The boards of each of said institutions shall have power, and it shall be their duty, to pass and enforce bylaws, rules and regulations for the government of such institutions, for the proper carrying out of their several objects, not in conflict with the laws of the state of New Mexico, or any act of congress, and to provide all proper and necessary books, apparatus, instruments, medicines, clothing, food and supplies, and other materials or things necessary for the proper conduct of the several institutions hereinbefore named and the care, support and protection of the inmates thereof when necessary; also to employ all teachers, physicians, wardens or superintendents and employes [employees], and to prescribe the duties and compensation of each, and they shall have full power to remove or discharge any officer or employe [employee] appointed or selected by them in any of such institutions, when in their judgment the interest of such institution shall require. History: Laws 1903, ch. 2,  7; Code 1915,  5110; C.S. 1929,  130-607; 1941 Comp.,  5-102; 1953 Comp.,  13-3-2. ANNOTATIONSBracketed material.  The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes.  This section and 13-3-1, 1953 Comp., now compiled as 21-5-2 NMSA 1978, originally were enacted by Laws 1903, ch. 2, which created the New Mexico asylum for the deaf and dumb, the New Mexico reform school, the New Mexico institute for the blind and the miners' hospital of New Mexico. The government of such institutions is now controlled by the constitution of New Mexico and supplementary laws. This section may be superseded by 21-6-1 NMSA 1978, relating to powers and authority of the board of regents of the New Mexico school for the deaf, 21-5-2 NMSA 1978, relating to the management of the New Mexico school for the visually handicapped and by 23-3-2 to 23-3-4 NMSA 1978, relating to the board of trustees of the miners' hospital. Laws 1903, ch. 2,  1 to 4, refer to the New Mexico asylum for the deaf and dumb, the New Mexico reform school, the New Mexico institute for the blind and the miners' hospital of New Mexico. The first three of these institutions are now known as the New Mexico school for the deaf, at Sante Fe; the New Mexico boys' school, at Springer; and the New Mexico school for the visually handicapped, at Alamogordo. See N.M. Const., art. XII,  11 and art. XIV,  1. Cross references.  For exemptions from income tax, see 7-2-4 NMSA 1978. Employee must comply with internal grievance procedures.  An employee must substantially comply with mandatory internal grievance procedures contained in an employee manual or handbook before filing suit for breach of contract claims based on an alleged failure of an employer to follow its employment policies. Lucero v. Bd. of Regents of UNM, 2012-NMCA-055, 278 P.3d 1043, cert. denied, 2012-NMCERT-004. Where a university manager was terminated by the university; the manager did not follow the grievance process contained in the university's employee handbook by filing a grievance; the handbook governed the manager's employment with the university; and the manager filed an action in district court for breach of contract and wrongful termination alleging that the employee handbook created a contract and that the university breached the contract by failing to abide by the handbook's policies and procedures governing workplace performance, disciplinary action, a harassment-free workplace, employer-employee relations, progressive discipline and by disciplining the manager without just cause, the manager's claims were barred because the manager failed to exhaust the handbook's internal grievance procedures before filing the breach of contract action based on an alleged failure of the university to follow policies in the handbook. Lucero v. Bd. of Regents of UNM, 2012-NMCA-055, 278 P.3d 1043, cert. denied, 2012-NMCERT-004. Power to adopt rules and regulations.  By virtue of this section, the board of managers of the miners' hospital is empowered to adopt reasonable rules and regulations for the protection of the inmates, and to expel patients who refuse to comply with the regulations. 1917 Op. Att'y Gen. No. 17-1966. Liability of board for negligence.  While the members of the board of the New Mexico school for the deaf and the institution cannot be held liable for negligence in the promulgation of rules and regulations and ensuing misfortunes and accidents, if they make negligent or malicious determinations in individual cases and accidents result which are the sole, direct and proximate results of such determinations, it is possible that they may be held personally liable. The circumstances of each case will be the basis for ascertaining whether there has been negligence. 1960 Op. Att'y Gen. No. 60-221. Miners' hospital board has power to remove or discharge any employee, but it must exercise this power in accordance with the rules promulgated by the personnel board. 1964 Op. Att'y Gen. No. 64-130. Including physician.  The miners' hospital board may dismiss a physician in their employment for not abiding by the rules and regulations of the hospital board, but the physician has the right to appeal the dismissal to the personnel board. 1964 Op. Att'y Gen. No. 64-130. Am. Jur. 2d, A.L.R. and C.J.S. references.  Denial by hospital of staff privileges or referrals to physician or other health care practitioner as violation of Sherman Act (15 USCS  1 et seq.), 89 A.L.R. Fed. 419. 
History: 1941 Comp.,  5-114, enacted by Laws 1941, ch. 69,  2; 1953 Comp.,  13-3-14; repealed by Laws 2017, ch. 87,  31.ANNOTATIONSRepeals.  Laws 2017, ch. 87,  31 repealed 23-1-10 NMSA 1978, as enacted by Laws 1941, ch. 69,  2, relating to right to pension, maximum amount, inclusion in budget, effective June 16, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com. 
That all pensions provided by this act [23-1-11 NMSA 1978] shall be payable solely out of the income or current fund of the institution paying such pensions derived from the renting of lands of such institution donated by the United States of America, over and above such portion of such current income as may be necessary to service any bond issue of such institution heretofore lawfully issued, and no part of such pensions shall be paid out of the permanent fund of such institution, nor out of funds raised by general taxation. History: 1941 Comp.,  5-115, enacted by Laws 1941, ch. 69,  3; 1953 Comp.,  13-3-15. ANNOTATIONSBracketed material.  The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes.  "This act" referred to Laws 1941, ch. 69,  1, 2 and 3 (Sections 23-1-9, 23-1-10 and 23-1-11 NMSA 1978). Laws 2017, ch. 87,  31 repealed Sections 23-1-9 and 23-1-10 NMSA 1978, effective June 16, 2017. 
A. All property, appropriations and cash balances now held in the name of the following institutional facilities, or by any state agency for the indicated facilities, the use of which is not limited by the terms of any trust or constitutional provision, and staff employed by the following institutional facilities, are transferred to the department of health:(1) New Mexico behavioral health institute at Las Vegas;(2) Los Lunas medical center;(3) Fort Bayard medical center veterans' unit;(4) Villa Solano;(5) Fort Stanton hospital;(6) Turquoise lodge;(7) Pecos lodge; and(8) New Mexico state veterans' home.B. The secretary of health may delegate the authority for the supervision and operation of any of the institutional facilities transferred under Subsection A of this section to any of the organizational units within the department of health. History: 1953 Comp.,  13-12-1, enacted by Laws 1977, ch. 253,  42; 2005, ch. 313,  4; 2019, ch. 146,  2. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, transferred the New Mexico state veterans' home from the veterans' services department to the department of health; in Subsection A, in the introductory clause, after "constitutional provision", added "and staff employed by the following institutional facilities", and added Paragraph A(8). The 2005 amendment, effective June 17, 2005, changed the name of the Las Vegas medical center to the New Mexico behavioral institute at Las Vegas in Subsection A(1) and added "veterans' unit" in Subsection A(3). 
