FORTY-THIRD LEGISLATURE            SB 653/a
                        FIRST SESSION, 1997
  
  
                                                    March 6, 1997
  
  Mr. President:
  
      Your FINANCE COMMITTEE, to whom has been referred
  
                    SENATE BILL 653, as amended
  
  has had it under consideration and reports same with recommendation
  that it DO PASS, amended as follows:
  
      1.  On page 9, between lines 21 and 22, insert the following
  new section:
  
      "Section 3.  Section 61-6-17 NMSA 1978 (being Laws 1973,
  Chapter 361, Section 8, as amended) is amended to read:
  
      "61-6-17.  EXCEPTIONS TO ACT.--The Medical Practice Act shall
  not apply to or affect:
  
          A.  gratuitous services rendered in cases of emergency;
  
          B.  the domestic administration of family remedies;
  
          C.  the practice of midwifery as regulated in this state;
  
          D.  commissioned medical officers of the armed forces of
  the United States and medical officers of the United States public
  health service or the veterans administration of the United States
  in the discharge of their official duties or within federally
  controlled facilities, provided that such persons who hold medical
  licenses in 
  
  New Mexico shall be subject to the provisions of the Medical
  Practice Act and provided that all such persons shall be fully
  licensed to practice medicine in one or more jurisdictions of the
  United States;
  
          E.  the practice of medicine by a physician, unlicensed in
  New Mexico, who performs emergency medical procedures in air or
  ground transportation of a patient from inside of New Mexico to
  another state or back, provided that the physician is duly licensed
  in that state;
  
          F.  the practice, as defined and limited under their
  respective licensing laws, of:
  
               (1)  osteopathy;
  
               (2)  dentistry;
  
               (3)  podiatry;
  
               (4)  nursing;
  
               (5)  optometry;
  
               (6)  psychology;
  
               (7)  chiropractic;
  
               (8)  pharmacy;
  
               (9)  acupuncture and oriental medicine; or
  
               (10)  physical therapy;
  
          G.  any act, task or function performed by a physician
  assistant at the direction of and under the supervision of a
  licensed physician, when:
  
               (1)  the assistant is registered and has annually 
  renewed his registration with the board as one qualified by training
  or experience to function as an assistant to a physician;
  
               (2)  the act, task or function is performed at the
  direction of and under the supervision of a licensed physician in
  accordance with rules and regulations promulgated by the board; and
  
               (3)  the acts of the physician assistant are within
  the scope of duties assigned or delegated by the supervising
  licensed physician and the acts are within the scope of the
  assistant's training;
  
          H.  any act, task or function of laboratory technicians or
  technologists, x-ray technicians, nurse practitioners, medical or
  surgical assistants or other technicians or qualified persons
  permitted by law or established by custom as part of the duties
  delegated to them by:
  
               (1)  a licensed physician or a hospital, clinic or
  institution licensed or approved by the public health division of
  the department of health or an agency of the federal government; or
  
               (2)  a health care program operated or financed by an
  agency of the state or federal government; 
  
          I.  a properly trained medical or surgical assistant or
  technician or professional licensee performing under the physician's
  employment and direct supervision or a visiting physician or surgeon
  operating under the physician's direct supervision any medical act
  that a reasonable and prudent physician would find within the scope
  of sound medical judgment to delegate if, in the opinion of the
  delegating physician, the act can be properly and safely performed
  in its customary manner and if the person does not hold himself out
  to the public as being authorized to practice medicine in New
  Mexico.  The delegating physician shall remain responsible for the
  medical acts of the person performing the delegated medical acts;
  and
  
          J.  the practice of the religious tenets of any church in
  the ministration to the sick or suffering by mental or spiritual
  means as provided by law; provided that the Medical Practice Act
  shall not be construed to exempt any person from the operation or
  enforcement of the sanitary and quarantine laws of the state."".
  
      2.  Renumber the succeeding section accordingly.
  
  
  
  
                               Respectfully submitted,
  
  
  
                               __________________________________
                               Ben D. Altamirano, Chairman 
  
  
  
  
  
  
  
  
  
  
  Adopted_______________________   Not Adopted_______________________
            (Chief Clerk)                          (Chief Clerk)
  
  
                    Date ________________________
  
  
  The roll call vote was  7  For  0  Against
          Yes:    7
          No:     None
               Excused:     Aragon, Carraro, Lyons, McKibben
          Absent: None
  
  
  S0653FC1