HOUSE BILL 443

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Yvette Herrell

AN ACT

RELATING TO LICENSURE; CREATING TEMPORARY LICENSURE FOR A PRACTITIONER LICENSED AND IN GOOD STANDING IN ANOTHER JURISDICTION WHO WISHES TO PROVIDE HEALTH CARE OR VETERINARY SERVICES FOR THE UNDERSERVED OF NEW MEXICO.

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

     SECTION 1. A new section of the Uniform Licensing Act is enacted to read:

     "[NEW MATERIAL] TEMPORARY LICENSURE TO PROVIDE HEALTH CARE OR VETERINARY SERVICES FOR THE UNDERSERVED.--

          A. As used in this section:

                (1) "practitioner" means any physician, physician assistant, dentist, nurse, optometrist or other health care or veterinary practitioner, whose occupation or profession requires licensure or certification under the laws of New Mexico or of another state, territory, district or possession of the United States;

                (2) "serving the underserved" means providing services within a practitioner's scope of practice for an underserved recipient or for a third party for the benefit of an underserved recipient free of charge;

                (3) "underserved" means a person who is uninsured or underinsured or who has limited access to health care or veterinary services; and

                (4) "unrestricted license" means a license or authorization issued to a practitioner from another jurisdiction that is not, and has not in any manner been placed, under disciplinary restriction.

          B. Prior to serving the underserved in the state, a practitioner shall obtain a temporary license from the state agency, board or commission that issues an occupational or professional license to a practitioner pursuant to Chapter 61, Articles 2 through 34 NMSA 1978.

          C. A state agency, board or commission that issues an occupational or professional license to a practitioner pursuant to Chapter 61, Articles 2 through 34 NMSA 1978 shall:

                (1) make rules regarding the application for and issuance of temporary licensure and such other rules as necessary to implement the provisions of this section;

                (2) require an applicant to submit a signed application accompanied by proof that the applicant holds a current unrestricted license from a corresponding state agency, board or commission in another state, territory, district or possession of the United States; and

                (3) as soon as practicable after receipt of a complete application for a temporary license under this section:

                     (a) process the application; and

                     (b) issue a temporary license to a qualified applicant.

          D. A temporary license issued pursuant to this section:

                (1) shall be valid for a period of not more than thirty days; and

                (2)  may be renewed once every two years.

          E. A practitioner who provides services to the underserved in this state shall not be liable for damages for injuries or death alleged to have arisen from the provision of such services, unless caused by gross negligence, wanton conduct or intentional wrongdoing on the part of the practitioner.

          F. The immunity from civil liability provided in Subsection E of this section does not apply if the services provided to the underserved were not within the scope or duration of a practitioner's temporary license or authority."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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