A. Henceforth, the New Mexico state hospital at Las Vegas and the meadows home for the aged will be known as the "New Mexico behavioral health institute at Las Vegas". This center may offer general hospital care, extended care, intermediate care, skilled nursing services and out-patient care, as well as services now required by statute. B. Henceforth, the Los Lunas hospital and training school at Los Lunas will be known as the "Los Lunas medical center". This center may offer general hospital care, extended care, skilled nursing services and out-patient care, as well as services now required by statute. C. Henceforth, the Fort Bayard hospital will be known as the "Fort Bayard medical center". This center may offer general hospital care, extended care, skilled nursing services and out-patient care, as well as services now required by statute. History: 1953 Comp.,  13-12-1.2, enacted by Laws 1970, ch. 45,  1; 2005, ch. 313,  5. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, changed the name of the Las Vegas medical center to the New Mexico behavioral institute at Las Vegas in Subsection A. 
The New Mexico college of agriculture and mechanic arts [New Mexico state university] and all other state, educational and charitable institutions, in New Mexico, are authorized to expend the funds derived from the sale and lease of their lands, or so much thereof as may be necessary which are placed to the credit of the respective institutions, for buildings, equipment and other permanent improvements. History: Laws 1905, ch. 72,  1; Code 1915,  5153; C.S. 1929,  130-1303; 1941 Comp.,  5-103; 1953 Comp.,  13-3-3. ANNOTATIONSBracketed material.  The bracketed material was inserted by the compiler and is not part of the law. The name of the New Mexico college of agriculture and mechanic arts was changed to New Mexico state university by N.M. Const., art. XII,  11, as repealed and reenacted on November 8, 1960. Cross references.  For Fort Bayard medical center, see 23-1-12 NMSA 1978. For management and purposes of normal schools and their successors, see N.M. Const., art. XII,  13 and 21-3-4 NMSA 1978 et seq. For northern New Mexico state school, see N.M. Const., art. XII,  13 and 21-4-1 NMSA 1978. For New Mexico school for the visually handicapped, see N.M. Const., art. XII,  13 and 21-5-2 NMSA 1978. For New Mexico school for the deaf, see N.M. Const., art. XII,  13 and 21-6-1 NMSA 1978. For university of New Mexico, see N.M. Const., art. XII,  13 and 21-7-3 NMSA 1978 et seq. For New Mexico state university, see N.M. Const., art. XII,  13, 21-8-4, 21-8-5 and 21-8-8 NMSA 1978. For New Mexico institute of mining and technology, see N.M. Const., art. XII,  13 and 21-11-4 NMSA 1978 et seq. For New Mexico military institute, see N.M. Const., art. XII,  13 and 21-12-1 NMSA 1978 et seq. For New Mexico boys' school at Springer, see N.M. Const., art. XIV,  1, 3. For girls' welfare home, see N.M. Const., art. XIV,  1, 3. For penitentiary, see N.M. Const., art. XIV,  1 and 33-2-1 NMSA 1978 et seq. For miners' hospital, see N.M. Const., art. XIV,  1, 3 and 23-3-1 to 23-3-4 NMSA 1978. For Las Vegas medical center (formerly New Mexico state hospital and meadows home for the aged), see N.M. Const., art. XIV,  1, 3, and 23-1-12 NMSA 1978 et seq. and 23-5-1 NMSA 1978. For Los Lunas medical center, see N.M. Const., art. XIV,  1, 3 and 23-1-12 NMSA 1978 et seq. For Carrie Tingley crippled children's hospital, see N.M. Const., art. XIV,  1, 3 and 23-2-2 NMSA 1978 et seq. Girls' welfare home is state institution. 1960 Op. Att'y Gen. No. 60-187. Girls' welfare home may expend proceeds of sale of property to acquire a new dormitory. This may be done by paying cash to the contractor, or by assigning the payments due under a conditional sales contract or mortgage. Furthermore, the girls' welfare home may convey the property of the home to a contractor, in return for which the contractor will build the home a new dormitory. 1960 Op. Att'y Gen. No. 60-187. Girls' welfare home may sell property.  A sale of property by the girls' welfare home falls squarely within the provisions of this section. 1960 Op. Att'y Gen. No. 60-187. Proceeds are placed in credit.  Proceeds of the sale of lands by a state institution are placed to the credit of the selling institution. 1960 Op. Att'y Gen. No. 60-187. Drawing from permanent fund authorized.  Regents of the university of New Mexico are authorized to draw upon any money in the permanent fund to pay for land and improvements. 1913 Op. Att'y Gen. No. 13-1119. Drawing from income fund.  The capitol custodian committee is authorized to draw money from the income fund from lands donated for public buildings. 1913 Op. Att'y Gen. No. 13-1139. Restrictions on the appropriation of the miners' hospital trust fund revenues contained in the 1988 appropriations bill were consistent with the rule that legislative conditions on appropriations be limited to the fiscal period covered by the bill and did not conflict with this section. 1989 Op. Att'y Gen. No. 89-30. Am. Jur. 2d, A.L.R. and C.J.S. references.  14 C.J.S. Charities  34; 14A C.J.S. Colleges and Universities  11. 
The board of regents or other boards of control of said institutions are hereby authorized to expend said moneys as herein provided for said purposes and said boards shall make a full and complete report of the expenditures which they may make under the provisions of this act [23-1-2, 23-1-3 NMSA 1978], giving amount and purpose for which expended, to the governor of the state of New Mexico. History: Laws 1905, ch. 72,  2; Code 1915,  5154; C.S. 1929,  130-1304; 1941 Comp.,  5-104; 1953 Comp.,  13-3-4. ANNOTATIONSBracketed material.  The bracketed material was inserted by the compiler and is not part of the law. Cross references.  For public finances generally, see Chapter 6 NMSA 1978. For finances of state educational institutions, see 6-17-1 NMSA 1978 et seq. 
