reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 6 - Department of Finance and Administration › Section 9-6-3 - Department of finance and administration; creation; transfer and merger of division functions; merger and creation of divisions.

A. The "department of finance and administration" is created. The department shall consist of those divisions created by law or executive order, as modified by executive order pursuant to Subsection C of this section, including but not limited to:
(1) the board of finance division;
(2) the financial control division;
(3) the local government division;
(4) the management and contracts review division; and
(5) the state budget division.
B. The secretary is empowered to organize the department and the divisions thereof specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy.
C. The governor is empowered to merge divisions of the department or to create additional divisions by executive order in the interest of efficiency and economy.
History:
1978 Comp., § 9-8-3, enacted by Laws 1977, ch. 247, § 3; 1978, ch. 124, § 1; 1980, ch. 151, § 4; 1983, ch. 301, § 14; 1988, ch. 64, § 2.
ANNOTATIONS
Cross references.
— For annexation of territory by municipalities,
see
3-7-1 to 3-7-18 NMSA 1978.
For municipal street improvement funds,
see
3-34-1 to 3-34-5 NMSA 1978.
For regional planning,
see
3-56-1 to 3-56-9 NMSA 1978.
For planning districts,
see
4-58-1 to 4-58-6 NMSA 1978.
For public finances generally,
see
Chapter 6 NMSA 1978.
For financial control division,
see
6-2-1 and 6-5-1 to 6-5-11 NMSA 1978.
For state budgets,
see
6-3-1 to 6-3-25 NMSA 1978.
For local government finances,
see
6-6-1 to 6-6-19 NMSA 1978.
For investment of public money,
see
6-8-1 to 6-8-24 NMSA 1978.
For administration of government generally,
see
Chapter 15 NMSA 1978.
For statewide post-secondary educational planning,
see
21-2-1 to 21-2-9 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Right of citizen or taxpayer to enjoin waste or expenditure of state funds, 58 A.L.R. 588.
Taxpayer's right to maintain action to enjoin wrongful expenditure of public funds, as affected by the fact that the funds in question were not raised by taxation, 131 A.L.R. 1230.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 6 - Department of Finance and Administration › Section 9-6-3.2 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1983, ch. 301, § 16, recompiled former 9-6-3.2 NMSA 1978 as 15-1-2 NMSA 1978, effective July 1, 1983.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 6 - Department of Finance and Administration › Section 9-6-4 - Department of finance and administration; secretary; appointment; qualifications.

The administrative and executive head of the department of finance and administration is the "secretary of finance and administration," who shall be a member of the executive cabinet. The secretary shall be appointed by the governor with the advice and consent of the senate. The secretary shall be well versed in governmental finance.
History:
1978 Comp., § 9-6-4, enacted by Laws 1977, ch. 247, § 4; 1983, ch. 301, § 17.
ANNOTATIONS
Cross references.
— For appointment and removal power of governor,
see
N.M. Const., art. V, § 5.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 6 - Department of Finance and Administration › Section 9-6-5.1 - Planning powers and duties of secretary of finance and administration.

The secretary of the department of finance and administration, in addition to the other powers and duties conferred:
A. shall review federal grant applications and provide management assistance;
B. shall coordinate, in accordance with directives from the governor's office of policy and planning, state agency plans for economic, natural resource, energy resource and human resource development;
C. shall provide aid to planning and development districts in developing grant proposals, and cooperate with other local entities in developing grant proposals;
D. shall acquire, study and review all plans for capital projects proposed by state agencies and render advice on the plans. The secretary shall maintain long-range estimates and plans for capital projects and develop standards for measuring the need for, and utility of, proposed projects;
E. may contract for, receive and utilize any grants or other financial assistance made available by the United States government or by any other source, public or private;
F. may provide planning and funding assistance to units of local government, council of government organizations, Indian tribal governments situated within New Mexico, and to nonprofit entities having for their purpose local, regional or community betterment. The secretary, incident to any such programs, may enter into contracts and agreements with such units of local government, council of government organizations, Indian tribal governments, nonprofit entities and the federal government, and may participate in, or receive aid from, any federal or private program in relation to such a planning program or assistance;
G. shall confer with the state budget division of the department of finance and administration in developing comprehensive plans to assure coordination of planning and budgeting functions;
H. shall coordinate the state clearinghouse review process;
I. shall develop a status of the state report;
J. shall review and coordinate comment by state agencies on draft environmental impact statements;
K. shall provide community development block grant technical assistance to local governments;
L. shall administer, in consultation with and upon advice and direction from the community development block grant policy committee, the program for the state community development block grant program;
M. shall serve as staff to the New Mexico Association of Regional Councils;
N. shall maintain a state planning library; and
O. shall provide planning assistance to county and multicounty districts relative to application by such districts for financial assistance and for regional plan development.
History:
Laws 1983, ch. 296, § 7.
ANNOTATIONS
Effective dates.
— Laws 1983, ch. 296, § 32 made Laws 1983, ch. 296, § 7 effective July 1, 1983.
Cross references.
— For governor's office of policy and planning,
see
9-14-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 6 - Department of Finance and Administration › Section 9-6-5.3 - Repealed.

