SB 456
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AN ACT
RELATING TO HEALTH; AMENDING THE NEW MEXICO TELEHEALTH ACT;
EXPANDING THE TYPES OF PROVIDERS AND SITES FOR TELEHEALTH
SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 24-25-1 NMSA 1978 (being Laws 2004,
Chapter 48, Section 1) is amended to read:
"24-25-1. SHORT TITLE.-- Chapter 24, Article 25 NMSA
1978 may be cited as the "New Mexico Telehealth Act"."
Section 2. Section 24-25-2 NMSA 1978 (being Laws 2004,
Chapter 48, Section 2) is amended to read:
"24-25-2. FINDINGS AND PURPOSE.--
A. The legislature finds that:
(1) lack of primary care, specialty
providers and transportation continue to be significant
barriers to access to health services in medically
underserved rural areas;
(2) there are parts of this state where it
is difficult to attract and retain health professionals, as
well as to support local health facilities in providing a
continuum of health care;
(3) many health care providers in medically
underserved areas are isolated from mentors and colleagues
and from the information resources necessary to support them
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personally and professionally;
(4) using information technology to deliver
medical services and information from one location to another
is part of a multifaceted approach to address the problems of
provider distribution and the development of health systems
in medically underserved areas by improving communication
capabilities and providing convenient access to up-to-date
information, consultations and other forms of support;
(5) the use of telecommunications to deliver
health services has the potential to reduce costs, improve
quality, change the conditions of practice and improve access
to health care in rural, medically underserved areas; and
(6) telehealth will assist in maintaining or
improving the physical and economic health of medically
underserved communities by keeping the source of general
health, behavioral health and oral health care in the local
area, strengthening the health infrastructure and preserving
health-care-related jobs.
B. The purpose of the New Mexico Telehealth Act is
to provide a framework for health care providers to follow in
providing telehealth services to New Mexico citizens in a
manner that provides efficient and effective access to
quality health services. Telehealth services include
consultations, direct patient care and education for health
care professionals, support personnel, students, families,
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patients and other consumers of health care services."
Section 3. Section 24-25-3 NMSA 1978 (being Laws 2004,
Chapter 48, Section 3) 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 podiatrist;
(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;
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(19) a pharmacist;
(20) a licensed independent social worker;
(21) a licensed counselor;
(22) a community health representative; or
(23) a licensed athletic trainer;
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;
(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
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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 4. Section 24-25-5 NMSA 1978 (being Laws 2004,
Chapter 48, Section 5) 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
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."