SB 270 — PUBLIC PEACE, HEALTH, SAFETY & WELFARE

a complete description of any disciplinary e e 17 history against the licensee by the board or a licensing board e e n d 18 in another jurisdiction;

= = l ] 19 G.

a description of any formal complaint made a l r i 20 against the licensee and the status of the complaint;

and t e a t H.

a description of any medical malpractice claim m m 21 e d against the licensee for which the licensee was found liable, a r e 22 c e r c 23 jury awarded monetary damages to the claimant and the award has e a n b 24 been determined to be final and not subject to further appeal." u [ SECTION 4.

Section 61-6-15 NMSA 1978 (being Laws 1969, .233969.1 - 3 - ___/SB 270 Chapter 46, Section 6, as amended) is amended to read:

"61-6-15.

LICENSE MAY BE REFUSED, REVOKED OR SUSPENDED-- LICENSEE MAY BE FINED, CENSURED OR REPRIMANDED--PROCEDURE-- PRACTICE AFTER SUSPENSION OR REVOCATION--PENALTY-- UNPROFESSIONAL AND DISHONORABLE CONDUCT DEFINED--FEES AND EXPENSES.-- A.

The board may refuse to license and may revoke or suspend a license that has been issued by the board or a previous board and may fine, censure or reprimand a licensee upon satisfactory proof being made to the board that the applicant for or holder of the license has been guilty of unprofessional or dishonorable conduct.

The board may also refuse to license an applicant who is unable to practice as a physician, practice as a physician assistant, an anesthesiologist assistant, a genetic counselor, a naturopathic practitioner, a naprapathic practitioner or a podiatric e e 17 physician or practice polysomnography, pursuant to Section e e n d 18 61-7-3 NMSA 1978.

All proceedings shall be as required by the = = l ] 19 Uniform Licensing Act or the Impaired Health Care Provider Act.

a l r i 20 B.

The board shall establish requirements for t e a t licensees to provide information to members of the public on m m 21 e d how to contact the board to submit complaints of unprofessional r e 22 c e r c 23 or dishonorable conduct against a licensee.

Licensees may be e a n b 24 required to provide information on how to contact the board:

u [ (1) on each registration form, application or .233969.1 - 4 - _____/SB 270 written contract for services from a licensee;

(2) on a sign prominently displayed in the place of business of each licensee;

or (3) in a bill for service provided by a licensee.

C.

The board shall establish a standard form that allows members of the public to submit complaints of unprofessional or dishonorable conduct against a licensee.

The form shall be consumer friendly and posted conspicuously on the board's website.

D.

The board shall promulgate rules to establish procedures for the investigation and review of complaints filed with the board.

The rules shall:

(1) distinguish among categories of complaints and give priority to complaints that involve sexual misconduct, quality of care and impaired physician issues;

e e 17 (2) ensure that a complaint is not dismissed e e n d 18 without appropriate consideration;

= = l ] 19 (3) require the board to notify a licensee who a l r i 20 is the subject of a complaint filed with the board that a t e a t complaint has been filed and to notify the licensee of the m m 21 e d nature of the complaint unless the notice would jeopardize an r e 22 c e r c 23 investigation;

e a n b 24 (4) require the board to notify the parties to u [ the complaint of the status of the complaint until final .233969.1 - 5 - ___/SB 270 disposition unless the notice would jeopardize an investigation;

(5) require that the board be advised of the dismissal of a complaint and that a letter be sent to the person who filed the complaint and to the licensee who was the subject of the complaint explaining the action taken on the complaint;

and (6) ensure that a person who files a complaint has an opportunity to explain the allegations made in the complaint.

E.

The board shall not consider or act on a complaint involving care provided more than seven years before the date on which the complaint is received by the board unless the care was provided to a minor.

If the care was provided to a minor, the board shall not consider or act on a complaint involving the care after the later of:

e e 17 (1) the date the minor is twenty-one years of e e n d 18 age;

or = = l ] 19 (2) the seventh anniversary of the date of the a l r i 20 care.

t e a t F.

On receipt of a complaint, the board may m m 21 e d consider a previously investigated complaint to determine r e 22 c e r c 23 whether there is a pattern of unprofessional or dishonorable e a n b 24 conduct.

u [ [B.] G.

The board may, in its discretion and for .233969.1 - 6 - _____/SB 270 good cause shown, place the licensee on probation on the terms and conditions it deems proper for protection of the public, for the purpose of rehabilitation of the probationer or both.

Upon expiration of the term of probation, if a term is set, further proceedings may be abated by the board if the holder of the license furnishes the board with evidence that the licensee is competent to practice, is of good moral character and has complied with the terms of probation.

[C.

] H.

