SUPERVISION OF PHYSICIAN ASSISTANTS

HB0150

HOUSE BILL 150

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Jenifer Jones
and
Elizabeth "Liz" Thomson

AN ACT

RELATING TO LICENSURE; AMENDING THE PHYSICIAN ASSISTANT ACT TO
ELIMINATE CERTAIN REQUIREMENTS REGARDING THE SUPERVISION OF
PHYSICIAN ASSISTANTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

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 the Medical Practice
Act:

A. "approved postgraduate training program for
physicians" means a program approved by the accreditation
council for graduate medical education, the American
osteopathic association or other board-approved program;

B. "board" means the New Mexico medical board;

C. "collaboration" means [
the process by which a
licensed physician and a physician assistant jointly contribute
to the health care and medical treatment of patients
]
a
physician assistant's consultation with or referral to an
appropriate physician or other health care practitioner as
indicated by the physician assistant's education, competencies
and experience, the patient's condition and the standard of
care
; provided that:

(1) each collaborator performs actions that
the collaborator is licensed or otherwise authorized to
perform; and

(2) collaboration shall not be construed to
require the physical presence of [
the
]
a
licensed physician at
the time and place services are rendered;

D. "licensed physician" means a medical or
osteopathic physician licensed under the Medical Practice Act
to practice medicine in New Mexico;

E. "licensee" or "health care practitioner" means a
medical physician, osteopathic physician, physician assistant,
polysomnographic technologist, anesthesiologist assistant,
naturopathic doctor, podiatric physician or naprapath licensed
by the board to practice in New Mexico;

F. "medical college or school in good standing" for
medical physicians 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; and for
osteopathic physicians means a college of osteopathic medicine
accredited by the commission of osteopathic college
accreditation;

G. "medical student" means a student enrolled in a
board-approved medical college or school in good standing;

H. "physician assistant" means a health care
practitioner who is licensed by the board to practice as a
physician assistant and who provides services to patients [
with
the supervision of or in collaboration with a licensed
physician as set forth in rules promulgated by the board
];

I. "resident" means a graduate of a medical college
or school in good standing 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
"fellow" 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 or to practice health care that is under the authority
of the board in this state;

(2) offering or undertaking to administer,
dispense or prescribe a drug or medicine for the use of another
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 a drug or medicine for the
use of another person, except as directed by a licensed
physician;

(4) offering or undertaking to perform an
operation or procedure upon a 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 a 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 a
person in doing any of the things listed in this subsection;

K. "the practice of medicine across state lines"
means:

(1) the rendering of a written or otherwise
documented medical opinion concerning diagnosis or treatment of
a patient within this state by a physician located outside this
state as a result of transmission of individual patient data by
electronic, telephonic or other means from within this state to
the physician or the physician's agent; or

(2) the rendering of treatment to a patient
within this state by a physician located outside this state as
a result of transmission of individual patient data by
electronic, telephonic or other means from within this state to
the physician or the physician's agent;

L. "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 or health
care practice;

M. "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 or health
care practice; and

N. "United States" means the fifty states, its
territories and possessions and the District of Columbia."

SECTION 2.
Section 61-6-19 NMSA 1978 (being Laws 1989,
Chapter 269, Section 15, as amended) is amended to read:

"61-6-19. FEES.--

A. Except as provided in Section 61-1-34 NMSA 1978,
the board shall impose the following fees:

(1) an application fee not to exceed five
hundred dollars ($500) for licensure by endorsement as provided
in Section 61-6-13 NMSA 1978;

(2) an application fee not to exceed five
hundred dollars ($500) for licensure by examination as provided
in Section 61-6-11 NMSA 1978;

(3) a triennial renewal fee not to exceed five
hundred dollars ($500);

(4) a fee of twenty-five dollars ($25.00) for
placing a physician's license or a physician assistant's
license on inactive status;

(5) a late fee not to exceed one hundred
dollars ($100) for physicians who renew their license within
forty-five days after the required renewal date;

(6) a late fee not to exceed two hundred
dollars ($200) for physicians who renew their licenses between
forty-six and ninety days after the required renewal date;

(7) a reinstatement fee not to exceed seven
hundred dollars ($700) for reinstatement of a revoked,
suspended or inactive license;

(8) a reasonable administrative fee for
verification and duplication of license or registration and
copying of records;

(9) a reasonable publication fee for the
purchase of a publication containing the names of all
practitioners licensed under the Medical Practice Act;

(10) an impaired physician fee not to exceed
one hundred fifty dollars ($150) for a three-year period;

(11) an interim license fee not to exceed one
hundred dollars ($100);

(12) a temporary license fee not to exceed one
hundred dollars ($100);

(13) a postgraduate training license fee not
to exceed fifty dollars ($50.00) annually;

(14) an application fee not to exceed one
hundred fifty dollars ($150) for physician assistants applying
for initial licensure;

(15) a licensure fee not to exceed one hundred
fifty dollars ($150) for physician assistants biennial license
renewal; [
and registration of supervising or collaborating
licensed physician
]

(16) a late fee not to exceed fifty dollars
($50.00) for physician assistants who renew their licensure
within forty-five days after the required renewal date;

(17) a late fee not to exceed seventy-five
dollars ($75.00) for physician assistants who renew their
licensure between forty-six and ninety days after the required
renewal date;

(18) a reinstatement fee not to exceed one
hundred dollars ($100) for physician assistants who reinstate
an expired license;

(19) a fee not to exceed three hundred dollars
($300) annually for a physician supervising a clinical
pharmacist;

(20) an application and renewal fee for a
telemedicine license not to exceed nine hundred dollars ($900);

(21) a reasonable administrative fee, not to
exceed the current cost of application and license or renewal
for a license, that may be charged for reprocessing
applications and renewals that include minor but significant
errors and that would otherwise be subject to investigation and
possible disciplinary action; and

(22) a reasonable fee as established by the
department of public safety for nationwide and statewide
criminal history screening of applicants and licensees.

