SENATE BILL 282

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Gerald Ortiz y Pino

AN ACT

RELATING TO HEALTH; ESTABLISHING A PATIENT'S RIGHTS TO CERTAIN HEALTH CARE SERVICES; ESTABLISHING DAMAGES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] HOSPITALS--PROHIBITED ACTS--PATIENT PROTECTIONS.--

          A. Notwithstanding the provisions of any other state law, a hospital shall not:

                (1) refuse to provide a reproductive health service to a patient if withholding the reproductive health service would result in or prolong a serious risk to the patient's life or health; and

                (2) provided that a health care practitioner is acting in good faith and in accordance with generally accepted health care standards related to the health care practitioner, limit or otherwise interfere with a health care practitioner's independent professional judgment related to the provision of reproductive health services in any of the following ways:

                     (a) limiting the health care practitioner's duty to provide a patient with comprehensive, medically accurate information about the patient's health status, including diagnosis, prognosis, recommended treatment, treatment alternatives and any potential risks to the patient's health or life;

                     (b) limiting the health care practitioner's referrals for health care services;

                     (c) limiting the timing of a referral; and

                     (d) prohibiting the health care practitioner from offering or providing reproductive health services in cases where there is a serious risk to the patient's life or health or where a failure to provide the reproductive health service would violate the medical standard of care owed to the patient.

           B. A patient or health care practitioner who is aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction to enjoin further violations or to recover damages sustained by the patient or health care practitioner, or both.

          C. Upon finding a violation of this section, the aggrieved party shall be entitled to recover for each violation; provided that recovery shall be at least five thousand dollars ($5,000) per violation in addition to costs of the action and attorney fees:

                (1) injunctive relief or declaratory relief;

                (2) actual damages, including damages for pain and suffering;

                (3) treble damages;

                (4) reasonable attorney and expert witness fees and all other costs of the action; or

                (5) any other relief which the court deems proper.

          D. As used in this section:

                (1) "health care practitioner" means an individual who is licensed or otherwise authorized by the state to furnish health care services in the ordinary course of business and who is acting within the health care practitioner's authorized scope of practice;

                (2) "hospital" means a hospital that the department of health licenses pursuant to the Public Health Act and that provides emergency health care services;

                (3) "medically accurate information" means information that has been:

                     (a) verified or supported by the weight of peer-reviewed medical research conducted in compliance with accepted scientific methods;

                     (b) recognized as correct and objective by leading medical organizations with relevant expertise; or

                     (c) recommended by or affirmed in the medical practice guidelines of a nationally recognized accrediting organization; and

                (4) "reproductive health services" means contraception; termination of pregnancy; treatment of ectopic pregnancy; miscarriage management; assisted reproductive technology, including infertility treatment; screening and treatment of sexually transmitted infections and services related to human immunodeficiency virus and acquired immune deficiency syndrome; pregnancy and post-natal care; and sterilization.

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