reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-19 - Emergency inspectorial searches.

A. Whenever it reasonably appears to an inspection officer that there may be a condition, arising under the laws he is authorized to enforce and imminently dangerous to health and safety, the detection or correction of which requires immediate access, without prior notice, to premises for purposes of inspectorial search, and if consent to such search is refused or cannot be promptly obtained, the inspection officer may make an emergency inspectorial search of the premises without an inspection order.
B. Upon completion of the emergency inspectorial search, the inspection officer shall make prompt report of the circumstances to the judicial or administrative authority to whom application for an inspection order would otherwise have been made.
History:
1953 Comp., § 12-34-19, enacted by Laws 1973, ch. 359, § 19.
ANNOTATIONS
Cross references.
— For constitutional provision relating to searches and seizures,
see
N.M. Const., art. II, § 10.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Propriety of state or local government health officer's warrantless search - post-Camara cases, 53 A.L.R.4th 1168.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-21 - Penalties.

Any person violating any of the provisions of the Public Health Act or any order, rule or regulation adopted pursuant to the provisions of the Public Health Act is guilty of a petty misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100) or imprisonment in the county jail for a definite term not to exceed six months or both such fine and imprisonment in the discretion of the court. Each day of a continuing violation of Subsection A of Section 24-1-5 NMSA 1978 after conviction shall be considered a separate offense. The department also may enforce its rules and orders by any appropriate civil action. The attorney general shall represent the department.
History:
1953 Comp., § 12-34-22, enacted by Laws 1973, ch. 359, § 22; 1975, ch. 183, § 4; 1983, ch. 185, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Health § 84 et seq.
39A C.J.S. Health and Environment §§ 48-52.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-23 - Disclosure by medicare health care providers; limitation on charges to recipient of services.

A. As used in this section:
(1) "health care provider" means any person who provides health care services the charges for which either he or the recipient of the services is eligible for payment or reimbursement of under provisions of the federal medicare program; and
(2) "recipient" means a person who is eligible under the federal medicare program provisions for reimbursement to him or payment on his behalf for charges for health care services.
B. A health care provider shall disclose to a recipient before providing services the provider's policy regarding whether or not the provider accepts assignment of medicare benefits.
History:
Laws 1987, ch. 157, § 1.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-24 - Repealed.

History:
Laws 1997, ch. 242, § 7 and Laws 1997, ch. 247, § 4; repealed by Laws 2013, ch. 44, § 3.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 44, § 3 repealed 24-1-24 NMSA 1978, as enacted by Laws 1997, ch. 242, § 7, relating to the brain injury services fund, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-25 - Holly Gonzales experimental treatment fund created.

A. The "Holly Gonzales experimental treatment fund" is created in the state treasury.
B. The Holly Gonzales experimental treatment fund shall be administered by the secretary of health. The money in the fund shall be used solely for the purpose of paying for the costs of federal drug administration approved experimental treatments or procedures for children with catastrophic, debilitating or terminal illnesses. An attending physician of a patient seeking coverage of a treatment or procedure from the fund shall certify to the secretary of health that conventional treatments or procedures cannot control or cure the illness, the expected outcome for the patient is death and the experimental treatment or procedure has a reasonable chance of either curing or controlling the illness for an extended period of time. The patient shall provide documentation from his medical insurer that the experimental treatment is not included in the policy covering the patient.
C. The patient shall submit receipts to the secretary of health for payment from the Holly Gonzales experimental treatment fund for the direct expenses of the experimental treatment or procedure and for associated expenses necessarily incurred in obtaining the treatment or procedure.
D. Disbursements from the Holly Gonzales experimental treatment fund shall be by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of health.
History:
Laws 2001, ch. 333, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2001, ch. 333, § 3 contained an emergency clause and was approved April 5, 2001.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-26 - Repealed.

History:
Laws 2003, ch. 59, § 1; repealed by Laws 2004, ch. 46, § 18.
ANNOTATIONS
Repeals.
— Laws 2004, ch. 46, § 18 repealed 24-1-26 NMSA 1978, as enacted by Laws 2003, ch. 59, § 1, relating to the interagency behavioral health coordinating committee, effective May 19, 2004. For provisions of former section,
see
the 2003 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-27 - Purpose.

