reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-16 - Judicial procedure to establish facts of birth.

A. If a delayed certificate of birth is rejected under the provisions of Section 24-14-15 NMSA 1978, a petition may be filed with a court for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.
B. The petition shall allege that:
(1) the person for whom a delayed certificate of birth is sought was born in this state;
(2) no record of birth of the person can be found in the bureau;
(3) diligent efforts by the petitioner have failed to obtain the evidence required in accordance with Section 24-14-15 NMSA 1978;
(4) the state registrar has refused to register a delayed certificate of birth; and
(5) any other allegations as may be required.
C. The petition shall be accompanied by a statement of the registration official made in accordance with Section 24-14-15 NMSA 1978 and all documentary evidence that was submitted to the registration official in support of the registration. The petition shall be sworn to by the petitioner.
D. The court shall fix a time and place for hearing the petition and shall give the registration official who refused to register the petitioner's delayed certificate of birth ten days' notice of the hearing. The official or the official's authorized representative may appear and testify in the proceeding.
E. If the court finds from the evidence presented that the person for whom a delayed certificate of birth is sought was born in this state, it shall make findings as to the place and date of birth, parentage and other findings as the case may require and shall issue an order to establish a record of birth. This order shall include the birth data to be registered, a description of the evidence presented in the manner prescribed by Section 24-14-15 NMSA 1978 and the date of the court's action.
F. The court shall determine the parent-child relationship of the mother and father pursuant to the New Mexico Uniform Parentage Act [40-11A-101 to 40-11A-903 NMSA 1978].
G. The clerk of the court shall forward each order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. The order shall be registered by the state registrar and shall constitute the record of birth from which copies may be issued in accordance with Sections 24-14-28 and 24-14-29 NMSA 1978.
History:
1953 Comp., § 12-4-38, enacted by Laws 1961, ch. 44, § 16; 1981, ch. 309, § 10; 2009, ch. 215, § 16.
ANNOTATIONS
The 2009 amendment,
effective January 1, 2010, added Subsection F.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-17 - New birth certificates following adoption, legitimation and paternity determination.

A. The state registrar shall establish a new certificate of birth for a person born in this state when he receives the following:
(1) a report of adoption as provided in this section, a report of adoption prepared and filed in accordance with the laws of another state or country or a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents or the adopted person; or
(2) a request that a new certificate of birth be established and evidence as required by regulation proving that the person has been legitimated or that a court has determined the paternity of the person.
B. When a new certificate of birth is established, the actual place and date of birth shall be shown. It shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity determination or legitimation shall not be subject to inspection except upon order of a court or in accordance with the provisions of Section 24-14-13 NMSA 1978 or in the case of a single adoptive parent.
C. Upon receipt of notice of annulment of adoption, the original certificate of birth shall be restored to its place in the files, and the new certificate and evidence shall not be subject to inspection except upon order of a court.
D. If no certificate of birth is on file for the person for whom a new certificate is to be established under this section, a delayed certificate of birth shall be filed with the state registrar as provided in Section 24-14-15 NMSA 1978 before a new certificate of birth is established.
E. For each adoption decreed by a court in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. The report shall include such facts as are necessary to locate and identify the certificate of birth of the person adopted, shall provide information necessary to establish a new certificate of birth of the person adopted and shall identify the order of adoption and be certified by the clerk of the court.
History:
1953 Comp., § 12-4-39, enacted by Laws 1961, ch. 44, § 17; 1973, ch. 264, § 8; 1981, ch. 309, § 11; 1993, ch. 287, § 2.
ANNOTATIONS
Cross references.
— For registration of births generally,
see
24-14-13 to 24-14-15 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, in Subsection A, deleted "foreign" after "another state or" in Paragraph (1) and inserted "of birth" in Paragraph (2), and in Subsection B, inserted "or in accordance with the provisions of Section 24-14-13 NMSA 1978" in the second sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity and application of statute authorizing change in record of birthplace of adopted child, 14 A.L.R.4th 739.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-18 - Report of induced abortions.

