March 1, 1999

Mr. President:

Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 1, line 21, strike "a" and insert in lieu thereof "the American pain society, the American geriatric society, the agency for health care policy, the national cancer pain initiatives or any other".

2. On page 1, line 25, after "opinion" insert "whose guidelines have been accepted by the New Mexico board of medical examiners".

3. On page 2, line 7, strike "informal," and insert in lieu thereof "any" and after "formal" strike the comma.

4. On page 2, line 8, strike "remedial and punitive actions" and insert in lieu thereof "action".

5. On page 2, line 9, after "provider" insert ", upon a

finding of probable cause that the health care provider has engaged in conduct that violates the Medical Practice Act".

6. On page 2, line 16, strike "temporary" and insert in lieu thereof "recurring".

7. On page 2, line 25, after "No" strike the remainder of the line.

8. On page 3, line 1, strike "shall be brought against a".

9. On page 3, line 3, strike "therapeutic".

10. On page 3, line 7, after "Act" insert:

"shall be subject to disciplinary action or criminal prosecution, unless the showing of substantial compliance with an accepted guideline is rebutted by clinical expert testimony".

11. On page 3, line 14, after the period strike the remainder of the line and strike all of lines 15 and 16.

12. On page 3, line 22, strike lines 22 and 23 and insert in lieu of:

"A showing of substantial compliance with an accepted guideline can only be rebutted by clinical expert testimony.".

13. On page 4, line 23, strike "own" and after "use" insert "or to other persons".,

and thence referred to the JUDICIARY COMMITTEE.

Respectfully submitted,

__________________________________

Shannon Robinson, Chairman

Adopted_______________________ Not Adopted_______________________

(Chief Clerk) (Chief Clerk)

Date ________________________

The roll call vote was 6 For 0 Against

Yes: 6

No: 0

Excused: Ingle, Stockard, Smith

Absent: None

S0343PA1 .128121.2