The purpose of creating a single interagency behavioral health purchasing collaborative is to develop a statewide system of behavioral health care that promotes the behavioral health and well-being of children, individuals and families; encourages a seamless system of care that is accessible and continuously available; and emphasizes prevention and early intervention, resiliency, recovery and rehabilitation.
History:
Laws 2004, ch. 46, § 1.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-30 - Hand washing facilities; requirement.

Portable hand washing facilities shall be provided with at least one hand wash facility to every one-to-ten portable toilets in public locations where portable toilets are required by law or ordinance. The facilities shall be in close proximity to the toilets.
History:
Laws 2005, ch. 190, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 190 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-31 - Save our children's sight fund created.

The "save our children's sight fund" is created in the state treasury. Money in the fund shall consist of appropriations, contributions, grants and statutory revenues directed to the fund. Money in the fund is appropriated to the department of health, which shall administer the fund for the purpose of development and implementation of a vision screening program making vision screenings and follow-up comprehensive examinations available to New Mexico children regardless of family income. Expenditures from the fund shall be by warrants of the secretary of finance and administration drawn pursuant to vouchers signed by the secretary of health or the secretary's authorized representative. Money in the fund shall not revert at the end of a fiscal year.
History:
Laws 2007, ch. 353, § 1 and Laws 2007, ch. 357, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2007, ch. 353, § 1 and Laws 2007, ch. 357, § 1, effective January 1, 2008, enacted identical new sections. The section was set out as enacted by Laws 2007, ch. 357, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-32 - Notice of the need for further vision evaluation and availability of funds.

The department of health shall promulgate rules for award of money from the save our children's sight fund. When the vision screen of a student indicates the need for further evaluation, the student's school shall notify the student's parent of that need and provide information on the availability of funds from the save our children's sight fund. The notice shall state that the parent, if the student is not already covered by health insurance for a comprehensive eye examination, may apply to the fund for the following expenses as a result of the screening:
A. a comprehensive eye examination by an optometrist or ophthalmologist whose services are used to follow up the school vision screen;
B. the cost of contact lenses or polycarbonate lenses and frames for eyeglasses; and
C. replacement insurance for lost or broken lenses.
History:
Laws 2007, ch. 353, § 3 and Laws 2007, ch. 357, § 3.
ANNOTATIONS
Compiler's notes.
Laws 2007, ch. 353, § 3 and Laws 2007, ch. 357, § 3, enacted identical new sections, both effective January 1, 2008.
Temporary provisions.
— Laws 2007, ch. 353, § 5 and Laws 2007, ch. 357, § 5, provided that the secretary of health shall appoint an advisory committee to establish the standard for an appropriate vision screening. The committee shall consist of a practicing nurse, a representative of a statewide organization for the prevention of blindness, a licensed New Mexico optometrist, a licensed New Mexico ophthalmologist and a licensed New Mexico pediatrician. The department of health shall promulgate rules to establish vision screening test standards.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-33 - Communication regarding reconstructive breast surgery.

A. A health care provider that provides mastectomy or lumpectomy or lymph node dissection surgery of the breast shall provide information to the patient about the option of reconstructive surgery. The information shall be provided to the patient in writing and in advance of obtaining consent for the mastectomy or lumpectomy or lymph node dissection surgery of the breast. The information shall include at least a description of:
(1) reconstructive surgery options and the advantages and disadvantages of each option;
(2) the availability of health insurance or health care coverage for costs related to reconstructive surgery pursuant to the New Mexico Insurance Code [Chapter 59A NMSA 1978, except for Articles 30A and 42A] and the federal Women's Health and Cancer Rights Act of 1998; and
(3) patient access to reconstructive surgery services, including referring the patient to a health care provider that provides reconstructive surgery if the health care provider that performs the mastectomy or lumpectomy or lymph node dissection surgery of the breast does not offer reconstructive surgery services.
B. The department of health shall notify health care providers of the provisions of Subsection A of this section.
History:
Laws 2011, ch. 145, § 1.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 145 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-34 - Primary stroke centers; comprehensive stroke centers; acute stroke capable centers; department certification; rulemaking.

