NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Health Policy Commission, Board of Nursing

SUMMARY

Synopsis of House Consumer and Public Affairs Committee amendment

The House committee amendment strikes Senate Judiciary Committee #5 which has the same effect as Senate Floor amendment #2 in removing certain language requiring completion of additional training.

Synopsis of SFl#2 Amendment

Senate Floor Amendment #2 strikes the language substituted by the Senate Judiciary Committee regarding certification and inserts the following language to now read, "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 prescription of caffeine, procaine, lidocaine, oxygen, epinephrine and naturally derived hormones. The boards shall consult as appropriate." The effect of this amendment is to allow the board of pharmacy to make all the rules associated with the training necessary for the proper administration of the newly allowed substances.

Synopsis of SFl#1 Amendment

Senate Floor Amendment #1 to Senate Bill 285 as amended, removes language to now mean that Section 12 is removed and the maximum allowable fees are removed from the bill. Language is also removed in the bill title to remove language relating to an appropriation since none exists.

Synopsis of SJC Amendments

Senate Judiciary Committee amendments to Senate Bill 285 as amended do the following:

1. Strikes the language inserted by Senate Public Affairs Committee regarding the submission of proof of additional training on page 44, line 22, and inserts in lieu thereof the following "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 prescription or administration of caffeine, procaine, lidocaine, oxygen, epinephrine and naturally derived hormones, other than those administered topically. The boards shall consult as appropriate."

2. Removes language on page 33, lines 11 through 14 and adds instead, "If English is not the primary language of the applicant, the board may require that the applicant pass an English proficiency examination prescribed by the board."

3. Changes "shall" to "may" on page 44, line 18.

4. Adds language after "authority" on page 44, line 18, to now read, "only for the substances listed in this section."

Synopsis of SPAC Amendments

1. The substance "caffeine" was added to the list of controlled substances on page 22 of the act.

2. On page 44, language was removed and the following language was substituted: "and submitted proof of successful completion of the additional training required by rule of the board. The board shall adopt rules in consultation with the board of pharmacy for the additional training required for the prescription or administration of caffeine, procaine, lidocaine, oxygen, epinephrine and naturally derived hormones, other than those administered topically."

Synopsis of Bill

Senate Bill 285 amends existing sections of NMSA 1978 relating to the practice of oriental medicine. In addition, the bill includes doctors of oriental medicine, nurse practitioners and clinical nurse specialists to the practitioner definition in order to expand their practice with regard to the New Mexico Controlled Substance Act. Other provisions of the proposed legislation include:

- The attachment of the Board of Oriental Medicine administratively to the Regulation and Licensing Department;

- Provision for the certification of doctors of oriental medicine to expand their prescriptive authority;

- Approval of educational programs, both in-state and out-of-state for certification programs;

- Expands the maximum fee schedule for licensing and renewal; and

- Amends the sunset provisions.

Significant Issues

The addition of prescriptive authority for certain controlled substances has been approved for certain medical practitioner classifications in the past. Approval of this authority should be consistent with the educational and training qualifications necessary for the proper administration of these substances.

The Board of Acupuncture and Oriental Medicine will expire on July 1, 1999, if sunset provisions are not amended in this bill or during the current legislative session.

FISCAL IMPLICATIONS

The imposition of higher permitted fees will allow the regulatory board to provide the necessary support services for the proper administration of this act.

TECHNICAL ISSUES

Although stated in the title, there are no appropriations contained in the proposed legislation.

OTHER SUBSTANTIVE ISSUES

The expansion and number of health care practitioners with proper training and educational experience will serve to increase the choices that citizens have when trying to make the best personal decisions about their health or the health of their loved ones.

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