FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 26-1-16.1 — NM_STATUTES Code / Chapter 26 / Article 1 / Section 26-1-16.1
§ 26-1-16.1. Opioids; requiring practitioners to obtain and review reports from the prescription monitoring program
Status: in_force

A. For purposes of this section:

(1) “ opioid ” means the class of drugs that includes the natural derivatives of opium, which are morphine and codeine, and related synthetic and semi-synthetic compounds that act upon opioid receptors;

(2) “practitioner” does not include a pharmacist, veterinarian or euthanasia technician;

(3) “ prescription monitoring program ” means a program that includes a centralized system to collect, monitor and analyze electronically, for Schedule II through V controlled substances, prescribing and dispensing data submitted by dispensers; and

(4) “ Schedule II through V controlled substance ” means a substance listed in Schedule II, III, IV or V pursuant to the Controlled Substances Act 1 or the federal controlled substances regulation, pursuant to 21 U.S.C. 812 .

B. Before a practitioner prescribes or dispenses an opioid for the first time to a patient, the practitioner shall obtain and review a report from the state's prescription monitoring program for such patient for the previous twelve calendar months. If the practitioner has access to a similar report from an adjacent state for the patient, the practitioner shall also obtain and review that report. The provisions of this subsection shall not apply to the prescription or dispensing of an opioid for a supply of four days or less.

C. A practitioner shall obtain and review a report from the state's prescription monitoring program and similar reports from an adjacent state, if any, no less than once every three months for each established patient for whom the practitioner continuously prescribes or dispenses opioids.

D. A practitioner shall document the receipt and review of reports required by this section in the patient's medical record.

E. Nothing in this section shall be construed to prevent a practitioner from obtaining and reviewing a report regarding a practitioner's patient from the state's prescription monitoring program or a similar report from another state with greater frequency than that required by this section, in accordance with the practitioner's professional judgment.

F. Nothing in this section shall be construed to require a practitioner to obtain a prescription monitoring report when prescribing an opioid to a patient in a nursing facility or in hospice care.

G. The professional licensing board of each category of practitioner that is licensed or otherwise authorized to prescribe or dispense an opioid shall promulgate rules to implement the provisions of this section. Nothing in this section shall be construed to prevent a professional licensing board from requiring by rule that practitioners obtain prescription monitoring program reports with greater frequency than that required by this section.
N.M. Stat. § 10-11-120 — NM_STATUTES Code / Chapter 10 / Article 11 / Section 10-11-120
§ 10-11-120. Denial of benefit claim; appeals
Status: in_force

A. A benefit claimant shall be notified in writing of a denial of a claim for benefits within thirty days of the denial. The notification shall give the reason for the denial. A claimant may appeal the denial and request a hearing. The appeal shall be in writing filed with the association within ninety days of the denial. The appeal shall contain a statement of the claimant's reason for claiming the denial to be improper. The retirement board shall schedule a de novo hearing of the appeal before the retirement board or, at the discretion of the retirement board, a designated hearing officer or committee of the retirement board within sixty days of receipt of the appeal. A final decision on the matter being appealed shall be made by the retirement board.

B. Appeals from a final decision of the retirement board may be filed pursuant to the provisions of Section 39-3-1.1 NMSA 1978 .
N.M. Stat. § 6-3-1 — NM Code / Chapter 6 / Article 3 / Section 6-3-1
§ 6-3-1. State agency defined
Status: in_force

“State agency” means any department, institution, board, bureau, commission, district or committee of government of the state of New Mexico and means every office or officer of any of the above.
N.M. Stat. § 11-8-1 — NM Code / Chapter 11 / Article 8 / Section 11-8-1
§ 11-8-1. Compact for education entered into
Status: in_force

The “Compact for Education” is hereby entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as set out in Sections 11-8-1 through 11-8-11 NMSA 1978 .
N.M. Stat. § 19-10-20 — NM Code / Chapter 19 / Article 10 / Section 19-10-20
§ 19-10-20. Cancellation of lease for nonpayment or nonperformance of requirements by lessee; notice
Status: in_force