History:
Laws 2022, ch. 56, § 1; repealed by Laws 2023, ch. 188, § 4.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 188, § 4 repealed 9-6-5.3 NMSA 1978, as enacted by Laws 2022, ch. 56, § 1, relating to distribution of funds, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 6 - Department of Finance and Administration › Section 9-6-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2004, ch. 25, § 53 repealed 9-9-6 NMSA 1978, as enacted by Laws 1977, ch. 247, § 6, relating to the office of cultural affairs, effective May 19, 2004. For provisions of former section,
see
the 2003 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 6 - Department of Finance and Administration › Section 9-6-7 to 9-6-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2004, ch. 25, § 53 repealed 9-9-7 to 9-6-11 NMSA 1978, as enacted by Laws 1980, ch. 151, §§ 52 to 56, relating to the office of cultural affairs, effective May 19, 2004. For provisions of former sections,
see
the 2003 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 6 - Department of Finance and Administration › Section 9-6-12 - Fort Stanton development commission; created.

A. There is created the "Fort Stanton development commission", which shall be administratively attached to the office of cultural affairs.
B. The commission shall consist of seven members selected as follows:
(1) the chair of the Lincoln county commission or the designee of the chair;
(2) the mayor of the village of Ruidoso or the designee of the mayor;
(3) the secretary of energy, minerals and natural resources or the designee of the secretary;
(4) the state historic preservation officer or the designee of the officer; and
(5) three members at large who are residents of Lincoln county and are appointed by the governor.
C. The chairman of the commission shall be elected annually from among the commission membership.
D. Appointed members shall serve for terms of six years each but the initial appointment shall be for two, four and six years to accomplish staggered terms. Vacancies in an appointed member's seat shall be filled for the remainder of the unexpired term in the same manner as the original appointment was made.
E. Appointed members shall receive no compensation but may be paid per diem and mileage as provided for nonsalaried officers in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
Laws 2003, ch. 126, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 126, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 6 - Department of Finance and Administration › Section 9-6-13 - Duties and powers.

A. The Fort Stanton development commission shall:
(1) plan, assemble, dispose of and acquire furnishings, art, landscaping materials and plants and other decorations for the public areas of Fort Stanton;
(2) monitor and report on the status of maintenance of Fort Stanton and recommend to the legislature actions necessary to repair, maintain and renovate the grounds and improvements; and
(3) develop statewide interest in Fort Stanton and develop a comprehensive plan for the most appropriate and beneficial use of Fort Stanton.
B. The commission may:
(1) utilize the assistance of individuals, the office of cultural affairs, other state agencies and nonprofit charitable corporations in carrying out its duties;
(2) accept on behalf of the state from any private or other public sources money, gifts, donations and bequests for use by the commission in carrying out its duties; and
(3) enter into public promotions of its endeavors and publish such materials as it deems appropriate to promote the purposes of the commission.
History:
Laws 2003, ch. 126, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 126, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 6 - Department of Finance and Administration › Section 9-6-14 - Trust fund created.

The "Fort Stanton development fund" is created in the state treasury. The fund shall consist of all gifts, donations and bequests of money to the Fort Stanton development commission as well as any appropriations made to the commission. Earnings from the investment of the fund shall be credited to the fund. Expenditure from the fund shall be made only for the purposes for which the commission was created pursuant to vouchers signed by the chairman of the commission on warrants issued by the secretary of finance and administration.
History:
Laws 2003, ch. 126, § 3.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 126, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 6 - Department of Finance and Administration › Section 9-6-15 - Department of finance and administration; office of education accountability.

