New Mexico 2025 Regular Session

New Mexico Senate Bill SB172 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 underscored material = new
22 [bracketed material] = delete
33 1
44 2
55 3
66 4
77 5
88 6
99 7
1010 8
1111 9
1212 10
1313 11
1414 12
1515 13
1616 14
1717 15
1818 16
1919 17
2020 18
2121 19
2222 20
2323 21
2424 22
2525 23
2626 24
2727 25
2828 SENATE BILL 172
2929 57
3030 TH LEGISLATURE
3131 -
3232
3333 STATE
3434
3535 OF
3636
3737 NEW
3838
3939 MEXICO
4040
4141 -
4242 FIRST SESSION
4343 ,
4444
4545 2025
4646 INTRODUCED BY
4747 Linda M. Trujillo and Cindy Nava and D. Wonda Johnson
4848 and Janelle Anyanonu
4949 AN ACT
5050 RELATING TO HEALTH CARE; INCREASING THE STATE'S HEALTH CARE
5151 WORKFORCE BY ENACTING THE IMMIGRANT HEALTH CARE WORKFORCE
5252 DEVELOPMENT ACT; PROVIDING FOR AN IMMIGRANT HEALTH CARE
5353 PROFESSIONAL ACCELERATION PROGRAM; PROVIDING FOR AN IMMIGRANT
5454 PRIMARY CARE PHYSICIAN READINESS PATHWAY; PROVIDING FOR AN
5555 IMMIGRANT PRIMARY CARE RESIDENCY GRANT PROGRAM; CREATING THE
5656 IMMIGRANT HEALTH CARE WORKFORCE DEVELOPMENT FUND; CREATING THE
5757 IMMIGRANT HEALTH CARE WORKFORCE ADVISORY GROUP; AMENDING
5858 DEFINITIONS IN THE MEDICAL PRACTICE ACT; MAKING AN
5959 APPROPRIATION.
6060 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
6161 SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
6262 through 9 of this act may be cited as the "Immigrant Health
6363 Care Workforce Development Act".
6464 .229694.1SA underscored material = new
6565 [bracketed material] = delete
6666 1
6767 2
6868 3
6969 4
7070 5
7171 6
7272 7
7373 8
7474 9
7575 10
7676 11
7777 12
7878 13
7979 14
8080 15
8181 16
8282 17
8383 18
8484 19
8585 20
8686 21
8787 22
8888 23
8989 24
9090 25
9191 SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
9292 Immigrant Health Care Workforce Development Act:
9393 A. "accrediting council" means the accreditation
9494 council for graduate medical education;
9595 B. "department" means the workforce solutions
9696 department;
9797 C. "immigrant" means an individual who was born
9898 outside of the United States, who resides permanently in the
9999 United States and who is authorized to work in the United
100100 States under federal laws and regulations;
101101 D. "participant" means an underemployed immigrant
102102 health care worker who is participating in the immigrant health
103103 care professional acceleration program;
104104 E. "primary care physician" means a physician
105105 licensed in New Mexico to practice general family medicine,
106106 general internal medicine, obstetrics and gynecology or general
107107 pediatric medicine;
108108 F. "prior foreign health care experience" means
109109 training or experience in a broadly recognized health care
110110 field that is attained outside of the United States and Canada,
111111 including at least twelve months of educational or vocational
112112 training or at least twenty-four months of clinical work
113113 experience;
114114 G. "qualified international medical graduate" means
115115 a physician who has a medical degree or qualification from a
116116 .229694.1SA
117117 - 2 - underscored material = new
118118 [bracketed material] = delete
119119 1
120120 2
121121 3
122122 4
123123 5
124124 6
125125 7
126126 8
127127 9
128128 10
129129 11
130130 12
131131 13
132132 14
133133 15
134134 16
135135 17
136136 18
137137 19
138138 20
139139 21
140140 22
141141 23
142142 24
143143 25
144144 medical school located outside of the United States and Canada
145145 that is recognized by the world health organization or the
146146 world directory of medical schools;
147147 H. "secretary" means the secretary of workforce
148148 solutions;
149149 I. "underemployed immigrant health care worker"
150150 means an individual who is an immigrant and who has prior
151151 foreign health care education or experience, is unemployed or
152152 is not working in health care or is working in health care in a
153153 position with a scope of practice below the individual's
154154 highest level of foreign health care experience or licensure;
155155 and
156156 J. "underserved community" means a New Mexico area
157157 or population included in the list of designated primary
158158 medical care health professional shortage areas, medically
159159 underserved areas or medically underserved populations
160160 maintained and updated by the United States department of
161161 health and human services or by any applicable state equivalent
162162 thereof.
