FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 13-7-40 — NM Code / Chapter 13 / Article 7 / Section 13-7-40
§ 13-7-40. Biomarker testing insurer coverage
Status: in_force

A. Group health coverage, including self-insurance, offered, issued, amended, delivered or renewed under the Health Care Purchasing Act shall provide coverage for insureds to receive biomarker testing.

B. Coverage provided pursuant to this section shall be for the purposes of diagnosis, treatment, appropriate management or ongoing monitoring of an insured's disease or condition when the test is supported by medical and scientific evidence, including:

(1) labeled indications for a United States food and drug administration-approved or -cleared test;

(2) indicated tests for a United States food and drug administration-approved drug;

(3) warnings and precautions on United States food and drug administration labels;

(4) federal centers for medicare and medicaid services national coverage determinations or medicare administrative contractor local coverage determinations; or

(5) nationally recognized clinical practice guidelines.

C. An insurer providing coverage for biomarker testing pursuant to this section shall ensure that:

(1) coverage is provided in a manner that limits disruptions in care, including coverage for multiple biopsies or biospecimen samples; and

(2) a patient and a practitioner who prescribes biomarker testing have clear, accessible and convenient processes to request an appeal of a benefit denial by the insurer and that those processes are accessible on the insurer's website.

D. Coverage for biomarker testing may be subject to deductibles and coinsurance consistent with those imposed on other benefits under the same group health care coverage, including any form of self-insurance.

E. The provisions of this section do not apply to accident-only or limited or specified disease policies, plans or certificates of health insurance.

F. As used in this section:

(1) “ biomarker ” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes or pharmacologic responses to a specific therapeutic intervention, including known gene-drug interactions for medications being considered for use or already being administered. “Biomarker” includes gene mutations, characteristics of genes or protein expression;

(2) “ biomarker testing ” means analysis of a patient's tissue, blood or other biospecimen for the presence of a biomarker and includes single-analyte tests, multi-plex panel tests, protein expression and whole exome, whole genome and whole transcriptome sequencing; and

(3) “ nationally recognized clinical practice guidelines ” means evidence-based clinical practice guidelines that are:

(a) developed by independent organizations or medical professional societies using a transparent methodology and reporting structure and with a conflict-of-interest policy; and

(b) used to establish standards of care informed by a systematic review of evidence and an assessment of the benefits and risks of alternative care options and include recommendations intended to optimize patient care.
N.M. Stat. § 77-1A-4 — NM Code / Chapter 77 / Article 1A / Section 77-1A-4
§ 77-1A-4. Seizure of dog; petition to court
Status: in_force

A. If an animal control authority has probable cause to believe that a dog is a dangerous dog and poses an imminent threat to public safety, the animal control authority may apply to a court of competent jurisdiction in the county where the animal is located for a warrant to seize the animal.

B. If an animal control authority has probable cause to believe that a dog is a potentially dangerous dog and poses a threat to public safety, the animal control authority may apply to a court of competent jurisdiction in the county where the animal is located for a warrant to seize the animal.

C. After seizure, the animal control authority shall impound the dog pending disposition of the case or until the owner has fulfilled the requirements for a certificate of registration pursuant to the provisions of Section 5 1 of the Dangerous Dog Act.

D. After seizure:

(1) the owner may admit that the dog is dangerous or potentially dangerous and comply with the requirements for a certificate of registration pursuant to Section 5 of the Dangerous Dog Act; or

(2) the animal control authority may, within fourteen days after seizure of the dog, bring a petition in court seeking a determination of whether the dog is dangerous or potentially dangerous. If the court finds, by clear and convincing evidence, that the dog is dangerous and poses an imminent threat to public safety or potentially dangerous and poses a threat to public safety, the court shall order the owner to comply with the registration and handling requirements for the dog and obtain a certificate of registration within thirty days or have the dog humanely destroyed. If the court does not make the required findings pursuant to this paragraph, the court shall immediately order the release of the dog to its owner.