A. The "office of education accountability" is created in the department of finance and administration. The office shall provide an independent evaluation of the Assessment and Accountability Act [Chapter 22, Article 2C NMSA 1978] and the School Personnel Act [Chapter 22, Article 10A NMSA 1978] by:
(1) monitoring the implementation of those acts;
(2) periodically reviewing school district and school-based decision-making policies relating to the recruitment and retention of school employees;
(3) verifying the accuracy of reports of public school, school district and state performance; and
(4) conducting studies of other states' efforts at assessment and accountability and other educational reforms and report its findings to the legislative education study committee and legislative finance committee.
B. The state department of public education, school districts and other agencies of the state or its political subdivisions shall cooperate with the office of education accountability and provide information as requested by the office.
History:
Laws 2003, ch. 153, § 69.
ANNOTATIONS
Emergency clauses.
— Laws 2003, ch. 153, § 74 contained an emergency clause and was approved April 4, 2003.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-1 - Short title.

Chapter 9, Article 7 NMSA 1978 may be cited as the "Department of Health Act".
History:
1978 Comp., § 9-7-1, enacted by Laws 1977, ch. 253, § 1; 1991, ch. 25, § 13.
ANNOTATIONS
Cross references.
— For provisions regarding the office of guardianship of the developmental disabilities planning council,
see
28-16B-1 NMSA 1978 et seq.
The 1991 amendment,
effective March 29, 1991, rewrote this section, which read "Sections 1 through 15 of this act may be cited as the 'Health and Environment Department Act'".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-2 - Definitions.

As used in the Department of Health Act:
A. "department" means the department of health created under the Department of Health Act; and
B. "secretary" means the secretary of health.
History:
1978 Comp., § 9-7-2, enacted by Laws 1977, ch. 253, § 2; 1991, ch. 25, § 14.
ANNOTATIONS
The 1991 amendment,
effective March 29, 1991, substituted "Department of Health Act" for "Health and Environment Department Act" in the introductory phrase and in Subsection A; substituted "department of health" for "health and environment department" in Subsection A; and substituted "health" for "the department" in Subsection B.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-3 - Purpose.

The purpose of the Department of Health Act is to establish a single, unified department to administer the laws and exercise the functions relating to health formerly administered and exercised by various organizational units of state government, including the state health agency, the scientific laboratory system and an appropriate allocation of administrative support services of the health and social services department and the hospital and institutions department. All public health and scientific laboratory functions formerly performed by the health and environment department shall be performed by the department. Behavioral health services, including mental health and substance abuse services, provided by or through the department shall be subject to the direction of the secretary and the provisions of Section 9-7-6.4 NMSA 1978.
History:
1978 Comp., § 9-7-3, enacted by Laws 1977, ch. 253, § 3; 1991, ch. 25, § 15; 2004, ch. 46, § 5.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, added the last sentence.
The 1991 amendment,
effective March 29, 1991, in the first sentence, substituted "Department of Health Act" for "Health and Environment Department Act", deleted "and environment and" preceding "formerly administered" and "the environmental improvement agency" preceding "the scientific"; and added the second sentence.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-5 - Secretary of health; appointment.

A. The administrative head of the department of health is the "secretary of health", who shall be appointed by the governor with the consent of the senate and who shall serve in the executive cabinet.
B. An appointed secretary shall serve and have all of the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting his appointment.
History:
1978 Comp., § 9-7-5, enacted by Laws 1977, ch. 253, § 6; 1991, ch. 25, § 17.
ANNOTATIONS
Cross references.
— For executive cabinet,
see
9-1-3 NMSA 1978.
For appointment and removal power of governor,
see
N.M. Const., art. V, § 5.
The 1991 amendment,
effective March 29, 1991, deleted "and environment" following "health" in the catchline and in Subsection A and substituted "department of health" for "health and environment department" in Subsection A.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-6.1 - Repealed.

History:
Laws 1999, ch. 270, § 1; 2004, ch. 46, § 6; repealed by Laws 2007, ch. 325, § 14.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 325, § 14 repealed 9-7-6.1 NMSA 1978, as enacted by Laws 1999, ch. 270, § 1, relating to behavioral health services, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-6.2 - Repealed.

