SCOPE OF PRACTICE ADVISORY COMMITTEE

HB0277

HOUSE BILL 277

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

INTRODUCED BY

Nicole Chavez

AN ACT

RELATING TO LICENSURE; CREATING THE SCOPE OF PRACTICE ADVISORY
COMMITTEE TO RECEIVE AND EVALUATE PROPOSED CHANGES TO HEALTH
CARE PROFESSION SCOPES OF PRACTICE; MAKING AN APPROPRIATION.

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

SECTION 1.
[
NEW MATERIAL
] SHORT TITLE.--This act may be
cited as the "Scope of Practice Act".

SECTION 2.
[
NEW MATERIAL
] DEFINITIONS.--As used in the
Scope of Practice Act:

A. "committee" means the scope of practice advisory
committee;

B. "health care profession" means a health-related
occupation conducted pursuant to the provisions of Chapter 61,
Articles 2, 3, 3B, 4, 5A, 6, 6A, 6B, 6C, 6D, 7A, 8, 9, 9A, 11,
12A, 12B, 12C, 12D, 12F, 12G, 14A, 14B, 14D, 14E and 31 NMSA
1978;

C. "licensing board" means a licensing board of a
specific health care profession; and

D. "scope of practice" means the parameters within
which a health care professional practices based upon
education, experience, licensure, certification and expertise.

SECTION 3.
[
NEW MATERIAL
] SCOPE OF PRACTICE ADVISORY
COMMITTEE CREATED.--

A. The "scope of practice advisory committee" is
created and is administratively attached to the department of
health.

B. The committee consists of the following nine
members:

(1) four members appointed by the governor as
follows; provided that no more than two of the members
appointed pursuant to this paragraph may be members from the
same political party:

(a) two members who are physicians
licensed to practice in the state and have supervisory or team-
based experience, one of whom holds a medical degree and one of
whom holds a doctor of osteopathic medicine degree;

(b) one member who is an active faculty
member at the university of New Mexico health sciences center
and has expertise in evidence review, outcomes research and
health economics; and

(c) one member who is an attorney
licensed to practice in the state with experience representing
patients in claims or proceedings involving health care
quality, negligence or professional accountability;

(2) four members appointed by the New Mexico
legislative council as follows; provided that no more than two
of the members appointed pursuant to this paragraph may be
members from the same political party:

(a) two members who are health care
professionals licensed or certified to practice in the state
and have experience practicing in a team-based care model; and

(b) two members who shall represent the
interests of health care consumers and who have experience
advocating on behalf of consumers or the public interest in
matters related to patient safety, health care quality or
professional accountability; provided that these members shall
not be employed by, under contract with or otherwise represent
a health care licensing board or a professional association
that advocates for scope of practice expansions; and

(3) the secretary of health or the secretary's
designee.

C. Appointed committee members shall be appointed
for staggered terms of four years beginning July 1, 2026. The
initial members appointed by the New Mexico legislative council
shall serve an initial term of four years. Members appointed
by the governor shall serve an initial term of two years.

D. The committee may hire staff as necessary to
enable the committee to carry out the committee's duties
pursuant to the provisions of the Scope of Practice Act.

E. The committee shall meet as necessary to carry
out the committee's duties pursuant to the provisions of the
Scope of Practice Act. Appointed committee members are
entitled to receive per diem and mileage as provided in the Per
Diem and Mileage Act and shall receive no other compensation,
perquisite or allowance.

SECTION 4.
[
NEW MATERIAL
] PROPOSED SCOPE OF PRACTICE
CHANGE--COMMITTEE DUTIES.--

A. A licensing board or legislator may submit to
the committee a written request to review a proposed change to
a scope of practice. The request shall include:

(1) a clear description of the proposed
change;

(2) evidence-based support for the proposed
change; and

(3) anticipated impacts on patient safety,
health care access and health care costs.

B. Within ten days of receipt of the request, the
committee or the committee's staff shall review the request to
verify that the request satisfies the requirements of Subsection
A of this section.

C. If a request is satisfactory, the committee shall
post a copy of the request to the committee's website and hold a
public hearing pursuant to the provisions of the Open Meetings
Act within sixty days of receipt of the request to evaluate the
request. The evaluation shall consider:

(1) patient safety and quality of health care,
including the potential harm or benefit to the health, safety or
welfare of consumers;

(2) education, training and competency of the
health care workforce, including whether the education and
clinical training required for the proposed scope of practice is
sufficient for safe and effective health care services;

(3) required supervision and accountability,
including whether physician-led or physician-supervised care is
necessary to ensure safe practice;

(4) access to health care, including the
expected impact on access to health care services in rural or
underserved areas;

(5) the cost of health care;

(6) health care workforce development,
including alignment with the state's health care workforce
training, recruitment and retention needs;

(7) regulatory consistency, including whether
the proposed scope of practice would create conflicts with
existing statutes or rules; and

(8) the standards and recommendations of
national health care accrediting bodies and professional
associations.

D. The committee shall invite pertinent licensing
boards, professional associations and patient advocates to a
public hearing conducted pursuant to the provisions of the Scope
of Practice Act. The committee shall accept written input from
the public regarding a proposed change to a scope of practice.

E. The committee shall take a final vote on every
proposed scope of practice change evaluated at a public hearing.
The committee may vote to endorse, modify or reject a proposed
scope of practice change.

F. Within thirty days of the committee's vote, the
committee shall develop a report detailing the committee's
decision on a proposed scope of practice change. The report
shall:

(1) be posted on the committee's website and
shall be provided to the legislature, the governor and the
pertinent licensing boards;

(2) include copies of any documents reviewed
during the committee's deliberation;

(3) include a summary of the opinions that
committee members expressed during deliberation; and

(4) include a record of each committee
member's vote on the proposal.

SECTION 5.
APPROPRIATION.--Two hundred thousand dollars
($200,000) is appropriated from the general fund to the
department of health for expenditure in fiscal year 2027 to
carry out the purposes of the Scope of Practice Act. Any
unexpended balance remaining at the end of fiscal year 2027
shall revert to the general fund.

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