Health Service Corps

NMSA 1978 ch. 24, art. 1D

in effect

NMSA 1978, § 24-1D-1 Short title

24-1D-1. Short title This act [24-1D-1 to 24-1D-10 NMSA 1978] may be cited as the "Health Service Corps Act". Laws 1994, ch. 63, § 1.

NMSA 1978, § 24-1D-2 Definitions

24-1D-2. Definitions As used in the Health Service Corps Act: A. "corps" means the New Mexico health service corps; B. "department" means the department of health; C. "health professional" means a physician, physician assistant, nurse practitioner, nurse-midwife, emergency medical technician-paramedic, dentist or dental hygienist; D. "physician" means a medical doctor or doctor of osteopathic medicine; E. "physician assistant" means a physician assistant or osteopathic physician assistant; and F. "practice site" means a public health clinic or public or private nonprofit primary care clinic that is located in a state-designated medically underserved area or that serves a high-needs population and that uses a sliding fee scale approved by the department. Laws 1994, ch. 63, § 2; 2003, ch. 393, § 1.

NMSA 1978, § 24-1D-3 New Mexico health service corps; staff; department powers and duties

24-1D-3. New Mexico health service corps; staff; department powers and duties A. The "New Mexico health service corps" is created in the department to recruit and place health professionals in rural and other medically underserved areas. The secretary of health may employ a medical director to head the corps. The medical director may employ support staff and employ or contract with health professional staff. Employees are subject to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]. B. The corps has the power to: (1) enter into contracts to carry out the provisions of the Health Service Corps Act and sue for enforcement of those contracts; and (2) adopt and file, in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], rules and regulations to carry out the provisions of the Health Service Corps Act. C. The corps shall: (1) recruit health professionals as employees or contractors of the corps; (2) determine physician specialties to be recruited, with a focus on family practice physicians; (3) establish criteria and procedures for the acceptance of applications and selection of recipients for commitment stipends; (4) establish criteria and procedures for evaluating and qualifying corps health professionals; (5) determine and maintain a list of eligible communities and practice sites; (6) determine the need for health professionals at each practice site and assign staff as needed on a priority basis; (7) provide support for health professionals at practice sites; (8) work closely with the commission on higher education and the educational assistance foundation to coordinate the use of health professionals who have practice obligations pursuant to the Medical Student Loan for Service Act [Chapter 21, Article 22 NMSA 1978], the Osteopathic Medical Student Loan for Service Act [Chapter 21, Article 22A NMSA 1978] or the Nursing Student Loan for Service Act [Chapter 21, Article 22B NMSA 1978]; (9) work with the university of New Mexico school of medicine, college of nursing, the emergency medical services academy and any other entity to identify students or residents who qualify for the corps; and (10) establish accounting and auditing procedures to account for all money paid to health professionals or received from communities and practice sites. Laws 1994, ch. 63, § 3.

NMSA 1978, § 24-1D-4 Corps sites; local assistance; reimbursements

24-1D-4. Corps sites; local assistance; reimbursements The corps may require a community or practice site to pay the costs associated with providing corps health professionals in the community. The corps may allow in-kind contributions as partial or complete payment. The corps may negotiate with the community on the amount of money or in-kind services that shall be paid to the state. Money paid to the state shall be deposited in the general fund. Payback requirements and in-kind contributions shall be determined and negotiated based on formulas adopted pursuant to regulations. Laws 1994, ch. 63, § 4.

NMSA 1978, § 24-1D-5 Corps service; commitment stipends

24-1D-5. Corps service; commitment stipends A. The corps may provide commitment stipends to potential health professionals who agree to serve in the corps for at least two years. Commitment stipends shall be determined by the department within available revenue. B. Nothing in the Health Service Corps Act prohibits the corps from hiring health professionals who have not received commitment stipends. Laws 1994, ch. 63, § 5.

NMSA 1978, § 24-1D-6 Evaluations prior to corps service; stipend payback

24-1D-6. Evaluations prior to corps service; stipend payback A. All corps health professionals shall be licensed or certified to practice in New Mexico. If the corps determines that a person does not meet the corps' standards for service, that person shall not serve as a corps health professional. B. Prior to service, the corps shall evaluate every student and resident to whom commitment stipends have been paid. Evaluations shall continue during service. Evaluations shall include grades; licensing test scores; recommendations of professors, professional mentors and co-workers; and other factors the corps determines by regulation to be pertinent to ensuring the provision of quality health care through the corps. C. If a person to whom a commitment stipend has been paid does not qualify for service, he shall pay back the total stipend on terms and conditions set forth in the contract with the corps. If a person to whom a commitment stipend has been paid is serving in the corps and he is deemed unsatisfactory, he shall pay back the amount of stipend determined by formula to be owed pursuant to terms and conditions set forth in the contract with the corps. D. If a person to whom a commitment stipend has been paid qualifies for service, he may pay back the stipend through service in a community specified by the department under conditions approved by the department even if he is not an employee or contractor of the corps. Laws 1994, ch. 63, § 6.

NMSA 1978, § 24-1D-7 Corps service for educational loan-for-service programs

24-1D-7. Corps service for educational loan-for-service programs Service in the corps may be used to satisfy service requirements pursuant to the provisions of state educational loan-for-service programs. Laws 1994, ch. 63, § 7.

NMSA 1978, § 24-1D-8 Administrative assistance

24-1D-8. Administrative assistance The corps may contract with other agencies to assist it in paying stipends and collecting money owed pursuant to contract provisions or penalties. Laws 1994, ch. 63, § 8.

NMSA 1978, § 24-1D-9 Legal counsel

24-1D-9. Legal counsel The office of general counsel of the department of health shall provide legal services to the corps. The general form of stipend contracts entered into pursuant to the provisions of the Health Service Corps Act shall be approved by a special assistant attorney general employed by the department of health and signed by the resident or student and the medical director or his authorized representative on behalf of the state. The corps is vested with full and complete authority and power to sue in its own name for any balance due the state from a resident or student on a contract. Money paid pursuant to contract shall be deposited in the general fund. Laws 1994, ch. 63, § 9.

NMSA 1978, § 24-1D-10 Failure to serve; penalty

24-1D-10. Failure to serve; penalty If a health professional whom the corps deems qualified to serve does not serve or serves only a portion of his service obligation, he is subject to a penalty of three times the amount of the total commitment stipend, plus eighteen percent interest per year. The corps shall provide by regulation for mitigating circumstances, the assessment of the penalty and payback schedules. Laws 1994, ch. 63, § 10.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18524/index.doFetched: 10/20/2026