2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-3 - Powers and authority of department.

The department has authority to:
A. receive such grants, subsidies, donations, allotments or bequests as may be offered to the state by the federal government or any department thereof or by any public or private foundation or individuals;
B. supervise the health and hygiene of the people of the state and identify ways to evaluate and address community health problems;
C. investigate, control and abate the causes of disease, especially epidemics, sources of mortality and other conditions of public health;
D. establish, maintain and enforce isolation and quarantine;
E. close any public place and forbid gatherings of people when necessary for the protection of the public health;
F. respond to public health emergencies and assist communities in recovery;
G. establish programs and adopt rules to prevent infant mortality, birth defects and morbidity;
H. prescribe the duties of public health nurses and school nurses;
I. provide educational programs and disseminate information on public health;
J. maintain and enforce rules for the licensure of health facilities;
K. ensure the quality and accessibility of health care services and the provision of health care when health care is otherwise unavailable;
L. ensure a competent public health workforce;
M. bring action in court for the enforcement of health laws and rules and orders issued by the department;
N. enter into agreements with other states to carry out the powers and duties of the department;
O. cooperate and enter into contracts or agreements with the federal government or any other person to carry out the powers and duties of the department;
P. cooperate and enter into contracts or agreements with Native American nations, tribes and pueblos and off-reservation groups to coordinate the provision of essential public health services and functions;
Q. maintain and enforce rules for the control of conditions of public health importance;
R. maintain and enforce rules for immunization against conditions of public health importance;
S. maintain and enforce such rules as may be necessary to carry out the provisions of the Public Health Act and to publish the rules;
T. supervise state public health activities, operate a dental public health program and operate state laboratories for the investigation of public health matters;
U. sue and, with the consent of the legislature, be sued;
V. regulate the practice of midwifery;
W. administer legislation enacted pursuant to Title 6 of the Public Health Service Act, as amended and supplemented;
X. inspect such premises or vehicles as necessary to ascertain the existence or nonexistence of conditions dangerous to public health or safety;
Y. request and inspect, while maintaining federal and state confidentiality requirements, copies of:
(1) medical and clinical records reasonably required for the department's quality assurance and quality improvement activities; and
(2) all medical and clinical records pertaining to the individual whose death is the subject of inquiry by the department's mortality review activities; and
Z. do all other things necessary to carry out its duties.
History:
1953 Comp., § 12-34-3, enacted by Laws 1973, ch. 359, § 3; 1975, ch. 183, § 2; 2001, ch. 119, § 2; 2017, ch. 87, § 5.
ANNOTATIONS
Cross references.
— For department of health generally,
see
Chapter 9, Article 7 NMSA 1978.
For Title VI of the Public Health Service Act,
see
42 U.S.C. § 291 et seq.
The 2017 amendment,
effective June, 16, 2017, provided additional powers and authority to the department of health; in Subsection B, after "of the state", added "and identify ways to evaluate and address community health problems"; added a new Subsection F and redesignated former Subsections F through I as Subsections G through J, respectively; added new Subsections K and L and redesignated former Subsections J through L as Subsections M through O, respectively; added a new Subsection P and redesignated former Subsections M through V as Subsections Q through Z, respectively; in Subsection Q, after "the control of", deleted "communicable diseases deemed to be dangerous to public health" and added "conditions of public health importance"; in Subsection R, after "immunization against", deleted "diseases deemed to be dangerous to the public health" and added "conditions of public health importance"; and in Subsection W, after "Title", deleted "VI" and added "6".
The 2001 amendment,
effective June 15, 2001, substituted "rules" for "regulations" throughout the section; and added Subsection U, redesignating former Subsection U as Subsection V.
Provision allowing the closure of public places when necessary for the protection of "public health" is not unconstitutionally vague.
— Where the owners of a trampoline facility brought an action alleging that the public health orders requiring closure of "close-contact recreational facilities" during the COVID-19 pandemic deprived them of their due process rights because § 24-1-3(E) NMSA 1978 is unconstitutionally vague and overbroad because the statute does not define clearly "public health" and how it is to be protected, the issuance of a temporary restraining order precluding enforcement of the orders was not warranted, because the phrase "public health" does not grant an undefined and unrestricted grant of authority to New Mexico department officials.
ETP Rio Rancho Park, LLC v. Grisham
, 517 F. Supp. 3d 1177 (D. N.M. 2021).
Statutes delegating power to enact and enforce health regulations are to be liberally construed
in order to effectuate the purpose of their enactment. 1958 Op. Att'y Gen. No. 58-230.
Liberal construction of statute.
— The health and social services department's (now department of health's) licensing power as delegated by the legislature in this article should be liberally construed to allow the department to prescribe, maintain and enforce necessary or desirable regulations to promote the psychological and physical well-being of children attending licensed child care centers. Included within the scope of the department's authority is the prescription, maintenance and enforcement of minimum standards for the care given children in licensed child care centers, provided such standards bear a reasonable relation to the public health and are reasonably adapted to prevent some existing or anticipated menace. 1976 Op. Att'y Gen. No. 76-37.
Isolation of person afflicted with contagious disease.
— Under a general delegation of the power to take measures necessary to prevent the spread of contagious disease, health officers have the power to provide for the isolation of persons afflicted with such a disease. 1960 Op. Att'y Gen. No. 60-174.
Authority to regulate private businesses during a public health emergency.
— The Public Health Emergency Response Act, 12-10A-1 to 12-10A-19 NMSA 1978, provides a grant of authority to the governor to declare a state of public health emergency upon the occurrence of a public health emergency, which then authorizes the department of health, under the Public Health Act, 24-1-3 to 24-1-40 NMSA 1978, to order the closure of public places, including privately owned businesses generally open to the public, and to forbid large gatherings when necessary for the protection of the public, and therefore, when the governor of New Mexico, in 2020, declared a state of emergency due to the COVID-19 pandemic, the public health orders issued by the department of health, limiting mass gatherings and implementing other restrictions with the stated purpose of minimizing the spread and adverse impacts of COVID-19 in New Mexico, were statutorily authorized and a reasonable exercise of the police powers vested in the department of health.
Governor's Authority during a Public Health or Other Emergency
(3/23/20), Att'y Gen. Adv. Ltr. 2020-03.
Licensed nurse need not also have midwife license.
— A family nurse practitioner authorized by the board of nursing to perform services constituting midwifery need not, as well, have a midwife license from the health services division (now department of health). 1981 Op. Att'y Gen. No. 81-07.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Health § 37 et seq.
Constitutional rights of owner as against destruction of building by public authorities, 14 A.L.R.2d 73.
Validity of regulations as to plumbers and plumbing, 22 A.L.R.2d 816.
Physical examination or test, health regulation requiring submission to, as to violation of constitutional rights, 25 A.L.R.2d 1407.
Propriety of state or local government health officer's warrantless search - post-Camara cases, 53 A.L.R.4th 1168.
39A C.J.S. Health and Environment §§ 3 to 54.