HOUSE HEALTH COMMITTEE SUBSTITUTE FOR

HOUSE BILL 102

52nd legislature - STATE OF NEW MEXICO - second session, 2016

AN ACT

RELATING TO HEALTH PROFESSIONS; PROVIDING FOR A PROCESS TO EVALUATE PROPOSED STATUTORY CHANGES IN SCOPE OF PRACTICE, THE REGULATION OF AN UNREGULATED HEALTH PROFESSION AND THE ESTABLISHMENT OF A LICENSING BOARD.

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

     SECTION 1. [NEW MATERIAL] COMMITTEE CREATED.--

          A. The "scope of practice committee" is created.

          B. The committee shall be composed of eight members. Four members shall be appointed by the speaker of the house of representatives, and four members shall be appointed by the senate committees' committee, or if appointments are made in the interim, by the president pro tempore of the senate after consultation with and agreement of a majority of the members of the committees' committee.

          C. Members shall be appointed from each house so as to give the two major political parties in each house the same proportional representation on the committee as prevails in each house; however, in no event shall either party have less than one member from each house on the committee. Vacancies on the committee shall be filled by appointment in the same manner as the original appointments.

          D. A member of the committee who is licensed in a health profession for which a proposed statutory change in scope of practice is before the committee shall not participate in the committee's review, findings, recommendations or report pursuant to Section 4 of this act.

          E. The committee may meet during legislative sessions as needed.

          F. The staff for the committee shall be provided by the legislative council service.

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--For the purposes of Sections 1 through 4 of this act:

          A. "committee" means the scope of practice committee;

          B. "health profession" means a health-related activity or occupation regulated pursuant to Chapter 61 NMSA 1978 or proposed for regulation;

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

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

     SECTION 3. [NEW MATERIAL] REVIEW OF PROPOSAL.--A person proposing a statutory change to an existing scope of practice, the regulation of an unregulated health profession or the establishment of a licensing board may submit such proposal to the committee for review.

     SECTION 4. [NEW MATERIAL] COMMITTEE REVIEW OF PROPOSED STATUTORY CHANGE IN SCOPE OF PRACTICE, REGULATION OF AN UNREGULATED HEALTH PROFESSION OR ESTABLISHMENT OF A LICENSING BOARD.--

          A. The committee shall review:

                (1) a proposed statutory change to an existing scope of practice;

                (2) the proposed regulation of an unregulated health profession; or

                (3) the proposed establishment of a licensing board.

          B. As to each proposal submitted for review, the committee shall:

                (1) collect data, including information from proponents and opponents of the proposal before the committee and from all other appropriate persons, as necessary to evaluate the proposal;

                (2) ensure appropriate public notice of the committee's proceedings and provide for public comment on the proposal;

                (3) invite comment from persons with knowledge in the field of the proposal;

                (4) assess the proposal considering the following:

                     (a) the potential harm or benefit to the health, safety and welfare of the public;

                     (b) the impact on overall health care costs;

                     (c) the impact on access to and quality of health care in New Mexico; and

                     (d) whether the public health, safety and welfare can be effectively protected by other more cost-effective means; and

                (5) summarize its findings and recommendations in a final report to be delivered to the standing committees to which legislation regarding the proposal is referred.

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