reglab/housing_qa huggingface dataset:
NM Stat § 24-1-17 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-17 - Inspectorial search by consent.

A. Within the scope of his authority with respect to the places to be inspected and the purpose for which inspection is to be carried out, an inspection officer may conduct an inspectorial search, with the voluntary consent of an occupant or custodian of the premises or vehicles to be inspected, who reasonably appears to the inspection officer to be in control of the places to be inspected or otherwise authorized to give such consent. B. Before requesting consent for an inspectorial search, the inspection officer shall inform the person to whom the request is directed of the authority under and purposes for which the inspection is to be made and shall, upon demand, exhibit a badge or document evidencing his authority to make such inspections. C. Inspections undertaken pursuant to this section shall be carried out with due regard for the convenience and privacy of the occupants, and during the daytime unless, because of the nature of the premises, the convenience of the occupants or other circumstances, there is a reasonable basis for carrying out the inspection at night. D. Except in accordance with the provisions of the subsequent subsection adequate notice of the time and purpose of an inspection shall be sent to the occupants or custodians of premises or vehicles to be inspected not less than seven days before the inspection is undertaken. E. The notice required by the preceding subsection may be dispensed with if, because of the nature of the inspection to be undertaken, the conduct of the occupants, or other circumstances, there is a reasonable basis for belief that such notice would obstruct, or seriously diminish the utility, of the inspection in question. History: 1953 Comp., § 12-34-17, enacted by Laws 1973, ch. 359, § 17. ANNOTATIONSCross references. — For constitutional provision relating to searches and seizures, see N.M. Const., art. II, § 10. Am. Jur. 2d, A.L.R. and C.J.S. references. — Propriety of state or local government health officer's warrantless search - post-Camara cases, 53 A.L.R.4th 1168.
NM Stat § 24-1-18 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-18 - Inspection searches.

A. Upon sufficient showing that consent to an inspectorial search has been refused or is otherwise unobtainable within a reasonable period of time, an inspection officer may make application for an inspection order. Such application shall be made to a district court judge having jurisdiction over the premises or vehicle to be searched or an administrative official authorized by statute or ordinance to issue inspection orders. B. The application shall be granted and the inspection order issued upon a sufficient showing that inspection in the area in which the premises or vehicles in question are located, or inspection of the particular premises or vehicles, is in accordance with reasonable legislative or administrative standards, and that the circumstances of the particular inspection for which application is made are otherwise reasonable. The issuing authority shall make and keep a record of the proceedings on the application, and enter thereon his finding in accordance with the requirements of this section. C. The inspection officer executing the order shall, if the premises or vehicle in question are unoccupied at the time of execution, be authorized to use such force as is reasonably necessary to effect entry and make the inspection. D. The officer conducting the search shall, if authorized by the issuing authority on proper showing, be accompanied by one or more law enforcement officers authorized to serve search warrants who shall assist the inspection officer in executing the order at his direction. E. After execution of the order or after unsuccessful efforts to execute the order, as the case may be, the inspection officer shall return the order to the issuing authority with a sworn report of the circumstances of execution or failure thereof. History: 1953 Comp., § 12-34-18, enacted by Laws 1973, ch. 359, § 18. ANNOTATIONSCross references. — For constitutional provision relating to searches and seizures, see N.M. Const., art. II, § 10.
NM Stat § 24-1-19 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-19 - Emergency inspectorial searches.

A. Whenever it reasonably appears to an inspection officer that there may be a condition, arising under the laws he is authorized to enforce and imminently dangerous to health and safety, the detection or correction of which requires immediate access, without prior notice, to premises for purposes of inspectorial search, and if consent to such search is refused or cannot be promptly obtained, the inspection officer may make an emergency inspectorial search of the premises without an inspection order. B. Upon completion of the emergency inspectorial search, the inspection officer shall make prompt report of the circumstances to the judicial or administrative authority to whom application for an inspection order would otherwise have been made. History: 1953 Comp., § 12-34-19, enacted by Laws 1973, ch. 359, § 19. ANNOTATIONSCross references. — For constitutional provision relating to searches and seizures, see N.M. Const., art. II, § 10. Am. Jur. 2d, A.L.R. and C.J.S. references. — Propriety of state or local government health officer's warrantless search - post-Camara cases, 53 A.L.R.4th 1168.
NM Stat § 24-1-21 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-21 - Penalties.

