SENATE BILL 332

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Stuart Ingle

AN ACT

RELATING TO THE PRACTICE OF MEDICINE; AMENDING THE MEDICAL PRACTICE ACT TO PROVIDE FOR THE LICENSING AND REGULATION OF CERTAIN ENTITIES; IMPOSING LICENSING FEES AND OTHER RESTRICTIONS; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

     SECTION 1. Section 61-6-1 NMSA 1978 (being Laws 1989, Chapter 269, Section 1, as amended) is amended to read:

     "61-6-1. SHORT TITLE--PURPOSE.--

          A. Chapter 61, Article 6 NMSA 1978 may be cited as the "Medical Practice Act".

          B. In the interest of the public health, safety and welfare and to protect the public from the improper, unprofessional, incompetent and unlawful practice of medicine, it is necessary to provide laws and rules controlling the granting and use of the privilege to practice medicine and to establish a medical board to implement and enforce the laws and rules.

          C. The primary duties and obligations of the medical board are to issue licenses to qualified physicians, physician assistants and anesthesiologist assistants and their business entities, to discipline incompetent or unprofessional physicians, physician assistants or anesthesiologist assistants and to aid in the rehabilitation of impaired physicians, physician assistants and anesthesiologist assistants for the purpose of protecting the public."

     SECTION 2. Section 61-6-6 NMSA 1978 (being Laws 1973, Chapter 361, Section 1, as amended) is amended to read:

     "61-6-6. DEFINITIONS.--As used in Chapter 61, Article 6 NMSA 1978:

          A. "approved postgraduate training program" means a program approved by the accrediting council on graduate medical education of the American medical association or by the board;

          B. "board" means the New Mexico medical board;

          C. "business entity" means a corporation, limited liability company or partnership that is licensed or seeking a license to practice medicine pursuant to the Medical Practice Act;

          [C.] D. "licensed physician" means a medical doctor licensed under the Medical Practice Act to practice medicine in New Mexico;

          [D.] E. "licensee" means a medical doctor, physician assistant, polysomnographic technologist or anesthesiologist assistant licensed by the board to practice in New Mexico;

          [E.] F. "medical college or school in good standing" means a board-approved medical college or school that has as high a standard as that required by the association of American medical colleges and the council on medical education of the American medical association;

          [F.] G. "medical student" means a student enrolled in a board-approved medical college or school in good standing;

          H. "person" means an individual;

          [G.] I. "physician assistant" means a health professional who is licensed by the board to practice as a physician assistant and who provides services to patients under the supervision and direction of a licensed physician;

          [H.] J. "intern" means a first-year postgraduate student upon whom a degree of doctor of medicine and surgery or equivalent degree has been conferred by a medical college or school in good standing;

          [I.] K. "resident" means a graduate of a medical college or school in good standing who is in training in a board-approved and accredited residency training program in a hospital or facility affiliated with an approved hospital and who has been appointed to the position of "resident" or "fellow" for the purpose of postgraduate medical training;

          [J.] L. "the practice of medicine" consists of:

                (1) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in this state;

                (2) offering or undertaking to administer, dispense or prescribe a drug or medicine for the use of another person, except as authorized pursuant to a professional or occupational licensing statute set forth in Chapter 61 NMSA 1978;

                (3) offering or undertaking to give or administer, dispense or prescribe a drug or medicine for the use of another person, except as directed by a licensed physician;

                (4) offering or undertaking to perform an operation or procedure upon a person;

                (5) offering or undertaking to diagnose, correct or treat in any manner or by any means, methods, devices or instrumentalities any disease, illness, pain, wound, fracture, infirmity, deformity, defect or abnormal physical or mental condition of a person;

                (6) offering medical peer review, utilization review or diagnostic service of any kind that directly influences patient care, except as authorized pursuant to a professional or occupational licensing statute set forth in Chapter 61 NMSA 1978; or

                (7) acting as the representative or agent of a person in doing any of the things listed in this subsection;

          [K.] M. "the practice of medicine across state lines" means:

                (1) the rendering of a written or otherwise documented medical opinion concerning diagnosis or treatment of a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic, telephonic or other means from within this state to the physician or the physician's agent; or

                (2) the rendering of treatment to a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic, telephonic or other means from within this state to the physician or the physician's agent;

          [L.] N. "sexual contact" means touching the primary genital area, groin, anus, buttocks or breast of a patient or allowing a patient to touch another's primary genital area, groin, anus, buttocks or breast in a manner that is commonly recognized as outside the scope of acceptable medical practice;

          [M.] O. "sexual penetration" means sexual intercourse, cunnilingus, fellatio or anal intercourse, whether or not there is any emission, or introducing any object into the genital or anal openings of another in a manner that is commonly recognized as outside the scope of acceptable medical practice; and

          [N.] P. "United States" means the fifty states, its territories and possessions and the District of Columbia."

