SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 21

54th legislature - STATE OF NEW MEXICO - first session, 2019

AN ACT

RELATING TO HEALTH CARE; AMENDING SECTIONS OF THE HEALTH PROFESSIONAL LOAN REPAYMENT ACT AND THE OSTEOPATHIC MEDICINE ACT TO ESTABLISH DESIGNATED HEALTH PROFESSIONAL LOAN REPAYMENT FUNDING TO ASSIST OSTEOPATHIC PRIMARY CARE PHYSICIANS WORKING IN DESIGNATED HEALTH PROFESSIONAL SHORTAGE AREAS; ESTABLISHING OSTEOPATHIC PHYSICIAN LICENSING FEES FOR THE HEALTH PROFESSIONAL LOAN REPAYMENT PROGRAM; ENACTING NEW SECTIONS OF THE HEALTH PROFESSIONAL LOAN REPAYMENT ACT TO ESTABLISH THE OSTEOPATHIC PHYSICIAN EXCELLENCE FUND; MAKING APPROPRIATIONS.

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

     SECTION 1. Section 21-22D-3 NMSA 1978 (being Laws 1995, Chapter 144, Section 18, as amended) is amended to read:

     "21-22D-3. DEFINITIONS.--As used in the Health Professional Loan Repayment Act:

          A. "department" means the higher education department;

          B. "health professional" means a primary care physician, optometrist, podiatrist, physician's assistant, dentist, nurse, member of an allied health profession as defined in the Allied Health Student Loan for Service Act or a licensed or certified health professional as determined by the department;

          C. "loan" means a grant of money to defray the costs incidental to a health education, under a contract between the federal government or a commercial lender and a health professional, requiring either repayment of principal and interest or repayment in services; [and]

          D. "nurse in advanced practice" means a registered nurse, including a:

                (1) certified nurse practitioner, certified registered nurse anesthetist or clinical nurse specialist, authorized pursuant to the Nursing Practice Act to function beyond the scope of practice of professional registered nursing; or

                (2) certified nurse-midwife licensed by the department of health; and

          E. "osteopathic primary care physician" means an osteopathic physician licensed pursuant to the Osteopathic Medicine Act with specialty training in family medicine, general internal medicine, obstetrics, gynecology or general pediatrics."

     SECTION 2. A new section of the Health Professional Loan Repayment Act is enacted to read:

     "[NEW MATERIAL] OSTEOPATHIC PHYSICIAN EXCELLENCE FUND.--The department shall apply funds appropriated to the department from the osteopathic physician excellence fund established pursuant to Section 3 of this 2019 act exclusively for health professional loan repayment assistance for osteopathic primary care physicians who are licensed pursuant to the Osteopathic Medicine Act and who practice in areas of New Mexico that the department has designated as underserved."

     SECTION 3. A new section of the Health Professional Loan Repayment Act is enacted to read:

     "[NEW MATERIAL] OSTEOPATHIC PHYSICIAN EXCELLENCE FUND--CREATION--ADMINISTRATION--APPROPRIATION.--The "osteopathic physician excellence fund" is created in the state treasury to support awards established through the Health Professional Loan Repayment Act to osteopathic primary care physicians who practice in areas of New Mexico that the department has designated as underserved. The fund consists of license application and renewal surcharges pursuant to Section 61-10-6.1 NMSA 1978, appropriations, gifts, grants, donations and income from investment of the fund. Any income earned on investment of the fund shall remain in the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The fund shall be administered by the department, and money in the fund is appropriated to the department to make awards established through the Health Professional Loan Repayment Act to osteopathic primary care physicians who practice in areas of New Mexico that the department has designated as underserved. Disbursements from the fund shall be made only upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's authorized representative."

     SECTION 4. Section 61-10-6.1 NMSA 1978 (being Laws 2016, Chapter 90, Section 7) is amended to read:

     "61-10-6.1. FEES.--The board [may] shall charge the following fees; provided that all fees are nonrefundable and, except for those fees collected pursuant to Paragraph (10) of Subsection A of this section, shall be used by the board to carry out its duties:

          A. pertaining to osteopathic physicians:

                (1) an application fee not to exceed one thousand dollars ($1,000) for triennial licensure of an osteopathic physician pursuant to Section 61-10-12 NMSA 1978;

                (2) a triennial osteopathic physician licensure renewal fee not to exceed one thousand dollars ($1,000);

                (3) a fee not to exceed seventy-five dollars ($75.00) for placing an osteopathic physician license on inactive status;

                (4) a late fee not to exceed:

                     (a) two hundred dollars ($200) for osteopathic physicians who fail to renew their licenses on or before July 1 of the year in which their triennial licenses are due for renewal but who renew on or before September 29 of that year; and

                     (b) four hundred dollars ($400) for osteopathic physicians who renew their licenses after September 29;

                (5) a reinstatement fee not to exceed five hundred dollars ($500) for reinstatement of a revoked, suspended or inactive osteopathic physician license;

                (6) a temporary license fee not to exceed one hundred dollars ($100);

                (7) a [post-graduate] postgraduate osteopathic physician training license fee not to exceed fifty dollars ($50.00);

                (8) an osteopathic physician telemedicine triennial license fee not to exceed four hundred dollars ($400); [and]

                (9) an impaired physician fee not to exceed one hundred dollars ($100); and

                (10) a fee of one hundred dollars ($100) to accompany fees for application for and renewal of osteopathic physician licensure for deposit in the osteopathic physician excellence fund pursuant to Section 3 of this 2019 act;

          B. pertaining to osteopathic physician assistants:

                (1) a biennial license fee not to exceed four hundred fifty dollars ($450);

                (2) a registration of new supervision fee that is equal to one-half of the biennial license fee for osteopathic physician assistants;

                (3) a late fee not to exceed twenty-five dollars ($25.00) for osteopathic physician assistants who fail to renew their licenses on or before July 1 of the year in which their biennial licenses are due for renewal;

                (4) an impaired osteopathic physician assistant fee not to exceed one hundred dollars ($100); and

                (5) a fee for an osteopathic physician assistant license on inactive status not to exceed seventy-five dollars ($75.00); and

          C. pertaining to osteopathic physician and osteopathic physician assistant licensees or applicants:

                (1) a fee not to exceed five hundred dollars ($500) for reprocessing an application or renewal that includes errors that would otherwise be subject to investigation and possible disciplinary action; and

                (2) a reasonable administrative fee that the board establishes by rule for verification of license, publications and copying charges."

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