SB 349 — LICENSURE FOR VISITING SPORTS PHYSICIANS

SENATE BILL 349 54 TH LEGISLATURE- STATE OF NEW MEXICO - FIRST SESSIO, 2019 INTRODUCED BY Mark Moores 6 8 10 AN ACT RELATING TO PROFESSIONAL LICENSURE;

e8 t 17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

w l n d 18 SECTION 1.

A new section of the Medical Practice Act is = = 19 enacted to read:

a"TEMPORARY l i a e r 20 "[NEW MATERIAL] TEMPORARY LICENSURE EXEMPTION--OUT-OF-EXEMPTION--OUT-OF-STATE a t m m 21 STATE PHYSICIANS--OUT-OF-STATE SPORTS TEAMS.-- d r e 22 A.

An individual who is licensed in good standing c e s k 23 to practice medicine and surgery in another state, and whom the e a n b 24 board has not previously found to have violated a provision of u [ the Medical Practice Act, may practice medicine without a .211882.5 license granted by the board if the individual has a written agreement with an out-of-state sports team to provide care to team members and staff traveling with the team for a specific sporting event to take place in this state;

(1) the individual has a written agreement with the out-of-state sports team governing body to provide health care services to an out-of-state sports team athlete SB 349 or staff member at a scheduled sporting event;

Page 1 (2) the individual's practice is limited to medical care to assist injured and ill players and coordinate appropriate referral to in-state health care providers as needed;

(4) the individual has professional liability e e 17 coverage for the duration of the sporting event;

e e n d 18 (5) the individual shall not:

= = l ] 19 (a) provide care or consultation to a a l r i 20 resident of this state, other than a member of the out-of-state t e a t sports team during a sporting event;

or m m 21 e d r e 22 (b) practice medicine in the state, c e r c 23 outside of the sporting event;

e a n b 24 (6) the authorization to practice without a u [ board-issued license pursuant to this section shall be valid .211882.5 - 2 - only during the time of the sporting event, while the individual granted the authorization is providing care to the out-of-state sports team, and is limited to the duration of the sporting event;

or SB 349 Page 2 (c) unprofessional or dishonorable conduct, as those terms are defined in board rules;

and (9) the board may report to a licensing board in a state in which an individual practicing medicine or e e 17 surgery pursuant to this section is licensed to practice e e n d 18 medicine and surgery any findings it makes pursuant to an = = l ] 19 investigation or disciplinary action that the board undertakes.

a l r i 20 B.

The board shall adopt and promulgate rules to t e a t implement the provisions of this section.

m m 21 e d r e 22 C.

c e r c 23 (1) "out-of-state sports team" means an entity e a n b 24 or organization:

u [ (a) for which athletes engage in a .211882.5 - 3 - sporting event;

and (2) "sporting event" means a scheduled sporting event involving an out-of-state sports team for SB 349 Page 3 which an admission fee is charged to the public, including any preparation or practice related to the activity." SECTION 2.

"[NEW"TEMPORARY MATERIAL] TEMPORARY LICENSURE EXEMPTION--OUT-OF-EXEMPTION--OUT-OF-STATE STATE OSTEOPATHIC PHYSICIANS--OUT-OF-STATE SPORTS TEAMS.-- A.

An individual who is licensed in good standing to practice osteopathic medicine in another state and whom the board has not previously found to have violated a provision of e e 17 the Osteopathic Medicine Act, may practice osteopathic medicine e e n d 18 without a license granted by the board if the individual has a = = l ] 19 written agreement with an out-of-state sports team to provide a l r i 20 care to team members and staff traveling with the team for a t e a t specific sporting event to take place in this state;

provided m m 21 e d r e 22 that:

c e r c 23 (1) the individual has a written agreement e a n b 24 with the out-of-state sports team governing body to provide u [ health care services to an out-of-state sports team athlete or .211882.5 - 4 - staff member at a scheduled sporting event;

(3) the services to be provided by the individual are within the scope of practice authorized SB 349 Page 4 pursuant to the Osteopathic Medicine Act and rules of the board;

e e 17 (6) the authorization to practice without a e e n d 18 board-issued license pursuant to this section shall be valid = = l ] 19 only during the time of the sporting event, while the a l r i 20 individual granted the authorization is providing care to the t e a t out-of-state sports team, and is limited to the duration of the m m 21 e d r e 22 sporting event;

c e r c 23 (7) the individual and the out-of-state sports e a n b 24 team shall report to the board any potential osteopathic u [ medical license violations or practice negligence;

.211882.5 - 5 - (8) the individual's practice of osteopathic medicine pursuant to this section shall be subject to board oversight, investigation and discipline in accordance with the provisions of the Osteopathic Medicine Act;

and (9) the board may report to a licensing SB 349 Page 5 board in a state in which an individual practicing medicine or surgery pursuant to this section is licensed to practice medicine and surgery any findings it makes pursuant to an investigation or disciplinary action that the board undertakes.

e e 17 (b) headquartered or organized under e e n d 18 laws other than the laws of New Mexico;

and = = l ] 19 (c) a majority of whose staff and a l r i 20 athletes are residents of another state;

and t e a t (2) "sporting event" means a scheduled m m 21 e d r e 22 sporting event involving an out-of-state sports team for which c e r c 23 an admission fee is charged to the public, including any e a n b 24 preparation or practice related to the activity." uSB [349 -Page 6 -25 .211882.5