2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 6D - Anesthesiologist Assistants › Section 61-6D-8 - Rules.

A. The board may adopt in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] and enforce in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978] reasonable rules:
(1) for setting qualifications of education, skill and experience for licensure of a person as an anesthesiologist assistant;
(2) for providing procedures and forms for licensure and annual registration;
(3) for examining and evaluating applicants for licensure as an anesthesiologist assistant regarding the required skill, knowledge and experience in developing and implementing anesthesia care plans under supervision;
(4) for allowing a supervising anesthesiologist to temporarily delegate supervisory responsibilities for an anesthesiologist assistant to another anesthesiologist;
(5) for allowing an anesthesiologist assistant to temporarily serve under the supervision of an anesthesiologist other than the supervising anesthesiologist with whom the anesthesiologist assistant is registered; and
(6) to carry out the provisions of the Anesthesiologist Assistants Act [61-6-10.1 to 61-6-10.10 NMSA 1978].
B. The board shall not adopt a rule allowing an anesthesiologist assistant to perform procedures outside the anesthesiologist assistant's scope of practice.
C. The board shall adopt rules:
(1) establishing requirements for anesthesiologist assistant licensing, including:
(a) completion of a graduate level training program accredited by the commission on accreditation of allied health education programs;
(b) successful completion of a certifying examination for anesthesiologist assistants administered by the national commission for the certification of anesthesiologist assistants; and
(c) current certification by the American heart association in advanced cardiac life-support techniques;
(2) establishing minimum requirements for continuing education of not less than forty hours every two years;
(3) requiring adequate identification of the anesthesiologist assistant to patients and others;
(4) requiring the presence, except in cases of emergency, and the documentation of the presence, of the supervising anesthesiologist in the operating room during induction of a general anesthetic and during emergence from a general anesthetic, the presence of the supervising anesthesiologist within the operating suite and immediate availability to the operating room at other times when the anesthetic procedure is being performed and requiring that the anesthesiologist assistant comply with the above restrictions;
(5) requiring the supervising anesthesiologist to ensure that all activities, functions, services and treatment measures are properly documented in written form by the anesthesiologist assistant. The anesthesia record shall be reviewed, countersigned and dated by the supervising anesthesiologist;
(6) requiring the anesthesiologist assistant to inform the supervising anesthesiologist of serious adverse events;
(7) establishing that the number of anesthesiologist assistants a supervising anesthesiologist may supervise at one time, except in emergency cases, shall not exceed four anesthesiologist assistants; and
(8) within twelve months of the date on which the Anesthesiologist Assistants Act becomes effective, providing for enhanced supervision at the commencement of an anesthesiologist assistant's practice.
History:
Laws 2001, ch. 311, § 9; 2003, ch. 302, § 3; 2015, ch. 52, § 2; 1978 Comp., § 61-6-10.9, recompiled and amended as § 61-6D-8 by Laws 2022, ch. 39, § 36; 2023, ch. 91, § 2.
ANNOTATIONS
Recompilations.
— Laws 2022, ch. 39, § 36 recompiled and amended former 61-6-10.9 NMSA 1978 as 61-6D-8 NMSA 1978, effective May 18, 2022.
The 2023 amendment,
effective June 16, 2023, revised practice requirements for anesthesiologist assistants; and in Subsection C, Paragraph C(4), after "general", deleted "or regional", in Paragraph C(7), after "establishing", deleted "with respect to practice outside of a university in New Mexico with a medical school", and deleted former Paragraph C(8), which related to limitations on the number of anesthesia providers an anesthesiologist may supervise, and redesignated former Paragraph C(9) as Paragraph C(8).
The 2022 amendment,
effective May 18, 2022, clarified that the New Mexico medical board is required to follow the provisions of the State Rules Act when promulgating rules and the provisions of the Uniform Licensing Act when enforcing those rules; and in Subsection A, after "The board may adopt", added "in accordance with the State Rules Act", and after "and enforce", added "in accordance with the Uniform Licensing Act".
The 2015 amendment,
effective July 1, 2015, required the New Mexico medical board to adopt and enforce additional rules relating to anesthesiologist assistants; in Subsection A, Paragraph (4), after "delegate", deleted "his"; in Subsection C, Paragraph (7), after "establishing", added "with respect to practice outside of a university in New Mexico with a medical school, that", after "time", deleted "which number", and after "three", added "anesthesiologist assistants"; designated the last sentence in Paragraph (7) of Subsection C as Paragraph (8) of Subsection C; redesignated the succeeding paragraph accordingly; and in Subsection C, Paragraph (8), after "(8)", added "establishing, with respect to practice at a university in New Mexico with a medical school, that".
The 2003 amendment,
effective June 20, 2003, in Paragraph C(7) substituted "three" for "two" following "shall not exceed" at the end of the first sentence, and substituted "four" for "three" following "more than" near the middle of the second sentence.