A. Solicitation of subscriberships for a health care plan shall be made only by insurance producers of the plan who are duly qualified, appointed and licensed as such under the Insurance Code. This provision shall not apply to salaried officers or employees of health care plans who are visiting or instructing their licensed insurance producers and who do not receive any part of the commission for any business written by such insurance producers with their assistance.

B. No person shall be appointed or licensed as a health care plan insurance producer unless qualified as follows:

(1) is an individual at least eighteen years of age;

(2) has had, or will receive, reasonable experience or instruction in the health care plan for which license is applied;

(3) is trustworthy and of good business reputation;

(4) intends to engage in a bona fide way in the business of the health care plan; and

(5) passes an examination for license given by or under authorization of the superintendent.

C. A health care plan insurance producer shall be appointed by and at any one time represent only one health care plan.

D. Subject to the other provisions of this section, procedures for appointment and licensing insurance producers, examination, issuance or denial of license, continuation or expiration, suspension, revocation or refusal to continue license and other applicable matters relating to licensing and licenses shall be as provided as to licenses of insurance producers as to health insurance under Chapter 59A, Article 11 NMSA 1978. Fee for application for license and continuation of license shall be as specified in Section 59A-6-1 NMSA 1978, and neither fee shall be refundable.

History: Laws 1984, ch. 127, § 879.29; 1999, ch. 272, § 23; 1999, ch. 289, § 35; 2016, ch. 89, § 67.

The 2016 amendment, effective July 1, 2017, replaced "agent" and "solicitor" with "insurance producer" throughout the section; in Subsection A, after the next "of", deleted "such" and added "the", after "plan", deleted "or solicitors of such agents", after "shall not apply", deleted "as", after "instructing their licensed", deleted "agents" and added "insurance producers", and after "written by such", deleted "agents" and added "insurance producers"; in Subsection B, in the introductory sentence, after "health care plan", deleted "agent or solicitor" and added "insurance producer", and after "qualified", deleted "therefor", in Paragraph (3), after "is", deleted "be", and in Paragraph (5), after "passes", deleted "to the superintendent's satisfaction"; in Subsection C, after "health care plan", deleted "agent" and added "insurance producer" and after "only one", deleted "such" and added "health care"; and in Subsection D, after "appointment and licensing", deleted "such agents and solicitors" and added "insurance producers", after "matters relating to", deleted "such", and after "provided as to licenses of", deleted "agents and solicitors" and added "insurance producers".

Severability. — Laws 2016, ch. 89, § 71 provided that if any part or application of Laws 2016, ch. 89 is held invalid, the remainder or its application to other situations or persons shall not be affected.

The 1999 amendment, effective June 18, 1999, deleted former Paragraph B(2), which read "must be a resident of New Mexico", redesignated the subsequent paragraphs accordingly, updated the statutory references in Subsection D and made minor stylistic changes.