Any person violating any of the provisions of the Public Health Act or any order, rule or regulation adopted pursuant to the provisions of the Public Health Act is guilty of a petty misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100) or imprisonment in the county jail for a definite term not to exceed six months or both such fine and imprisonment in the discretion of the court. Each day of a continuing violation of Subsection A of Section 24-1-5 NMSA 1978 after conviction shall be considered a separate offense. The department also may enforce its rules and orders by any appropriate civil action. The attorney general shall represent the department. History: 1953 Comp., § 12-34-22, enacted by Laws 1973, ch. 359, § 22; 1975, ch. 183, § 4; 1983, ch. 185, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Health § 84 et seq. 39A C.J.S. Health and Environment §§ 48-52.
NM Stat § 24-1-23 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-23 - Disclosure by medicare health care providers; limitation on charges to recipient of services.

A. As used in this section: (1) "health care provider" means any person who provides health care services the charges for which either he or the recipient of the services is eligible for payment or reimbursement of under provisions of the federal medicare program; and (2) "recipient" means a person who is eligible under the federal medicare program provisions for reimbursement to him or payment on his behalf for charges for health care services. B. A health care provider shall disclose to a recipient before providing services the provider's policy regarding whether or not the provider accepts assignment of medicare benefits. History: Laws 1987, ch. 157, § 1.
NM Stat § 24-1-24 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-24 - Repealed.

History: Laws 1997, ch. 242, § 7 and Laws 1997, ch. 247, § 4; repealed by Laws 2013, ch. 44, § 3.ANNOTATIONSRepeals. — Laws 2013, ch. 44, § 3 repealed 24-1-24 NMSA 1978, as enacted by Laws 1997, ch. 242, § 7, relating to the brain injury services fund, effective June 14, 2013. For provisions of former section, see the 2012 NMSA 1978 on NMOneSource.com.
NM Stat § 24-1-25 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-25 - Holly Gonzales experimental treatment fund created.

A. The "Holly Gonzales experimental treatment fund" is created in the state treasury. B. The Holly Gonzales experimental treatment fund shall be administered by the secretary of health. The money in the fund shall be used solely for the purpose of paying for the costs of federal drug administration approved experimental treatments or procedures for children with catastrophic, debilitating or terminal illnesses. An attending physician of a patient seeking coverage of a treatment or procedure from the fund shall certify to the secretary of health that conventional treatments or procedures cannot control or cure the illness, the expected outcome for the patient is death and the experimental treatment or procedure has a reasonable chance of either curing or controlling the illness for an extended period of time. The patient shall provide documentation from his medical insurer that the experimental treatment is not included in the policy covering the patient. C. The patient shall submit receipts to the secretary of health for payment from the Holly Gonzales experimental treatment fund for the direct expenses of the experimental treatment or procedure and for associated expenses necessarily incurred in obtaining the treatment or procedure. D. Disbursements from the Holly Gonzales experimental treatment fund shall be by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of health. History: Laws 2001, ch. 333, § 1. ANNOTATIONSEmergency clauses. — Laws 2001, ch. 333, § 3 contained an emergency clause and was approved April 5, 2001.
NM Stat § 24-1-26 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-26 - Repealed.

History: Laws 2003, ch. 59, § 1; repealed by Laws 2004, ch. 46, § 18. ANNOTATIONSRepeals. — Laws 2004, ch. 46, § 18 repealed 24-1-26 NMSA 1978, as enacted by Laws 2003, ch. 59, § 1, relating to the interagency behavioral health coordinating committee, effective May 19, 2004. For provisions of former section, see the 2003 NMSA 1978 on NMOneSource.com.
NM Stat § 24-1-27 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-27 - Purpose.

The purpose of creating a single interagency behavioral health purchasing collaborative is to develop a statewide system of behavioral health care that promotes the behavioral health and well-being of children, individuals and families; encourages a seamless system of care that is accessible and continuously available; and emphasizes prevention and early intervention, resiliency, recovery and rehabilitation. History: Laws 2004, ch. 46, § 1. ANNOTATIONS
NM Stat § 24-1-30 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-30 - Hand washing facilities; requirement.

Portable hand washing facilities shall be provided with at least one hand wash facility to every one-to-ten portable toilets in public locations where portable toilets are required by law or ordinance. The facilities shall be in close proximity to the toilets. History: Laws 2005, ch. 190, § 1. ANNOTATIONSEffective dates. — Laws 2005, ch. 190 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 24-1-31 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-31 - Save our children's sight fund created.

