reglab/housing_qa huggingface dataset:
NM Stat § 41-5-19 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-19 - Hearing procedures. (Effective January 1, 2022.)

A. At the time set for hearing, the attorney submitting the case for review shall be present and shall make a brief introduction of the case, including a resume of the facts constituting alleged professional malpractice. The independent provider against whom the claim is brought and the independent provider's attorney may be present and may make an introductory statement of the independent provider's case.B. Both parties may call witnesses to testify before the panel, which witnesses shall be sworn. Medical texts, journals, studies and other documentary evidence relied upon by either party may be offered and admitted if relevant. Written statements of fact of treating independent providers may be reviewed. The monetary damages in any case shall not be a subject of inquiry or discussion.C. The hearing shall be informal, and no official transcript shall be made. Nothing contained in this subsection shall preclude the recording or transcribing of the testimony by the parties at their own expense.D. At the conclusion of the hearing, the panel shall deliberate and reach a decision.History: 1953 Comp., § 58-33-19, enacted by Laws 1976, ch. 2, § 19; 2021, ch. 16, § 12. ANNOTATIONSThe 2021 amendment, effective January 1, 2022, removed a provision that a panel, at the conclusion of a hearing, may take the case under advisement or may request additional evidence, and required that a panel, at the conclusion of a hearing, deliberate and reach a decision; preceding each occurrence of "provider", changed "health care" to "independent"; in Subsection D, after "the panel", deleted the remainder of the subsection and added "shall deliberate and reach a decision"; and deleted Subsection E.
NM Stat § 41-5-21 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-21 - Director; rules of procedure.

The director is authorized to adopt and publish rules of procedure necessary to implement and carry out the duties of the medical review commission. No rule shall be adopted, however, which requires a party to make a monetary payment as a condition to bringing a malpractice claim before the medical review panel. History: 1953 Comp., § 58-33-21, enacted by Laws 1976, ch. 2, § 21. ANNOTATIONSEmergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons, and Other Healers §§ 374, 375.
NM Stat § 41-5-23 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-23 - Provision of expert witness.

In any malpractice claim where the panel has determined that the acts complained of were or reasonably might constitute malpractice and that the patient was or may have been injured by the act, the panel, its members, the director and the professional association concerned will cooperate fully with the patient in retaining a physician qualified in the field of medicine involved, who will consult with, assist in trial preparation and testify on behalf of the patient, upon his payment of a reasonable fee to the same effect as if the physician had been engaged originally by the patient. History: 1953 Comp., § 58-33-23, enacted by Laws 1976, ch. 2, § 23. ANNOTATIONSEmergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976. Law reviews. — For article, "Medical Malpractice Legislation in New Mexico," see 7 N.M.L. Rev. 5 (1976-77). Am. Jur. 2d, A.L.R. and C.J.S. references. — 31A Am. Jur. 2d Expert and Opinion Evidence §§ 19, 20, 40. Necessity of expert evidence to support an action for malpractice against a physician or surgeon, 81 A.L.R.2d 597. Competency of general practitioner to testify as expert witness in action against specialist for medical malpractice, 31 A.L.R.3d 1163. Competence of physician or surgeon from one locality to testify, in malpractice case, as to standard of care required of defendant practicing in another locality, 37 A.L.R.3d 420. Necessity and sufficiency of expert evidence to establish existence and extent of physician's duty to inform patient of risks of proposed treatment, 52 A.L.R.3d 1084.
NM Stat § 41-5-24 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-24 - Maintenance of records.

The director shall maintain records of all proceedings before the medical review commission which shall include the nature of the acts or omissions complained of, a brief summary of the evidence presented, the decision of the panel and any majority or dissenting opinions filed. Such records shall not be made public and shall not be subject to subpoena but shall be used solely for the purpose of compiling statistical data and facilitating on-going studies of medical malpractice in New Mexico. History: 1953 Comp., § 58-33-24, enacted by Laws 1976, ch. 2, § 24. ANNOTATIONSEmergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976.
NM Stat § 41-5-25.1 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-25.1 - Patient's compensation fund advisory board; created; membership; powers and duties.

