NM
New Mexico House Bill HB209

New Mexico 2023 Regular Session

New Mexico House Bill HB209 Compare Versions

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1-HB 209
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28+HOUSE BILL 209
29+56
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2023
46+INTRODUCED BY
47+Kristina Ortez and Gail Armstrong and Joshua N. Hernandez
2848 AN ACT
2949 RELATING TO STUDENT LOANS; AMENDING THE HEALTH PROFESSIONAL
3050 LOAN REPAYMENT ACT TO UPDATE THE REQUIREMENTS FOR RECEIVING
3151 LOAN REPAYMENT.
3252 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3353 SECTION 1. Section 21-22D-3 NMSA 1978 (being Laws 1995,
3454 Chapter 144, Section 18, as amended) is amended to read:
3555 "21-22D-3. DEFINITIONS.--As used in the Health
3656 Professional Loan Repayment Act:
3757 A. "department" means the higher education
3858 department;
39-B. "health professional" means a physician,
40-optometrist, podiatrist, physician's assistant, dentist,
41-nurse, member of an allied health profession as defined in
42-the Allied Health Student Loan for Service Act or a licensed
43-or certified health professional as determined by the
44-department;
45-C. "loan" means a grant of money to defray the
46-costs incidental to a health education, under a contract
47-between the federal government or a commercial lender and a
48-health professional, requiring either repayment of principal
49-and interest or repayment in services;
50-D. "nurse in advanced practice" means a registered
51-nurse, including a: HB 209
52-Page 2
59+B. "health professional" means a [primary care ]
60+physician, optometrist, podiatrist, physician's assistant,
61+dentist, nurse, member of an allied health profession as
62+defined in the Allied Health Student Loan for Service Act or a
63+.224084.1 underscored material = new
64+[bracketed material] = delete
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90+licensed or certified health professional as determined by the
91+department;
92+C. "loan" means a grant of money to defray the
93+costs incidental to a health education, under a contract
94+between the federal government or a commercial lender and a
95+health professional, requiring either repayment of principal
96+and interest or repayment in services;
97+D. "nurse in advanced practice" means a registered
98+nurse, including a:
7899 (1) certified nurse practitioner, certified
79100 registered nurse anesthetist or clinical nurse specialist,
80101 authorized pursuant to the Nursing Practice Act to function
81102 beyond the scope of practice of professional registered
82103 nursing; or
83104 (2) certified nurse-midwife licensed by the
84105 department of health; and
85106 E. "osteopathic primary care physician" means an
86-osteopathic physician licensed pursuant to the Medical
87-Practice Act with specialty training in family medicine,
88-general internal medicine, obstetrics, gynecology or general
107+osteopathic physician licensed pursuant to the Medical Practice
108+Act with specialty training in family medicine, general
109+internal medicine, obstetrics, gynecology or general
89110 pediatrics."
90111 SECTION 2. Section 21-22D-6 NMSA 1978 (being Laws 1995,
91112 Chapter 144, Section 21, as amended) is amended to read:
92113 "21-22D-6. AWARD CRITERIA--CONTRACT TERMS--PAYMENT.--
93114 A. Prior to receiving an award, the health
94-professional shall file with the higher education department
95-a declaration of intent to practice as a health professional
96-in areas of New Mexico designated as underserved by the
97-department. The department shall consult with the department
98-of health when designating areas as underserved.
99-B. Award criteria shall provide that:
100-(1) amounts shall be dependent upon the
101-location of the practice, the applicant's total health
102-professional education indebtedness and characteristics of HB 209
103-Page 3
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129-the practice;
143+professional shall file with the higher education department a
144+declaration of intent to practice as a health professional in
145+areas of New Mexico designated as underserved by the
146+department. The department shall consult with the department
147+of health when designating areas as underserved.
148+B. Award criteria shall provide that:
149+(1) amounts shall be dependent upon the
150+location of the practice, the applicant's total health
151+professional education indebtedness and characteristics of the
152+practice;
130153 (2) preference in making awards shall be to
131-individuals who have graduated from a New Mexico post-
132-secondary educational institution;
154+individuals who have graduated from a New Mexico post-secondary
155+educational institution;
133156 (3) recruitment awards shall be made to
134157 eligible participants who agree to relocate to an approved
135158 designated area;
136159 (4) highest priority shall be given to
137-participants in practices in which health profession
138-vacancies are difficult to fill, practices that require after
139-hours call at least every other night and practices that have
140-heavy obstetrical responsibilities;
160+participants in practices in which health profession vacancies
161+are difficult to fill, practices that require after hours call
162+at least every other night and practices that have heavy
163+obstetrical responsibilities;
141164 (5) award amounts may be modified based upon
142165 available funding or other special circumstances; and
143166 (6) an award shall not exceed the total
144167 medical education indebtedness of any participant.
145-C. The following education debts are not eligible
146-for repayment pursuant to the Health Professional Loan
147-Repayment Act:
148-(1) amounts incurred as a result of
149-participation in state loan-for-service programs or other
150-state programs whose purpose states that service be provided
151-in exchange for financial assistance;
152-(2) scholarships that have a service
153-component or obligation; HB 209
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180-(3) personal loans from friends or
181-relatives; and
196+C. The following education debts are not eligible
197+for repayment pursuant to the Health Professional Loan
198+Repayment Act:
199+(1) amounts incurred as a result of
200+participation in state loan-for-service programs or other state
201+programs whose purpose states that service be provided in
202+exchange for financial assistance;
203+(2) scholarships that have a service component
204+or obligation;
205+(3) personal loans from friends or relatives;
206+and
182207 (4) loans that exceed individual standard
183208 school expense levels.
184-D. The loan repayment award shall be evidenced by
185-a contract between the health professional and the department
186-acting on behalf of the state. The contract shall provide
187-for the payment by the state of a stated sum to the health
209+D. The loan repayment award shall be evidenced by a
210+contract between the health professional and the department
211+acting on behalf of the state. The contract shall provide for
212+the payment by the state of a stated sum to the health
188213 professional's debtors and shall state the obligations of the
189214 health professional under the program, including a minimum
190-three-year period of service, quarterly reporting
191-requirements and other policies established by the
192-department.
215+[two-year] three-year period of service, quarterly reporting
216+requirements and other policies established by the department.
193217 E. Recipients shall serve a complete year in order
194-to receive credit for that year. The minimum credit for a
195-year shall be established by the department.
218+to receive credit for that year. The minimum credit for a year
219+shall be established by the department.
196220 F. If a health professional does not comply with
197-the terms of the contract, the department shall assess a
198-penalty of up to three times the amount of award disbursed
199-plus eighteen percent interest, unless the department finds
200-acceptable extenuating circumstances for why the health
201-professional cannot serve or comply with the terms of the
202-contract. If the department does not find acceptable
203-extenuating circumstances for the health professional's
204-failure to comply with the contract, the department shall HB 209
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231-require immediate repayment plus the amount of the penalty.
249+the terms of the contract, the department shall assess a
250+penalty of up to three times the amount of award disbursed plus
251+eighteen percent interest, unless the department finds
252+acceptable extenuating circumstances for why the health
253+professional cannot serve or comply with the terms of the
254+contract. If the department does not find acceptable
255+extenuating circumstances for the health professional's failure
256+to comply with the contract, the department shall require
257+immediate repayment plus the amount of the penalty.
232258 G. The department shall adopt regulations to
233259 implement the provisions of this section. The regulations may
234260 provide for the disbursement of loan repayment awards to the
235261 lenders of health professionals in annual or other periodic
236262 installments."
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