2023 New Mexico Statutes
Chapter 24 - Health and Safety
Article 1I - Health Care Practitioner Agreements
Section 24-1I-5 - Applicability.
A. Chapter 24, Article 1I NMSA 1978 does not apply to agreements between health care practitioners who are shareholders, owners, partners or directors of a health care practice.
B. Except as provided by Subsections C and D of this section, the provisions of Chapter 24, Article 1I NMSA 1978 apply to agreements, or renewals or extensions of agreements, executed on or after July 1, 2015.
C. The provisions of Subsection B of Section 24-1I-2 NMSA 1978 apply to agreements, or renewals or extensions of agreements, executed on or after April 6, 2017.
D. For psychologists, physician assistants and pharmacists, the provisions of Chapter 24, Article 1I NMSA 1978 apply to agreements, or renewals or extensions of agreements, executed on or after the effective date of this 2023 act.
History: Laws 2015, ch. 96, § 5; 2017, ch. 123, § 3; 2023, ch. 97, § 2.
ANNOTATIONSCompiler's notes. — Laws 2023, ch. 97 contained an emergency clause provision. The "effective date of this 2023 act", referenced in Subsection D, is April 4, 2023, the date Laws 2023, ch. 97 was signed into law by the governor.
The 2023 amendment, effective April 4, 2023, included psychologists, physician assistants, and pharmacists within the scope of Chapter 24, Article 1I NMSA 1978 for the purpose of making certain provisions in health care practitioner agreements void, unenforceable and against public policy; in Subsection B, added "and D"; in Subsection C, after "on or after", deleted "the effective date of this 2017 act" and added "April 6, 2017"; and added Subsection D.
The 2017 amendment, effective April 6, 2017, made certain non-compete provisions in Section 24-1I-2(B) NMSA 1978 effective immediately; in Subsections A and B, changed "This act" to "Chapter 24, Article 1I NMSA 1978"; in Subsection B, added "Except as provided by Subsection C of this section"; and added Subsection C.