163163 SECTION 3. [NEW MATERIAL] IMMIGRANT HEALTH CARE
164164 PROFESSIONAL ACCELERATION PROGRAM--PARTICIPANT SUPPORT--PRIMARY
165165 CARE PHYSICIAN READINESS PATHWAY.--
166166 A. The department shall establish and maintain an
167167 immigrant health care professional acceleration program to
168168 support underemployed immigrant health care workers. The
169169 .229694.1SA
170170 - 3 - underscored material = new
171171 [bracketed material] = delete
172172 1
173173 2
174174 3
175175 4
176176 5
177177 6
178178 7
179179 8
180180 9
181181 10
182182 11
183183 12
184184 13
185185 14
186186 15
187187 16
188188 17
189189 18
190190 19
191191 20
192192 21
193193 22
194194 23
195195 24
196196 25
197197 program shall provide participants:
198198 (1) educational and career navigation,
199199 including:
200200 (a) information on training and
201201 licensing requirements;
202202 (b) guidance in determining the pathway
203203 best suited for a participant based on the participant's
204204 skills, experience, resources and interests;
205205 (c) information and guidance regarding
206206 funding sources for training and education; and
207207 (d) information regarding practice areas
208208 for careers as physicians, nurses, physician assistants or
209209 other health care professionals;
210210 (2) training and funding for that training to
211211 support and facilitate participants who identify a need to
212212 acquire medical English proficiency;
213213 (3) support with integration into the New
214214 Mexico community and labor force, including peer group support
215215 and professional associations;
216216 (4) training and funding for that training for
217217 participants to become familiar with using medical information
218218 technologies, including acquiring and updating contemporary
219219 computer skills and the use of electronic health record
220220 technologies;
221221 (5) training and funding for that training to
222222 .229694.1SA
223223 - 4 - underscored material = new
224224 [bracketed material] = delete
225225 1
226226 2
227227 3
228228 4
229229 5
230230 6
231231 7
232232 8
233233 9
234234 10
235235 11
236236 12
237237 13
238238 14
239239 15
240240 16
241241 17
242242 18
243243 19
244244 20
245245 21
246246 22
247247 23
248248 24
249249 25
250250 improve participants' knowledge, familiarity and skills in the
251251 use of health care and health insurance systems used by health
252252 care professionals and health care-related entities in New
253253 Mexico and the United States;
254254 (6) support and guidance to acquire, develop
255255 and expand applicable foundational skills the department may
256256 identify as necessary or appropriate;
257257 (7) financial support, contingent on the
258258 availability of funds, including stipends and reimbursements
259259 for travel costs, test fees or test preparation costs and other
260260 costs or expenses identified by the department as critical to
261261 participants' successful completion of the program; and
262262 (8) support to become credentialed, certified,
263263 licensed or registered by the appropriate state licensing
264264 authorities applicable to each participant's chosen health care
265265 career, including assistance with preparation for required
266266 licensing examinations and financial assistance for related
267267 fees.
268268 B. In administering the immigrant health care
269269 professional acceleration program, the department shall partner
270270 with a licensed health care provider in New Mexico for the
271271 development and operation of an immigrant primary care
272272 physician readiness pathway for qualified immigrant
273273 international medical graduates seeking to become licensed
274274 primary care physicians in New Mexico. The pathway shall be
275275 .229694.1SA
276276 - 5 - underscored material = new
277277 [bracketed material] = delete
278278 1
279279 2
280280 3
281281 4
282282 5
283283 6
284284 7
285285 8
286286 9
287287 10
288288 11
289289 12
290290 13
291291 14
292292 15
293293 16
294294 17
295295 18
296296 19
297297 20
298298 21
299299 22
300300 23
301301 24
302302 25
303303 designed to:
304304 (1) prepare participants to enter a United
305305 States residency program in a primary care specialty in a
306306 clinical readiness program to last no less than six months and
307307 not to exceed twelve months;
308308 (2) prepare participants to take the
309309 Comprehensive Osteopathic Medical Licensing Examination of the
310310 United States, United States Medical Licensing Examination or
311311 other examinations necessary upon completion of a residency
312312 program to obtain a license to practice as a primary care
313313 physician in New Mexico; and
314314 (3) provide stipends or other support for
315315 participants while the participants are not employed full-time
316316 and for a period of time determined as necessary and reasonable
317317 by the department.