A. Each induced abortion which occurs in this state shall be reported to the state registrar within five days by the person in charge of the institution in which the induced abortion was performed. If the induced abortion was performed outside an institution, the attending physician shall prepare and file the report.
B. The reports required under this section are statistical reports to be used only for medical and health purposes and shall not be incorporated into the permanent official records of the system of vital statistics. The report shall not include the name or address of the patient involved in the abortion. The department shall not release the name or address of the physician involved in the abortion. A schedule for the disposition of these reports shall be provided for by regulation.
History:
1953 Comp., § 12-4-39.1, enacted by Laws 1977, ch. 206, § 2; 1981, ch. 309, § 12.
ANNOTATIONS
Compiler's notes.
— Inasmuch as both Laws 1977, ch. 206, § 2, and Laws 1977, ch. 223, § 1, enacted a new 12-4-39.1, 1953 Comp., though dealing with different matters, the provision in Chapter 223 was compiled as 12-4-39.2, 1953 Comp. instead. Chapter 223 was compiled as 24-14-19 NMSA 1978.
Law reviews.
— For comment, "Perspectives on the Abortion Decision," see 9 N.M.L. Rev. 175 (1978-79).
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-19 - Adoption of foreign-born; certificate of birth.

A. The state registrar shall establish a certificate of birth for a person of foreign birth adopted under New Mexico law when the registrar receives:
(1) a certified copy of a judgment of adoption granted by the court;
(2) an order issued by the court to establish a certificate of birth for that adopted person; and
(3) any other evidence as provided in Section 24-14-17 NMSA 1978 necessary to establish a new certificate of birth.
B. The certificate of birth established under this section shall be on a form prescribed by the state registrar and shall show the probable country of birth, pursuant to the findings of the court, and shall state that the certificate is not evidence of United States citizenship.
History:
1953 Comp., § 12-4-39.1, enacted by Laws 1977, ch. 223, § 1; 1981, ch. 309, § 13.
ANNOTATIONS
Compiler's notes.
— Although this section was enacted as 12-4-39.1, 1953 Comp., it was originally compiled as 12-4-39.2, 1953 Comp., since there already existed a 12-4-39.1, 1953 Comp.
See
compilers notes under 24-14-18 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-21 - Delayed registration of death.

A. When a death occurring in this state has not been registered, a certificate may be filed in accordance with regulations of the board of medical investigators. The certificate shall be registered subject to evidentiary requirements as prescribed by regulation to substantiate the alleged facts of death.
B. Certificates of death registered one year or more after the date of death shall be marked "delayed" and shall show on their face the date of the delayed registration.
History:
1953 Comp., § 12-4-41, enacted by Laws 1961, ch. 44, § 19; 1973, ch. 264, § 10; 1981, ch. 309, § 15.
ANNOTATIONS
Cross references.
— For medical investigations of deaths generally,
see
Chapter 24, Article 11 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-22.1 - Certificates of still birth.

A. The state registrar shall establish a certificate of still birth. A person required to report a spontaneous fetal death shall inform a woman who has delivered under circumstances in which a spontaneous fetal death has occurred, or a family member whom the woman designates, that the report of spontaneous fetal death and a certificate of still birth are available from the bureau upon request. Upon the request of a woman who delivered under circumstances in which a spontaneous fetal death occurred, or the request of a family member whom the woman designates, a certificate of still birth shall be completed and filed in accordance with Section 24-14-13 NMSA 1978.
B. Notwithstanding the provisions of Subsection A of this section, and upon the request of a woman who delivered under circumstances in which a spontaneous fetal death occurred, or the request of a family member whom the woman designates, the state registrar shall issue a certificate of still birth without regard to the date on which a report of spontaneous fetal death was filed, when the spontaneous fetal death was registered or when a report of spontaneous fetal death was issued.
C. A certificate of still birth shall include:
(1) the following sentence: "THIS CERTIFICATE OF STILL BIRTH CANNOT BE USED AS PROOF OF A LIVE BIRTH, FOR IDENTIFICATION OR FOR ANY OTHER PURPOSE."; and
(2) only those of the following that are requested by the woman who delivered under circumstances in which a spontaneous fetal death occurred:
(a) the sex of the still-born fetus;
(b) the record number of the report of spontaneous fetal death;
(c) the date and time of delivery;
(d) the county of delivery; or
(e) the full name, birth date and birthplace of the woman who delivered under circumstances in which a spontaneous fetal death occurred.
D. Upon the request of the woman who delivered under circumstances in which a spontaneous fetal death occurred, the certificate of still birth shall include a name for the fetus delivered under circumstances in which the spontaneous fetal death occurred.
E. A certificate of still birth shall not be used to calculate live birth statistics.
F. This section provides for a person's right to request a certificate of still birth and the procedures pursuant to which a person may obtain a certificate of still birth. The provisions of this section shall not be construed to create any other right, privilege or entitlement or to abrogate any existing right, privilege or entitlement.
G. For purposes of this section, "still birth" means an unintended, intrauterine spontaneous fetal death that occurs:
(1) after the fetus has attained a gestational age of at least twenty weeks; or
(2) when the fetus has attained a weight of not less than three hundred fifty grams, if gestational age is unknown.
History:
Laws 2013, ch. 183, § 4.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 183, § 5 made Laws 2013, ch. 183, § 4 effective January 1, 2014.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-23 - Permits; authorization for final disposition.

