HOUSE BILL 789
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Eleanor Chavez
AN ACT
RELATING TO LICENSING; AMENDING THE ACUPUNCTURE AND ORIENTAL MEDICINE PRACTICE ACT; CLARIFYING THE PROCEDURES AND SUBSTANCES THAT ARE WITHIN THE SCOPE OF ACUPUNCTURE AND ORIENTAL MEDICINE; PROVIDING FOR REFUNDABLE FEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 61-14A-3 NMSA 1978 (being Laws 1993, Chapter 158, Section 11, as amended) is amended to read:
"61-14A-3. DEFINITIONS.--As used in the Acupuncture and Oriental Medicine Practice Act:
A. "acupuncture" means the surgical use of needles inserted into and removed from the body and the use of other devices, modalities and procedures at specific locations on the body for the prevention, cure or correction of any disease, illness, injury, pain or other condition by controlling and regulating the flow and balance of energy and function to restore and maintain health;
B. "board" means the board of acupuncture and oriental medicine;
C. "doctor of oriental medicine" means a person licensed as a physician to practice acupuncture and oriental medicine with the ability to practice independently, serve as a primary care provider and as necessary collaborate with other health care providers;
D. "mode of administration" means a manner by which a substance is introduced into the body, including forms such as subcutaneous injection, intramuscular injection, intravenous infusion, transdermal cream or patch, oral and suppository;
[D.] E. "moxibustion" means the use of heat on or above specific locations or on acupuncture needles at specific locations on the body for the prevention, cure or correction of any disease, illness, injury, pain or other condition;
[E.] F. "oriental medicine" means the distinct system of primary health care that uses all allied techniques of oriental medicine, both traditional and modern, to diagnose, treat and prescribe for the prevention, cure or correction of disease, illness, injury, pain or other physical or mental condition by controlling and regulating the flow and balance of energy, form and function to restore and maintain health;
[F.] G. "primary care provider" means a health care practitioner acting within the scope of the health care practitioner's license who provides the first level of basic or general health care for a person's health needs, including diagnostic and treatment services, initiates referrals to other health care practitioners and maintains the continuity of care when appropriate;
[G.] H. "techniques of oriental medicine" means:
(1) the diagnostic and treatment techniques used in oriental medicine that include diagnostic procedures; acupuncture; moxibustion; [manual therapy, also known as tui na; other physical medicine modalities and therapeutic procedures] all traditional east Asian manual therapies and massage modalities, excluding chiropractic and osteopathy adjustments; breathing and exercise techniques; and dietary, nutritional and lifestyle counseling;
(2) the prescribing, administering, combining and providing of [herbal medicines] non-injectable herbs, all legal substances from the traditional east Asian pharmacopoeia, homeopathic medicines, vitamins, minerals, enzymes, glandular products, [natural substances, natural medicines] protomorphogens, [live cell products, gerovital] amino acids, lipids, carbohydrates, proteins, dietary and nutritional supplements, cosmetics as they are defined in the New Mexico Drug, Device and Cosmetic Act and nonprescription drugs as they are defined in the Pharmacy Act; and
(3) the prescribing, administering and providing of devices, restricted devices and prescription devices, as those devices are defined in the New Mexico Drug, Device and Cosmetic Act, if the board determines by rule that the devices are necessary in the practice of oriental medicine and if the prescribing doctor of oriental medicine has fulfilled requirements for prescriptive authority in accordance with rules promulgated by the board for the devices enumerated in this paragraph; and
[H.] I. "tutor" means a doctor of oriental medicine with at least ten years of clinical experience who is a teacher of acupuncture and oriental medicine."
Section 2. Section 61-14A-8.1 NMSA 1978 (being Laws 2000, Chapter 53, Section 12, as amended) is amended to read:
"61-14A-8.1. EXPANDED PRACTICE AND RESTRICTIVE PRESCRIPTIVE AUTHORITY--CERTIFICATIONS.--
A. The board shall issue certifications [as determined by rule of the board] for expanded practice [and] with limited prescriptive authority only for the substances enumerated in [Paragraphs (1) and (2) of] Subsection [C] E of this section to a doctor of oriental medicine who has submitted completed forms provided by the board, paid the application fee for certification and submitted proof of successful completion of additional training required by rule of the board. The board shall adopt the rules determined by the board of pharmacy for additional training required for the prescribing, administering, compounding or dispensing of [caffeine, procaine, oxygen, epinephrine and bioidentical hormones] the substances listed in Subsection E of this section. In the event that injectable or intravenous herbs such as those that are currently available in China ever become legally available in the United States, the New Mexico medical board and the board of pharmacy shall collaborate with the board of acupuncture and oriental medicine to determine suitable ways to provide certified education at an accredited institution to doctors of oriental medicine who wish to learn to administer these therapies safely under the regulation of the board of acupuncture and oriental medicine. The board, the New Mexico medical board and the board of pharmacy shall consult as appropriate.
[B. The board shall issue certifications in the four expanded practices of basic injection therapy, injection therapy, intravenous therapy and bioidentical hormone therapy.
C.] B. The New Mexico medical board shall:
(1) promulgate rules to establish a training program, certification criteria and procedures whereby doctors of oriental medicine may obtain certification to prescribe, administer, compound and dispense nonprescription drugs as they are defined in the Pharmacy Act;
(2) make available to doctors of oriental medicine training that qualifies them for certification to prescribe, administer, compound and dispense nonprescription drugs as they are defined in the Pharmacy Act; and
(3) promulgate rules establishing the limits of the limited prescribing authority for doctors of oriental medicine who may become eligible for certification pursuant to this subsection.
