SENATE BILL 23

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Steve Komadina

AN ACT

RELATING TO MEDICAL CARE; PROVIDING LIMITED MALPRACTICE LIABILITY FOR RETIRED, STILL-LICENSED MEDICAL DOCTORS, PHYSICIAN ASSISTANTS AND ANESTHESIOLOGIST ASSISTANTS WHO PROVIDE VOLUNTEER CARE WITHOUT COMPENSATION.

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

     Section 1. Section 41-5-2 NMSA 1978 (being Laws 1976, Chapter 2, Section 2) is amended to read:

     "41-5-2. [PURPOSE] PURPOSES OF ACT.--The [purpose] purposes of the Medical Malpractice Act [is] are to promote the health and welfare of the people of New Mexico by:

          A. making available professional liability insurance for health care providers in New Mexico; and

          B. providing limited liability for retired, still- licensed medical doctors, physician assistants and anesthesiologist assistants who render voluntary medical services without compensation at free or low-cost health care facilities licensed by the department of health."

     Section 2. A new section of the Medical Malpractice Act is enacted to read:

     "[NEW MATERIAL] VOLUNTEER MEDICAL SERVICES--LIMITED LIABILITY--RULES.--

          A. A retired medical doctor, physician assistant or anesthesiologist assistant, still licensed under the Medical Practice Act, who voluntarily and without compensation provides medical services within the scope of the retiree's license at a free or low-cost health care facility that accepts no insurance payments and is licensed by the department of health, is not liable for any civil damages for an act or failure to act resulting from the provision of those medical services unless the act or failure to act was the result of the retiree's gross negligence or willful misconduct.

          B. The department of health shall adopt rules to provide for the licensing of free or low-cost health care facilities under this section; provided that those rules shall require that a person who receives medical services as provided in Subsection A of this section is fully informed by the health care facility of the limited liability provided in this section and that the person acknowledges receiving the information in writing on a form provided by the department of health.

          C. The provisions of this section shall not affect the Emergency Powers Code."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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