A. For deaths or spontaneous fetal deaths which have occurred in this state, no burial-transit permit shall be required for final disposition of the remains if the disposition occurs in this state and is performed by a funeral service practitioner or direct disposer.
B. A burial-transit permit shall be issued by the state registrar or a local registrar for those bodies which are to be transported out of the state for final disposition or when final disposition is being made by a person other than a funeral service practitioner or direct disposer.
C. A burial-transit permit issued under the law of another state or country which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state.
D. A permit for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus except as authorized by regulation or otherwise provided by law. The permit shall be issued by the state registrar or state medical investigator to a licensed funeral service practitioner or direct disposer.
E. A permit for cremation of a body shall be required prior to the cremation. The permit shall be issued by the state medical investigator to a licensed funeral service practitioner, direct disposer or any other person who makes the arrangements for final disposition.
History:
1953 Comp., § 12-4-43, enacted by Laws 1961, ch. 44, § 21; 1981, ch. 309, § 17; 1985, ch. 230, § 1.
ANNOTATIONS
Cross references.
— For disposition of dead bodies,
see
Chapter 24, Article 12 NMSA 1978.
For burial of indigents,
see
Chapter 24, Article 13 NMSA 1978.
State registrar shall issue permit to disinter when medical investigator so requires
pursuant to the duties and responsibilities of his office.
In re Johnson
, 1980-NMSC-069, 94 N.M. 491, 612 P.2d 1302.
Requirement of notice of intended autopsy or disinterment.
— Under some circumstances due process may require that an interested relative be given notice of an intended autopsy or disinterment of a deceased.
In re Johnson
, 1980-NMSC-069, 94 N.M. 491, 612 P.2d 1302.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
22A Am. Jur. 2d Dead Bodies §§ 5, 6, 48, 49.
Dead bodies: liability for improper manner of reinterment, 53 A.L.R.4th 394.
39A C.J.S. Health and Environment § 42.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-24 - Extension of time.

A. The department may, by regulation and upon conditions as it may prescribe to assure compliance with the purposes of the Vital Statistics Act, provide for the extension of the periods prescribed in Sections 24-14-20, 24-14-22 and 24-14-23 NMSA 1978 for the filing of death certificates, spontaneous fetal death reports, medical certifications of cause of death and for the obtaining of burial-transit permits in cases where compliance with the applicable prescribed period would result in undue hardship.
B. Regulations of the department may provide for the issuance of a burial-transit permit prior to the filing of a certificate upon conditions designed to assure compliance with the purposes of the Vital Statistics Act in cases where compliance with the requirement that the certificate be filed prior to the issuance of the permit would result in undue hardship.
History:
1953 Comp., § 12-4-44, enacted by Laws 1961, ch. 44, § 22; 1973, ch. 264, § 11; 1977, ch. 253, § 32; 1981, ch. 309, § 18.
ANNOTATIONS
Cross references.
— For death certificates,
see
24-14-20 NMSA 1978.
For spontaneous fetal death reports,
see
24-14-22 NMSA 1978.
For burial-transit permits,
see
24-14-23 NMSA 1978.
For issuance of death certificates subsequent to medical investigations,
see
24-11-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-26 - Reproduction of records.

To preserve vital records, the state registrar is authorized to prepare typewritten, photographic, electronic or other reproductions of original records and files in his office. The reproductions when certified by him shall be accepted as the original record. The documents from which permanent reproductions have been made and verified may be disposed of as provided by regulation.
History:
1953 Comp., § 12-4-46, enacted by Laws 1961, ch. 44, § 24; 1981, ch. 309, § 20.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Photostatic or other method of recording instrument, 57 A.L.R. 159.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-27 - Disclosure of records.

