SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 279

55th legislature - STATE OF NEW MEXICO - first session, 2021

 

 

 

 

 

 

 

AN ACT

RELATING TO LICENSING; REPEALING THE OSTEOPATHIC MEDICINE ACT; AMENDING THE MEDICAL PRACTICE ACT TO INCLUDE PROVISIONS PERTAINING TO OSTEOPATHIC AND MEDICAL PHYSICIANS AND OSTEOPATHIC PHYSICIAN ASSISTANTS; INCREASING CERTAIN FEES; TRANSFERRING FUNCTIONS, PERSONNEL, MONEY, APPROPRIATIONS, RECORDS, FURNITURE, EQUIPMENT, SUPPLIES AND OTHER PROPERTY FROM THE BOARD OF OSTEOPATHIC MEDICINE TO THE NEW MEXICO MEDICAL BOARD.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

         SECTION 1. Section 7-9-77.1 NMSA 1978 (being Laws 1998, Chapter 96, Section 1, as amended) is amended to read:

         "7-9-77.1. DEDUCTION--GROSS RECEIPTS TAX--CERTAIN MEDICAL AND HEALTH CARE SERVICES.--

                   A. Receipts of a health care practitioner from payments by the United States government or any agency thereof for provision of medical and other health services by a health care practitioner or of medical or other health and palliative services by hospices or nursing homes to medicare beneficiaries pursuant to the provisions of Title 18 of the federal Social Security Act may be deducted from gross receipts.

                   B. Receipts of a health care practitioner from payments by a third-party administrator of the federal TRICARE program for provision of medical and other health services by medical doctors and osteopathic physicians to covered beneficiaries may be deducted from gross receipts.

                   C. Receipts of a health care practitioner from payments by or on behalf of the Indian health service of the United States department of health and human services for provision of medical and other health services by medical doctors and osteopathic physicians to covered beneficiaries may be deducted from gross receipts.

                   D. Receipts of a clinical laboratory from payments by the United States government or any agency thereof for medical services provided by the clinical laboratory to medicare beneficiaries pursuant to the provisions of Title 18 of the federal Social Security Act may be deducted from gross receipts.

                   E. Receipts of a home health agency from payments by the United States government or any agency thereof for medical, other health and palliative services provided by the home health agency to medicare beneficiaries pursuant to the provisions of Title 18 of the federal Social Security Act may be deducted from gross receipts.

                   F. Prior to July 1, 2024, receipts of a dialysis facility from payments by the United States government or any agency thereof for medical and other health services provided by the dialysis facility to medicare beneficiaries pursuant to the provisions of Title 18 of the federal Social Security Act may be deducted from gross receipts.

                   G. A taxpayer allowed a deduction pursuant to this section shall report the amount of the deduction separately in a manner required by the department. A taxpayer who has receipts that are deductible pursuant to this section and Section 7-9-93 NMSA 1978 shall deduct the receipts under this section prior to calculating the receipts that may be deducted pursuant to Section 7-9-93 NMSA 1978.

                   H. The department shall compile an annual report on the deductions created pursuant to this section that shall include the number of taxpayers approved by the department to receive each deduction, the aggregate amount of deductions approved and any other information necessary to evaluate the effectiveness of the deductions. The department shall compile and present the annual reports to the revenue stabilization and tax policy committee and the legislative finance committee with an analysis of the effectiveness and cost of the deductions and whether the deductions are providing a benefit to the state.

                   I. For the purposes of this section:

                               (1) "clinical laboratory" means a laboratory accredited pursuant to 42 USCA 263a;

                               (2) "dialysis facility" means an end-stage renal disease facility as defined pursuant to 42 C.F.R. 405.2102;

                               (3) "health care practitioner" means:

                                         (a) an athletic trainer licensed pursuant to the Athletic Trainer Practice Act;

                                         (b) an audiologist licensed pursuant to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;

                                         (c) a chiropractic physician licensed pursuant to the Chiropractic Physician Practice Act;

                                         (d) a counselor or therapist practitioner licensed pursuant to the Counseling and Therapy Practice Act;

                                         (e) a dentist licensed pursuant to the Dental Health Care Act;

                                         (f) a doctor of oriental medicine licensed pursuant to the Acupuncture and Oriental Medicine Practice Act;

                                         (g) an independent social worker licensed pursuant to the Social Work Practice Act;                                                            (h) a massage therapist licensed pursuant to the Massage Therapy Practice Act;

                                         (i) a naprapath licensed pursuant to the Naprapathic Practice Act;

                                         (j) a nutritionist or dietitian licensed pursuant to the Nutrition and Dietetics Practice Act;

                                         (k) an occupational therapist licensed pursuant to the Occupational Therapy Act;

                                         (l) an optometrist licensed pursuant to the Optometry Act;