C. The New Mexico medical board may:
(1) with the approval of the board of pharmacy, develop a formulary of dangerous drugs and controlled substances, as they are defined in the New Mexico Drug, Device and Cosmetic Act, the Controlled Substances Act or the Pharmacy Act and promulgate rules governing the prescribing, administering, compounding and dispensing of these dangerous drugs and controlled substances by qualified doctors of oriental medicine;
(2) establish criteria and procedures for certification of doctors of oriental medicine to qualify as practitioners with authority pursuant to the New Mexico Drug, Device and Cosmetic Act limited to prescribing, administering, combining and dispensing the dangerous drugs and controlled substances on that formulary;
(3) establish and offer to doctors of oriental medicine training in order that they may qualify to be certified as practitioners with limited authority pursuant to Paragraph (2) of this subsection;
(4) develop a formulary of approved modes of administration and promulgate rules governing the prescribing of these modes of administration by qualified doctors of oriental medicine;
(5) establish criteria and procedures for the certification of doctors of oriental medicine to qualify to prescribe, administer, compound and dispense the approved modes of administration on that formulary; and
(6) establish and offer to doctors of oriental medicine training in order that they may qualify to be certified to administer approved modes of administration pursuant to Paragraph (5) of this subsection.
D. A doctor of oriental medicine who is certified as a practitioner with limited prescriptive authority pursuant to Subsection C of this section shall not use any substance or mode of administration that does not appear on a formulary of approved dangerous drugs or a formulary of approved modes of administration.
E. The doctor of oriental medicine's expanded practice and prescriptive authority shall include
[(1) the prescribing, administering, compounding and dispensing of herbal medicines, homeopathic medicines, vitamins, minerals, amino acids, proteins, enzymes, carbohydrates, lipids, glandular products, natural substances, natural medicines, protomorphogens, live cell products, gerovital, dietary and nutritional supplements, cosmetics as they are defined in the New Mexico Drug, Device and Cosmetic Act and nonprescription drugs as they are defined in the Pharmacy Act; and
(2)] the prescribing, administering, compounding and dispensing of the following drugs, dangerous drugs or controlled substances as [they] drugs, dangerous drugs and controlled substances are defined in the New Mexico Drug, Device and Cosmetic Act, the Controlled Substances Act or the Pharmacy Act, if the prescribing doctor of oriental medicine has fulfilled the requirements for expanded practice and prescriptive authority in accordance with the rules promulgated by the board for the substances enumerated in this [paragraph] subsection:
[(a)] (1) sterile water;
[(b)] (2) sterile saline;
[(c) sarapin or its generic;
(d) caffeine;
(e) procaine;
(f) oxygen;
(g) epinephrine;
(h) vapocoolants;
(i) bioidentical hormones;
(j) biological products, including therapeutic serum; and
(k) any of the drugs or substances enumerated in Paragraph (1) of this subsection if at any time those drugs or substances are classified as dangerous drugs or controlled substances]
(3) inhaled oxygen;
(4) subcutaneous and intramuscular epinephrine, for emergency use in case of shock;
(5) topical vaporcoolants; and
(6) injectable vitamin B-12.
F. Except as limited or restricted by federal or state law, the drugs, dangerous drugs or controlled substances listed in Subsection E of this section are authorized in the specified modes of administration wherein basic injection certification and prescriptive authority is provided for the intradermal, intramuscular and subcutaneous injection of homeopathic, sterile water, topical vaporcoolants and vitamin B-12.
[D.] G. Doctors of oriental medicine certified for expanded practice and prescriptive authority shall comply with the compounding requirements for licensed health care professionals in the United States pharmacopeia and national formulary. A substance is only authorized for use if procured, prescribed, administered, compounded and dispensed in compliance with federal and state law.
H. A doctor of oriental medicine or oriental medicine student enrolled in a board-approved educational course or program leading to certification in one of the oriental medicine expanded practice categories of basic injection therapy, injection therapy, intravenous therapy or bioidentical hormone therapy is authorized to perform the techniques and have the prescriptive authority, for the duration of the course or program, to administer and compound the substances that are authorized in the expanded practice formulary for which the student is studying under the direct supervision of the teacher of the approved expanded practice educational course or program. The student is not authorized to obtain, prescribe or dispense such substances without direct supervision."
Section 3. Section 61-14A-16 NMSA 1978 (being Laws 1993, Chapter 158, Section 24, as amended by Laws 2001, Chapter 263, Section 1 and Laws 2001, Chapter 266, Section 2) is amended to read:
"61-14A-16. FEES.--The board shall establish a schedule of reasonable [nonrefundable] fees not to exceed the following amounts:
A. application for licensing. . . . . . . . $800;
B. application for reciprocal licensing. . . 750;
C. application for temporary licensing. . . .500;
D. examination, not including the cost of any nationally recognized examination. . . . . . . . . . . . 700;
E. annual license renewal. . . . . . . . . . 400;
F. late license renewal. . . . . . . . . . . 200;
G. expired license renewal. . . . . . . . . .400;
H. temporary license renewal. . . . . . . . .100;
I. application for approval or renewal of approval of an educational program. . . . . . . . . . . .600;
J. late renewal of approval of an educational program. . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .200;
K. annual continuing education provider
registration. . . . . . . . . . . . . . . . . . . . . . .200;
L. application for [extended or] expanded practice with limited prescriptive authority. . . . . . .500;
M. application for externship supervisor registration
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .500;
N. application for extern certification. . . 500;
and
O. any and all fees to cover reasonable and necessary administrative expenses."
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