A. The state registrar or other custodian of vital records shall not permit inspection of or disclosure of information contained in vital records or copying or issuance of a copy of all or part of any record except as authorized by law.
B. The department shall provide access to record level data required by the New Mexico health policy commission. The New Mexico health policy commission may only release record level data obtained from vital records in the aggregate. For the purposes of this subsection, "record level data" means one or more unique and non-aggregated data elements relating to a single identifiable individual. The department may authorize the disclosure of data contained in vital records for other research purposes.
C. When one hundred years have elapsed after the date of birth or fifty years have elapsed after the date of death, the vital records of these events in the custody of the state registrar shall become open public records, and information shall be made available in accordance with regulations that provide for the continued safekeeping of the records; provided that vital records of birth shall not become open public records prior to the individual's death.
History:
1953 Comp., § 12-4-47, enacted by Laws 1961, ch. 44, § 25; 1981, ch. 309, § 21; 1994, ch. 59, § 1; 2017, ch. 87, § 29.
ANNOTATIONS
The 2017 amendment,
effective June, 16, 2017, removed the provision making it unlawful for any person to permit inspection or to disclose information contained in vital records, and prohibited the state registrar or other custodian of vital records from permitting inspection of or disclosing information contained in vital records; in Subsection A, deleted "It is unlawful for any person to" and added "The state registrar or other custodian of vital records shall not", after "inspection of or", deleted "to disclose" and added "disclosure", after "contained in vital records or", deleted "to copy" and added "copying", and after "or", deleted "issue" and added "issuance of"; and in Subsection B, after the first occurrence of "New Mexico health policy commission", deleted "and the health information system created in the Health Information System Act", and after the second occurrence of "New Mexico health policy commission", deleted "and the health information system".
The 1994 amendment,
effective March 4, 1994, in Subsection B, added the first three sentences and inserted "other" in the last sentence; and substituted "that provide" for "which shall provide" in Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
66 Am. Jur. 2d Records and Recording Laws §§ 12 to 30.
False news reports as to births, betrothals, marriages, divorces or similar marital matters as libel and slander, 9 A.L.R.3d 559.
76 C.J.S. Records § 60 et seq.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-29.1 - Day-care fund created; use; appropriation.

There is created in the state treasury a fund to be known as the "day-care fund". The fund shall be invested by the state treasurer as other state funds are invested. The fund shall consist of distributions of revenue collected since July 1, 1987 and future revenues collected pursuant to Section 24-14-29 NMSA 1978. All balances in the day-care fund are appropriated to the children, youth and families department for use in implementing the income-eligible day-care program under the Social Services Block Grant Act Title XX.
History:
Laws 1988, ch. 114, § 2; 1989, ch. 324, § 19; 1993, ch. 151, § 1.
ANNOTATIONS
Cross references.
— For the Social Services Block Grant Act (Title XX),
see
42 U.S.C. §§ 1397 et seq.
The 1993 amendment,
effective July 1, 1993, substituted "children, youth and families department" for "human services department" in the last sentence.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-30 - Duty to furnish information.

A. Any person having knowledge of the facts regarding any birth, death, spontaneous fetal death or induced abortion shall furnish this information upon demand to the state registrar.
B. Not later than the tenth day of the month following the month of occurrence, each funeral service practitioner shall send to the state registrar a list showing all dead bodies embalmed or otherwise prepared for final disposition during the preceding month. Such list shall be made on forms prescribed by the state registrar.
History:
1953 Comp., § 12-4-50, enacted by Laws 1961, ch. 44, § 28; 1981, ch. 309, § 24.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14 - Vital Statistics › Section 24-14-31 - Penalties.

