reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-19 - Nonretaliation; nonwaiver.

A. A person or employer shall not discharge, refuse to hire or in any manner retaliate against an employee, applicant for employment or patron because that employee, applicant or patron exercises any rights afforded by the Dee Johnson Clean Indoor Air Act or reports or attempts to prosecute a violation of that act.
B. An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
History:
Laws 2007, ch. 20, § 11.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 20, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Severability.
Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 16 - Dee Johnson Clean Indoor Air › Section 24-16-20 - Explicit nonpreemption.

Nothing in the Dee Johnson Clean Indoor Air Act shall be construed to preempt or in any manner preclude specific provisions of a county or municipal smoking ordinance; provided that the smokefree provisions of such a county or municipal ordinance are inclusive of all minimum standards and provisions for smokefree areas within the Dee Johnson Clean Indoor Air Act.
History:
Laws 2007, ch. 20, § 12.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 20, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Severability.
Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17 - Continuing Care › Section 24-17-1 - Short title.

Chapter 24, Article 17 NMSA 1978 may be cited as the "Continuing Care Act".
History:
Laws 1985, ch. 102, § 1; 2010, ch. 88, § 1.
ANNOTATIONS
Cross references.
— For the Long-Term Care Ombudsman Act,
see
28-17-1 NMSA 1978.
The 2010 amendment,
effective May 19, 2010, at the beginning of the sentence, deleted "Sections 1 through 13 of this act" and added "Chapter 24, Article 17 NMSA 1978".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability of nursing home for violating statutory duty to notify third party concerning patient's medical condition, 46 A.L.R.5th 821.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17 - Continuing Care › Section 24-17-2 - Findings and purpose.

A. The legislature finds that continuing care communities are an important and growing alternative for the provision of long-term residential, social and health maintenance needs for the elderly; however, the legislature also finds that severe consequences to residents may result when a provider becomes insolvent or unable to provide responsible care.
B. The purpose of the Continuing Care Act is to provide for disclosure and the inclusion of certain information in continuing care contracts in order that residents may make informed decisions concerning continuing care; to provide protection for residents; and to ensure the solvency of communities.
History:
Laws 1985, ch. 102, § 2; 2010, ch. 88, § 2.
ANNOTATIONS
The 2010 amendment,
effective May 19, 2010, in Subsection B, after "protection of residents; and", added "to ensure the solvency of".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17 - Continuing Care › Section 24-17-6 - Requirements for financial reserves.

A. Any deposits or entrance fees paid by or for a resident shall be held in trust for the benefit of the resident in a federally insured New Mexico bank until the resident has occupied the resident's unit or the resident's contract cancellation period has ended, whichever occurs later.
B. In addition to the amounts held in trust for specific residents under Subsection A of this section, a community that provides a type A agreement shall maintain at all times liquid reserves equal to the principal and interest payments due for a twelve-month period on all accounts of any mortgage loan and other long-term debt, as well as three months' worth of net operating expenses.
C. A community that provides a type A or type B agreement shall keep the funds maintained under Subsection A of this section in federally insured bank accounts that are separate from the community's operating accounts.
D. For communities that provide type B agreements, reserves shall be calculated on a prorated basis for residents who fall under type B agreements.
History:
Laws 1985, ch. 102, § 6; 2005, ch. 215, § 4; 2010, ch. 88, § 6.
ANNOTATIONS
The 2010 amendment,
effective May 19, 2010, in Subsection A, at the end of the sentence, added "whichever occurs later"; and added Subsections B, C and D.
The 2005 amendment,
effective June 17, 2005, deleted the former requirements that payments be held in trust in a cash escrow account in a New Mexico trust company on a trust department of a federally insured New Mexico bank and that after the resident has notified the trustee that he has occupied his unit, the money, including interest, be released to the provider; and added the provision that the trust be held for the benefit of the resident until the resident's contract cancellation period has ended.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17 - Continuing Care › Section 24-17-7 - Disclosure statements filed with the aging and long-term services department for public inspection.

