New Mexico 2025 Regular Session

New Mexico House Bill HB267 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 267
29	29	57
30	30	TH LEGISLATURE
31	31	-
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33	33	STATE
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35	35	OF
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37	37	NEW
38	38
39	39	MEXICO
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42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Jenifer Jones and Elizabeth "Liz" Thomson
48	48	FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
49	49	AN ACT
50	50	RELATING TO LICENSURE; AMENDING THE PHYSICIAN ASSISTANT ACT TO
51	51	ALLOW CERTAIN EXPERIENCED PHYSICIAN ASSISTANTS TO SUPERVISE
52	52	NEWLY LICENSED PHYSICIAN ASSISTANTS.
53	53	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
54	54	SECTION 1. Section 61-6C-2 NMSA 1978 (being Laws 1989,
55	55	Chapter 9, Section 2, as amended) is amended to read:
56	56	"61-6C-2. DEFINITIONS.--As used in the Physician
57	57	Assistant Act:
58	58	A. "administer" means to apply a prepackaged drug
59	59	directly to the body of a patient by any means;
60	60	B. "board" means the New Mexico medical board;
61	61	C. "dispense" means to deliver a drug directly to a
62	62	patient and includes the compounding, labeling and repackaging
63	63	of a drug from a bulk or original container;
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91	91	D. "distribute" means to administer or supply
92	92	directly to a patient under the direct care of the distributing
93	93	physician assistant one or more doses of drugs prepackaged by a
94	94	licensed pharmacist and excludes the compounding or repackaging
95	95	from a bulk or original container;
96	96	E. "licensed physician" means a [medical or
97	97	osteopathic] physician with a current license to practice
98	98	medicine; [and]
99	99	F. "prescribe" means to issue an order individually
100	100	for the person for whom prescribed, either directly from the
101	101	prescriber to the pharmacist or indirectly by means of a
102	102	written order signed by the prescriber, bearing the name and
103	103	address of the prescriber, the prescriber's license
104	104	classification, the name and address of the patient, the name
105	105	of the drug prescribed, directions for use and the date of
106	106	issue; and
107	107	G. "supervising physician assistant" means a
108	108	physician assistant who has:
109	109	(1) a license to practice medicine;
110	110	(2) completed three or more years of clinical
111	111	practice as a physician assistant; and
112	112	(3) received approval to supervise a newly
113	113	licensed physician assistant pursuant to rules promulgated by
114	114	the board."
115	115	SECTION 2. Section 61-6C-6 NMSA 1978 (being Laws 2017,
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144	144	Chapter 103, Section 6) is amended to read:
145	145	"61-6C-6. PHYSICIAN ASSISTANT SUPERVISION AND
146	146	COLLABORATION [WITH LICENSED PHYSICIANS ]--SCOPE OF PRACTICE--
147	147	MEDICAL MALPRACTICE INSURANCE.--
148	148	A. A physician assistant may perform the acts and
149	149	duties that are within the physician assistant's scope of
150	150	practice in collaboration with a licensed physician, if the
151	151	physician assistant has:
152	152	(1) completed three years of clinical practice
153	153	as a physician assistant with the supervision of a licensed
154	154	physician or supervising physician assistant ; and
155	155	(2) complied with rules adopted by the board
156	156	establishing qualifications for when a physician assistant may
157	157	engage in the practice of medicine in collaboration with a
158	158	licensed physician.
159	159	B. A physician assistant practicing in
160	160	collaboration with a licensed physician shall, at a minimum,
161	161	maintain a policy of malpractice liability insurance that will
162	162	qualify the physician assistant under the provisions of the
163	163	Medical Malpractice Act."
164	164	SECTION 3. Section 61-6C-7 NMSA 1978 (being Laws 1973,
165	165	Chapter 361, Section 5, as amended) is amended to read:
166	166	"61-6C-7. PHYSICIAN ASSISTANTS--RULES.--The board may
167	167	promulgate rules in accordance with the State Rules Act and
168	168	enforce those rules in accordance with the Uniform Licensing
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197	197	Act for:
198	198	A. education, skill and experience for licensure of
199	199	a person as a physician assistant and providing forms and
200	200	procedures for biennial license renewal;
201	201	B. examining and evaluating an applicant for
202	202	licensure as a physician assistant as to skill, knowledge and
203	203	experience of the applicant in the field of medical care;
204	204	C. establishing when and for how long physician
205	205	assistants are permitted to prescribe, administer, dispense and
206	206	distribute dangerous drugs other than controlled substances in
207	207	Schedule I of the Controlled Substances Act pursuant to rules
208	208	adopted by the board after consultation with the board of
209	209	pharmacy;
210	210	D. allowing a supervising [or collaborating ]
211	211	licensed physician or supervising physician assistant to
212	212	temporarily delegate supervision [or collaboration ]
213	213	responsibilities for a physician assistant to another licensed
214	214	physician or supervising physician assistant;
215	215	E. allowing a collaborating licensed physician to
216	216	temporarily delegate collaboration responsibilities to another
217	217	licensed physician;
218	218	[E.] F. establishing when a physician assistant may
219	219	engage in the practice of medicine in collaboration with a
220	220	licensed physician; [and
221	221	F.] G. establishing an approval process for
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250	250	supervising physician assistants to supervise newly licensed
251	251	physician assistants; and
252	252	H. carrying out all other provisions of the
253	253	Physician Assistant Act."
254	254	SECTION 4. Section 61-6C-8 NMSA 1978 (being Laws 1973,
255	255	Chapter 361, Section 6, as amended) is amended to read:
256	256	"61-6C-8. SUPERVISING OR COLLABORATING LICENSED
257	257	PHYSICIAN--RESPONSIBILITY--SUPERVISING PHYSICIAN ASSISTANT
258	258	RESPONSIBILITY.--
259	259	A. As a condition of licensure, all physician
260	260	assistants practicing in New Mexico shall be supervised by a
261	261	licensed physician or supervising physician assistant . The
262	262	physician assistant shall inform the board of the name of the
263	263	licensed physician or supervising physician assistant under
264	264	whose supervision the physician assistant will practice. All
265	265	supervising physicians and supervising physician assistants
266	266	shall be licensed pursuant to the Medical Practice Act and
267	267	approved by the board.
268	268	B. Every licensed physician or supervising
269	269	physician assistant supervising a physician assistant shall be
270	270	individually responsible and liable for the performance of the
271	271	acts and omissions delegated to the physician assistant the
272	272	physician or supervising physician assistant supervises.
273	273	Nothing in this section shall be construed to relieve the
274	274	physician assistant of responsibility and liability for the
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303	303	acts and omissions of the physician assistant.
304	304	C. Rules promulgated in accordance with the State
305	305	Rules Act pursuant to the Physician Assistant Act shall:
306	306	(1) require that a physician assistant whose
307	307	practice is a specialty care, as defined by the board, shall be
308	308	supervised by a licensed physician or supervising physician
309	309	assistant in accordance with requirements established by the
310	310	board; and
311	311	(2) allow a physician assistant whose practice
312	312	is primary care, as defined by the board, to collaborate with a
313	313	licensed physician in accordance with requirements established
314	314	by the board for different practice settings.
315	315	[C.] D. A physician assistant shall be supervised
316	316	by [or collaborate with ] a licensed physician or supervising
317	317	physician assistant in accordance with rules adopted by the
318	318	board.
319	319	E. A physician assistant shall collaborate with a
320	320	licensed physician in accordance with rules adopted by the
321	321	board."
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