E. If the owner does not admit that the dog is dangerous or potentially dangerous and the animal control authority does not bring a petition in court within fourteen days of seizure of the dog, the court shall immediately order the release of the dog to its owner.

F. If the owner admits that the dog is dangerous and transfers ownership of the dog to the animal control authority, the animal control authority may humanely destroy the dog.

G. A determination that a dog is not dangerous or potentially dangerous shall not prevent an animal control authority from making a subsequent application for seizure based on the dog's subsequent behavior.
N.M. Stat. § 77-8A-1 — NM Code / Chapter 77 / Article 8A / Section 77-8A-1
§ 77-8A-1. Short title
Status: in_force

This act may be cited as the “New Mexico Sheep and Goat Act”.
N.M. Stat. § 72-18-16 — NM Code / Chapter 72 / Article 18 / Section 72-18-16
§ 72-18-16. Meetings of board
Status: in_force

All meetings of the board shall be held within the district. No business of the board shall be transacted except at a regular or special meeting at which at least three directors are present. Any action of the board requires the affirmative vote of a majority of the directors present and voting.
N.M. Stat. § 61-12C-3 — NM Code / Chapter 61 / Article 12C / Section 61-12C-3
§ 61-12C-3. Definitions
Status: in_force

As used in the Massage Therapy Practice Act:

A. “ board ” means the massage therapy board;

B. “ continuing education ” means courses, seminars, workshops and classes in areas related to the practice of massage therapy, such as:

(1) massage;

(2) bodywork;

(3) health care;

(4) psychology;

(5) anatomy and physiology;

(6) business;

(7) insurance;

(8) ethics;

(9) professional development;

(10) movement therapy;

(11) stress management;

(12) exempt modalities listed in Subsection C of Section 61-12C-5.1 NMSA 1978;

(13) cardiopulmonary resuscitation or first aid; and

(14) complementary alternative medicine modalities determined by the board to be related to the practice of massage therapy;

C. “ continuing education provider ” means:

(1) an individual who was an active New Mexico registered independent massage therapy instructor on the effective date of this 2019 act;

(2) a massage therapy school regulated by the requisite regulatory agency where the massage therapy school is located;

(3) a national or international professional association for massage therapists;

(4) an individual or an organization approved by a national or international massage therapy continuing education approval agency;

(5) a health care professional organization; or

(6) accredited post-secondary educational institutions;

D. “ department ” means the regulation and licensing department;

E. “ jurisprudence ” means the statutes and rules of the state pertaining to the practice of massage therapy;

F. “ massage therapist ” means an individual licensed to practice massage therapy pursuant to the Massage Therapy Practice Act;

G. “ massage therapy ” means the treatment of soft tissues for therapeutic purposes, primarily comfort and relief of pain; it is a health care service that includes gliding, kneading, percussion, compression, vibration, friction, nerve strokes, stretching the tissue and exercising the range of motion and may include the use of oils, salt glows, hot or cold packs or hydrotherapy. Synonymous terms for massage therapy include massage, therapeutic massage, body massage, myomassage, bodywork, body rub or any derivation of those terms. “Massage therapy” does not include the diagnosis or treatment of illness or disease or any service or procedure for which a license to practice medicine, nursing, chiropractic, physical therapy, occupational therapy, acupuncture or podiatry is required by law; and

H. “ massage therapy school ” means a facility providing an educational program in massage therapy that is registered with the board.
N.M. Stat. § 31-16-9 — NM Code / Chapter 31 / Article 16 / Section 31-16-9
§ 31-16-9. Contractual services of counsel
Status: in_force

In order to facilitate representation in matters arising before appearance in any court in matters covered by the Indigent Defense Act, the director of the administrative office of the courts may, upon direction of the supreme court with respect to habeas corpus proceedings initiated in the supreme court, or upon request of a district court, enter into contracts with attorneys designated by these courts whereby the attorney shall undertake to perform the services of assigned counsel in all or any specified portion of the cases originating within the judicial district. All contracts shall be approved by the chief justice of the supreme court and all payments provided therein shall be made by the supreme court or in the appropriate district court requesting the contract, but in no instance shall contract payments exceed the maximums set out in Section 65 of the Indigent Defense Act.
N.M. Stat. § 1-5-4 — NM Code / Chapter 1 / Article 5 / Section 1-5-4
§ 1-5-4. County register; establishment
Status: in_force