The commissioner is hereby authorized to cancel any lease issued as provided herein for nonpayment of rentals or nonperformance by the lessee of any provision or requirement of the lease; provided, however, that before any such cancellation shall be made the commissioner must mail to the lessee or assignee by registered letter, addressed to the post-office address of such lessee or assignee shown by the records of the office of the commissioner, a notice of intention to cancel said lease, specifying the default for which the lease is subject to cancellation, and if within thirty (30) days after the mailing of said notice to the lessee or assignee he shall remedy the default specified in such notice, then no cancellation of the said lease shall be entered by the commissioner but otherwise the said cancellation shall be made and all rights of the lessee or assignee under the lease shall thereupon terminate. The mailing of the notice as provided in this section shall constitute notice of the intention of the commissioner to cancel the lease and no proof of receipt of such notice shall be necessary or required. All notices required to be given hereunder on account of failure to pay rentals shall be mailed within ninety (90) days after said rentals shall have become delinquent, and as to all leases under the terms of which rentals are delinquent as of the effective date of this amendment said notices shall be mailed within ninety (90) days from the effective date hereof.
N.M. Stat. § 4-55D-8 — NM Code / Chapter 4 / Article 55D / Section 4-55D-8
§ 4-55D-8. Eligible costs; additional criteria prohibited
Status: in_force

A. Costs capitalized into the special assessment financing principal amount may include:

(1) the cost of materials and labor necessary for installation or modification of an eligible improvement;

(2) permit fees;

(3) inspection fees;

(4) capital provider's fees;

(5) program administrative fees;

(6) project development and engineering fees;

(7) third-party review fees, including verification review fees;

(8) capitalized interest;

(9) interest reserves;

(10) escrow for prepaid property taxes and insurance; and

(11) any other fees or costs that may be incurred by the property owner incident or ancillary to the installation, modification or improvement on a specific or pro rata basis.

B. A property may be eligible for financing if otherwise qualified improvements were completed and operational no more than thirty-six months prior to submission of the application to the local government.

C. A county or program administrator shall not require property owners or capital providers to access administrative services from the county or program administrator other than those provided for in the Improvement Special Assessment Act.

D. Program administrative fees shall reflect the reasonable costs of the county or program administrator to provide administrative services for the program but shall not exceed the lesser of one percent of the principal amount of the special assessment financing or twenty-five thousand dollars ($25,000).
N.M. Stat. § 63-9F-6 — NM Code / Chapter 63 / Article 9F / Section 63-9F-6
§ 63-9F-6. Telecommunications relay system
Status: in_force

A. The commission shall administer a telecommunications relay system that enables impaired individuals to communicate with unimpaired individuals.

B. The commission shall invite proposals or bids, or both, from telecommunications companies to design and implement a telecommunications relay system. The commission shall comply with the provisions of the Procurement Code in contracting for the services and property required. The commission shall consider the factors of price and the interest of the community of impaired individuals in having access to a high quality and technologically advanced system. New Mexico residency shall be given a weight of five percent of the total weight of all evaluation factors in a proposal evaluation. Any business that qualifies as a “resident business” as defined in Section 13-1-21 NMSA 1978 shall receive a five percent preference. In the procurement process, the commission shall request and consider the recommendations of the communications assistants who have provided the voice relay service used in the state.

C. If the commission determines that no proposal or bid is acceptable after review, the commission may provide the telecommunications relay system.

D. The telecommunications relay system shall:

(1) be available statewide for operation twenty-four hours a day every day of the year;

(2) relay all messages promptly and accurately;

(3) protect and maintain the privacy of individuals using the system;

(4) preserve the confidentiality of all telephone communications; and

(5) conform to all applicable standards established by state and federal laws and regulations adopted pursuant to those laws.
N.M. Stat. § 22-15E-3 — NM Code / Chapter 22 / Article 15E / Section 22-15E-3
§ 22-15E-3. Bureau created; duties
Status: in_force

A. The “mathematics and science bureau” is created in the department. The secretary shall appoint the chief as provided in the Public Education Department Act.

