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SPONSOR: |
Rawson |
DATE TYPED: |
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HB |
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SHORT TITLE: |
Prohibit Temporary Licensure |
SB |
269 |
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ANALYST: |
Maloy |
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REVENUE
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Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
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|
|
|
|
(See
Narrative) |
(See
Narrative) |
Recurring |
OSF |
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|
|
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(Parenthesis ( ) Indicate Revenue Decreases)
Responses
Received From
Regulation
and Licensing Department
Board
of Medical Examiners
Board
of Veterinary Medicine
Dental
Health Board
Department
of Finance Administration
Board
of Nursing
Attorney
General’s Office
SUMMARY
Synopsis of Bill
Senate Bill 269 adds broad language to the Uniform Licensing Act prohibiting state boards and commissions from issuing temporary or emergency licenses until all statutory requirements are completed. It further amends specific enabling acts for certain boards and commissions to delete fees for temporary licenses and repeals the enabling language.
Significant Issues
1. Several of the boards responding to this bill assert there exist several critical reasons for allowing temporary or emergency licenses, and that there should be careful consideration given before these licenses are eliminated.
2. The Medical Practice Act allows for temporary licenses for individuals licensed and in good standing in other states to provide temporary services at organized youth camps, or to assist in teaching, research, specialized diagnostic and treatment procedures, implementing new technology, or physician educational purposes.
3.
The Board of Nursing contemplates whether the proposed
elimination of temporary licenses would further exacerbate the already critical
nurse shortage in
4. Several boards assert that there exist safeguards in place that ensure boards appropriately evaluate the qualifications of a potential licensee to practice in the state under a temporary license, until permanent qualification can be established. For instance, the Board of Nursing does not issue a temporary license / graduate permit until after a check of the national disciplinary data bank, verification that fingerprints have been submitted for a criminal background check, current licensure in another state, education and training verification, and a letter of intent to hire issued by a New Mexico employer.
Further, several boards note that many temporary licenses come in the form of training licenses where the temporary licensee is under the supervision of a full licensee.
Other
Boards note how few licenses are granted under temporary provision, stating
that they prefer to push licensee to pursue full licensure whenever
possible. There are instances where
temporary licenses are appropriate, and
Finally, the tight, short time frame during which a temporary licensee may operate is noted by the boards.
5.
The Board of Dental Health Care notes these temporary
licensing provisions assists the dental industry in getting dental care access
to rural areas of
6. The
denial of temporary licenses through the Podiatry Board may compromise care
being made available to residents of the Veterans’ Hospital in
7. From a legal perspective, does the broad, umbrella language of the Uniform Licensing Act supercede specific language in individual enabling Acts?
8. The Attorney General’s Office suggests that Chapter 61 NMSA 1978 be reexamined to determine if additional licensing authorities that issue temporary licenses have been overlooked. The office does not, however, cite any boards known to have been so overlooked.
FISCAL IMPLICATIONS
Denying temporary licenses will result in less
revenue flowing to the individual boards.
These boards are funded through OSF.
There will be no direct impact on the general fund.
There may, however, be a secondary effect if the
state must find / provide / fund services for New Mexicans who will miss out on
the care to be provided through a temporary licensee. For example, there may be additional Medicaid
cost, or the like.
CONFLICT
SB 171 includes language allowing temporary
licenses and fees.
OTHER SUBSTANTIVE ISSUES
It appears that the intent is to prohibit
temporary or emergency licenses issued prior to issuance of a regular
license. Many temporary licenses are not
related to the issuance of a regular license.
If the intent is to not prohibit temporary licenses providing for
teaching, research, day-camps for children, physicians volunteer at
Another terribly critical issue is interim
licenses when an application is complete, the qualifications are met, but the
board has not yet met to grant its approval of issuance of a license. The
medical board is working on a process to issue interim licenses as soon as the
application is complete. This serves to get physicians into the work force
immediately, rather than delaying the issuance until a quarterly meeting. Again, the effects on nurses and dentists,
together with the needs of
SJM/njw:yr