00:00:00
Speaker 1: The first step. Bob Clark, along with Dale Cornelia is a kind of the Newsroom ninety six to three news Radio KKOB. The Senate on Friday unanimously passing forty to zero was the vote Senate Bill one, which is the Interstate Medical Licenser Compact Action. Now it goes on to the House where it's expected to pass and get reaction now from the executive director, Fred Nathan from a Think New Mexico. Fred, it's always a pleasure to have you on the show. How you doing this morning?
00:00:26
Speaker 2: Doing well? And thanks for having me back.
00:00:28
Speaker 1: This is a key development in the sense that last year the compact bill made it through the House but was blocked in the Senate. So they started in the Senate this year and it ends up passing unanimously. Many lawmakers say this version is a better version. So tell us about the details of this bill since it is expected to pass the House now.
00:00:47
Speaker 2: Well, we're thrilled and it does two important things that will help patients. First, it streamlines the process for a doctor moving from out of state to New Mexico. Currently, because we're not in the impact, it's about six months from when a doctor applies and gets approved by the medical board, they have to come up with their college transcript, their medical school transcript, and lots and lots of documents. With our joining the compact, they can practice immediately and their license from their previous state is accepted as if it were from New Mexico. And the second way that it helps patients is through telehealth. Right now, there are a lot of New Mexicans that see specialists out of state. They could just consult them over the phone if we pass this compact. Currently, though, doctors out of state will not give advice over the phone to New Mexico patients because it would be akin to practicing medicine in New Mexico without a license. So this would help tens of thousands of New Mexico patients who need to see specialists out of the state.
00:01:57
Speaker 1: Fred, does this build? Does this be one? Just add us because we had we were only there are ten total compacts that are available for states. We were in one, the nursing one. So now we add doctors. Is that the only compact that's being added through this bill? Or are we adding some other compacts as well?
00:02:15
Speaker 2: Correct? This is the only This is just the doctor's compact, and you're exactly right. There's nine other compacts. They've all been introduced in the House. They last week passed their first committee House Health unanimously. They're up this afternoon and House Judiciary, and we expect they'll be passed and could get to the floor by Wednesday. And this is very important bot because these are compacts for psychologists. We have shortages of those EFTs, shortages of those dentists, shortages of those so it's very important that we pass all ten compacts.
00:02:51
Speaker 1: So if the House bill does add all ten compacts, then obviously their bill there would have to be some work done then with the Senate to sort of combine these two bills and get their approval.
00:03:02
Speaker 2: Correct correct and they're running individually, so it's nine bills that the Senate would have to approve. But they did a terrific job with the Doctor's Compact last week, so.
00:03:12
Speaker 1: Definitely a good, strong first step, especially this early in the session for what's just a thirty day session, so it would appear as though there will be some time to kind of deal with some of the nuances of both of these bills and try to get them passed it on the Governor's desk before February.
00:03:26
Speaker 2: Nineteenth, hopefully, and it does feel like the tide has turned in towards reforms. So we're optimistic, certainly about the Doctor's Compact. They're saying they're going to pass the Social Workers Compact, which helps with behavioral health. But we've got these other compacts, and there's no word yet whether the Senate will pass the nine that will be coming over from the House.
00:03:48
Speaker 1: Fred Nathan is the executive director of Think New Mexico. With us here on ninety six three news radio KQB. Now, Fred, I keep referring to this as a first step because we know that obviously a part of this when it comes to dealing with our healthcare provider shortage in New Mexico, medical malpractice reform is an issue of much urgency as well. What's the latest there and what were your what was your reaction to the front page quote from Governor Michelle on Grisham to a big story in the Albuquerque Journal on Friday where she says, flat out he goes, this is a medical malpractice reform has to happen before I'm before I leave office at the end of this year.
00:04:26
Speaker 2: Well, actually, we were delighted to read that and she's been outspoken really for the last six months about this, and she has the power to call the legislature into special session, and I think that's an important tool in her toolbox and makes us more optimistic. And you're exactly right to Bobs that while it's an effective tool to get these compacts passed in terms of attracting and recruiting doctors, but without medical malpractice reform, we won't be able to retain them. And a lot of said made that point on the floor, and that's I think also another good development because it seems like the tide has also shifted in terms of wanting to pass this medical malpractice reform bill, which we so desperately need.
