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SENATE BILL 12
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Antoinette Sedillo Lopez
AN ACT
RELATING TO TELEHEALTH; ALLOWING OUT-OF-STATE HEALTH CARE
PROVIDERS WHO HAVE NOT OBTAINED A NEW MEXICO TELEHEALTH LICENSE
TO PROVIDE SECOND OPINIONS AND CONSULTATIONS FOR TREATMENT TO
PATIENTS IN NEW MEXICO; ALLOWING MORE TYPES OF HEALTH CARE
PROVIDERS TO PROVIDE TELEHEALTH SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 24-25-3 NMSA 1978 (being Laws 2004,
Chapter 48, Section 3, as amended) is amended to read:
"24-25-3. DEFINITIONS.--As used in the New Mexico
Telehealth Act:
A. "consultation for prospective treatment" means
communications between a patient in New Mexico and an out-of-
state health care provider that are in relation to treatments
or services that the patient will receive if the patient
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travels to the state in which the out-of-state health care
provider is licensed, certified or registered;
[A.] B. "health care provider" means a person
licensed, certified or registered to provide health care to
patients in New Mexico, including:
(1) an optometrist;
(2) a chiropractic physician;
(3) a dentist;
(4) a physician;
(5) a [podiatrist] podiatric physician ;
(6) an osteopathic physician;
(7) a physician assistant;
(8) a certified nurse practitioner;
(9) a physical therapist;
(10) an occupational therapist;
(11) a speech-language pathologist;
(12) a doctor of oriental medicine;
(13) a nutritionist;
(14) a psychologist;
(15) a certified nurse-midwife;
(16) a clinical nurse specialist;
(17) a registered nurse;
(18) a dental hygienist;
(19) a pharmacist;
(20) a licensed [independent ] social worker;
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(21) a licensed counselor;
(22) a community health representative; [or ]
(23) a licensed athletic trainer;
(24) a certified peer support worker; or
(25) any other health care professional who
has received a medicaid provider identification number from the
health care authority;
[B.] C. "originating site" means a place where a
patient may receive health care via telehealth. An originating
site may include:
(1) a licensed inpatient center;
(2) an ambulatory surgical or treatment
center;
(3) a skilled nursing center;
(4) a residential treatment center;
(5) a home health agency;
(6) a diagnostic laboratory or imaging center;
(7) an assisted living center;
(8) a school-based health program;
(9) a mobile clinic;
(10) a mental health clinic;
(11) a rehabilitation or other therapeutic
health setting;
(12) the patient's residence;
(13) a federally qualified health center; or
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(14) a community health center; [and ]
D. "out-of-state health care provider" means a
person who is licensed, certified or registered to provide
health care in another state but has not obtained a license to
provide telehealth services in New Mexico;
E. "second opinion" means a medical opinion
following a diagnosis or course of treatment that came from a
health care provider licensed in New Mexico; and
[C.] F. "telehealth" means the use of electronic
information, imaging and communication technologies, including
interactive audio, video, data communications as well as store-
and-forward technologies, to provide and support health care
delivery, diagnosis, consultation, treatment, transfer of
medical data and education."
SECTION 2. Section 24-25-5 NMSA 1978 (being Laws 2004,
Chapter 48, Section 5, as amended) is amended to read:
"24-25-5. SCOPE OF ACT.--
A. The New Mexico Telehealth Act does not alter the
scope of practice of any health care provider or authorize the
delivery of health care services in a setting, or in a manner,
not otherwise authorized by law.
B. Because the use of telehealth improves access to
quality health care and will generally benefit the [citizens ]
residents of New Mexico, health insurers, health maintenance
organizations, managed care organizations and third-party
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payors offering services to the [citizens ] residents of New
Mexico are encouraged to use and provide coverage for
telehealth within the scope of their plans or policies. The
state's medical assistance program is also encouraged to
include telehealth within the scope of its plan or policy.
C. Out-of-state health care providers shall be
permitted to provide second opinions and consultations for
prospective treatment to patients in New Mexico. "
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