A. Except for violations of Section 24-14-18 NMSA 1978, any person is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978, who willfully and knowingly:
(1) makes any false statement or supplies any false information in a report, record or certificate required to be filed;
(2) with the intent to deceive, alters, amends, counterfeits, copies or mutilates any report, record or certificate, application or supporting documentation;
(3) uses or attempts to use or furnishes to another for use for any purpose of deception any certificate, record, report or certified copy that has been altered, amended or mutilated or that contains false information in whole or in part, or that is related to the birth or death of another person, whether living or dead; or
(4) neglects or violates any of the provisions of the Vital Statistics Act [Chapter 24, Article 14 NMSA 1978] or refuses to perform any of the duties imposed upon the person by that act.
B. Any person who willfully and knowingly permits inspection of or discloses information contained in vital statistics records of adoptions or induced abortions or copies or issues a copy of all or part of any record of an adoption or induced abortion, except as authorized by law, is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978].
History:
1953 Comp., § 12-4-51, enacted by Laws 1961, ch. 44, § 29; 1977, ch. 206, § 4; 1981, ch. 309, § 25; 1993, ch. 247, § 1; 2017, ch. 87, § 30.
ANNOTATIONS
Cross references.
— For disclosure of information or records,
see
24-14-27 NMSA 1978.
The 2017 amendment,
effective June, 16, 2017, clarified certain violations of the Vital Statistics Act; in Subsection A, Paragraph A(2), after "amends", added "counterfeits, copies", after "certificate", added "application or supporting documentation", in Paragraph A(3), after "contains false information", added "in whole or in part, or that is related to the birth or death of another person, whether living or dead", and in Paragraph A(4), after "imposed upon", deleted "him" and added "the person".
The 1993 amendment,
effective July 1, 1993, in Subsection A, rewrote the introductory language, made stylistic changes in Paragraph (3), and substituted "fails to perform" for "neglects" in Paragraph (4).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
66 Am. Jur. 2d Records and Recording Laws §§ 10, 11.
76 C.J.S. Records § 57 et seq.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14A - Health Information Systems › Section 24-14A-1 - Short title.

Chapter 24, Article 14A NMSA 1978 may be cited as the "Health Information System Act".
History:
Laws 1989, ch. 29, § 1; 1994, ch. 59, § 2.
ANNOTATIONS
Cross references.
— For confidential health records,
see
24-1-20 NMSA 1978.
The 1994 amendment,
effective March 4, 1994, substituted "Chapter 24, Article 14A NMSA 1978" for "This act".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14A - Health Information Systems › Section 24-14A-3.1 - Repealed.

History:
Laws 1994, ch. 59, § 13; repealed Laws 2005, ch. 321, § 14.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 321, § 14 repealed 24-14A-3.1 NMSA 1978, as enacted by Laws 1994, ch. 59, § 13, relating to creation of advisory committee, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14A - Health Information Systems › Section 24-14A-3.2 - Repealed.

History:
Laws 1994, ch. 59, § 14; repealed Laws 2005, ch. 321, § 14.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 321, § 14 repealed 24-14A-3.2 NMSA 1978, as enacted by Laws 1994, ch. 59, § 14, relating to health information alliance, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14A - Health Information Systems › Section 24-14A-4 - Health information system; applicability.

A. All data sources shall participate in the health information system. Requests for health data under the Health Information System Act from a member of a data source category shall, where reasonable and equitable, be made to all members of that data source category.
B. Upon making any request for health data pursuant to the Health Information System Act, the department shall provide reasonable deadlines for compliance and shall give notice that noncompliance may subject the person to a civil penalty pursuant to Section 24-14A-10 NMSA 1978.
C. To the extent possible, the health information system shall be established in a manner to facilitate the exchange of information with other databases, including those maintained by the Indian health service and various agencies of the federal government.
History:
Laws 1989, ch. 29, § 4; 1994, ch. 59, § 5; 2012, ch. 15, § 3.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, transferred the duty to provide deadlines for compliance and notices of noncompliance from the New Mexico health policy commission to the department of health; and in Subsection B, after "Health Information System Act, the", deleted "commission" and added "department".
The 1994 amendment,
effective March 4, 1994, rewrote Subsection A; substituted "commission" for "department" and "Section 24-14A-10 NMSA 1978" for "Section 10 of the Health Information System Act" in Subsection B; deleted former Subsections C to E, relating to submitting reports for periods ending December 31, 1990, June 30, 1991, and March 31, 1991; and redesignated former Subsection F as present Subsection C, and inserted "health information" before "system" therein.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14A - Health Information Systems › Section 24-14A-4.1 - Annual review of data needs.

