SENATE BILL 323

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

INTRODUCED BY

Gay G. Kernan

AN ACT

RELATING TO HEALTH CARE PROVIDERS; CHANGING THE PENALTY FOR VIOLATING CERTAIN ADVERTISING REQUIREMENTS; REQUIRING NAME TAGS AND THE DISPLAY OF A DIPLOMA OR CERTIFICATE IN CERTAIN CIRCUMSTANCES.

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

     SECTION 1. Section 57-21-2 NMSA 1978 (being Laws 1983, Chapter 79, Section 2) is amended to read:

     "57-21-2. DEFINITION.--As used in [this act] Chapter 57, Article 21 NMSA 1978, "health care [practitioner] provider" means anyone licensed or certified to provide health care services in this state and includes but is not limited to nurses, physicians, dentists, [osteopaths, chiropractors] osteopathic physicians, chiropractic physicians, optometrists, podiatrists, [acupuncturists] doctors of oriental medicine, psychiatrists, psychologists and physical therapists [provided that "health care practitioner" shall not include anyone licensed to provide health care services in this state who employs ten or more physicians]."

     SECTION 2. Section 57-21-3 NMSA 1978 (being Laws 1983, Chapter 79, Section 3) is amended to read:

     "57-21-3. ADVERTISING REQUIREMENTS--[PENALTY] NAME TAG REQUIRED--DISCIPLINARY ACTION.--

          A. [Any] A health care [practitioner] provider advertising services to the public shall state in the advertisement [his] the health care provider's name, address or telephone number and the designation of the profession in which [he] the health care provider is licensed or certified to practice.

          [B. Anyone violating the provisions of Subsection A of this section is guilty of a misdemeanor.]

          B. A health care provider providing health care services shall wear a name tag during all patient encounters that clearly identifies the type of license or certification held by the provider. The health care provider shall display in the provider's principal office the education diploma or certification that clearly identifies the type of license or certification held by the provider.

          C. A facility that employs one or more health care providers shall require each employee who is not a health care provider but who assists health care providers in patient encounters, including but not limited to nursing aides, nursing assistants and medical technicians, to wear a name tag with the employee's name and position during all patient encounters.

          D. A health care provider or facility may be guilty of unprofessional conduct if the licensing board governing the health care provider or facility finds that the health care provider or facility consistently refuses to comply with the requirements of this section. Any person witnessing a violation of this section may file a complaint with the facility at which a health care provider is employed or with the appropriate licensing board."

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