SENATE BILL 349

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

INTRODUCED BY

Mark Moores

 

 

 

 

 

AN ACT

RELATING TO PROFESSIONAL LICENSURE; ENACTING NEW SECTIONS OF THE MEDICAL PRACTICE ACT AND THE OSTEOPATHIC MEDICINE ACT TO PROVIDE A TEMPORARY EXEMPTION TO LICENSURE REQUIREMENTS TO VISITING PHYSICIANS WHO PROVIDE CARE TO OUT-OF-STATE SPORTS TEAM MEMBERS AND STAFF DURING SPORTING EVENTS.

 

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

     SECTION 1. A new section of the Medical Practice Act is enacted to read:

     "[NEW MATERIAL] TEMPORARY LICENSURE EXEMPTION--OUT-OF-STATE PHYSICIANS--OUT-OF-STATE SPORTS TEAMS.--

          A. An individual who is licensed in good standing to practice medicine and surgery in another state, and whom the board has not previously found to have violated a provision of the Medical Practice Act, may practice medicine without a license granted by the board if the individual has a written agreement with an out-of-state sports team to provide care to team members and staff traveling with the team for a specific sporting event to take place in this state; provided that:

                (1) the individual has a written agreement with the out-of-state sports team governing body to provide health care services to an out-of-state sports team athlete or staff member at a scheduled sporting event;

                (2) the individual's practice is limited to medical care to assist injured and ill players and coordinate appropriate referral to in-state health care providers as needed;

                (3) the services to be provided by the individual are within the scope of practice authorized pursuant to the Medical Practice Act and rules of the board;

                (4) the individual has professional liability coverage for the duration of the sporting event;

                (5) the individual shall not:

                     (a) provide care or consultation to a resident of this state, other than a member of the out-of-state sports team during a sporting event; or

                     (b) practice medicine in the state, outside of the sporting event;

                (6) the authorization to practice without a board-issued license pursuant to this section shall be valid only during the time of the sporting event, while the individual granted the authorization is providing care to the out-of-state sports team, and is limited to the duration of the sporting event;

                (7) the individual or out-of-state sports team shall report to the board any potential:

                     (a) medical license violation;

                     (b) practice negligence; or

                     (c) unprofessional or dishonorable conduct, as those terms are defined in board rules;

                (8) the individual's practice of medicine and surgery pursuant to this section shall be subject to board oversight, investigation and discipline in accordance with the provisions of the Medical Practice Act; and

                (9) the board may report to a licensing board in a state in which an individual practicing medicine or surgery pursuant to this section is licensed to practice medicine and surgery any findings it makes pursuant to an investigation or disciplinary action that the board undertakes.

          B. The board shall adopt and promulgate rules to implement the provisions of this section.

          C. As used in this section:

                (1) "out-of-state sports team" means an entity or organization:

                     (a) for which athletes engage in a sporting event;

                     (b) headquartered or organized under laws other than the laws of New Mexico; and

                     (c) a majority of whose staff and athletes are residents of another state; and

                (2) "sporting event" means a scheduled sporting event involving an out-of-state sports team for which an admission fee is charged to the public, including any preparation or practice related to the activity."

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

     "[NEW MATERIAL] TEMPORARY LICENSURE EXEMPTION--OUT-OF-STATE OSTEOPATHIC PHYSICIANS--OUT-OF-STATE SPORTS TEAMS.--

          A. An individual who is licensed in good standing to practice osteopathic medicine in another state and whom the board has not previously found to have violated a provision of the Osteopathic Medicine Act, may practice osteopathic medicine without a license granted by the board if the individual has a written agreement with an out-of-state sports team to provide care to team members and staff traveling with the team for a specific sporting event to take place in this state; provided that:

                (1) the individual has a written agreement with the out-of-state sports team governing body to provide health care services to an out-of-state sports team athlete or staff member at a scheduled sporting event;

                (2) the individual's practice is limited to medical care to assist injured and ill players and coordinate appropriate referral to in-state health care providers as needed;

                (3) the services to be provided by the individual are within the scope of practice authorized pursuant to the Osteopathic Medicine Act and rules of the board;

                (4) the individual has professional liability coverage for the duration of the sporting event;

                (5) the individual shall not:

                     (a) provide care or consultation to a resident of this state, other than a member of the out-of-state sports team during a sporting event; or

                     (b) practice medicine in the state, outside of the sporting event;

                (6) the authorization to practice without a board-issued license pursuant to this section shall be valid only during the time of the sporting event, while the individual granted the authorization is providing care to the out-of-state sports team, and is limited to the duration of the sporting event;

                (7) the individual and the out-of-state sports team shall report to the board any potential osteopathic medical license violations or practice negligence;

                (8) the individual's practice of osteopathic medicine pursuant to this section shall be subject to board oversight, investigation and discipline in accordance with the provisions of the Osteopathic Medicine Act; and

                (9) the board may report to a licensing board in a state in which an individual practicing medicine or surgery pursuant to this section is licensed to practice medicine and surgery any findings it makes pursuant to an investigation or disciplinary action that the board undertakes.

          B. The board shall adopt and promulgate rules to implement the provisions of this section.

          C. As used in this section:

                (1) "out-of-state sports team" means an entity or organization:

                     (a) for which athletes engage in a sporting event;

                     (b) headquartered or organized under laws other than the laws of New Mexico; and

                     (c) a majority of whose staff and athletes are residents of another state; and

                (2) "sporting event" means a scheduled sporting event involving an out-of-state sports team for which an admission fee is charged to the public, including any preparation or practice related to the activity."

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