At least once each year, the department shall review its data collection requirements to determine the relevancy of the data elements on which it collects data and review its regulations and procedures for collecting, analyzing and reporting data for efficiency, effectiveness and appropriateness. The review shall consider the cost incurred by data sources to collect and submit data.
History:
Laws 1994, ch. 59, § 11; 2005, ch. 321, § 13; 2012, ch. 15, § 4.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, transferred the duty to review data collection requirements from the New Mexico health policy commission to the department of health; and after "once each year, the", deleted "commission" and added "department".
The 2005 amendment,
effective June 17, 2005, deleted the former provision that the commission review its data collection requirements with the recommendations of the advisory committee and health information alliance.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14A - Health Information Systems › Section 24-14A-4.2 - Investigatory powers.

The department has the right to verify the accuracy of data provided by any data source. The verification may include requiring the data source to submit documentation sufficient to verify the accuracy of the data in question or to provide direct inspection during normal business hours of only the records and documents that pertain directly to the data in question; provided that no data source shall be required to expend more than twenty-five thousand dollars ($25,000) each year to comply with the provisions of this section.
History:
Laws 1994, ch. 59, § 12; 2012, ch. 15, § 5.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, transferred the authority to verify data from the New Mexico health policy commission to the department of health; in the first sentence, after "The", deleted "commission" and added "department".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14A - Health Information Systems › Section 24-14A-4.3 - Agency cooperation.

All state agencies and political subdivisions shall cooperate with and assist the department in carrying out the provisions of the Health Information System Act, including sharing information and joining in any appropriate health information system.
History:
Laws 1994, ch. 59, § 15; 2012, ch. 15, § 6.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, required state agencies and political subdivisions to assist the department of health, and after "assist the", deleted "commission" and added "department".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14A - Health Information Systems › Section 24-14A-5 - Health information system; implementation; regulations.

In order to minimize the imposition of new reporting requirements on persons subject to the provisions of the Health Information System Act, the regulations to the extent reasonably possible shall provide that:
A. data shall be collected in a uniform manner;
B. when practicable, data collection shall be through the use of a standardized billing form as required by law;
C. other health data required to be submitted may include:
(1) data that would customarily be collected in the ordinary course of business for the data source;
(2) annual audited financial statements customarily prepared by a data source;
(3) information on major capital expenditures;
(4) data established by regulation to be collected to carry out the requirements of the Health Information System Act; and
(5) data required to be collected by other state or federal laws; and
D. annual surveys or collection of data may be used as an alternative to collection of health data from some health service providers to the extent it can be shown that the information collected will meet validity and quality standards.
History:
Laws 1989, ch. 29, § 5; 1994, ch. 59, § 6.
ANNOTATIONS
The 1994 amendment,
effective March 4, 1994, redesignated the subsections; deleted "health data collection" preceding "provisions" in the introductory language; deleted former Paragraph A(2) relating to obtaining data from third party payers; rewrote Subsections B and C; and deleted former Subsections B and E, relating to schedule of implementation and regulations, respectively.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14A - Health Information Systems › Section 24-14A-6.1 - Web site; public access; data.

By January 1, 2018, the department shall ensure that the public is provided with access, free of charge, to a user-friendly, searchable and easily accessible web site on which the department shall post and update on a regular basis cost, quality and such other information it publishes pursuant to the Health Information System Act. The web site shall be accessible through the sunshine portal. The department shall adopt and promulgate rules to carry out the provisions of this section.
History:
Laws 2015, ch. 121, § 5.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 121 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14A - Health Information Systems › Section 24-14A-7 - Health information system; reports.

A. A report in printed format that provides information of use to the general public shall be produced annually. The report shall be made available upon request. The department may make the report available on tape or other electronic format.
B. The department shall provide an annual report of its activities, including health care system statistics, to the legislature. The report shall be submitted by November 15 each year.
History:
Laws 1989, ch. 29, § 7; 1994, ch. 59, § 8; 2012, ch. 15, § 8.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, transferred the duty to provide reports to the general public and the legislature from the New Mexico health policy commission to the department of health; in Subsection A, in the third sentence after "The", deleted "commission" and added "department"; and in Subsection B, in the first sentence after "The", deleted "commission" and added "department".
The 1994 amendment,
effective March 4, 1994, designated the formerly undesignated provisions as Subsection A, and in that subsection, substituted "that" for "which" in the first sentence, deleted "to health care providers, purchasers, employers, consumers and other interested parties" following "available" in the second sentence, and substituted "commission" for "department" in the third sentence; and added Subsection B.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14A - Health Information Systems › Section 24-14A-9 - Health information system; fees.

