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AN ACT

RELATING TO EMERGENCIES; PROVIDING THAT AN UNPAID HEALTH

PROFESSIONAL DEPLOYED BY THE DEPARTMENT OF HEALTH TO RESPOND

TO A DECLARED EMERGENCY SHALL BE CONSIDERED A PUBLIC EMPLOYEE

FOR PURPOSES OF THE WORKERS' COMPENSATION ACT.

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

Section 1. Section 52-1-3.1 NMSA 1978 (being Laws 1979,

Chapter 199, Section 2, as amended) is amended to read:

"52-1-3.1. PUBLIC EMPLOYEE.--

A. As used in the Workers' Compensation Act,

unless otherwise provided, "public employee" means any person

receiving a salary from, and acting in the service of, the

state or any county, municipality, school district, drainage,

irrigation or conservancy district, public institution or

administrative board, including elected or appointed public

officers.

B. "Public employee" includes an unpaid health

professional deployed by the department of health within New

Mexico in response to a declared public emergency or public

health emergency or deployed by the department of health

outside New Mexico in response to a request for emergency

health personnel made pursuant to the Emergency Management

Assistance Compact; provided that, for purposes of the

Workers' Compensation Act:

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(1) the department of health shall be

considered to be the employer of the person;

(2) the person's average weekly wage, for

the purpose of calculating compensation, shall be considered

to be the average weekly wage for similar services performed

by paid workers in like employment; and

(3) the person shall not be considered an

employee in the calculation of any fee pursuant to

Section 52-5-19 NMSA 1978.

C. "Public employee" does not include an

independent contractor."

Section 2. Section 52-1-64 NMSA 1978 (being Laws 1975,

Chapter 241, Section 1, as amended) is amended to read:

"52-1-64. EXTRA-TERRITORIAL COVERAGE.--If an employee,

while working outside the territorial limits of this state,

suffers an injury on account of which the employee or, in the

event of the employee's death, the employee's dependents would

have been entitled to the benefits provided by the Workers'

Compensation Act, had such injury occurred within this state,

the employee or, in the event of the employee's death

resulting from the injury, the employee's dependents shall be

entitled to the benefits provided by that act; provided that

at the time of the injury:

A. the employee's employment is principally

localized in this state;

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B. the employee is working under a contract of

hire made in this state in employment not principally

localized in any state;

C. the employee is working under a contract of

hire made in this state in employment principally localized in

another state whose workers' compensation law is not

applicable to the employee's employer;

D. the employee is working under a contract of

hire made in this state for employment outside the United

States and Canada; or

E. the employee is an unpaid health professional

deployed outside this state by the department of health in

response to a request for emergency health personnel made

pursuant to the Emergency Management Assistance Compact."

Section 3. Section 52-4-1 NMSA 1978 (being Laws 1983,

Chapter 116, Section 1, as amended) is amended to read:

"52-4-l. DEFINITION--HEALTH CARE PROVIDER.--As used in

Chapter 52 NMSA 1978, "health care provider" means:

A. a hospital maintained by the state or a

political subdivision of the state or any place currently

licensed as a hospital by the department of health that has:

(l) accommodations for resident bed

patients;

(2) a licensed professional registered nurse

always on duty or call;

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(3) a laboratory; and

(4) an operating room where surgical

operations are performed;

B. an optometrist licensed pursuant to the

provisions of Chapter 61, Article 2 NMSA 1978;

C. a chiropractor licensed pursuant to the

provisions of Chapter 61, Article 4 NMSA 1978;

D. a dentist licensed pursuant to the provisions

of Chapter 61, Article 5 NMSA 1978;

E. a physician licensed pursuant to the provisions

of Chapter 61, Article 6 NMSA 1978;

F. a podiatrist licensed pursuant to the

provisions of Chapter 61, Article 8 NMSA 1978;

G. an osteopathic physician licensed pursuant to

the provisions of Chapter 61, Article 10 NMSA 1978;

H. a physician assistant registered pursuant to

the provisions of Section 61-6-7 NMSA 1978;

I. a certified nurse practitioner licensed

pursuant to Section 61-3-23.2 NMSA 1978;

J. a physical therapist licensed pursuant to the

provisions of Chapter 61, Article 12 NMSA 1978;

K. an occupational therapist licensed pursuant to

the provisions of Chapter 61, Article 12A NMSA 1978;

L. a doctor of oriental medicine licensed pursuant

to the provisions of Chapter 61, Article 14A NMSA 1978;

M. a psychologist who is duly licensed or

certified in the state where the service is rendered, holding

a doctorate degree in psychology and having at least two years

of clinical experience in a recognized health setting, or who

has met the standards of the national register of health

services providers in psychology;

N. a certified nurse-midwife licensed by the board

of nursing as a registered nurse and registered with the

behavioral health services division of the department of

health as a certified nurse-midwife;

O. a pharmacist licensed pursuant to the

provisions of Chapter 61, Article 11 NMSA 1978; or

P. any person or facility that provides health-

related services in the health care industry, as approved by

the director."

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