                                         (m) an osteopathic physician licensed pursuant to the [Osteopathic Medicine] Medical Practice Act;

                                         (n) a pharmacist licensed pursuant to the Pharmacy Act;

                                         (o) a physical therapist licensed pursuant to the Physical Therapy Act;

                                         (p) a physician licensed pursuant to the Medical Practice Act;

                                         (q) a podiatrist licensed pursuant to the Podiatry Act;

                                         (r) a psychologist licensed pursuant to the Professional Psychologist Act;

                                         (s) a radiologic technologist licensed pursuant to the Medical Imaging and Radiation Therapy Health and Safety Act;

                                         (t) a registered nurse licensed pursuant to the Nursing Practice Act;

                                         (u) a respiratory care practitioner licensed pursuant to the Respiratory Care Act; and

                                         (v) a speech-language pathologist licensed pursuant to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;

                               (4) "home health agency" means a for-profit entity that is licensed by the department of health and certified by the federal centers for medicare and medicaid services as a home health agency and certified to provide medicare services;                                                                                                                  (5) "hospice" means a for-profit entity licensed by the department of health as a hospice and certified to provide medicare services;

                               (6) "nursing home" means a for-profit entity licensed by the department of health as a nursing home and certified to provide medicare services; and

                               (7) "TRICARE program" means the program defined in 10 U.S.C. 1072(7)."

         SECTION 2. Section 13-7-23 NMSA 1978 (being Laws 2020, Chapter 58, Section 1) is amended to read:

         "13-7-23. PHARMACIST PRESCRIPTIVE AUTHORITY SERVICES--REIMBURSEMENT PARITY.--A group health plan shall reimburse a participating provider that is a certified pharmacist clinician or pharmacist certified to provide a prescriptive authority service who provides a service at the standard contracted rate that the group health plan reimburses, for the same service under that group health plan, any licensed physician or physician assistant licensed pursuant to the Medical Practice Act [or the Osteopathic Medicine Act] or any advanced practice certified nurse practitioner licensed pursuant to the Nursing Practice Act."

         SECTION 3. Section 21-22D-3 NMSA 1978 (being Laws 1995, Chapter 144, Section 18, as amended) is amended to read:

         "21-22D-3. DEFINITIONS.--As used in the Health Professional Loan Repayment Act:

                   A. "department" means the higher education department;

                   B. "health professional" means a primary care physician, optometrist, podiatrist, physician's assistant, dentist, nurse, member of an allied health profession as defined in the Allied Health Student Loan for Service Act or a licensed or certified health professional as determined by the department;

                   C. "loan" means a grant of money to defray the costs incidental to a health education, under a contract between the federal government or a commercial lender and a health professional, requiring either repayment of principal and interest or repayment in services;

                   D. "nurse in advanced practice" means a registered nurse, including a:

                               (1) certified nurse practitioner, certified registered nurse anesthetist or clinical nurse specialist, authorized pursuant to the Nursing Practice Act to function beyond the scope of practice of professional registered nursing; or

                               (2) certified nurse-midwife licensed by the department of health; and

                   E. "osteopathic primary care physician" means an osteopathic physician licensed pursuant to the [Osteopathic Medicine] Medical Practice Act with specialty training in family medicine, general internal medicine, obstetrics, gynecology or general pediatrics."

         SECTION 4. Section 21-22D-12 NMSA 1978 (being Laws 2019, Chapter 68, Section 2) is amended to read:

         "21-22D-12. OSTEOPATHIC PHYSICIAN EXCELLENCE FUND.--The department shall apply funds appropriated to the department from the osteopathic physician excellence fund established pursuant to Section [3 of this 2019 act] 21-22D-13 NMSA 1978 exclusively for health professional loan repayment assistance for osteopathic primary care physicians who are licensed pursuant to the [Osteopathic Medicine] Medical Practice Act and who practice in areas of New Mexico that the department has designated as underserved."

         SECTION 5. Section 21-26-4 NMSA 1978 (being Laws 1983, Chapter 195, Section 4) is amended to read:

         "21-26-4. INTERN PROGRAM--[BOARD] HIGHER EDUCATION DEPARTMENT CONTRACT--REGULATIONS.--The [board] higher education department shall:

                   A. in cooperation with the hospitals and the New Mexico medical board [of osteopathic medical examiners], develop an intern training program to provide postdoctoral training for osteopathic interns;

                   B. contract with hospitals to provide intern training programs; and

                   C. promulgate regulations to carry out the provisions of the Osteopathic Intern Act, including program requirements, distribution of training funds and matching fund and financial accountability requirements of hospitals receiving intern training funds; provided, however, for the purposes of this subsection, "matching funds" may include the provision of in-kind services. Regulations of the [board] department shall be filed in accordance with the State Rules Act."

         SECTION 6.<