Except for the annual reports required pursuant to the Health Information System Act, the department may collect a fee of up to one hundred dollars ($100) per hour to offset partially the costs of producing public-use data aggregations or data for single use special studies. Entities contributing data to the system shall be charged reduced rates. Rates shall be established by regulation and shall be reviewed annually. Fees collected pursuant to this section are appropriated to the department to carry out the provisions of the Health Information System Act.
History:
Laws 1989, ch. 29, § 9; 1994, ch. 59, § 10; 2012, ch. 15, § 10.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, authorized the department of health to collect fees; in the first sentence after "Information System Act, the", deleted "commission" and added "department"; and in the fourth sentence, after "appropriated to the", deleted "commission" and added "department".
The 1994 amendment,
effective March 4, 1994, added at the beginning of the first sentence "Except for the annual reports required pursuant to the Health Information System Act," and made a related stylistic change; substituted "commission may" for "department has authority to establish and", and "a fee of up to one hundred dollars ($100) per hour" for "fees" in the first sentence; and substituted "commission" for "department" in the last sentence.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14A - Health Information Systems › Section 24-14A-10 - Health information system; violation; civil penalty.

A. It is unlawful for any person subject to the data reporting requirements of the Health Information System Act and the regulations adopted pursuant to that act not to comply with any of those requirements.
B. A civil action may be brought in the name of the state alleging a violation of Subsection A of this section and a petition may be made to the district court for temporary or permanent injunctive relief. In any such action, if the court finds that a person has wilfully violated Subsection A of this section, upon petition to the court there may be recovered on behalf of the state a civil penalty not to exceed one thousand dollars ($1,000).
History:
Laws 1989, ch. 29, § 10.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14A - Health Information Systems › Section 24-14A-11 - Advisory committee.

The secretary of health shall appoint a health information system advisory committee to advise the department in carrying out the provisions of the Health Information System Act. The secretary shall establish the membership and duties of the committee by rule.
History:
Laws 2015, ch. 121, § 4.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 121 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14B - Electronic Medical Records › Section 24-14B-1 - Short title.

This act [24-14B-1 to 24-14B-10 NMSA 1978] may be cited as the "Electronic Medical Records Act".
History:
Laws 2009, ch. 69, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 69 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14B - Electronic Medical Records › Section 24-14B-2 - Purpose.

The purpose of the Electronic Medical Records Act is to provide for the use, disclosure and protection of electronic medical records.
History:
Laws 2009, ch. 69, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 69 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14B - Electronic Medical Records › Section 24-14B-4 - Electronic medical records; electronic signatures; legal recognition.

If a law or rule requires a medical record to be in writing, or if a law or rule requires a signature pertaining to a medical record, an electronic medical record or an electronic signature satisfies that law or rule, except for a court rule.
History:
Laws 2009, ch. 69, § 4.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 69 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14B - Electronic Medical Records › Section 24-14B-5 - Retention of electronic medical records.

A. If a law or rule requires that a medical record be retained, the requirement is satisfied by retaining an electronic record that:
(1) accurately reflects the medical record; and
(2) remains accessible and is capable of being accurately reproduced for later reference.
B. If a law or rule requires a medical record to be presented or retained in its original form or provides consequences if the medical record is not presented or retained in its original form, that law or rule is satisfied by an electronic medical record retained in accordance with Subsection A of this section.
C. A medical record retained as an electronic medical record in accordance with Subsection A of this section satisfies a law or rule requiring a person to retain a medical record for evidentiary, audit or other purposes.
History:
Laws 2009, ch. 69, § 5.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 69 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14B - Electronic Medical Records › Section 24-14B-7 - Liability.

If an individual requests to exclude all of the individual's information from the record locator service pursuant to Subsection E of Section 6 [24-14B-6 NMSA 1978] of the Electronic Medical Records Act, the record locator service, health information exchange, health care institution or provider shall not be liable for any harm to the individual caused by the exclusion of the individual's information.
History:
Laws 2009, ch. 69, § 7.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 69 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14B - Electronic Medical Records › Section 24-14B-8 - Out-of-state disclosures.

A disclosure otherwise permissible under the Electronic Medical Records Act may be made to providers, health care group purchasers, health care institutions, health information exchanges or record locator services located or operating outside of the state.
History:
Laws 2009, ch. 69, § 8.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 69 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14B - Electronic Medical Records › Section 24-14B-9 - Exclusion of certain insurers.