A. In accordance with department rules, the department shall certify any acute care hospital as a primary stroke center, comprehensive stroke center or acute stroke capable center if that hospital has been accredited by the joint commission or any other nationally recognized accrediting body as a primary stroke center, comprehensive stroke center or acute stroke capable center. The department shall post information regarding certification on the department's web site. If a hospital loses accreditation as a primary stroke center, comprehensive stroke center or acute stroke capable center, the secretary shall also remove that hospital's certification.
B. In accordance with department rules, the emergency medical systems bureau of the department shall work in coordination with all local and regional emergency medical services authorities statewide on the development of pre-hospitalization protocols related to the assessment, treatment and transport of stroke patients by licensed emergency medical services providers. These protocols shall include, at a minimum, plans for the triage and transport of stroke patients to the closest comprehensive or primary stroke center or, when appropriate, to an acute stroke capable center.
C. The secretary may adopt rules to assist and encourage primary stroke centers to enter into coordinated stroke care agreements with other health care facilities throughout the state to provide appropriate access to care for acute stroke patients.
History:
Laws 2012, ch. 4, § 1; 2015, ch. 90, § 1.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, expanded sources of accreditation for stroke centers and required the emergency medical systems bureau, in coordination with regional emergency medical services authorities statewide, to develop pre-hospitalization protocols related to the treatment of stroke patients; in Subsection A, after "hospital has been accredited", added "by the joint commission or any other nationally recognized accrediting body", after "capable center", deleted "by the joint commission", and after "loses", deleted "joint commission certification" and added "accreditation"; and added Subsection B and redesignated the succeeding subsection accordingly.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-35 - Assisted living facilities contracts; limit on charges after resident death.

A. The contract for each resident of an assisted living facility shall include a refund policy to be implemented at the time of a resident's death. The refund policy shall provide that the resident's estate or responsible party is entitled to a prorated refund based on the calculated daily rate for any unused portion of payment beyond the termination date after all charges have been paid to the licensee. For the purpose of this section, the termination date shall be the date the unit is vacated by the resident due to the resident's death and cleared of all personal belongings.
B. If a resident's belongings are not removed within one week of the resident's death and the amount of belongings does not preclude renting the unit, the facility may clear the unit and charge the resident's estate for moving and storing the items at a rate equal to the actual cost to the facility, not to exceed ten percent of the regular rate for the unit; provided that the responsible party for the resident is given notice at least one week before the resident's belongings are removed. If the resident's belongings are not claimed within forty-five days after notification, the facility may dispose of them.
C. For the purposes of this section, "assisted living facility" means a facility required to be licensed as an assisted living facility for adults by the department of health.
History:
Laws 2013, ch. 114, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2013, ch. 114 contained an emergency clause and was approved April 2, 2013.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-36 - Statewide community-based adult fall risk awareness and prevention program.

A. By January 1, 2015, the department of health shall establish a statewide community-based adult fall risk awareness and prevention program.
B. In implementing the statewide community-based adult fall risk awareness and prevention program, the department of health shall:
(1) contract for the development of a culturally competent and literacy level-appropriate statewide community-based adult fall risk awareness and prevention media campaign, to include a web page, a referral clearinghouse and statewide media placement of print, radio and television messages;
(2) conduct program outreach to the public, to groups or to organizations that advocate for adult fall risk awareness and prevention and to health care providers;
(3) arrange for and coordinate adult fall risk awareness and prevention training and workshops;
(4) serve as a resource for information and written materials on adult fall risk awareness and prevention;
(5) act as a liaison between the New Mexico healthy aging collaborative, the New Mexico older adult falls prevention coalition, groups or organizations that advocate for adult fall risk awareness and prevention and sources of funding for adult fall risk awareness and prevention programming and activities;
(6) contract with one or more universities, colleges or other institutions of higher learning to provide educational programming in evidence-based fall risk assessment and fall prevention strategies;
(7) contract with one or more area agencies on aging, community hospitals, the federal Indian health service, tribally operated 638 health programs or urban Indian health programs to provide fall risk awareness and prevention programming and literature to the public;
(8) conduct trainer instructional workshops and booster training for evidence-based fall risk awareness and prevention programs; and
(9) contract with one or more senior centers, community centers, parks and recreation departments or other local, county, municipal or tribal organizations providing services to senior citizens to implement evidence-based interventions for adult fall prevention.
History:
Laws 2014, ch. 37, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2014, ch. 37, § 2, contained an emergency clause and was approved March 7, 2014.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-38 - Hospitals; requirement to offer influenza and pneumococcal immunizations.

