HOUSE BILL 170
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Yvette Herrell and Timothy M. Keller
AN ACT
RELATING TO HEALTH CARE; ENACTING THE VOLUNTEER HEALTH CARE FOR THE UNDERSERVED ACT; GRANTING A LIMITED EXEMPTION FROM NEW MEXICO LICENSURE TO HEALTH PRACTITIONERS, INCLUDING VETERINARIANS, DULY LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE A HEALTH CARE PROFESSION BY ANY STATE, TERRITORY, DISTRICT OR POSSESSION OF THE UNITED STATES WHO PROVIDE VOLUNTARY HEALTH CARE SERVICES IN UNDERSERVED AREAS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. SHORT TITLE.--This act may be cited as the "Volunteer Health Care for the Underserved Act".
SECTION 2. DEFINITIONS.--As used in the Volunteer Health Care for the Underserved Act:
A. "health practitioner" means any physician, surgeon, dentist, nurse, optometrist or other practitioner of a health care discipline or veterinary services, the professional practice of which requires licensure or certification under the laws of New Mexico or of another state, territory, district or possession of the United States;
B. "licensed health practitioner" means any health practitioner holding a current license or certificate issued under a provision of the law of another state, territory, district or possession of the United States comparable to Chapter 61 NMSA 1978;
C. "sponsoring organization" means any nonprofit organization that organizes or arranges for the voluntary provision of health care services to the underserved, but does not include free clinics, state or local health department facilities, nonprofit community health centers or nonprofit community health referral services that operate year-round; and
D. "voluntary provision of health care services" means providing the services of a health practitioner, in association with a sponsoring organization, to the underserved without charge to the recipient of such services or to a third party on behalf of a recipient.
SECTION 3. LICENSING EXEMPTIONS RELATED TO VOLUNTARY PROVISION OF HEALTH CARE SERVICES.--A health practitioner engaged in the voluntary provision of health care services in this state is not required to be licensed in this state, provided that the health practitioner:
A. is duly licensed or otherwise authorized to practice a health care profession by any state, territory, district or possession of the United States;
B. restricts the health practitioner's services and duties solely to the voluntary provision of health care services;
C. provides only the care or services that the health practitioner is licensed or otherwise authorized to provide by any state, territory, district or possession of the United States; and
D. provides a copy of the health practitioner's current out-of-state license or authorization to practice to the sponsoring organization, which shall retain such record for a period of two years.
SECTION 4. LIMITATION ON DURATION OF VOLUNTARY PROVISION OF HEALTH CARE SERVICES.--A sponsoring organization may organize or arrange for the voluntary provision of health care services at a location in this state for a period not to exceed thirty calendar days in any one year.
SECTION 5. REGISTRATION, REPORTING AND RECORDKEEPING REQUIREMENTS.--
A. The department of health shall promulgate regulations requiring a sponsoring organization to register and report to the department before the sponsoring organization organizes or arranges for the voluntary provision of health care services in this state.
B. The department of health shall require each registered sponsoring organization to maintain:
(1) a list of health practitioners associated with its provision of voluntary health care services in this state and provide such list to the department; and
(2) a copy of the current license, or authorization to practice, of each health practitioner associated with its provision of voluntary health care services in this state.
C. The department of health shall forward the list of health practitioners received from the sponsoring organization to the appropriate licensure board within seven days after receipt. Upon receipt of any information or notice from a licensure board that a health practitioner on the list submitted by the sponsoring organization is not licensed, authorized or in good standing, or is the subject of an investigation or pending disciplinary action, the department shall immediately notify the sponsoring organization that the health practitioner is not allowed to engage in the voluntary provision of health care services on behalf of the sponsoring organization.
SECTION 6. IMMUNITY FROM CIVIL LIABILITY FOR ACTS AND OMISSIONS.--
A. A licensed health practitioner who engages in the voluntary provision of health care services in this state shall not be liable for damages for injuries or death alleged to have occurred by reason of an act or omission alleged to have occurred during the voluntary provision of health care services, unless it is established that the injuries were caused by gross negligence, wanton conduct or intentional wrongdoing on the part of the licensed health practitioner.
B. The immunity from civil liability provided in Subsection A of this section does not apply in any of the following circumstances:
(1) the health care services provided are not part of the health practitioner's training or assignment;
(2) the health care services provided are not within the scope of the health practitioner's license or authority; or
(3) the health care services provided are not authorized by the department of health to be performed at the location.
SECTION 7. NONAPPLICABILITY.--The Volunteer Health Care for the Underserved Act does not apply to emergency or disaster relief services provided pursuant to the Uniform Emergency Volunteer Health Practitioners Act.
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