The board of county commissioners shall direct the county clerk to establish a county register. The county register shall be filed in fire-resistant containers in the county courthouse. The files containing the county register shall be arranged to provide ready and convenient access and shall be kept locked except when being used by authorized persons in accordance with the Election Code.
N.M. Stat. § 72-14-34 — NM Code / Chapter 72 / Article 14 / Section 72-14-34
§ 72-14-34. Budgets required
Status: in_force

The interstate stream commission shall annually prepare and submit a budget in accordance with the provisions of Sections 6-3-1 through 6-3-22 NMSA 1978 covering all funds created or held under the provisions of Sections 72-14-9 through 72-14-33 NMSA 1978 .
N.M. Stat. § 22-32-8 — NM Code / Chapter 22 / Article 32 / Section 22-32-8
§ 22-32-8. Community schools fund; created; accountability
Status: in_force

A. The “community schools fund” is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The department shall administer the fund, and money in the fund is appropriated to the department to distribute grant awards to support the development and implementation of community schools initiatives.

B. The department shall ensure that the money expended from the community schools fund is used for the purposes stated in the Community Schools Act and shall not be used to correct for previous reductions in program services.
N.M. Stat. § 10-12C-7 — NM Code / Chapter 10 / Article 12C / Section 10-12C-7
§ 10-12C-7. Funds not subject to legal process; division of funds as community property; legal process to satisfy child support obligations
Status: in_force

A. Except as provided in Subsections B and C of this section, none of the money, pensions or other benefits provided pursuant to the provisions of the Magistrate Retirement Act shall be assignable either in law or in equity or be subject to execution, levy, attachment, garnishment or other legal process.

B. A court of competent jurisdiction, solely for the purposes of effecting a division of community property in a divorce or legal separation proceeding, may provide by appropriate order for a determination and division of a community interest in the pensions or other benefits provided for in the Magistrate Retirement Act. The court shall fix the manner in which warrants are issued, may order direct payments to a person with a community interest in the pensions or other benefits, may require the election of a specific form of payment and designation of a specific survivor beneficiary or refund beneficiary and may restrain the refund of accumulated member contributions. Payments made pursuant to such orders shall only be made when member contributions are refunded or a pension is payable in accordance with the provisions of the Magistrate Retirement Act. The court shall not alter the manner in which the amount of pensions or other benefits is calculated by the association or cause any increase in the actuarial present value of the pensions or other benefits to be paid by the association.

C. A court of competent jurisdiction, solely for the purposes of enforcing current or delinquent child-support obligations, may provide by appropriate order for withholding amounts due in satisfaction of current or delinquent child-support obligations from the pensions or other benefits provided for in the Magistrate Retirement Act and for payment of such amounts to third parties. The court shall not alter the manner in which the amount of pensions or other benefits is calculated by the association. The court shall not cause any increase in the actuarial present value of the pensions or other benefits to be paid from the fund. Payments made pursuant to such orders shall only be made when member contributions are refunded or when a pension is payable in accordance with the provisions of the Magistrate Retirement Act. In no case shall more money be paid out, either in a lump sum or in monthly pension payments, of the fund in enforcement of current or delinquent child-support obligations than would otherwise be payable at that time.
N.M. Stat. § 70-5-20 — NM Code / Chapter 70 / Article 5 / Section 70-5-20
§ 70-5-20. Enforcement
Status: in_force