318318 SECTION 4. [NEW MATERIAL] IMMIGRANT HEALTH CARE
319319 PROFESSIONAL ACCELERATION PROGRAM--ELIGIBILITY--UNDERSERVED
320320 COMMUNITIES RULES--PRIMARY CARE PHYSICIAN--READINESS PATHWAY--
321321 ELIGIBILITY.--
322322 A. To be eligible to participate in the immigrant
323323 health care professional acceleration program, an underemployed
324324 immigrant health care worker shall:
325325 (1) not be present in the United States on a
326326 J1 visa following acceptance into a United States medical
327327 residency or fellowship program;
328328 .229694.1SA
329329 - 6 - underscored material = new
330330 [bracketed material] = delete
331331 1
332332 2
333333 3
334334 4
335335 5
336336 6
337337 7
338338 8
339339 9
340340 10
341341 11
342342 12
343343 13
344344 14
345345 15
346346 16
347347 17
348348 18
349349 19
350350 20
351351 21
352352 22
353353 23
354354 24
355355 25
356356 (2) not be present in the United States on a
357357 non-immigrant employment-based visa;
358358 (3) have prior foreign health care experience;
359359 (4) be a New Mexico resident during program
360360 participation; and
361361 (5) commit to living in New Mexico and working
362362 in one of New Mexico's underserved communities post-licensure
363363 for a period of time that is the longer of:
364364 (a) at least one year; or
365365 (b) a period of time commensurate with
366366 the level of financial support received by the participant, not
367367 to exceed three years.
368368 B. The department shall promulgate rules and
369369 methods to identify and evaluate rural or underserved
370370 communities where program participants can live and work while
371371 providing primary care medical services to those communities.
372372 C. To be eligible to participate in the immigrant
373373 primary care physician readiness pathway, a qualified immigrant
374374 international medical graduate shall:
375375 (1) receive a certificate of acceleration
376376 program completion based on that individual's skills,
377377 participation, experience and other prerequisites set by the
378378 department, as demonstrated during the individual's
379379 participation in the immigrant health care professional
380380 acceleration program;
381381 .229694.1SA
382382 - 7 - underscored material = new
383383 [bracketed material] = delete
384384 1
385385 2
386386 3
387387 4
388388 5
389389 6
390390 7
391391 8
392392 9
393393 10
394394 11
395395 12
396396 13
397397 14
398398 15
399399 16
400400 17
401401 18
402402 19
403403 20
404404 21
405405 22
406406 23
407407 24
408408 25
409409 (2) have attained educational commission for
410410 foreign medical graduates certification, a substantially
411411 similar certification or a generally recognized and accepted
412412 alternative evaluation of medical training as approved by the
413413 department;
414414 (3) have completed a post-graduate training
415415 program in a country outside of the United States and Canada
416416 that is substantially similar to a United States residency
417417 program accredited by the accrediting council;
418418 (4) have been licensed to practice medicine in
419419 a country other than the United States or Canada for at least
420420 three years; and
421421 (5) commit to practicing as a primary care
422422 physician for three years in an underserved community in New
423423 Mexico post-licensure, not including time spent participating
424424 in a New Mexico residency program, which service shall be
425425 counted as served concurrently with any other commitment for
426426 service in an underserved community in New Mexico accrued
427427 during participation in the immigrant health care professional
428428 acceleration program.
429429 SECTION 5. [NEW MATERIAL] IMMIGRANT HEALTH CARE
430430 PROFESSIONAL ACCELERATION PROGRAM--IMMIGRANT PRIMARY CARE
431431 PHYSICIAN READINESS PATHWAY--PARTICIPATION SELECTION
432432 CRITERIA.--The department shall establish criteria for
433433 selection of individuals to participate in the immigrant health
434434 .229694.1SA
435435 - 8 - underscored material = new
436436 [bracketed material] = delete
437437 1
438438 2
439439 3
440440 4
441441 5
442442 6
443443 7
444444 8
445445 9
446446 10
447447 11
448448 12
449449 13
450450 14
451451 15
452452 16
453453 17
454454 18
455455 19
456456 20
457457 21
458458 22
459459 23
460460 24
461461 25
462462 care professional acceleration program and the immigrant
463463 primary care physician readiness pathway. In addition to
464464 meeting the educational and professional experience
465465 requirements, other participant eligibility criteria for
466466 selection shall include an underemployed immigrant health care
467467 worker's:
468468 A. demonstrated interest in serving in one of New
469469 Mexico's underserved communities;
470470 B. personal connections or ties to New Mexico;
471471 C. experience, skills or cultural competencies
472472 required in New Mexico's health care workforce; and
473473 D. education, experience or skills in areas of
474474 practice that are in-demand statewide or in a county or region
475475 within New Mexico, according to available labor market
476476 information.
