45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO TAXATION; PHASING IN A GROSS RECEIPTS TAX DEDUCTION FOR ALL RECEIPTS OF MEDICAL DOCTORS AND OSTEOPATHIC PHYSICIANS FROM PROVIDING MEDICAL AND OTHER HEALTH SERVICES.

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

Section 1. Section 7-9-77.1 NMSA 1978 (being Laws 1998, Chapter 96, Section 1, as amended) is amended to read:

"7-9-77.1. DEDUCTION--GROSS RECEIPTS TAX--CERTAIN MEDICAL AND HEALTH CARE SERVICES.--

A. Receipts from payments by the United States government or any agency thereof for provision of medical and other health services by medical doctors and [osteopaths] osteopathic physicians or of medical, other health and palliative services by a hospice to medicare beneficiaries pursuant to the provisions of Title [XVIII] 18 of the federal Social Security Act may be deducted from gross receipts.

B. The following percentage of the receipts of medical doctors and osteopathic physicians from providing medical and other health services within their scope of practice, other than the receipts deductible under Subsection A of this section, may be deducted from gross receipts:

(1) from July 1, 2001 through June 30, 2002, thirty-three and one-third percent of those receipts;

(2) from July 1, 2002 through June 30, 2003, sixty-six and two-thirds percent of those receipts; and

(3) after June 30, 2003 all of those receipts.

[B.] C. For the purposes of this section:

(1) "hospice" means a for-profit entity licensed and certified by the department of health as a hospice; [and]

(2) "medical doctors [and osteopaths]" means [persons] physicians licensed to practice [under Section 61-6-11 or 61-10-11 NMSA 1978] medicine pursuant to the provisions of the Medical Practice Act; and

(3) "osteopathic physicians" means persons licensed to practice as osteopathic physicians pursuant to the provisions of Chapter 61, Article 10 NMSA 1978."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.