If evidence fails to establish to the satisfaction of the board that the licensee is competent and is of good moral character or if evidence shows that the licensee has not complied with the terms of probation, the board may revoke or suspend the license.

If a license to practice in this state is suspended, the holder of the license may not practice during the term of suspension.

A person whose license has been revoked or suspended by the board and who thereafter e e 17 practices or attempts or offers to practice in New Mexico, e e n d 18 unless the period of suspension has expired or been modified by = = l ] 19 the board or the license reinstated, is guilty of a felony and a l r i 20 shall be punished as provided in Section 61-6-20 NMSA 1978.

t e a t [D.

] I.

"Unprofessional or dishonorable conduct", m m 21 e d as used in this section, means, but is not limited to because r e 22 c e r c 23 of enumeration, conduct of a licensee that includes the e a n b 24 following:

u [ (1) procuring, aiding or abetting an illegal .233969.1 - 7 - ___/SB 270 procedure;

(2) employing a person to solicit patients for the licensee;

(3) representing to a patient that a manifestly incurable condition of sickness, disease or injury can be cured;

(4) obtaining a fee by fraud or misrepresentation;

(5) willfully or negligently divulging a professional confidence;

(6) conviction of an offense punishable by incarceration in a state penitentiary or federal prison or conviction of a misdemeanor associated with the practice of the licensee.

A copy of the record of conviction, certified by the clerk of the court entering the conviction, is conclusive evidence;

e e 17 (7) habitual or excessive use of intoxicants e e n d 18 or drugs;

= = l ] 19 (8) fraud or misrepresentation in applying for a l r i 20 or procuring a license to practice in this state or in t e a t connection with applying for or procuring renewal, including m m 21 e d cheating on or attempting to subvert the licensing r e 22 c e r c 23 examinations;

e a n b 24 (9) making false or misleading statements u [ regarding the skill of the licensee or the efficacy or value of .233969.1 - 8 - _____/SB 270 the medicine, treatment or remedy prescribed or administered by the licensee or at the direction of the licensee in the treatment of a disease or other condition of the human body or mind;

(10) impersonating another licensee, permitting or allowing a person to use the license of the licensee or practicing as a licensee under a false or assumed name;

(11) aiding or abetting the practice of a person not licensed by the board;

(12) gross negligence in the practice of a licensee;

(13) manifest incapacity or incompetence to practice as a licensee;

(14) discipline imposed on a licensee by another licensing jurisdiction, including denial, probation, e e 17 suspension or revocation, based upon acts by the licensee e e n d 18 similar to acts described in this section.

A certified copy of = = l ] 19 the record of disciplinary action or sanction taken by another a l r i 20 jurisdiction is conclusive evidence of the action;

t e a t (15) the use of a false, fraudulent or m m 21 e d deceptive statement in a document connected with the practice r e 22 c e r c 23 of a licensee;

e a n b 24 (16) fee splitting;

u [ (17) the prescribing, administering or .233969.1 - 9 - ___/SB 270 dispensing of narcotic, stimulant or hypnotic drugs for other than accepted therapeutic purposes;

(18) conduct likely to deceive, defraud or harm the public;

(19) repeated similar negligent acts or a pattern of conduct otherwise described in this section or in violation of a board rule;

(20) employing abusive billing practices;

(21) failure to report to the board any adverse action taken against the licensee by:

(a) another licensing jurisdiction;

(b) a peer review body;

(c) a health care entity;

(d) a professional or medical society or association;

(e) a governmental agency;

e e 17 (f) a law enforcement agency;

or e e n d 18 (g) a court for acts or conduct similar = = l ] 19 to acts or conduct that would constitute grounds for action as a l r i 20 defined in this section;

t e a t (22) failure to report to the board the denial m m 21 e d of licensure, surrender of a license or other authorization to r e 22 c e r c 23 practice in another state or jurisdiction or surrender of e a n b 24 membership on any medical staff or in any medical or u [ professional association or society following, in lieu of and .233969.1 - 10 - _____/SB 270 while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section;

(23) failure to furnish the board, its investigators or representatives with information requested by the board;

(24) abandonment of patients;

(25) being found mentally incompetent or insane by a court of competent jurisdiction;

(26) injudicious prescribing, administering or dispensing of a drug or medicine;

(27) failure to adequately supervise, as provided by board rule, a medical or surgical assistant or technician or professional licensee who renders health care;

(28) sexual contact with a patient or person e e 17 who has authority to make medical decisions for a patient, e e n d 18 other than the spouse of the licensee;

= = l ] 19 (29) conduct unbecoming in a person licensed a l r i 20 to practice or detrimental to the best interests of the public;

t e a t (30) the surrender of a license or withdrawal m m 21 e d of an application for a license before another state licensing r e 22 c e r c 23 board while an investigation or disciplinary action is pending e a n b 24 before that board for acts or conduct similar to acts or u [ conduct that would constitute grounds for action pursuant to .233969.1 - 11 - ___/SB 270 this section;

