New Mexico Register / Volume XXIX,
Issue 13 / July 10, 2018
NOTICE OF PUBLIC RULE HEARING
The New Mexico Medical Board will convene a regular
Board Meeting on Thursday, August 9, 2018 at 8:30 a.m. and Friday, August 10,
2018 at 8:30 a.m. and conduct a Public Rule Hearing on Friday, August 10, 2018 at
10:15 a.m. at the New Mexico Medical Board office conference room, located at
2055 South Pacheco St., Bldg. 400, Santa Fe, NM
87505. The Board will reconvene
after the Hearing to take action on the proposed rule amendments. The Board may enter into Executive Session
during the meeting to discuss licensing or limited personnel issues.
The purpose of the Rule Hearing is to consider repealing
and replacing 16.10.10 NMAC (Report of Settlements, Judgements, Adverse Actions
and Credentialing Discrepancies) and 16.10.16 NMAC (Administering, Prescribing,
and Distribution of Medications).
A copy of the proposed amended rule is available
upon request from the Board office at 2055 South Pacheco Street, Bldg. 400,
Santa Fe, NM 87505, by phone (505) 476-7220, or on the Board’s website at www.nmmb.state.nm.us.
The hearing will be conducted in accordance with the
Medical Practice Act, Section 61-6-5. B NMSA 1978, the Uniform Licensing Act
Section 61-1-1 through 61-1-31 NMSA 1978, the State Rules Act, Section 14-4-5.3
NMSA 1978 and other applicable procedures.
All interested persons will be given reasonable
opportunity at the hearing to submit relevant evidence, data, views or
arguments orally or in writing. The New
Mexico Medical Board will consider all written comment on the proposed repeal
and replacement of 16.10.10 NMAC and 16.10.16 NMAC that is submitted to the
Board no later than 5:00 p.m. Thursday, August 9, 2018. Comment must be sent to the New Mexico
Medical Board, Attn: Sondra Frank, Esq.,
Executive Director, 2055 South Pacheco Street, Bldg. 400, Santa
Fe, NM 87505. All public comments may be
received via mail, electronic mail or fax and will posted the Board’s website
at www.nmmb.state.nm.us
within three days of receipt by the Board.
All public comments will be made part of the official rule hearing
record.
If you are an individual with a disability who is in
need of a reader, amplifier, qualified sign language interpreter, or any other
form of auxiliary aid or service in order to attend or participate in the
meeting or rule hearing, please contact Amanda Quintana at 505-476-7230 or AmandaL.Quintana@state.nm.us
prior to the meeting. Public documents,
including the agenda and minutes, can be provided in various accessible
formats. Please contact the Executive
director if a summary or other type of accessible format is needed.
NOTICE OF RULEMAKING
The New Mexico Medical Board may consider the
following items of rulemaking at the meeting:
Repeal
16.10.10 NMAC Report
of Settlements, Judgements, Adverse Actions and Credentialing Discrepancies
16.10.16 NMAC Administering,
Prescribing and Distribution of Medications
Replacement
16.10.10 NMAC Report
of Settlements, Judgements, Adverse Actions and Credentialing Discrepancies
16.10.16 NMAC Administering,
Prescribing and Distribution of Medications
16.10.10 NMAC
Report of Settlements, Judgements, Adverse Actions and Credentialing
Discrepancies SYNOPSIS:
The proposed replacement of
16.10.10 clarifies the intent of part 10 regarding the reporting requirements
for licensees, applicants and health care entities. The statutory authority for the New Mexico
Medical Board’s promulgation of this rule is found in the Medical Practice Act
(NMSA 1978, Sections 66-6-1 to -35) and the Impaired Health Care Provider Act
(NMSA 1978, Sections 66-1-7 to -12).
Specifically, the revision makes
clear (a) the board’s reporting requirements apply to applicants as well as
licensees, (b) applicants and licensees have a duty to report all types of
adverse actions, not just those relating to or affecting their competence or
clinical privileges, (c) health plans and networks are among the entities that
must report actions involving licensees and applicants, (d) licensees and
applicants have a duty to report colleagues who are impaired, incompetent or
unethical, and (e) licensees and applicants have a duty to self-report to the
board if their ability to practice safely or effectively is impaired.
16.10.16 NMAC
Administering, Prescribing and Distribution of Medications.
SYNOPSIS:
The proposed replacement of
16.10.16 updates the intent of part 16 regarding the administering, prescribing
and distribution of medications by physician assistants. The statutory authority for the New Mexico
Medical Board’s promulgation of this rule is found in the Medical Practice Act
(NMSA 1978, Sections 66-6-1 to -35).
The purpose of amending the Part
16 is to conform the regulations to House Bill 215 2017 statutory amendments.
Amongst other things, the PA statutory amendment added “collaboration” as a
possible status for PAs and added distribution to PA prescribing abilities. The regulation changes are also necessary
because the current rule on PA prescribing reflects requirement which have not
been statutorily required for many years, including a formulary, direct
physician oversight and limits on prescribing.
Specifically, the revisions
include a definition of “compounding” and clarifies that Physician Assistants
may not compound drugs; any reference to a formulary is deleted; requirements
for physician assistant prescription pads is deleted; and limitations to
prescribing by physician assistants is added.