub or any derivation of those terms. "Massage therapy" does not include the diagnosis or treatment of illness or disease or any service or procedure for which a license to practice medicine, nursing, chiropractic, physical therapy, occupational therapy, acupuncture or podiatry is required by law; and

          F. "massage therapy school" means a facility providing an educational program in massage therapy that is registered with the board."

     Section 21. Section 61-12E-2 NMSA 1978 (being Laws 2003, Chapter 60, Section 2) is amended to read:

     "61-12E-2. DEFINITIONS.--As used in the Naprapathic Practice Act:

          A. "applicant" means a person who is applying to be licensed [for the first time] as a naprapath in New Mexico;

          B. "board" means the [naprapathic practice] New Mexico medical board;

          C. "department" means the regulation and licensing department;

          D. "fund" means the naprapathy fund;

          E. "license" means an authorization by the superintendent that permits a person to practice naprapathy in the state;

          F. "licensee" means a person licensed by the superintendent as a naprapath;

          G. "naprapath" means a person who practices naprapathy; and

          H. "superintendent" means the superintendent of regulation and licensing."

     Section 22. Section 61-14A-2 NMSA 1978 (being Laws 1993, Chapter 158, Section 10) is amended to read:

     "61-14A-2. PURPOSE.--In the interest of the public health, safety and welfare and to protect the public from the unprofessional, improper, incompetent and unlawful practice of acupuncture and oriental medicine, it is necessary to provide laws and regulations to govern the practice of acupuncture and oriental medicine. [The primary responsibility and obligation of the board of acupuncture and oriental medicine is to protect the public.]"

     Section 23. 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. "board" means the New Mexico medical board [of acupuncture and oriental medicine];

          C. "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. "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. "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. "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. "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 herbal medicines, homeopathic medicines, vitamins, minerals, enzymes, glandular products, natural substances, natural medicines, protomorphogens, live cell products, gerovital, amino acids, 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. "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 24. Section 61-14A-18 NMSA 1978 (being Laws 1993, Chapter 158, Section 26) is amended to read:

     "61-14A-18. FUND CREATED.--

          A. There is created in the state treasury the ["board of] "acupuncture and oriental medicine fund".

          B. All money received by the board pursuant to the Acupuncture and Oriental Medicine Practice Act shall be deposited with the state treasurer for credit to the [board of] acupuncture and oriental medicine fund. The state treasurer shall invest the fund as other state funds are invested. All balances in the fund shall remain in the fund and shall not revert to the general fund.

          C. Money in the [board of] acupuncture and oriental medicine fund is appropriated to the board and shall be used only for the purpose of meeting the necessary expenses incurred in carrying out the provisions of the Acupuncture and Oriental Medicine Practice Act."

     Section 25. Section 61-14B-2 NMSA 1978 (being Laws 1996, Chapter 57, Section 2, as amended) is amended to read:

     "61-14B-2. DEFINITIONS.--As used in the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act:

          A. "apprentice" means a person working toward full licensure in speech-language pathology who meets the requirements for licensure as an apprentice in speech and language pursuant to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;

          B. "auditory trainer" means a custom-fitted FM amplifying instrument other than a hearing aid designed to enhance signal-to-noise ratios;

          C. "audiologist" means a person who engages in the practice of audiology, who may or may not dispense hearing aids and who meets the qualifications set forth in the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;

          D. "board" means the [speech-language pathology, audiology and hearing aid dispensing practices] New Mexico medical board;

          E. "business location" means a permanent physical business location in New Mexico where records can be examined and process served;

          F. "clinical fellow" means a person who has completed all academic course work and practicum requirements for a master's degree or the equivalent in speech-language pathology or audiology or both and engages in the practice of speech-language pathology or audiology as set forth in the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;

          G. "clinical fellowship year" or "CFY" means the time following the completion of all academic course work and practicum requirements for a master's degree in speech- language pathology or audiology or both and during which a clinical fellow is working [towards] toward a certificate of clinical competence from a nationally recognized speech-language or hearing association or the equivalent;

          H. "CFY supervisor" means a person licensed pursuant to the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act who oversees the work of a clinical fellow and is so designated in the CFY plan that is approved by the board;

          I. "department" means the regulation and licensing department;

          J. "hearing aid" means [any] a wearable instrument or device designed or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories, including earmolds but excluding batteries and cords;

          K. "hearing aid dispenser" means [any] a person other than [a] an audiologist or an otolaryngologist who is licensed to sell, fit and service hearing aids [under] pursuant to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act and maintains or occupies a permanent physical business location in New Mexico where records can be examined and process can be served;

