reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-4.1 - Certified nurse-midwives; prescriptive, distributing and administering authority.

A. Certified nurse-midwives who have fulfilled requirements for prescriptive authority may prescribe in accordance with rules, regulations, guidelines and formularies for individual certified nurse-midwives promulgated by the department of health.
B. As used in this section, "prescriptive authority" means the ability of the certified nurse-midwife to practice independently, serve as a primary care provider and as necessary collaborate with licensed medical doctors or osteopathic physicians. Certified nurse-midwives who have fulfilled requirements for prescribing drugs may prescribe, distribute and administer to their patients dangerous drugs, including controlled substances included in Schedules II through V [30-31-7 to 30-31-10 NMSA 1978] of the Controlled Substances Act [Chapter 30 NMSA 1978], that have been prepared, packaged or fabricated by a licensed pharmacist or doses of drugs that have been prepackaged by a pharmaceutical manufacturer in accordance with the Pharmacy Act [Chapter 61, Article 11 NMSA 1978] and New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978].
History:
Laws 1997, ch. 253, § 1.
ANNOTATIONS
Cross references.
— For Insurance Code provisions relating to freedom of choice of hospital and practitioner,
see
59A-22-32 NMSA 1978.
For qualifications and scope of practice of certified nurse practitioners,
see
61-3-23.2 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-5.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 105, § 4 repealed 24-1-5.1 NMSA 1978, as enacted by Laws 1981, ch. 171, § 11, relating to health and safety certification of foster homes, effective July 1, 1990. For provisions of former section,
see
the 1989 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-5.3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 88, § 2 repealed 24-1-5.3 NMSA 1978, as enacted by Laws 1990, ch. 97, § 3, relating to immediate care facilities for the mentally retarded, licensure moratorium, effective July 1, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
.
Laws 1997, ch. 217, § 1 amended 24-1-5.3 NMSA 1978, effective June 20, 1997. However, Laws 1995, ch. 88, § 2 repealed the section effective July 1, 1997.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-5.4 - Repealed.

History:
Laws 1997, ch. 217, § 2; repealed by Laws 2023, ch. 113, § 13.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 113, § 13 repealed 24-1-5.4 NMSA 1978, as enacted by Laws 1997, ch. 217, § 2, relating to plan of growth, requirements, reporting, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-5.5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998 (1st S.S.), ch. 1, § 2 repealed 24-1-5.5 NMSA 1978, as enacted by Laws 1998 (1st S.S.), ch. 1, § 1, relating to a licensure moratorium for intermediate care facilities for the mentally retarded, effective July 1, 2000. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-5.6 - Northern New Mexico substance abuse treatment pilot project.

A. The department of health shall establish the northern New Mexico substance abuse treatment pilot project.
B. The northern New Mexico substance abuse treatment pilot project shall provide substance abuse treatment in Rio Arriba and Santa Fe counties.
C. Currently accepted treatment practices shall be used in the northern New Mexico substance abuse treatment pilot program [project].
D. The department of health shall seek federal funding to support and supplement the northern New Mexico substance abuse treatment pilot project.
E. The department of health shall report to the legislature annually by December 1 on the progress of the northern New Mexico substance abuse treatment pilot project.
F. The department of health shall coordinate with the human services department [health care authority department] to determine whether any patient who participates in the northern New Mexico substance abuse treatment pilot project is eligible to receive temporary assistance for needy families pursuant to the New Mexico Works Act [Chapter 27, Article 2B NMSA 1978].
History:
Laws 1999 (1st S.S.), ch. 8, § 1.
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.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-5.7 - Methadone clinics; regulation by the human services department [health care authority department].