It is hereby made the duty of the several boards of managers of state charitable or other institutions which receive any money from the state treasury, at the end of each fiscal year to make out an itemized and detailed statement of all receipts and disbursements of such institution up to and including the last day of said fiscal year, which shall be sworn to as correct by the secretary, treasurer or other accounting officer of such institution who draws and receives the state funds and shall be transmitted to the governor of the state within the first thirty days of the new fiscal year; and any failure on the part of any person or officer to perform the duties herein specified shall subject such person to removal from his position and in case he is a bonded officer it shall be considered as a breach of his bond and be a misdemeanor in office, for which he may be fined in any sum not exceeding five hundred [dollars] [($500)] nor less than one hundred dollars [($100)], which shall be recovered from him and the sureties on his bond as a penalty. History: Laws 1901, ch. 98,  3; Code 1915,  5157; C.S. 1929,  130-1307; 1941 Comp.,  5-108; 1953 Comp.,  13-3-8. ANNOTATIONSBracketed material.  The bracketed material was inserted by the compiler and is not part of the law. 
Every officer, board, body or agency or any member thereof, empowered to expend any public money or to direct the expenditure thereof, or to contract indebtedness against or in view of specific appropriations, is hereby prohibted [prohibited] from making any contract, incurring any expense, or contracting any liability against this state, or any public fund thereof, which shall make, tend to make or contemplate any excess of expenditure beyond the terms of the laws authorizing expenditures by them, or either of them, or under their direction; and it shall be unlawful for any trustee, superintendent, warden or other officer of any of the educational, penal, charitable or other institutions of this state, who, under the laws, has authority or may be vested with authority to purchase supplies, employ servants or assistants, contract indebtedness, or to do any act contemplating the expenditure of public moneys, to contract any indebtedness in behalf of such institutions or ostensibly against the state on account of such institutions in excess of the appropriations made for the maintenance and support thereof; but in respect to the penitentiary, the asylum for the insane, the reform school, the institute for the blind, the miners' hospital and the deaf and dumb asylum, if the specific appropriations therefor shall have become exhausted, food and clothing for the inmates thereof may be purchased on the credit of the state. History: Laws 1912, ch. 69,  1; Code 1915,  5158; C.S. 1929,  130-1308; 1941 Comp.,  5-109; 1953 Comp.,  13-3-9. ANNOTATIONSBracketed material.  The bracketed material was inserted by the compiler and is not part of the law. Generally.  Officers of educational institutions may incur indebtedness if not in excess of the appropriations made. 1915 Op. Att'y Gen. No. 15-1441. State school may borrow money so long as it keeps its indebtedness within the appropriations. 1916 Op. Att'y Gen. No. 16-1811. Borrowing money to provide student quarters.  Regents of university of New Mexico may borrow money, within the limits of the appropriation, to provide quarters for additional students. 1913 Op. Att'y Gen. No. 13-1101. Reform school is not authorized to borrow money. 1913 Op. Att'y Gen. No. 13-974. Authority to lease and purchase property.  The board of regents of the normal university (New Mexico highlands university) has authority to lease and purchase property for school purposes, if kept within the appropriation provided by the legislature. 1919 Op. Att'y Gen. No. 19-2213. Authority choose personnel for more than year.  Board of regents of the school of mines may elect or appoint a president and instructors for longer terms than one year. 1916 Op. Att'y Gen. No. 16-1761. Miners' hospital trustees have no authority to spend in excess what appropriated.  Except to the extent indicated in this section, the miners' hospital board of trustees has no authority to spend amounts in excess of what is properly appropriated for the miners' hospital. Nothing in the statute, however, prevents the board from seeking deficit supplement legislation to cover shortfalls, nor is the board denied the recourse of resorting to private, nonstate funds. 1989 Op. Att'y Gen. No. 89-30. 
Before such food and clothing shall be purchased, in case of emergency, as provided in the preceding section [23-1-5 NMSA 1978], there shall be passed a resolution of the governing board of the institutions mentioned, respectively, setting forth the kind, quantity, quality and estimated cost of such supplies, food and clothing, and the necessity therefor, and showing the state of the funds appropriated to such institutions respectively; and a copy thereof certified by the president, chairman or other head of such board, and attested by its secretary or clerk, shall be transmitted to the governor, who, if he approve the same, shall return it to the board from which it came, with his approval thereon endorsed over his signature, and thereupon the purchases specified shall be authorized; but if he disapprove the resolution, he shall so notify the board aforesaid. History: Laws 1912, ch. 69,  2; Code 1915,  5159; C.S. 1929,  130-1309; 1941 Comp.,  5-110; 1953 Comp.,  13-3-10. ANNOTATIONSBracketed material.  The bracketed material was inserted by the compiler and is not part of the law. 
Any person violating any of the provisions of the two preceding sections [23-1-5, 23-1-6 NMSA 1978] shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by a fine not exceeding $500 nor less than $100, or by imprisonment in the penitentiary for not less than six months nor more than one year, or by both such fine and imprisonment in the discretion of the court trying such cause. History: Laws 1912, ch. 69,  3; Code 1915,  5160; C.S. 1929,  130-1310; 1941 Comp.,  5-111; 1953 Comp.,  13-3-11. ANNOTATIONSBracketed material.  The bracketed material was inserted by the compiler and is not part of the law. 
It is hereby made the duty of the several district judges to call to the attention of grand jurors the provisions of the three preceding sections [23-1-5 to 23-1-7 NMSA 1978]. History: Laws 1912, ch. 69,  4; Code 1915,  5161; C.S. 1929,  130-1311; 1941 Comp.,  5-112; 1953 Comp.,  13-3-12. ANNOTATIONSBracketed material.  The bracketed material was inserted by the compiler and is not part of the law. 
History: 1941 Comp.,  5-113, enacted by Laws 1941, ch. 69,  1; 1953 Comp.,  13-3-13; repealed by Laws 2017, ch. 87,  31.ANNOTATIONSRepeals.  Laws 2017, ch. 87,  31 repealed 23-1-9 NMSA 1978, as enacted by Laws 1941, ch. 69,  1, relating to retirement and pensions for employees, effective June 16, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com. 
The "New Mexico poison and drug information center" is created as part of the university of New Mexico health sciences center. History: Laws 2013, ch. 56,  1. ANNOTATIONSEffective dates.  Laws 2013, ch. 56 contained no effective date provision, but, pursuant to N.M. Const., art. IV,  23, was effective June 14, 2013, 90 days after the adjournment of the legislature. 
The New Mexico poison and drug information center shall maintain certification by the American association of poison control centers. History: Laws 2013, ch. 56,  2. ANNOTATIONSEffective dates.  Laws 2013, ch. 56 contained no effective date provision, but, pursuant to N.M. Const., art. IV,  23, was effective June 14, 2013, 90 days after the adjournment of the legislature. 
