§ 61-6B-2 — Definitions

As used in the Polysomnography Practice Act: A. "board" means the New Mexico medical board; B. "committee" means the polysomnography practice advisory committee; C. "direct supervision" means that the polysomnographic technologist providing supervision shall be present in the area where the polysomnographic procedure is being performed and immediately available to furnish assistance and direction throughout the performance of the procedure; D. "general supervision" means that the polysomnographic procedure is provided under a physician's direction and control, but the physician's presence is not required during the performance of the procedure; E. "license" means an authorization issued by the board that permits a person to engage in the practice of polysomnography in the state; F. "licensed provider" means a licensed physician, licensed physician assistant, licensed certified nurse practitioner or licensed psychologist; G. "licensee" means a person licensed by the board to engage in the practice of polysomnography; H. "polysomnographic student" means a person who is enrolled in an educational program that is accredited by the commission on accreditation of allied health education programs, as provided in Section 5 [61-6B-5 NMSA 1978] of the Polysomnography Practice Act, and who may provide sleep-related services under the direct supervision of a polysomnographic technologist as a part of the person's educational program; I. "polysomnographic technician" means a person who has graduated from an accredited educational program described in Section 5 of the Polysomnography Practice Act but has not yet passed the national certifying examination given by the board of registered polysomnographic technologists, who has obtained a temporary permit from the board and who may provide sleep-related services under the general supervision of a licensed physician; J. "polysomnographic technologist" means a person who is credentialed by the board of registered polysomnographic technologists and is licensed by the board to engage in the practice of polysomnography under the general supervision of a licensed physician; K. "polysomnographic trainee" means a person who is enrolled in an accredited sleep technologist educational program that is accredited by the American academy of sleep medicine and who may provide sleep-related services under the direct supervision of a polysomnographic technologist as a part of the person's educational program; L. "practice of polysomnography" means the performance of diagnostic and therapeutic tasks, under the general supervision of a licensed physician, including: (1) monitoring and recording physiologic activity and data during the evaluation or treatment of sleep-related disorders, including sleep-related respiratory disturbances, by applying appropriate techniques, equipment and procedures, including: (a) continuous or bi-level positive airway pressure titration on patients using a nasal or oral or a nasal and oral mask or appliance that does not extend into the trachea or attach to an artificial airway, including the fitting and selection of a mask or appliance and the selection and implementation of treatment settings; (b) supplemental low-flow oxygen therapy that is less than ten liters per minute using nasal cannula or continuous or bi-level positive airway pressure during a polysomnogram; (c) capnography during a polysomnogram; (d) cardiopulmonary resuscitation; (e) pulse oximetry; (f) gastroesophageal pH monitoring; (g) esophageal pressure monitoring; (h) sleep staging, including surface electroencephalography, surface electrooculography and surface submental electromyography; (i) surface electromyography; (j) electrocardiography; (k) respiratory effort monitoring, including thoracic and abdominal movement; (l) respiratory plethysmography; (m)arterial tonometry and additional measures of autonomic nervous system tone; (n) snore monitoring; (o) audio or video monitoring; (p) body movement monitoring; (q) nocturnal penile tumescence monitoring; (r) nasal and oral airflow monitoring; (s) body temperature monitoring; and (t) use of additional sleep-related diagnostic technologies as determined by a rule adopted by the board; (2) observing and monitoring physical signs and symptoms, general behavior and general physical response to polysomnographic evaluation or treatment and determining whether initiation, modification or discontinuation of a treatment regimen is warranted; (3) analyzing and scoring data collected during the monitoring described in Paragraphs (1) and (2) of this subsection for the purpose of assisting a licensed provider in the diagnosis and treatment of sleep and wake disorders that result from developmental defects, the aging process, physical injury, disease or actual or anticipated somatic dysfunction; (4) implementing a written or verbal order from a licensed provider that requires the practice of polysomnography; (5) educating a patient regarding the treatment regimen that assists that patient in improving the patient's sleep; and (6) initiating and monitoring treatment, under the orders of a licensed provider, for sleep-related breathing disorders by providing continuous positive airway pressure and bi-level positive airway pressure devices and accessories, including masks that do not extend into the trachea or attach to an artificial airway, to a patient for home use, together with educating the patient about the treatment and managing the treatment; and M. "sleep-related services" means acts performed by polysomnographic technicians, polysomnographic trainees, polysomnographic students and other persons permitted to perform these services under the Polysomnography Practice Act, in a setting described in Subsection D of Section 4 [61-6B-4 NMSA 1978] of the Polysomnography Practice Act, that would be considered the practice of polysomnography if performed by a polysomnographic technologist.

Legislative History

Laws 2008, ch. 54, § 2.