A. The federal government requires the state to approve the establishment of all new methadone clinics. In an effort to maintain compliance with the federal requirement, the human services department [health care authority department] shall regulate the establishment and continuance of methadone clinics in New Mexico in accordance with its powers and duties.
B. In regulating methadone clinics, the human services department [health care authority department] shall perform an assessment of the need for clinics and develop clinical and administrative standards as required by federal law. The human services department [health care authority department] may consider other factors it deems necessary to ensure the provision of drug abuse treatment services and the protection of the health and safety of New Mexico residents.
C. For the purposes of this section, "methadone clinic" means a public or private facility that dispenses methadone for the detoxification treatment or maintenance treatment of narcotic addicts.
History:
Laws 2003, ch. 190, § 1; 2007, ch. 325, § 7.
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 2007 amendment,
effective June 15, 2007, changed "department of health" to "human services department"; eliminated the provision that the department is the state's public health agency and drug abuse agency; and changed "New Mexico citizens" to "New Mexico residents".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-5.8 - Legislative findings; licensing requirements for certain hospitals.

A. The legislature finds that:
(1) acute care general hospitals throughout New Mexico operate emergency departments and provide vital emergency medical services to patients requiring immediate medical care; and
(2) federal and state laws require hospitals that operate an emergency department to provide certain emergency services and care to any person, regardless of that person's ability to pay. Accordingly, these hospitals encounter significant financial losses when treating uninsured or underinsured patients.
B. As used in this section:
(1) "limited service hospital" means a hospital that limits admissions according to medical or surgical specialty, type of disease or medical condition, or a hospital that limits its inpatient hospital services to surgical services or invasive diagnostic and treatment procedures; provided, however, that a "limited service hospital" does not include:
(a) a hospital licensed by the department as a special hospital;
(b) an eleemosynary hospital that does not bill patients for services provided; or
(c) a hospital that has been granted a license prior to January 1, 2003;
(2) "department" means the department of health; and
(3) "low-income patient" means a patient whose family or household income does not exceed two hundred percent of the federal poverty level.
C. The department shall issue a license to an acute-care or general hospital or a limited services hospital that agrees to:
(1) continuously maintain and operate an emergency department that provides emergency medical services as determined by the department;
(2) participate in the medicaid, medicare and county indigent care programs;
(3) require a physician owner to disclose a financial interest in the hospital before referring a patient to the hospital;
(4) comply with the same quality standards applied to other hospitals;
(5) provide emergency services and general health care to nonpaying patients and low-income reimbursed patients in the same proportion as the patients are treated in acute-care general hospitals in the local community, as determined by the department in consultation with a statewide hospital organization, the government of the county in which the facilities are located and the affected hospitals; provided that:
(a) a hospital may appeal the determination of the department pursuant to Section 39-3-1.1 NMSA 1978; and
(b) the annual cost of the care required to be provided pursuant to this paragraph shall not exceed an amount equal to five percent of the hospital's annual revenue; and
(6) require a health care provider to disclose a financial interest before referring a patient to the hospital.
History:
Laws 2003, ch. 426, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2003, ch. 426, § 2 contained an emergency clause and was approved April 8, 2003.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-5.9 - Reporting requirements.

A. A hospital, a long-term care facility or a primary care clinic shall provide information sufficient for the secretary to make a reasonable assessment based on clear and convincing evidence of its financial viability, sustainability and potential impact on health care access. Information provided to the secretary pursuant to this section shall remain confidential, is exempt from the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978], unless disclosure or use is mandated by the state or federal law, and shall not be used as a basis for suspension, revocation or issuance of a license. The hospital, long-term care facility or primary care clinic shall provide this information to the secretary at least sixty days before the anticipated effective date of a proposed licensure, closure, disposition or acquisition of the hospital, the long-term care facility or the primary care clinic or its essential services.
B. The secretary shall issue a notice of finding to the facility within sixty days of receiving information from the facility.
C. For the purposes of this section:
(1) "hospital" means a facility providing emergency or urgent care, inpatient medical care and nursing care for acute illness, injury, surgery or obstetrics. "Hospital" includes a facility licensed by the department as a critical access hospital, general hospital, long-term acute care hospital, psychiatric hospital, rehabilitation hospital, limited services hospital and special hospital;
(2) "long-term care facility" means a nursing home licensed by the department to provide intermediate or skilled nursing care; and
(3) "primary care clinic" means a community-based clinic that provides the first level of basic or general health care for an individual's health needs, including diagnostic and treatment services and, if integrated into the clinic's service array, mental health services.
History:
Laws 2004, ch. 44, § 2 and Laws 2004, ch. 50, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 2004, ch. 44, § 2 and Laws 2004, ch. 50, § 2 enacted identical new sections of law, effective May 19, 2004. The section was set out as enacted by Laws 2004, ch. 50, § 2.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-5.10 - Federal participation required; exception.

