reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2B - Human Immunodeficiency Virus Tests › Section 24-2B-1 - Short title.

Chapter 24, Article 2B NMSA 1978 may be cited as the "Human Immunodeficiency Virus Test Act".
History:
Laws 1989, ch. 227, § 1; 1993, ch. 107, § 1.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, substituted "Chapter 24, Article 2B NMSA 1978" for "This act".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Child custody and visitation rights of person infected with AIDS, 86 A.L.R.4th 211.
Transmission or risk of transmission of human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) as basis for prosecution or sentencing in criminal or military discipline case, 13 A.L.R.5th 628.
Validity and propriety under circumstances, of court-ordered HIV testing, 87 A.L.R.5th 631.
The Propriety, under ERISA (29 USCS § 1001 et seq.) and the Americans With Disabilities Act (42 USCS § 12101 et seq.), of Capping Health Insurance Coverage for HIV-Related Claims, 131 A.L.R. Fed. 191.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2B - Human Immunodeficiency Virus Tests › Section 24-2B-2 - Informed consent.

No person shall perform a test designed to identify the human immunodeficiency virus or its antigen or antibody without first obtaining the informed consent of the person upon whom the test is performed, except as provided in Section 24-2B-5, 24-2B-5.1, 24-2B-5.2 or 24-2B-5.3 NMSA 1978. Informed consent shall be preceded by an explanation of the test, including its purpose, potential uses and limitations and the meaning of its results. Consent need not be in writing if there is documentation in the medical record that the test has been explained and the consent has been obtained. The requirement for full pre-test counseling may be waived under the following circumstances:
A. the performance of a prenatal test to determine if the human immunodeficiency virus or its antigen is present in a pregnant woman; provided that the woman, or her authorized representative, after having been informed of the option to decline the human immunodeficiency virus test, may choose not to have the human immunodeficiency virus test performed as a part of the routine prenatal testing if she or her authorized representative provides a written statement as follows:
"I am aware that a test to identify the human immunodeficiency virus or its antigen or antibody is a part of routine prenatal testing. However, I voluntarily and knowingly choose not to have the human immunodeficiency virus test performed.
_______________________________________________
(Name of patient or authorized representative)
_______________________________________________
(Signature and date)."; or
B. when human immunodeficiency virus testing is part of routine medical care.
History:
Laws 1989, ch. 227, § 2; 1993, ch. 107, § 2; 1996, ch. 80, § 7; 2000, ch. 36, § 1; 2007, ch. 108, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, provided that the requirement for immunodeficiency pre-test counseling may be waived if the human immunodeficiency virus test is part of routine medical care or if the test is performed as part of a routine prenatal test, unless the pregnant woman chooses not to have the test performed.
The 2000 amendment,
effective May 17, 2000, inserted "or 24-2B-5.3" in the first sentence.
The 1996 amendment,
effective July 1, 1996, inserted "or 24-2B-5.2 NMSA 1978" following "24-2B-5.1" and made a stylistic change in the first sentence.
The 1993 amendment,
effective June 18, 1993, substituted "24-2B-5 or 24-2B-5.1 NMSA 1978" for "6 of the Human Immunodeficiency Virus Test Act" in the first sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Damage action for HIV testing without consent of person tested, 77 A.L.R.5th 541.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2B - Human Immunodeficiency Virus Tests › Section 24-2B-3 - Substituted consent.

Informed consent shall be obtained from a legal guardian or other person authorized by law when the person is not competent. A minor shall have the capacity to give informed consent to have the human immunodeficiency virus test performed on himself.
History:
Laws 1989, ch. 227, § 3.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2B - Human Immunodeficiency Virus Tests › Section 24-2B-4 - Mandatory counseling.

No positive test result shall be revealed to the person upon whom the test was performed without providing or referring that person for individual counseling about:
A. the meaning of the test results;
B. the possible need for additional testing;
C. the availability of appropriate health care services, including mental health care, social and support services; and
D. the benefits of locating and counseling any individual by whom the infected person may have been exposed to the human immunodeficiency virus and any individual whom the infected person may have exposed to the human immunodeficiency virus.
History:
Laws 1989, ch. 227, § 4; 2013, ch. 72, § 1.
ANNOTATIONS
The 2013 amendment,
effective March 29, 2013, eliminated the requirement that a person upon whom a positive immunodeficiency virus test has been performed be provided or referred to counseling; and after "performed without", deleted "the person performing the test or the health facility at which the test was performed".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2B - Human Immunodeficiency Virus Tests › Section 24-2B-5 - Informed consent not required.