The bureau may enforce the laws relating to LP gases and CNG and any rules, regulations or orders adopted by it or the commission pursuant to those laws by injunction in the district courts, which remedy shall be in addition to the civil and criminal penalties provided in the LPG and CNG Act [this article]. The chief and the inspectors of the bureau may issue citations for violation of the LPG and CNG Act.
N.M. Stat. § 59A-52-9 — NM Code / Chapter 59A / Article 52 / Section 59A-52-9
§ 59A-52-9. May enter upon premises
Status: in_force

The state fire marshal or the marshal's deputy, authorized officer or designated agent shall have authority at all normal hours of operation to enter in and upon all buildings and premises subject to Chapter 59A, Article 52 NMSA 1978 for the purpose of examination and inspection.
N.M. Stat. § 5-4-7 — NM_STATUTES Code / Chapter 5 / Article 4 / Section 5-4-7
§ 5-4-7. Disposition of funds received by gift or bequest
Status: in_force

Money received for such purpose, unless otherwise provided by the terms of the gift or bequest shall be deposited with the treasurer of such municipality or county, to the account of the playground and recreation board or commission or other body having charge of such work, and the same may be withdrawn and paid out by such body in the same manner as other money appropriated for recreation purposes.
N.M. Stat. § 5-5-23 — NM Code / Chapter 5 / Article 5 / Section 5-5-23
§ 5-5-23. Revenue bond charges
Status: in_force

Whenever revenue bonds are issued hereunder, it shall be the duty of the governing body to impose, in connection with the revenues and proceeds pledged for their payment, tolls, rates, charges, fees, license taxes, other excise taxes or quasi-excise taxes fully sufficient to pay the principal of and interest on the bonds, and to carry out all commitments made in the proceedings authorizing their issuance.
N.M. Stat. § 22-10B-2 — NM_STATUTES Code / Chapter 22 / Article 10B / Section 22-10B-2
§ 22-10B-2. Definitions
Status: in_force

As used in the Teacher Residency Act:

A. “ department-approved teacher preparation program ” means a department-approved teacher preparation program at a public post-secondary educational institution or tribal college;

B. “ program ” means a teacher residency program created pursuant to the Teacher Residency Act that is designed to result in teacher licensure; and

C. “ teaching resident ” means a participant in a department-approved teacher residency program.
N.M. Stat. § 22-11-54 — NM_STATUTES Code / Chapter 22 / Article 11 / Section 22-11-54
§ 22-11-54. Disclosure of third-party marketers; penalty
Status: in_force

A. The board shall not make any investment, other than investments in publicly traded equities or publicly traded fixed-income securities, unless the recipient of the investment discloses the identity of any third-party marketer who rendered services on behalf of the recipient in obtaining the investment and also discloses the amount of any fee, commission or retainer paid to the third-party marketer for the services rendered.

B. Information disclosed pursuant to Subsection A of this section shall be included in the quarterly performance reports of the board.

C. Any person who knowingly withholds information required by Subsection A of this section is guilty of a fourth degree felony and shall be punished by a fine of not more than twenty thousand dollars ($20,000) or by imprisonment for a definite term not to exceed eighteen months or both.

D. As used in this section, “ third-party marketer ” means a person who, on behalf of an investment fund manager or other person seeking an investment from the fund and under a written or implied agreement, receives a fee, commission or retainer for such services from the person seeking an investment from the fund.
N.M. Stat. § 27-6A-1 — NM_STATUTES Code / Chapter 27 / Article 6A / Section 27-6A-1
§ 27-6A-1. Short title
Status: in_force

This act may be cited as the “Low Income Water, Sewer and Solid Waste Service Assistance Act”.
N.M. Stat. § 7-13-17 — NM Code / Chapter 7 / Article 13 / Section 7-13-17
§ 7-13-17. Permit to purchase undyed gasoline for certain off-road use and to claim refund of tax
Status: in_force

A. Any person using gasoline in the operation of a clothes cleaning establishment, in stoves or other appliances burning gasoline, or operators of aircraft using aviation gasoline exclusively in the operation of aircraft, upon proper showing of the permit provided for in this section, may purchase gasoline to which dye has not been added and may claim a refund thereon under the provisions of this section.

