SENATE BILL 161

50th legislature - STATE OF NEW MEXICO - first session, 2011

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. "health professional" means a person with an occupation licensed pursuant to Chapter 61 NMSA 1978;

          D. "licensing board" means a licensing board of a specific health profession regulated pursuant to Chapter 61 NMSA 1978; and

          E. "scope of practice" means those practice activities permitted in 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. Upon receipt of a request for review of a proposed change, the licensing board shall:

          A. collect data, including information from the requester and all other appropriate persons, necessary to review the proposed change;

          B. conduct a technical assessment of the proposed change, with the assistance of a technical advisory group established by the licensing board for that specific purpose, if necessary, to determine whether the change is within the health profession's current scope of practice or could be accomplished with expanded education or training;

          C. hold a public hearing concerning the proposed change 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 benefit to the health, safety or welfare of health care consumers; whether the proposed change offers potential harm to the health, safety and welfare of health care consumers; and whether the potential benefits of the proposed change outweigh the potential harm;

                (2) the likely economic impact on overall health care delivery of the proposed change; and

                (3) 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, concerning the proposed change 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 profession seeking licensure as a health profession or any other person seeking to license a profession as a new health profession shall notify the department and shall request a review concerning the proposed licensure. This shall be done in conjunction with an application as required by Section 12-9A-4 NMSA 1978. Upon receipt of an application to license a new health profession, 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, with the assistance of a technical advisory group established by the department for that specific purpose, if necessary, to determine whether the proposed licensure is in the profession's scope of practice;

          C. hold a public hearing concerning the proposed licensure 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 benefit to the health, safety or welfare of health care consumers; whether the proposed licensure offers potential harm to the health, safety and welfare of health care consumers; and whether the potential benefits of the proposed licensure outweigh the potential harm;

                (2) the likely economic impact on overall health care delivery of the proposed licensure; and                        (3) 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, on the proposed licensure 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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