Informed consent for testing is not required and the provisions of Section 24-2B-2 NMSA 1978 do not apply for:
A. a health care provider or health facility performing a test on the donor or recipient when the health care provider or health facility procures, processes, distributes or uses a human body part, including tissue and blood or blood products, donated for a purpose specified under the Uniform Anatomical Gift Act [repealed] or for transplant recipients or semen provided for the purpose of artificial insemination and the test is necessary to ensure medical acceptability of a recipient or the gift or semen for the purposes intended;
B. the performance of a test in bona fide medical emergencies when the subject of the test is unable to grant or withhold consent and the test results are necessary for medical diagnostic purposes to provide appropriate emergency care or treatment, except that post-test counseling or referral for counseling shall nonetheless be required when the individual is able to receive that post-test counseling. Necessary treatment shall not be withheld pending test results;
C. the performance of a test for the purpose of research if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher; or
D. the performance of a test done in a setting where the identity of the test subject is not known, such as in public health testing programs and sexually transmitted disease clinics.
History:
Laws 1989, ch. 227, § 5; 2000, ch. 36, § 2; 2003, ch. 342, § 1; 2007, ch. 108, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2007, ch. 323, § 35 repealed the Uniform Anatomical Gift Act, effective July 1, 2007. For comparable provisions,
see
Chapter 24, Article 6B, the Jonathan Spradling Revised Uniform Anatomical Gift Act.
Cross references.
— For waiver of immunodeficiency virus test,
see
24-2B-2 NMSA 1978.
The 2007 amendment,
effective June 15, 2007, eliminated the waiver of informed consent for testing if the human immunodeficiency virus test is performed as part of routine medical care or as a routine prenatal test, unless the pregnant woman chooses not to have the test performed.
The 2003 amendment,
effective June 20, 2003, added Subsection E.
The 2000 amendment,
effective May 17, 2000, substituted "Section 24-2B-2 NMSA 1978" for "Section 1 of the Human Immunodeficiency Virus Test Act" in the preliminary language of the section, deleted former Subsection D, concerning the testing of health care workers, and redesignated former Subsection E as Subsection D.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2B - Human Immunodeficiency Virus Tests › Section 24-2B-5.3 - Informed consent not required; testing of persons who are source individuals.

A. As used in this section:
(1) "exposed individual" means a health care provider, first responder or other person, including an employee, volunteer or independent contracted agent of a health care provider or law enforcement agency, while acting within the scope of his employment; or a person who, while receiving services from a health care provider, is significantly exposed to the blood or other potentially infectious material of another person, when the exposure is proximately the result of the activity of the exposed individual or receipt of health care services from the source individual;
(2) "significantly exposed" means direct contact with blood or other potentially infectious material of a source individual in a manner that is capable of transmitting the human immunodeficiency virus; and
(3) "source individual" means a person whose blood or other potentially infectious material may have been or has been the source of a significant exposure.
B. A test designed to identify the human immunodeficiency virus or its antigen or antibody may be performed without the consent of a source individual when an exposed individual is significantly exposed.
C. If consent to perform a test on a source individual cannot be obtained pursuant to the provisions of Section 24-2B-2 or 24-2B-3 NMSA 1978, the exposed individual may petition the court to order that a test be performed on the source individual; provided that the same test shall first be performed on the exposed individual. The test may be performed on the source individual regardless of the result of the test performed on the exposed individual. If the exposed individual is a minor or incompetent, the parent or guardian may petition the court to order that a test be performed on the source individual.
D. The court may issue an order based on a finding of good cause after a hearing at which both the source individual and the exposed individual have the right to be present. The hearing shall be conducted within seventy-two hours after the petition is filed. The petition and all proceedings in connection with the petition shall be under seal. The test shall be administered on the source individual within three days after the order for testing is entered.
E. The results of the test shall be disclosed only to the source individual and the exposed or the exposed individual's parent or guardian. When the source individual or the exposed individual has a positive test result, both shall be provided with counseling as provided in Section 24-2B-4 NMSA 1978.
History:
1978 Comp., § 24-2B-5.3, enacted by Laws 2000, ch. 36, § 3.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2B - Human Immunodeficiency Virus Tests › Section 24-2B-7 - Disclosure statement.

