SENATE BILL 21

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Gay G. Kernan

AN ACT

RELATING TO HEALTH CARE; AMENDING SECTIONS OF THE HEALTH PROFESSIONAL LOAN REPAYMENT ACT, THE MEDICAL PRACTICE ACT AND THE OSTEOPATHIC MEDICINE ACT TO ESTABLISH DESIGNATED HEALTH PROFESSIONAL LOAN REPAYMENT FUNDING TO ASSIST ALLOPATHIC AND OSTEOPATHIC PRIMARY CARE PHYSICIANS WORKING IN DESIGNATED HEALTH PROFESSIONAL SHORTAGE AREAS; ESTABLISHING PHYSICIAN LICENSING FEES FOR THE HEALTH PROFESSIONAL LOAN REPAYMENT PROGRAM; ENACTING NEW SECTIONS OF THE HEALTH PROFESSIONAL LOAN REPAYMENT ACT TO ESTABLISH THE PHYSICIAN EXCELLENCE FUND; MAKING APPROPRIATIONS.

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

     SECTION 1. Section 21-22D-3 NMSA 1978 (being Laws 1995, Chapter 144, Section 18, as amended) is amended to read:

     "21-22D-3. DEFINITIONS.--As used in the Health Professional Loan Repayment Act:

          A. "department" means the higher education department;

          B. "health professional" means a primary care physician, optometrist, podiatrist, physician's assistant, dentist, nurse, member of an allied health profession as defined in the Allied Health Student Loan for Service Act or a licensed or certified health professional as determined by the department;

          C. "loan" means a grant of money to defray the costs incidental to a health education, under a contract between the federal government or a commercial lender and a health professional, requiring either repayment of principal and interest or repayment in services; [and]

          D. "nurse in advanced practice" means a registered nurse, including a:

                (1) certified nurse practitioner, certified registered nurse anesthetist or clinical nurse specialist, authorized pursuant to the Nursing Practice Act to function beyond the scope of practice of professional registered nursing; or

                (2) certified nurse-midwife licensed by the department of health; and

          E. "primary care physician" means a physician licensed pursuant to the Medical Practice Act or the Osteopathic Medicine Act with specialty training in family medicine, general internal medicine, obstetrics, gynecology or general pediatrics."

     SECTION 2. A new section of the Health Professional Loan Repayment Act is enacted to read:

     "[NEW MATERIAL] PHYSICIAN EXCELLENCE FUND.--The department shall apply funds appropriated to the department from the physician excellence fund established pursuant to Section 3 of this 2019 act exclusively for health professional loan repayment assistance for primary care physicians who are licensed pursuant to the Medical Practice Act or the Osteopathic Medicine Act and who practice in areas of New Mexico that the department has designated as underserved."

     SECTION 3. A new section of the Health Professional Loan Repayment Act is enacted to read:

     "[NEW MATERIAL] PHYSICIAN EXCELLENCE FUND--CREATION-- ADMINISTRATION--APPROPRIATION.--The "physician excellence fund" is created in the state treasury to support awards established through the Health Professional Loan Repayment Act to primary care physicians who practice in areas of New Mexico that the department has designated as underserved. The fund consists of license application and renewal surcharges pursuant to Sections 61-6-19 and 61-10-6.1 NMSA 1978, appropriations, gifts, grants, donations and income from investment of the fund. Any income earned on investment of the fund shall remain in the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The fund shall be administered by the department, and money in the fund is appropriated to the department to make awards established through the Health Professional Loan Repayment Act to primary care physicians who practice in areas of New Mexico that the department has designated as underserved. Disbursements from the fund shall be made only upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's authorized representative."

     SECTION 4. Section 61-6-19 NMSA 1978 (being Laws 1989, Chapter 269, Section 15, as amended) is amended to read:

     "61-6-19. FEES.--

          A. The board shall impose the following fees:

                (1) an application fee not to exceed four hundred dollars ($400) for licensure by endorsement as provided in Section 61-6-13 NMSA 1978;

                (2) an application fee not to exceed four hundred dollars ($400) for licensure by examination as provided in Section 61-6-11 NMSA 1978;

                (3) a triennial renewal fee not to exceed four hundred fifty dollars ($450);

                (4) a fee of twenty-five dollars ($25.00) for placing a physician's license or a physician assistant's license on inactive status;

                (5) a late fee not to exceed one hundred dollars ($100) for physicians who renew their license within forty-five days after the required renewal date;

                (6) a late fee not to exceed two hundred dollars ($200) for physicians who renew their licenses between forty-six and ninety days after the required renewal date;

                (7) a reinstatement fee not to exceed six hundred dollars ($600) for reinstatement of a revoked, suspended or inactive license;

                (8) a reasonable administrative fee for verification and duplication of license or registration and copying of records;

                (9) a reasonable publication fee for the purchase of a publication containing the names of all practitioners licensed under the Medical Practice Act;

                (10) an impaired physician fee not to exceed one hundred fifty dollars ($150) for a three-year period;

                (11) an interim license fee not to exceed one hundred dollars ($100);

                (12) a temporary license fee not to exceed one hundred dollars ($100);

                (13) a postgraduate training license fee not to exceed fifty dollars ($50.00) annually;

                (14) an application fee not to exceed one hundred fifty dollars ($150) for physician assistants applying for initial licensure;

                (15) a licensure fee not to exceed one hundred fifty dollars ($150) for physician assistants biennial license renewal and registration of supervising or collaborating licensed physician;

                (16) a late fee not to exceed fifty dollars ($50.00) for physician assistants who renew their licensure within forty-five days after the required renewal date;