          L. "otolaryngologist" means a licensed physician who has completed a recognized residency in otolaryngology and is certified by the American board of otolaryngology;

          M. "paraprofessional" means a person who provides adjunct speech-pathology or audiology services under the direct supervision of a licensed speech-language pathologist or audiologist;

          N. "practice of audiology" means the application of principles, methods and procedures of measurement, testing, appraisal, prognostication, aural rehabilitation, aural habilitation, consultation, hearing aid selection and fitting, counseling, instruction and research related to hearing and disorders of hearing for the purpose of nonmedical diagnosis, prevention, identification, amelioration or the modification of communicative disorders involving speech, language auditory function or other aberrant behavior related to hearing disorders;

          O. "practice of hearing aid dispensing" means the behavioral measurement of human hearing for the purpose of the selection and fitting of hearing aids or other rehabilitative devices to ameliorate the dysfunction of hearing sensitivity; this may include otoscopic inspection of the ear, fabrication of ear impressions and earmolds, instruction, consultation and counseling on the use and care of these instruments, medical referral when appropriate and the analysis of function and servicing of these instruments involving their modification or adjustment;

          P. "practice of speech-language pathology" means the rendering or offering to render to individuals, groups, organizations or the public any service in speech or language pathology involving the nonmedical application of principles, methods and procedures for the measurement, testing, diagnosis, prognostication, counseling and instruction related to the development and disorders of communications, speech, fluency, voice, verbal and written language, auditory comprehension, cognition, dysphagia, oral pharyngeal or laryngeal sensorimotor competencies and treatment of persons requiring use of an augmentative communication device for the purpose of nonmedical diagnosing, preventing, treating and ameliorating such disorders and conditions in individuals and groups of individuals;

          Q. "screening" means a pass-fail procedure to identify individuals who may require further assessment in the areas of speech-language pathology, audiology or hearing aid dispensing;

          R. "speech-language pathologist" means a person who engages in the practice of speech-language pathology and who meets the qualifications set forth in the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;

          S. "sponsor" means a licensed hearing aid dispenser, audiologist or otolaryngologist who has an endorsement to dispense hearing aids and:

                (1) is employed in the same business location where the trainee is being trained; and

                (2) has been actively engaged in the dispensing of hearing aids during three of the past five years;

          T. "student" means [any] a person who is a full- or part-time student enrolled in an accredited college or university program in speech-language pathology, audiology or communicative disorders;

          U. "supervisor" means a speech-language pathologist or audiologist licensed pursuant to the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act who provides supervision in the area of speech-language pathology or audiology; and

          V. "trainee" means a person working toward full licensure as a hearing aid dispenser under the direct supervision of a sponsor."

     Section 26. Section 61-14B-24 NMSA 1978 (being Laws 1996, Chapter 57, Section 24) is amended to read:

     "61-14B-24. FUND ESTABLISHED.--

          A. There is created in the state treasury the "speech-language pathology, audiology and hearing aid dispensing practices [board] fund".

          B. All money received by the board under the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act shall be deposited with the state treasurer for credit to the speech-language pathology, audiology and hearing aid dispensing practices [board] fund. The state treasurer shall invest the fund as other state funds are invested. All balances in the fund shall remain in the fund and shall not revert to the general fund.

          C. Money in the speech-language pathology, audiology and hearing aid dispensing practices [board] fund is appropriated to the board and shall be used only for the purpose of carrying out the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act."

     Section 27. TEMPORARY PROVISION--TRANSFER TO THE NEW MEXICO MEDICAL BOARD OF THE BOARD OF PHARMACY FUNCTIONS, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

          A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the board of pharmacy are transferred to the New Mexico medical board.

          B. On the effective date of this act, all contractual obligations of the board of pharmacy shall be deemed to be contractual obligations of the New Mexico medical board.

          C. On the effective date of this act, all references in law to the board of pharmacy shall be deemed to be references to the New Mexico medical board.

     Section 28. TEMPORARY PROVISION--TRANSFER TO THE NEW MEXICO MEDICAL BOARD OF THE BOARD OF OPTOMETRY FUNCTIONS, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

          A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the board of optometry are transferred to the New Mexico medical board.

          B. On the effective date of this act, all contractual obligations of the board of optometry shall be deemed to be contractual obligations of the New Mexico medical board.

          C. On the effective date of this act, all references in law to the board of optometry shall be deemed to be references to the New Mexico medical board.