No person to whom the results of a test have been disclosed may disclose the test results to another person except as authorized by the Human Immunodeficiency Virus Test Act. Whenever disclosure is made pursuant to that act, it shall be accompanied by a statement in writing that includes the following or substantially similar language: "This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of such information without the specific written consent of the person to whom such information pertains, or as otherwise permitted by state law. A person who makes an unauthorized disclosure of this information is guilty of a petty misdemeanor and shall be sentenced to imprisonment in the county jail for a definite term not to exceed six months or the payment of a fine of not more than five hundred dollars ($500), or both."
History:
Laws 1989, ch. 227, § 7; 1996, ch. 80, § 9.
ANNOTATIONS
The 1996 amendment,
effective July 1, 1996, added the second sentence to the quoted language and made a stylistic change in the second sentence.
Law reviews. —
For comment, "Sex, Lies, and Lawsuits: A New Mexico Physician's Duty to Warn Third Parties Who Unknowingly May Be At Risk of Contracting HIV From a Patient," see 26 N.M.L. Rev. 481 (1996).
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2B - Human Immunodeficiency Virus Tests › Section 24-2B-8 - Disclosure.

Nothing in the Human Immunodeficiency Virus Test Act shall be construed to prevent a person who has been tested from disclosing in any way to any other person his own test results. Any victim of an alleged criminal offense who receives information pursuant to Section 24-2B-5.2 NMSA 1978 may disclose the test results as is reasonably necessary to protect his health and safety or the health and safety of his family or sexual partner.
History:
Laws 1989, ch. 227, § 8; 1996, ch. 80, § 10.
ANNOTATIONS
The 1996 amendment,
effective July 1, 1996, substituted "Disclosure" for "Self-disclosure" in the section head and added the last sentence.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2B - Human Immunodeficiency Virus Tests › Section 24-2B-9 - Penalty.

A person who makes an unauthorized disclosure of the results of a test designed to identify the human immunodeficiency virus or its antigen or antibody is guilty of a petty misdemeanor and shall be sentenced to imprisonment in the county jail for a definite term not to exceed six months or the payment of a fine of not more than five hundred dollars ($500), or both.
History:
1978 Comp., § 24-2B-9, enacted by Laws 1996, ch. 80, § 11.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2C - Harm Reduction › Section 24-2C-1 - Short title.

Sections 1 through 6 [24-2C-1 to 24-2C-6 NMSA 1978] of this act may be cited as the "Harm Reduction Act".
History:
Laws 1997, ch. 256, § 1.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2C - Harm Reduction › Section 24-2C-2 - Repealed.

History:
Laws 1997, ch. 256, § 2; repealed by Laws 2022, ch. 4, § 5.
ANNOTATIONS
Repeals.
— Laws 2022, ch. 4, § 5 repealed 24-2C-2 NMSA 1978, as enacted by Laws 1997, ch. 256, § 2, relating to purpose, effective May 18, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2C - Harm Reduction › Section 24-2C-3 - Definitions.

As used in the Harm Reduction Act:
A. "department" means the department of health; and
B. "participant" means a person who receives supplies or devices or services provided by the harm reduction program.
History:
Laws 1997, ch. 256, § 3; 2022, ch. 4, § 1.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, revised the definition of "participant," and removed the definition of "program," as used in the Harm Reduction Act; in Subsection B, after "'participant'", deleted "or 'client'", and after "means", deleted "an intravenous drug user who exchanges a used hypodermic syringe, needle or other object used to inject controlled substances or controlled substance analogs into the human body for a sterile hypodermic syringe and needle in compliance with the procedure of the program; and" and added "a person who receives supplies or devices or services provided by the harm reduction program"; and deleted former Subsection C, which defined "program".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2C - Harm Reduction › Section 24-2C-5 - Program.

The harm reduction program shall provide participants with:
A. sterile hypodermic syringes and needles in exchange for used hypodermic syringes, needles or other objects used to inject controlled substances or controlled substance analogs into the human body;
B. other objects used to prepare or consume controlled substances or controlled substance analogs;
C. supplies or devices used for testing controlled substances or controlled substance analogs for potentially dangerous adulterants;
D. supplies or devices approved by the department for distribution in accordance with rules established pursuant to Subsection E of Section 24-2C-4 NMSA 1978;
E. education on the prevention of:
(1) the transmission of the human immunodeficiency virus and hepatitis B and C; and
(2) drug overdose mortality and other negative health outcomes; and
F. referral to substance abuse treatment services.
History:
Laws 1997, ch. 256, § 5; 2022, ch. 4, § 3.
ANNOTATIONS
The 2022 amendment,
effective May 18, 2022, amended the existing provision that required the harm reduction program to provide participants with sterile hypodermic syringes to include providing participants with other objects used to prepare or consume controlled substances, supplies or devices used for testing controlled substances for potentially dangerous adulterants, and supplies or devices as needed to prevent overdose and infection, and required that the program educate participants on prevention of drug overdose mortality and other negative health outcomes; in the introductory clause, after "The", added "harm reduction", and after "shall provide", added "participants with"; added new Subsections B through D and redesignated former Subsections B and C as Subsections E and F, respectively; in Subsection E, in the introductory clause, after "education", deleted "to participants" and after "on", added "the prevention of", added new paragraph designation "(1)" and Paragraph E(2), in Paragraph E(1), after "B and C", deleted "and prevention measures"; and in Subsection F, after "services", deleted "for participants".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2C - Harm Reduction › Section 24-2C-6 - Repealed.

