A. The higher education department is authorized to grant a loan to defray the expenses of the medical education of a student deemed qualified by the department to receive the medical education, upon such terms and conditions as may be imposed by regulations of the department.

B. The department shall only receive, pass upon and allow or disallow those applications for loans made by those students enrolled or accepted by colleges of medicine who are bona fide citizens and residents of the United States and of New Mexico and who declare their intent to practice as physicians within designated areas of the state.

C. The department shall make a full and careful investigation of the ability, character and qualifications of each applicant and determine the applicant's fitness to become a recipient of a student loan. The investigation of each applicant shall include an investigation of the ability of the applicant and the applicant's parents or guardians to pay the applicant's expenses for a medical education. The department shall give preference to qualified applicants who:

(1) are unable, or whose parents or guardians are unable, to pay the applicant's expenses in obtaining a medical education; and

(2) are attending an accredited New Mexico medical school.

D. The department shall arrange for loan recipients to receive assistance in locating, planning and implementing the establishment and maintenance of a medical practice in a designated underserved area.

History: 1953 Comp., § 73-38A-4, enacted by Laws 1975, ch. 244, § 4; 1982, ch. 34, § 2; 1991, ch. 262, § 30; 2017, ch. 138, § 1.

Compiler's notes. — House Bill 126, enacted by the Fifty-Third Legislature, First Session, 2017, was vetoed by the governor on March 15, 2017. Pursuant to the First Judicial District Court's decision in State ex rel. New Mexico Legislative Council v. Honorable Susana Martinez, Governor of the State of New Mexico et al., D-101-CV-2017-01550, and affirmed by S.Ct. Order No. S-1-SC-36731, on April 25, 2018, which held that Article IV, Section 22 of the New Mexico Constitution requires that objections must accompany a returned bill, House Bill 126 was chaptered into law by the Secretary of State.

The 2017 amendment, effective March 15, 2017, required the department of higher education to give preference for financial assistance to qualified applicants who are attending an accredited New Mexico medical school, and changed "commission" to "department" throughout the section; in Subsection A, at the beginning of the sentence, changed "commission" to "higher education department"; and in Subsection C, replaced "his" with "the applicant's" throughout the subsection, added the paragraph designation "(1)", and added Paragraph C(2).

The 1991 amendment, effective June 14, 1991, substituted "Commission on higher education" for "Board" in the catchline; substituted "commission" for "board" throughout the section; and made a minor stylistic change in Subsection A.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities §§ 19 to 22.

14A C.J.S. Colleges and Universities §§ 7, 31, 33.