Each year between October 1 and March 1 and in accordance with the latest recommendations of the advisory committee on immunization practices of the federal centers for disease control and prevention, each hospital licensed by the department of health shall offer, prior to discharge, immunizations against the influenza virus and pneumococcal disease to all inpatients sixty-five years of age and older unless contraindicated for a patient and contingent upon the availability of the vaccine.
History:
Laws 2017, ch. 51, § 1.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-39 - Mammograms; health facilities; breast density disclosure.

A. A health facility that performs a mammogram examination shall include in the summary of the mammography report that is required pursuant to federal law to be provided to a patient information that identifies the patient's individual breast density classification based on the breast imaging reporting and data system established by the American college of radiology. If the health facility determines that a patient has heterogeneously dense or extremely dense breast tissue, the summary of the mammography report shall include the following notice:
"Your mammogram indicates that you have dense breast tissue. Dense breast tissue is common and is not abnormal. However, dense breast tissue may make it harder to evaluate the results of your mammogram. It may also be associated with an increased risk of breast cancer. This information is being provided to raise your awareness and to inform your conversation with your health care provider. Together, you can decide if additional screening options may be right for you. A report of your results was sent to your health care provider.".
B. A health facility may direct a patient who receives a diagnostic or screening mammogram to information about breast density, which may include:
(1) the American college of radiology's most current brochure on the subject of breast density available on the American college of radiology's website;
(2) materials related to cancer or mammography produced by an educational institution; or
(3) materials related to cancer or mammography produced by an advocacy organization.
C. Nothing in this section shall be deemed to create a duty of care or other legal obligation beyond the duty to provide notice as set forth in Subsection A of this section. Nothing in this section shall be deemed to require a notice that is inconsistent with the provisions of the federal Mammography Quality Standards Act of 1992 or any regulations promulgated pursuant to that act.
History:
Laws 2019, ch. 4, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 4 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 1 - Public Health › Section 24-1-41 - Health facilities; certified nurse practitioners; certified nurse-midwives; privileges; parity with physicians.

A. Unless required by federal law, a health facility shall establish the same criteria for granting patient admitting or discharge privileges or in authorizing continuing patient care for certified nurse practitioners, certified nurse-midwives and clinical nurse specialists as the health facility has established for physicians.
B. A health facility shall ensure that certified nurse practitioners, certified nurse-midwives and clinical nurse specialists acting in accordance with these professionals' respective scopes of practice under New Mexico law are:
(1) eligible to serve on the health facility's medical staff;
(2) credentialed under the same procedures as the health facility has established for physicians; and
(3) authorized to conduct peer review of their professional colleagues.
C. As used in this section:
(1) "certified nurse-midwife" means an individual licensed as a registered nurse pursuant to the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978] and licensed by the department of health as a certified nurse-midwife;
(2) "certified nurse practitioner" means a registered nurse who is licensed by the board of nursing for advanced practice as a certified nurse practitioner pursuant to the Nursing Practice Act;
(3) "clinical nurse specialist" means a registered nurse who is licensed by the board of nursing for advanced practice as a clinical nurse specialist and whose name and pertinent information are entered on the list of clinical nurse specialists maintained by the board of nursing;
(4) "health facility" means a health facility licensed by the department of health pursuant to the Public Health Act; and
(5) "physician" means an individual licensed to practice as a medical doctor or an osteopathic physician.
History:
Laws 2019, ch. 129, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2019, ch. 129, § 1 was erroneously compiled as 61-3-23.6 NMSA 1978 and has been recompiled as 24-1-41 NMSA 1978 by the compiler.
Laws 2019, ch. 129, § 1 was not enacted as part of the Public Health Act, but was compiled there for the convenience of the user.
Effective dates.
— Laws 2019, ch. 129, § 2 made Laws 2019, ch. 129, § 1 effective July 1, 2020.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-42 - Eligibility for state or local health benefits.