History:
Laws 1997, ch. 256, § 6; repealed by Laws 2022, ch. 4, § 5.
ANNOTATIONS
Repeals.
— Laws 2022, ch. 4, § 5 repealed 24-2C-6 NMSA 1978, as enacted by Laws 1997, ch. 256, § 6, relating to immunity from criminal liability, effective May 18, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2D - Pain Relief › Section 24-2D-1 - Short title.

Chapter 24, Article 2D NMSA 1978 may be cited as the "Pain Relief Act".
History:
Laws 1999, ch. 126, § 1; 2019, ch. 94, § 1.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, changed "This act" to "Chapter 24, Article 2D NMSA 1978."
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2D - Pain Relief › Section 24-2D-3 - Disciplinary action; evidentiary requirements.

A. A health care provider who prescribes, dispenses or administers medical treatment for the purpose of relieving pain and who can demonstrate by reference to an accepted guideline that the provider's practice substantially complies with that guideline and with the standards of practice identified in Section 24-2D-4 NMSA 1978 shall not be disciplined pursuant to board action or criminal prosecution, unless the showing of substantial compliance with an accepted guideline by the health care provider is rebutted by clinical expert testimony. If no currently accepted guidelines are available, then rules issued by the board may serve the function of such guidelines for purposes of the Pain Relief Act. The board rules shall conform to the intent of that act. Guidelines established primarily for purposes of coverage, payment or reimbursement do not qualify as an "accepted guideline" when offered to limit treatment options otherwise covered within the Pain Relief Act.
B. In the event that a disciplinary action or criminal prosecution is pursued, the board or prosecutor shall produce clinical expert testimony supporting the finding or charge of violation of disciplinary standards or other legal requirements on the part of the health care provider. A showing of substantial compliance with an accepted guideline shall only be rebutted by clinical expert testimony.
C. The provisions of this section apply to health care providers in the treatment of pain, regardless of a patient's prior or current chemical dependency or addiction. Each board shall adopt rules establishing standards and procedures for the application of the Pain Relief Act, including pain management for patients with substance use disorders.
D. In an action brought by a board against a health care provider based on treatment of a patient for pain, the board shall consider the totality of the circumstances and shall not use as the sole basis of the action:
(1) a patient's age;
(2) a patient's diagnosis;
(3) a patient's prognosis;
(4) a patient's history of drug abuse;
(5) the absence of consultation with a pain specialist; or
(6) the quantity of medication prescribed or dispensed.
History:
Laws 1999, ch. 126, § 3; 2005, ch. 140, § 2; 2012, ch. 41, § 2.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, required the boards to adopt standards and procedures for pain management for patients with substance use disorders and in Subsection C, in the second sentence, after "Pain Relief Act, including", deleted "the care and treatment of chemically dependent individuals" and added the remainder of the sentence.
The 2005 amendment,
effective June 17, 2005, added Subsection D to provide that in an action brought by the board against a health care provider based on treatment of a patient for pain, the board shall not base its decision solely on the factors listed in Subsection D(1) through 6).
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2D - Pain Relief › Section 24-2D-4 - Disciplinary action; prohibitions.

Nothing in the Pain Relief Act shall prohibit discipline or prosecution of a health care provider for:
A. failing to maintain complete, accurate and current records documenting the physical examination and medical history of the patient, the basis for the clinical diagnosis of the patient and the treatment plan for the patient;
B. writing false or fictitious prescriptions for controlled substances scheduled in the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 or Sections 26-1-23 and 30-31-18 NMSA 1978;
C. prescribing, administering or dispensing pharmaceuticals in violation of the provisions of the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 or Sections 26-1-23 and 30-31-18 NMSA 1978; or
D. diverting medications prescribed for a patient to the provider's personal use or to other persons.
History:
Laws 1999, ch. 126, § 4.
ANNOTATIONS
Cross references.
— For the federal Comprehensive Drug Abuse Prevention and Control Act of 1970,
see
21 U.S.C. § 801 et seq.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2D - Pain Relief › Section 24-2D-5 - Notification.

