SPAC/SB 23

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AN ACT

RELATING TO MEDICAL CARE; PROVIDING TORT COVERAGE UNDER THE

TORT CLAIMS ACT FOR CERTAIN HEALTH CARE PROVIDERS.

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

Section 1. Section 41-4-3 NMSA 1978 (being Laws 1976,

Chapter 58, Section 3, as amended) is amended to read:

"41-4-3. DEFINITIONS.--As used in the Tort Claims Act:

A. "board" means the risk management advisory

board;

B. "governmental entity" means the state or any

local public body as defined in Subsections C and H of this

section;

C. "local public body" means all political

subdivisions of the state and their agencies,

instrumentalities and institutions and all water and natural

gas associations organized pursuant to Chapter 3, Article 28

NMSA 1978;

D. "law enforcement officer" means a full-time

salaried public employee of a governmental entity whose

principal duties under law are to hold in custody any person

accused of a criminal offense, to maintain public order or to

make arrests for crimes, or members of the national guard

when called to active duty by the governor;

E. "maintenance" does not include:

SPAC/SB 23

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(1) conduct involved in the issuance of a

permit, driver's license or other official authorization to

use the roads or highways of the state in a particular

manner; or

(2) an activity or event relating to a

public building or public housing project that was not

foreseeable;

F. "public employee" means an officer, employee or

servant of a governmental entity, excluding independent

contractors except for individuals defined in Paragraphs (7),

(8), (10) and (14) of this subsection, or of a corporation

organized pursuant to the Educational Assistance Act, the

Small Business Investment Act or the Mortgage Finance

Authority Act or a licensed health care provider, who has no

medical liability insurance, providing voluntary services as

defined in Paragraph (16) of this subsection and including:

(1) elected or appointed officials;

(2) law enforcement officers;

(3) persons acting on behalf or in service

of a governmental entity in any official capacity, whether

with or without compensation;

(4) licensed foster parents providing care

for children in the custody of the human services department,

corrections department or department of health, but not

including foster parents certified by a licensed child

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placement agency;

(5) members of state or local selection

panels established pursuant to the Adult Community

Corrections Act;

(6) members of state or local selection

panels established pursuant to the Juvenile Community

Corrections Act;

(7) licensed medical, psychological or

dental arts practitioners providing services to the

corrections department pursuant to contract;

(8) members of the board of directors of the

New Mexico medical insurance pool;

(9) individuals who are members of medical

review boards, committees or panels established by the

educational retirement board or the retirement board of the

public employees retirement association;

(10) licensed medical, psychological or

dental arts practitioners providing services to the children,

youth and families department pursuant to contract;

(11) members of the board of directors of

the New Mexico educational assistance foundation;

(12) members of the board of directors of

the New Mexico student loan guarantee corporation;

(13) members of the New Mexico mortgage

finance authority;

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(14) volunteers, employees and board members

of court-appointed special advocate programs;

(15) members of the board of directors of

the small business investment corporation; and

(16) health care providers licensed in New

Mexico who render voluntary health care services without

compensation in accordance with rules promulgated by the

secretary of health. The rules shall include requirements

for the types of locations at which the services are

rendered, the allowed scope of practice and measures to

ensure quality of care.

G. "scope of duty" means performing any duties

that a public employee is requested, required or authorized

to perform by the governmental entity, regardless of the time

and place of performance; and

H. "state" or "state agency" means the state of

New Mexico or any of its branches, agencies, departments,

boards, instrumentalities or institutions."

Section 2. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.