The "save our children's sight fund" is created in the state treasury. Money in the fund shall consist of appropriations, contributions, grants and statutory revenues directed to the fund. Money in the fund is appropriated to the department of health, which shall administer the fund for the purpose of development and implementation of a vision screening program making vision screenings and follow-up comprehensive examinations available to New Mexico children regardless of family income. Expenditures from the fund shall be by warrants of the secretary of finance and administration drawn pursuant to vouchers signed by the secretary of health or the secretary's authorized representative. Money in the fund shall not revert at the end of a fiscal year. History: Laws 2007, ch. 353, § 1 and Laws 2007, ch. 357, § 1. ANNOTATIONSCompiler's notes. — Laws 2007, ch. 353, § 1 and Laws 2007, ch. 357, § 1, effective January 1, 2008, enacted identical new sections. The section was set out as enacted by Laws 2007, ch. 357, § 1. See 12-1-8 NMSA 1978.
NM Stat § 24-1-32 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-32 - Notice of the need for further vision evaluation and availability of funds.

The department of health shall promulgate rules for award of money from the save our children's sight fund. When the vision screen of a student indicates the need for further evaluation, the student's school shall notify the student's parent of that need and provide information on the availability of funds from the save our children's sight fund. The notice shall state that the parent, if the student is not already covered by health insurance for a comprehensive eye examination, may apply to the fund for the following expenses as a result of the screening: A. a comprehensive eye examination by an optometrist or ophthalmologist whose services are used to follow up the school vision screen; B. the cost of contact lenses or polycarbonate lenses and frames for eyeglasses; and C. replacement insurance for lost or broken lenses. History: Laws 2007, ch. 353, § 3 and Laws 2007, ch. 357, § 3. ANNOTATIONSCompiler's notes. Laws 2007, ch. 353, § 3 and Laws 2007, ch. 357, § 3, enacted identical new sections, both effective January 1, 2008. Temporary provisions. — Laws 2007, ch. 353, § 5 and Laws 2007, ch. 357, § 5, provided that the secretary of health shall appoint an advisory committee to establish the standard for an appropriate vision screening. The committee shall consist of a practicing nurse, a representative of a statewide organization for the prevention of blindness, a licensed New Mexico optometrist, a licensed New Mexico ophthalmologist and a licensed New Mexico pediatrician. The department of health shall promulgate rules to establish vision screening test standards.
NM Stat § 24-1-33 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-33 - Communication regarding reconstructive breast surgery.

A. A health care provider that provides mastectomy or lumpectomy or lymph node dissection surgery of the breast shall provide information to the patient about the option of reconstructive surgery. The information shall be provided to the patient in writing and in advance of obtaining consent for the mastectomy or lumpectomy or lymph node dissection surgery of the breast. The information shall include at least a description of: (1) reconstructive surgery options and the advantages and disadvantages of each option; (2) the availability of health insurance or health care coverage for costs related to reconstructive surgery pursuant to the New Mexico Insurance Code [Chapter 59A NMSA 1978, except for Articles 30A and 42A] and the federal Women's Health and Cancer Rights Act of 1998; and (3) patient access to reconstructive surgery services, including referring the patient to a health care provider that provides reconstructive surgery if the health care provider that performs the mastectomy or lumpectomy or lymph node dissection surgery of the breast does not offer reconstructive surgery services. B. The department of health shall notify health care providers of the provisions of Subsection A of this section. History: Laws 2011, ch. 145, § 1. ANNOTATIONSEffective dates. — Laws 2011, ch. 145 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
NM Stat § 24-1-34 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-34 - Primary stroke centers; comprehensive stroke centers; acute stroke capable centers; department certification; rulemaking.