B. The bureau shall:

(1) administer the provisions of the Mathematics and Science Education Act;

(2) provide staff support for and coordinate the activities of the council;

(3) work with the council to develop a statewide strategic plan for mathematics and science education in the public schools and coordinate education activities with other state agencies, the federal government, business consortia and public or private organizations or other persons;

(4) ensure that school districts' plans include goals for improving mathematics and science education aligned to the department's strategic plan;

(5) recommend funding mechanisms that support the improvement of mathematics and science education in the state, including web-based mathematics and science curricula, mentoring and web-based homework assistance;

(6) promote partnerships among public schools, higher education institutions, government, business and educational and community organizations to improve the mathematics and science education in the state;

(7) develop and evaluate curricula, instructional programs and professional development programs in mathematics and science aligned with state academic content and performance standards; and

(8) assess the outcomes of efforts to improve mathematics and science education using existing data.
N.M. Stat. § 20-12-12 — NM Code / Chapter 20 / Article 12 / Section 20-12-12
§ 20-12-12. Absence without leave; confinement during period of duty
Status: in_force

Any member of the national guard who fails to either report for or remain present for unit training assembly, drill, or annual training when so ordered shall be subject to confinement for the duration of that training assembly or annual training to include nights between days of training. The sheriff or any other peace officer of the county in which the unit is training or where the absent national guard member resides or is found shall, upon request of the unit commander, arrest the absent member and confine him in a suitable facility at county expense until the conclusion of the training period or until the member agrees to present himself for duty. Neglect or unjustified refusal of a requested sheriff or other peace officer to so act shall render the sheriff or peace officer guilty of a misdemeanor in accordance with Section 20-11-7 NMSA 1978 .
N.M. Stat. § 22-10B-7 — NM_STATUTES Code / Chapter 22 / Article 10B / Section 22-10B-7
§ 22-10B-7. Rulemaking authority
Status: in_force

The department shall adopt rules as necessary to implement the Teacher Residency Act.
N.M. Stat. § 3-17-1 — NM_STATUTES Code / Chapter 3 / Article 17 / Section 3-17-1
§ 3-17-1. Ordinances; purposes
Status: in_force

The governing body of a municipality may adopt ordinances or resolutions not inconsistent with the laws of New Mexico for the purpose of:

A. effecting or discharging the powers and duties conferred by law upon the municipality;

B. providing for the safety, preserving the health, promoting the prosperity and improving the morals, order, comfort and convenience of the municipality and its inhabitants; and

C. enforcing obedience to the ordinances by prosecution in the municipal court and metropolitan courts and upon conviction the imposition of:

(1) except for those violations of ordinances described in Paragraphs (2) and (3) of this subsection, a fine of not more than five hundred dollars ($500) or imprisonment for not more than ninety days or both;

(2) for a violation of an ordinance prohibiting driving a motor vehicle while under the influence of intoxicating liquor or drugs, a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than three hundred sixty-four days or both; and

(3) for violations of an industrial user wastewater pretreatment ordinance as required by the United States environmental protection agency, a fine of not more than one thousand dollars ($1,000) a day for each violation.
N.M. Stat. § 16-4-1 — NM_STATUTES Code / Chapter 16 / Article 4 / Section 16-4-1
§ 16-4-1. Short title
Status: in_force

This act may be cited as “El Rio Chama Scenic and Pastoral Act.”
N.M. Stat. § 72-12-23 — NM Code / Chapter 72 / Article 12 / Section 72-12-23
§ 72-12-23. Replacement well over one hundred feet from original well
Status: in_force

A. The owner of a water right may drill and use a replacement well drilled over one hundred feet from his original well upon making application but without waiting for the completion of the publication and hearing set out in Section 72-12-3 NMSA 1978 if:

(1) the well is drilled into the same and only the same underground stream, channel, artesian basin, reservoir or lake as the original well; and

(2) the appropriation is of the same amount of water allowed by his water right in the original well; and

(3) an emergency situation exists in which the delay caused by publication and hearing would result in crop loss or other serious economic loss; and

(4) the state engineer, after a preliminary investigation, finds the change does not impair existing water rights, and grants him a permit authorizing the drilling and use of the replacement well prior to the publication and hearing.

