45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO THE NEW MEXICO HEALTH SERVICE CORPS; INCLUDING DENTISTS AND DENTAL HYGIENISTS; CLARIFYING ELIGIBLE PRACTICE SITES; AMENDING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: Section 1. Section 24-1D-2 NMSA 1978 (being Laws 1994, Chapter 63, Section 2) is amended to read:

"24-1D-2. DEFINITIONS.--As used in the Health Service Corps Act:

A. "corps" means the New Mexico health service corps;

B. "dental hygienist" means a person licensed to practice dental hygiene;

C. "dentist" means a person licensed to practice dentistry;

[B.] D. "department" means the department of health;

[C.] E. "health professional" means a physician, dentist, physician assistant, dental hygienist, nurse practitioner, nurse-midwife or emergency medical technician-paramedic;

[D.] F. "physician" means a medical doctor or doctor of osteopathic medicine;

[E.] G. "physician assistant" means a physician assistant or osteopathic physician assistant; and

[F.] H. "practice site" means a public health clinic or [public or private] community-based nonprofit primary care [clinic that is located in] center that serves a state-designated [medically] eligible underserved [area or that serves a high-needs] community or population and that uses a sliding fee scale approved by the department. For nurse-midwives and emergency medical personnel only, "practice site" may also include an appropriate health care facility or system that serves a state-designated eligible underserved community or population and has a formal arrangement for the service that is approved by the department and that assures access to the entire population."

Section 2. Section 24-1D-3 NMSA 1978 (being Laws 1994, Chapter 63, Section 3) is amended to read:

"24-1D-3. NEW MEXICO HEALTH SERVICE CORPS--STAFF--DEPARTMENT POWERS AND DUTIES.--

A. The "New Mexico health service corps" is created in the department to recruit, [and] place and retain health professionals in rural and other [medically] underserved areas. The secretary of health may employ a medical director to head the corps. The medical director may employ support staff and employ or contract with health professional staff. Employees are subject to the provisions of the Personnel Act.

B. The corps has the power to:

(1) enter into contracts to carry out the provisions of the Health Service Corps Act and sue for enforcement of those contracts; and

(2) adopt and file, in accordance with the State Rules Act, rules and regulations to carry out the provisions of the Health Service Corps Act.

C. The corps shall:

(1) recruit health professionals as employees or contractors of the corps;

(2) determine [physician specialties] health professionals to be recruited, with a focus on [family practice physicians] primary care;

(3) establish criteria and procedures for the acceptance of applications and selection of recipients for commitment stipends;

(4) establish criteria and procedures for evaluating and qualifying corps health professionals;

(5) determine and maintain a list of eligible communities and practice sites;

(6) determine the need for health professionals at each practice site and assign staff as needed on a priority basis;

(7) provide support for health [professionals] professional recruitment, placement and retention at practice sites;

(8) work closely with the commission on higher education and the educational assistance foundation to coordinate the use of health professionals who have practice obligations pursuant to the Medical Student Loan for Service Act, the Osteopathic Medical Student Loan for Service Act or the Nursing Student Loan for Service Act;

(9) work with the university of New Mexico school of medicine, college of nursing, the emergency medical services academy and any other entity to identify students or residents who qualify for the corps; and

(10) establish accounting and auditing procedures to account for all money paid to health professionals or received from communities and practice sites."

Section 3. Section 24-1D-6 NMSA 1978 (being Laws 1994, Chapter 63, Section 6) is amended to read:

"24-1D-6. EVALUATIONS PRIOR TO CORPS SERVICE--STIPEND PAYBACK.--

A. All corps health professionals shall be licensed or certified to practice in New Mexico. If the corps determines that a person does not meet the corps' standards for service, that person shall not serve as a corps health professional.

B. Prior to service, the corps [shall] may evaluate every student and resident to whom commitment stipends have been paid. Evaluations shall continue during service. Evaluations shall include grades; licensing test scores; recommendations of professors, professional mentors and co-workers; and other factors the corps determines by regulation to be pertinent to ensuring the provision of quality health care through the corps.

C. If a person to whom a commitment stipend has been paid does not qualify for service, he shall pay back the total stipend on terms and conditions set forth in the contract with the corps. If a person to whom a commitment stipend has been paid is serving in the corps and he is deemed unsatisfactory, he shall pay back the amount of stipend determined by formula to be owed pursuant to terms and conditions set forth in the contract with the corps.

D. If a person to whom a commitment stipend has been paid qualifies for service, he may pay back the stipend through service in a [community specified] practice site approved by the department under conditions approved by the department even if he is not an employee or contractor of the corps."

Section 4. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund to the department of health for expenditure in fiscal years 2003 and 2004 to develop and implement a New Mexico health service corps dentist and dental hygienist recruitment program to provide dental services in medically underserved areas. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.