State of New Mexico
House of Representatives
FORTY-THIRD LEGISLATURE
FIRST SESSION, 1997
February 25, 1997
Mr. Speaker:
Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
whom has been referred
HOUSE BILL 788
has had it under consideration and reports same with
recommendation that it DO PASS, amended as follows:
1. On page 1, between lines 15 and 16, insert the following
new section:
"Section 1. Section 61-6-6 NMSA 1978 (being Laws 1973,
Chapter 361, Section 1, as amended) is amended to read:
"61-6-6. DEFINITIONS.--As used in Chapter 61, Article 6 NMSA
1978:
A. "acting in good faith" means acting without malice as
the primary motive or without knowledge or belief that one is in
error in taking a particular action;
B. "board" means the New Mexico board of medical
examiners;
C. "licensed physician" means a medical doctor licensed
under the Medical Practice Act to practice medicine in New Mexico;
D. "medical college or school in good standing" means a
board-approved medical college or school that has as high a standard
as that required by the association of American medical colleges and
the council on medical education of the American medical
association;
E. "medical student" means a student enrolled in a
board-approved medical college or school in good standing;
F. "person" means an individual or any legal entity of
any kind whatever;
G. "physician assistant" means a skilled person
[registered] licensed by the board as being qualified by academic
and practical training to provide patient services under the
supervision and direction of the licensed physician who is
responsible for the performance of that assistant;
H. "postgraduate year one" or "intern" means a first
year postgraduate student upon whom a degree of doctor of medicine
and surgery or equivalent degree has been conferred by a medical
college or school in good standing [approved by the board];
I. "postgraduate year two through eight" or "resident"
means a graduate of a medical college or school in good standing
[approved by the board] who is in training in a board-approved and
accredited residency training program in a hospital or facility
affiliated with an approved hospital and who has been appointed to
the position of "resident" or "assistant resident" for the purpose
of postgraduate medical training;
J. "the practice of medicine" consists of:
(1) advertising, holding out to the public or
representing in any manner that one is authorized to practice
medicine in this state;
(2) offering or undertaking to administer,
dispense or prescribe any drug or medicine for the use of any other
person, except as authorized pursuant to a professional or
occupational licensing statute set forth in Chapter 61 NMSA 1978;
(3) offering or undertaking to give or administer,
dispense or prescribe any drug or medicine for the use of any other
person, except as directed by a licensed physician;
(4) offering or undertaking to perform any
operation or procedure upon any person;
(5) offering or undertaking to diagnose, correct
or treat in any manner or by any means, methods, devices or
instrumentalities any disease, illness, pain, wound, fracture,
infirmity, deformity, defect or abnormal physical or mental
condition of any person;
(6) offering medical peer review, utilization
review or diagnostic service of any kind that directly influences
patient care, except as authorized pursuant to a professional or
occupational licensing statute set forth in Chapter 61 NMSA 1978; or
(7) acting as the representative or agent of any
person in doing any of the things listed in Paragraphs (1) through
(6) of this subsection;
K. "sexual contact" means touching the primary genital
area, groin, anus, buttocks or breast of a patient or allowing a
patient to touch another's primary genital area, groin, anus,
buttocks or breast in a manner that is commonly recognized as
outside the scope of acceptable medical practice;
L. "sexual penetration" means sexual intercourse,
cunnilingus, fellatio or anal intercourse, whether or not there is
any emission, or introducing any object into the genital or anal
openings of another in a manner that is commonly recognized as
outside the scope of acceptable medical practice; and
M. "United States" means the fifty states, its
territories and possessions and the District of Columbia."".
2. Renumber succeeding sections accordingly.
3. On page 5, lines 7 and 8, strike "pursuant to the
Physician Assistant Act".
4. On page 8, line 3, strike "nominated to the board" and
insert in lieu thereof "chosen".
5. On page 8, line 3, after the second "board" insert "from a
list provided by the board".
6. On page 8, line 4, after "assistants." insert "All
physician assistants shall be eligible for inclusion on the list.".
7. On page 10, line 17, after the period insert a quotation
mark.
8. On page 10, strike Subsection D in its entirety.
9. On page 18, line 13, after the period insert a quotation
mark.
10. On page 18, strike Subsection C in its entirety.,
and thence referred to the JUDICIARY COMMITTEE.
Respectfully submitted,
Gary King, Chairman
Adopted Not Adopted
(Chief Clerk) (Chief Clerk)
Date
The roll call vote was 7 For 0 Against
Yes: 7
Excused: Crook, Rios, Vigil
Absent: None
.117537.1
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