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HOUSE BILL 247
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Pamelya Herndon
AN ACT
RELATING TO TRADE PRACTICES; ENACTING THE HEALTH CARE
PRACTITIONER TRANSPARENCY ACT; ESTABLISHING ADVERTISING
GUIDELINES; REQUIRING HEALTH CARE PRACTITIONER IDENTIFIERS;
PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Health Care Practitioner Transparency Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Health Care Practitioner Transparency Act:
A. "advertisement" means any communication or
statement disseminated to the general public or to other health
care practitioners that names a health care practitioner or the
practice, profession or institution in which the practitioner
is employed, volunteers or otherwise provides health care
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services;
B. "clinical setting" means a location, whether
physical or virtual, in which a person is evaluated, diagnosed,
counseled or treated for a disease, defect or injury by a
health care practitioner;
C. "deceptive or misleading terms or false
representations" means the use of titles, terms or other words
that misstate, falsely describe, falsely hold out, falsely
detail or falsely imply the health care practitioner's:
(1) profession;
(2) skills;
(3) training;
(4) expertise;
(5) educational degree;
(6) board certification;
(7) licensure;
(8) work or services offered; or
(9) medical field, if the practitioner is not
a physician licensed pursuant to Section 61-6-11 NMSA 1978;
D. "health care practice or facility" means a
hospital, outpatient practice setting, nursing home, assisted
living community or personal care home;
E. "health care practitioner" means a state-
licensed:
(1) chiropractic physician;
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(2) professional counselor, social worker or
marriage and family therapist;
(3) dentist;
(4) dietitian;
(5) advanced practice registered nurse,
including nurse practitioner, certified registered nurse
anesthetist, certified nurse midwife, clinical nurse
specialist, registered professional nurse or licensed practical
nurse;
(6) occupational therapist;
(7) optometrist;
(8) physical therapist;
(9) allopathic physician or osteopathic
physician;
(10) physician assistant;
(11) acupuncturist;
(12) podiatric physician;
(13) psychologist;
(14) audiologist or speech-language
pathologist;
(15) pharmacist;
(16) ophthalmic technician;
(17) medical assistant or certified nursing
assistant; or
(18) respiratory care professional;
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F. "identifier" means a physical credential that
identifies the person wearing it; and
G. "medical title" means a title that originates
from or is a derivation of specialty or subspecialty training
or certification attained through completion of nationally
accredited medical education culminating in a doctor of
medicine or doctor of osteopathic medicine degree or completion
of a physician internship, residency or fellowship training
program.
SECTION 3. [NEW MATERIAL] HEALTH CARE PRACTITIONER
ADVERTISING GUIDELINES.--
A. An advertisement by a health care practitioner
shall include the practitioner's name and, in regard to the
practitioner's license, disclose the type of license under
which the health care practitioner is authorized to provide
services.
B. An advertisement by a health care practitioner
shall not:
(1) include deceptive or misleading terms or
false representations; or
(2) include or reference a medical title
unless the health care practitioner is a physician.
C. A health care practitioner in a health care
practice or facility other than a hospital shall display in the
reception area of the practitioner's practice or facility where
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the health care practitioner provides service an advertisement
that clearly identifies the type of health care practitioners
working in the practice or facility and the right of a patient
to inquire as to the type of license of the health care
practitioner treating the patient. The advertisement shall be
of a sufficient size that it is visible and apparent to all
current and prospective patients.
D. This section shall not be construed to require a
health care practice or facility in which multiple health care
practitioners are working to list in an advertisement the name
of every health care practitioner employed by the practice or
facility.
SECTION 4. [NEW MATERIAL] HEALTH CARE PRACTITIONER
IDENTIFIERS.--
A. A health care practice or facility shall
conspicuously display and clearly communicate the licensure of
each health care provider providing services at the practice or
facility to all current and prospective patients, as follows:
(1) each health care practitioner shall wear
an identifier during all patient encounters that shall include:
(a) the health care practitioner's name;
and
(b) the type of license and educational
degree the health care practitioner holds;
(2) the identifier shall be of sufficient size
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and worn in a conspicuous manner in order to be visible and
apparent;
(3) an identifier shall not be required in an
operating room or other setting where maintaining a sterile
environment is medically necessary;
(4) an identifier shall not be required in a
mental health setting where it would impede the
psychotherapeutic relationship; and
(5) if a safety or health risk to the health
care practitioner or a patient would be created as a result of
the health care practitioner wearing an identifier, an
identifier shall not be required or may be modified by omitting
or concealing the last name of the health care practitioner.
B. An advanced practice registered nurse shall
verbally identify as an advanced practice registered nurse
during each initial patient interaction in a clinical setting.
An advanced practice registered nurse who holds a doctorate
degree and identifies with the title "doctor" while in a
clinical setting shall clearly state that the title does not
refer to the advanced practice registered nurse as being a
medical doctor or physician.
C. A physician assistant shall verbally identify as
a physician assistant during each initial patient interaction
in a clinical setting. A physician assistant who holds a
doctorate degree and identifies with the title "doctor" while
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in a clinical setting shall clearly state that the title does
not refer to the physician assistant as being a medical doctor
or physician.
D. No health care practitioner shall identify in a
clinical setting using:
(1) deceptive or misleading terms or false
representations; or
(2) a medical title, unless the health care
practitioner is a licensed medical doctor or physician.
E. A health care practitioner who practices in a
nonpatient care setting and who does not have direct patient
care interactions shall not be subject to the provisions of
Subsections A through D of this section.
F. A health care practice or facility that
requires, as of the effective date of the Health Care
Practitioner Transparency Act, its health care practitioners to
wear an identification badge shall not be required to replace
existing badges to conform with the requirements of Subsections
A through D of this section.
G. Subsections A through D of this section shall
only apply to a dentist, chiropractic physician or optometrist
if the dentist, chiropractic physician or optometrist is
practicing in a hospital, nursing home, assisted living
community or personal care home.
SECTION 5. [NEW MATERIAL] PENALTIES--NO PRIVATE CAUSE OF
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ACTION--LIMITATION.--Nothing in the Health Care Practitioner
Transparency Act shall be construed to:
A. create or imply a private cause of action for
violation of that act; or
B. prevent a health care practitioner from using or
advertising a title that is statutorily authorized for the
health care practitioner pursuant to the statutes under which
the health care practitioner is licensed.
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