SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILLS 82 & 128

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

 

 

 

 

 

 

 

AN ACT

RELATING TO HEALTH CARE; MAKING CERTAIN PROVISIONS IN HEALTH CARE PRACTITIONER AGREEMENTS VOID, UNENFORCEABLE AND AGAINST PUBLIC POLICY; INCLUDING CERTIFIED NURSE PRACTITIONERS AND CERTIFIED NURSE-MIDWIVES IN THE DEFINITION OF "HEALTH CARE PRACTITIONER".

 

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

     SECTION 1. Section 24-1I-1 NMSA 1978 (being Laws 2015, Chapter 96, Section 1) is amended to read:

     "24-1I-1. DEFINITIONS.--As used in [this act] Chapter 24, Article 1I NMSA 1978:

          A. "agreement" means a written contract to which a health care practitioner is a party; and

          B. "health care practitioner" means:

                (1) a dentist;

                (2) an osteopathic physician;

                (3) a physician;

                (4) a podiatrist; [and]

                (5) a certified registered nurse anesthetist;

                (6) a certified nurse practitioner; and

                (7) a certified nurse-midwife."

     SECTION 2. 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 3. 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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