     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) 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 licensed physicians who, or business entities that, renew their license within forty-five days after the required renewal date;

                (6) a late fee not to exceed two hundred dollars ($200) for licensed physicians who, or business entities that, 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;

                (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) an application and renewal fee for a business entity license not to exceed four hundred dollars ($400);

                [(22)] (23) 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)] (24) 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 61-6-26 NMSA 1978 (being Laws 1989, Chapter 269, Section 22, as amended) is amended to read:

     "61-6-26. TRIENNIAL RENEWAL FEES--PENALTY FOR FAILURE TO RENEW LICENSE.--

          A. On or before July 1 of every third year, every licensed physician and licensed business entity in this state shall apply for a certificate of triennial renewal of license for the ensuing three years. The fact that a licensed physician or business entity has not received a renewal form from the board shall not relieve the physician or business entity of the duty to renew the license, and the omission by the board shall not operate to exempt the physician or business entity from the penalties provided by Chapter 61, Article 6 NMSA 1978 for failure to renew [his] a license.

          B. All licensed physicians and business entities shall pay a triennial renewal fee and impaired physicians fee as provided in Section 61-6-19 NMSA 1978 and shall return the completed renewal form together with the renewal fee and other required documentation.

          C. Each application for triennial renewal of license shall state the licensed physician's and business entity's full name, business address, license number and date and all other information requested by the board.

          D. A licensed physician who, or business entity that, fails to submit [his] the application for triennial renewal on or before July 1 but who submits [his] the application for triennial renewal by August 15 shall be assessed a late fee as provided in Section 61-6-19 NMSA 1978.

          E. A licensed physician who, or business entity that, submits the application for triennial renewal between August 16 and September 30 shall be assessed a cumulative late fee as provided in Paragraph (6) of Subsection A of Section 61-6-19 NMSA 1978.

          F. After September 30, the board may, in its discretion, summarily suspend for nonpayment of fees the license of a physician who, or business entity that, has failed to renew [his] the physician's or business entity's license."

     SECTION 5. Section 61-6-27 NMSA 1978 (being Laws 1945, Chapter 74, Section 2, as amended) is amended to read:

     "61-6-27. ISSUANCE AND DISPLAY OF RENEWAL

CERTIFICATE.--The board shall issue to each licensed physician, or business entity upon application in accordance with the provisions of the Medical Practice Act and upon payment of the appropriate fees and, in the case of a licensed physician, upon documentation of continuing education requirements, a certificate of triennial renewal, under the seal of the board, for the ensuing three years. The certificate of renewal shall contain the licensed physician's or business entity's name, business address, license date and number and other information as the board deems advisable. The certificate of triennial renewal shall, at all times, be displayed conspicuously in the principal office or practice location of the licensed physician to whom, or business entity to which, it has been issued."

     SECTION 6. A new section of the Medical Practice Act is enacted to read:

     "[NEW MATERIAL] BUSINESS ENTITY LICENSE.--

          A. The board may grant a license to practice as a doctor of medicine to a business entity that meets the following requirements:

                (1) the business entity is organized under the laws of New Mexico; and

                (2) the business entity is controlled by persons who are licensed to practice medicine in New Mexico.

          B. An applicant for a business entity license shall provide the following information to the board in connection with any application or renewal of its license:

                (1) the ownership of the issued and outstanding equity of the business entity;

                (2) in the case of a corporation, its directors and officers; in the case of a limited liability company, each of its managing members; and in the case of a partnership, each of its general partners; and

                (3) such other information as may be required by the board.

          C. Applicants for a business entity license shall pay the fees set forth in Section 61-6-19 NMSA 1978.

          D. Notwithstanding anything in the Medical Practice Act or the Uniform Licensing Act to the contrary, the board's responsibility and authority over business entities is limited to:

                (1) processing and either granting or denying an application submitted by a business entity for a license to practice medicine;

                (2) assessing and collecting fees pursuant to Section 61-6-19 NMSA 1978; and

                (3) suspending a license for nonpayment of fees pursuant to Subsection F of Section 61-6-26 NMSA 1978."

     SECTION 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

- 12 -