Healthcare Workforce Expansion & Protections during COVID-19 Public Health Emergency

The MAT relies on national standards and exisiting practices, amending them to meet the specific needs of New Mexico when appropriate. For example, the U.S. Institute of Medicine (IOM) has outlined a framework for public health emergency and/or disaster response by identifying existing state, local, and federal practices, policies and protocols for Crisis Standards of Care. The IOM guidance also describes barriers to increased provider and community engagement and provides examples of existing interstate collaborations.

Supplementing the IOM’s foundational document is the New Mexico Crisis Standards of Care Plan published by the DOH. It describes the State’s approach for a Public Health Emergency response using IOM principles, establishes the MAT, and addresses ethical issues of scarcity.

NM Healthcare Licensure Boards Actions

Identifying ways to increase healthcare workforce capacity throughout the State during the COVID-19 pandemic is paramount. Several healthcare licensure boards have taken actions to clarify rules and regulations governing the scope of practice for providers during the Public Health Emergency (PHE), including occasions when providers may be asked to serve outside normal and customary clinical privileges. A summary of board actions is below, more information can be found at the links below.

On December 3, 2020, the NM Medical Board approved: 

Board Resolution stating that for the duration of the PHE, it shall not be considered a violation of any applicable rule or regulation governing the scope of practice for physicians and surgeons, physicians assistants, anesthesia assistants and physician pharmacist clinician supervisors for unprofessional conduct, for the organized medical staff, acting by and through its medical staff executive committee, to authorize and direct the physicians and surgeons, physicians assistants and anesthesia assistants, and physician pharmacist clinician supervisors to serve as COVID-19 Providers and provide health care services to all patients of the hospital where they serve even though the provision of those services may be outside the normal and customary clinical privileges granted to each such COVID-19 Provider…. To the extent that the persons and healthcare facilities designated or listed as “COVID-19 Providers” adopt or implement the Crisis Standards of Care, such Crisis Standards of Care can and should be considered by the providers and healthcare facilities designated as “COVID-19 Providers” as “generally accepted health-care standards.

On December 8, 2020, the NM Board of Pharmacy approved:

• Board Resolution to allow pharmacists and pharmacist clinicians to provide care for hospitalized patients within the scope of practice for their license during the declared public health emergency due to COVID-19.
• Pharmacist Clinician protocol for treatment of hospitalized patients during the declared public health emergency due to COVID-19  A pharmacist clinician with an existing license may submit the protocol and be granted temporary approval to practice under the protocol.
• A UNM request whereby pharmacist interns may administer COVID-19 vaccine under the supervision of a physician or nurse practitioner (UNM vaccine clinics), when a pharmacist preceptor is not available.

On December 10, 2020, the NM Board of Nursing approved:

Board Resolution stating that for the duration of the PHE, it shall not be considered a violation of any applicable rule or regulation governing the scope of practice for nursing or unprofessional conduct for the organized health care staff, acting by and through its medical staff executive committee, to authorize and direct the certified nurse practitioners, certified registered nurse anesthetists, clinical nurse specialists, registered nurses, and licensed practical nurses to serve as COVID-19 providers and provide health care services to all patients of the hospital where they serve even though the provision of those services may be outside of each such COVID-19 provider’s normal practice or customary clinical privileges…. To extent that the persons and health facilities designated or listed as “COVID-19 providers” determine to adopt or implement the Crisis Standards of Care, such Crisis Standards of Care can and should be considered by such providers and health facilities designated as COVID-19 providers as “generally accepted healthcare standards” for purposes of the New Mexico Uniform Health-Care Decisions Act, NMSA 1978, Sections 24-7A-9 & 24-7A-13D.

On December 14, 2020, the NM Board of Osteopathic Medicine approved:

Board Resolution stating that for the duration of the PHE, it shall not be considered a violation of any applicable rule or regulation governing the scope of practice for osteopathic doctors or unprofessional conduct, for the organized medical staff, acting by and through its medical staff executive committee, to authorize and direct the osteopathic doctors to serve as COVID-19 Credentialed Physicians, as defined by Executive Order 2020-083, and provide health care services to all patients of the hospital where they serve even though the provision of those services may be outside the normal and customary clinical privileges granted to each such COVID-19 Credentialed Physician…. To extent that persons and health facilities designated or listed as “COVID-19 Credentialed Physicians” determine to adopt or implement the Crisis Standards of Care, such Crisis Standards of Care can and should be considered by such providers and health facilities designated as “COVID-19 Credentialed Physicians” as “generally accepted health-care standards” for purposes of the New Mexico Uniform Health-Care Decisions Act, NMSA 1978, §§ 24-7A-9 & 24-7A-13D.