The board shall notify the following persons of the Pain Relief Act and accepted guidelines:
A. health care providers under its jurisdiction; and
B. a health care provider being investigated by the board in relation to the provider's pain management practices.
History:
Laws 1999, ch. 126, § 5; 2012, ch. 41, § 3.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, provided for notice of the act and accepted guidelines; in the introductory sentence, after "The board shall", deleted "make reasonable efforts to" and after "notify", added "the following persons of the Pain Relief Act and accepted guidelines"; in Subsection A, after "its jurisdiction", deleted "of the existence of the Pain Relief Act and inform any" and added "and"; and in Subsection B, after "provider", added "being", after "investigated", added "by the board", after "provider's", added "pain management" and after "practices", deleted "in the management of pain of the existence of the act".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2D - Pain Relief › Section 24-2D-5.1 - Pain management continuing education.

A board shall require non-cancer pain management continuing education as determined by its rules for health care providers under the board's jurisdiction who hold a federal drug enforcement administration registration and licensure to prescribe opioids.
History:
Laws 2005, ch. 140, § 4; 2012, ch. 41, § 4.
ANNOTATIONS
The 2012 amendment,
effective May 16, 2012, required non-cancer pain management continuing education and after "A board shall", deleted "encourage" and added "require non-cancer", after "continuing education", added "as determined by its rules", after "by its rules for", deleted "all", after "health care providers", deleted "who have prescriptive authority and who treat patients with pain" and added the remainder of the sentence.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2D - Pain Relief › Section 24-2D-7 - Requirements for health care providers who prescribe, distribute or dispense opioid analgesics.

A. A health care provider who prescribes, distributes or dispenses an opioid analgesic for the first time to a patient shall advise the patient on the risks of overdose and inform the patient of the availability of an opioid antagonist. With respect to a patient to whom an opioid analgesic has previously been prescribed, distributed or dispensed by the health care provider, the health care provider shall advise the patient on the risks of overdose and inform the patient of the availability of an opioid antagonist on the first occasion that the health care provider prescribes, distributes or dispenses an opioid analgesic each calendar year.
B. A health care provider who prescribes an opioid analgesic for a patient shall co-prescribe an opioid antagonist if the amount of opioid analgesic being prescribed is at least a five-day supply. The prescription for the opioid antagonist shall be accompanied by written information regarding the temporary effects of the opioid antagonist and techniques for administering the opioid antagonist. That written information shall contain a warning that a person administering the opioid antagonist should call 911 immediately after administering the opioid antagonist, unless that person is a health care provider as provided in the Pain Relief Act.
History:
Laws 2019, ch. 94, § 3; 2023, ch. 102, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, modified the written warning that must be accompanied with a prescription for an opioid antagonist; and in Subsection B, after "opioid antagonist", added "unless that person is a health care provider as provided in the Pain Relief Act".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2E - Testing for Viral Hepatitis (Repealed.) › Section 24-2E-1 - Repealed.

History:
Laws 2001, ch. 136, § 1; repealed by Laws 2013, ch. 28, § 1.
ANNOTATIONS
Repealed.
— Laws 2013, ch. 28, § 1 repealed 24-2E-1 NMSA 1978, as enacted by Laws 2001, ch. 136, § 1, relating to testing of persons for hepatitis, consent not required, 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 2E - Testing for Viral Hepatitis (Repealed.) › Section 24-2E-2 - Repealed.

History:
Laws 2001, ch. 136, § 2; repealed by Laws 2013, ch. 28, § 2.
ANNOTATIONS
Repealed.
— Laws 2013, ch. 28, § 1 repealed 24-2E-2 NMSA 1978, as enacted by Laws 2001, ch. 136, § 2, relating to confidentiality, 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 2E - Testing for Viral Hepatitis (Repealed.) › Section 24-2E-3 - Repealed.

History:
Laws 2001, ch. 136, § 3; repealed by Laws 2013, ch. 28, § 1.
ANNOTATIONS
Repealed.
— Laws 2013, ch. 28, § 1 repealed 24-2E-3 NMSA 1978, as enacted by Laws 2001, ch. 136, § 3, relating to penalties, 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 3 - Sickle Cell Trait and Sickle Cell Anemia › Section 24-3-1 - Sickle cell trait and sickle cell anemia; education; diagnosis.