A. The "patient's compensation fund advisory board" is created to advise the superintendent and the third-party administrator. The office of superintendent of insurance shall provide staff services to the advisory board. The advisory board shall be established by July 2, 2021.B. The nine-member advisory board shall consist of:(1) two representatives from the New Mexico trial lawyers association;(2) two representatives of a statewide association representing hospitals;(3) two representatives of a statewide association representing physicians;(4) two patient or patient advocate representatives; and(5) one representative of a statewide association representing certified nurse practitioners.C. Members of the advisory board shall be chosen annually by their organizations, as applicable, and the patient or patient advocate representatives shall be chosen by the chief justice of the supreme court from nominations made by the New Mexico trial lawyers association. Members of the advisory board are entitled to receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], but shall receive no other compensation, perquisite or allowance.D. The advisory board shall elect a chair and a vice chair. A majority of the members constitutes a quorum for the transaction of business. All decisions of the advisory board shall be by majority vote of the members present.E. The advisory board shall convene at least twice a year or at the request of the superintendent to:(1) review the process and data for the setting of the surcharges for all qualified health care providers pursuant to the Medical Malpractice Act;(2) advise the superintendent concerning surcharge data accumulation and results;(3) advise the superintendent on the surcharges to be set by the superintendent; and(4) prepare an annual report to the legislature on the operations and financial condition of the fund no later than the first day of each year's legislative session.History: 1978 Comp., § 41-5-25.1, enacted by Laws 2021, ch. 16, § 14.ANNOTATIONSEffective dates. — Laws 2021, ch. 16, § 18 made Laws 2021, ch. 16, § 14 effective July 1, 2021.
NM Stat § 41-5-26 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-26 - Malpractice coverage.

A. The filing of proof of financial responsibility with the superintendent, as provided in Section 41-5-5 NMSA 1978, shall constitute a conclusive and unqualified acceptance of the provisions of the Medical Malpractice Act. B. Any provision in a policy attempting to limit or modify the liability of the insurer contrary to the provisions of the Medical Malpractice Act is void. C. Every policy issued under the Medical Malpractice Act is deemed to include the following provisions: (1) the insurer assumes all obligations to pay an award imposed against its insured under the provisions of the Medical Malpractice Act; and (2) any termination of a policy by an insurer shall not be effective unless written notice of such termination has been mailed by certified mail to both the insured and the superintendent at least ninety days prior to the date the cancellation is to become effective, except that an insurer may terminate a policy if a billed premium payment is thirty days past due upon ten days' prior written notice mailed by certified mail to the insured of the failure of the insured to pay premiums, and an insured may terminate his policy by written request to the insurer but the effective date of termination shall be not sooner than ten days after the receipt by the insurer of the written request to terminate. In all cases when a policy is terminated for failure of the insured to pay premiums or at the request of the insured, the insurer shall notify the superintendent in writing immediately of the effective date of termination of the policy. The insurer shall remain liable for all causes of action accruing prior to the effective date of the termination, unless otherwise barred by the provisions of the Medical Malpractice Act. History: 1953 Comp., § 58-33-26, enacted by Laws 1976, ch. 2, § 26; 1977, ch. 284, § 4. ANNOTATIONSEmergency clauses. — Laws 1977, ch. 284, § 5 contained an emergency clause and was approved April 7, 1977. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons, and Other Healers § 62. Wrongful cancellation of medical malpractice insurance, 99 A.L.R.3d 469. Propriety of hospital's conditioning physician's staff privileges on his carrying professional liability or malpractice insurance, 7 A.L.R.4th 1238. Coverage and exclusions of liability or indemnity policy on physicians, surgeons, and other healers, 33 A.L.R.4th 14, 14 A.L.R.5th 695. Health provider's agreement as to patient's copayment liability after award by professional service insurer as unfair trade practice under state law, 49 A.L.R.4th 1240. Liability insurance: what is "claim" under deductibility-per-claim clause, 60 A.L.R.4th 983.
NM Stat § 41-5-27 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-27 - Report by district court clerks.

Within thirty days of entry of judgment, the clerk of the district court from which judgment issues shall forward the name of every health care provider against whom a judgment is rendered under the Medical Malpractice Act to the appropriate board of professional registration and examination for review of the fitness of the health care provider to practice his profession. In cases where judgments are entered against hospitals or other institutional health care providers, on the basis of respondeat superior or some other derivative theory of recovery, the clerk of the district court shall forward the name of the individual health care provider whose negligence caused the injury to that health care provider's board of professional registration and examination for such review. Review of the health care provider's fitness to practice shall be conducted in accordance with law. History: 1953 Comp., § 58-33-27, enacted by Laws 1976, ch. 2, § 27. ANNOTATIONSEmergency clauses. — Laws 1976, ch. 2, § 32 contained an emergency clause and was approved February 27, 1976.
NM Stat § 41-5-28 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-28 - Payment of medical review commission expenses.