No later than July 1, 2022 and each year thereafter, within one hundred eighty days after the end of a community's fiscal year, a provider shall provide a copy of the disclosure statement and any amendments to that statement to the aging and long-term services department for public inspection during regular working hours.
History:
Laws 1985, ch. 102, § 7; 2021, ch. 56, § 3.
ANNOTATIONS
Cross references.
— For the aging and long-term services department,
see
28-4-4 NMSA 1978.
The 2021 amendment,
effective June 18, 2021, required the provider of continuing care to submit a copy of the disclosure statement to the aging and long-term services department no later than July 1, 2022 and each year thereafter, within 180 days after the end of the community's fiscal year; and after "filed with the", deleted "state agency on", and after "aging", added "and long-term services department"; added "No later than July 1, 2022 and each year thereafter, within one hundred eighty days after the end of a community's fiscal year", after "shall", deleted "file" and added "provide", after "statement to the", deleted "state agency on", and after "aging", added "and long-term services department".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17 - Continuing Care › Section 24-17-8 - Consumer's guide to continuing care communities.

The office of the attorney general and the aging and long-term services department may publish and distribute a consumer's guide to continuing care communities and may publish an annual directory of communities in New Mexico.
History:
Laws 1985, ch. 102, § 8; 2005, ch. 215, § 5.
ANNOTATIONS
Cross references.
— For aging and long-term services department,
see
28-4-4 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, changed the publication requirements from "shall" to "may".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17 - Continuing Care › Section 24-17-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 263, § 11 repealed 24-17-9 NMSA 1978, as enacted by Laws 1985, ch. 102, § 9, relating to civil liability, effective June 14, 1991. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17 - Continuing Care › Section 24-17-10 - Restraint of prohibited acts; remedies.

A. Whenever the attorney general has reasonable belief that any person is violating or is about to violate any provision of the Continuing Care Act, or any regulation promulgated pursuant to that act, and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state to restrain or prevent violations of that act or regulations promulgated pursuant to that act. The action may be brought in the district court of the county in which the person resides or has the person's principal place of business or in the district court for Santa Fe county. The attorney general acting on behalf of the state shall not be required to post bond when seeking a temporary or permanent injunction in such action.
B. In any action filed pursuant to this section of the Continuing Care Act, including an action with respect to unimproved real property, the attorney general may petition the district court for temporary or permanent injunctive relief, and restitution or remedies available pursuant to Section 24-17-15 NMSA 1978.
C. Any person who is the subject of an action brought under this section shall have the right to demand a jury trial.
History:
Laws 1985, ch. 102, § 10; 1991, ch. 263, § 10; 2010, ch. 88, § 7.
ANNOTATIONS
The 2010 amendment,
effective May 19, 2010, in Subsection A, in the first sentence, after "Continuing Care Act", added "or any regulation promulgated pursuant to that act" and at the end of the sentence, added "or regulations promulgated pursuant to that act"; and in Subsection B, at the end of the sentence, added "or remedies available pursuant to Section 24-17-15 NMSA 1978".
The 1991 amendment,
effective June 14, 1991, deleted "has violated" following "violating" and substituted "to restrain or prevent" for "alleging" in the first sentence in Subsection A; inserted "this section of" in Subsection B; deleted former Subsection C, which read "In any action brought under this section, if the court finds that a person is willfully violating or has willfully violated the Continuing Care Act, the attorney general, upon petition to the court, may recover on behalf of the state, a civil penalty of not exceeding five thousand dollars ($5,000) per violation"; and redesignated former Subsection D as present Subsection C.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17 - Continuing Care › Section 24-17-11 - Applicability.

A. The provisions of the Continuing Care Act apply equally to for-profit and nonprofit provider organizations and shall be construed as the minimum requirements to be imposed upon any person offering or providing continuing care.
B. The provisions of the Continuing Care Act do not apply to closed-membership organizations that operate communities solely for the benefit of their members.
History:
Laws 1985, ch. 102, § 11.
ANNOTATIONS
Saving clauses.
— Laws 1985, ch. 102, § 12 provided that nothing in the Continuing Care Act shall be construed in any way to impair contracts in effect prior to the effective date of that act, June 14, 1985.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17 - Continuing Care › Section 24-17-13 - Right to organize and participate.

A. Residents have the right to organize a resident association and to engage in concerted activities for the purpose of keeping themselves informed of the operation of the facility or for the purpose of other mutual aid or protection. A provider shall take appropriate steps to encourage and facilitate the establishment of a resident association in each facility. At a minimum, these steps shall include the posting in conspicuous places of written notices of the right of residents to organize into a resident association and to use the facility for association meetings.
B. The administration of an operating facility shall meet at least quarterly with the resident association, if one exists, or with interested residents if there is no resident association. The following procedures shall apply:
(1) the provider shall notify all residents at least seven days in advance of each meeting;
(2) the provider shall post the meeting agenda in a conspicuous place and make copies of it available; and
(3) if the resident association requests, the provider shall ensure that a member or an authorized representative of the board of directors, a general partner or a principal owner attends the meeting.
History:
Laws 1991, ch. 263, § 2.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17 - Continuing Care › Section 24-17-14 - Right to protection against retaliatory conduct.