A. Except as provided in Subsection B of this section, all programs, clinics, hospitals and other health-related centers and entities, including those identified by the human services department [health care authority department] pursuant to Paragraph (3) of Subsection A of Section 27-2-12.13 NMSA 1978, that are eligible under Section 340B of the federal Public Health Service Act, including hospitals and clinics licensed under the state Public Health Act, shall participate in that Section 340B federal prescription drug price discount program.
B. If an entity described in Subsection A of this section can demonstrate to the satisfaction of the department of health that the prescription drug price discount it receives other than through the Section 340B program results in greater savings to the state, the entity may be granted an exception to the requirements of this section.
History:
Laws 2004, ch. 47, § 1.
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.
Cross references.
— For Section 340B of the federal Public Health Service Act,
see
42 U.S.C., §340B.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-5.11 - Medication-assisted treatment for the incarcerated program fund; created.

A. The "medication-assisted treatment for the incarcerated program fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The human services department [health care authority department] shall administer the fund, and money in the fund is appropriated to the human services department [health care authority department] to assist all counties that operate correctional facilities to establish and operate medication-assisted treatment programs for people who are incarcerated in county correctional facilities. Disbursements from the fund shall be made by warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary of human services.
B. No later than December 1, 2023, the human services department [health care authority department] shall promulgate rules for the operation of medication-assisted treatment programs in correctional facilities in consultation with the corrections department, county corrections administrators and providers who specialize in substance use disorder treatment and have experience working in corrections settings.
C. Beginning October 1, 2023 and annually thereafter, the human services department [health care authority department] and the corrections department shall report to the interim legislative health and human services committee and the legislative finance committee on the establishment and operation of medication-assisted treatment programs in correctional facilities.
D. The corrections department shall:
(1) expand and continue to operate currently existing medication-assisted treatment programs for people who are incarcerated in a state correctional facility;
(2) by December 31, 2025, establish and operate a medication-assisted treatment program to continue medication-assisted treatment for incarcerated people with a prescription who are booked into a state correctional facility; and
(3) by the end of fiscal year 2026, offer medication-assisted treatment to all people who are incarcerated in state correctional facilities and in need of medication-assisted treatment.
E. As used in this section:
(1) "correctional facility" means a prison or other detention facility, whether operated by a government or private contractor, that is used for confinement of adult persons who are charged with or convicted of a violation of a law or an ordinance; and
(2) "medication-assisted treatment" means the use of federal food and drug administration-approved prescription drugs for the treatment of substance use disorder.
History:
Laws 2023, ch. 49, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-5.12 - Rural emergency hospital licensure; licensing requirements.

A. The department shall promulgate rules to establish a rural emergency hospital license that enables certain hospitals to apply to receive federal health care reimbursement as rural emergency hospitals.
B. The department shall only issue a rural emergency hospital license to a health facility that:
(1) on December 27, 2020, was:
(a) designated as a critical access hospital by the centers for medicare and medicaid services; or
(b) licensed as a hospital with less than fifty licensed beds and located in a county in a rural area as defined in Section 1886(d)(2)(D) or Section 1886(d)(8)(E) of the federal Social Security Act;
(2) provides rural emergency hospital services in the facility twenty-four hours per day and is staffed twenty-four hours per day, seven days per week with a physician, nurse practitioner, clinical nurse specialist or physician assistant;
(3) has a transfer agreement in effect with a level I or level II trauma center;
(4) does not have an annual average patient length of stay over twenty-four hours; and
(5) meets any other requirements that the department finds necessary to implement state licensure and satisfy centers for medicare and medicaid services requirements for reimbursement as a rural emergency hospital.
C. A health facility that applies to the department for licensure as a rural emergency hospital shall include with the licensure application:
(1) an action plan for initiating rural emergency hospital services, including a detailed transition plan that lists the specific services that the facility will retain, modify, add and discontinue;
(2) a description of services that the facility intends to provide on an outpatient basis; and
(3) any other information required by rules of the department.
D. A rural emergency hospital shall not have inpatient beds, but a rural emergency hospital may have a unit that is a distinct part of the hospital that is licensed as a skilled nursing facility and provides post-hospital extended care services.
E. For the purposes of this section:
(1) "department" means the department of health; and
(2) "rural emergency hospital" means a health facility that provides emergency and observational care and meets the licensure requirements outlined in Subsection B of this section.
History:
Laws 2023, ch. 109, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 109 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-6.1 - Newborn hearing testing required; department of health.