History:
Laws 1999, ch. 270, § 2; 2004, ch. 46, § 7; repealed by Laws 2007, ch. 325, § 14.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 325, § 14 repealed 9-7-6.2 NMSA 1978, as enacted by Laws 1999, ch. 270, § 2, relating to contract eligibility, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-6.3 - Rules.

The department of health shall adopt rules pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978] and the Department of Health Act to implement the provision of behavioral health services.
History:
Laws 1999, ch. 270, § 3.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 270, § 11 made Laws 1999, ch. 270, § 3 effective July 1, 1999.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-6.6 - Gambling addiction data collection.

A. The department of health shall begin an ongoing process of gathering data on gambling addiction in New Mexico. The department shall establish standards to determine what constitutes a compulsive or problem gambler and collect data on the percent of the population who are active gamblers or compulsive gamblers and the number of gamblers who seek treatment.
B. The department of health shall adopt rules requiring that all suicide deaths or attempted suicides identified by law enforcement agencies or medical personnel be investigated to determine if the victim had gambling debts or compulsive gambling behaviors that may have been a factor in the cause of the suicide or the attempted suicide.
C. The department of health shall coordinate with the bankruptcy court in New Mexico to obtain data on compulsive gambling behavior or gambling debt that is found by the court to be a factor in all bankruptcies filed in New Mexico.
D. Beginning in fiscal year 2007, the department shall make reports at five-year intervals to an appropriate legislative interim committee no later than August on its findings regarding gambling addiction and the incidence of suicides and bankruptcies that involve gambling debt or compulsive gambling behavior in New Mexico. Two copies of the gambling report shall be filed with the legislative council service library every five years beginning in August 2007.
History:
Laws 2005, ch. 331, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 331 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 9 - Executive Department › Article 7 - Department of Health › Section 9-7-6.7 - Clearinghouse for Native American suicide prevention; culturally based suicide prevention initiatives.

A. In consultation with the Indian affairs department, the interagency behavioral health purchasing collaborative, subject to available funding, shall establish:
(1) a statewide clearinghouse and technical assistance program called the "New Mexico clearinghouse for Native American suicide prevention" to work with the Native American suicide prevention advisory council to provide culturally appropriate suicide prevention, intervention and post-event assistance statewide to Native American individuals, families and tribes, nations and pueblos living with suicide, attempted suicide or the risk of suicide; and
(2) culturally based Native American youth suicide prevention initiatives, each focused on the continuum of prevention, intervention and post-event assistance to Native American individuals, families and tribes, nations and pueblos living with suicide, attempted suicide or the risk of suicide in rural, frontier and urban communities.
B. As used in this section, "Native American" means a member of a federally recognized Indian tribe, nation or pueblo.
History:
Laws 2011, ch. 15, § 1; 2013, ch. 7, § 2.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, required the clearinghouse for Native American suicide prevention to work with the Native American suicide prevention advisory council; and in Paragraph (1) of Subsection A, after "clearinghouse for Native American suicide prevention to", added "work with the Native American suicide prevention advisory council to".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-7 - Organizational units of department; powers and duties specified by law; access to information.

Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, and he shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 9-7-6 NMSA 1978. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.
History:
1978 Comp., § 9-7-7, enacted by Laws 1977, ch. 253, § 8; 1991, ch. 25, § 19.
ANNOTATIONS
Cross references.
— For executive cabinet,
see
9-1-3 NMSA 1978.
For the department of environment,
see
9-7A-1 NMSA 1978 et seq.
For health and hospital records,
see
14-6-1 to 14-6-3 NMSA 1978.
For state health institutions generally,
see
Chapter 23 NMSA 1978.
For health and safety generally,
see
Chapter 24 NMSA 1978.
For appointment and establishment of powers and duties of district health officers and assistants,
see
24-1-4 NMSA 1978.
For development by scientific laboratory division of methods to test persons operating motor vehicle under influence of drugs or alcohol,
see
24-1-22 NMSA 1978.
For duties with regard to immunization,
see
Chapter 24, Article 5 NMSA 1978.
For vital statistics,
see
24-14-1 to 24-14-31 NMSA 1978.
For establishment of vital statistics and health statistics bureau,
see
24-14-3 NMSA 1978.
For food generally,
see
Chapter 25 NMSA 1978.
For controlled substances,
see
30-31-1 to 30-31-41 NMSA 1978.
For occupational health and safety,
see
50-9-1 to 50-9-25 NMSA 1978.
For pharmacy regulation and licensing,
see
Chapter 61, Article 11 NMSA 1978.
The 1991 amendment,
effective March 29, 1991, substituted "9-7-6 NMSA 1978" for "7 of the Health and Environment Department Act" at the end of the second sentence.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-8 - Directors.

