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Legislative Corner

Update on 2019 Legislation from Linda Siegle

NMNPC recently scored a huge victory on one of our long sought-after practice issues – hospital privileges for NPs, CNSs and CNMs. This issue was a topic of discussion for many years and we introduced bills in legislative sessions for several years prior to 2019. During 2019 legislative session, Representative Joanne Ferrary of Las Cruces sponsored HB280 in the House and Senator Daniel Ivey Soto of Albuquerque shepherded the bill in the Senate. We succeeded in getting this bill passed and in having the governor sign it.

The bill explicitly requires health care facilities to establish the same criteria for granting patient admitting, discharge or ongoing patient care privileges for NPs as for physicians. Our legislation also states that a health facility “shall ensure” that NPs and others are 1) eligible to serve on the medical staff committees, 2) credentialed under the same procedures as physicians and 3) authorized to conduct peer review of their professional colleagues.

At the request of the New Mexico Hospital Association (NMHA), we made July 1, 2020 the effective date of the bill in order to enable hospitals and other health care facilities to make their bylaws and other policies compliant with the new requirements. NMNPC is currently working on sample bylaws to assist facilities with their changes. It appears that we’re the first state in the country to accomplish this with a mandate. Go New Mexico!

The legislature also passed another significant bill in 2019. Senator Bill Soules sponsored SB221 and the governor signed it. This bill states that:

A health care provider who prescribes, distributes or dispenses an opioid analgesic for the first time to a patient shall advise the patient on the risks of overdose and inform the patient of the availability of an opioid antagonist. With respect to a patient to whom an opioid analgesic has previously been prescribed, distributed or dispensed by the health care provider, the health care provider shall advise the patient on the risks of overdose and inform the patient of the availability of an opioid antagonist on the first occasion that the health care provider prescribes, distributes or dispenses an opioid analgesic each calendar year.

SB221 also requires providers who prescribe an opioid analgesic to co-prescribe an opioid antagonist if the prescription is for a supply of 5 days or more. There is no other exemption in this requirement to co-prescribe an opioid antagonist.

The bill additionally states that:

The prescription for the opioid antagonist shall be accompanied by written information regarding the temporary effects of the opioid antagonist and techniques for administering the opioid antagonist. That written information shall contain a warning that a person administering the opioid antagonist should call 911 immediately after administering the opioid antagonist.

Download a summary of the new requirements here.

This last requirement created a problem that we’ll need to address during the next legislative session. The purpose of the requirement was to assure that someone on the street would be aware of the overdosed person’s need for immediate follow up care due to the temporary effect of the opioid antagonist. Unfortunately, none of us realized how this requirement would impact facilities.

Legislative Issues & Concerns
APRN Compact

The APRN Compact proposed by the National Council of State Boards of Nursing (NCSBN) presents significant issues for NPs and other APRNs in New Mexico. The NMNPC Board of Directors worked with our lobbyist, Linda Siegle, to analyze the Compact and present the key problems identified. Click below to read the final proposed Compact and the NMNPC analysis.

American Association of Nurse Practitioners

Go to the AANP Advocacy Center for more information & to take action on the following current issues.

  • S296 & HR2150: Home Health Care Planning Improvement Act of 2019
  • S237 & HR808: Promoting Access to Diabetic Shoes Act


Newsletter 2019 Q3

Click below to read the latest issue.

Research Findings on Effect of ACA Released at American Society of Clinical Oncology Conference
  • Increased access to care
  • Decreased racial disparities
  • Earlier diagnosis & treatment in cancer


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