By July 1, 2001, the department of health shall adopt rules to require that infants born in health facilities licensed by the department shall be screened for hearing sensitivity prior to being discharged. The rules shall also require the testing of newborns brought to licensed health facilities after birth who have not received a hearing sensitivity screening and notification to the parents of all screened infants of the results of the hearing sensitivity screening. Nothing in this section shall be construed to require screening for hearing sensitivity of a newborn infant if the infant's parents object to the screening on the grounds that it conflicts with their religious beliefs.
History:
Laws 2001, ch. 82, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2001, ch. 82, § 2 contained an emergency clause and was approved April 2, 2001.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-7 - Sexually transmitted infections; reports of cases.

A. The department shall make available a list of sexually transmitted infections for which reporting is required.
B. Reports of sexually transmitted infections shall be made in accordance with department rules.
C. Every health care provider that makes a diagnosis of, treats or prescribes for or otherwise has knowledge of a case of sexually transmitted infection for which reporting is required by department rules shall report the case immediately.
D. As used in this section, "health care provider" means:
(1) a person licensed to provide health care in the ordinary course of business;
(2) a superintendent or manager of a health care clinic;
(3) a dispensary, a charitable or penal institution or a municipal or county detention center; or
(4) a laboratory that performs testing for sexually transmitted infections.
History:
1953 Comp., § 12-34-7, enacted by Laws 1973, ch. 359, § 7; 1993, ch. 341, § 1; 1978 Comp., § 24-1-7, repealed and reenacted by Laws 2017, ch. 87, § 8.
ANNOTATIONS
Repeals and reenactments.
— Laws 2017, ch. 87, § 8 repealed former 24-1-7 NMSA 1978 and enacted a new section, effective June, 16, 2017.
The 1993 amendment,
effective July 1, 1993, substituted "sexually transmitted" for "venereal" in the catchline and "a sexually transmitted" for "venereal" throughout the section, and made a stylistic change in Subsection A.
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).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Health § 62.
Requiring submission to physical examination or test as violation of constitutional rights, 25 A.L.R.2d 1407.
Tort liability for infliction of venereal disease, 40 A.L.R.4th 1089.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-8 - Repealed.

History:
1953 Comp., § 12-34-8, enacted by Laws 1973, ch. 359, § 8; 1993, ch. 341, § 2; repealed by Laws 2017, ch. 87, § 31.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 87, § 31 repealed 24-1-8 NMSA 1978, as enacted by Laws 1973, ch. 359, § 8, relating to communication regarding sexually transmitted diseases, effective June 16, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-9 - Capacity to consent to examination, preventive care and treatment for a sexually transmitted infection.

Any person regardless of age has the capacity to consent to an examination, preventive care and treatment by a licensed health care provider for any sexually transmitted infection.
History:
1953 Comp., § 12-34-9, enacted by Laws 1973, ch. 359, § 9; 1993, ch. 341, § 3; 2017, ch. 87, § 9; 2023, ch. 99, § 6.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided that any person, regardless of age, has the capacity to consent to preventive care by a licensed health care provider for any sexually transmitted infection; in the section heading, added "preventive care"; and after "consent to an examination", added "preventive care".
The 2017 amendment,
effective June 16, 2017, made technical changes; in the catchline, deleted "disease" and added "infection", after "by a licensed", deleted "physician" and added "health care provider", and after "transmitted", deleted "disease" and added "infection".
The 1993 amendment,
effective July 1, 1993, substituted "a sexually transmitted" for "venereal" in the catchline and "sexually transmitted" for "venereal" near the end of the section.
Law reviews.
— For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-9.1 - Sexually transmitted infections; testing of persons convicted of certain criminal offenses.