Retaliatory conduct by a provider or any person acting on the provider's behalf against a resident for lawful efforts to secure or enforce his legal rights as a resident is a violation of the Continuing Care Act.
History:
Laws 1991, ch. 263, § 3.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17 - Continuing Care › Section 24-17-15 - Right to civil action for damages.

A. Residents, as a class or otherwise, may bring an action in a court of competent jurisdiction to recover actual and punitive damages for injury resulting from a violation of the Continuing Care Act.
B. The court may award reasonable attorneys' fees and costs to the prevailing party in an action brought under this section.
C. The right of a resident to bring an action pursuant to this section is in addition to any other rights or remedies the resident may have by statute or common law.
History:
Laws 1991, ch. 263, § 4.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17 - Continuing Care › Section 24-17-17 - Rules and regulations authorized.

The aging and long-term services department shall promulgate all rules and regulations necessary or appropriate to administer the provisions of the Continuing Care Act.
History:
Laws 1991, ch. 263, § 6; 2010, ch. 88, § 8; 2021, ch. 56, § 5.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, removed a provision related to the promulgation of certain rules and regulations; and after "Continuing Care Act", deleted "including but not limited to requirements regarding financial reserves, disclosure and actuarial studies".
The 2010 amendment,
effective May 19, 2010, at the beginning of the sentence, after "The", deleted "state agency on aging" and added "aging and long-term services department"; and after "Continuing Care Act", added the remainder of the sentence.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17 - Continuing Care › Section 24-17-18 - Report to attorney general; civil action; civil penalties.

A. A person may report an alleged violation of the Continuing Care Act or rules promulgated pursuant to that act to the attorney general or to the aging and long-term services department.
B. Any time after the aging and long-term services department issues a notice of violation, the department may send the attorney general a written report alleging a possible violation of the Continuing Care Act or any rule adopted pursuant to that act.
C. Upon receipt of a report from any source alleging a violation of the Continuing Care Act or rules promulgated pursuant to that act, the attorney general shall promptly review the allegation. Upon finding that an allegation received pursuant to this subsection is credible, the attorney general shall file an appropriate action against the alleged violator in a court of competent jurisdiction.
D. Upon finding violations of any provisions of the Continuing Care Act or any rule adopted pursuant to that act, the court may impose a civil penalty in the amount of five dollars ($5.00) per resident or up to five hundred dollars ($500), in the discretion of the court, for each day that the violation remains uncorrected after the compliance date stipulated in a notice of violation issued pursuant to the Continuing Care Act.
History:
Laws 1991, ch. 263, § 7; 2021, ch. 56, § 6.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, allowed any person to report violations of the Continuing Care Act or rules promulgated pursuant to the act, and required the attorney general to accept and review alleged violations of the Continuing Care Act reported from any source; added a new Subsection A and subsection designations "B" through "D"; in Subsection B, substituted references to the "state agency on aging" with the "aging and long-terms services department"; and in Subsection C, after "report", added "from any source alleging a violation of the Continuing Care Act or rules promulgated pursuant to that act", and after "attorney general shall promptly", deleted "conduct an investigation to determine whether grounds exist for formally finding a violation. If the attorney general makes that finding, he" and added "review the allegation. Upon finding that an allegation received pursuant to this subsection is credible, the attorney general".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17A - Long-Term Care Services › Section 24-17A-2 - Definitions.

