A. As a condition of licensure, all physician assistants practicing in New Mexico shall be supervised by a physician licensed pursuant to the Medical Practice Act. The physician assistant shall inform the board of the name of the licensed physician under whose supervision the physician assistant will practice. All supervising physicians shall be licensed pursuant to the Medical Practice Act and shall be approved by the board.

B. Every licensed physician supervising a licensed physician assistant shall be individually responsible and liable for the performance of the acts and omissions delegated to the physician assistant the physician supervises. Nothing in this section shall be construed to relieve the physician assistant of responsibility and liability for the acts and omissions of the physician assistant. Rules promulgated pursuant to the Physician Assistant Act [61-6-7 to 61-6-10 NMSA 1978] shall:

(1) require that a physician assistant whose practice is a specialty care, as defined by the board, shall be supervised by a licensed physician in accordance with requirements established by the board; and

(2) allow a physician assistant whose practice is primary care, as defined by the board, to collaborate with a licensed physician in accordance with requirements established by the board for different practice settings.

C. A physician assistant shall be supervised by or collaborate with a physician in accordance with rules adopted by the board.

History: 1953 Comp., § 67-5-3.6, enacted by Laws 1973, ch. 361, § 6; 1978 Comp., § 61-6-9, recompiled as § 61-6-10 by Laws 1989, ch. 9, § 5; 1997, ch. 187, § 8; 2003, ch. 19, § 10; 2007, ch. 250, § 1; 2017, ch. 103, § 4.

Recompilations. — Laws 1989, ch. 269, § 7 recompiled former 61-6-10 NMSA 1978, relating to admission to examination, as 61-6-11 NMSA 1978, effective July 1, 1989.

Cross references. — For notice required upon employment of physician's assistant, see 61-14C-1 NMSA 1978.

The 2017 amendment, effective June 16, 2017, required physician assistants to inform the medical board, for board-approval, of the name of the licensed physician under whose supervision the physician assistant would practice, and required that all physician assistants in specialty care be supervised, but a physician assistant whose practice is primary care could be either in a supervisory or collaborative relationship with a licensed physician; in the catchline, added "or collaborating"; in Subsection A, after "New Mexico shall", deleted "inform the board of the name of the licensed physician under whose supervision they will practice. All supervising physicians shall be licensed under the Medical Practice Act and shall be approved by the board" and added the remainder of the subsection; in Subsection B, after the second occurrence of "physician assistant", added "the physician supervises", and added "Rules promulgated pursuant to the Physician Assistant Act shall", and added Paragraphs B(1) and B(2); and in Subsection C, after "supervised by", added "or collaborate with", and after "a physician", deleted "as approved" and added "in accordance with rules adopted".

The 2007 amendment, effective June 15, 2007, deleted the former Subsection C, limiting the number of assistants under the supervision of a licensed osteopathic physician, and added a new Subsection C.

The 2003 amendment, effective June 20, 2003, inserted "licensed" to the section heading; in Subsection A, substituted "of licensure" for "of biennial licensure and renewal of registration of supervision" near the beginning, inserted "name of the licensed" preceding "physician under whose"; in Subsection B, inserted "licensed" near the beginning, substituted "the acts and omissions of the physician assistant" for "any of his own acts and omissions" at the end; in Subsection C, substituted "A licensed physician shall not supervise" for "No physician may have under his supervision" at the beginning, and inserted "or for good cause shown" following "private charitable institutions".

The 1997 amendment, effective July 1, 1997, in Subsection A, substituted "biennial licensure and" for "registration and annual" and inserted "of supervision"; in Subsection B, deleted "using" preceding "supervising" and substituted "a licensed" for "or employing a registered"; and in Subsection C, deleted "currently registered" following "two" and substituted "that" for "which".

The 1989 amendment, effective March 4, 1989, renumbered this section, which formerly was 61-6-9 NMSA 1978; added "Supervising physician" at the beginning of the section heading; added Subsection A; designated the formerly undesignated first and second sentences as Subsection B; designated the formerly undesignated third sentence as Subsection C; and made minor stylistic changes throughout the section.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability to patient for results of medical or surgical treatment by one not licensed as required by law, 57 A.L.R. 978.

Release of one responsible for injury as affecting liability of physician or surgeon for negligent treatment of injury, 39 A.L.R.3d 260.

Joint and several liability of physicians whose independent negligence in treatment of patient causes indivisible injury, 9 A.L.R.5th 746.