46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO TAXATION; PROVIDING A GROSS RECEIPTS TAX DEDUCTION FOR RECEIPTS FROM PROVISION OF SERVICES BY PHYSICIANS.

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

Section 1. A new section of the Gross Receipts and Compensating Tax Act is enacted to read:

"[NEW MATERIAL] DEDUCTION--GROSS RECEIPTS TAX--SERVICES OF PHYSICIAN.--

A. Receipts from the provision of services by a physician that are not otherwise deductible pursuant to another provision of the Gross Receipts and Compensating Tax Act may be deducted from gross receipts, if the services are within the licensed scope of practice of the physician providing the service.

B. For the purposes of this section, "physician" means a person licensed as a physician pursuant to the provisions of the Medical Practice Act."

Section 2. Section 7-9-77.1 NMSA 1978 (being Laws 1998, Chapter 96, Section 1, as amended) is amended to read:

"7-9-77.1. DEDUCTION--GROSS RECEIPTS TAX--CERTAIN MEDICAL AND HEALTH CARE SERVICES.--

A. Receipts from payments by the United States government or any agency thereof for provision of [medical and other health services by medical doctors and osteopaths or of] medical and other health and palliative services by a hospice to medicare beneficiaries pursuant to the provisions of Title [XVIII] 18 of the federal Social Security Act may be deducted from gross receipts.

B. For the purposes of this section, [(1)] "hospice" means a for-profit entity licensed and certified by the department of health as a hospice [and (2) "medical doctors and osteopaths" means persons licensed to practice under Section 61-6-11 or 61-10-11 NMSA 1978]."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.