As used in the Long-term Care Services Act:
A. "consumer" means a long-term care service recipient who has a physical or mental illness, injury or disability or who suffers from any cognitive impairment that restricts or limits the person's activities of daily living or instrumental activities of daily living and who is under the care of a provider;
B. "long-term care" means home- or community-based care provided to a consumer that is designed to maintain the consumer's independence and autonomy in the consumer's residence and includes support services such as personal, respite, attendant, residential or institutional care; case management; services such as meals, homemaker, home repair, transportation, companion, adult day health care, emergency response or day habilitation; physical, occupational or speech therapy; nursing; or help with chores;
C. "residence" means a consumer's home, an independent living center, an adult day health care facility, a community center, an assisted living facility, an adult residential care facility, a nursing home or a senior citizen center; and
D. "service delivery system" means a unified statewide, comprehensive home- and community-based service delivery system that integrates and coordinates all health, medical and social services that meet the individual needs of consumers and support them in remaining in their own homes and communities.
History:
Laws 1998, ch. 82, § 2.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17A - Long-Term Care Services › Section 24-17A-3 - Interagency committee created; coordinated service delivery system; lead agency; service delivery system.

A. The "interagency committee on long-term care" is created.
B. Members of the interagency committee on long-term care shall be the heads of the following agencies or their designated representatives:
(1) the state agency on aging [aging and long-term services department];
(2) the human services department [health care authority department];
(3) the department of health;
(4) the children, youth and families department;
(5) the labor department;
(6) the governor's committee on concerns of the handicapped;
(7) the developmental disabilities planning council; and
(8) the department of insurance.
C. The interagency committee on long-term care shall design and implement a coordinated service delivery system that fulfills the legislative mandate to develop a coordinated long-term care system.
D. The governor shall appoint a chairperson from the membership of the interagency committee on long-term care.
History:
Laws 1998, ch. 82, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 23, § 13 provided that all references to the state agency on aging be deemed references to the aging and long-term services department.
Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17A - Long-Term Care Services › Section 24-17A-4 - Service delivery system; components; principles.

The interagency committee on long-term care shall take into consideration, within available resources, the following principles in the design, development and implementation of the integrated long-term care delivery system to:
A. ensure the dignity and respect of consumers in the treatment and support provided;
B. tailor home- and community-based long-term care services and programs to provide full access and coordination to meet the individual needs of consumers;
C. develop and provide home- and community-based long-term care services and programs of the highest quality;
D. provide for consumer self-determination by providing options for individual choice and consumer input in home- and community-based long-term care;
E. implement a state policy that defines the state's obligation regarding long-term care by integrating applicable state and federal mandates related to long-term care services;
F. diversify institutional care options that explore and enhance appropriate alternatives to institutional care; and
G. integrate various funding sources to provide quality, affordable services to the consumer.
History:
Laws 1998, ch. 82, § 4.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17A - Long-Term Care Services › Section 24-17A-5 - Report.

The chairperson shall present a report to the legislature on the progress of the interagency committee on long-term care and the status of the coordinated service delivery system. The report shall include conclusions and recommendations to further the work of the interagency committee on long-term care and to complete the process of integrating the service delivery system in the state.
History:
Laws 1998, ch. 82, § 5.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17A - Long-Term Care Services › Section 24-17A-6 - Senior center food gardens authorized.

A. The aging and long-term services department shall permit any senior center to coordinate the planting, cultivation, growing, tending and harvesting by senior center staff and senior participants of edible fruits and vegetables on the senior center's premises for inclusion in food service or distribution to senior participants.
B. For the purposes of this section:
(1) "senior center" means a community-based center:
(a) that serves as a resource for information on aging, support for family caregivers and training; and
(b) where senior participants receive services and participate in programs; and
(2) "senior participant" means an individual who is at least fifty years of age or older or who is otherwise eligible to receive services or to participate in programs administered by the aging and long-term services department or its designees.
History:
Laws 2019, ch. 152, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2019, ch. 152, § 1 was not enacted as part of the Long-term Care Services Act, but was compiled there for the convenience of the user.
Effective dates.
— Laws 2019, ch. 152 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17B - Long-Term Care › Section 24-17B-1 - Short title.

This act [24-17B-1 to 24-17B-5 NMSA 1978] may be cited as the "Long-Term Care Facility Dementia Training Act".
History:
Laws 2021, ch. 111, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 111 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17B - Long-Term Care › Section 24-17B-2 - Definitions.