A. A test designed to identify any sexually transmitted infection may be performed on an offender convicted pursuant to state law of any criminal offense:
(1) involving contact between the penis and the vulva;
(2) involving contact between the penis and anus;
(3) involving contact between the mouth and penis;
(4) involving contact between the mouth and vulva;
(5) involving contact between the mouth and anus; or
(6) when the court determines from the facts of the case that there was a transmission or likelihood of transmission of bodily fluids from the offender to the victim of the criminal offense.
B. When consent to perform a test on an offender cannot be obtained, the victim of a criminal offense described in Subsection A of this section may petition the court to order that a test be performed on the offender. When the victim of the criminal offense is a minor or incompetent, the parent or legal guardian of the victim may petition the court to order that a test be performed on the offender. The court shall order and the test shall be administered to the offender within ten days after the petition is filed by the victim or the victim's parent or guardian. Except for disclosures made pursuant to Section 24-1-7 NMSA 1978, the results of the test shall be disclosed only to the offender and to the victim or the victim's parent or legal guardian.
History:
1978 Comp., § 24-1-9.1, enacted by Laws 1993, ch. 341, § 4; 2017, ch. 87, § 10.
ANNOTATIONS
The 2017 amendment,
effective June, 16, 2017, provided an exception to the disclosure provision; in the catchline, deleted "diseases" and added "infections"; in Subsection A, in the introductory clause, after "transmitted", deleted "disease" and added "infection"; and in Subsection B, after "offense is a minor or", deleted "an", after "filed by the victim", deleted "his" and added "or the victim's", and added "Except for disclosures made pursuant to Section 24-1-7 NMSA 1978".
Law reviews.
— For note, "Tort Law Turning Blood Into Whine: 'Fear of AIDS' as a Cognizable Cause of Action in New Mexico Madrid v. Lincoln County Medical Center," see 28 N.M.L. Rev. 165 (1998).
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-9.3 - Sexually transmitted infections; mandatory counseling.

No positive test result for a sexually transmitted infection shall be revealed to the person upon whom the test was performed without the person performing the test or the health facility at which the test was performed 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 services and support services; and
D. the benefits of locating and counseling any individual by whom the infected person may have been exposed to the sexually transmitted infection and any individual whom the infected person may have exposed to the sexually transmitted infection.
History:
1978 Comp., § 24-1-9.3, enacted by Laws 1996, ch. 80, § 2; 2017, ch. 87, § 12.
ANNOTATIONS
The 2017 amendment,
effective June, 16, 2017, replaced "disease" or "diseases" with "infection" or "infections" throughout the section; and in Subsection C, after "social", added "services".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-9.5 - Repealed.

History:
1978 Comp., § 24-1-9.5, enacted by Laws 1996, ch. 80, § 4; repealed by Laws 2017, ch. 87, § 31.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 87, § 31 repealed 24-1-9.5 NMSA 1978, as enacted by Laws 1996, ch. 80, § 4, relating to sexually transmitted diseases, disclosure statement, effective June 16, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-9.6 - Sexually transmitted infections; disclosure.

A. A victim of a criminal offense or an alleged criminal offense who receives information pursuant to Section 24-1-9.1 or 24-1-9.2 NMSA 1978 may disclose the offender's or alleged offender's test results to the victim's health care provider as is reasonably necessary to protect the victim's health and safety or the health and safety of the victim's family or sexual partner.
B. Nothing in this section shall be construed to prevent a person who has been tested from disclosing in any way to any other person that person's own test results.
History:
1978 Comp., § 24-1-9.6, enacted by Laws 1996, ch. 80, § 5; 2017, ch. 87, § 14.
ANNOTATIONS
The 2017 amendment,
effective June, 16, 2017, authorized certain disclosures when a person convicted of a criminal offense or alleged to have committed a criminal offense has been tested for sexually transmitted infections; in the catchline, deleted "diseases" and added "infections"; designated the formerly undesignated first paragraph as Subsection A; in Subsection A, after "victim of", added "a criminal offense or", after "Section", added "24-1-9.1 or", after "may disclose the", added "offender's or alleged offender's", after "test results", added "to the victim's health care provider", after "necessary to protect", deleted "his" and added "the victim's", and after "health and safety of", deleted "his" and added "the victim's"; and added Subsection B.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-9.7 - Penalty.

