HOUSE BILL 115
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Doreen Y. Gallegos
FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
AN ACT
RELATING TO PUBLIC HEALTH; REQUIRING CERTAIN BOARDS THAT LICENSE HEALTH CARE PROFESSIONALS TO CONDITION ISSUANCE OR RENEWAL OF LICENSURE OR CERTIFICATION UPON ATTESTATION BY THE APPLICANT OF KNOWLEDGE OF AND COMPLIANCE WITH CERTAIN GUIDELINES FOR SAFE INJECTION PRACTICES; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Optometry Act is enacted to read:
"[NEW MATERIAL] The board shall not grant or renew a license to practice optometry unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 2. A new section of the Nursing Practice Act is enacted to read:
"[NEW MATERIAL] The board shall not grant or renew a license to practice nursing unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 3. A new section of the Nursing Practice Act is enacted to read:
"[NEW MATERIAL] The board shall not certify, or renew the certification of, a hemodialysis technician unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 4. A new section of the Nursing Practice Act is enacted to read:
"[NEW MATERIAL] The board shall not certify, or renew the certification of, a medication aide unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 5. A new section of the Nursing Practice Act is enacted to read:
"[NEW MATERIAL] The board shall not grant or renew the license of a certified nurse practitioner unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 6. A new section of the Nursing Practice Act is enacted to read:
"[NEW MATERIAL] The board shall not grant or renew the license of a certified registered nurse anesthetist unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 7. A new section of the Nursing Practice Act is enacted to read:
"[NEW MATERIAL] The board shall not grant or renew the license of a clinical nurse specialist unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 8. A new section of the Dental Health Care Act is enacted to read:
"[NEW MATERIAL] The board shall not grant or renew the license of a dentist unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices. In addition, the dentist applicant shall attest that any unlicensed person who is under the dentist's control and supervision, and whose duties involve injection practices, has knowledge of and is in compliance with the guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 9. A new section of the Dental Health Care Act is enacted to read:
"[NEW MATERIAL] The board shall not grant or renew the license of a dental hygienist unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 10. A new section of the Dental Health Care Act is enacted to read:
"[NEW MATERIAL] The board shall not certify, or renew certification of, a dental assistant, an expanded-function dental auxiliary, a community dental health coordinator or a dental assistant certified in expanded functions unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 11. A new section of the Medical Practice Act is enacted to read:
"[NEW MATERIAL] The board shall not grant or renew the license of a physician unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices. In addition, the physician applicant shall attest that any unlicensed person who is under the physician's control and supervision, and whose duties involve injection practices, has knowledge of and is in compliance with the guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 12. A new section of the Physician Assistant Act is enacted to read:
"[NEW MATERIAL] The board shall not grant or renew the license of a physician assistant unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 13. A new section of the Anesthesiologist Assistants Act is enacted to read:
"[NEW MATERIAL] The board shall not grant or renew the license of an anesthesiologist assistant unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 14. A new section of the Podiatry Act is enacted to read:
"[NEW MATERIAL] The board shall not grant or renew a license to practice podiatry unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 15. Section 61-10-15 NMSA 1978 (being Laws 1933, Chapter 117, Section 13, as amended) is amended to read:
"61-10-15. ISSUANCE--RENEWAL--REFUSAL AND REVOCATION OF LICENSE.--
A. The board of osteopathic medical examiners shall not issue or renew an osteopathic license unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices. In addition, the osteopathic physician applicant shall attest that any unlicensed person who is under the physician's control and supervision, and whose duties involve injection practices, has knowledge of and is in compliance with the guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices.
B. The board of osteopathic medical examiners may either refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:
[A.] (1) conviction of a felony, as shown by a certified copy of the record of the court of conviction;
[B.] (2) the obtaining of or an attempt to obtain a license or the practice in the profession for money or any other thing of value by fraudulent misrepresentation;
[C.] (3) gross malpractice;
[D.] (4) advertising, practicing or attempting to practice under a name other than one's own;
[E.] (5) advertising by means of knowingly false or deceptive statements;
[F.] (6) habitual drunkenness or habitual addiction to the use of morphine, cocaine or other habit-forming drugs; or
[G.] (7) immoral, dishonorable or unprofessional conduct.
C. The board [may neither] of osteopathic medical examiners shall not refuse to issue, [nor to] renew, [nor] suspend [nor] or revoke any license, however, for any of [these] the causes pursuant to Subsection B of this section unless the person accused has been given at least twenty days' notice in writing of the charge against [him] the person and a public hearing by the board of osteopathic medical examiners with right of review of the board's decision by the district court of the first judicial district by certiorari on petition of the party against whom the board's decision is rendered.
D. The board of osteopathic medical examiners shall have the power to compel the attendance of witnesses and the production of relevant books and papers for the investigation of matters that may come before [them and] it. The presiding officer of [said] the board may administer the requisite oaths, and [said] the board shall have the same authority to compel the giving of testimony as is conferred on courts of justice."
SECTION 16. A new section of the Osteopathic Physicians' Assistants Act is enacted to read:
"[NEW MATERIAL] The board shall not grant or renew the license of an osteopathic physician assistant unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 17. A new section of the Pharmacy Act is enacted to read:
"[NEW MATERIAL] The board shall not grant or renew the license of a pharmacist unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices. In addition, the pharmacist applicant shall attest that any unlicensed person who is under the pharmacist's control and supervision, and whose duties involve injection practices, has knowledge of and is in compliance with the guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 18. A new section of the Pharmacy Act is enacted to read:
"[NEW MATERIAL] The board shall not grant or renew the license of a pharmacy unless the applicant attests that its employees, independent contractors or agents who are authorized by the pharmacy to administer, and whose duties include the administration of, drugs by injection have knowledge of and comply with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 19. A new section of the Acupuncture and Oriental Medicine Practice Act is enacted to read:
"[NEW MATERIAL] The board shall not grant or renew the license of a doctor of oriental medicine unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 20. A new section of the Acupuncture and Oriental Medicine Practice Act is enacted to read:
"[NEW MATERIAL] The board shall not certify, or renew the certification of, an auricular detoxification specialist unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 21. A new section of the Acupuncture and Oriental Medicine Practice Act is enacted to read:
"[NEW MATERIAL] The board shall not certify, or renew the certification of, a doctor of oriental medicine in the four expanded practices of basic injection therapy, injection therapy, intravenous therapy and bioidentical hormone therapy unless the applicant attests to knowledge of and compliance with guidelines of the federal centers for disease control and prevention regarding the prevention of transmission of infectious agents through safe and appropriate injection practices."
SECTION 22. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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