0001|                           HOUSE BILL 1261
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          J. "ANDY" KISSNER
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO HEALTH CARE PROFESSIONALS; PROVIDING IMMUNITY FROM
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0012|     MALPRACTICE CLAIMS FOR SERVICES TO CERTAIN CHARITABLE
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0013|     ORGANIZATIONS.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  RETIRED HEALTH CARE PROFESSIONALS--IMMUNITY
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0017|     FROM LIABILITY--CHARITABLE SERVICES.--
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0018|               A.  A retired health care professional who provides
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0019|     health care services for a charitable organization without

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0020|     receiving anything of monetary value, other than reimbursement
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0021|     of actual out-of-pocket expenses, shall be immune from
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0022|     liability for professional errors and omissions within the
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0023|     scope of such services.
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0024|               B.  As used in this section:
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0025|                    (1)  "charitable organization" means any trust,
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0001|     nonprofit corporation or other form of legal entity that:
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0002|                         (a)  has applied for or has received tax-
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0003|     exempt status under Section 503(c)(3) of the federal Internal
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0004|     Revenue Code; and
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0005|                         (b)  does business in this state or holds
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0006|     property in this state for charitable purposes; and
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0007|                    (2)  "retired health care professional" means
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0008|     an individual who has a valid current license in good standing
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0009|     to practice a health care profession pursuant to Chapter 61,
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0010|     Articles 2 through 5A, 6, 8 through 10, 11 or 14A NMSA 1978,
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0011|     and who is not engaged regularly in the practice of the
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0012|     profession for compensation. 
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0013|                              
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