The New Mexico poison and drug information center shall: A. provide expert, twenty-four-hour, seven-day-a-week assistance to the residents of New Mexico during possible poisoning emergencies; B. provide expert, twenty-four-hour, seven-day-a-week emergency management and treatment referral of victims of poisoning to determine whether treatment can be accomplished at the scene of the incident or if transport to an emergency treatment or other facility is required; C. provide expert, twenty-four-hour, seven-day-a-week treatment recommendations for all types of poisonings, chemical exposures, drug overdoses and exposure to chemical weapons of mass destruction. This information shall be provided to medical and nonmedical providers; D. carry out follow-up for hospitalized and non-hospitalized poison patients to assess progress and recommend additional treatment as necessary; E. carry out follow-up to families and other individuals, where practicable, to ensure that adequate care is provided; F. work to improve the health of the residents of New Mexico by reducing illness and death associated with poisoning and by encouraging proper use of medications; G. identify and address problems associated with poisoning and medication-related illness through education and public service; H. work to reduce the costs associated with poisoning by treating people with less severe exposures at their homes with the center's guidance; I. train health care professionals in the field of clinical toxicology; J. expand knowledge in the field of clinical toxicology through an active research program; K. prevent poisonings through surveillance of toxic events, education, regulation and collaboration with local, state and federal agencies; L. offer drug information services that provide individualized, accurate, relevant and unbiased information to consumers and health care professionals regarding medication-related inquiries; M. help train pharmacists to become drug information providers; N. seek to effectively use the center's resources; and O. work to advance the center's institutional mission while supporting professional and personal growth. History: Laws 2013, ch. 56,  3. ANNOTATIONSEffective dates.  Laws 2013, ch. 56 contained no effective date provision, but, pursuant to N.M. Const., art. IV,  23, was effective June 14, 2013, 90 days after the adjournment of the legislature. 
In order to provide care and treatment for the crippled children of New Mexico in need of long-term inpatient or outpatient care, there is hereby created the Carrie Tingley crippled children's hospital program to be administered by the board of regents of the university of New Mexico. For the purposes of this section, "crippled children" means children whose primary diagnosis is a chronic impairment which may require long-term inpatient or outpatient medical or surgical care or treatment. History: Laws 1937, ch. 13,  1; 1941 Comp.,  5-301; 1953 Comp.,  13-5-1; Laws 1981, ch. 275,  1; 1989, ch. 247,  1. ANNOTATIONSCross references.  For hospital as state institution, see N.M. Const., art. XIV,  1. For licensure of health facilities under Public Health Act, see 24-1-5 NMSA 1978. For Medical Malpractice Act, see Chapter 41, Article 5 NMSA 1978. Legislative intent.  In enacting this section, the legislature plainly intended that Carrie Tingley crippled children's hospital be located in the buildings erected at Truth or Consequences. The location of Carrie Tingley cannot be changed without a change in this section. 1980 Op. Att'y Gen. No. 80-16 (rendered prior to 1981 amendment). Am. Jur. 2d, A.L.R. and C.J.S. references.  40A Am. Jur. 2d Hospitals and Asylums  1 to 26. 41 C.J.S. Hospitals  6. 
The board of regents of the university of New Mexico shall appoint and consult with an advisory group consisting of at least three parents of children with a chronic impairment and two health professionals. History: Laws 1937, ch. 13,  2; 1941 Comp.,  5-302; Laws 1951, ch. 127,  1; 1953 Comp.,  13-5-2; Laws 1955, ch. 126,  1; 1987, ch. 199,  1; 1989, ch. 247,  2. ANNOTATIONSSalary not authorized.  Public officers are not entitled to a salary unless it is authorized by statute, and there is no such authorization for the directors of Carrie Tingley crippled children's hospital in Laws 1937, ch. 13. 1938 Op. Att'y Gen. No. 38-2036 (rendered prior to law). 
The board of regents of the university of New Mexico shall manage, control and govern the Carrie Tingley crippled children's hospital program under rules, regulations or other directives and policies as the board of regents may from time to time prescribe. The board of regents of the university of New Mexico has the full power to enter into contracts or other agreements as it deems necessary or desirable for the operation and management of the Carrie Tingley crippled children's hospital program. History: 1978 Comp.,  23-2-3, enacted by Laws 1989, ch. 247,  3. ANNOTATIONSRepeals and reenactments.  Laws 1989, ch. 247,  3 repealed 23-2-3 NMSA 1978, as enacted by Laws 1937, ch. 13,  3, relating to powers and duties, and enacted a new section, effective June 16, 1989. 
ANNOTATIONSRepeals.  Laws 1989, ch. 247,  8 repealed 23-2-4 to 23-2-6 NMSA 1978, as enacted by Laws 1937, ch. 13,  4 to 6, relating to medical superintendent and other agents and employees, departments and services, and admittance to hospital, effective June 16, 1989. 
There is created the "Carrie Tingley crippled children's hospital program fund". All money now held by the Carrie Tingley crippled children's hospital fund or payable to that fund in the future for the purpose of operating and managing the Carrie Tingley crippled children's hospital program shall be paid over to the board of regents of the university of New Mexico to be used for the purpose of operating the Carrie Tingley crippled children's hospital program. All money from patient care and treatment rendered by the Carrie Tingley crippled children's hospital program, now held or received in the future, shall be paid over to the board of regents of the university of New Mexico to be used for the purpose of operating the Carrie Tingley crippled children's hospital program. History: Laws 1937, ch. 13,  7; 1941 Comp.,  5-307; 1953 Comp.,  13-5-7; Laws 1989, ch. 247,  4. ANNOTATIONSLottery for benefit of hospital illegal.  Lottery to be conducted as part of a fair to be held in state for benefit of crippled children's hospital is illegal. Harriman Inst. of Soc. Research, Inc. v. Carrie Tingley Crippled Children's Hosp., 1938-NMSC-062, 43 N.M. 1, 84 P.2d 1088. 
ANNOTATIONSRepeals.  Laws 1989, ch. 247,  8 repealed 23-2-8 NMSA 1978, as enacted by Laws 1941, ch. 27,  1, relating to an appropriation for the hospital maintenance fund, effective June 16, 1989. 
The commissioner of public lands and the state treasurer are authorized to transfer to the board of regents of the university of New Mexico for the credit of the Carrie Tingley crippled children's hospital program all receipts now held or which may hereafter be received from any lands acquired by the state by purchase and placed under the state land office where no beneficiary is specified, including Conchas dam lands. History: 1941 Comp.,  8-115a; Laws 1953, ch. 33,  1; 1953 Comp.,  13-5-9; Laws 1989, ch. 247,  5. 