477477 SECTION 6. [NEW MATERIAL] IMMIGRANT PRIMARY CARE
478478 RESIDENCY GRANT.--
479479 A. The department, in partnership with
480480 department-approved health care education programs, shall
481481 establish and maintain an immigrant primary care residency
482482 grant to support primary care residency positions in New Mexico
483483 designated for eligible qualified immigrant international
484484 medical graduates.
485485 B. To be eligible to receive grant funding, a
486486 health care education program applicant shall:
487487 .229694.1SA
488488 - 9 - underscored material = new
489489 [bracketed material] = delete
490490 1
491491 2
492492 3
493493 4
494494 5
495495 6
496496 7
497497 8
498498 9
499499 10
500500 11
501501 12
502502 13
503503 14
504504 15
505505 16
506506 17
507507 18
508508 19
509509 20
510510 21
511511 22
512512 23
513513 24
514514 25
515515 (1) be a medical education program in a
516516 program approved by the accrediting council as provided in the
517517 Immigrant Health Care Workforce Development Act;
518518 (2) be located in New Mexico; and
519519 (3) identify each qualified immigrant
520520 international medical graduate designated to fill a funded
521521 primary care residency position.
522522 C. As a condition of grant approval, each grant
523523 recipient shall agree to the following:
524524 (1) a grant awarded pursuant to this section
525525 shall not supplant an existing local, state, federal or private
526526 funding support, if any, of residency positions;
527527 (2) a grant recipient shall not reduce its
528528 residency program's approved residency quota, measured as an
529529 average of its three prior-year primary care residency quotas,
530530 not including other residency positions funded by the immigrant
531531 primary care residency grant;
532532 (3) a grant recipient shall not in any way
533533 replace its residency program's primary care residency
534534 positions with designated qualified immigrant international
535535 medical graduate residency positions;
536536 (4) a grant recipient's program shall not
537537 violate the Human Rights Act;
538538 (5) a grant recipient's program shall not
539539 establish criteria for the residencies that exceed reasonable
540540 .229694.1SA
541541 - 10 - underscored material = new
542542 [bracketed material] = delete
543543 1
544544 2
545545 3
546546 4
547547 5
548548 6
549549 7
550550 8
551551 9
552552 10
553553 11
554554 12
555555 13
556556 14
557557 15
558558 16
559559 17
560560 18
561561 19
562562 20
563563 21
564564 22
565565 23
566566 24
567567 25
568568 requirements or expectations for other residency applicants in
569569 the same or a substantially similar primary care residency
570570 program;
571571 (6) a grant recipient's program shall not
572572 create undue or burdensome barriers for otherwise eligible
573573 applicants to be eligible for a residency position; and
574574 (7) a grant recipient shall fill the funded
575575 residency positions with participants who have successfully
576576 completed the primary care physician readiness pathway;
577577 provided, however, that if there are fewer individuals who have
578578 successfully completed the immigrant primary care physician
579579 readiness pathway than available funding, residency grant
580580 recipient managers may apply for a waiver to fill the funded
581581 residency position with a qualified immigrant international
582582 medical graduate who meets the eligibility criteria for the
583583 immigrant primary care physician readiness program. Waivers
584584 shall be issued at the discretion of the secretary.
585585 D. Priority shall be given to residency grant
586586 applicants serving underserved communities.
587587 SECTION 7. [NEW MATERIAL] IMMIGRANT HEALTH CARE WORKFORCE
588588 DEVELOPMENT FUND CREATED.--The "immigrant health care workforce
589589 development fund" is created as a nonreverting fund in the
590590 state treasury. The fund consists of appropriations, gifts,
591591 grants and donations to the fund. Money in the fund is subject
592592 to appropriation by the legislature to the department to
593593 .229694.1SA
594594 - 11 - underscored material = new
595595 [bracketed material] = delete
596596 1
597597 2
598598 3
599599 4
600600 5
601601 6
602602 7
603603 8
604604 9
605605 10
606606 11
607607 12
608608 13
609609 14
610610 15
611611 16
612612 17
613613 18
614614 19
615615 20
616616 21
617617 22
618618 23
619619 24
620620 25
621621 implement and administer the provisions of the Immigrant
622622 Healthcare Workforce Development Act. Disbursements from the
623623 fund shall be made by vouchers signed by the secretary or the
624624 secretary's designee upon warrants signed by the secretary of
625625 finance and administration.
