SB 47 — HEALTH CARE PERSONNEL RECRUITMENT

SENATE BILL 47 56TH LEGISLATURE -STATEOFNEWMEXICO- SECOND SESSION , 2024 INTRODUCED BY Siah Correa Hemphill and Gerald Ortiz y Pino 6 8 10 AN ACT RELATING TO HEALTHDRIVER'S CARE;LICENSES;

CREATINGCHANGING THE HEALTHPENALTIES CARE PERSONNEL RECRUITMENT FUND TO PROVIDE FOR PROGRAMSTHE THATSUSPENSION RECRUITOF ANDA RETAINDRIVER'S HEALTHLICENSE. CARE PERSONNEL IN HEALTH CARE UNDERSERVED AREAS;

MAKING5 ANBE APPROPRIATION.IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

16SECTION BE1. IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

eSection t66-5-26 17NMSA SECTION1978 1.(being Laws 1978, Chapter 35, Section 248, as amended) is amended to read:

Section"66-5-26. 24-1A-1 NMSA 1978 (being Laws 1981, w l n d 18 Chapter 295, Section 1) is amended to read:

=SUSPENDING =RESIDENT'S 19LICENSE--AUTOMATIC aREINSTATEMENT lWITHOUT "24-1A-1.FEE.-- A.

SHORTThe TITLE.--[Thisdivision act]is Sectionsauthorized 24-1A-1to isuspend or revoke the license of a eresident rof 20this throughstate 24-1A-4.1or NMSAthe 1978privilege mayof bea citednonresident asto drive a motor vehicle in this state upon receiving notice of the "Ruralconviction Primaryof such person in another state or by a ttribe mof man 21offense Healththat Careif Act"."committed dwithin rthe ejurisdiction 22of SECTIONthis 2.state, would be grounds for the suspension or revocation of the license of a driver.

A new section of the Rural Primary Health Care c e s k 23 Act, Section 24-1A-4.1 NMSA 1978, is enacted to read:

e a n b 24 "24-1A-4.1.

[NEW MATERIAL] HEALTH CARE PERSONNEL u [ RECRUITMENT FUND--CREATED.-- .227137.2 A.

The "health care personnel recruitment fund" is created as a nonreverting fund in the state treasury.

The fund consists of appropriations, gifts, grants, donations, income from investment of the fund and any other revenue credited to the fund.

The department shall administer the fund for the purpose of providing for programs that recruit and retain health care personnel in health care underserved areas, and money in the fund is appropriated to the department to carry out the provisions of this section.

Grants, distributions and transfers of money from the fund shall be made only from the income received from investment of the fund.

Disbursements from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of health or the secretary's authorized representative.

UpA toperson tenwhose percentdriver's oflicense thewas incomesuspended receivedsolely fromfor investmentnonpayment ofor thefailure healthto careappear personneland recruitmentwho fundis mayotherwise beeligible eto tdrive 17shall expendedhave for costs of administration of the fundperson's anddriver's wlicense lreinstated n d 18 administration of health care personnel recruitment and =shall =not 19be arequired lto retentionpay programs undertaken with fund money." i a ereinstatement rfee. 20 SECTION 3.

APPROPRIATION.--ThirtyNo millionlater dollarsthan aSeptember t1, m2023, mthe 21division ($30,000,000)shall, iswithout appropriatedrequiring froma thereinstatement generalfee, fundreinstate to the ddriver's rlicense eor 22nonresident healthoperating careprivilege personnelof recruitmentevery fundperson forwhose expenditurelicense inor cnonresident eoperating sprivilege kis 23suspended fiscalsolely yearfor 2025nonpayment andor subsequentSB fiscal47 yearsPage to1 providefailure moneyto eappear a n b 24 for programs that recruit and retainwho healthis careotherwise personneleligible into udrive." [SECTION health2. care underserved areas.

AnySection unexpended66-5-30 orNMSA unencumbered1978 .227137.2(being -Laws 21978, -Chapter balance35, remainingSection at252, theas endamended) ofis aamended fiscal year shall not revert to theread: general fund.

-"66-5-30. 3 - 5 7 9 11 13 15 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .227137.2

AUTHORITY OF DIVISION TO SUSPEND OR REVOKE LICENSE.-- A.

The division may suspend the instruction permit, driver's license or provisional license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence, including information provided to the state pursuant to an intergovernmental agreement authorized by Section 66-5-27.1 NMSA 1978, that the licensee:

(1) has been convicted of an offense for which mandatory revocation of license is required upon conviction;

(2) has been convicted as a driver in an accident resulting in the death or personal injury of another or serious property damage;

(3) has been convicted with such frequency of offenses against traffic laws or rules governing motor vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;

(4) is an habitually reckless or negligent driver of a motor vehicle;

(5) is incompetent to drive a motor vehicle;

(6) has permitted an unlawful or fraudulent SB 47 Page 2 use of the license;

(7) has been convicted of an offense in another state or tribal jurisdiction that if committed within this state's jurisdiction would be grounds for suspension or revocation of the license;

(8) has violated provisions stipulated by a district court in limitation of certain driving privileges;

or (9) has accumulated at least seven points, but less than eleven points, and when the division has received a recommendation from a municipal or magistrate judge that the license be suspended for a period not to exceed three months.

B.

The division may issue an administrative suspension of the instruction permit, driver's license or provisional license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence, including information provided to the state pursuant to an intergovernmental agreement authorized by Section 66-5-27.1 NMSA 1978, that the licensee has failed to comply with the terms of a citation issued in a foreign jurisdiction that is a party to the Nonresident Violator Compact and that has notified the department of the failure in accordance with the Nonresident Violator Compact.

C.

If a person whose license was issued by a SB 47 Page 3 jurisdiction outside New Mexico that is a party to the Nonresident Violator Compact fails to comply with the terms of a citation issued in New Mexico, the department shall notify that other jurisdiction of the failure and that jurisdiction may initiate a license suspension action in accordance with the provisions of Article IV of the Nonresident Violator Compact.

D.

Upon suspending the license of a person as authorized in this section, the division shall immediately notify the licensee in writing of the licensee's right to a hearing before the administrative hearings office and, upon the licensee's request, shall notify the administrative hearings office.

The administrative hearings office shall schedule the hearing to take place as early as practicable, but not later than twenty days, not counting Saturdays, Sundays and legal holidays, after receipt of the request.

The hearing shall be held in the county in which the licensee resides unless the hearing officer and the licensee agree that the hearing may be held in some other county;

provided that the hearing request is received within twenty days from the date that the suspension was deposited in the United States mail.