A. The health services division [public health division] of the health and environment department [department of health] shall provide by regulation procedures to establish, maintain, promote and effectuate a program designed to educate the general public and public and private school students regarding the nature and inheritance of sickle cell trait and sickle cell anemia. The division shall consult and advise the state board of education [public education department] concerning development and use of informational and educational materials relating to sickle cell trait and sickle cell anemia.
B. The health services division [public health division] of the health and environment department [department of health] shall provide by regulation for diagnosis of sickle cell trait and sickle cell anemia. Regulations shall provide for, among other things:
(1) the making available to all physicians by the health services division [public health division] of current information concerning the nature, effects, diagnosis and treatment of sickle cell trait and sickle cell anemia;
(2) the testing of all school-age children who may be susceptible to sickle cell trait and sickle cell anemia, at least once, as a part of the school health program; and
(3) the making available without cost to any person unable to afford the services of a physician, tests to diagnose sickle cell trait and sickle cell anemia.
History:
1953 Comp., § 12-3-45, enacted by Laws 1973, ch. 300, § 1; 1977, ch. 253, § 25.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department and enacted a new 9-7-4 NMSA 1978 which created the department of health. Section 9-7-5 NMSA 1978, as amended by Laws 1991, ch. 25, § 17, made the secretary of health the administrative head of the department.
Laws 2004, ch. 27, § 27 provided that all references in law to the state board of education shall be deemed to be references to the public education department.
Subsection B of 9-7-4 NMSA 1978 provided that all references to the "health services division" shall be construed to be references to the "public health division".
Cross references.
— For education and testing relating to phenylketonuria,
see
24-1-6 NMSA 1978.
For public education department,
see
Chapter 9, Article 24 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 3A - Certificates of Need for New Health Services (Repealed.) › Section 24-3A-1 to 24-3A-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 300, § 9 repealed 24-3A-1 to 24-3A-13 NMSA 1978, as enacted by Laws 1978, Chapter 104, the Certificate of Need Act, effective July 1, 1983.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 3B - Department of Health Education › Section 24-3B-1 - Short title.

Chapter 24, Article 3B NMSA 1978 may be cited as the "Department of Health Education Act".
History:
1978 Comp., § 24-3B-1, enacted by Laws 1978, ch. 211, § 1; 1991, ch. 25, § 27.
ANNOTATIONS
The 1991 amendment,
effective March 29, 1991, rewrote this section, which read "The provisions of Sections 1 through 4 may be cited as the 'Health and Environment Department Education Act'".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 3B - Department of Health Education › Section 24-3B-2 - Definitions.

As used in the Department of Health Education Act:
A. "department" means the department of health;
B. "educational appraisal and review committee" means the educational appraisal and review committee as defined in the special education regulations of the state board of education [public education department];
C. "evaluated school-age resident" means a school-age resident who has been evaluated by the department according to the state board of education [public education department] special education regulations;
D. "fund" means the department of health education fund;
E. "institution-bound resident" means an evaluated school-age resident who is not enrolled in a public school;
F. "referred school-age resident" means an evaluated school-age resident who has been referred to a school district for enrollment;
G. "school-age resident" means a school-age person as defined in Section 22-1-2 NMSA 1978 who is a client as defined in Section 43-1-3 NMSA 1978 in a state institution under the authority of the secretary; and
H. "secretary" means the secretary of health.
History:
1978 Comp., § 24-3B-2, enacted by Laws 1978, ch. 211, § 2; 1991, ch. 25, § 28.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 27, § 27 provided that all references in law to the state board of education shall be deemed to be references to the public education department.
Cross references.
— For public education department,
see
Chapter 9, Article 24 NMSA 1978.
The 1991 amendment,
effective March 29, 1991, added the catchline and substituted "Department of Health Education Act" for "Health and Environment Department Education Act" in the introductory phrase, "department of health" for "health and environment department as created under the Health and Environment Department Act" in Subsection A, "department of health" for "health and environment department" in Subsection D, "22-1-2 NMSA 1978" for "77-1-2 NMSA 1953" and "43-1-3 NMSA 1978" for "34-2A-2 NMSA 1953" in Subsection G and "health" for "the department" in Subsection H.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 3B - Department of Health Education › Section 24-3B-3 - Education of school age residents.