626626 SECTION 8. [NEW MATERIAL] ADVISORY COMMITTEE.--
627627 A. The secretary shall appoint an "immigrant health
628628 care workforce advisory committee" composed of no more than
629629 fifteen individuals representing state agencies, medical
630630 professional associations, community-based organizations,
631631 graduate medical education providers and other relevant
632632 stakeholders, including at least one qualified immigrant
633633 international medical graduate and at least one internationally
634634 educated nurse, both of whom shall have been licensed health
635635 care providers in and residents of New Mexico.
636636 B. Upon the request of the secretary, the immigrant
637637 health care workforce advisory committee shall:
638638 (1) advise the department on developing
639639 streamlined pathways for underemployed immigrant health care
640640 workers to provide health care services in New Mexico's
641641 workforce;
642642 (2) collaborate with appropriate state
643643 regulatory and licensing agencies and other stakeholders toward
644644 that goal; and
645645 (3) assist and advise the department regarding
646646 .229694.1SA
647647 - 12 - underscored material = new
648648 [bracketed material] = delete
649649 1
650650 2
651651 3
652652 4
653653 5
654654 6
655655 7
656656 8
657657 9
658658 10
659659 11
660660 12
661661 13
662662 14
663663 15
664664 16
665665 17
666666 18
667667 19
668668 20
669669 21
670670 22
671671 23
672672 24
673673 25
674674 matters in furtherance of the purposes of the Immigrant Health
675675 Care Workforce Development Act.
676676 C. Public members of the immigrant health care
677677 workforce advisory committee are entitled to per diem and
678678 mileage pursuant to the Per Diem and Mileage Act and shall
679679 receive no other compensation, perquisite or allowance.
680680 D. The department shall provide reports and
681681 recommendations derived from the work of the immigrant health
682682 care workforce advisory committee to the legislative finance
683683 committee and other legislative committees as deemed
684684 appropriate by the secretary.
685685 SECTION 9. [NEW MATERIAL] RULES.--The department shall
686686 adopt rules in accordance with the State Rules Act and as
687687 necessary to carry out the provisions of the Immigrant Health
688688 Care Workforce Development Act.
689689 SECTION 10. Section 61-6-6 NMSA 1978 (being Laws 1973,
690690 Chapter 361, Section 1, as amended) is amended to read:
691691 "61-6-6. DEFINITIONS.--As used in the Medical Practice
692692 Act:
693693 A. "approved postgraduate training program for
694694 physicians" means a program approved by the accreditation
695695 council for graduate medical education, the American
696696 osteopathic association or other board-approved program;
697697 B. "board" means the New Mexico medical board;
698698 C. "collaboration" means the process by which a
699699 .229694.1SA
700700 - 13 - underscored material = new
701701 [bracketed material] = delete
702702 1
703703 2
704704 3
705705 4
706706 5
707707 6
708708 7
709709 8
710710 9
711711 10
712712 11
713713 12
714714 13
715715 14
716716 15
717717 16
718718 17
719719 18
720720 19
721721 20
722722 21
723723 22
724724 23
725725 24
726726 25
727727 licensed physician and a physician assistant jointly contribute
728728 to the health care and medical treatment of patients; provided
729729 that:
730730 (1) each collaborator performs actions that
731731 the collaborator is licensed or otherwise authorized to
732732 perform; and
733733 (2) collaboration shall not be construed to
734734 require the physical presence of the licensed physician at the
735735 time and place services are rendered;
736736 D. "licensed physician" means a medical or
737737 osteopathic physician licensed under the Medical Practice Act
738738 to practice medicine in New Mexico;
739739 E. "licensee" or "health care practitioner" means a
740740 medical physician, osteopathic physician, physician assistant,
741741 polysomnographic technologist, anesthesiologist assistant,
742742 naturopathic doctor, podiatric physician or naprapath licensed
743743 by the board to practice in New Mexico;
744744 F. "medical college or school in good standing" for
745745 medical physicians means a board-approved medical college or
746746 school that has as high a standard as that required by the
747747 association of American medical colleges and the council on
748748 medical education of the American medical association; and for
749749 osteopathic physicians means a college of osteopathic medicine
750750 accredited by the commission of osteopathic college
751751 accreditation;
752752 .229694.1SA
753753 - 14 - underscored material = new
754754 [bracketed material] = delete
755755 1
756756 2
757757 3
758758 4
759759 5
760760 6
761761 7
762762 8
763763 9
764764 10
765765 11
766766 12
767767 13
768768 14
769769 15
770770 16
771771 17
772772 18
773773 19
774774 20
775775 21
776776 22
777777 23
778778 24
779779 25
780780 G. "medical student" means a student enrolled in a
781781 board-approved medical college or school in good standing;
782782 H. "physician assistant" means a health care
783783 practitioner who is licensed by the board to practice as a
784784 physician assistant and who provides services to patients with
785785 the supervision of or in collaboration with a licensed