B. All fees are nonrefundable and shall be used by
the board to carry out its duties efficiently."

SECTION 3.
Section 61-6C-3 NMSA 1978 (being Laws 2022,
Chapter 39, Section 31) is amended to read:

"61-6C-3. LICENSURE AS A PHYSICIAN ASSISTANT--SCOPE OF
PRACTICE--BIENNIAL REGISTRATION OF SUPERVISION--LICENSE
RENEWAL--FEES.--

A. The board may license as a physician assistant a
qualified person who has graduated from a physician assistant
program accredited by the national accrediting body as
established by rule of the board in accordance with the State
Rules Act and has passed a physician assistant national
certifying examination as established by rule. The board may
also license as a physician assistant a person who passed the
physician assistant national certifying examination
administered by the national commission on certification of
physician assistants prior to 1986.

B. A person shall not perform, attempt to perform
or hold the person's own self out as a physician assistant
without first applying for and obtaining a license from the
board.

C. Physician assistants may prescribe, administer,
dispense and distribute dangerous drugs other than controlled
substances in Schedule I of the Controlled Substances Act
pursuant to rules adopted by the board after consultation with
the board of pharmacy if the prescribing, administering,
dispensing and distributing are done with the supervision of a
licensed physician or in collaboration with [
a licensed
physician
]
an appropriate health care practitioner
. The
distribution process shall comply with state laws concerning
prescription packaging, labeling and recordkeeping
requirements.

D. A physician assistant shall perform only the
acts and duties that are within the physician assistant's scope
of practice.

E. An applicant for licensure as a physician
assistant shall complete application forms supplied by the
board and shall pay a licensing fee as provided in Section
61-6-19 NMSA 1978.

F. A physician assistant shall biennially submit
proof of current certification by the national commission on
certification of physician assistants or another certifying
agency designated by the board. [
and shall renew the license
and registration of supervision of the physician assistant with
the board
]

G. A physician assistant
with fewer than four
thousand hours of clinical practice experience in a particular
practice specialty
shall not practice medicine
in that practice
specialty
until the physician assistant has established a
supervising or collaborating relationship with a licensed
physician
or other appropriate health care practitioner
in
accordance with rules promulgated by the board.

H.
Each biennial renewal of licensure shall be
accompanied by a fee as provided in Section 61-6-19 NMSA 1978."

SECTION 4.
Section 61-6C-6 NMSA 1978 (being Laws 2017,
Chapter 103, Section 6) is amended to read:

"61-6C-6. PHYSICIAN ASSISTANT COLLABORATION WITH LICENSED
PHYSICIANS--SCOPE OF PRACTICE--MEDICAL MALPRACTICE INSURANCE.--

A. A physician assistant may
independently
perform
the acts and duties that are within the physician assistant's
scope of practice [
in collaboration with a licensed physician
]
if the physician assistant has:

(1) completed [
three years
]
four thousand
hours
of clinical practice as a physician assistant with the
supervision of a licensed physician; and

(2) complied with rules adopted by the board
establishing qualifications for when a physician assistant may
engage in the practice of medicine in collaboration with [
a
licensed physician
]
an appropriate health care practitioner
.

B. A physician assistant shall practice at the
standard of care within the scope of the physician assistant's
education, experience and competence.

[
B.
]
C.

A physician assistant practicing in
collaboration with [
a licensed physician
]
an appropriate health
care practitioner
shall, at a minimum, maintain a policy of
malpractice liability insurance that will qualify the physician
assistant under the provisions of the Medical Malpractice Act."

SECTION 5.
Section 61-6C-8 NMSA 1978 (being Laws 1973,
Chapter 361, Section 6, as amended) is amended to read:

"61-6C-8. SUPERVISING OR COLLABORATING LICENSED
PHYSICIAN--RESPONSIBILITY--
SUPERVISING PHYSICIAN ASSISTANT

RESPONSIBILITY
.--

A. As a condition of licensure, all physician
assistants practicing in New Mexico
who have fewer than four
thousand hours of clinical experience as a physician assistant

shall be supervised by a licensed physician
or other
appropriate health care practitioner
. The physician assistant
shall inform the board of the name of the licensed physician
or
other appropriate health care practitioner
under whose
supervision the physician assistant will practice. All
supervising physicians
or health care practitioners
shall be
licensed pursuant to the Medical Practice Act and approved by
the board.

B. Every licensed physician supervising a physician
assistant shall be individually responsible and liable for the
performance of the acts and omissions delegated to the
physician assistant the physician supervises. Nothing in this
section shall be construed to relieve the physician assistant
of responsibility and liability for the acts and omissions of
the physician assistant [
rules promulgated in accordance with
the State Rules Act pursuant to the Physician Assistant Act
shall:

(1) require that a physician assistant whose
practice is a specialty care, as defined by the board, shall be
supervised by a licensed physician in accordance with
requirements established by the board; and

(2) allow a physician assistant whose practice
is primary care, as defined by the board, to collaborate with a
licensed physician in accordance with requirements established
by the board for different practice settings.

C. A physician assistant shall be supervised by or
collaborate with a licensed physician in accordance with rules
adopted by the board
]."

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