A. A state or local health benefit shall be provided to all non-citizens, regardless of immigration status, if they meet all other qualifying criteria for such benefit.
B. For purposes of this section:
(1) "health care services" means treatment and services designed to promote improved health, including primary care, prenatal care, dental care, behavioral health care, provision of prescription drugs, preventive care or health outreach services, provided by a state agency, county, local government or state educational institution named in Article 12, Section 11 of the constitution of New Mexico or an entity with which the state agency, county, local government or state educational institution named in Article 12, Section 11 of the constitution of New Mexico contracts to provide such services; and
(2) "state or local health benefit" means any health benefit for which payments, assistance or health care services are provided to an individual, household or family eligibility unit by an agency of the state, a county, a local government or a state educational institution named in Article 12, Section 11 of the constitution of New Mexico or by appropriated funds of the state, a county, a local government or a state educational institution named in Article 12, Section 11 of the constitution of New Mexico, as permitted by federal law. "State or local health benefit" includes care or services for indigent persons or patients provided or funded pursuant to the Hospital Funding Act [Chapter 4, Article 48B NMSA 1978] or the Indigent Hospital and County Health Care Act [Chapter 27, Article 5 NMSA 1978].
History:
Laws 2021, ch. 127, § 1.
ANNOTATIONS
Compiler's notes.
Laws 2021, ch. 127, § 1 was not enacted as part of the Public Health Act, but was compiled there for the convenience of the user.
Effective dates.
— Laws 2021, ch. 127 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 1 - Public Health › Section 24-1-43 - Reporting; medical aid in dying.

A. A health care provider who prescribes medical aid in dying to a qualified individual in accordance with the provisions of the End-of-Life Options Act [24-7C-1 to 24-7C-8 NMSA 1978] shall provide, in accordance with department rules, a report of that provider's participation. The department shall adopt and promulgate rules that establish the time frames and forms for reporting pursuant to this section and shall limit the reporting of data relating to qualified individuals who received prescriptions for medical aid in dying medication to the following:
(1) the qualified individual's age at death;
(2) the qualified individual's race and ethnicity;
(3) the qualified individual's gender;
(4) whether the qualified individual was enrolled in hospice at the time of death;
(5) the qualified individual's underlying medical condition; and
(6) whether the qualified individual self-administered the medical aid in dying medication and, if so, the date that this occurred.
B. The department shall promulgate an annual statistical report, containing aggregated data, on the information collected pursuant to Subsection A of this section on the total number of medical aid in dying medication prescriptions written statewide and on the number of health care providers who have issued prescriptions for medical aid in dying medication during that year. Data reported pursuant to this subsection shall not contain individually identifiable health information and are exempt from disclosure pursuant to the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978].
C. As used in this section:
(1) "health care provider" means an individual authorized pursuant to the End-of-Life Options Act to prescribe medical aid in dying;
(2) "medical aid in dying" means the medical practice wherein a health care provider prescribes medication to a qualified individual who may self-administer that medication to end that individual's life in accordance with the provisions of the End-of-Life Options Act; and
(3) "qualified individual" means an individual who has met the requirements to receive medical aid in dying pursuant to the provisions of the End-of-Life Options Act.
History:
Laws 2021, ch. 132, § 9.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 132 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 1 - Public Health › Section 24-1-44 - School-based health centers; creation and operation.

A. The department shall provide funding, technical assistance, clinical oversight and other necessary support for the creation and operation of school-based health centers.
B. School-based health centers receiving funding from the department shall be regulated by the department to provide services pursuant to Subsection E of this section.
C. School-based health centers shall be established in schools, within the boundaries of school campuses or within safe walking distances from school campuses as determined by the school and the school-based health center operator, in communities based on:
(1) need for services;
(2) operator availability; and
(3) support from local educational authorities.
D. School-based health centers shall work in cooperation with schools and school districts and be operated by licensed health care providers, including hospitals, federally qualified health centers, the department's public health nurses and other qualified health care providers.
E. School-based health centers shall provide services through licensed providers, including:
(1) primary health care;
(2) preventive health care, including comprehensive health assessments and diagnosis;
(3) treatment of minor, acute and chronic conditions;
(4) mental health care;
(5) substance use disorder assessments, treatment and referral;
(6) crisis intervention; or
(7) referrals as necessary for additional treatment, including inpatient care, specialty care, emergency psychiatric care, oral health care and vision health care services.
F. The department shall adopt and promulgate rules for the regulation, operation and oversight of school-based health centers receiving funding from the department.
G. For purposes of this section:
(1) "department" means the department of health;
(2) "mental health care" means services related to emotional, psychological and social well-being;
(3) "preventive health care" means services that include screenings, checkups and patient counseling to stop or slow the progression of illness, diseases and other health problems; and
(4) "primary health care" means health care services that include providing preventive care, promoting wellness and treating common illnesses.
History:
Laws 2023, ch. 48, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 48 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1A - Rural Primary Health Care › Section 24-1A-1 - Short title.