A person who, in violation of Section 24-1-9.4 NMSA 1978, makes an unauthorized disclosure of the results of a test designed to identify a sexually transmitted infection 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., § 24-1-9.7, enacted by Laws 1996, ch. 80, § 6; 2017, ch. 87, § 15.
ANNOTATIONS
The 2017 amendment,
effective June, 16, 2017, added the statutory reference for the unauthorized disclosure of test results for sexually transmitted infections; and after "A person who", added "in violation of Section 24-1-9.4 NMSA 1978", and after "transmitted", deleted "disease" and added "infection".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-10 - Pregnancy; serological test for syphilis.

A. Every physician examining a pregnant woman for conditions relating to her pregnancy during the period of gestation or at delivery or both shall take or cause to be taken a sample of blood of such woman at the time of first examination.
B. All such blood samples shall be submitted to the state public health laboratory for a standard serological test for syphilis.
C. The standard serological test shall be a test for syphilis approved by the director of the department. Such serological tests shall be made on request without charge by the department.
History:
1953 Comp., § 12-34-10, enacted by Laws 1973, ch. 359, § 10.
ANNOTATIONS
Cross references.
— For consent to examination and diagnosis for pregnancy,
see
24-1-13 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-11 - Reporting of blood tests.

In reporting every birth and stillbirth, physicians and others required to make such reports shall state on the certificate whether a blood test for syphilis has been made upon a specimen of blood taken from the mother of the child for which a birth or stillbirth certificate is filed and the approximate date when the specimen was taken.
History:
1953 Comp., § 12-34-11, enacted by Laws 1973, ch. 359, § 11.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-12 - Health certificates; filing.

A. Any person who operates or is employed in a health facility shall, upon becoming employed or engaged in such occupation, present to the employer or, if self-employed, file at the place of business a health certificate from a licensed physician stating the person is free from communicable diseases in a transmissible state dangerous to the public health as defined by regulation of the health services division [public health division] of the health and environment department [department of health]. The certificate shall be obtained not more than ninety days prior to the date of employment.
B. All certificates shall be kept on file and be subject to inspection by the licensing authority.
History:
1953 Comp., § 12-34-12, enacted by Laws 1973, ch. 359, § 12; 1981, ch. 46, § 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.
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".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Health § 56 et seq.
39A C.J.S. Health and Environment §§ 38, 39.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-13 - Pregnancy; capacity to consent to examination and diagnosis.

Any person, regardless of age, has the capacity to consent to an examination and diagnosis by a licensed physician for pregnancy.
History:
1953 Comp., § 12-34-13, enacted by Laws 1973, ch. 359, § 13.
ANNOTATIONS
Cross references.
— For standard serological test for syphilis for pregnant women,
see
24-1-10 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability for incorrectly diagnosing existence or nature of pregnancy, 2 A.L.R.5th 769.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-13.1 - Pregnancy; prenatal, delivery and postnatal treatment to a female minor; capacity to consent.

A health care provider shall have the authority, within the limits of his license, to provide prenatal, delivery and postnatal care to a female minor. A female minor shall have the capacity to consent to prenatal, delivery and postnatal care by a licensed health care provider.
History:
Laws 2001, ch. 314, § 1 and Laws 2001, ch. 327, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2001, ch. 314, § 1 and Laws 2001, ch. 327, § 1 enacted identical new sections of law, effective June 15, 2001. The section was set out as enacted by Laws 2001, ch. 327, § 1.
See
12-1-8 NMSA 1978.
Cross references.
— For age of majority,
see
28-6-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-13.2 - Shaken baby syndrome prevention.

