HOUSE BILL 366

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Gail Armstrong and Linda M. Trujillo

 

 

 

 

 

AN ACT

RELATING TO EMPLOYMENT; INCLUDING VETERINARIANS IN THE DEFINITION OF "HEALTH CARE PRACTITIONER" FOR THE PURPOSE OF MAKING CERTAIN PROVISIONS IN HEALTH CARE PRACTITIONER AGREEMENTS VOID, UNENFORCEABLE AND AGAINST PUBLIC POLICY.

 

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

     SECTION 1. Section 24A-4-1 NMSA 1978 (being Laws 2015, Chapter 96, Section 1, as amended) is amended to read:

     "24A-4-1. DEFINITIONS.--As used in [Chapter 24, Article 1I] Chapter 24A, Article 4 NMSA 1978:

          A. "agreement" means a written contract to which a health care practitioner is a party; and

          B. "health care practitioner" means:

                (1) a dentist;

                (2) an osteopathic physician;

                (3) a physician;

                (4) a [podiatrist] podiatric physician;

                (5) a certified registered nurse anesthetist;

                (6) a certified nurse practitioner;

                (7) a certified nurse-midwife;

                (8) a psychologist;

                (9) a physician assistant; [and]

                (10) a pharmacist; and

                (11) a veterinarian."

     SECTION 2. Section 24A-4-5 NMSA 1978 (being Laws 2015, Chapter 96, Section 5, as amended) is amended to read:

     "24A-4-5. APPLICABILITY.--

          A. Chapter [24] 24A, Article [1I] 4 NMSA 1978 does not apply to agreements between health care practitioners who are shareholders, owners, partners or directors of a health care practice.

          B. Except as provided by Subsections C [and D] through E of this section, the provisions of Chapter [24] 24A, Article [1I] 4 NMSA 1978 apply to agreements, or renewals or extensions of agreements, executed on or after July 1, 2015.

          C. The provisions of Subsection B of Section [24-1I-2] 24A-4-2 NMSA 1978 apply to agreements, or renewals or extensions of agreements, executed on or after April 6, 2017.

          D. For psychologists, physician assistants and pharmacists, the provisions of Chapter [24] 24A, Article [1I] 4 NMSA 1978 apply to agreements, or renewals or extensions of agreements, executed on or after [the effective date of this 2023 act] April 4, 2023.

          E. For veterinarians, the provisions of Chapter 24A, Article 4 NMSA 1978 apply to agreements or renewals or extensions of agreements executed on or after the effective date of this 2025 act."

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