A. All school age residents shall be evaluated by the department for purposes of educational placement according to the special education regulations of the state board of education [public education department].
B. Any evaluated school age resident not recommended for placement in a public school by the department or as a result of the appeal process shall be provided an educational program by the institution in which he is a school age resident. All such educational programs shall be in accordance with the special education regulations of the state board of education [public education department].
C. The department shall refer any evaluated school age resident who has been recommended for placement in a public school to a school district for enrollment.
D. The educational appraisal and review committee of a school district shall evaluate and recommend placement of all referred school age residents according to the placement process as provided in the special education regulations of the state board of education [public education department]. A school district shall enroll all referred school age residents who have been recommended for placement in a public school by the educational appraisal and review committee of the school district.
E. The department may appeal any recommendation to not place a referred school age resident in a public school only if such recommendation is made by the educational appraisal and review committee of the school district where the institution, in which the referred school age resident is a client, is located. The appeal process shall be as provided in the special education regulations of the state board of education [public education department]. Any referred school age resident who has been recommended for placement in a public school as a result of the appeal process shall be enrolled in the school district where the institution, in which the referred school age resident is a client, is located, as provided in Paragraph (2), Subsection C of Section 22-12-4 NMSA 1978 [repealed].
F. All school age residents who are enrolled in a public school shall be counted in the special education membership of the school district.
G. Transportation for all school age residents enrolled in a public school shall be provided to and from the institution in which they are clients and the public school in which they are enrolled. Such transportation shall be provided in accordance with Section 22-8-2 and Sections 22-16-1 through 22-16-10 NMSA 1978.
History:
1978 Comp., § 24-3B-2 enacted by Laws 1978, ch. 211, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2019, ch. 223, § 17 repealed 22-12-4 NMSA 1978, effective June 14, 2019.
Laws 2004, ch. 27, § 27 provided that all references in law to the state board of education shall be deemed to be references to the public education department.
Cross references.
— For public education department,
see
Chapter 9, Article 24 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 3B - Department of Health Education › Section 24-3B-4 - Fund created; use; calculation.

A. There is created the "health and environment department education fund" in the state treasury.
B. The fund shall be used solely to provide educational services to institution-bound residents of the state institutions under the authority of the secretary.
C. The secretary shall distribute the fund to institutions under his authority within limits established by law.
D. The secretary shall determine the allocation to each institution from the fund according to the annual program cost of that institution as calculated on September 15 of the fiscal year.
E. The annual program cost for each institution shall be determined by the following calculation:
number of
institution-bound
residents
x 3.9 x
dollar value
per
program unit
=
annual
program
cost
F. The dollar value per program unit shall be the same as the dollar value per program unit as established by the legislature for the state equalization guarantee.
G. Each director of each state institution under the authority of the secretary shall submit annually, on or before October 15, to the secretary an estimate for the succeeding fiscal year of the number of institution-bound residents and any other information necessary to calculate annual program cost.
H. The secretary shall submit annually, on or before November 15, to the department of finance and administration the recommendations of the department regarding the fund for the succeeding fiscal year, for inclusion in the executive budget document.
History:
1978 Comp., § 24-3B-4, enacted by Laws 1978, ch. 211, § 4.
ANNOTATIONS
Cross references.
— For state equalization guarantee distributions,
see
22-8-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 4 - District Health Officers › Section 24-4-1 - District health officer; compensation; private practice prohibited; exception.

Each district health officer shall receive the salary prescribed for such position by the state personnel board. The salary shall constitute full authority for the district health officers and they shall receive no other salary payment or fees from any other public source. No district health officer shall engage in the private practice of medicine, maintain an office for the practice of medicine, nor accept nor receive any fee, gratuity or emolument of any form for rendering medical or surgical service to any citizen of this state, except that permission for such practice may be given by the secretary of the health and environment department [secretary of health] in any district, the board of which has declared an emergency to exist.
History:
Laws 1935, ch. 131, § 6; 1941 Comp., § 71-206; Laws 1947, ch. 172, § 4; 1953 Comp., § 12-2-6; Laws 1957, ch. 174, § 3; 1973, ch. 4, § 8; 1977, ch. 253, § 17; 1980, ch. 81, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department and enacted a new 9-7-4 NMSA 1978 which created the department of health. Section 9-7-5 NMSA 1978, as amended by Laws 1991, ch. 25, § 17, made the secretary of health the administrative head of the department.
Cross references.
— For appointment and establishment of powers and duties of district health officers and assistants,
see
24-1-4 NMSA 1978.
For state personnel board,
see
10-9-8 NMSA 1978.
Section prohibits district health officers from engaging in the practice of medicine
except in conjunction with their duties as health officers. 1953 Op. Att'y Gen. No. 53-5753.
Acceptance of payment for services.
— Where the board has not declared a state of emergency to exist in the district, the district health officer may not accept payment for his services since such would constitute the private practice of medicine and the receipt of a "fee, gratuity or emolument" for rendering medical or surgical services. 1957 Op. Att'y Gen. No. 57-117.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Health § 8 et seq.
39A C.J.S. Health and Environment §§ 9 to 15.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5 - Immunization › Section 24-5-1 - Immunization regulations.

