HOUSE HEALTH, GOVERNMENT AND INDIAN AFFAIRS

COMMITTEE SUBSTITUTE FOR

HOUSE BILL 170

51st legislature - STATE OF NEW MEXICO - first session, 2013

AN ACT

RELATING TO HEALTH CARE; ENACTING THE VOLUNTEER HEALTH CARE FOR

THE UNDERSERVED ACT; PROVIDING FOR TEMPORARY NEW MEXICO LICENSURE OR OTHER AUTHORIZATION OF HEALTH PRACTITIONERS, INCLUDING VETERINARIANS, DULY LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE A HEALTH CARE PROFESSION BY ANY STATE, TERRITORY, DISTRICT OR POSSESSION OF THE UNITED STATES WHO PROVIDE VOLUNTARY HEALTH CARE SERVICES IN UNDERSERVED AREAS OF NEW MEXICO; REQUIRING THE DEPARTMENT OF HEALTH TO OVERSEE SPONSORING ORGANIZATIONS; GRANTING LIMITED IMMUNITY TO HEALTH PRACTITIONERS TO PROVIDE VOLUNTARY HEALTH CARE SERVICES; DECLARING AN EMERGENCY.

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

     SECTION 1. SHORT TITLE.--This act may be cited as the

"Volunteer Health Care for the Underserved Act".

     SECTION 2. DEFINITIONS.--As used in the Volunteer Health

Care for the Underserved Act:

          A. "health practitioner" means any physician,

surgeon, dentist, nurse, optometrist or other practitioner of a health care discipline or veterinary services, the professional

practice of which requires licensure or other authorization under the laws of New Mexico or of another state, territory, district or possession of the United States;

          B. "licensed health practitioner" means any health

practitioner holding a current license or certificate issued

under a provision of the law of another state, territory,

district or possession of the United States comparable to

Chapter 61 NMSA 1978;

          C. "sponsoring organization" means any nonprofit

organization whose primary purpose is to organize or arrange for the voluntary provision of health care services to the underserved, but does not include free clinics, state or local health department facilities, nonprofit community health centers or nonprofit community health referral services that operate year-round;

          D. "underserved" means indigent, uninsured or underinsured persons and their pets or livestock that lack access to basic health care; and

          E. "voluntary provision of health care services"

means providing the services of a health practitioner, in

association with a sponsoring organization, to the underserved

without charge to the recipient of such services or to a third

party on behalf of a recipient.

     SECTION 3. TEMPORARY LICENSE OR AUTHORIZATION REQUIRED FOR VOLUNTARY PROVISION OF HEALTH CARE SERVICES.--

          A. Prior to engaging in the voluntary provision of health care services in this state, a health practitioner shall obtain a temporary license or other authorization from the appropriate licensing board for that health practitioner.

          B. The appropriate licensing board for the health practitioner may issue a temporary license or other authorization to the health practitioner wishing to engage in the voluntary provision of health care services in this state provided that the health practitioner:

                (1) is duly licensed or otherwise authorized to practice a health care profession by any state, territory,

district or possession of the United States;

                (2) restricts the health practitioner's services and duties solely to the voluntary provision of health care services;

                (3) provides only the care or services that the health practitioner is licensed or otherwise authorized to

provide by any state, territory, district or possession of the

United States;

                (4) provides a copy of the health practitioner's current out-of-state license or authorization to practice to the sponsoring organization, which shall retain such record for a period of two years; and

                (5) satisfies the requirements for temporary licensure or other authorization promulgated by the appropriate licensing board for such health practitioner to implement the Volunteer Health Care for the Underserved Act.

     SECTION 4. LIMITATION ON DURATION OF VOLUNTARY PROVISION

OF HEALTH CARE SERVICES.--A sponsoring organization may

organize or arrange for the voluntary provision of health care

services at a location in this state for a period not to exceed

thirty calendar days in any one year.

     SECTION 5. OVERSIGHT OF SPONSORING ORGANIZATION--REGISTRATION AND REPORTING REQUIRED OF SPONSORING ORGANIZATION--TEMPORARY LICENSURE OR AUTHORIZATION REQUIREMENTS.--

          A. The department of health shall exercise oversight of a sponsoring organization for the voluntary provision of health care services in this state and shall require a sponsoring organization to register and report to the department before the sponsoring organization organizes or arranges for the voluntary provision of health care services in this state.

          B. The department of health shall require each registered sponsoring organization to maintain:

                (1) a list of health practitioners associated with its provision of voluntary health care services in this state and provide such list to the department; and

                (2) a copy of the current out-of-state and temporary license or other authorization to practice of each health practitioner associated with its provision of voluntary health care services in this state for a period of two years.

          C. The department of health shall adopt such rules as are necessary to implement the provisions of the Volunteer Health Care for the Underserved Act while ensuring public safety.

          D. Each licensing board of a health practitioner shall:

                (1) adopt rules regarding the temporary licensure or other temporary authorization of a health practitioner for the voluntary provision of health care services;

                (2) waive all licensing or other fees for temporary licensure or other temporary authorization for the voluntary provision of health care services;

                (3) adopt such rules as are necessary to implement the provisions of the Volunteer Health Care for the Underserved Act while ensuring public safety; and

                (4) no later than July 1, 2013, have a process in place to issue qualified applicants a temporary license or other authorization for the voluntary provision of health care services within seven calendar days after receipt of an application.

     SECTION 6. IMMUNITY FROM CIVIL LIABILITY FOR ACTS AND

OMISSIONS.--

          A. A licensed health practitioner who engages in the voluntary provision of health care services in this state

shall not be liable for damages for injuries or death alleged

to have occurred by reason of an act or omission alleged to

have occurred during the voluntary provision of health care

services, unless it is established that the injuries were

caused by gross negligence, wanton conduct or intentional

wrongdoing on the part of the licensed health practitioner.

          B. The immunity from civil liability provided in

Subsection A of this section does not apply in any of the

following circumstances:

                (1) the health care services provided are not

part of the health practitioner's training or assignment;

                (2) the health care services provided are not

within the scope of the health practitioner's temporary license or authority; or

                (3) the health care services provided are not

authorized by the department of health to be performed at the

location.

     SECTION 7. NONAPPLICABILITY.--The Volunteer Health Care

for the Underserved Act does not apply to emergency or disaster

relief services provided pursuant to the Uniform Emergency

Volunteer Health Practitioners Act, to health care services provided to an organized youth camp or school or to health care services that are incidental to charitable, sporting or recreational activities and events.

     SECTION 8. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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