House Bill 247

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Health Care Practitioner Transparency Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Health Care Practitioner Transparency Act:

          A. "advertisement" means any communication or statement disseminated to the general public or to other health care practitioners that names a health care practitioner or the practice, profession or institution in which the practitioner is employed, volunteers or otherwise provides health care services;

          B. "clinical setting" means a location, whether physical or virtual, in which a person is evaluated, diagnosed, counseled or treated for a disease, defect or injury by a health care practitioner;

          C. "deceptive or misleading terms or false representations" means the use of titles, terms or other words that misstate, falsely describe, falsely hold out, falsely detail or falsely imply the health care practitioner's:

                (1) profession;

                (2) skills;

                (3) training;

                (4) expertise;

                (5) educational degree;

                (6) board certification;

                (7) licensure;

                (8) work or services offered; or

                (9) medical field, if the practitioner is not a physician licensed pursuant to Section 61-6-11 NMSA 1978;

          D. "health care practice or facility" means a hospital, outpatient practice setting, nursing home, assisted living community or personal care home;

          E. "health care practitioner" means a state-licensed:

                (1) chiropractic physician;

                (2) professional counselor, social worker or marriage and family therapist;

                (3) dentist;

                (4) dietitian;

                (5) advanced practice registered nurse, including nurse practitioner, certified registered nurse anesthetist, certified nurse midwife, clinical nurse specialist, registered professional nurse or licensed practical nurse;

                (6) occupational therapist;

                (7) optometrist;

                (8) physical therapist;

                (9) allopathic physician or osteopathic physician;

                (10) physician assistant;

                (11) acupuncturist;

                (12) podiatric physician;

                (13) psychologist;

                (14) audiologist or speech-language pathologist;

                (15) pharmacist;

                (16) ophthalmic technician;

                (17) medical assistant or certified nursing assistant; or

                (18) respiratory care professional;

          F. "identifier" means a physical credential that identifies the person wearing it; and

          G. "medical title" means a title that originates from or is a derivation of specialty or subspecialty training or certification attained through completion of nationally accredited medical education culminating in a doctor of medicine or doctor of osteopathic medicine degree or completion of a physician internship, residency or fellowship training program.

     SECTION 3. [NEW MATERIAL] HEALTH CARE PRACTITIONER ADVERTISING GUIDELINES.--

          A. An advertisement by a health care practitioner shall include the practitioner's name and, in regard to the practitioner's license, disclose the type of license under which the health care practitioner is authorized to provide services.

          B. An advertisement by a health care practitioner shall not:

                (1) include deceptive or misleading terms or false representations; or

                (2) include or reference a medical title unless the health care practitioner is a physician.

          C. A health care practitioner in a health care practice or facility other than a hospital shall display in the reception area of the practitioner's practice or facility where the health care practitioner provides service an advertisement that clearly identifies the type of health care practitioners working in the practice or facility and the right of a patient to inquire as to the type of license of the health care practitioner treating the patient. The advertisement shall be of a sufficient size that it is visible and apparent to all current and prospective patients.

          D. This section shall not be construed to require a health care practice or facility in which multiple health care practitioners are working to list in an advertisement the name of every health care practitioner employed by the practice or

     SECTION 4. [NEW MATERIAL] HEALTH CARE PRACTITIONER IDENTIFIERS.--

          A. A health care practice or facility shall conspicuously display and clearly communicate the licensure of each health care provider providing services at the practice or facility to all current and prospective patients, as follows:

                (1) each health care practitioner shall wear an identifier during all patient encounters that shall include:

                     (a) the health care practitioner's name; and

                     (b) the type of license and educational degree the health care practitioner holds;

                (2) the identifier shall be of sufficient size and worn in a conspicuous manner in order to be visible and apparent;

                (3) an identifier shall not be required in an operating room or other setting where maintaining a sterile environment is medically necessary;

                (4) an identifier shall not be required in a mental health setting where it would impede the psychotherapeutic relationship; and

                (5) if a safety or health risk to the health care practitioner or a patient would be created as a result of the health care practitioner wearing an identifier, an identifier shall not be required or may be modified by omitting or concealing the last name of the health care practitioner.

          B. An advanced practice registered nurse shall verbally identify as an advanced practice registered nurse during each initial patient interaction in a clinical setting. An advanced practice registered nurse who holds a doctorate degree and identifies with the title "doctor" while in a clinical setting shall clearly state that the title does not refer to the advanced practice registered nurse as being a medical doctor or physician.

          C. A physician assistant shall verbally identify as a physician assistant during each initial patient interaction in a clinical setting. A physician assistant who holds a doctorate degree and identifies with the title "doctor" while in a clinical setting shall clearly state that the title does not refer to the physician assistant as being a medical doctor or physician.

          D. No health care practitioner shall identify in a clinical setting using:

                (1) deceptive or misleading terms or false representations; or

                (2) a medical title, unless the health care practitioner is a licensed medical doctor or physician.

          E. A health care practitioner who practices in a nonpatient care setting and who does not have direct patient care interactions shall not be subject to the provisions of Subsections A through D of this section.

          F. A health care practice or facility that requires, as of the effective date of the Health Care Practitioner Transparency Act, its health care practitioners to wear an identification badge shall not be required to replace existing badges to conform with the requirements of Subsections A through D of this section.

          G. Subsections A through D of this section shall only apply to a dentist, chiropractic physician or optometrist if the dentist, chiropractic physician or optometrist is practicing in a hospital, nursing home, assisted living community or personal care home.

     SECTION 5. [NEW MATERIAL] PENALTIES--NO PRIVATE CAUSE OF ACTION--LIMITATION.--Nothing in the Health Care Practitioner Transparency Act shall be construed to:

          A. create or imply a private cause of action for violation of that act; or

          B. prevent a health care practitioner from using or advertising a title that is statutorily authorized for the health care practitioner pursuant to the statutes under which the health care practitioner is licensed.

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