B. When the preliminary investigation by the state engineer causes him to reasonably believe that the drilling and use of a replacement well may impair existing rights, then no permit shall be issued until after publication and hearing.
N.M. Stat. § 20-12-66 — NM Code / Chapter 20 / Article 12 / Section 20-12-66
§ 20-12-66. Wrongful use and possession of controlled substances
Status: in_force

A. Any person subject to Chapter 20 NMSA 1978 who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States or introduces into an installation, vessel, vehicle or aircraft used by or under the control of the armed forces a substance described in Subsection B of this section shall be punished as a court-martial may direct.

B. The substances referred to in Subsection A of this section are the following:

(1) opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid and marijuana and any compound or derivative of any such substance;

(2) any substance not specified in Paragraph (1) of this subsection that is listed on a schedule of controlled substances prescribed by the president of the United States for the purposes of this section; and

(3) any other substance not specified in Paragraph (1) of this subsection or contained on a list prescribed by the president under Paragraph (2) of this subsection that is listed in Schedules I through V of Section 202 of the Controlled Substances Act ( 21 U.S.C. 812 ).
N.M. Stat. § 58-1-45 — NM Code / Chapter 58 / Article 1 / Section 58-1-45
§ 58-1-45. Court review
Status: in_force

Any person aggrieved and directly affected by an order of the director may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978 .
N.M. Stat. § 61-18A-9 — NM Code / Chapter 61 / Article 18A / Section 61-18A-9
§ 61-18A-9. Financial statement
Status: in_force

The application for a collection agency license shall be accompanied by a financial statement of the applicant up to not more than sixty days prior to date of application for a new license or renewal, showing the assets and liabilities of the applicant and truly reflecting that that applicant's net worth is not less than the sum of ten thousand dollars ($10,000), and that its liquid assets are not less than one thousand dollars ($1,000) available for use in licensee's business. The financial statement shall be sworn to by the applicant, if the applicant is an individual or by a partner, director, manager or trustee in its behalf, if the applicant is a partnership, corporation or unincorporated association. The information contained in the financial statement shall be confidential and not a public record.
N.M. Stat. § 10-16C-6 — NM Code / Chapter 10 / Article 16C / Section 10-16C-6
§ 10-16C-6. Limitation on actions
Status: in_force

A civil action pursuant to the Whistleblower Protection Act shall be forever barred unless the action is filed within two years from the date on which the retaliatory action occurred.
N.M. Stat. § 27-2-12.21 — NM_STATUTES Code / Chapter 27 / Article 2 / Section 27-2-12.21
§ 27-2-12.21. Medical assistance; pharmacy benefits; prescription synchronization
Status: in_force

A. In accordance with federal law, the secretary shall adopt and promulgate rules that allow a recipient to fill or refill a prescription for less than a thirty-day supply of a prescription drug and apply a prorated daily copayment or coinsurance, if applicable, for the fill or refill, if:

(1) the prescribing practitioner or the pharmacist determines the fill or refill to be in the best interest of the patient;

(2) the recipient requests or agrees to receive less than a thirty-day supply of the prescription drug; and

(3) the reduced fill or refill is made for the purpose of synchronizing the recipient's prescription drug fills.