This act [24-1A-1 to 24-1A-3, 24-1A-4 NMSA 1978] may be cited as the "Rural Primary Health Care Act".
History:
Laws 1981, ch. 295, § 1.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1A - Rural Primary Health Care › Section 24-1A-2 - Purpose of act.

The purpose of the Rural Primary Health Care Act is to recruit and retain health care personnel and assist in the provision of primary health care services through eligible programs in underserved areas of the state in order to better serve the health needs of the public.
History:
Laws 1981, ch. 295, § 2; 1983, ch. 236, § 1.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1A - Rural Primary Health Care › Section 24-1A-3 - Definitions.

As used in the Rural Primary Health Care Act:
A. "health care underserved areas" means a geographic area in which it has been determined by the department of health, through the use of indices and other standards set by the department, that sufficient primary health care is not being provided to the citizens of that area;
B. "eligible programs" means nonprofit community-based entities that provide or commit to provide primary health care services for residents of health care underserved areas and includes rural health facilities and those serving primarily low-income populations;
C. "department" means the department of health; and
D. "primary health care" means the first level of basic or general health care for an individual's health needs, including diagnostic and treatment services.
History:
Laws 1981, ch. 295, § 3; 1983, ch. 236, § 2; 1996, ch. 29, § 2.
ANNOTATIONS
The 1996 amendment,
effective May 15, 1996, substituted "department of health" for "health and environment department" in Subsections A and C, and substituted "that provide or commit to provide" for "established to provide" and "health facilities" for "health clinics" in Subsection B.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1A - Rural Primary Health Care › Section 24-1A-3.1 - Department; technical and financial assistance.

To the extent funds are made available for the purposes of the Rural Primary Health Care Act, the department is authorized to:
A. provide for a program to recruit and retain health care personnel in health care underserved areas;
B. develop plans for and coordinate the efforts of other public and private entities assisting in the provision of primary health care services through eligible programs;
C. provide for technical assistance to eligible programs in the areas of administrative and financial management, clinical services, outreach and planning;
D. provide for distribution of financial assistance to eligible programs that have applied for and demonstrated a need for assistance in order to sustain a minimum level of delivery of primary health care services; and
E. provide a program for enabling the development of new primary care health care services or facilities, and that program:
(1) shall give preference to communities that have few or no community-based primary care services;
(2) may require in-kind support from local communities where primary care health care services or facilities are established;
(3) may require primary care health care services or facilities to assure provision of health care to the medically indigent; and
(4) shall permit the implementation of innovative and creative uses of local or statewide health care resources, or both, other than those listed in Paragraphs (2) and (3) of this subsection.
History:
1978 Comp., § 24-1A-3.1, enacted by Laws 1983, ch. 236, § 3; 1991, ch. 212, § 18; 1996, ch. 29, § 3.
ANNOTATIONS
The 1996 amendment,
effective May 15, 1996, made stylistic changes in Subsection D; and in Subsection E, substituted "provide" for "institute" and "services" for "centers" in the introductory language, and substituted "services" for "centers" in Paragraphs (2) and (3).
The 1991 amendment,
effective July 1, 1991, added Subsection E.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1A - Rural Primary Health Care › Section 24-1A-4 - Rules and regulations.

Subject to the State Rules Act [Chapter 14, Article 4 NMSA 1978], the department shall adopt rules and regulations for recruiting health care personnel in health care underserved areas, and shall establish a formula for distribution of financial assistance to eligible programs which shall take into account the relative needs of applicants for assistance, provided that funds may not be expended for land or facility acquisition or debt amortization and further provided that a local match of ten percent shall be required from each local recipient for each request for assistance.
History:
Laws 1981, ch. 295, § 4; 1983, ch. 236, § 4.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1B - Maternal and Child Health Plan (Repealed.) › Section 24-1B-1 - Repealed.

History:
Laws 1991, ch. 113, § 1; 2007, ch. 94, § 1; repealed by Laws 2019, ch. 57, § 7.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 57, § 7 repealed 24-1B-1 NMSA 1978, as enacted by Laws 1991, ch. 113, § 1, relating to short title, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1B - Maternal and Child Health Plan (Repealed.) › Section 24-1B-2 - Repealed.