Unless otherwise provided by law, expenses incurred in carrying out the powers, duties and functions of the New Mexico medical review commission, including the salary of the director, shall be paid by the patient's compensation fund. The superintendent, in his capacity as custodian of the fund, shall disburse fund money to the director upon receipt of vouchers itemizing expenses incurred by the New Mexico medical review commission. The director shall supply the chief justice of the New Mexico supreme court with duplicates of all vouchers submitted to the superintendent. Expenses paid by the fund shall not exceed three hundred fifty thousand dollars ($350,000) in any single calendar year; provided, however, that expenses incurred in defending the commission shall not be subject to that maximum amount. History: 1953 Comp., § 58-33-28, enacted by Laws 1976, ch. 2, § 29; 1991, ch. 264, § 11; 1997, ch. 108, § 1. ANNOTATIONSThe 1997 amendment, effective June 20, 1997, substituted "three hundred fifty thousand dollars ($350,000)" for "two hundred fifty thousand dollars ($250,000)" in the last sentence. The 1991 amendment, effective July 1, 1991, substituted "two hundred fifty thousand dollars ($250,000)" for "one hundred fifty thousand dollars ($150,000)" in the final sentence; added the proviso at the end of the final sentence; and made minor stylistic changes throughout the section.
NM Stat § 41-5-28 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-28 - Payment of medical review commission expenses. (Effective January 1, 2022.)

Unless otherwise provided by law, expenses incurred in carrying out the powers, duties and functions of the New Mexico medical review commission, including the salary of the director of the commission, shall be paid by the fund. The superintendent, in the superintendent's capacity as custodian of the fund, shall disburse fund money to the director upon receipt of vouchers itemizing expenses incurred by the commission. The director shall supply the chief justice of the New Mexico supreme court with duplicates of all vouchers submitted to the superintendent. Expenses of the commission paid by the fund shall not exceed five hundred thousand dollars ($500,000) in any single calendar year; provided, however, that expenses incurred in defending the commission shall not be subject to that maximum amount.History: 1953 Comp., § 58-33-28, enacted by Laws 1976, ch. 2, § 29; 1991, ch. 264, § 11; 1997, ch. 108, § 1; 2021, ch. 16, § 15. ANNOTATIONSThe 2021 amendment, effective January 1, 2022, increased the annual limit on commission expenses to five hundred thousand dollars from three hundred fifty thousand dollars; after "shall not exceed", changed "three hundred fifty thousand dollars ($350,000)" to "five hundred thousand dollars ($500,000)".
NM Stat § 41-5-29 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-29 - Reports.

On January 31 of each year, the superintendent shall, upon request, provide a written report to all interested persons of the following information: A. the beginning and ending calendar year balances in the patient's compensation fund; B. the total amount of contributions to the patient's compensation fund; and C. any other information regarding the patient's compensation fund that the superintendent considers to be important. History: 1978 Comp., § 41-5-29, enacted by Laws 1992, ch. 33, § 10. ANNOTATIONSApplicability. — Laws 1992, ch. 33, § 17, effective March 6, 1992, made the provisions of the act applicable only to occurrences arising on and after April 1, 1994. Severability . — Laws 1992, ch. 33, § 16, effective March 6, 1992, provided that if any part or application of the act is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 41-5-29 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 5 - Medical Malpractice Act|Section 41-5-29 - Fund reports. (Effective January 1, 2022.)

On January 31 of each year, the superintendent shall, upon request, provide a written report to all interested persons of the following information:A. the beginning and ending calendar year balances in the fund;B. an itemized accounting of the total amount of contributions to the fund;C. all information regarding closed claims files, including an itemized accounting of all payments paid out; andD. any other information regarding the fund that the superintendent or the legislature considers to be important.History: 1978 Comp., § 41-5-29, enacted by Laws 1992, ch. 33, § 10; 2021, ch. 16, § 16. ANNOTATIONSThe 2021 amendment, effective January 1, 2022, required the superintendent, upon request, to provide an itemized accounting of the total contributions to the patient's compensation fund and to provide all information regarding closed claims files; in the section heading, added "Fund" preceding "reports; in Subsection B, added "an itemized accounting of"; added a new Subsection C and redesignated former Subsection C as Subsection D; and in Subsection D, after "superintendent", added "or the legislature".
NM Stat § 41-6-1 to 41-6-14 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 6 - Professional Liability Fund Act (Repealed.)|Section 41-6-1 to 41-6-14 - Repealed.