The secretary shall appoint with the approval of the governor "directors" of divisions established within the department. The positions so appointed are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
1978 Comp., § 9-7-8, enacted by Laws 1977, ch. 253, § 9; 1991, ch. 25, § 20.
ANNOTATIONS
Cross references.
— For appointment of directors,
see
9-7-6B(10) NMSA 1978.
The 1991 amendment,
effective March 29, 1991, substituted "divisions established" for "such divisions as are established" in the first sentence.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-9 - Bureaus; chiefs.

The secretary shall establish within each division such "bureaus" as he deems necessary to carry out the provisions of the Department of Health Act. He shall employ a "chief" to be the administrative head of each bureau. The chief and all subsidiary employees of the department shall be covered by the Personnel Act [Chapter 10, Article 9 NMSA 1978] unless otherwise provided by law.
History:
1978 Comp., § 9-7-9, enacted by Laws 1977, ch. 253, § 10; 1991, ch. 25, § 21.
ANNOTATIONS
The 1991 amendment,
effective March 29, 1991, substituted "Department of Health Act" for "Health and Environment Department Act" at the end of the first sentence and made a minor stylistic change in the second sentence.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-9.1 - Department of health; office of oral health; director.

The secretary shall appoint a director of the department's office of oral health, who shall be a dental health care professional licensed pursuant to the Dental Health Care Act [Chapter 61, Article 5A NMSA 1978].
History:
Laws 2019, ch. 107, § 13.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 107, § 19 made Laws 2019, ch. 107, § 13 effective June 14, 2020.
Temporary provisions.
— Laws 2019, ch. 107, § 17 provided that the department of health shall conduct an outcome report on the first five years of dental therapy practice in the state pursuant to this 2019 act. At a date five years following the date of the first issuance of a license to practice dental therapy in the state, the department of health shall consult with the New Mexico board of dental health care, the New Mexico dental hygienists' association and the New Mexico dental association to compile and issue a report to the legislative health and human services committee of the department's findings and recommendations regarding dental therapy, including:
A. its efficacy, effectiveness and cost;
B. its impact on access to dental health care;
C. the distribution of dental therapists statewide;
D. demographic representation among dental therapists;
E. issues related to supervision of dental therapists and their scope of practice;
F. evaluation of services delivered under indirect supervision; and
G. evaluation of services delivered under general supervision for recommendation to indirect supervision.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 328, § 2 repealed 9-7-10 NMSA 1978, as amended by Laws 1983, ch. 177, § 1, relating to creation of the behavioral health services division, effective June 19, 1987.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-10.1 - Rehabilitation centers.

There are created within the department of health the "northern New Mexico rehabilitation center" and the "southern New Mexico rehabilitation center". The centers shall be at Las Vegas and Roswell, respectively, and shall provide the citizens of New Mexico with physical therapy, speech and hearing diagnoses and therapy and family counseling services in conjunction with such therapy and in cooperation with related programs of other governmental and nonprofit entities. Such therapy and service shall be provided without regard to eligibility for federally funded vocational rehabilitation services.
History:
1978 Comp., § 9-7-10.1, enacted by Laws 1983, ch. 156, § 1; 1987, ch. 328, § 1; 1991, ch. 25, § 22.
ANNOTATIONS
The 1991 amendment,
effective March 29, 1991, substituted "department of health" for "health and environment department" in the first sentence.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-11 - Advisory committees.

A. Advisory committees may be created. Advisory means furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements and does not extend to administering a program or function or setting policy unless specified by law. Advisory committees shall be appointed in accordance with the provisions of the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978].
B. All members of advisory committees appointed under the authority of this section shall receive as their sole remuneration for services as a member those amounts authorized under the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1978 Comp., § 9-7-11, enacted by Laws 1977, ch. 253, § 12; 1991, ch. 25, § 23.
ANNOTATIONS
The 1991 amendment,
effective March 29, 1991, made minor stylistic changes throughout Subsection A.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-11.1 - Findings and purpose.

