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HOUSE BILL 266
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Jenifer Jones and Elizabeth "Liz" Thomson
FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
AN ACT
RELATING TO LICENSURE; AMENDING THE PHYSICIAN ASSISTANT ACT TO
ELIMINATE CERTAIN REQUIREMENTS REGARDING THE SUPERVISION OF
PHYSICIAN ASSISTANTS BY PHYSICIANS; REPEALING SECTION 61-6C-8
NMSA 1978 (BEING LAWS 1973, CHAPTER 361, SECTION 6, AS
AMENDED).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-6-19 NMSA 1978 (being Laws 1989,
Chapter 269, Section 15, as amended) is amended to read:
"61-6-19. FEES.--
A. Except as provided in Section 61-1-34 NMSA 1978,
the board shall impose the following fees:
(1) an application fee not to exceed five
hundred dollars ($500) for licensure by endorsement as provided
in Section 61-6-13 NMSA 1978;
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(2) an application fee not to exceed five
hundred dollars ($500) for licensure by examination as provided
in Section 61-6-11 NMSA 1978;
(3) a triennial renewal fee not to exceed five
hundred dollars ($500);
(4) a fee of twenty-five dollars ($25.00) for
placing a physician's license or a physician assistant's
license on inactive status;
(5) a late fee not to exceed one hundred
dollars ($100) for physicians who renew their license within
forty-five days after the required renewal date;
(6) a late fee not to exceed two hundred
dollars ($200) for physicians who renew their licenses between
forty-six and ninety days after the required renewal date;
(7) a reinstatement fee not to exceed seven
hundred dollars ($700) for reinstatement of a revoked,
suspended or inactive license;
(8) a reasonable administrative fee for
verification and duplication of license or registration and
copying of records;
(9) a reasonable publication fee for the
purchase of a publication containing the names of all
practitioners licensed under the Medical Practice Act;
(10) an impaired physician fee not to exceed
one hundred fifty dollars ($150) for a three-year period;
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(11) an interim license fee not to exceed one
hundred dollars ($100);
(12) a temporary license fee not to exceed one
hundred dollars ($100);
(13) a postgraduate training license fee not
to exceed fifty dollars ($50.00) annually;
(14) an application fee not to exceed one
hundred fifty dollars ($150) for physician assistants applying
for initial licensure;
(15) a licensure fee not to exceed one hundred
fifty dollars ($150) for physician assistants biennial license
renewal [and registration of supervising or collaborating
licensed physician];
(16) a late fee not to exceed fifty dollars
($50.00) for physician assistants who renew their licensure
within forty-five days after the required renewal date;
(17) a late fee not to exceed seventy-five
dollars ($75.00) for physician assistants who renew their
licensure between forty-six and ninety days after the required
renewal date;
(18) a reinstatement fee not to exceed one
hundred dollars ($100) for physician assistants who reinstate
an expired license;
(19) a fee not to exceed three hundred dollars
($300) annually for a physician supervising a clinical
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pharmacist;
(20) an application and renewal fee for a
telemedicine license not to exceed nine hundred dollars ($900);
(21) a reasonable administrative fee, not to
exceed the current cost of application and license or renewal
for a license, that may be charged for reprocessing
applications and renewals that include minor but significant
errors and that would otherwise be subject to investigation and
possible disciplinary action; and
(22) a reasonable fee as established by the
department of public safety for nationwide and statewide
criminal history screening of applicants and licensees.
B. All fees are nonrefundable and shall be used by
the board to carry out its duties efficiently."
SECTION 2. Section 61-6C-3 NMSA 1978 (being Laws 2022,
Chapter 39, Section 31) is amended to read:
"61-6C-3. LICENSURE AS A PHYSICIAN ASSISTANT--SCOPE OF
PRACTICE--BIENNIAL REGISTRATION OF SUPERVISION--LICENSE
RENEWAL--FEES.--
A. The board may license as a physician assistant a
qualified person who has graduated from a physician assistant
program accredited by the national accrediting body as
established by rule of the board in accordance with the State
Rules Act and has passed a physician assistant national
certifying examination as established by rule. The board may
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also license as a physician assistant a person who passed the
physician assistant national certifying examination
administered by the national commission on certification of
physician assistants prior to 1986.
B. A person shall not perform, attempt to perform
or hold the person's own self out as a physician assistant
without first applying for and obtaining a license from the
board.
C. Physician assistants may prescribe, administer,
dispense and distribute dangerous drugs other than controlled
substances in Schedule I of the Controlled Substances Act
pursuant to rules adopted by the board after consultation with
the board of pharmacy [if the prescribing, administering,
dispensing and distributing are done with the supervision of a
licensed physician or in collaboration with a licensed
physician]. The distribution process shall comply with state
laws concerning prescription packaging, labeling and
recordkeeping requirements.
D. A physician assistant shall perform only the
acts and duties that are within the physician assistant's scope
of practice.
E. An applicant for licensure as a physician
assistant shall complete application forms supplied by the
board and shall pay a licensing fee as provided in Section
61-6-19 NMSA 1978.
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F. A physician assistant shall biennially submit
proof of current certification by the national commission on
certification of physician assistants or another certifying
agency designated by the board [and shall renew the license and
registration of supervision of the physician assistant with the
board].
G. A physician assistant [shall not practice
medicine until the physician assistant has established a
supervising or collaborating relationship with a licensed
physician in accordance with rules promulgated by the board ]
may practice independently and make decisions regarding the
health care needs of a patient and carry out health regimens,
including the prescription and distribution of dangerous drugs
other than controlled substances in Schedule I of the
Controlled Substances Act .
H. Each biennial renewal of licensure shall be
accompanied by a fee as provided in Section 61-6-19 NMSA 1978."
SECTION 3. Section 61-6C-7 NMSA 1978 (being Laws 1973,
Chapter 361, Section 5, as amended) is amended to read:
"61-6C-7. PHYSICIAN ASSISTANTS--RULES.--The board may
promulgate rules in accordance with the State Rules Act and
enforce those rules in accordance with the Uniform Licensing
Act for:
A. education, skill and experience for licensure of
a person as a physician assistant and providing forms and
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procedures for biennial license renewal;
B. examining and evaluating an applicant for
licensure as a physician assistant as to skill, knowledge and
experience of the applicant in the field of medical care;
C. establishing when and for how long physician
assistants are permitted to prescribe, administer, dispense and
distribute dangerous drugs other than controlled substances in
Schedule I of the Controlled Substances Act pursuant to rules
adopted by the board after consultation with the board of
pharmacy; and
[D. Allowing a supervising or collaborating
licensed physician to temporarily delegate supervision or
collaboration responsibilities for a physician assistant to
another licensed physician;
E. Establishing when a physician assistant may
engage in the practice of medicine in collaboration with a
licensed physician; and
F.] D. carrying out all other provisions of the
Physician Assistant Act."
SECTION 4. REPEAL.--Section 61-6C-8 NMSA 1978 (being Laws
1973, Chapter 361, Section 6, as amended) is repealed.
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