(31) sexual contact with a former mental health patient of the licensee, other than the spouse of the licensee, within one year from the end of treatment;

(32) sexual contact with a patient when the licensee uses or exploits treatment, knowledge, emotions or influence derived from the current or previous professional relationship;

(33) improper management of medical records, including failure to maintain timely, accurate, legible and complete medical records;

(34) failure to provide pertinent and necessary medical records to a physician or patient of the physician in a timely manner when legally requested to do so by the patient or by a legally designated representative of the patient;

e e 17 (35) undertreatment of pain as provided by e e n d 18 board rule;

= = l ] 19 (36) interaction with physicians, hospital a l r i 20 personnel, patients, family members or others that interferes t e a t with patient care or could reasonably be expected to adversely m m 21 e d impact the quality of care rendered to a patient;

r e 22 c e r c 23 (37) soliciting or receiving compensation by a e a n b 24 physician assistant or anesthesiologist assistant from a person u [ who is not an employer of the assistant;

.233969.1 - 12 - _____/SB 270 (38) willfully or negligently divulging privileged information or a professional secret;

or (39) the use of conversion therapy on a minor.

[E.

] J.

As used in this section:

(1) "conversion therapy" means any practice or treatment that seeks to change a person's sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward persons of the same sex.

"Conversion therapy" does not mean:

(a) counseling or mental health services that provide acceptance, support and understanding of a person without seeking to change gender identity or sexual orientation;

or (b) mental health services that facilitate a person's coping, social support, sexual e e 17 orientation or gender identity exploration and development, e e n d 18 including an intervention to prevent or address unlawful = = l ] 19 conduct or unsafe sexual practices, without seeking to change a l r i 20 gender identity or sexual orientation;

t e a t (2) "fee splitting" includes offering, m m 21 e d delivering, receiving or accepting any unearned rebate, r e 22 c e r c 23 refunds, commission preference, patronage dividend, discount or e a n b 24 other unearned consideration, whether in the form of money or u [ otherwise, as compensation or inducement for referring .233969.1 - 13 - ___/SB 270 patients, clients or customers to a person, irrespective of any membership, proprietary interest or co-ownership in or with a person to whom the patients, clients or customers are referred;

(3) "gender identity" means a person's self- perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth;

(4) "minor" means a person under eighteen years of age;

and (5) "sexual orientation" means heterosexuality, homosexuality or bisexuality, whether actual or perceived.

[F.

] K.

Licensees whose licenses are in a probationary status shall pay reasonable expenses for e e 17 maintaining probationary status, including laboratory costs e e n d 18 when laboratory testing of biological fluids is included as a = = l ] 19 condition of probation." a l r i 20 SECTION 5.

Section 61-6-16 NMSA 1978 (being Laws 1989, t e a t Chapter 269, Section 12, as amended) is amended to read:

m m 21 e d "61-6-16.

REPORTING OF SETTLEMENTS AND JUDGMENTS, r e 22 c e r c 23 PROFESSIONAL REVIEW ACTIONS AND ACCEPTANCE OF SURRENDERED e a n b 24 LICENSE--IMMUNITY FROM CIVIL DAMAGES--PENALTY.-- u [ A.

The board shall run a continuous query on the .233969.1 - 14 - _____/SB 270 national practitioner data bank with respect to each licensee for whom the national practitioner data bank contains relevant information.

[A.] B.

All entities that make payments under a policy of insurance, self-insurance or otherwise in settlement or satisfaction of a judgment in a medical malpractice action or claim, hospitals, health care entities and professional review bodies shall report to the board all payments relating to malpractice actions or claims arising in New Mexico that involve a licensee and that are paid as a direct result of the licensee's care, all appropriate professional review actions of licensees and the acceptance or surrender of clinical privileges by a licensee while under investigation or in lieu of an investigation.

For the purposes of this section, the meaning of these terms shall be as contained in Section 431 of the federal Health Care Quality Improvement Act of 1986, 42 e e 17 USCA Section 11151.

e e n d 18 [B.

] C.

The hospitals required to report under this = = l ] 19 section, health care entities or professional review bodies a l r i 20 that provide such information in good faith shall not be t e a t subject to suit for civil damages as a result of providing the m m 21 e d information.

r e 22 c e r c 23 [C.

] D.

A hospital, health care entity or e a n b 24 professional review body failing to comply with the reporting u [ requirements provided in this section shall be subject to civil .233969.1 - 15 - ___/SB 270 penalty not to exceed ten thousand dollars ($10,000)." - 16 - 4 6 8 10 12 14 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .233969.1