00:05:15
Speaker 1: Fred, I know you've been working very hard on both of these issues as it relates to our doctor shortage in New Mexico. So I'm sure you were not surprised at all to see a precession meeting with the LFC and the Legislative Finance Committee staff presenting to them the results of a survey that they did with about twelve hundred or more current and former doctors here in New Mexico, and some of the highlights sixty five percent of the physicians who took part in the survey, if they haven't left already, they have considered leaving the state. And at the very top of the list as to why, medical malpractice and punitive damages, eighty three percent of the doctors noted that reason specifically for why and then the other thing too. And I know this is something that you are familiar with as well, but they're The report indicated that nearly forty percent of all of the doctors in New Mexico are over the age of sixty and approaching retirement. So that doesn't spell good news for the future either. If we don't do something now.
00:06:12
Speaker 2: That's exactly right. We're projected to be down by over two thousand doctors by twenty thirty, which isn't that far away unless we take some action, And I think that's an impetus to pass medical malpractice reform this session.
00:06:28
Speaker 1: We can certainly pass a bill that has the words medical malpractice reform attached to it, but how meaningful will the final result be? What's your confidence level?
00:06:38
Speaker 2: It's increasing, And the way to judge whether we're getting substant of medical malpractice reform is we have to have something done about punitive damages. We have the lowest standard in the country for proving punitive damages, just preponderance of the evidence, meaning if a judge or a jury is about fifty one percent sure, they can put out punitive damages. And the other problem is there's no cap on punitive damages. And we had the biggest medical malpractice punitive damages judgment in the history of the country last year in Albuquerque in the New male medical case, where a jury awarded three hundred and seventy five million dollars in punitive damages. So I think that just highlights the need for us to get this under control. So those are the two things that we're looking for. There are a lot of other reforms that are necessary. We should prohibit venue shopping, where trial lawyers are able to move cases from sort of more fiscally responsible jurisdictions to jurisdictions where juries are notoriously generous, and that doesn't serve justice when the healthcare provider isn't being judged by the standards of their own community community totally across the state.
00:08:03
Speaker 1: Fred I always yeah, fred I very much appreciate your time as always, and we'll stay in touch with you throughout the rest of the session on these issues.
00:08:10
Speaker 2: Many thanks Bob,
Speaker 1: The first step. Bob Clark, along with Dale Cornelia is a kind of the Newsroom ninety six to three news Radio KKOB. The Senate on Friday unanimously passing forty to zero was the vote Senate Bill one, which is the Interstate Medical Licenser Compact Action. Now it goes on to the House where it's expected to pass and get reaction now from the executive director, Fred Nathan from a Think New Mexico. Fred, it's always a pleasure to have you on the show. How you doing this morning?
00:00:26
Speaker 2: Doing well? And thanks for having me back.
00:00:28
Speaker 1: This is a key development in the sense that last year the compact bill made it through the House but was blocked in the Senate. So they started in the Senate this year and it ends up passing unanimously. Many lawmakers say this version is a better version. So tell us about the details of this bill since it is expected to pass the House now.
00:00:47
Speaker 2: Well, we're thrilled and it does two important things that will help patients. First, it streamlines the process for a doctor moving from out of state to New Mexico. Currently, because we're not in the impact, it's about six months from when a doctor applies and gets approved by the medical board, they have to come up with their college transcript, their medical school transcript, and lots and lots of documents. With our joining the compact, they can practice immediately and their license from their previous state is accepted as if it were from New Mexico. And the second way that it helps patients is through telehealth. Right now, there are a lot of New Mexicans that see specialists out of state. They could just consult them over the phone if we pass this compact. Currently, though, doctors out of state will not give advice over the phone to New Mexico patients because it would be akin to practicing medicine in New Mexico without a license. So this would help tens of thousands of New Mexico patients who need to see specialists out of the state.
00:01:57
Speaker 1: Fred, does this build? Does this be one? Just add us because we had we were only there are ten total compacts that are available for states. We were in one, the nursing one. So now we add doctors. Is that the only compact that's being added through this bill? Or are we adding some other compacts as well?
00:02:15
Speaker 2: Correct? This is the only This is just the doctor's compact, and you're exactly right. There's nine other compacts. They've all been introduced in the House. They last week passed their first committee House Health unanimously. They're up this afternoon and House Judiciary, and we expect they'll be passed and could get to the floor by Wednesday. And this is very important bot because these are compacts for psychologists. We have shortages of those EFTs, shortages of those dentists, shortages of those so it's very important that we pass all ten compacts.