Nothing in the Electronic Medical Records Act shall be construed to apply to a person operating as a property and casualty insurer, workers' compensation insurer, life insurer, long-term care insurer or disability income insurer.
History:
Laws 2009, ch. 69, § 9.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 69 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14B - Electronic Medical Records › Section 24-14B-10 - State agency; electronic medical records.

If a state agency requires the use of electronic medical records for any type of health care or health coverage program, the agency shall allow a health care group purchaser, health care institution, health information exchange, provider, record locator service or any other person to use any public, proprietary or open source hardware or software; provided that the hardware or software complies with federal interoperability-certified laws or rules.
History:
Laws 2009, ch. 69, § 10.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 69 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14C - Health Care Work Force Data Collection, Analysis and Policy › Section 24-14C-1 - Short title.

Chapter 24, Article 14C NMSA 1978 may be cited as the "Health Care Work Force Data Collection, Analysis and Policy Act".
History:
Laws 2011, ch. 152, § 1; 2012, ch. 16, § 1.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, changed the statutory reference from "The act" to "Chapter 24, Article 14C NMSA 1978".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14C - Health Care Work Force Data Collection, Analysis and Policy › Section 24-14C-2 - Definitions.

As used in the Health Care Work Force Data Collection, Analysis and Policy Act:
A. "board" means any state health care work force licensing or regulatory board, including the New Mexico medical board; the New Mexico board of dental health care; the board of nursing; the board of pharmacy; any other licensing or regulatory board that the chancellor designates; any other health professional licensing board listed in Chapter 61 NMSA 1978; and the university;
B. "chancellor" means the chancellor for health sciences of the university of New Mexico;
C. "database" means the health care work force database created pursuant to the Health Care Work Force Data Collection, Analysis and Policy Act;
D. "ethnicity" means an individual's self-identification or affiliation as either "Hispanic or Latino" or "not Hispanic or Latino" according to cultural, historical, linguistic or religious ties;
E. "New Mexico center for health care workforce analysis" means a state entity that collects, analyzes and reports data regarding the state's health care work force and collaborates with the federal national center for health care workforce analysis pursuant to Section 5103 of the federal Patient Protection and Affordable Care Act;
F. "race" means an individual's self-identification or affiliation with one of the following categories used to identify individuals according to historical or phenotypical characteristics:
(1) American Indian or Alaska Native;
(2) Asian;
(3) Black or African American;
(4) Native Hawaiian or other Pacific Islander;
(5) White; or
(6) a mixture of any of the categories listed in Paragraphs (1) through (5) of this subsection; and
G. "university" means the university of New Mexico.
History:
Laws 2011, ch. 152, § 2; 2012, ch. 16, § 2; 2021, ch. 54, § 9.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, removed the board of osteopathic medical examiners from the list of boards included in the definition of "board" as used in the Health Care Work Force Data Collection, Analysis and Policy Act; and in Subsection A, after "New Mexico medical board", deleted "the board of osteopathic medical examiners".
The 2012 amendment,
effective May 16, 2012, transferred duties under the act from the health department to the University of New Mexico; in Subsection A, after "any other licensing and regulatory board that the", changed "secretary of health" to "chancellor" and after "Chapter 61 NMSA 1978; and the", changed "department" to "university"; added a new Subsection B and relettered former Subsection B as new Subsection C; deleted former Subsection C, which defined "department" as the department of health; and added Subsection G.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 14C - Health Care Work Force Data Collection, Analysis and Policy › Section 24-14C-4 - Database establishment and maintenance; delegation.

A. The chancellor may contract and collaborate with a private or public entity to establish and maintain the database, to analyze data collected, to develop reports for the legislature or the executive branch or to perform other duties to carry out the provisions of the Health Care Work Force Data Collection, Analysis and Policy Act.
B. An entity that establishes, maintains or analyzes data or develops reports by contract pursuant to Subsection A of this section shall provide to the department of health, in a manner that conforms to department of health rules, access to any health care work force data that the entity establishes, maintains, analyzes or reports.
History:
Laws 2011, ch. 152, § 4; 2012, ch. 16, § 4.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, authorized the chancellor to contract with private or public entities to establish and maintain the database; required an entity that established and maintained the database to provide the department of health access to health care work force data that the entity established and maintained; designated the first paragraph as Subsection A and changed "secretary of health" to "chancellor"; and added Subsection B.