The department of health shall adopt rules, no later than December 31, 2017, requiring every hospital and freestanding birthing center to provide training and education to prevent shaken baby syndrome to every parent of every newborn before discharge of the newborn from the health facility. The rules shall require the health facility to maintain records to demonstrate compliance with this requirement and to report such information as the department deems appropriate regarding the training and education provided by such health facility. The department, in collaboration with the university of New Mexico health sciences center's department of pediatrics, shall approve training and instructional materials in both English and Spanish and shall include the use of shaken baby simulation dolls in the required curriculum.
History:
Laws 2017, ch. 119, § 1.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 119 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-14 - [Sterilization;] special qualifications prohibited.

No hospital which permits any operation that results in sterilization to be performed therein or medical staff of such hospital shall require any person upon whom a sterilization operation is to be performed to meet any special qualifications which are not imposed on individuals seeking other types of operations in the hospital.
History:
1953 Comp., § 12-34-14, enacted by Laws 1973, ch. 359, § 14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For comment, "Voluntary Sterilization in New Mexico: Who Must Consent?" see 7 N.M.L. Rev. 121 (1976-77).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Health § 74.
Legality of voluntary nontherapeutic sterilization, 35 A.L.R.3d 1444.
When statute of limitations begins to run against malpractice action in connection with sterilization or birth control procedures, 93 A.L.R.3d 218.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-15.2 - Conditions of public health importance; reporting.

A. The secretary shall establish by rule a list of reportable conditions of public health importance. The list shall include conditions of humans or animals caused by exposure to toxic substances, microorganisms or any other pathogens or conditions that arise due to injury. The secretary shall:
(1) prescribe the manner of and the person responsible for reporting conditions of public health importance;
(2) classify each reportable condition of public health importance according to the urgency of reporting; and
(3) revise the list of reportable conditions of public health importance as necessary.
B. The secretary may enter into agreements or other arrangements with federal and tribal public health agencies for receipt and sharing of information regarding reportable conditions of public health importance.
C. The department shall disseminate reporting requirements to health care providers and other persons required to report conditions of public health importance.
D. A person with knowledge of a reportable condition of public health importance shall report the condition to the department.
History:
Laws 2017, ch. 87, § 18.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 87 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-15.3 - Conditions of public health importance; testing; screening.

A. The department shall establish testing and screening procedures and programs to identify conditions of public health importance among individuals or among the general population of the state. The department shall:
(1) prior to testing or screening, explain to the individual the nature, scope, purposes, benefits, risks and possible outcomes of the test or screening, except as otherwise provided pursuant to this section or by state law;
(2) have a valid and reliable test for the condition of public health importance;
(3) when administering a test or screening, identify a condition of public health importance that poses a threat to an individual's or the public's health and that may be avoided, cured, alleviated or made less contagious through safe and effective treatment, modifications in individual behavior or public health interventions; and
(4) fully inform the individual of the individual's results, the meaning of the results, the possible need for additional testing and the availability of appropriate health care services, including mental health care and social and support services. If appropriate, the department shall provide counseling or inform the individual where such counseling services are available.
B. The department may petition for the issuance of a court order to require testing or medical examination of any individual who has or may have been exposed to a condition of public health importance that poses a significant risk or threat to the individual or others or to the public's health, in accordance with procedures established by department rules.
History:
Laws 2017, ch. 87, § 19.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 87 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-15.4 - Individually identifiable health information; conditions of public health importance; confidentiality; use; disclosure.

A. Any use of individually identifiable health information pursuant to this section shall be limited to the minimum amount of information reasonably necessary to accomplish a public health purpose.
B. Individually identifiable health information received by the department shall not be public information and shall not be disclosed without the authorization of the individual who is the subject of the information, except as otherwise provided in state or federal law.
C. In accordance with state and federal law, the secretary shall adopt and promulgate rules to allow an individual to have access to, inspect and obtain copies of the individual's individually identifiable health information.
D. Nothing in this section shall be construed to prevent an individual from disclosing that individual's own individually identifiable health information.
E. As used in this section, "individually identifiable health information" means information related to the provision of health care or public health services to an individual that:
(1) is directly related to diseases or a condition of public health importance; and
(2) can be used to identify the individual recipient of health care or public health services.
History:
Laws 2017, ch. 87, § 20.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 87 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-16 - Inspection definitions.