History:
Laws 1991, ch. 113, § 2; 2007, ch. 94, § 2; repealed by Laws 2019, ch. 57, § 7.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 57, § 7 repealed 24-1B-2 NMSA 1978, as enacted by Laws 1991, ch. 113, § 2, relating to purpose of act, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1B - Maternal and Child Health Plan (Repealed.) › Section 24-1B-3 - Repealed.

History:
Laws 1991, ch. 113, § 3; 2007, ch. 94, § 3; repealed by Laws 2019, ch. 57, § 7.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 57, § 7 repealed 24-1B-3 NMSA 1978, as enacted by Laws 1991, ch. 113, § 3, relating to definitions, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1B - Maternal and Child Health Plan (Repealed.) › Section 24-1B-4 - Repealed.

History:
Laws 1991, ch. 113, § 4; 2007, ch. 94, § 4; repealed by Laws 2019, ch. 57, § 7.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 57, § 7 repealed 24-1B-4 NMSA 1978, as enacted by Laws 1991, ch. 113, § 4, relating to planning council created, membership, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1B - Maternal and Child Health Plan (Repealed.) › Section 24-1B-5 - Repealed.

History:
Laws 1991, ch. 113, § 5; 2007, ch. 94, § 5; repealed by Laws 2019, ch. 57, § 7.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 57, § 7 repealed 24-1B-5 NMSA 1978, as enacted by Laws 1991, ch. 113, § 5, relating to maternal and child health plans, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1B - Maternal and Child Health Plan (Repealed.) › Section 24-1B-6 - Repealed.

History:
Laws 1991, ch. 113, § 6; 2007, ch. 94, § 6; repealed by Laws 2019, ch. 57, § 7.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 57, § 7 repealed 24-1B-6 NMSA 1978, as enacted by Laws 1991, ch. 113, § 6, relating to maternal and child health funds, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1B - Maternal and Child Health Plan (Repealed.) › Section 24-1B-7 - Repealed.

History:
Laws 1991, ch. 113, § 7; 2007, ch. 94, § 7; repealed by Laws 2019, ch. 57, § 7.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 57, § 7 repealed 24-1B-7 NMSA 1978, as enacted by Laws 1991, ch. 113, § 7, relating to department, powers and duties, effective June 14, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1C - Primary Care Capital Funding › Section 24-1C-1 - Short title.

Chapter 24, Article 1C NMSA 1978 may be cited as the "Primary Care Capital Funding Act".
History:
Laws 1994, ch. 62, § 7; 1997, ch. 230, § 1.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, substituted "Chapter 24, Article 1C NMSA 1978" for "Sections 7 through 16 of this act".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1C - Primary Care Capital Funding › Section 24-1C-2 - Purpose.

The purpose of the Primary Care Capital Funding Act is to provide funding for capital projects to eligible entities in order to increase health care services in rural and other health care underserved areas in the state.
History:
Laws 1994, ch. 62, § 8.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1C - Primary Care Capital Funding › Section 24-1C-4 - Primary care capital fund; creation.

A. The "primary care capital fund" is created as a revolving fund in the authority. The fund shall consist of appropriations, loan repayments, gifts, grants, donations and interest earned on investment of the fund. A separate account shall be maintained for appropriations, loan repayments, gifts, grants, donations and interest earned on investment of the account for loans to school-based health centers and telehealth sites. Money in the fund shall not revert at the end of a fiscal year.
B. The fund shall be administered by the authority. The authority may recover from the fund the actual costs of administering the fund and originating loans..
History:
Laws 1994, ch. 62, § 10; 2005, ch. 54, § 2; 2019, ch. 276, § 2; 2023, ch. 129, § 7.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, moved the primary capital fund to the New Mexico finance authority, and provided that the finance authority may recover from the fund the actual costs of administering the fund; in Subsection A, after "in the', deleted "state treasury" and added "authority"; and in Subsection B, after "fund the", added "actual", and deleted "up to an amount equal to ten percent of original loan amounts. Money in the fund shall be expended only on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the chief executive officer of the authority or the chief executive officer's authorized representative".
The 2019 amendment,
effective June 14, 2019, provided that the New Mexico finance authority may recover from the primary care capital fund the costs of administering the fund and originating loans up to an amount equal to ten percent of original loan amounts; and in Subsection B, after "by the authority.", deleted "Administrative costs of", after "The authority", deleted "or department shall not be paid" and added "may recover", after "from the fund", added "the costs of administering the fund and originating loans up to an amount equal to ten percent of original loan amounts", and after "vouchers signed by the", deleted "director" and added "chief executive officer".
The 2005 amendment,
effective June 17, 2005, required that a separate account be maintained for funds for loans to school-based health centers and telehealth sites.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1C - Primary Care Capital Funding › Section 24-1C-5 - Rules.