A. The legislature finds that good health is among our most cherished desires. To achieve optimal health requires both individual and collective responsibility and action, and therefore, state government must assume a leadership role by establishing and implementing policies in all aspects of health. In order to fulfill its proper leadership obligation within public resource constraints, the state must perform a variety of carefully tailored roles in concert with individuals, the private sector and local, federal and tribal governments.
B. The legislature also finds that health care requires a growing portion of the state's public and private resources and impacts a broad segment of the state's economy; a need, therefore, exists to establish an entity for research, guidance and recommendations on health policy and planning issues.
C. The purpose of the New Mexico health policy commission is to provide a forum for the discussion of complex and controversial health policy and planning issues and for the creative exploration of ideas, issues and problems surrounding health policy and planning, including the interrelations with education, the environment and economic well-being.
D. It is the policy of the state of New Mexico to promote optimal health; to prevent disease, disability and premature death; to improve the quality of life; and to assure that basic health services are available, accessible, acceptable and culturally appropriate, regardless of financial status. This policy shall be realized through the following organized efforts:
(1) education, motivation and support of the individual in healthy behavior;
(2) protection and improvement of the physical and social environments;
(3) promotion of health services for early diagnosis and prevention of disease and disability; and
(4) provisions of basic treatment services needed by all New Mexicans.
History:
Laws 1991, ch. 139, § 1.
ANNOTATIONS
Effective dates.
— Laws 1991, ch. 139 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-11.3 - Task force created; responsibilities; participants; funding.

A. The "health care providers licensing and credentialing task force" is created under the direction of the New Mexico health policy commission to study and make recommendations for the consolidation and simplification of the health care licensure processes. The task force shall make recommendations for the establishment of a web site portal for licensure to facilitate and complement or replace the present system conducted by individual health care provider boards and for a central database for credentialing information to simplify and eliminate duplication of effort.
B. The task force shall study and make recommendations to the superintendent of insurance on health care provider credentialing issues and obstacles to one-time efforts by providers to meet all necessary requirements to practice independently or as a provider for any appropriately licensed health care organization or facility. The task force shall study and recommend, if practicable, use of credentialing expertise developed by a statewide association of hospitals.
C. The task force shall include participation by the New Mexico health policy commission; the department of health; the New Mexico medical board; the board of nursing; other health care provider boards; the regulation and licensing department; the office of superintendent of insurance; the human services department [health care authority department]; the office of the attorney general; other affected state agencies; members of the health care industry, including statewide associations and societies representing providers, hospitals and other affected facilities; insurers; other third-party payers; health care advocates; and members of the public.
D. The New Mexico health policy commission, together with the New Mexico medical board and the board of nursing, shall hire an information technology project manager to work under the commission to design, implement and maintain a web site portal for licensure and a central database for credentialing of health care providers.
History:
Laws 2003, ch. 235, § 2; 2013, ch. 74, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. 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.
The 2013 amendment,
effective March 29, 2013, transferred task force participation from the public regulation commission to the superintendent of insurance; and in Subsection C, after "licensing department; the", added "office of superintendent of" and after "insurance", deleted "division of the public regulation commission".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-11.4 - Compulsive gambling council; duties; membership.

A. The "compulsive gambling council" is created. The council is administratively attached to the department pursuant to the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978]. The council consists of the following fifteen members, all of whom shall be appointed by and serve at the pleasure of the governor:
(1) the secretary or the secretary's designee, who shall serve as chair of the council;
(2) a member of the governor's staff;
(3) a member of the gaming control board;
(4) a member of the board of directors of the New Mexico lottery authority;
(5) a member of a fraternal organization that sponsors gambling;
(6) two persons with expertise in the field of compulsive gambling;
(7) two Native American representatives from a tribe or pueblo with gaming operations;
(8) two representatives of the non-Native American gaming industry;
(9) two representatives from the behavioral health profession; and
(10) two representatives from the general public.
B. The council shall meet regularly and at the call of the chair.
C. A majority of the council constitutes a quorum.
D. Council members shall serve voluntarily and shall receive no per diem for their services or travel expenses.
E. The council shall:
(1) develop and implement a New Mexico strategic prevention and treatment of compulsive gambling plan;
(2) recommend to the department compulsive gambling prevention and treatment standards;
(3) collaborate with the appropriate state agencies to link compulsive gambling data collection and referral information to crisis response hotlines or youth and domestic violence initiatives;
(4) collaborate with the department to improve data collection regarding gambling-related suicide, bankruptcies and domestic violence;
(5) collaborate with the department and the aging and long-term services department to educate New Mexico seniors through prevention training and materials regarding the recognition and treatment of compulsive gambling problems; and
(6) develop and recommend to the governor a voluntary self-exclusion program.
F. Beginning in 2008, the council shall submit an annual report to the governor and the appropriate legislative interim committee reporting the key findings and progress on implementation of the New Mexico strategic prevention and treatment of compulsive gambling plan.
G. Two copies of the annual report shall be filed with the legislative council service library annually beginning in August 2008.
History:
Laws 2006, ch. 8, § 1.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-12 - Cooperation with the federal government; authority of secretary; single state agency status.

