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F I S C A L I M P A C T R E P O R T

SPONSOR Duran

DATE TYPED 2/14/05

HB

SHORT TITLE Eliminate Physician Exam Prior To Marriage

SB 495

ANALYST Hanika-Ortiz

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Health (DOH)

Health Policy Commission (HPC)

SUMMARY

Synopsis of Bill

SB495 amends Section 40-1-11 NMSA 1978 eliminating the requirement for a physician exami-

nation and certificate prior to marriage.

Significant Issues

Regulations by the DOH requiring medical examinations and tests prior to obtaining a marriage

license were changed in 1995. There is no such requirement to date.

PERFORMANCE IMPLICATIONS

The current law will is outdated. The DOH has no regulation requiring medical tests or examina-

tions prior to marriage.

FISCAL IMPLICATIONS

DOH reports a review of marriages conducted for 1993 and 1994 (22,000) matched with results

from required syphilis tests identified very few diagnosed cases. There were insufficient num-

bers of positive results to justify the costs incurred for syphilis testing.

Senate Bill 495-- Page 2

ADMINISTRATIVE IMPLICATIONS

There is no data suggesting that physical examinations prior to marriage have any public benefit.

The elimination of the physical exam requirement reasonably follows the elimination of the

syphilis-testing requirement.

TECHNICAL ISSUES

None

OTHER SUBSTANTIVE ISSUES

Requiring proof of a physician’s examination at time of marriage license request is not current

practice at county clerk offices around the state. The DOH eliminated the requirement for syphi-

lis testing prior to obtaining a marriage license in 1994 and was one of the last states in the coun-

try to do so.

ALTERNATIVES

None

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

State law will continue to require a physical examination before marriage.

AHO/yr