SENATE BILL 68

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Sander Rue

AN ACT

RELATING TO PROFESSIONAL LICENSURE; AMENDING A SECTION OF THE MEDICAL PRACTICE ACT AND ENACTING A SECTION OF THE OSTEOPATHIC MEDICINE ACT TO REQUIRE POSTING IN A PUBLICLY ACCESSIBLE MANNER INFORMATION RELATING TO CREDENTIALING, LICENSING AND DISCIPLINE OF MEDICAL AND OSTEOPATHIC PROFESSIONAL LICENSEES.

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

     SECTION 1. Section 61-6-31.1 NMSA 1978 (being Laws 2003, Chapter 235, Section 6) is amended to read:

     "61-6-31.1. BOARD OF MEDICAL EXAMINERS FUND--AUTHORIZED USE--WEBSITE PORTAL--REQUIRED INFORMATION--SEARCHABLE FACTORS-- LICENSEE DISCIPLINARY HISTORY.--

          A. Pursuant to Subsection D of Section 61-6-31 NMSA 1978, by January 1, 2018, the board shall authorize expenditures from unexpended and unencumbered cash balances in the board of medical examiners fund to support an information technology project manager [to develop, implement and maintain a web site portal for licensure and a central database for credentialing of health care providers]. The board shall charge the information technology project manager with developing, implementing and maintaining a publicly accessible and searchable website portal for the posting of information related to licensure and licensees, including licensee profile information in accordance with Subsection B of this section and the posting of each licensee's disciplinary history in accordance with Subsection C of this section.

          B. At a minimum, the board shall make each licensee's profile on the board's website searchable by the following factors relating to the licensee:

                (1) name;

                (2) specialty;

                (3) location; and

                (4) license number.

          C. On a publicly accessible website, the board shall post the following information about each licensee in plain language:

                (1) name, including any former names or aliases;

                (2) a photograph that is less than three years old at the time of posting;

                (3) the type of license the licensee holds;

                (4) any specialty of the licensee;

                (5) criminal history;

                (6) any formal disciplinary action, including a link to information relating to each action, taken by:

                     (a) the board, including an explanation of how any disciplinary order affects the licensee's license;

                     (b) a health facility; and

                     (c) an agency of the United States government or a foreign government; and

                (7) the amount of any payment made by or on behalf of the licensee pursuant to a claim of malpractice made against the licensee."

     SECTION 2. A new section of the Osteopathic Medicine Act is enacted to read:

     "[NEW MATERIAL] WEBSITE PORTAL--REQUIRED INFORMATION--SEARCHABLE FACTORS--LICENSEE DISCIPLINARY HISTORY.--

          A. By January 1, 2018, the board shall establish, implement and maintain a publicly accessible and searchable website portal for posting a central database for the credentialing of osteopathic physicians and osteopathic physician assistants and for posting information related to licensure and licensees, including licensee profile information in accordance with Subsection B of this section and each licensee's disciplinary history in accordance with Subsection C of this section.

          B. At a minimum, the board shall make each licensee's profile on the board of osteopathic medical examiners' website searchable by the following factors relating to the licensee:

                (1) name;

                (2) specialty;

                (3) location; and

                (4) license number.

          C. On a publicly accessible website, the board shall post the following information about each licensee in plain language:

                (1) name, including any former names or aliases;

                (2) a photograph that is less than three years old at the time of posting;

                (3) the type of license the licensee holds;

                (4) any specialty of the licensee;

                (5) criminal history;

                (6) any formal disciplinary action, including a link to information relating to each action, taken by:

                     (a) the board, including an explanation of how any disciplinary order affects the licensee's license;

                     (b) a health facility; and

                     (c) an agency of the United States government or a foreign government; and

                (7) the amount of any payment made by or on behalf of the licensee pursuant to a claim of malpractice made against the licensee."

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