786786 physician as set forth in rules promulgated by the board;
787787 I. "qualified international medical graduate" means
788788 a physician who has a medical degree or qualification from a
789789 medical school located outside the United States and Canada
790790 recognized by the world health organization or the world
791791 directory of medical schools as provided in the Immigrant
792792 Health Care Workforce Development Act;
793793 [I.] J. "resident" means a graduate of a medical
794794 college or school in good standing who is in training in a
795795 board-approved and accredited residency training program in a
796796 hospital or facility affiliated with an approved hospital and
797797 who has been appointed to the position of "resident" or
798798 "fellow" for the purpose of postgraduate medical training;
799799 [J.] K. "the practice of medicine" consists of:
800800 (1) advertising, holding out to the public or
801801 representing in any manner that one is authorized to practice
802802 medicine or to practice health care that is under the authority
803803 of the board in this state;
804804 (2) offering or undertaking to administer,
805805 .229694.1SA
806806 - 15 - underscored material = new
807807 [bracketed material] = delete
808808 1
809809 2
810810 3
811811 4
812812 5
813813 6
814814 7
815815 8
816816 9
817817 10
818818 11
819819 12
820820 13
821821 14
822822 15
823823 16
824824 17
825825 18
826826 19
827827 20
828828 21
829829 22
830830 23
831831 24
832832 25
833833 dispense or prescribe a drug or medicine for the use of another
834834 person, except as authorized pursuant to a professional or
835835 occupational licensing statute set forth in Chapter 61 NMSA
836836 1978;
837837 (3) offering or undertaking to give or
838838 administer, dispense or prescribe a drug or medicine for the
839839 use of another person, except as directed by a licensed
840840 physician;
841841 (4) offering or undertaking to perform an
842842 operation or procedure upon a person;
843843 (5) offering or undertaking to diagnose,
844844 correct or treat in any manner or by any means, methods,
845845 devices or instrumentalities any disease, illness, pain, wound,
846846 fracture, infirmity, deformity, defect or abnormal physical or
847847 mental condition of a person;
848848 (6) offering medical peer review, utilization
849849 review or diagnostic service of any kind that directly
850850 influences patient care, except as authorized pursuant to a
851851 professional or occupational licensing statute set forth in
852852 Chapter 61 NMSA 1978; or
853853 (7) acting as the representative or agent of a
854854 person in doing any of the things listed in this subsection;
855855 [K.] L. "the practice of medicine across state
856856 lines" means:
857857 (1) the rendering of a written or otherwise
858858 .229694.1SA
859859 - 16 - underscored material = new
860860 [bracketed material] = delete
861861 1
862862 2
863863 3
864864 4
865865 5
866866 6
867867 7
868868 8
869869 9
870870 10
871871 11
872872 12
873873 13
874874 14
875875 15
876876 16
877877 17
878878 18
879879 19
880880 20
881881 21
882882 22
883883 23
884884 24
885885 25
886886 documented medical opinion concerning diagnosis or treatment of
887887 a patient within this state by a physician located outside this
888888 state as a result of transmission of individual patient data by
889889 electronic, telephonic or other means from within this state to
890890 the physician or the physician's agent; or
891891 (2) the rendering of treatment to a patient
892892 within this state by a physician located outside this state as
893893 a result of transmission of individual patient data by
894894 electronic, telephonic or other means from within this state to
895895 the physician or the physician's agent;
896896 [L.] M. "sexual contact" means touching the primary
897897 genital area, groin, anus, buttocks or breast of a patient or
898898 allowing a patient to touch another's primary genital area,
899899 groin, anus, buttocks or breast in a manner that is commonly
900900 recognized as outside the scope of acceptable medical or health
901901 care practice;
902902 [M.] N. "sexual penetration" means sexual
903903 intercourse, cunnilingus, fellatio or anal intercourse, whether
904904 or not there is any emission, or introducing any object into
905905 the genital or anal openings of another in a manner that is
906906 commonly recognized as outside the scope of acceptable medical
907907 or health care practice; [and ]
908908 O. "underserved community" means a New Mexico area
909909 or population included in the list of designated primary
910910 medical care health professional shortage areas, medically
911911 .229694.1SA
912912 - 17 - underscored material = new
913913 [bracketed material] = delete
914914 1
915915 2
916916 3
917917 4
918918 5
919919 6
920920 7
921921 8
922922 9
923923 10
924924 11
925925 12
926926 13
927927 14
928928 15
929929 16
930930 17
931931 18
932932 19
933933 20
934934 21
935935 22
936936 23
937937 24
938938 25
939939 underserved areas or medically underserved populations
940940 maintained and updated by the United States department of
941941 health and human services or any state equivalent thereof; and
942942 [N.] P. "United States" means the fifty states, its
943943 territories and possessions and the District of Columbia."