00:02:51
Speaker 1: So if the House bill does add all ten compacts, then obviously their bill there would have to be some work done then with the Senate to sort of combine these two bills and get their approval.
00:03:02
Speaker 2: Correct correct and they're running individually, so it's nine bills that the Senate would have to approve. But they did a terrific job with the Doctor's Compact last week, so.
00:03:12
Speaker 1: Definitely a good, strong first step, especially this early in the session for what's just a thirty day session, so it would appear as though there will be some time to kind of deal with some of the nuances of both of these bills and try to get them passed it on the Governor's desk before February.
00:03:26
Speaker 2: Nineteenth, hopefully, and it does feel like the tide has turned in towards reforms. So we're optimistic, certainly about the Doctor's Compact. They're saying they're going to pass the Social Workers Compact, which helps with behavioral health. But we've got these other compacts, and there's no word yet whether the Senate will pass the nine that will be coming over from the House.
00:03:48
Speaker 1: Fred Nathan is the executive director of Think New Mexico. With us here on ninety six three news radio KQB. Now, Fred, I keep referring to this as a first step because we know that obviously a part of this when it comes to dealing with our healthcare provider shortage in New Mexico, medical malpractice reform is an issue of much urgency as well. What's the latest there and what were your what was your reaction to the front page quote from Governor Michelle on Grisham to a big story in the Albuquerque Journal on Friday where she says, flat out he goes, this is a medical malpractice reform has to happen before I'm before I leave office at the end of this year.
00:04:26
Speaker 2: Well, actually, we were delighted to read that and she's been outspoken really for the last six months about this, and she has the power to call the legislature into special session, and I think that's an important tool in her toolbox and makes us more optimistic. And you're exactly right to Bobs that while it's an effective tool to get these compacts passed in terms of attracting and recruiting doctors, but without medical malpractice reform, we won't be able to retain them. And a lot of said made that point on the floor, and that's I think also another good development because it seems like the tide has also shifted in terms of wanting to pass this medical malpractice reform bill, which we so desperately need.
00:05:15
Speaker 1: Fred, I know you've been working very hard on both of these issues as it relates to our doctor shortage in New Mexico. So I'm sure you were not surprised at all to see a precession meeting with the LFC and the Legislative Finance Committee staff presenting to them the results of a survey that they did with about twelve hundred or more current and former doctors here in New Mexico, and some of the highlights sixty five percent of the physicians who took part in the survey, if they haven't left already, they have considered leaving the state. And at the very top of the list as to why, medical malpractice and punitive damages, eighty three percent of the doctors noted that reason specifically for why and then the other thing too. And I know this is something that you are familiar with as well, but they're The report indicated that nearly forty percent of all of the doctors in New Mexico are over the age of sixty and approaching retirement. So that doesn't spell good news for the future either. If we don't do something now.
00:06:12
Speaker 2: That's exactly right. We're projected to be down by over two thousand doctors by twenty thirty, which isn't that far away unless we take some action, And I think that's an impetus to pass medical malpractice reform this session.
00:06:28
Speaker 1: We can certainly pass a bill that has the words medical malpractice reform attached to it, but how meaningful will the final result be? What's your confidence level?
00:06:38
Speaker 2: It's increasing, And the way to judge whether we're getting substant of medical malpractice reform is we have to have something done about punitive damages. We have the lowest standard in the country for proving punitive damages, just preponderance of the evidence, meaning if a judge or a jury is about fifty one percent sure, they can put out punitive damages. And the other problem is there's no cap on punitive damages. And we had the biggest medical malpractice punitive damages judgment in the history of the country last year in Albuquerque in the New male medical case, where a jury awarded three hundred and seventy five million dollars in punitive damages. So I think that just highlights the need for us to get this under control. So those are the two things that we're looking for. There are a lot of other reforms that are necessary. We should prohibit venue shopping, where trial lawyers are able to move cases from sort of more fiscally responsible jurisdictions to jurisdictions where juries are notoriously generous, and that doesn't serve justice when the healthcare provider isn't being judged by the standards of their own community community totally across the state.
00:08:03
Speaker 1: Fred I always yeah, fred I very much appreciate your time as always, and we'll stay in touch with you throughout the rest of the session on these issues.
00:08:10
Speaker 2: Many thanks Bob,