us-nm/stat
NMSA 1978, § 7-2-18.22 — Rural health care practitioner tax credit
A.
A taxpayer who files an individual New Mexico tax return, who is not a dependent
of another individual, who is an eligible health care practitioner and who has provided
health care services in New Mexico in a rural health care underserved area in a taxable
year may claim a credit against the tax liability imposed by the Income Tax Act. The
credit provided in this section may be referred to as the "rural health care practitioner
tax credit".
B.
The rural health care practitioner tax credit may be claimed and allowed in an
amount that shall not exceed:
(1) five thousand dollars ($5,000) for all physicians, osteopathic physicians,
dentists, psychologists, podiatric physicians and optometrists who qualify pursuant to
the provisions of this section and have provided health care during a taxable year for at
least one thousand five hundred eighty-four hours at a practice site located in an
approved rural health care underserved area. Eligible health care practitioners listed in
this paragraph who provided health care services for at least seven hundred ninety-two
hours but less than one thousand five hundred eighty-four hours at a practice site
located in an approved rural health care underserved area during a taxable year are
eligible for one-half of the tax credit amount; and
(2) three thousand dollars ($3,000) for all pharmacists, dental hygienists,
physician assistants, certified registered nurse anesthetists, certified nurse practitioners,
clinical nurse specialists, registered nurses, midwives, licensed clinical social workers,
licensed independent social workers, professional mental health counselors,
professional clinical mental health counselors, marriage and family therapists,
professional art therapists, alcohol and drug abuse counselors and physical therapists
who qualify pursuant to the provisions of this section and have provided health care
during a taxable year for at least one thousand five hundred eighty-four hours at a
practice site located in an approved rural health care underserved area. Eligible health
care practitioners listed in this paragraph who provided health care services for at least
seven hundred ninety-two hours but less than one thousand five hundred eighty-four
hours at a practice site located in an approved rural health care underserved area
during a taxable year are eligible for one-half of the tax credit amount.
C.
Before an eligible health care practitioner may claim the rural health care
practitioner tax credit, the practitioner shall submit a completed application to the
department of health that describes the practitioner's clinical practice and contains
additional information that the department of health may require. The department of
health shall determine whether an eligible health care practitioner qualifies for the rural
health care practitioner tax credit and shall issue a certificate to each qualifying eligible
health care practitioner. The department of health shall provide the taxation and
revenue department appropriate information for all eligible health care practitioners to
whom certificates are issued in a secure manner on regular intervals agreed upon by
both the taxation and revenue department and the department of health.
D.
A taxpayer claiming the credit provided by this section shall submit a copy of the
certificate issued by the department of health with the taxpayer's New Mexico income
tax return for the taxable year. If the amount of the credit claimed exceeds a taxpayer's
tax liability for the taxable year in which the credit is being claimed, the excess may be
carried forward for three consecutive taxable years.
E.
A taxpayer allowed a tax credit pursuant to this section shall claim the credit on
forms and in a manner required by the department.
F.
The tax credit provided by this section shall be included in the tax expenditure
budget pursuant to Section 7-1-84 NMSA 1978, including the annual aggregate cost of
the tax credit.
G.
As used in this section:
(1) "eligible health care practitioner" means:
(a) a dentist or dental hygienist licensed pursuant to the Dental Health Care
Act [Chapter 61, Article 5A NMSA 1978];
(b) a midwife that is a: 1) certified nurse-midwife licensed by the board of
nursing as a registered nurse and licensed by the public health division of the
department of health to practice nurse-midwifery as a certified nurse-midwife; or 2)
licensed midwife licensed by the public health division of the department of health to
practice licensed midwifery;
(c) an optometrist licensed pursuant to the provisions of the Optometry Act
[Chapter 61, Article 2 NMSA 1978];
(d) an osteopathic physician licensed pursuant to the provisions of the
Medical Practice Act [Chapter 61, Article 6 NMSA 1978];
(e) a physician licensed pursuant to the provisions of the Medical Practice Act
or a physician assistant licensed pursuant to the provisions of the Physician Assistant
Act [Chapter 61, Article 6C NMSA 1978];
(f) a podiatric physician licensed pursuant to the provisions of the Podiatry
Act [Chapter 61, Article 8 NMSA 1978];
(g) a psychologist licensed pursuant to the provisions of the Professional
Psychologist Act [Chapter 61, Article 9 NMSA 1978];
(h) a registered nurse licensed pursuant to the provisions of the Nursing
Practice Act [Chapter 61, Article 3 NMSA 1978];
(i) a pharmacist licensed pursuant to the provisions of the Pharmacy Act
[Chapter 61, Article 11 NMSA 1978];
(j) a licensed clinical social worker or a licensed independent social worker
licensed pursuant to the provisions of the Social Work Practice Act [Chapter 61, Article
31 NMSA 1978];
(k) a professional mental health counselor, a professional clinical mental
health counselor, a marriage and family therapist, an alcohol and drug abuse counselor
or a professional art therapist licensed pursuant to the provisions of the Counseling and
Therapy Practice Act [Chapter 61, Article 9A NMSA 1978]; and
(l) a physical therapist licensed pursuant to the provisions of the Physical
Therapy Act [61-12D-1 through 61-12D-19 NMSA 1978];
(2) "health care underserved area" means a geographic area or practice
location in which it has been determined by the department of health, through the use of
indices and other standards set by the department of health, that sufficient health care
services are not being provided;
(3) "practice site" means a private practice, public health clinic, hospital,
public or private nonprofit primary care clinic or other health care service location in a
health care underserved area; and
(4) "rural" means a rural county or an unincorporated area of a partially rural
county, as designated by the health resources and services administration of the United
States department of health and human services.
Source: official text