HOUSE BILL 543

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

INTRODUCED BY

Rod Montoya and Harlan Vincent and Jenifer Jones

 

 

 

 

 

AN ACT

RELATING TO HEALTH CARE; CLARIFYING CONSENT REQUIREMENTS FOR MINORS RECEIVING HEALTH CARE.

 

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

     SECTION 1. Section 24-34-2 NMSA 1978 (being Laws 2023, Chapter 11, Section 2) is amended to read:

     "24-34-2. DEFINITIONS.--As used in the Reproductive and Gender-Affirming Health Care Freedom Act:

          A. "gender-affirming health care" means psychological, behavioral, surgical, pharmaceutical and medical care, services and supplies provided to support a person's gender identity;

          B. "minor" means an individual who is under eighteen years of age;

          [B.] C. "public body" means a state or local government, an advisory board, a commission, an agency or an entity created by the constitution of New Mexico or any branch of government that receives public funding, including political subdivisions, special tax districts, school districts and institutions of higher education; and

          [C.] D. "reproductive health care" means psychological, behavioral, surgical, pharmaceutical and medical care, services and supplies that relate to the human reproductive system, including services related to:

                (1) preventing a pregnancy;

                (2) abortion;

                (3) managing a pregnancy loss;

                (4) prenatal, birth, perinatal and postpartum health;

                (5) managing perimenopause and menopause;

                (6) managing fertility;

                (7) treating cancers of the reproductive system; or

                (8) preventing or treating sexually transmitted infections."

     SECTION 2. Section 24-34-3 NMSA 1978 (being Laws 2023, Chapter 11, Section 3) is amended to read:

     "24-34-3. PUBLIC BODY PROHIBITED ACTION.--

          A. A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not discriminate against a person based on that person's use of or refusal to use reproductive health care or gender-affirming health care services.

          B. A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not deny, restrict or interfere with a person's ability to access or provide reproductive health care or gender-affirming health care within the medical standard of care.

          C. A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not deprive, through prosecution, punishment or other means, a person's ability to act or refrain from acting during the person's pregnancy based on the potential, actual or perceived effect on the pregnancy.

          D. A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not impose or continue in effect any law, ordinance, policy or regulation that violates or conflicts with the provisions of the Reproductive and Gender-Affirming Health Care Freedom Act.

          E. Nothing in the Reproductive and Gender-Affirming Health Care Freedom Act shall be construed to require a health care provider or entity to provide care:

                (1) that the health care provider or entity does not otherwise provide or have a duty to provide under state or federal law;

                (2) when the provision of service is against the medical judgment of the treating health care provider while acting within the standard of care; or

                (3) when an individual does not provide payment or a source of payment for the service when it is required in the ordinary course of business, unless the health care provider has a duty to provide services under state or federal law, regardless of the ability to pay.

          F. Nothing in the Reproductive and Gender-Affirming Health Care Freedom Act shall be construed to require a managed care organization or health insurance company to cover claims that are not otherwise required to be covered by the terms and conditions of an insurance contract, managed care contract or state or federal law.

          G. Nothing in the Reproductive and Gender-Affirming Health Care Freedom Act shall be construed to allow a minor to receive gender-affirming health care or reproductive health care without parental consent in any manner that is not otherwise provided for by law."

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