AN ACT

RELATING TO HEALTH; CREATING THE GOVERNOR'S HIV AND AIDS POLICY COMMISSION; ESTABLISHING MEMBERSHIP AND DUTIES; REQUIRING THE DEPARTMENT OF HEALTH TO PROVIDE ADMINISTRATIVE SERVICES TO THE COMMISSION.

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

     Section 1. COMMISSION CREATED--MEMBERS--DUTIES.--

          A. There is created the "governor's HIV and AIDS policy commission", consisting of twenty-three members as follows:

                 (1) the secretary of health or the secretary's designee;

                (2) the secretary of human services or the secretary's designee;

                (3) the secretary of public education or the secretary's designee;

                (4) the chief medical officer of the corrections department or the officer's designee;

                (5) the chair of the department of health's medical advisory committee;

                (6) the executive director of the New Mexico medical insurance pool or the director's designee;

                (7) a representative from each of the six health management alliance organizations, appointed by the governor;

                (8) six consumers reflecting the diversity of the HIV and AIDS populations in New Mexico, including Native Americans and other people of color, appointed by the governor; and

                (9) five public members who have expertise in HIV and AIDS services, prevention, program administration, financial management and other categories of expertise required under federal planning requirements, appointed by the governor.

          B. The governor shall appoint the chair of the commission. Members appointed by the governor shall serve for terms of three years, except that the initial term of seven members shall be two years. Vacancies of the appointed members shall be filled by appointment by the governor for the remainder of the unexpired term. Appointed members shall receive per diem and mileage as provided in the Per Diem and Mileage Act but shall receive no other compensation, perquisite or allowance. The commission shall be administratively attached to the department, which shall provide administrative services to the commission.

          C. The commission shall:

                (1) review and make recommendations on department HIV and AIDS policies;

                (2) study and make recommendations to the department on all factors affecting the availability, quality and accessibility of health services for persons with HIV and AIDS, including:

                     (a) review and consult with the department's medical advisory committee regarding the HIV and AIDS drug formulary and policies of selection, utilization and provision of those drugs; and

                     (b) review policies and practices of each state agency with responsibilities to persons with HIV and AIDS, including statutes and rules governing these responsibilities;

                (3) serve as a planning and advisory group to the department's HIV and AIDS services program;

                (4) annually provide its evaluation and recommendations to the department for inclusion in the department's annual report, including recommendations for administrative and legislative changes, for resource allocation by the department and for funding;

                (5) provide information on HIV and AIDS programs and issues as requested by the executive and legislative branches of government;

                (6) advocate for improved and expanded services for persons living with HIV and AIDS; and

                (7) establish task forces as it deems necessary.

          D. For purposes of this section:

                (1) "commission" means the governor's HIV and AIDS policy commission;

                (2) "department" means the department of health;

                (3) "HIV and AIDS" means human immunodeficiency virus and acquired immune deficiency syndrome; and

                (4) "consumers" means people living with HIV and AIDS.