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HOUSE BILL 366
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Gail Armstrong
AN ACT
RELATING TO EMPLOYMENT; INCLUDING VETERINARIANS 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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 24A-4-1 NMSA 1978 (being Laws 2015,
Chapter 96, Section 1, as amended) is amended to read:
"24A-4-1. DEFINITIONS.--As used in [Chapter 24, Article
1I] Chapter 24A, Article 4 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;
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(3) a physician;
(4) a [podiatrist] podiatric physician ;
(5) a certified registered nurse anesthetist;
(6) a certified nurse practitioner;
(7) a certified nurse-midwife;
(8) a psychologist;
(9) a physician assistant; [and ]
(10) a pharmacist; and
(11) a veterinarian."
SECTION 2. Section 24A-4-5 NMSA 1978 (being Laws 2015,
Chapter 96, Section 5, as amended) is amended to read:
"24A-4-5. APPLICABILITY.--
A. Chapter [24] 24A, Article [1I] 4 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 Subsections C [and D ]
through E of this section, the provisions of Chapter [24 ] 24A,
Article [1I] 4 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] 24A-4-2 NMSA 1978 apply to agreements, or renewals or
extensions of agreements, executed on or after April 6, 2017.
D. For psychologists, physician assistants and
pharmacists, the provisions of Chapter [24 ] 24A, Article [1I] 4
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NMSA 1978 apply to agreements, or renewals or extensions of
agreements, executed on or after [the effective date of this
2023 act] April 4, 2023.
E. For veterinarians, the provisions of Chapter
24A, Article 4 NMSA 1978 apply to agreements or renewals or
extensions of agreements executed on or after the effective
date of this 2025 act. "
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