TITLE 7 HEALTH
CHAPTER 1 HEALTH
GENERAL PROVISIONS
PART 26 VOLUNTEER
HEALTH CARE PROVIDER TORT COVERAGE PROGRAM
7.1.26.1 ISSUING
AGENCY: New Mexico Department of Health.
[7.1.26.1 NMAC - N,
2/15/2008]
7.1.26.2 SCOPE: This
rule applies to all health care providers with no liability insurance licensed
within New Mexico who render voluntary health care services without
compensation under the auspices of a registered health care agency or
organization.
[7.1.26.2 NMAC - N,
2/15/2008]
7.1.26.3 STATUTORY
AUTHORITY: NMSA 1978 Section
41-4-3 F (16).
[7.1.26.3 NMAC - N,
2/15/2008]
7.1.26.4 DURATION:
Permanent.
[7.1.26.4 NMAC - N,
2/15/2008]
7.1.26.5 EFFECTIVE
DATE: 02/15/2008, unless a later date is cited in
the history note at the end of a section.
[7.1.26.5 NMAC - N,
2/15/2008]
7.1.26.6 OBJECTIVE: The
purpose of this rule is to provide guidance for the registration and
administration of eligible licensed New Mexico health care providers with no
liability insurance who will serve without compensation, and the eligible
agencies who seek their health care services.
[7.1.26.6 NMAC - N,
2/15/2008]
7.1.26.7 DEFINITIONS:
A. “Licensed health care provider” defined as a health care provider licensed
to practice in the state of New Mexico or a health care provider in federal
service with a license issued in another state, including the following
professional disciplines:
(1) optometrists;
(2) chiropractic
physicians;
(3) dentists;
(4) physicians;
(5) podiatrists;
(6) osteopathic
physicians;
(7) physician
assistants;
(8) certified
nurse practitioners;
(9) physical
therapists;
(10) occupational
therapists;
(11) speech-language
pathologists;
(12) doctors
of oriental medicine;
(13) nutritionists;
(14) psychologists;
(15) certified
nurse-midwives;
(16) clinical
nurse specialists;
(17) registered nurses;
(18) dental
hygienists;
(19) pharmacists;
(20) athletic
trainers;
(21) anesthesiologist
assistants.
B. “Voluntary health care services” defined as health care services delivered by
a health care provider without compensation to that provider. Reimbursement of
reasonable travel, meal, or lodging expenses is not considered compensation.
C. “Secretary” defined as secretary of health.
[7.1.26.7 NMAC - N,
2/15/2008]
7.1.26.8 REGISTRATION
OF ELIGIBLE HEALTH CARE AGENCIES AND ORGANIZATIONS:
A. Registration requirements - all health care agencies and organizations
seeking to participate in the program must apply to the New Mexico department
of health, epidemiology and response division and be approved and registered in
the program.
B. Term
of approval - successful applicants will be approved for participation in the
program for a term to be established by the New Mexico department of health.
Successful applicants will be notified of the approval of their participation
in the program and be provided an indication of the term of that approval.
C. Termination
of approval - the New Mexico department of health shall at its discretion
terminate a registered agency or organization’s participation in the program.
The registered agency or organization will be notified of any termination
decision.
D. Registered
health care providers participating in the program may provide voluntary health
care services at locations operated or sponsored by registered agencies and
organizations including:
(1) public
health offices operated by the New Mexico department of health;
(2) public
health contractors of the New Mexico department of health including:
(a) family
planning contractors;
(b)
oral health service providers;
(c)
human immunodeficiency virus (HIV) and acquired
immune deficiency syndrome (AIDS) service providers;
(3) community-based
primary care centers licensed by the New Mexico department of health;
(4) school-based health
centers;
(5) emergency
medical services licensed by the state of New Mexico;
(6) Indian health
services and tribal health services;
(7) other
health programs operated by the New Mexico department of health;
(8) other
locations and volunteer opportunities as recognized by the New Mexico
department of health;
(9) mobile
and portable outreach and extension efforts sponsored by registered agency,
organization, or program including:
(a) health fairs;
(b)
head start - school outreach.
[7.1.26.8 NMAC - N,
2/15/2008]
7.1.26.9 REGISTRATION
OF ELIGIBLE HEALTH CARE PROVIDERS:
A. Eligible health care providers - all licensed health care providers with
no liability insurance who seek to render voluntary health care services
without compensation under the auspices of a registered health care agency or
organization are eligible to apply for participation in the program.
B. Registration
requirements - all health care providers seeking to participate in the program
must apply to the New Mexico department of health, epidemiology and response
division and be approved and registered in the program.
C. Term
of approval - successful applicants will be approved for participation in the
program for a term to be established by the New Mexico department of health.
Successful applicants will be notified of the approval of their participation
in the program and be provided an indication of the term of that approval.
D. Termination
of approval - the New Mexico department of health shall at its discretion
terminate a registered health care provider’s participation in the program. The
registered health care provider will be notified of any termination decision.
E. Scope
of practice - all state registered health care providers participating in the
volunteer health care provider program (program) are limited to the practice
permitted under each provider’s licensure in the state of New Mexico.
[7.1.26.9 NMAC - N,
02/15/2008]
7.1.26.10 RECONSIDERATION:
Reconsideration - the secretary may, at his discretion, reconsider the
application of any eligible health care provider or of any eligible health care
agency or organization that is denied approval for participation in the program.
[7.1.26.10 NMAC - N,
2/15/2008]
7.1.26.11 MEASURES
TO ENSURE QUALITY OF CARE:
A. Credentialing
- before an eligible health care provider is approved and registered in the
program, a review of the applicant’s licensing and credentialing will be conducted.
Only applicants who have successfully passed this review will be approved for
participation in the program.
B. Supervision
- where a volunteer health care provider’s professional license requires
specific supervision or professional consultation, the eligible health care
organization or agency must demonstrate that adequate arrangements for
supervision or professional consultation are in place at the location of
volunteer service.
C. Service
protocols - an eligible health care organization or agency must demonstrate
that there are service protocols in place for any service that is to be
provided by volunteers participating in the program. All participating
volunteers must comply with this guidance.
D. Facility
license - when volunteer health care providers participating in the program are
providing health care in a licensed health facility, the services provided must
be in accordance with the limits imposed by the facility’s license.
E. Extension
and outreach events and non-licensed locations - when eligible voluntary health
care services are provided at an outreach, extension, or other non-licensed
location, these services must be provided in a manner permissible under New
Mexico law.
[7.1.26.11 NMAC - N,
2/15/2008]
HISTORY OF 7.1.26 NMAC: [RESERVED]