B. Upon submission of proof satisfactory to the department that the requirements of this subsection have been met, the department shall allow a claim for refund of gasoline tax paid on gasoline purchased and used in the manner described in Subsection A of this section by holders of permits issued under this section. The individual purchases of gasoline, other than that used for aviation fuel, must have been made in quantities of fifty gallons or more. Purchasers of aviation fuel may accumulate invoices to reach the fifty gallon minimum. No claim for refund may be presented or allowed on less than one hundred gallons so purchased. The secretary may prescribe by regulation or instruction the documents necessary to support a claim for refund made pursuant to the provisions of this subsection.

C. The department shall create permits, in form and content as the secretary may prescribe, that will allow persons to purchase gasoline to which dye has not been added for the uses specified in Subsection A of this section. The secretary shall prescribe the method by which a person may apply for a permit.

D. The secretary, upon notice and after hearing, may suspend for a period of up to one year or revoke the gasoline tax refund permit of any person who makes any false statement on an application for a permit or on a claim for refund made pursuant to the provisions of this section, who uses the gasoline in a motor boat or in a vehicle registered to operate on the highways of this state or who violates any other provision of the Gasoline Tax Act.
N.M. Stat. § 66-8-10 — NM Code / Chapter 66 / Article 8 / Section 66-8-10
§ 66-8-10. Duplicate or replacement registration plate; citation; failure to comply
Status: in_force

Any motor vehicle owner who has been issued a citation for an illegible registration plate and who fails to comply with the terms of the citation requiring the acquisition of a duplicate or replacement plate within thirty days of the date of the citation is guilty of a misdemeanor.
N.M. Stat. § 10-11-23 — NM Code / Chapter 10 / Article 11 / Section 10-11-23
§ 10-11-23. State general member coverage plan 2; amount of pension; form of payment A
Status: in_force

Under state general member coverage plan 2, the amount of pension under form of payment A is equal to two and one-half percent of final average salary multiplied by credited service. The amount shall not exceed seventy-five percent of the final average salary.
N.M. Stat. § 56-9-22 — NM Code / Chapter 56 / Article 9 / Section 56-9-22
§ 56-9-22. Failure to give additional bond; revocation of authority
Status: in_force

If the bond be rejected the district court or judge thereof shall order the assignee to give another bond, with sufficient security to be approved by the court, and if he fail to give such bond within such time as the court or judge thereof shall direct, not exceeding twenty days, his authority further to act as assignee shall be deemed revoked.
N.M. Stat. § 30-6A-2 — NM_STATUTES Code / Chapter 30 / Article 6A / Section 30-6A-2
§ 30-6A-2. Definitions
Status: in_force

As used in the Sexual Exploitation of Children Act:

A. “ prohibited sexual act ” means:

(1) sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex;

(2) bestiality;

(3) masturbation;

(4) sadomasochistic abuse for the purpose of sexual stimulation; or

(5) lewd and sexually explicit exhibition with a focus on the genitals or pubic area of any person for the purpose of sexual stimulation;

B. “ visual or print medium ” means:

(1) any film, photograph, negative, slide, computer diskette, videotape, videodisc or any computer or electronically generated imagery; or

(2) any book, magazine or other form of publication or photographic reproduction containing or incorporating any film, photograph, negative, slide, computer diskette, videotape, videodisc or any computer generated or electronically generated imagery;

C. “ performed publicly ” means performed in a place that is open to or used by the public;

D. “ manufacture ” means the production, processing, copying by any means, printing, packaging or repackaging of any visual or print medium depicting any prohibited sexual act or simulation of such an act if one or more of the participants in that act is a child under eighteen years of age; and

E. “ obscene ” means any material, when the content if taken as a whole:

(1) appeals to a prurient interest in sex, as determined by the average person applying contemporary community standards;

(2) portrays a prohibited sexual act in a patently offensive way; and

(3) lacks serious literary, artistic, political or scientific value.