B. Medical assistance coverage shall not:

(1) deny coverage for the filling of a chronic medication when the fill is made in accordance with a plan to synchronize multiple prescriptions for the recipient pursuant to Subsection A of this section established among the department or the recipient's managed care plan, the prescribing practitioner and a pharmacist. The medical assistance coverage shall allow a pharmacy to override any denial indicating that a prescription is being refilled too soon for the purposes of medication synchronization; and

(2) prorate a dispensing fee to a pharmacy that fills a prescription with less than a thirty-day supply of prescription drug pursuant to Subsection A of this section. The medical assistance coverage shall pay in full a dispensing fee for a partially filled or refilled prescription for each prescription dispensed, regardless of any prorated copayment or coinsurance that the recipient may pay for prescription synchronization services.
N.M. Stat. § 1-15-16.1 — NM Code / Chapter 1 / Article 15 / Section 1-15-16.1
§ 1-15-16.1. Precincts
Status: in_force

A. Precinct designations and boundaries used in the 2021 congressional redistricting are those precinct designations and boundaries established pursuant to the Precinct Boundary Adjustment Act and revised and approved pursuant to that act by the secretary of state as of November 30, 2021.

B. A board of county commissioners shall not create any precinct, combine precincts or adjust the boundaries of any precinct in such manner that a precinct lies in more than one congressional district. A county precinct map determined not to be in compliance with this subsection shall be rejected by the secretary of state and returned to the appropriate county clerk with a written statement setting forth those instances in which the county precinct boundaries do not comply.
N.M. Stat. § 38-9-3 — NM Code / Chapter 38 / Article 9 / Section 38-9-3
§ 38-9-3. Interpreter required
Status: in_force

If a deaf person who is a principal party in interest has provided notice and proof of disability, if required, pursuant to Section 38-9-6 NMSA 1978 , the appointing authority shall appoint an interpreter, after consultation with the deaf person, to interpret or to translate the proceedings to the person and to interpret or translate the person's testimony. Interpreters may be selected from current lists of interpreters provided by the commission for deaf and hard-of-hearing persons for:

A. interpreters certified by the national registry of interpreters for the deaf; or

B. other interpreters qualified through action of the commission for deaf and hard-of-hearing persons.
N.M. Stat. § 9-11-10 — NM_STATUTES Code / Chapter 9 / Article 11 / Section 9-11-10
§ 9-11-10. Personnel Act coverage
Status: in_force

All employment positions in the department, except for the positions of secretary and division director, are covered by and subject to the provisions of the Personnel Act. 1 The secretary is the appointing authority.
N.M. Stat. § 52-3-52 — NM Code / Chapter 52 / Article 3 / Section 52-3-52
§ 52-3-52. Notice to director
Status: in_force

A. Every employer of labor within this state subject to the provisions of the New Mexico Occupational Disease Disablement Law or his insurer shall notify the director of the date on which the initial payment of any claim for benefits under the New Mexico Occupational Disease Disablement Law has been made, within ten days after such payment.

B. The director shall provide on a quarterly basis to the child support enforcement bureau of the human services department [health care authority department] the name, social security number, home address and employer of all disabled workers reported.
N.M. Stat. § 7-2F-10 — NM Code / Chapter 7 / Article 2F / Section 7-2F-10
§ 7-2F-10. Payments for performing artists; credit limitation
Status: in_force

That amount of a film and television tax credit for the total payments of direct production expenditures for the services of performing artists shall not exceed five million dollars ($5,000,000) for services rendered by nonresident performing artists and featured resident principal performing artists in a production. This limitation shall not apply to the services of background artists and resident performing artists who are not cast in industry standard featured principal performer roles.
N.M. Stat. § 57-10-11 — NM Code / Chapter 57 / Article 10 / Section 57-10-11
§ 57-10-11. Penalty
Status: in_force

Any person violating any provision of the Distress Sales Act shall upon conviction be punished by a fine not to exceed three hundred dollars ($300) or by imprisonment not to exceed ninety days or both.
N.M. Stat. § 44-6-11 — NM Code / Chapter 44 / Article 6 / Section 44-6-11
§ 44-6-11. Costs
Status: in_force

In any proceeding under the Declaratory Judgment Act, the court may make an award of costs as may seem equitable and just.