944944 SECTION 11. Section 61-6-11 NMSA 1978 (being Laws 1923,
945945 Chapter 44, Section 3, as amended) is amended to read:
946946 "61-6-11. PHYSICIAN LICENSURE.--
947947 A. The board may consider for licensure a person
948948 who is of good moral character, is a graduate of an accredited
949949 United States or Canadian medical or osteopathic medical
950950 school, has passed an examination approved by the board and has
951951 completed two years of an approved postgraduate training
952952 program for physicians.
953953 B. An applicant who has not completed two years of
954954 an approved postgraduate training program for physicians, but
955955 who otherwise meets all other licensing requirements, may
956956 present evidence to the board of the applicant's other
957957 professional experience for consideration by the board in lieu
958958 of the approved postgraduate training program. The board
959959 shall, in its sole discretion, determine if the professional
960960 experience is substantially equivalent to the required approved
961961 postgraduate training program for physicians.
962962 C. A graduate of a board-approved medical or
963963 osteopathic medical school located outside the United States or
964964 .229694.1SA
965965 - 18 - underscored material = new
966966 [bracketed material] = delete
967967 1
968968 2
969969 3
970970 4
971971 5
972972 6
973973 7
974974 8
975975 9
976976 10
977977 11
978978 12
979979 13
980980 14
981981 15
982982 16
983983 17
984984 18
985985 19
986986 20
987987 21
988988 22
989989 23
990990 24
991991 25
992992 Canada may be granted a license to practice medicine in New
993993 Mexico, provided the applicant presents evidence to the board
994994 that the applicant is a person of good moral character and
995995 provided that the applicant presents satisfactory evidence to
996996 the board that the applicant has successfully passed an
997997 examination as required by the board and has successfully
998998 completed two years of postgraduate medical training in an
999999 approved postgraduate training program for physicians. A
10001000 graduate of a medical school located outside the United States
10011001 who successfully completes at least two years of an approved
10021002 postgraduate training program for physicians at or affiliated
10031003 with an institution located in New Mexico prior to December 30,
10041004 2007 and who meets the other requirements of this section may
10051005 also be granted a license to practice medicine.
10061006 D. The board may issue to an applicant who is a
10071007 qualified international medical graduate a provisional license
10081008 to practice medicine valid for a period not to exceed two years
10091009 if the applicant submits evidence acceptable to the board that
10101010 the applicant:
10111011 (1) has graduated from a legally chartered
10121012 medical school outside of the United States and Canada
10131013 recognized by the world health organization or the world
10141014 directory of medical schools;
10151015 (2) has been licensed or otherwise authorized
10161016 to practice medicine in a country other than the United States
10171017 .229694.1SA
10181018 - 19 - underscored material = new
10191019 [bracketed material] = delete
10201020 1
10211021 2
10221022 3
10231023 4
10241024 5
10251025 6
10261026 7
10271027 8
10281028 9
10291029 10
10301030 11
10311031 12
10321032 13
10331033 14
10341034 15
10351035 16
10361036 17
10371037 18
10381038 19
10391039 20
10401040 21
10411041 22
10421042 23
10431043 24
10441044 25
10451045 and has not been out of practice for more than two years;
10461046 (3) has a valid certificate issued by the
10471047 educational commission for foreign medical graduates or other
10481048 credential evaluation service approved by the board; provided,
10491049 however, that the board may waive certification at the board's
10501050 discretion if the applicant is unable to obtain the required
10511051 documentation from a noncooperative country;
10521052 (4) has achieved a passing score on both step
10531053 1 and step 2 clinical knowledge of the United States medical
10541054 licensing examination;
10551055 (5) has entered into an agreement with a
10561056 medical care facility that provides an assessment and
10571057 evaluation program designed to develop, assess and evaluate the
10581058 physician's nonclinical skills and familiarity with standards
10591059 appropriate for medical practice in New Mexico according to
10601060 criteria developed or approved by the board, which shall
10611061 promulgate rules regarding these standards;
10621062 (6) has an offer of full-time employment from
10631063 the medical care facility identified in Paragraph (5) of this
10641064 subsection after the board issues a license pursuant to this
10651065 subsection; and
10661066 (7) has satisfied any other criteria that the
10671067 board may require for issuance of a provisional license
10681068 pursuant to this subsection.