     Section 29. TEMPORARY PROVISION--TRANSFER TO THE NEW MEXICO MEDICAL BOARD OF THE BOARD OF NURSING FUNCTIONS, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

          A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the board of nursing are transferred to the New Mexico medical board.

          B. On the effective date of this act, all contractual obligations of the board of nursing shall be deemed to be contractual obligations of the New Mexico medical board.

          C. On the effective date of this act, all references in law to the board of nursing shall be deemed to be references to the New Mexico medical board.

     Section 30. TEMPORARY PROVISION--TRANSFER TO THE NEW MEXICO MEDICAL BOARD OF THE CHIROPRACTIC BOARD FUNCTIONS, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

          A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the chiropractic board are transferred to the New Mexico medical board.

          B. On the effective date of this act, all contractual obligations of the chiropractic board shall be deemed to be contractual obligations of the New Mexico medical board.

          C. On the effective date of this act, all references in law to the chiropractic board shall be deemed to be references to the New Mexico medical board.

     Section 31. TEMPORARY PROVISION--TRANSFER TO THE NEW MEXICO MEDICAL BOARD OF THE NEW MEXICO BOARD OF DENTAL HEALTH CARE FUNCTIONS, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

          A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the New Mexico board of dental health care are transferred to the New Mexico medical board.

          B. On the effective date of this act, all contractual obligations of the New Mexico board of dental health care shall be deemed to be contractual obligations of the New Mexico medical board.

          C. On the effective date of this act, all references in law to the New Mexico board of dental health care shall be deemed to be references to the New Mexico medical board.

     Section 32. TEMPORARY PROVISION--TRANSFER TO THE NEW MEXICO MEDICAL BOARD OF THE NUTRITION AND DIETETICS PRACTICE BOARD FUNCTIONS, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

          A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the nutrition and dietetics practice board are transferred to the New Mexico medical board.

          B. On the effective date of this act, all contractual obligations of the nutrition and dietetics practice board shall be deemed to be contractual obligations of the New Mexico medical board.

          C. On the effective date of this act, all references in law to the nutrition and dietetics practice board shall be deemed to be references to the New Mexico medical board.

     Section 33. TEMPORARY PROVISION--TRANSFER TO THE NEW MEXICO MEDICAL BOARD OF THE BOARD OF PODIATRY FUNCTIONS, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

          A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the board of podiatry are transferred to the New Mexico medical board.

          B. On the effective date of this act, all contractual obligations of the board of podiatry shall be deemed to be contractual obligations of the New Mexico medical board.

          C. On the effective date of this act, all references in law to the board of podiatry shall be deemed to be references to the New Mexico medical board.

     Section 34. TEMPORARY PROVISION--TRANSFER TO THE NEW MEXICO MEDICAL BOARD OF THE BOARD OF OSTEOPATHIC MEDICAL EXAMINERS FUNCTIONS, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

          A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the board of osteopathic medical examiners are transferred to the New Mexico medical board.

          B. On the effective date of this act, all contractual obligations of the board of osteopathic medical examiners shall be deemed to be contractual obligations of the New Mexico medical board.

          C. On the effective date of this act, all references in law to the board of osteopathic medical examiners shall be deemed to be references to the New Mexico medical board.

     Section 35. TEMPORARY PROVISION--TRANSFER TO THE NEW MEXICO MEDICAL BOARD OF THE ADVISORY BOARD OF RESPIRATORY CARE PRACTITIONERS FUNCTIONS, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

          A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the advisory board of respiratory care practitioners are transferred to the New Mexico medical board.

          B. On the effective date of this act, all contractual obligations of the advisory board of respiratory care practitioners shall be deemed to be contractual obligations of the New Mexico medical board.

          C. On the effective date of this act, all references in law to the advisory board of respiratory care practitioners shall be deemed to be references to the New Mexico medical board.

     Section 36. TEMPORARY PROVISION--TRANSFER TO THE NEW MEXICO MEDICAL BOARD OF THE MASSAGE THERAPY BOARD FUNCTIONS, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

          A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the massage therapy board are transferred to the New Mexico medical board.

          B. On the effective date of this act, all contractual obligations of the massage therapy board shall be deemed to be contractual obligations of the New Mexico medical board.

          C. On the effective date of this act, all references in law to the massage therapy board shall be deemed to be references to the New Mexico medical board.

     Section 37. TEMPORARY PROVISION--TRANSFER TO THE NEW MEXICO MEDICAL BOARD OF THE NAPRAPATHIC PRACTICE BOARD FUNCTIONS, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

          A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the naprapathic practice board are transferred to the New Mexico medical board.