A. The department is authorized to cooperate with the federal government in the administration of health programs in which financial or other participation by the federal government is authorized or mandated under state or federal laws, regulations, rules or orders. The secretary may enter into agreements with agencies of the federal government to implement health programs subject to availability of appropriated state funds and any provisions of state laws applicable to such agreements or participation by the state.
B. The governor or the secretary may by appropriate order designate the department or any organizational unit of the department as the single state agency for the administration of any health program when such designation is a condition of federal financial or other participation in the program under applicable federal law, regulation, rule or order. Whether or not a federal condition exists, the governor may designate the department or any organizational unit of the department as the single state agency for the administration of any health program. No designation of a single state agency under the authority granted in this section shall be made in contravention of state law.
History:
1978 Comp., § 9-7-12, enacted by Laws 1977, ch. 253, § 13; 1991, ch. 25, § 24.
ANNOTATIONS
The 1991 amendment,
effective March 29, 1991, deleted "and environmental" following "health" in the first sentence in Subsection A and deleted "or environmental" following "health" in the second sentence in Subsection A and in the first and second sentences in Subsection B.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 25, § 36 repealed 9-7-13 NMSA 1978, as enacted by Laws 1977, ch. 253, § 76, relating to exemptions of the environmental improvement board from the authority of the secretary of health and environment, effective March 29, 1991. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-15 - Recompiled.

ANNOTATIONS
Recompilations.
— In 1991, former 9-7-14 and 9-7-15 NMSA 1978 were recompiled as 9-7A-13 and 9-7A-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-16 - Rate equalization for community-based service contractors.

The department of health shall take all measures reasonably necessary to ensure that any funds appropriated to the developmental disabilities division of the department of health for rate equalization for community contract agencies are used to increase contractor payments to provide equitable rates for community contract agencies based upon the variable cost reimbursement study performed for the department.
History:
Laws 1992, ch. 82, § 1.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-17 - Substance abuse education fund.

There is created the "substance abuse education fund" which shall be controlled by the agency. All money collected or received under the state laws for the purpose of substance abuse education shall be paid over to the state treasurer to the credit of the substance abuse education fund, and the fund shall not be transferred to another fund. The money in the fund shall be used for the purpose of providing additional funding for substance abuse educational programs in the local school districts. The drug abuse agency, in coordination with the state department of public education and local school boards, shall:
A. develop and provide funds for substance abuse education curricula and materials for the public school system;
B. provide substance abuse educational programs to public school staff, parents and students; and
C. assist local schools in developing student and faculty support and intervention groups.
History:
1978 Comp., § 26-2-4.1, enacted by Laws 1987, ch. 265, § 5; 1989, ch. 324, § 20; 1978 Comp., § 26-2-4.1, recompiled as 1978 Comp., § 9-7-17 by Laws 1999, ch. 270, § 9.
ANNOTATIONS
Recompilations.
— Laws 1999, ch. 270, § 9 recompiled former 26-2-4.1 NMSA 1978 as 9-7-17 NMSA 1978, effective July 1, 1999.
The 1989 amendment,
effective April 7, 1989, deleted "including all earned income therefrom" following "and the fund" in the second sentence.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-17.1 - Repealed.

History:
Laws 2012, ch. 42, § 1; repealed by Laws 2021 (1st S.S.), ch. 4, § 72.
ANNOTATIONS
Repeals.
— Laws 2021 (1st S.S.), ch. 4, § 72 repealed 9-7-17.1 NMSA 1978, as enacted by Laws 2012, ch. 42, § 1, relating to medical cannabis fund, reporting, effective June 29, 2021, 2021. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7 - Department of Health › Section 9-7-18 - Drug testing for health care providers in state health care facilities; grounds; rulemaking.

