HOUSE BILL 498

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Jeff Steinborn

AN ACT

RELATING TO HEALTH CARE; CHARGING THE NEW MEXICO MEDICAL BOARD WITH PROMULGATING RULES FOR THE PROVISION OF TECHNICAL SERVICES FOR MEDICAL IMAGING EXAMINATIONS AND RADIATION THERAPY TREATMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. MEDICAL IMAGING AND RADIATION THERAPY RULEMAKING--TASK FORCE--MEMBERSHIP--DUTIES.--

          A. By November 1, 2009, the board shall convene a task force made up of at least three experts in the technical provision of imaging and radiation therapy services, and in collaboration with the experts, promulgate rules establishing standards to ensure the safety and accuracy of medical imaging studies and radiation therapy service treatments. These rules shall:

                (1) apply to the persons who perform, plan, evaluate or verify patient doses for medical imaging studies and radiation therapy procedures and not to the equipment used;

                (2) ensure that individuals demonstrate compliance with the standards established pursuant to this subsection through successful completion of certification by a professional organization, completion of an examination, pertinent course work or degree program or verified pertinent experience, or through other ways the board deems appropriate; and

                (3) provide a method of recognizing individuals whose training or experience is determined to be equal to, or in excess of, those of a graduate of an accredited educational program in a specialized area of medical imaging or radiation therapy, or of an individual who is regularly eligible to take the licensure of certification examination for that discipline.

          B. The standards established pursuant to Subsection A of this section shall not apply to physicians, nurse practitioners or physician assistants.

          C. After consulting with the task force formed pursuant to Subsection A of this section, representatives from the board shall make recommendations to the interim legislative health and human services committee regarding the creation, membership and selection of a body of experts charged with designing a certification system for individuals who meet the standards established for certification pursuant to Subsection A of this section.

          D. As used in this section:

                (1) "board" means the New Mexico medical board;

                (2) "expert" means a person who by reason of specialized education or substantial relevant experience in medical imaging or radiation therapy has knowledge regarding current standards, practices and guidelines;

                (3) "nurse practitioner" means a registered nurse who is licensed by the board of nursing for advanced practice as a certified nurse practitioner and whose name and pertinent information are entered on the list of certified nurse practitioners maintained by the board of nursing;

                (4) "physician" means a medical doctor, osteopathic physician, dentist, podiatrist, chiropractic physician or psychologist licensed or certified to practice in New Mexico; and

                (5) "physician assistant" means a health professional who is licensed by the board to practice as a physician assistant and who provides services to patients under the supervision and direction of a physician.

- 3 -