The miners' hospital of New Mexico is intended and meant to be for the free treatment and care of resident miners of the state of New Mexico, who may become sick or injured in the line of their occupation; and all lodging and medical care shall be free of charge, as shall all other expenses incurred by the patient, except in cases where such patient is possessed of property and means sufficient to enable him to pay the actual costs and charges incurred by his attendance at such hospital, in which case the governing authority may make provision for his being charged and paying such expenses incurred. Provided, however, the governing authority may take in other patients for treatment and care, upon the payment of all expenses therefor by the patients, when they may be received and treated without excluding any miners from the hospital. History: Laws 1903, ch. 2,  9; 1907, ch. 48,  1; Code 1915,  5106; C.S. 1929,  130-501; 1941 Comp.,  5-401; 1953 Comp.,  13-6-1; Laws 1968, ch. 17,  9. ANNOTATIONSCompiler's notes.  Laws 1903, ch. 2,  4, as amended by Laws 1986, ch. 12,  1, provided for an institution to be called the miners' hospital of New Mexico, which institution is located at the city of Raton in Colfax County, New Mexico. Laws 2009, ch. 125,  44, effective June 19, 2009, appropriated $1,000,000 from the miners' trust fund to the miners' hospital for expenditure in fiscal years 2009 through 2013 to purchase and install an automated pharmaceutical dispensing system at the miners' hospital in Raton in Colfax county. Cross references.  For confirmation as to state institution, see N.M. Const., art. XIV,  1. For control and management as provided by law, see N.M. Const., art. XIV,  3. For Medical Malpractice Act, see Chapter 41, Article 5 NMSA 1978. Ownership of facility and equipment by state.  Any facility and/or equipment provided for in the establishment of the miners' hospital is an integral part of that state institution and is fully owned by the State of New Mexico. 1957 Op. Att'y Gen. No. 57-209. Right of miner to be admitted.  If a person is a miner at the time he seeks admission to the hospital, he meets the requirement of this section. 1960 Op. Att'y Gen. No. 60-127. Miner who has discontinued his occupation as miner and who becomes sick or infirm, but not in line of his occupation, is not entitled to admission to miners' hospital free of charge. 1915 Op. Att'y Gen. No. 15-1448. Treatment as outpatient.  Resident miners who meet other statutory requirements may be medically treated as outpatients free of charge. 1962 Op. Att'y Gen. No. 62-119. Nonminers treated at the miners' hospital must pay all expenses for treatment and care in accordance with the applicable laws including fixed costs. 1988 Op. Att'y Gen. No. 88-21. When condition temporary.  Resident miners who meet other statutory requirements may be admitted, treated and cared for free of charge when their condition is temporary rather than permanent or chronic. 1962 Op. Att'y Gen. No. 62-119. Miners' hospital may not sell or dispense medicine and drugs while operating as a public institution which is not licensed as required under the provision of 61-11-1 NMSA 1978 et seq. 1957 Op. Att'y Gen. No. 57-254. No sales at doctors' request.  The miners' hospital may not sell drugs or medical supplies to people who are not admitted to the hospital as inpatients or outpatients when doctors ask that such be sold to them. 1957 Op. Att'y Gen. No. 57-254. Am. Jur. 2d, A.L.R. and C.J.S. references.  40A Am. Jur. 2d Hospitals and Asylums  1 to 26. 41 C.J.S. Hospitals  6. 
A. There is created the "board of trustees of the miners' hospital of New Mexico". The board shall consist of five members appointed by the governor with the advice and consent of the senate. One member of the board shall be a licensed physician, two members shall be miners or their representatives and two members shall be representatives of the general public. Members of the board shall be appointed for staggered terms of five years each, except that the initial board shall be composed of one member appointed for a term of one year, one member appointed for a term of two years, one member appointed for a term of three years, one member appointed for a term of four years and one member appointed for a term of five years. B. A majority of the board shall constitute a quorum for doing business. C. Members of the board shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. History: 1953 Comp.,  13-6-2, enacted by Laws 1975, ch. 19,  1. ANNOTATIONSMembers of legislature may not serve.  Members of the legislature may not serve on the following boards and commissions: (1) livestock board; (2) state police board; (3) capitol buildings improvement commission (now department of finance and administration); (4) board of regents - El Rito normal; (5) state fair commission; (6) miners' hospital of New Mexico. 1959 Op. Att'y Gen. No. 59-140. 
The board is a body corporate under the name of the board of trustees of the miners' hospital of New Mexico and has the power to sue and be sued, contract, acquire land by purchase or donation and to do all other things necessary to carry out its duties. The board shall supervise and control all functions of the operation and management of the miners' hospital of New Mexico. History: 1953 Comp.,  13-6-3, enacted by Laws 1975, ch. 19,  2. ANNOTATIONSRestrictions on the appropriation of the miner's hospital trust fund revenues contained in the 1988 appropriations bill were consistent with the rule that legislative conditions on appropriations be limited to the fiscal period covered by the bill and did not conflict with this section. 1989 Op. Att'y Gen. No. 89-30. Miners' hospital board has power to remove or discharge any employee, but it must exercise this power in accordance with the rules promulgated by the personnel board. 1964 Op. Att'y Gen. No. 64-130. Removal of physician.  The miners' hospital board may dismiss a physician in its employment for not abiding by the rules and regulations of the hospital board, but the physician has the right to appeal the dismissal to the personnel board. 1964 Op. Att'y Gen. No. 64-130. Authority to rent, lease or sell facilities and equipment.  The renting or leasing of facilities and equipment would not be outside the authority granted. And further, a sale of laboratory and X-ray equipment owned by the state may be made by the chairman of the board in accordance with the provisions of 13-6-2 NMSA 1978. 1957 Op. Att'y Gen. No. 57-209. Expansion of facilities.  The board of trustees for miners' hospital can commit the miners' trust and the state of New Mexico to acquire northern Colfax county hospital and agree to operate a general hospital to provide at least the health care services of the scope and quality appropriate to the needs of the population of Colfax county. The board does not violate the terms of the trust by placing $1 million in escrow for 75 years for the purchase of the facility that, under one method of valuation, had no significant value at the date of acquisition. 1988 Op. Att'y Gen. No. 88-21. 
All property, real, personal and mixed, including appropriations and cash balances now held by the hospitals and institutions department for the purpose of operating and managing the miners' hospital of New Mexico is transferred to the board of trustees of the miners' hospital of New Mexico. History: 1953 Comp.,  13-6-4, enacted by Laws 1975, ch. 19,  3. 
