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AN ACT

RELATING TO THE NEW MEXICO MEDICAL BOARD; PERMITTING THE NEW

MEXICO MEDICAL BOARD TO WAIVE LICENSURE FEES TO RECRUIT AND

RETAIN MEDICAL DOCTORS FOR PRACTICE IN THE STATE; EXTENDING

THE SUNSET FOR THE NEW MEXICO MEDICAL BOARD AND THE MEDICAL

PRACTICE ACT.

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

Section 1. Section 61-6-5 NMSA 1978 (being Laws 1973,

Chapter 361, Section 2, as amended) is amended to read:

"61-6-5. DUTIES AND POWERS.--The board shall:

A. enforce and administer the provisions of the

Medical Practice Act, the Physician Assistant Act, the

Anesthesiologist Assistants Act and the Impaired Health Care

Provider Act;

B. adopt, publish and file, in accordance with the

Uniform Licensing Act and the State Rules Act, all rules for

the implementation and enforcement of the provisions of the

Medical Practice Act, the Physician Assistant Act, the

Anesthesiologist Assistants Act and the Impaired Health Care

Provider Act;

C. adopt and use a seal;

D. administer oaths to all applicants, witnesses

and others appearing before the board, as appropriate;

E. take testimony on matters within the board's

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jurisdiction;

F. keep an accurate record of all its meetings,

receipts and disbursements;

G. maintain records in which the name, address and

license number of all licensees shall be recorded, together

with a record of all license renewals, suspensions,

revocations, probations, stipulations, censures, reprimands

and fines;

H. grant, deny, review, suspend and revoke

licenses to practice medicine and censure, reprimand, fine

and place on probation and stipulation licensees and

applicants in accordance with the Uniform Licensing Act for

any cause stated in the Medical Practice Act and the Impaired

Health Care Provider Act;

I. hire staff and administrators as necessary to

carry out the provisions of the Medical Practice Act;

J. have the authority to hire or contract with

investigators to investigate possible violations of the

Medical Practice Act;

K. have the authority to hire a competent attorney

to give advice and counsel in regard to any matter connected

with the duties of the board, to represent the board in any

legal proceedings and to aid in the enforcement of the laws

in relation to the medical profession and to fix the

compensation to be paid to such attorney; provided, however,

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that such attorney shall be compensated from the funds of the

board;

L. establish continuing medical education

requirements for licensed physicians and continuing education

requirements for physician assistants;

M. establish committees as it deems necessary for

carrying on its business;

N. hire or contract with a licensed physician to

serve as medical director and fulfill specified duties of the

secretary-treasurer;

O. establish and maintain rules related to the

management of pain based on review of national standards for

pain management; and

P. have the authority to waive licensure fees for

the purpose of medical doctor recruitment and retention."

Section 2. Section 61-6-31 NMSA 1978 (being Laws 1989,

Chapter 269, Section 27, as amended) is amended to read:

"61-6-31. DISPOSITION OF FUNDS--NEW MEXICO MEDICAL

BOARD FUND CREATED--METHOD OF PAYMENTS.--

A. There is created the "New Mexico medical board

fund".

B. All funds received by the board and money

collected under the Medical Practice Act, the Physician

Assistant Act, the Anesthesiologist Assistants Act and the

Impaired Health Care Provider Act shall be deposited with the

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state treasurer who shall place the same to the credit of the

New Mexico medical board fund.

C. All payments out of the fund shall be made on

vouchers issued and signed by the secretary-treasurer of the

board or the designee of the secretary-treasurer upon

warrants drawn by the department of finance and

administration in accordance with the budget approved by that

department.

D. All amounts in the New Mexico medical board

fund shall be subject to the order of the board and shall be

used only for the purpose of meeting necessary expenses

incurred in:

(1) the performance of the provisions of the

Medical Practice Act, the Physician Assistant Act, the

Anesthesiologist Assistants Act and the Impaired Health Care

Provider Act and the duties and powers imposed by those acts;

(2) the promotion of medical education and

standards in this state within the budgetary limits; and

(3) efforts to recruit and retain medical

doctors for practice in New Mexico.

E. All funds that may have accumulated to the

credit of the board under any previous law shall be

transferred to the New Mexico medical board fund and shall

continue to be available for use by the board in accordance

with the provisions of the Medical Practice Act, the

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Physician Assistant Act, the Anesthesiologist Assistants Act

and the Impaired Health Care Provider Act. All money unused

at the end of the fiscal year shall not revert, but shall

remain in the fund for use in accordance with the provisions

of the Medical Practice Act, the Physician Assistant Act, the

Anesthesiologist Assistants Act and the Impaired Health Care

Provider Act."

Section 3. Section 61-6-35 NMSA 1978 (being Laws 1979,

Chapter 40, Section 2, as amended) is amended to read:

"61-6-35. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--

The New Mexico medical board is terminated on July 1, 2015

pursuant to the Sunset Act. The board shall continue to

operate according to the provisions of the Medical Practice

Act until July 1, 2016. Effective July 1, 2016, the Medical

Practice Act is repealed."