SENATE BILL 106
56th legislature - STATE OF NEW MEXICO - first session, 2023
Elizabeth "Liz" Stefanics and Elizabeth "Liz" Thomson
RELATING TO HEALTH CARE; INCLUDING PHYSICIAN ASSISTANTS AND PHARMACISTS IN THE DEFINITION OF "HEALTH CARE PRACTITIONER" FOR THE PURPOSE OF MAKING CERTAIN PROVISIONS IN HEALTH CARE PRACTITIONER AGREEMENTS VOID, UNENFORCEABLE AND AGAINST PUBLIC POLICY; DECLARING AN EMERGENCY.
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, as amended) is amended to read:
"24-1I-1. DEFINITIONS.--As used in 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;
(5) a certified registered nurse anesthetist;
(6) a certified nurse practitioner; [and]
(7) a certified nurse-midwife;
(8) a physician assistant; and
(9) a pharmacist."
SECTION 2. Section 24-1I-5 NMSA 1978 (being Laws 2015, Chapter 96, Section 5, as amended) is amended to read:
A. 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] Subsections C and D of this section, the provisions of 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 [the effective date of this 2017 act] April 6, 2017.
D. For physician assistants and pharmacists, the provisions of Chapter 24, Article 1I NMSA 1978 apply to agreements, or renewals or extensions of agreements, executed on or after the effective date of this 2023 act."
SECTION 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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