The authority shall adopt rules to administer and implement the provisions of the Primary Care Capital Funding Act, including providing for:
A. the determination of rural or other health care underserved areas of the state in which eligible entities may receive loans or contracts for services from the fund;
B. procedures and forms for applying for loans or contracts for services for projects;
C. documentation required to be provided by the applicant to justify the need for the project;
D. documentation required to be provided by the applicant to demonstrate that the applicant is an eligible entity;
E. procedures for review, evaluation and approval of loans and contracts for services, including the programmatic, organizational and financial information necessary to review, evaluate and approve an application;
F. evaluation of the ability and competence of an applicant to provide efficiently and adequately for the completion of a proposed project;
G. approval of loan and contract for services applications, including provisions that accord priority attention to areas with the greatest need for primary care services;
H. fair geographic distribution of loans and contracts for services; and
I. such other requirements deemed necessary by the department to ensure that the state receives the primary care services for which the legislature appropriates money and that protect the state's interest in a project.
History:
Laws 1994, ch. 62, § 11; 2023, ch. 129, § 8.
ANNOTATIONS
Cross references.
— For Indigent Hospital and County Health Care Act,
see
27-5-1 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, provided the New Mexico finance authority with primary authority for adopting rules to administer and implement the provisions of the Primary Care Capital Funding Act; in the section heading, substituted "Rules" for "Regulations"; in former Subsection A, deleted "Prior to September 15, 1994, the department, in conjunction with" and after "adopt", deleted "regulations" and added "rules"; and redesignated former Paragraphs A(1) through A(8) as Subsections A through H, respectively, deleted former Paragraphs A(9) and A(10) and redesignated former Paragraph A(11) as Subsection I; and in Subsections B, C, F and I deleted "capital" preceding "project".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1C - Primary Care Capital Funding › Section 24-1C-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1997, ch. 230, § 4 repealed 24-1C-7 and 24-1C-8 NMSA 1978, as enacted by Laws 1994, ch. 62, §§ 13 and 14, relating to land acquisition and ranking of liens on capital projects, effective June 20, 1997. For provisions of former sections,
see
the 1996 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1C - Primary Care Capital Funding › Section 24-1C-9 - Eligible entity; change in status.

If an eligible entity that has received a loan or contract for services for a capital project ceases to maintain its nonprofit status or ceases to deliver primary care services at the site of the capital project for twelve consecutive months, the authority may pursue the remedies provided in the loan agreement or contract for services or as provided by law.
History:
Laws 1994, ch. 62, § 15; 1997, ch. 230, § 3; 2023, ch. 129, § 10.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, authorized the New Mexico finance authority to pursue remedies provided in a loan agreement or contract for services or as provided by law when an eligible entity has violated the terms of such agreements; and substituted "state" with "authority".
The 1997 amendment,
effective June 20, 1997, substituted "may pursue the remedies provided in the loan agreement or contract for services as provided by law" at the end of the section for language relating to the state having specific remedies at its option, subject to other liens having preference.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1D - Health Service Corps › Section 24-1D-2 - Definitions.

As used in the Health Service Corps Act:
A. "corps" means the New Mexico health service corps;
B. "department" means the department of health;
C. "health professional" means a physician, physician assistant, nurse practitioner, nurse-midwife, emergency medical technician-paramedic, dentist or dental hygienist;
D. "physician" means a medical doctor or doctor of osteopathic medicine;
E. "physician assistant" means a physician assistant or osteopathic physician assistant; and
F. "practice site" means a public health clinic or public or private nonprofit primary care clinic that is located in a state-designated medically underserved area or that serves a high-needs population and that uses a sliding fee scale approved by the department.
History:
Laws 1994, ch. 63, § 2; 2003, ch. 393, § 1.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, in Subsection C, deleted "or" following "nurse-midwife" and inserted "dentist or dental hygienist" at the end of Subsection C.