SENATE BILL 127
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Steve Komadina
AN ACT
RELATING TO THE NEW MEXICO MEDICAL BOARD; PERMITTING THE NEW MEXICO MEDICAL BOARD TO WAIVE LICENSURE FEES TO RECRUIT AND RETAIN MEDICAL DOCTORS FOR PRACTICE IN THE STATE; EXTENDING THE SUNSET FOR THE NEW MEXICO MEDICAL BOARD AND THE MEDICAL PRACTICE ACT; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 61-6-5 NMSA 1978 (being Laws 1973, Chapter 361, Section 2, as amended) is amended to read:
"61-6-5. DUTIES AND POWERS.--The board shall:
A. enforce and administer the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act and the Impaired Health Care Provider Act;
B. adopt, publish and file, in accordance with the Uniform Licensing Act and the State Rules Act, all rules for the implementation and enforcement of the provisions of the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act and the Impaired Health Care Provider Act;
C. adopt and use a seal;
D. administer oaths to all applicants, witnesses and others appearing before the board, as appropriate;
E. take testimony on matters within the board's jurisdiction;
F. keep an accurate record of all its meetings, receipts and disbursements;
G. maintain records in which the name, address and license number of all licensees shall be recorded, together with a record of all license renewals, suspensions, revocations, probations, stipulations, censures, reprimands and fines;
H. grant, deny, review, suspend and revoke licenses to practice medicine and censure, reprimand, fine and place on probation and stipulation licensees and applicants in accordance with the Uniform Licensing Act for any cause stated in the Medical Practice Act and the Impaired Health Care Provider Act;
I. hire staff and administrators as necessary to carry out the provisions of the Medical Practice Act;
J. have the authority to hire or contract with investigators to investigate possible violations of the Medical Practice Act;
K. have the authority to hire a competent attorney to give advice and counsel in regard to any matter connected with the duties of the board, to represent the board in any legal proceedings and to aid in the enforcement of the laws in relation to the medical profession and to fix the compensation to be paid to such attorney; provided, however, that such attorney shall be compensated from the funds of the board;
L. establish continuing medical education requirements for licensed physicians and continuing education requirements for physician assistants;
M. establish committees as it deems necessary for carrying on its business;
N. hire or contract with a licensed physician to serve as medical director and fulfill specified duties of the secretary-treasurer; [and]
O. establish and maintain rules related to the management of pain based on review of national standards for pain management; and
P. have the authority to waive licensure fees for the purpose of medical doctor recruitment and retention."
Section 2. 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. All funds received by the board and money collected under the Medical Practice Act, the Physician Assistant Act, the Anesthesiologist Assistants Act and the Impaired Health Care Provider 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 and the Impaired Health Care Provider Act and the duties and powers imposed by those acts; [and]
(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 and the Impaired Health Care Provider 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 and the Impaired Health Care Provider Act."
Section 3. Section 61-6-35 NMSA 1978 (being Laws 1979, Chapter 40, Section 2, as amended) is amended to read:
"61-6-35. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The New Mexico medical board [of medical examiners] is terminated on July 1, [2009] 2015 pursuant to the Sunset Act. The board shall continue to operate according to the provisions of the Medical Practice Act until July 1, [2010] 2016. Effective July 1, [2010] 2016, the Medical Practice Act is repealed."
Section 4. APPROPRIATION.--Eighty thousand dollars ($80,000) is appropriated from the general fund to the New Mexico medical board for expenditure in fiscal year 2009 and subsequent fiscal years to support a program that would waive the application fees for licensure for medical doctors who apply to New Mexico as their first state of licensure. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall not revert the general fund.
- 6 -