HB 177

Page 1

AN ACT

RELATING TO THE PRACTICE OF MEDICINE; PROVIDING FOR SUMMARY

SUSPENSION OR RESTRICTION OF LICENSES; AMENDING REVIEW

ORGANIZATION REPORTING REQUIREMENTS; PROVIDING FOR ADDITIONAL

ADMINISTRATIVE FEES.

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

Section 1. A new section of the Medical Practice Act,

Section 61-6-15.1 NMSA 1978, is enacted to read:

"61-6-15.1. SUMMARY SUSPENSION OR RESTRICTION OF

LICENSE.--

A. The board may summarily suspend or restrict a

license issued by the board without a hearing, simultaneously

with or at any time after the initiation of proceedings for a

hearing provided under the Uniform Licensing Act, if the board

finds that evidence in its possession indicates that the

licensee:

(1) poses a clear and immediate danger to

the public health and safety if the licensee continues to

practice;

(2) has been adjudged mentally incompetent

by a final order or adjudication by a court of competent

jurisdiction; or

(3) has pled guilty to or been found guilty

of any offense related to the practice of medicine or for any

HB 177

Page 2

violent criminal offense in this state or a substantially

equivalent criminal offense in another jurisdiction.

B. A licensee is not required to comply with a

summary action until service has been made or the licensee has

actual knowledge of the order, whichever occurs first.

C. A person whose license is suspended or

restricted under this section is entitled to a hearing by the

board pursuant to the Uniform Licensing Act within fifteen

days from the date the licensee requests a hearing."

Section 2. Section 61-6-16 NMSA 1978 (being Laws 1989,

Chapter 269, Section 12, as amended) is amended to read:

"61-6-16. REPORTING OF SETTLEMENTS AND JUDGMENTS,

PROFESSIONAL REVIEW ACTIONS AND ACCEPTANCE OF SURRENDERED

LICENSE--IMMUNITY FROM CIVIL DAMAGES--PENALTY.--

A. All entities that make payments under a policy

of insurance, self-insurance or otherwise in settlement or

satisfaction of a judgment in a medical malpractice action or

claim, hospitals, health care entities and professional review

bodies shall report to the board all payments relating to

malpractice actions or claims arising in New Mexico that

involve a licensee and that are paid as a direct result of the

licensee’s care, all appropriate professional review actions

of licensees and the acceptance or surrender of clinical

privileges by a licensee while under investigation or in lieu

of an investigation. For the purposes of this section, the

HB 177

Page 3

meaning of these terms shall be as contained in Section 431 of

the federal Health Care Quality Improvement Act of 1986, 42

USCA Section 11151.

B. The hospitals required to report under this

section, health care entities or professional review bodies

that provide such information in good faith shall not be

subject to suit for civil damages as a result of providing the

information.

C. A hospital, health care entity or professional

review body failing to comply with the reporting requirements

provided in this section shall be subject to civil penalty not

to exceed ten thousand dollars ($10,000)."

Section 3. Section 61-6-19 NMSA 1978 (being Laws 1989,

Chapter 269, Section 15, as amended) is amended to read:

"61-6-19. FEES.--

A. The board shall impose the following fees:

(1) an application fee not to exceed four

hundred dollars ($400) for licensure by endorsement as

provided in Section 61-6-13 NMSA 1978;

(2) an application fee not to exceed four

hundred dollars ($400) for licensure by examination as

provided in Section 61-6-11 NMSA 1978;

(3) a triennial renewal fee not to exceed

four hundred fifty dollars ($450);

(4) a fee of twenty-five dollars ($25.00)

HB 177

Page 4

for placing a physician's license or a physician assistant's

license on inactive status;

(5) a late fee not to exceed one hundred

dollars ($100) for physicians who renew their license within

forty-five days after the required renewal date;

(6) a late fee not to exceed two hundred

dollars ($200) for physicians who renew their licenses between

forty-six and ninety days after the required renewal date;

(7) a reinstatement fee not to exceed six

hundred dollars ($600) for reinstatement of a revoked,

suspended or inactive license;

(8) a reasonable administrative fee for

verification and duplication of license or registration and

copying of records;

(9) a reasonable publication fee for the

purchase of a publication containing the names of all

practitioners licensed under the Medical Practice Act;

(10) an impaired physician fee not to exceed

one hundred fifty dollars ($150) for a three-year period;

(11) an interim license fee not to exceed

one hundred dollars ($100);

(12) a temporary license fee not to exceed

one hundred dollars ($100);

(13) a postgraduate training license fee not

to exceed fifty dollars ($50.00) annually;

HB 177

Page 5

(14) an application fee not to exceed one

hundred fifty dollars ($150) for physician assistants applying

for initial licensure;

(15) a licensure fee not to exceed one

hundred fifty dollars ($150) for physician assistants biennial

licensing and registration of supervising licensed physician;

(16) a late fee not to exceed fifty dollars

($50.00) for physician assistants who renew their licensure

within forty-five days after the required renewal date;

(17) a late fee not to exceed seventy-five

dollars ($75.00) for physician assistants who renew their

licensure between forty-six and ninety days after the required

renewal date;

(18) a reinstatement fee not to exceed one

hundred dollars ($100) for physician assistants who reinstate

an expired license;

(19) a processing fee not to exceed fifty

dollars ($50.00) for each change of a supervising licensed

physician for a physician assistant;

(20) a fee not to exceed three hundred

dollars ($300) annually for a physician supervising a clinical

pharmacist;

(21) an application and renewal fee for a

telemedicine license not to exceed four hundred dollars

($400);

(22) a reasonable administrative fee, not to

exceed the current cost of application for a license, that may

be charged for reprocessing applications and renewals that

include minor but significant errors and that would otherwise

be subject to investigation and possible disciplinary action;

and

(23) a reasonable fee as established by the

department of public safety for nationwide and statewide

criminal history screening of applicants and licensees.

B. All fees are nonrefundable and shall be used by

the board to carry out its duties efficiently."

Section 4. Section 61-6-24 NMSA 1978 (being Laws 1989,

Chapter 269, Section 20) is amended to read:

"61-6-24. LIMITATIONS ON ACTIONS.--

A. No action that would have any of the effects

specified in Sections 61-6-15 and 61-6-15.1 NMSA 1978 may be

initiated by the board later than two years after it is

brought to the board's attention.

B. The time limitation contained in Subsection A

of this section shall be tolled by any civil or criminal

litigation in which the licensee or applicant is a party

arising substantially from the same facts, conduct,

transaction or transactions that would be the basis of the

board's decision."

HB 177

Page 6