                (17) a late fee not to exceed seventy-five dollars ($75.00) for physician assistants who renew their licensure between forty-six and ninety days after the required renewal date;

                (18) a reinstatement fee not to exceed one hundred dollars ($100) for physician assistants who reinstate an expired license;

                (19) a fee not to exceed three hundred dollars ($300) annually for a physician supervising a clinical pharmacist;

                (20) an application and renewal fee for a telemedicine license not to exceed four hundred dollars ($400);

                (21) a reasonable administrative fee, not to exceed the current cost of application for a license, that may be charged for reprocessing applications and renewals that include minor but significant errors and that would otherwise be subject to investigation and possible disciplinary action; [and]

                (22) a reasonable fee as established by the department of public safety for nationwide and statewide criminal history screening of applicants and licensees; and

                (23) a fee of one hundred dollars ($100) to accompany fees for application for a renewal of physician licensure for deposit in the physician excellence fund pursuant to Section 3 of this 2019 act.

          B. All fees are nonrefundable and shall be used by the board to carry out its duties efficiently."

     SECTION 5. Section 61-6-31 NMSA 1978 (being Laws 1989, Chapter 269, Section 27, as amended) is amended to read:

     "61-6-31. DISPOSITION OF FUNDS--NEW MEXICO MEDICAL BOARD FUND CREATED--METHOD OF PAYMENTS.--

          A. There is created the "New Mexico medical board fund".

          B. Except for funds collected pursuant to Paragraph (23) of Subsection A of Section 61-6-19 NMSA 1978, all funds received by the board and money collected under the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Polysomnography Practice Act, the Impaired Health Care Provider Act and the Naprapathic Practice Act shall be deposited with the state treasurer who shall place the same to the credit of the New Mexico medical board fund.

          C. All payments out of the fund shall be made on vouchers issued and signed by the secretary-treasurer of the board or the designee of the secretary-treasurer upon warrants drawn by the department of finance and administration in accordance with the budget approved by that department.

          D. All amounts in the New Mexico medical board fund shall be subject to the order of the board and shall be used only for the purpose of meeting necessary expenses incurred in:

                (1) the performance of the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Polysomnography Practice Act, the Impaired Health Care Provider Act and the Naprapathic Practice Act and the duties and powers imposed by those acts;

                (2) the promotion of medical education and standards in this state within the budgetary limits; and

                (3) efforts to recruit and retain medical doctors for practice in New Mexico.

          E. All funds that may have accumulated to the credit of the board under any previous law shall be transferred to the New Mexico medical board fund and shall continue to be available for use by the board in accordance with the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Polysomnography Practice Act, the Impaired Health Care Provider Act and the Naprapathic Practice Act. All money unused at the end of the fiscal year shall not revert, but shall remain in the fund for use in accordance with the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act, the Genetic Counseling Act, the Polysomnography Practice Act, the Impaired Health Care Provider Act and the Naprapathic Practice Act."

     SECTION 6. Section 61-10-6.1 NMSA 1978 (being Laws 2016, Chapter 90, Section 7) is amended to read:

     "61-10-6.1. FEES.--The board [may] shall charge the following fees; provided that all fees are nonrefundable and, except for those fees collected pursuant to Paragraph (10) of Subsection A of this section, shall be used by the board to carry out its duties:

          A. pertaining to osteopathic physicians:

                (1) an application fee not to exceed one thousand dollars ($1,000) for triennial licensure of an osteopathic physician pursuant to Section 61-10-12 NMSA 1978;

                (2) a triennial osteopathic physician licensure renewal fee not to exceed one thousand dollars ($1,000);

                (3) a fee not to exceed seventy-five dollars ($75.00) for placing an osteopathic physician license on inactive status;

                (4) a late fee not to exceed:

                     (a) two hundred dollars ($200) for osteopathic physicians who fail to renew their licenses on or before July 1 of the year in which their triennial licenses are due for renewal but who renew on or before September 29 of that year; and

                     (b) four hundred dollars ($400) for osteopathic physicians who renew their licenses after September 29;

                (5) a reinstatement fee not to exceed five hundred dollars ($500) for reinstatement of a revoked, suspended or inactive osteopathic physician license;

                (6) a temporary license fee not to exceed one hundred dollars ($100);

                (7) a [post-graduate] postgraduate osteopathic physician training license fee not to exceed fifty dollars ($50.00);

                (8) an osteopathic physician telemedicine triennial license fee not to exceed four hundred dollars ($400); [and]

                (9) an impaired physician fee not to exceed one hundred dollars ($100); and

                (10) a fee of one hundred dollars ($100) to accompany fees for application for and renewal of osteopathic physician licensure for deposit in the physician excellence fund pursuant to Section 3 of this 2019 act;

          B. pertaining to osteopathic physician assistants:

                (1) a biennial license fee not to exceed four hundred fifty dollars ($450);

                (2) a registration of new supervision fee that is equal to one-half of the biennial license fee for osteopathic physician assistants;

                (3) a late fee not to exceed twenty-five dollars ($25.00) for osteopathic physician assistants who fail to renew their licenses on or before July 1 of the year in which their biennial licenses are due for renewal;

                (4) an impaired osteopathic physician assistant fee not to exceed one hundred dollars ($100); and

                (5) a fee for an osteopathic physician assistant license on inactive status not to exceed seventy-five dollars ($75.00); and

          C. pertaining to osteopathic physician and osteopathic physician assistant licensees or applicants:

                (1) a fee not to exceed five hundred dollars ($500) for reprocessing an application or renewal that includes errors that would otherwise be subject to investigation and possible disciplinary action; and

                (2) a reasonable administrative fee that the board establishes by rule for verification of license, publications and copying charges."