A. A health care provider hired to provide direct care to patients in a state health care facility shall be tested for illicit and prescription drug and alcohol abuse prior to employment and subject to random drug testing thereafter.
B. A health care provider providing direct care to patients in a state health care facility who is reasonably suspected of abusing illicit or prescription drugs or alcohol while working shall undergo drug testing without prior notice to the health care provider.
C. The department of health shall promulgate rules to establish:
(1) when a health care provider is reasonably suspected of abusing illicit or prescription drugs or alcohol while working;
(2) the protocol governing testing for illicit and prescription drugs and alcohol;
(3) what persons shall be considered reliable reporting parties for the purposes of this section;
(4) any disciplinary action, addiction interventions or fines pursuant to this section; and
(5) the definition of "direct care" for the purposes of this section.
D. When promulgating rules pursuant to Subsection D of this section, the department of health shall consult with representatives from:
(1) the New Mexico medical board;
(2) the board of nursing; and
(3) the New Mexico medical review commission.
E. For the purposes of this section:
(1) "health care provider" means any health care staff member who is licensed, certified or otherwise authorized or permitted by law to provide direct unsupervised health care to a patient;
(2) "illicit or prescription drug" means a substance listed in any of Schedules I through V of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978]; and
(3) "state health care facility" means a hospital, an entity providing services for the developmentally disabled, a shelter care home, a free-standing hospice or a home health agency that the department of health operates.
F. Results of drug tests made pursuant to the provisions of this section shall be treated as confidential medical information, and only aggregate test data shall be subject to review by the department of health.
G. A person who in good faith reports that a health care provider has been abusing illicit or prescription drugs or alcohol while working shall not be held liable for civil damages as a result of the report; provided that the health care provider reported as abusing illicit or prescription drugs or alcohol shall have the right to sue for damages sustained as a result of negligent or intentional reporting of inaccurate information or the disclosure of information to an unauthorized person.
History:
Laws 2011, ch. 90, § 1.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 90 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 9 - Executive Department › Article 7A - Department of Environment › Section 9-7A-1 - Short title.

Sections 1 through 12 [9-7A-1 to 9-7A-12 NMSA 1978] of this act may be cited as the "Department of Environment Act".
History:
Laws 1991, ch. 25, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 1991, ch. 25, § 38 contained an emergency clause and was approved March 29, 1991.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7A - Department of Environment › Section 9-7A-2 - Definitions.

As used in the Department of Environment Act:
A. "board" means the environmental improvement board;
B. "department" means the department of environment created under the Department of Environment Act; and
C. "secretary" means the secretary of environment.
History:
Laws 1991, ch. 25, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 1991, ch. 25, § 38 contained an emergency clause and was approved March 29, 1991.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7A - Department of Environment › Section 9-7A-3 - Purpose.

The purpose of the Department of Environment Act is to establish a single department to administer the laws and exercise the functions relating to the environment formerly administered and exercised by the health and environment department.
History:
Laws 1991, ch. 25, § 3.
ANNOTATIONS
Emergency clauses.
— Laws 1991, ch. 25, § 38 contained an emergency clause and was approved March 29, 1991.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7A - Department of Environment › Section 9-7A-4 - Department established.

There is created in the executive branch the "department of environment". The department shall be a cabinet department and shall include, but not be limited to, an information technology division and the programs and functions of the environmental improvement division. All references in the law to the environmental improvement agency or the environmental improvement division of the health and environment department shall be construed to mean the department. All references to the director of the environmental improvement division shall be construed to mean the secretary. The department shall consist of the staff of the environmental improvement division and such other powers, duties and personnel of the former health and environment department as may be assigned by the governor pursuant to executive order.
History:
Laws 1991, ch. 25, § 4; 2005, ch. 110, § 4.
ANNOTATIONS
Cross references.
— For environmental improvement generally,
see
Chapter 74 NMSA 1978.
For powers of environmental improvement department,
see
74-1-6 NMSA 1978 et seq.
For the Rural Infrastructure Act,
see
75-1-1 NMSA 1978 et seq.
The 2005 amendment,
effective June 17, 2005, creates the information technology division within the department of environment.