SENATE BILL 82
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
Gerald Ortiz y Pino
AN ACT
RELATING TO ACCESS TO HEALTH CARE; MAKING CERTAIN PROVISIONS IN HEALTH CARE PRACTITIONER AGREEMENTS VOID, UNENFORCEABLE AND AGAINST PUBLIC POLICY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 24-1I-2 NMSA 1978 (being Laws 2015, Chapter 96, Section 2) is amended to read:
"24-1I-2. ENFORCEABILITY OF A NON-COMPETE PROVISION-- OTHER PROVISIONS VOID.--
A. A non-compete provision in an agreement, which provision restricts the right of a health care practitioner to provide clinical health care services in this state, shall be unenforceable upon the termination of:
[A.] (1) the agreement;
[B.] (2) a renewal or extension of the agreement; or
[C.] (3) a health care practitioner's employment with a party seeking to enforce the agreement.
B. A provision in an agreement for clinical health care services to be rendered in this state is void, unenforceable and against public policy if the provision:
(1) makes the agreement subject to the laws of another state; or
(2) requires any litigation arising out of the agreement to be conducted in another state."
SECTION 2. Section 24-1I-5 NMSA 1978 (being Laws 2015, Chapter 96, Section 5) is amended to read:
"24-1I-5. APPLICABILITY.--
A. [This act] Chapter 24, Article 1I NMSA 1978 does not apply to agreements between health care practitioners who are shareholders, owners, partners or directors of a health care practice.
B. Except as provided by Subsection C of this section, the provisions of [this act] Chapter 24, Article 1I NMSA 1978 apply to agreements, or renewals or extensions of agreements, executed on or after July 1, 2015.
C. The provisions of Subsection B of Section 24-1I-2 NMSA 1978 apply to agreements, or renewals or extensions of agreements, executed on or after July 1, 2017."
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