As used in the Long-Term Care Facility Dementia Training Act:
A. "department" means the department of health;
B. "direct care service" means services provided to long-term care facility residents that maintain or improve the health and quality of life of the residents;
C. "direct care service staff member" means a person employed by or contracted with a long-term care facility to provide in-person direct care services to long-term care facility residents. "Direct care service staff member" does not include a registered nurse licensed pursuant to the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978] or a physician licensed pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978] who has received specialized training or education in geriatric care; and
D. "long-term care facility" means a long-term care facility licensed by the state that is not otherwise required to provide at least four hours of dementia care training under state or federal law. "Long-term care facility" does not include a facility licensed pursuant to the Public Health Act [Chapter 24, Article 1 NMSA 1978] as an intermediate care facility for individuals with intellectual disabilities.
History:
Laws 2021, ch. 111, § 2; 2023, ch. 163, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised the definitions of "direct care service staff member," and "long-term care facility"; in Subsection C, after "with a long-term care facility", deleted "either directly or through a third-party agreement", and added "'Direct care service staff member' does not include a registered nurse licensed pursuant to the Nursing Practice Act or a physician licensed pursuant to the Medical Practice Act who has received specialized training or education in geriatric care", and deleted Paragraph C(2); and in Subsection D, added "that is not otherwise required to provide at least four hours of dementia care training under state or federal law. 'Long-term care facility' does not include a facility licensed pursuant to the Public Health Act as an intermediate care facility for individuals with intellectual disabilities.".
Temporary provisions.
— Laws 2023, ch. 163, § 5 provided that the aging and long-term services department shall give notice of the new requirements of the Long-Term Care Facility Dementia Training Act to long-term care facilities within ninety days of June 16, 2023.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17B - Long-Term Care › Section 24-17B-4 - Department oversight and rulemaking.

In consultation with the aging and long-term services department, the department shall:
A. identify, publish a list of and periodically review online or in-person standardized training programs that meet the requirements of the Long-Term Care Facility Dementia Training Act;
B. develop and periodically review required evaluation instruments that demonstrate competency and knowledge gained in training topics;
C. promulgate rules:
(1) for evaluation on the training topics for treatment and care of persons with Alzheimer's disease or dementia;
(2) requiring an hour of dementia care training to be included as part of an annual continuing education training requirement for direct care service staff members at long-term care facilities, unless additional time is necessitated to address changing standards of care; and
(3) as necessary to carry out the Long-Term Care Facility Dementia Training Act;
D. issue interpretative guidance as necessary to ensure compliance with the Long-Term Care Facility Dementia Training Act;
E. review all long-term care facility dementia training programs related to the Long-Term Care Facility Dementia Training Act; and
F. give notice of the requirements of the Long-Term Care Facility Dementia Training Act to long-term care facilities within ninety days of June 18, 2021.
History:
Laws 2021, ch. 111, § 4; 2023, ch. 163, § 3.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, required the department of health to promulgate rules requiring dementia care training to be included as part of an annual continuing education training requirement for direct care service staff members at long-term care facilities, and revised the department's duties related to long-term care facility dementia training; in Subsection A, after "identify", deleted "approve"; in Subsection B, after "develop", deleted "or approve"; in Subsection C, added a new Paragraph C(2) and redesignated former Paragraph C(2) as Paragraph C(3); in Subsection E, deleted "oversee and approve" and added "review"; deleted former Subsection F; and redesignated former Subsection G as new Subsection F.
Temporary provisions.
— Laws 2023, ch. 163, § 5 provided that the aging and long-term services department shall give notice of the new requirements of the Long-Term Care Facility Dementia Training Act to long-term care facilities within ninety days of June 16, 2023.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 17B - Long-Term Care › Section 24-17B-5 - Dementia training certificates.

The provider of training conducted pursuant to the Long-Term Care Facility Dementia Training Act shall issue a certificate to staff upon completion of initial training. The certificate shall be valid so long as the certificate holder meets the requirements set forth by the department pursuant to the Long-Term Care Facility Dementia Training Act and the certificate holder has not had a lapse of dementia-related direct care service employment for twenty-four consecutive months or more. The certificate shall be valid among long-term care facilities. Each long-term care facility and long-term care facility contractor that is subject to the Long-Term Care Facility Dementia Training Act shall be responsible for maintaining documentation regarding completed dementia training and evaluation for each direct care service staff member.
History:
Laws 2021, ch. 111, § 5; 2023, ch. 163, § 4.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, after "certificate holder meets the", deleted "continuing education", and after "dementia training and evaluation", deleted "and continuing education".
Temporary provisions.
— Laws 2023, ch. 163, § 5 provided that the aging and long-term services department shall give notice of the new requirements of the Long-Term Care Facility Dementia Training Act to long-term care facilities within ninety days of June 16, 2023.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 18 - Children's and Juvenile Facility Criminal Records Screening (Recompiled.) › Section 24-18-1 to 24-18-4 - Recompiled.