ANNOTATIONSRepeals. — Laws 1976, ch. 5, § 15 repealed 41-6-1 to 41-6-14 NMSA 1978, the Professional Liability Fund Act, as enacted by Laws 1976, ch. 5, §§ 1 to 14, effective July 1, 1981.
NM Stat § 41-7-2 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 7 - Libel and Slander|Section 41-7-2 - [Judgment as res judicata.]

A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication or exhibition or utterance as described in Section 1 [41-7-1 NMSA 1978] shall bar any other action for damages by the same plaintiff against the same defendant founded upon the same publication or exhibition or utterance. History: 1953 Comp., § 40-27-31, enacted by Laws 1955, ch. 50, § 2; 1978 Comp., § 30-34-2, recompiled as 1978 Comp., § 41-7-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 41-7-3 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 7 - Libel and Slander|Section 41-7-3 - [Uniformity of interpretation.]

This act [41-7-1 to 41-7-5 NMSA 1978] shall be so interpreted as to effectuate its purpose to make uniform the law of those states or jurisdictions which enact it. History: 1953 Comp., § 40-27-32, enacted by Laws 1955, ch. 50, § 3; 1978 Comp., § 30-34-3, recompiled as 1978 Comp., § 41-7-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 41-7-4 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 7 - Libel and Slander|Section 41-7-4 - [Short title.]

This act [41-7-1 to 41-7-5 NMSA 1978] may be cited as the Uniform Single Publication Act. History: 1953 Comp., § 40-27-33, enacted by Laws 1955, ch. 50, § 4; 1978 Comp., § 30-34-4, recompiled as 1978 Comp., § 41-7-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 41-7-5 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 7 - Libel and Slander|Section 41-7-5 - [Retroactive effect.]

This act [41-7-1 to 41-7-5 NMSA 1978] shall not be retroactive as to causes of action existing on its effective date. History: 1953 Comp., § 40-27-34, enacted by Laws 1955, ch. 50, § 5; 1978 Comp., § 30-34-5, recompiled as 1978 Comp., § 41-7-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 41-8-1 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 8 - Arson Reporting Immunity|Section 41-8-1 - Short title.

This act [41-8-1 to 41-8-6 NMSA 1978] may be cited as the "Arson Reporting Immunity Act". History: Laws 1979, ch. 117, § 1. ANNOTATIONSEmergency clauses. — Laws 1979, ch. 117, § 7 contained an emergency clause and was approved March 26, 1979. Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes "burning" to justify charge of arson, 28 A.L.R.4th 482.
NM Stat § 41-8-2 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 8 - Arson Reporting Immunity|Section 41-8-2 - Definitions.

As used in the Arson Reporting Immunity Act: A. "authorized agencies" means the: (1) state fire marshal or his designate when authorized or charged with the investigation of the fire or explosion at the place where the fire or explosion actually took place; (2) district attorney responsible for prosecution in the county where the fire occurred; (3) attorney general when involved in the investigation or responsible for the prosecution of an alleged arson or prosecution of an arson; (4) county and municipal fire departments authorized or charged with the investigation of fires at the place where the fire actually occurred; (5) governor's organized crime prevention commission; (6) county sheriffs' departments and municipal police departments authorized or charged with the investigation of fires at the place where the fire actually occurred; and (7) New Mexico state police; B. "authorized agencies" for the purposes of Subsection A of Section 41-8-3 NMSA 1978 also means: (1) the federal bureau of investigation; (2) the United States attorney's office when authorized or charged with investigation or prosecution of the fire in question; and (3) the United States treasury department bureau of alcohol, tobacco and firearms; C. "relevant" means information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable than it would be without the evidence; D. "deemed important" means material deemed important if, within the sole discretion of the authorized agency, such material is requested by that authorized agency; E. "action" as used in this statute, includes nonaction or the failure to take action; F. "immune" means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to Section 41-8-3 or 41-8-4 NMSA 1978 where actual malice on the part of the insurance company or authorized agency against the insured is not present; and G. "insurance company" includes the New Mexico FAIR plan [59A-29-2 to 59A-29-9 NMSA 1978]. History: Laws 1979, ch. 117, § 2; 1987, ch. 276, § 1. ANNOTATIONSEffective dates. — Laws 1987, ch. 276 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 1987, 90 days after the adjournment of the legislature.