A. In accordance with department rules, the department shall certify any acute care hospital as a primary stroke center, comprehensive stroke center or acute stroke capable center if that hospital has been accredited by the joint commission or any other nationally recognized accrediting body as a primary stroke center, comprehensive stroke center or acute stroke capable center. The department shall post information regarding certification on the department's web site. If a hospital loses accreditation as a primary stroke center, comprehensive stroke center or acute stroke capable center, the secretary shall also remove that hospital's certification. B. In accordance with department rules, the emergency medical systems bureau of the department shall work in coordination with all local and regional emergency medical services authorities statewide on the development of pre-hospitalization protocols related to the assessment, treatment and transport of stroke patients by licensed emergency medical services providers. These protocols shall include, at a minimum, plans for the triage and transport of stroke patients to the closest comprehensive or primary stroke center or, when appropriate, to an acute stroke capable center. C. The secretary may adopt rules to assist and encourage primary stroke centers to enter into coordinated stroke care agreements with other health care facilities throughout the state to provide appropriate access to care for acute stroke patients. History: Laws 2012, ch. 4, § 1; 2015, ch. 90, § 1. ANNOTATIONSThe 2015 amendment, effective June 19, 2015, expanded sources of accreditation for stroke centers and required the emergency medical systems bureau, in coordination with regional emergency medical services authorities statewide, to develop pre-hospitalization protocols related to the treatment of stroke patients; in Subsection A, after "hospital has been accredited", added "by the joint commission or any other nationally recognized accrediting body", after "capable center", deleted "by the joint commission", and after "loses", deleted "joint commission certification" and added "accreditation"; and added Subsection B and redesignated the succeeding subsection accordingly.
NM Stat § 24-1-35 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-35 - Assisted living facilities contracts; limit on charges after resident death.

A. The contract for each resident of an assisted living facility shall include a refund policy to be implemented at the time of a resident's death. The refund policy shall provide that the resident's estate or responsible party is entitled to a prorated refund based on the calculated daily rate for any unused portion of payment beyond the termination date after all charges have been paid to the licensee. For the purpose of this section, the termination date shall be the date the unit is vacated by the resident due to the resident's death and cleared of all personal belongings. B. If a resident's belongings are not removed within one week of the resident's death and the amount of belongings does not preclude renting the unit, the facility may clear the unit and charge the resident's estate for moving and storing the items at a rate equal to the actual cost to the facility, not to exceed ten percent of the regular rate for the unit; provided that the responsible party for the resident is given notice at least one week before the resident's belongings are removed. If the resident's belongings are not claimed within forty-five days after notification, the facility may dispose of them. C. For the purposes of this section, "assisted living facility" means a facility required to be licensed as an assisted living facility for adults by the department of health. History: Laws 2013, ch. 114, § 1. ANNOTATIONSEmergency clauses. — Laws 2013, ch. 114 contained an emergency clause and was approved April 2, 2013.
NM Stat § 24-1-36 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-36 - Statewide community-based adult fall risk awareness and prevention program.

A. By January 1, 2015, the department of health shall establish a statewide community-based adult fall risk awareness and prevention program. B. In implementing the statewide community-based adult fall risk awareness and prevention program, the department of health shall: (1) contract for the development of a culturally competent and literacy level-appropriate statewide community-based adult fall risk awareness and prevention media campaign, to include a web page, a referral clearinghouse and statewide media placement of print, radio and television messages; (2) conduct program outreach to the public, to groups or to organizations that advocate for adult fall risk awareness and prevention and to health care providers; (3) arrange for and coordinate adult fall risk awareness and prevention training and workshops; (4) serve as a resource for information and written materials on adult fall risk awareness and prevention; (5) act as a liaison between the New Mexico healthy aging collaborative, the New Mexico older adult falls prevention coalition, groups or organizations that advocate for adult fall risk awareness and prevention and sources of funding for adult fall risk awareness and prevention programming and activities; (6) contract with one or more universities, colleges or other institutions of higher learning to provide educational programming in evidence-based fall risk assessment and fall prevention strategies; (7) contract with one or more area agencies on aging, community hospitals, the federal Indian health service, tribally operated 638 health programs or urban Indian health programs to provide fall risk awareness and prevention programming and literature to the public; (8) conduct trainer instructional workshops and booster training for evidence-based fall risk awareness and prevention programs; and (9) contract with one or more senior centers, community centers, parks and recreation departments or other local, county, municipal or tribal organizations providing services to senior citizens to implement evidence-based interventions for adult fall prevention. History: Laws 2014, ch. 37, § 1. ANNOTATIONSEmergency clauses. — Laws 2014, ch. 37, § 2, contained an emergency clause and was approved March 7, 2014.
NM Stat § 24-1-38 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 1 - Public Health|Section 24-1-38 - Hospitals; requirement to offer influenza and pneumococcal immunizations.

Each year between October 1 and March 1 and in accordance with the latest recommendations of the advisory committee on immunization practices of the federal centers for disease control and prevention, each hospital licensed by the department of health shall offer, prior to discharge, immunizations against the influenza virus and pneumococcal disease to all inpatients sixty-five years of age and older unless contraindicated for a patient and contingent upon the availability of the vaccine. History: Laws 2017, ch. 51, § 1. ANNOTATIONSEffective dates. — Laws 2017, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.