New Mexico 2025 Regular Session

New Mexico Senate Bill SB252 Latest Draft

Bill / Enrolled Version Filed 04/08/2025

                            SB 252
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AN ACT
RELATING TO TELEHEALTH; AMENDING THE NEW MEXICO TELEHEALTH
ACT TO ALLOW ALL LICENSED SOCIAL WORKERS 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.  "health care provider" means a person licensed
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 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; SB 252
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(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 social worker;
(21)  a licensed counselor;
(22)  a community health representative;
(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.  "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; SB 252
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(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
(14)  a community health center; and
C.  "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
of New Mexico, health insurers, health maintenance SB 252
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organizations, managed care organizations and third-party
payors offering services to the citizens 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.  Nothing in the New Mexico Telehealth Act shall
be construed to alter supervision requirements set forth by a
health care provider's applicable licensing board.  A health
care provider shall provide telehealth services under the same
level of supervision required for in-person practice."