ANNOTATIONS
Recompilations.
— Former 24-18-1 to 24-18-4 NMSA 1978, as enacted by Laws 1985, Chapter 140, were recompiled as 32-9-1 to 32-9-4 NMSA 1978.
Laws 1993, ch. 77 recompiled former 32-9-1 through 32-9-4 NMSA 1978 as 32A-15-1 through 32A-15-4 NMSA 1978, effective July 1, 1993.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 19 - Children's Trust Fund › Section 24-19-1 - Short title.

Chapter 24, Article 19 NMSA 1978 may be cited as the "Children's Trust Fund Act".
History:
Laws 1986, ch. 15, § 1; 2005, ch. 65, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed the statutory reference for the act.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 19 - Children's Trust Fund › Section 24-19-2 - Purpose.

It is the purpose of the Children's Trust Fund Act to:
A. be a statewide resource that advocates for and educates about the prevention of child abuse and neglect;
B. provide the means to develop innovative children's projects and programs that address one or more of the following:
(1) preventing abuse and neglect of children;
(2) providing medical, psychological and other appropriate treatment for children who are victims of abuse or neglect; and
(3) developing community-based services aimed at the prevention and treatment of child abuse and neglect; and
C. manage the next generation fund projects and programs.
History:
Laws 1986, ch. 15, § 2; 2005, ch. 65, § 2; 2013, ch. 25, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, expanded the function of the Children's Trust Fund Act to make the fund a statewide resource for the prevention of child abuse and neglect; added Subsection A and renumbered subsequent subsections; in Subsection B, after "children's projects", added "and programs"; and in Subsection C, after "next generation fund projects", added "and programs".
The 2005 amendment,
effective June 17, 2005, added the purpose of managing next generation fund projects.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 19 - Children's Trust Fund › Section 24-19-3 - Definitions.

As used in the Children's Trust Fund Act:
A. "board" means the children's trust fund board of trustees;
B. "children's projects and programs" means projects and programs that provide services to children, including services to their families, consistent with the purposes of the Children's Trust Fund Act;
C. "council" means the next generation council;
D. "department" means the children, youth and families department;
E. "next generation fund projects and programs" means projects and programs funded from the next generation fund that meet the requirements for funding provided in Section 24-19-10 NMSA 1978; and
F. "secretary" means the secretary of children, youth and families.
History:
Laws 1986, ch. 15, § 3; 1992, ch. 57, § 19; 2005, ch. 65, § 3; 2013, ch. 25, § 2.
ANNOTATIONS
Cross references.
— For children, youth and families department,
see
9-2A-1 NMSA 1978 et seq.
The 2013 amendment,
effective June 14, 2013, expanded the function of the Children's Trust Fund Act to include children's programs; in Subsection B, after "children's projects", added "and programs" and after "services to children", deleted "on a one-time, short-term demonstration basis"; and in Subsection E, after "next generation fund projects", added "and programs", after "means projects", added "and programs", and after "Section", deleted "5 of this 2005 act" and added "24-19-10 NMSA 1978".
The 2005 amendment,
effective June 17, 2005, added definitions for "council" and "next generation fund projects".
The 1992 amendment,
effective July 1, 1992, substituted "that" for "which" in Subsection B; and substituted "children, youth and families" for "human services" in Subsections C and D.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 19 - Children's Trust Fund › Section 24-19-5 - Children's trust fund board of trustees created; members.

A. There is created the "children's trust fund board of trustees" consisting of thirteen nonpartisan members, not employees of the state, knowledgeable in the area of children's programs and representative of multiple, diverse perspectives within the state, who shall be appointed by the governor with the advice and consent of the senate. Of these members, at least two shall be individuals of recognized standing in the field of children's services. On the initial board, two members shall be appointed for terms ending on July 1, 1988; two members shall be appointed for terms ending on July 1, 1989; and three members shall be appointed for terms ending on July 1, 1990. Thereafter, appointments shall be made for terms of four years. Vacancies of appointed members shall be filled by appointment by the governor for the unexpired term.
B. The board shall select a person from its membership to serve as chair.
History:
Laws 1986, ch. 15, § 5; 1987, ch. 135, § 1; 2013, ch. 25, § 4.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, increased the number of trustees of the children's trust fund board; in Subsection A, in the first sentence, after "consisting of", deleted "nine" and added "thirteen nonpartisan", and after "children's programs", added "and representative of multiple, diverse perspectives within the state", and in the fifth sentence, after "shall be filled", added "by appointment".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 19 - Children's Trust Fund › Section 24-19-6 - Per diem and mileage; board.

Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
Laws 1986, ch. 15, § 6.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 19 - Children's Trust Fund › Section 24-19-7 - Duties of the board.

At least four times a year, the board shall meet upon the call of its chair to take all action necessary or proper for the administration of the Children's Trust Fund Act. The board shall also approve or disapprove proposals submitted and shall base its decision on the proposals' merit and feasibility, the best interest of the beneficiaries of the children's project or program proposals and the capacity of the children's projects' or programs' success or failure for evaluation.
History:
Laws 1986, ch. 15, § 7; 2005, ch. 65, § 6; 2013, ch. 25, § 5.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, broadened the duties of the board of trustees to include the review of program proposals; in the first sentence, after "call of its chair to", deleted "review proposals submitted to the department by public or private entities and", and in the second sentence, after "children's project", deleted "proposal" and added "or program proposals", and after "capacity of the children's", deleted "project's" and added "projects' or programs'".
The 2005 amendment,
effective June 17, 2005, changed the reference to "projects" to "children's projects".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 19 - Children's Trust Fund › Section 24-19-9 - Acceptance of federal funds and private donations.

To carry out the provisions of the Children's Trust Fund Act, the department and the children's trust fund may accept any federal matching funds or grants for children's projects and programs or next generation fund projects and programs. The department may accept donations and bequests from private sources for deposit in the children's trust fund or the next generation fund, as applicable. The board shall distribute these funds as specified by the granting entity or donor.
History:
Laws 1986, ch. 15, § 9; 2005, ch. 65, § 9; 2013, ch. 25, § 7.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, authorized the children's trust fund to accept federal matching funds and grants; authorized the use of funds for children's projects; in the first sentence, after "the department", added "and the children's trust fund", after "children's projects", added "and programs", and after "next generation fund projects", added "and programs"; and added the last sentence.
The 2005 amendment,
effective June 17, 2005, permitted the children, youth and families department to accept federal matching funds or grants for next generation fund projects and to accept donations and bequests for deposit into the next generation fund.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 19 - Children's Trust Fund › Section 24-19-10 - Next generation fund; created; expenditure limitations.

A. The "next generation fund" is created in the state treasury. The next generation fund may be used for any purpose enumerated in Section 24-19-2 NMSA 1978. All income received from investment of the fund shall be credited to the fund. No money appropriated to the fund or otherwise accruing to it shall be disbursed in any manner except as provided in the Children's Trust Fund Act.
B. The fund shall be used to fund next generation fund projects and programs that are approved by the board. Next generation fund projects and programs shall:
(1) provide positive child and youth development activities that support physical, mental and social well-being;
(2) promote strong, healthy families and help to prevent child abuse and neglect;
(3) promote community service, leadership and citizenship; and
(4) provide community coordination of child and youth development programming across the age zero to twenty-four developmental continuum.
C. The next generation fund shall be administered by the department, and the income from investment of the fund is appropriated to the department to carry out the purposes of the fund. None of the income shall be used for capital expenditures. Grants, distributions and transfers of money from the fund shall be made only from the income received from investment of the fund.
D. Up to ten percent of the income received from investment of the fund may be expended for costs of administering the fund and next generation projects and programs. Administrative costs include per diem and mileage, staff salaries and expenses related to administration of the fund.
E. Disbursements from the fund shall be made by warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of children, youth and families or the secretary's designated representative.
History:
Laws 2005, ch. 65, § 5; 2013, ch. 25, § 8.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, authorized the use of the next generation fund for next generation programs; in Subsection B, in the first sentence, after "next generation fund projects", added "and programs" and in the second sentence, after "Next generation fund projects", added "and programs"; and in Subsection D, in the first sentence, after "next generation projects", added "and programs".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 19 - Children's Trust Fund › Section 24-19-11 - Next generation council; created; membership; purpose.