10691069 E. An individual who successfully obtains a license
10701070 .229694.1SA
10711071 - 20 - underscored material = new
10721072 [bracketed material] = delete
10731073 1
10741074 2
10751075 3
10761076 4
10771077 5
10781078 6
10791079 7
10801080 8
10811081 9
10821082 10
10831083 11
10841084 12
10851085 13
10861086 14
10871087 15
10881088 16
10891089 17
10901090 18
10911091 19
10921092 20
10931093 21
10941094 22
10951095 23
10961096 24
10971097 25
10981098 pursuant to Subsection D of this section and practices under
10991099 that license until the license's expiration shall be eligible
11001100 to apply for a renewable two-year restricted license to
11011101 practice medicine in an underserved community in New Mexico.
11021102 The board may issue a renewable license to an applicant if the
11031103 applicant submits evidence acceptable to the board that the
11041104 applicant:
11051105 (1) has successfully completed the
11061106 participating facility's assessment and evaluation program
11071107 required pursuant to Subsection D of this section;
11081108 (2) has achieved a passing score on step 3 of
11091109 the United States medical licensing examination;
11101110 (3) has an offer of full-time employment from
11111111 a health care facility, including a public hospital, a for-
11121112 profit or nonprofit private hospital, a general or special
11131113 hospital, an outpatient facility, a freestanding birth center,
11141114 a nursing home, an intermediate care facility, an assisted
11151115 living facility or other health care facility at which medical
11161116 care is provided by state-licensed medical care practitioners,
11171117 in an underserved community in New Mexico; and
11181118 (4) has no disciplinary actions or pending
11191119 investigations related to the applicant's practice under the
11201120 provisional license issued pursuant to Subsection D of this
11211121 section.
11221122 F. After at least two years of practice under a
11231123 .229694.1SA
11241124 - 21 - underscored material = new
11251125 [bracketed material] = delete
11261126 1
11271127 2
11281128 3
11291129 4
11301130 5
11311131 6
11321132 7
11331133 8
11341134 9
11351135 10
11361136 11
11371137 12
11381138 13
11391139 14
11401140 15
11411141 16
11421142 17
11431143 18
11441144 19
11451145 20
11461146 21
11471147 22
11481148 23
11491149 24
11501150 25
11511151 renewable two-year restricted license issued pursuant to
11521152 Subsection E of this section resulting in no disciplinary
11531153 actions or pending investigations, the board shall grant a
11541154 license to practice medicine to an internationally trained
11551155 physician who meets the other requirements of this section.
11561156 [D.] G. All applicants for licensure may be
11571157 required to appear personally before the board or a designated
11581158 agent for an interview.
11591159 [E.] H. An applicant for licensure by examination
11601160 shall not be granted a license if the applicant has taken the
11611161 examination in two or more steps and has failed to successfully
11621162 pass the final step within seven years of the date that the
11631163 first step was passed. An applicant for licensure who holds a
11641164 medical or osteopathic doctor degree and a doctoral degree in a
11651165 medically related field must successfully complete the entire
11661166 examination series within ten years from the date the first
11671167 step of the examination is passed. The board may, by rule,
11681168 establish exceptions to the time requirements of this
11691169 subsection.
11701170 [F.] I. Every applicant for licensure under this
11711171 section shall pay the fees required by Section 61-6-19 NMSA
11721172 1978.
11731173 [G.] J. The board may require fingerprints and
11741174 other information necessary for a state and national criminal
11751175 background check."
11761176 .229694.1SA
11771177 - 22 - underscored material = new
11781178 [bracketed material] = delete
11791179 1
11801180 2
11811181 3
11821182 4
11831183 5
11841184 6
11851185 7
11861186 8
11871187 9
11881188 10
11891189 11
11901190 12
11911191 13
11921192 14
11931193 15
11941194 16
11951195 17
11961196 18
11971197 19
11981198 20
11991199 21
12001200 22
12011201 23
12021202 24
12031203 25
12041204 SECTION 12. APPROPRIATION.--One million five hundred
12051205 thousand dollars ($1,500,000) is appropriated from the general
12061206 fund to the workforce solutions department for expenditure in
12071207 fiscal year 2026 to implement and administer the provisions of
12081208 the Immigrant Health Care Workforce Development Act, including
12091209 hiring three full-time-equivalent department staff and
12101210 providing program grants. Any unexpended or unencumbered
12111211 balance remaining at the end of fiscal year 2026 shall revert
12121212 to the general fund.
12131213 SECTION 13. EFFECTIVE DATE.--The effective date of the
12141214 provisions of this act is July 1, 2025.
12151215 - 23 -
12161216 .229694.1SA