A. The "New Mexico state veterans' home" located near Truth or Consequences, New Mexico, is declared to be a state home for veterans of service in the armed forces of the United States and their qualifying spouses, surviving spouses and gold star parents.B. The "Fort Bayard medical center veterans' unit", a separate and distinct unit of the Fort Bayard medical center, located near Silver City, New Mexico, is declared to be a state home for veterans of service in the armed forces of the United States.C. There is created the "New Mexico veterans' home advisory board". The advisory board shall consist of nine members as follows:(1) the secretary of health or the secretary's designee; (2) the secretary of veterans' services or the secretary's designee;(3) the secretary of aging and long-term services or the secretary's designee;(4) the administrator of a private nursing home;(5) a registered health care professional who is employed by a public or private nursing home;(6) the state commander of the department of New Mexico veterans of foreign wars or the department commander's designee;(7) the department commander of the American legion or the department commander's designee;(8) the state commander of disabled American veterans or the state commander's designee; and(9) a member of any other congressionally recognized veteran service organization.D. The governor shall appoint the members designated in Paragraphs (4), (5) and (9) of Subsection C of this section, and their terms shall be for three years each. E. The New Mexico state veterans' home shall be under the control and oversight of the department of health.F. The New Mexico veterans' home advisory board shall provide advice to the secretaries of veterans' services and health and the administrators of the New Mexico state veterans' home and the Fort Bayard medical center regarding veterans' services.History: 1953 Comp.,  74-7-1, enacted by Laws 1974 (S.S.), ch. 2,  1; 1983, ch. 329,  1; 1986, ch. 103,  1; 1987, ch. 133,  1; 1991, ch. 24,  1; 1993, ch. 7,  1; 2001, ch. 40,  1; 2004, ch. 19,  25; 2017, ch. 84,  8; 2019, ch. 146,  3. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, added the secretary of veterans' services or the secretary's designee to the New Mexico veterans' home advisory board", and provided that the New Mexico state veterans' home shall be under the control and oversight of the department of health; in Subsection C, deleted former Paragraph C(2) and added a new Paragraph C(2); and in Subsection E, after "under the control", added "and oversight", after "of the", deleted "veterans' services", and after "department", added "of health".The 2017 amendment, effective July 1, 2017, provided that the New Mexico state veterans' home is for qualifying spouses, surviving spouses and gold star parents of veterans of service in the armed forces of the United States, and made changes to the composition of the New Mexico home advisory board; in Subsection A, after "United States", added "and their qualifying spouses, surviving spouses and gold star parents"; in Subsection C, in the introductory language, after "veterans'", added "home", in Paragraph C(1), after "secretary of", deleted "veterans' services" and added "health", and after "or", deleted "his" and added "the secretary's", in Paragraph C(2), after "director of the", deleted "state benefits" and added "health care coordination", in Paragraph C(3), deleted "a veteran of World War II" and added the remainder of the paragraph, in Paragraph C(5), after "registered", deleted "nurse" and added "health care professional", in Paragraph C(6), deleted "a veteran of the Korean conflict" and added the remainder of the paragraph, in Paragraph C(7), after the paragraph designation, deleted "a veteran of the Vietnam conflict" and added the remainder of the paragraph, in Paragraph C(8), deleted "a veteran of the Gulf War" and added the remainder of the paragraph, and in Paragraph C(9), deleted "veteran of the Iraqi Freedom conflict" and added the remainder of the paragraph; in Subsection D, after "Paragraphs", deleted "(3) through" and added "(4), (5) and"; in Subsection E, after "control of the", added "veterans' services", and after "department", deleted "of health"; and in Subsection F, after the first occurrence of "veterans'", added "home", and after "advice to the", deleted "secretary of" and added "secretaries of veterans' services". The 2004 amendment, effective May 19, 2004, in Subsection C, changed "chairman of the New Mexico veterans' service commission" to "secretary of veterans' services" and added new Paragraphs (8) and (9); and in Subsection D, provided for the appointment of the two new members of the New Mexico veterans' advisory board. The 2001 amendment, effective June 15, 2001, substituted "Veterans' home" for "Veterans' center" in the section heading; substituted "New Mexico state veterans' home" for "New Mexico veterans' center" throughout the section; and inserted "New Mexico" preceding "veterans" in Paragraph C(1). The 1993 amendment, effective June 18, 1993, substituted " 'New Mexico veterans' center' located near Truth or Consequences, New Mexico" for " 'Truth or Consequences veterans' center' located near Truth or Consequences, New Mexico, hereinafter referred to as the 'center' " in Subsection A; added current Subsection B; redesignated former Subsections B through D as current Subsections C through E; in current Subsection C, substituted "'New Mexico veterans' advisory board'" for "'advisory board of the Truth or Consequences veterans' center'", added "or his designee" at the end of Paragraph (1), substituted "a veteran of World War II" for "the administrator of Fort Bayard medical center" in Paragraph (3), inserted "of the Korean conflict" in Paragraph (6), and added Paragraph (7); in Subsection E, substituted "department of health" for "health and environment department"; added Subsection F; and made minor stylistic changes. The 1991 amendment, effective June 14, 1991, substituted "a veteran" for "the director of the Albuquerque veterans' administration medical center" in Paragraph (6) of Subsection B; and, in Subsection C, inserted "and (6)" and made a related stylistic change. 
ANNOTATIONSRepeals.  Laws 1987, ch. 133,  6 repealed 23-4-2 NMSA 1978, as enacted by Laws 1974 (1st S.S.), ch. 2,  3, relating to duties of executive director of the veterans' center, effective June 19, 1987. 
A. Occupancy in the New Mexico state veterans' home and the Fort Bayard medical center veterans' unit shall be for veterans of service in the armed forces of the United States who have served on active duty pursuant to rules adopted by the secretary of veterans' services consistent with federal guidelines. To be eligible for admission and continued occupancy, a veteran must be a citizen of the United States who enlisted or was drafted, inducted or commissioned in the armed forces of the United States, who was accepted for and assigned to active duty in the armed forces and was not separated from the armed forces under circumstances amounting to a dishonorable discharge from the armed forces. B. Additionally, no more than twenty-five percent of the occupancy in the New Mexico state veterans' home shall consist of nonveterans from the following categories: (1) spouses; (2) surviving spouses; and (3) gold star parents, as defined in the Veterans' Services Department Act [Chapter 9, Article 22 NMSA 1978]. C. Whenever a law, rule or regulation of the United States department of veterans affairs or any other law permits the state to receive federal funds for the use and benefit of the New Mexico state veterans' home, upon acceptance of a veteran of the armed forces of the United States not meeting the requirements of Subsection A of this section, the New Mexico veterans' home advisory board may adopt rules to authorize such veteran's acceptance. History: 1953 Comp.,  74-7-3, enacted by Laws 1974 (S.S.), ch. 2,  4; 1983, ch. 329,  3; 1986, ch. 103,  2; 1987, ch. 133,  2; 1993, ch. 7,  2; 2001, ch. 40,  2; 2017, ch. 84,  9. ANNOTATIONSThe 2017 amendment, effective July 1, 2017, revised the eligibility standards for admission and continued occupancy in the New Mexico state veterans' home and the Fort Bayard medical center veterans' unit, and authorized the New Mexico home advisory board to adopt rules authorizing acceptance of veterans that do not meet the eligibility requirements in certain circumstances; in Subsection A, after "secretary of", deleted "health" and added "veterans' services", after "a veteran must be", deleted the paragraph designation "(1)", after "discharge from the armed forces", deleted "and" and deleted former Paragraph A(2); in Subsection B, Paragraph B(3), after "parents,", added "as defined in the Veterans' Services Department Act"; and in Subsection C, after "regulation of the", deleted "veterans' administration of the federal government" and added "United States department of veterans affairs", after "Subsection A of this section, the", added "New Mexico veterans' home advisory", and after "board", deleted "trustees". The 2001 amendment, effective June 15, 2001, substituted "state veterans' home" for "veterans' center" and "rules" for "rules and regulations" throughout the section. The 1993 amendment, effective June 18, 1993, in Subsection A, substituted "New Mexico veterans' center and the Fort Bayard medical center veterans' unit" for "center", substituted "on active duty" for "at least ninety days of active duty", and deleted "and environment" following "health" in the first sentence, rewrote Paragraph (1) which read "release or separation from the service with an honorable discharge", and substituted "admission" for "application" at the end of Paragraph (2); and made stylistic changes in Subsections B and C. 