A. The "next generation council" is created. The board shall appoint ten members, at least two from each federal congressional district, who are not employees of the state and who are knowledgeable in the area of positive child and youth development programs. Members serve at the pleasure of the board. Members shall select a member to serve as chair of the council. Members are entitled to per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
B. The council shall evaluate proposed next generation fund projects and programs and make funding recommendations to the board. The board shall approve or disapprove next generation fund projects and programs for funding and transmit those proposals to the department.
History:
Laws 2005, ch. 65, § 7; 2013, ch. 25, § 9.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, required the next generation council to evaluate next generation fund programs; in Subsection A, in the second sentence, after "at least two from each", added "federal"; and in Subsection B, in the first sentence, after "next generation fund projects", added "and programs", and in the second sentence, after "next generation fund projects", added "and programs".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 20 - Health Research › Section 24-20-1 - Medical trust fund for cancer and other medical research; appropriation.

A. There is created at the university of New Mexico school of medicine a medical trust fund to be administered by the school of medicine. The fund shall consist of balances transferred to the fund from the dedicated health research fund and any other distributions, transfers and deposits that may be made to the fund. Earnings from investment of the medical trust fund are appropriated to the university of New Mexico school of medicine for cancer and other medical research.
B. The university of New Mexico school of medicine shall report annually to the commission on higher education, the department of health and the legislative finance committee regarding the use of the earnings on the medical trust fund.
History:
1978 Comp., § 24-20-1, enacted by Laws 1993, ch. 358, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 358, § 3 repealed 24-20-1 NMSA 1978, as enacted by Laws 1986, ch. 13, § 5, creating a dedicated health research fund, and enacted a new section, effective July 1, 1993.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 20 - Health Research › Section 24-20-2 - Repealed.

History:
Laws 1990, ch. 103, § 1; 1993, ch. 215, § 1; repealed by Laws 1995, ch. 189, § 2.
ANNOTATIONS
Repeals.
— Laws 1995, ch. 189, § 2 repealed 24-20-2 NMSA 1978, as enacted by Laws 1990, ch. 103, § 1, relating to a head injury task force, effective July 1, 1995. For provisions of former section,
see
the 1994 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 20 - Health Research › Section 24-20-4 - Amyotrophic lateral sclerosis research fund.

The "amyotrophic lateral sclerosis research fund" is created in the state treasury. The fund shall consist of distributions made to the fund pursuant to the Tax Administration Act [Chapter 7, Article 1 NMSA 1978]. Money in the fund is appropriated to the board of regents of the university of New Mexico for amyotrophic lateral sclerosis research. Disbursements from the fund shall be by warrant of the secretary of finance and administration upon vouchers signed by the president of the university of New Mexico. Money in the fund shall revert to the general fund at the end of a fiscal year.
History:
Laws 2005, ch. 56, § 3.
ANNOTATIONS
Applicability.
— Section 24-20-4 NMSA 1978 applies to taxable years beginning on or after January 1, 2005.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 21 - Genetic Information Privacy › Section 24-21-1 - Short title.

Chapter 24, Article 21 NMSA 1978 may be cited as the "Genetic Information Privacy Act".
History:
Laws 1998, ch. 77, § 1; 2015, ch. 156, § 1.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, changed that statutory reference of the Genetic Information Privacy Act from "This act" to "Chapter 24, Article 21 NMSA 1978".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 21 - Genetic Information Privacy › Section 24-21-4 - Genetic discrimination prohibited.

A. Discrimination by an insurer against an individual or member of the individual's family on the basis of genetic analysis, genetic information or genetic propensity is prohibited.
B. The provisions of this section do not require a health insurer to provide particular benefits other than those provided under the terms of the plan or coverage. A health insurer shall not consider a genetic propensity, susceptibility or carrier status as a pre-existing condition for the purpose of limiting or excluding benefits, establishing rates or providing coverage.
C. The provisions of this section do not prohibit use of genetic analysis, genetic propensity or genetic information by an insurer in the ordinary conduct of business in connection with life, disability income or long-term care insurance if use of genetic analysis, genetic propensity or genetic information in underwriting is based on sound actuarial principles or related to actual or reasonably anticipated experience.
D. It is unlawful for a person to use genetic information in employment, recruiting, housing or lending decisions or in extending public accommodations and services.
History:
Laws 1998, ch. 77, § 4; 2005, ch. 204, § 2; 2015, ch. 156, § 4.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, made technical amendments to the section; in Subsection A, after "insurer against", deleted "a person" and added "an individual", and after "member of the", deleted "person's" and added "individual's".