As used in Sections 16 through 19 [24-1-16 to 24-1-19 NMSA 1978] of the Public Health Act:
A. "inspectorial search" means an entry into and examination of premises or vehicles, for the purpose of ascertaining the existence or nonexistence of conditions dangerous to health or safety or otherwise relevant to the public interest, in accordance with inspection requirements prescribed by fire, housing, sanitation, welfare, zoning or other laws or ordinances duly enacted for the promotion of public well-being;
B. "inspection officer" means an official authorized by law to conduct inspectorial searches; and
C. "inspection order" means an order issued by a magistrate or other competent official authorizing an inspectorial search.
History:
1953 Comp., § 12-34-16, enacted by Laws 1973, ch. 359, § 16.
ANNOTATIONS
Cross references.
— For constitutional provision relating to searches and seizures,
see
N.M. Const., art. II, § 10.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-17 - Inspectorial search by consent.

A. Within the scope of his authority with respect to the places to be inspected and the purpose for which inspection is to be carried out, an inspection officer may conduct an inspectorial search, with the voluntary consent of an occupant or custodian of the premises or vehicles to be inspected, who reasonably appears to the inspection officer to be in control of the places to be inspected or otherwise authorized to give such consent.
B. Before requesting consent for an inspectorial search, the inspection officer shall inform the person to whom the request is directed of the authority under and purposes for which the inspection is to be made and shall, upon demand, exhibit a badge or document evidencing his authority to make such inspections.
C. Inspections undertaken pursuant to this section shall be carried out with due regard for the convenience and privacy of the occupants, and during the daytime unless, because of the nature of the premises, the convenience of the occupants or other circumstances, there is a reasonable basis for carrying out the inspection at night.
D. Except in accordance with the provisions of the subsequent subsection adequate notice of the time and purpose of an inspection shall be sent to the occupants or custodians of premises or vehicles to be inspected not less than seven days before the inspection is undertaken.
E. The notice required by the preceding subsection may be dispensed with if, because of the nature of the inspection to be undertaken, the conduct of the occupants, or other circumstances, there is a reasonable basis for belief that such notice would obstruct, or seriously diminish the utility, of the inspection in question.
History:
1953 Comp., § 12-34-17, enacted by Laws 1973, ch. 359, § 17.
ANNOTATIONS
Cross references.
— For constitutional provision relating to searches and seizures,
see
N.M. Const., art. II, § 10.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Propriety of state or local government health officer's warrantless search - post-Camara cases, 53 A.L.R.4th 1168.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-18 - Inspection searches.

A. Upon sufficient showing that consent to an inspectorial search has been refused or is otherwise unobtainable within a reasonable period of time, an inspection officer may make application for an inspection order. Such application shall be made to a district court judge having jurisdiction over the premises or vehicle to be searched or an administrative official authorized by statute or ordinance to issue inspection orders.
B. The application shall be granted and the inspection order issued upon a sufficient showing that inspection in the area in which the premises or vehicles in question are located, or inspection of the particular premises or vehicles, is in accordance with reasonable legislative or administrative standards, and that the circumstances of the particular inspection for which application is made are otherwise reasonable. The issuing authority shall make and keep a record of the proceedings on the application, and enter thereon his finding in accordance with the requirements of this section.
C. The inspection officer executing the order shall, if the premises or vehicle in question are unoccupied at the time of execution, be authorized to use such force as is reasonably necessary to effect entry and make the inspection.
D. The officer conducting the search shall, if authorized by the issuing authority on proper showing, be accompanied by one or more law enforcement officers authorized to serve search warrants who shall assist the inspection officer in executing the order at his direction.
E. After execution of the order or after unsuccessful efforts to execute the order, as the case may be, the inspection officer shall return the order to the issuing authority with a sworn report of the circumstances of execution or failure thereof.
History:
1953 Comp., § 12-34-18, enacted by Laws 1973, ch. 359, § 18.
ANNOTATIONS
Cross references.
— For constitutional provision relating to searches and seizures,
see
N.M. Const., art. II, § 10.