The New Mexico state veterans' home may accept donations, gifts and bequests of land, money or other things of value for the purposes of Sections 23-4-1 and 23-4-3 NMSA 1978. The title to such lands, together with all improvements thereon, shall vest in the state, and the deeds thereto, all insurance policies, certificates of water rights and other evidences of ownership of the land or improvements of the New Mexico state veterans' home shall be filed as provided by law. Except as provided by the conditions of such donations, gifts and bequests, all donations and gifts of money shall be deposited by law. History: 1978 Comp.,  23-4-4.1, enacted by Laws 1983, ch. 329,  5; 1986, ch. 103,  4; 1987, ch. 133,  3; 1993, ch. 7,  3; 2001, ch. 40,  3. ANNOTATIONSThe 2001 amendment, effective June 15, 2001, substituted "state veterans' home" for "veterans' center" in two places and updated the internal reference in the first sentence. The 1993 amendment, effective June 18, 1993, inserted "New Mexico veterans' " preceding "center" in the first and second sentences. 
ANNOTATIONSRepeals.  Laws 1987, ch. 133,  6 repealed 23-4-4 NMSA 1978, as enacted by Laws 1974 (1st S.S.), ch. 2,  5, relating to payment of charges at the veterans' center, effective June 19, 1987. 
ANNOTATIONSRepeals.  Laws 1983, ch. 329,  9, repealed 23-4-5 NMSA 1978, as enacted by Laws 1974 (1st S.S.), ch. 2,  7, relating to donations and their title in state, and 23-4-6 NMSA 1978, as enacted by Laws 1974 (1st S.S.), ch. 2,  8, relating to acquisition of lands and their title in state, effective April 8, 1983. For present provisions, see 23-4-4.1 NMSA 1978. 
A. The secretary of health shall designate not more than thirty acres of land immediately surrounding the old Carrie Tingley crippled children's hospital building, including the support buildings and three adjoining houses, which may not be designated as surplus property by the department of finance and administration pursuant to this section. Subsequent to such a designation, the department of finance and administration may determine, after the New Mexico state veterans' home has been established, that there exists acreage that is surplus to the needs of the New Mexico state veterans' home. B. The department of finance and administration, with approval of the state board of finance, may transfer a portion of the designated surplus property not to exceed twenty-five acres to the Truth or Consequences school board to be used for a site for construction of a middle school. C. Subsequent to the official decision of the Truth or Consequences school board to proceed or not to proceed with the construction of a middle school on property adjacent to the New Mexico state veterans' home, the department of finance and administration may transfer, with approval of the state board of finance, part or all of the remaining surplus property to the city of Truth or Consequences for use in future economic development projects. D. All transfers of land provided for in this section shall be subject to the following conditions: (1) the governor or his designee shall approve any plans for development of any part of the original site before commencement of any construction under such plans; (2) if the Truth or Consequences school board has not developed a master plan for use of any property transferred to it by January 1, 1987 or has not substantially initiated this plan by January 1, 1993, the surplus property transferred to that school board shall revert to the state; (3) if the city of Truth or Consequences has not developed a master plan for use of any property transferred to it by January 1, 1987 or has not substantially initiated this plan by January 1, 1993, the surplus property transferred to that city shall revert to the state; (4) the department of finance and administration shall not transfer as surplus property either the access to any well already existing on the site or any buildings on the site without the consent of the board of trustees; and (5) no commitment on any parcel of land at the original site shall be made to the Truth or Consequences school board or to the city of Truth or Consequences until after such time as the New Mexico state veterans' home is approved by the legislature. History: Laws 1983, ch. 329,  7; 1986, ch. 103,  5; 1987, ch. 133,  4; 1993, ch. 7,  4; 2001, ch. 40,  4. ANNOTATIONSThe 2001 amendment, effective June 15, 2001, substituted "state veterans' home" for "veterans' center" in Subsections A, C and D and substituted "New Mexico state veterans' home" for "center" at the end of Subsection A. The 1993 amendment, effective June 18, 1993, deleted "and environment" following "health" in the first sentence of Subsection A and inserted "New Mexico veterans'" preceding "center" in Subsections A and C and Paragraph (5) of Subsection D. 
The object of the New Mexico behavioral health institute at Las Vegas is the observation, diagnosis, treatment, care and maintenance of the mentally ill. History: 1953 Comp.,  34-1-11.1, enacted by Laws 1959, ch. 360,  1. 2005, ch. 313,  6. ANNOTATIONSCross references.  For provisions of the Mental Health and Developmental Disabilities Code, see Chapter 43, Article 1 NMSA 1978. The 2005 amendment, effective June 17, 2005, changed the name of the Las Vegas medical center to the New Mexico behavioral institute at Las Vegas. Am. Jur. 2d, A.L.R. and C.J.S. references.  Civil liability for physical measures undertaken in connection with treatment of mentally disordered patient, 8 A.L.R.4th 464. Hospital's liability for mentally deranged patient's self-inflicted injuries, 36 A.L.R.4th 117. 
ANNOTATIONSRepeals.  Laws 1981, ch. 72,  1, repealed 23-5-2 NMSA 1978, as enacted by Laws 1959, ch. 188,  1, relating to the power of the governing authority of the state hospital to create branch facilities, effective March 21, 1981. 
