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F I S C A L I M P A C T R E P O R T

SPONSOR

Komadina

ORIGINAL DATE

LAST UPDATED

01/26/2007

HB

SHORT TITLE

Permit Certain Unlicensed Health Care

SB 18

ANALYST

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Medical Board (NMMB)

New Mexico Board of Nursing (NMBN)

SUMMARY

Synopsis of Bill

Senate Bill18 proposes to exempt persons engaged in traditional, cultural, complementary or al-

ternative health care from licensure requirements of the NM Uniform Licensing Act.

SIGNIFICANT ISSUES

The NM Medical Board indicates that the issue of unlicensed individuals practicing various

forms of health care is of great concern because of the wide variety of individual training, meth-

ods utilized, efficacy or lack thereof, and the potential for public harm. The board states that

“…there are many, many traditional healers and practitioners of complementary and alternative

health care who are competent, safe, honest and ethical, and who have nothing but the best inter-

est of their clients at heart. However, there are also many individuals who are not well-trained,

who use experimental and often harmful techniques, and who make false promises of efficacy to

vulnerable patients."

Senate Bill 18 – Page

2

The Board of Nursing indicates that the Uniform Licensing Act does not appear to be the appro-

priate place to have this language. The board states that “… the Uniform Licensing Act is in-

tended to give “due process" to those whose practice is regulated by virtue of having a license.

Exceptions to practice should be in each individual practice act." The nursing board indicates

that while they are unsure of exactly where this kind of language should reside they feel that the

ULA is specific to “licensees" and defines the legal due process that is afforded; and section 61-

1-3.2 already clearly states that action is only taken on those that engage in a profes-

sion/occupation that is already required to have a license. As “alternative" providers are, in many

cases, not licensed by a board, the nursing board argues that this is a “moot" point. The board

states that it is only when a licensed health care provider puts themselves out as an “alternative"

health care provider and also identifies themselves as a licensed healthcare provider (i.e., Doctor,

Nurse, Respiratory Therapist, etc.) would a board have jurisdiction regarding the scope of prac-

tice of that person. There is nothing in ULA that would currently prohibit any “alternative" pro-

vider from continuing their unlicensed practice.

OTHER SUBSTANTIVE ISSUES

In addition to the concerns mentioned above, the medical board additionally indicates that SB18

artificially puts two very distinct groups into one category. Indigenous, traditional and cultural

healers in general utilize techniques that are non-invasive and that have been used for genera-

tions. The umbrella of “complementary and alternative health care" is broad enough to include

trained practitioners who utilize non-invasive and well-tested therapies – but also poorly-trained

practitioners who use techniques and therapies that are not only not

well-tested but for which

there is sometimes significant evidence that they can actually be harmful. If the bill seeks to

support traditional and indigenous healers they should be separated from complementary and al-

ternative medicines which should receive a more critical evaluation.

Many practitioners of complementary and alternative health care have petitioned the Legislature

for several years now to create licensing boards for their fields, precisely because they would like

to have some measure of ensuring the qualifications and accountability of practitioners in their

profession.

GM/nt