The public health division of the department of health shall, after consultation with the state board of education [public education department], promulgate rules and regulations governing the immunization against diseases deemed to be dangerous to the public health, to be required of children attending public, private, home or parochial schools in the state. The immunizations required and the manner and frequency of their administration shall conform to recommendations of the advisory committee on immunization practices of the United States department of health and human services and the American academy of pediatrics. The public health division shall supervise and secure the enforcement of the required immunization program.
History:
1953 Comp., § 12-3-4.1, enacted by Laws 1959, ch. 329, § 1; 1977, ch. 253, § 20; 1985, ch. 21, § 5; 1998, ch. 26, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the state board of education shall be deemed references to the public education department.
See
9-24-15 NMSA 1978.
Cross references.
— For department of health,
see
9-7-4 NMSA 1978.
For public education department,
see
Chapter 9, Article 24 NMSA 1978.
The 1998 amendment,
effective May 20, 1998, in the first sentence, substituted "public health" for "health services", deleted "health and environment" following "division of the", and inserted "of health" near the beginning; substituted the language beginning with "recommendations of the advisory committee" for "recognized standard medical practice in the state" in the second sentence; and substituted "public health" for "health services" in the last sentence.
Claim for defective design of vaccine.
— The Public Health Service Act, 42 U.S.C. § 201 et seq., and the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq., and the regulations promulgated thereunder, do not impliedly preempt a state common-law products liability claim for defective design of a pertussis vaccine.
MacGillivray v. Lederle Lab. Div.
, 667 F. Supp. 743 (D.N.M. 1987).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Health § 27; 68 Am. Jur. 2d Schools §§ 277 to 280.
Products liability: Pertussis vaccine manufacturers, 57 A.L.R.4th 911, 98 A.L.R. Fed. 124.
AIDS infection as affecting right to attend public school, 60 A.L.R.4th 15.
Power of court or other public agency to order vaccination over parental religious objection, 94 A.L.R.5th 613.
39A C.J.S. Health and Environment §§ 18, 22; 79 C.J.S. Schools and School Districts §§ 452, 453.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5 - Immunization › Section 24-5-2 - Unlawful to enroll in school unimmunized; unlawful to refuse to permit immunization.

It is unlawful for any student to enroll in school unless he has been immunized, as required under the rules and regulations of the health services division [public health division] of the health and environment department [department of health], and can provide satisfactory evidence of such immunization. Provided that, if he produces satisfactory evidence of having begun the process of immunization, he may enroll and attend school as long as the immunization process is being accomplished in the prescribed manner. It is unlawful for any parent to refuse or neglect to have his child immunized, as required by this section, unless the child is properly exempted.
History:
1953 Comp., § 12-3-4.2, enacted by Laws 1959, ch. 329, § 2; 1975, ch. 25, § 1; 1977, ch. 253, § 21.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department and enacted a new 9-7-4 NMSA 1978, which created the department of health. Section 9-7-5 NMSA 1978, as amended by Laws 1991, ch. 25, § 17, made the secretary of health the administrative head of the department.
Subsection B of 9-7-4 NMSA 1978 provided that all references to the "health services division" shall be construed to be references to the "public health division".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5 - Immunization › Section 24-5-3 - Exemption from immunization.

A. Any minor child through the child's parent or guardian may file with the health authority charged with the duty of enforcing the immunization laws:
(1) a certificate of a licensed physician, a physician assistant or a certified nurse practitioner stating that the physical condition of the child is such that immunization would seriously endanger the life or health of the child;
(2) an affidavit or written affirmation from an officer of a recognized religious denomination that the child's parents or guardians are bona fide members of a denomination whose religious teaching requires reliance upon prayer or spiritual means alone for healing; or
(3) an affidavit or written affirmation from the child's parent or legal guardian that the parent's or legal guardian's religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agent.
B. Upon filing and approval of such certificate, affidavit or affirmation, the child is exempt from the legal requirement of immunization for a period not to exceed nine months on the basis of any one certificate, affidavit or affirmation.
History:
1953 Comp., § 12-3-4.3, enacted by Laws 1959, ch. 329, § 3; 1979, ch. 42, § 1; 2023, ch. 94, § 1.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, allowed physician assistants or certified nurse practitioners to certify that immunization is detrimental to the physical condition of a child; and in Subsection A, Paragraph A(1), after "licensed physician", added "a physician assistant or a certified nurse practitioner".
Section is controlling as to children
attending public, private or parochial schools. 1962 Op. Att'y Gen. No. 62-05.
Chiropractors do not qualify as physicians
for the purposes intended by this section. 1959 Op. Att'y Gen. No. 59-96.