SENATE BILL 371

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

INTRODUCED BY

William E. Sharer

 

 

 

 

 

AN ACT

RELATING TO HEALTH CARE; INCREASING THE SAFETY REQUIREMENTS FOR REPRODUCTIVE HEALTH CARE.

 

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

     SECTION 1. A new section of the Public Health Act is enacted to read:

     "[NEW MATERIAL] REPRODUCTIVE HEALTH CARE SAFETY REQUIREMENTS.--

          A. Except for a medication abortion, an abortion shall only be provided by a licensed physician in a health facility licensed by the health care authority.

          B. A drug used to induce a medication abortion shall only be prescribed by a licensed physician and dispensed

by a pharmacy licensed pursuant to the Pharmacy Act.

          C. A person found to have knowingly and willfully violated the provisions of this section shall be subject to a civil penalty not to exceed five thousand dollars ($5,000).

          D. For the purposes of this section, "medication abortion" means the use or prescription of any drug for the purpose of inducing an abortion."

     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. For the purposes of this subsection, an abortion is only within the medical standard of care if the abortion is provided by a licensed physician in a health facility licensed by the health care authority.

          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."

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