HOUSE BILL 232

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Patricio Ruiloba

AN ACT

RELATING TO PROFESSIONAL LICENSURE; AMENDING A SECTION OF THE ACUPUNCTURE AND ORIENTAL MEDICINE PRACTICE ACT TO CLARIFY EXPANDED PRACTICE AND ADD SUBSTANCES TO PRESCRIPTIVE AUTHORITY.

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

     SECTION 1. Section 61-14A-8.1 NMSA 1978 (being Laws 2000, Chapter 53, Section 12, as amended) is amended to read:

     "61-14A-8.1. EXPANDED PRACTICE AND PRESCRIPTIVE AUTHORITY--CERTIFICATIONS.--

          A. The board shall issue certifications, as determined by rule of the board, for expanded practice and prescriptive authority only for the substances enumerated in Paragraphs (1) and (2) of Subsection C of this section to a doctor of oriental medicine who has submitted completed forms provided by the board, paid the application fee for certification and submitted proof of successful completion of additional training required by rule of the board. The board shall adopt the rules determined by the board of pharmacy for additional training required for the prescribing, administering, compounding or dispensing of caffeine, procaine, oxygen, epinephrine and bioidentical hormones [The]; provided that the board and the board of pharmacy shall consult as appropriate regarding rules adopted pursuant to this subsection.

          B. The board shall issue certifications in the [four] five expanded [practices] practice categories of basic injection therapy, injection therapy, intravenous therapy [and], bioidentical hormone therapy and holistic integrative medicine. The board shall issue certification in holistic integrative medicine to any doctor of oriental medicine who is certified in all of the following:

                (1) injection therapy;

                (2) intravenous therapy; and

                (3) bioidentical hormone therapy.

          C. A doctor of oriental medicine certified in holistic integrative medicine is authorized to compound, dispense and administer all of the substances listed in Subsection D of this section.

          [C.] D. The expanded practice and prescriptive authority shall include:

                (1) the prescribing, administering, compounding and dispensing of:

                     (a) herbal medicines, homeopathic medicines, vitamins, minerals, amino acids, proteins, enzymes, carbohydrates, lipids, glandular products, natural substances, natural products, natural medicines, protomorphogens, live cell products, gerovital, 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

                     (b) any substance necessary to manufacture, compound, stabilize, preserve or administer the substances listed in Subparagraph (a) of this paragraph; and

                (2) the prescribing, administering, compounding and dispensing of the following dangerous drugs or controlled substances as [they] dangerous drugs and controlled substances are defined in the New Mexico Drug, Device and Cosmetic Act, the Controlled Substances Act or the Pharmacy Act, if the prescribing doctor of oriental medicine has fulfilled the requirements for expanded practice and prescriptive authority in accordance with the rules promulgated by the board for the substances [enumerated in this paragraph] listed in Subparagraph (a) of Paragraph (1) of this subsection:

                     (a) sterile water;

                     (b) sterile saline;

                     (c) sarapin or its generic;

                     (d) caffeine;

                     (e) procaine;

                     (f) lidocaine;

                     (g) ropivacaine;

                     (h) nitrous oxide;

                     [(f)] (i) oxygen;

                     (j) diphenhydramine;

                     [(g)] (k) epinephrine;

                     [(h)] (l) vapocoolants;

                     [(i)] (m) bioidentical hormones;

                     (n) substances used for detoxification and chelation;

                     [(j)] (o) biological products, including therapeutic serum; and

                     [(k)] (p) any of the drugs or substances enumerated in Paragraph (1) of this subsection if at any time those drugs or substances are classified as dangerous drugs or controlled substances.

          [D.] E. When compounding drugs for their patients, doctors of oriental medicine certified for expanded practice and prescriptive authority shall comply with the compounding requirements for licensed health care professionals in the United States pharmacopeia and national formulary."