ANNOTATIONSRepeals.  Laws 1978, ch. 211,  16, repealed former 34-3-2 and 34-3-5, 1953 Comp. (23-6-1, 23-6-2 NMSA 1978), relating to establishment, powers and duties of the Los Lunas hospital and training school, effective March 7, 1978. Laws 1981, ch. 72,  1, purported to repeal 23-6-2 NMSA 1978, although it had already been repealed by Laws 1978, ch. 211,  16. 
ANNOTATIONSRepeals.  Laws 1999, ch. 270,  10 repealed 23-7-1 NMSA 1978, as enacted by Laws 1973, ch. 378,  1, relating to pilot demonstration centers, effective July 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 9-7-6.3 NMSA 1978. Laws 1999, ch. 270,  10 repealed the Community Mental Health Services Act, 23-7-2 to 23-7-12 NMSA 1978, as enacted by Laws 1975, ch. 104,  1 to 11, effective July 1, 1999. For provisions of former sections, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 9-7-6.3 NMSA 1978. 
After the completion of the construction and equipment of the children's psychiatric unit at Albuquerque by the hospitals and institutions department, as provided by Laws 1975, Chapter 140, the operational control of the children's psychiatric unit shall be by the regents of the university of New Mexico. History: 1953 Comp.,  73-25-3.1, enacted by Laws 1977, ch. 174,  1. ANNOTATIONSCompiler's notes.  Laws 1975, Chapter 140 was not compiled, as it was not of a general and permanent nature. Cross references.  For provisions of the Mental Health and Developmental Disabilities Code, see Chapter 43, Article 1 NMSA 1978. 
This act [23-9-1 to 23-9-7 NMSA 1978] may be cited as the "Adolescent Treatment Hospital Act". History: Laws 1992, ch. 60,  1. 
As used in the Adolescent Treatment Hospital Act : A. "adolescent" means a person aged thirteen through twenty; B. "adolescent treatment hospital" means the hospital created pursuant to the Adolescent Treatment Hospital Act; C. "board" means the adolescent treatment hospital governing board; D. "adolescent residential treatment facility" means the facility created pursuant to the Adolescent Treatment Hospital Act; and E. "coordinated treatment panel" means the group made up of trained health and mental health professionals who review and approve psychosocial treatment recommendations, develop psychosocial treatment alternatives, track costs and cost-effectiveness and evaluate outcomes; and F. "secretary" means the secretary of health. History: Laws 1992, ch. 60,  2; 1998, ch. 28,  1. ANNOTATIONSThe 1998 amendment, effective May 20, 1998, in Subsection E, deleted "from the human services department, the department of health, the state department of public education and the youth authority" following "professionals". 
The "adolescent treatment hospital" is created. The adolescent treatment hospital shall provide care, treatment and reintegration into society for adolescents who are violent or who have a history of violence and have a mental disorder and who are amenable to treatment. History: Laws 1992, ch. 60,  3. 
The "adolescent residential treatment facility" is created. The adolescent residential treatment facility shall provide a residential treatment program designed for treating adolescents with serious emotional disturbances for the purpose of developing skills necessary for successful transition into the community. The facility shall include a therapeutic environment by establishing a therapeutic milieu or by using a reeducation model that emphasizes the building of competencies. History: Laws 1992, ch. 60,  4. 
A. There is created the "adolescent treatment hospital governing board" consisting of five members appointed by the secretary. The members shall serve at the pleasure of the secretary and shall be familiar with the treatment and care of violent adolescents who are mentally disordered. B. The board shall advise the secretary on professional practices, community concerns and policies and procedures related to the treatment of adolescents admitted to the adolescent treatment hospital. C. The board, in consultation with the secretary, shall make and adopt such reasonable rules and regulations as may be necessary or convenient to carry out its duties and to administer the provisions of the Adolescent Treatment Hospital Act. History: Laws 1992, ch. 60,  5. 
A. Adolescents shall be admitted to the adolescent treatment hospital and adolescent residential treatment facility only in accordance with the provisions of the Mental Health and Developmental Disabilities Code [Chapter 43, Article 1 NMSA 1978] or the Children's Mental Health and Developmental Disabilities Act. The coordinated treatment panel may make recommendations on admissions. B. The secretary shall, in consultation with the board, define admittance criteria; provided that the criteria may not exclude adolescents in the custody of other agencies who might otherwise meet the criteria for services provided through the adolescent treatment hospital. C. The Mental Heath [Health] and Developmental Disabilities Code or the Children's Mental Health and Developmental Disabilities Act shall apply to inpatient treatment. History: Laws 1992, ch. 60,  6; 1998, ch. 28,  2. ANNOTATIONSBracketed material.  The bracketed material was inserted by the compiler and is not part of the law. The Children's Mental Health and Developmental Disabilities Act, referred to in Subsections A and C, appeared as 32A-6-1 to 32A-6-22 NMSA 1978 before being repealed by Laws 2007, ch. 162,  31, effective June 15, 2007. For present comparable provisions, see Chapter 32A, Article 6A NMSA 1978. The 1998 amendment, effective, May 20, 1998, rewrote Subsection A, and inserted "or the Children's Mental Health and Developmental Disabilities Act" in Subsection C. 
A. The adolescent treatment hospital and adolescent residential treatment facility shall be under the administration and control of the department of health. The secretary of health shall ensure that the adolescent treatment hospital becomes accredited by an appropriate hospital accreditation organization within the limits of its appropriations and, notwithstanding that accreditation, shall also seek and maintain licensure under the appropriate state standards. B. The adolescent treatment hospital and adolescent residential treatment facility may establish and maintain administrative units and services for administration, medical and mental health care treatment, nursing, dietetics, education, recreation, social work and related services as may be necessary to carry out the purposes for which the adolescent treatment hospital and adolescent residential treatment facility are established. C. Employees of the adolescent treatment hospital and adolescent residential treatment facility shall be subject to the State Personnel Act [Chapter 10, Article 9 NMSA 1978]. D. The adolescent treatment hospital and adolescent residential treatment facility may develop and implement a reasonable schedule of fees for adolescents not in the custody of the state and not otherwise eligible for services paid for or supported by the state. All fee payments shall be deposited with the state treasurer and credited to the general fund. E. The adolescent treatment hospital and adolescent residential treatment facility may accept donations, gifts or bequests of land, money or things of value for the establishment, maintenance and advancement of the adolescent treatment hospital and adolescent residential treatment facility. Title to lands acquired shall be vested in the state. Donations, gifts and bequests of money shall be deposited to the credit of the adolescent treatment hospital and adolescent residential treatment facility if required as a condition of the donation, gift or bequest. History: Laws 1992, ch. 60,  7.