          B. On the effective date of this act, all contractual obligations of the naprapathic practice board shall be deemed to be contractual obligations of the New Mexico medical board.

          C. On the effective date of this act, all references in law to the naprapathic practice board shall be deemed to be references to the New Mexico medical board.

     Section 38. TEMPORARY PROVISION--TRANSFER TO THE NEW MEXICO MEDICAL BOARD OF THE BOARD OF ACUPUNCTURE AND ORIENTAL MEDICINE FUNCTIONS, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

          A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the board of acupuncture and oriental medicine are transferred to the New Mexico medical board.

          B. On the effective date of this act, all contractual obligations of the board of acupuncture and oriental medicine shall be deemed to be contractual obligations of the New Mexico medical board.

          C. On the effective date of this act, all references in law to the board of acupuncture and oriental medicine shall be deemed to be references to the New Mexico medical board.

     Section 39. TEMPORARY PROVISION--TRANSFER TO THE NEW MEXICO MEDICAL BOARD OF THE SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY AND HEARING AID DISPENSING PRACTICES BOARD FUNCTIONS, APPROPRIATIONS, MONEY, RECORDS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

          A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment, supplies and other property of the speech-language pathology, audiology and hearing aid dispensing practices board are transferred to the New Mexico medical board.

          B. On the effective date of this act, all contractual obligations of the speech-language pathology, audiology and hearing aid dispensing practices board shall be deemed to be contractual obligations of the New Mexico medical board.

          C. On the effective date of this act, all references in law to the speech-language pathology, audiology and hearing aid dispensing practices board shall be deemed to be references to the New Mexico medical board.

     Section 40. REPEAL.--

          A. Section 61-2-5 NMSA 1978 (being Laws 1973, Chapter 353, Section 4, as amended) is repealed.

          B. Section 61-2-18 NMSA 1978 (being Laws 1979, Chapter 12, Section 3, as amended) is repealed.

          C. Section 61-3-8 NMSA 1978 (being Laws 1968, Chapter 44, Section 5, as amended) is repealed.

          D. Section 61-4-3 NMSA 1978 (being Laws 1968, Chapter 3, Section 3, as amended) is repealed.

          E. Section 61-4-17 NMSA 1978 (being Laws 1979, Chapter 77, Section 2, as amended) is repealed.

          F. Section 61-5A-8 NMSA 1978 (being Laws 1994, Chapter 55, Section 8, as amended) is repealed.

          G. Section 61-5A-30 NMSA 1978 (being Laws 1994, Chapter 55, Section 42, as amended) is repealed.

          H. Section 61-7A-5 NMSA 1978 (being Laws 1989, Chapter 387, Section 5, as amended) is repealed.

          I. Section 61-7A-15 NMSA 1978 (being Laws 1989, Chapter 387, Section 15, as amended) is repealed.

          J. Section 61-8-5 NMSA 1978 (being Laws 1977, Chapter 221, Section 5, as amended) is repealed.

          K. Section 61-8-17 NMSA 1978 (being Laws 1979, Chapter 385, Section 2, as amended) is repealed.

          L. Section 61-10-22 NMSA 1978 (being Laws 1978, Chapter 36, Section 2, as amended) is repealed.

          M. Section 61-12B-5 NMSA 1978 (being Laws 1984, Chapter 103, Section 5, as amended) is repealed.

          N. Section 61-12B-16 NMSA 1978 (being Laws 1984, Chapter 103, Section 17, as amended) is repealed.

          O. Section 61-12C-7 NMSA 1978 (being Laws 1991, Chapter 147, Section 7, as amended) is repealed.

          P. Section 61-12C-28 NMSA 1978 (being Laws 1993, Chapter 173, Section 21, as amended) is repealed.

          Q. Section 61-12E-9 NMSA 1978 (being Laws 2003, Chapter 60, Section 9) is repealed.

          R. Section 61-12E-17 NMSA 1978 (being Laws 2003, Chapter 60, Section 17) is repealed.

          S. Section 61-14A-7 NMSA 1978 (being Laws 1993, Chapter 158, Section 15, as amended) is repealed.

          T. Section 61-14A-22 NMSA 1978 (being Laws 1993, Chapter 158, Section 30, as amended) is repealed.

          U. Section 61-14B-9 NMSA 1978 (being Laws 1996, Chapter 57, Section 9) is repealed.

          V. Section 61-14B-25 NMSA 1978 (being Laws 1996, Chapter 57, Section 25, as amended) is repealed. 

     Section 41. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.

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