reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1D - Health Service Corps › Section 24-1D-3 - New Mexico health service corps; staff; department powers and duties.

A. The "New Mexico health service corps" is created in the department to recruit and place health professionals in rural and other medically underserved areas. The secretary of health may employ a medical director to head the corps. The medical director may employ support staff and employ or contract with health professional staff. Employees are subject to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978].
B. The corps has the power to:
(1) enter into contracts to carry out the provisions of the Health Service Corps Act and sue for enforcement of those contracts; and
(2) adopt and file, in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], rules and regulations to carry out the provisions of the Health Service Corps Act.
C. The corps shall:
(1) recruit health professionals as employees or contractors of the corps;
(2) determine physician specialties to be recruited, with a focus on family practice physicians;
(3) establish criteria and procedures for the acceptance of applications and selection of recipients for commitment stipends;
(4) establish criteria and procedures for evaluating and qualifying corps health professionals;
(5) determine and maintain a list of eligible communities and practice sites;
(6) determine the need for health professionals at each practice site and assign staff as needed on a priority basis;
(7) provide support for health professionals at practice sites;
(8) work closely with the commission on higher education and the educational assistance foundation to coordinate the use of health professionals who have practice obligations pursuant to the Medical Student Loan for Service Act [Chapter 21, Article 22 NMSA 1978], the Osteopathic Medical Student Loan for Service Act [Chapter 21, Article 22A NMSA 1978] or the Nursing Student Loan for Service Act [Chapter 21, Article 22B NMSA 1978];
(9) work with the university of New Mexico school of medicine, college of nursing, the emergency medical services academy and any other entity to identify students or residents who qualify for the corps; and
(10) establish accounting and auditing procedures to account for all money paid to health professionals or received from communities and practice sites.
History:
Laws 1994, ch. 63, § 3.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1D - Health Service Corps › Section 24-1D-4 - Corps sites; local assistance; reimbursements.

The corps may require a community or practice site to pay the costs associated with providing corps health professionals in the community. The corps may allow in-kind contributions as partial or complete payment. The corps may negotiate with the community on the amount of money or in-kind services that shall be paid to the state. Money paid to the state shall be deposited in the general fund. Payback requirements and in-kind contributions shall be determined and negotiated based on formulas adopted pursuant to regulations.
History:
Laws 1994, ch. 63, § 4.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1D - Health Service Corps › Section 24-1D-5 - Corps service; commitment stipends.

A. The corps may provide commitment stipends to potential health professionals who agree to serve in the corps for at least two years. Commitment stipends shall be determined by the department within available revenue.
B. Nothing in the Health Service Corps Act prohibits the corps from hiring health professionals who have not received commitment stipends.
History:
Laws 1994, ch. 63, § 5.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1D - Health Service Corps › Section 24-1D-6 - Evaluations prior to corps service; stipend payback.

A. All corps health professionals shall be licensed or certified to practice in New Mexico. If the corps determines that a person does not meet the corps' standards for service, that person shall not serve as a corps health professional.
B. Prior to service, the corps shall evaluate every student and resident to whom commitment stipends have been paid. Evaluations shall continue during service. Evaluations shall include grades; licensing test scores; recommendations of professors, professional mentors and co-workers; and other factors the corps determines by regulation to be pertinent to ensuring the provision of quality health care through the corps.
C. If a person to whom a commitment stipend has been paid does not qualify for service, he shall pay back the total stipend on terms and conditions set forth in the contract with the corps. If a person to whom a commitment stipend has been paid is serving in the corps and he is deemed unsatisfactory, he shall pay back the amount of stipend determined by formula to be owed pursuant to terms and conditions set forth in the contract with the corps.
D. If a person to whom a commitment stipend has been paid qualifies for service, he may pay back the stipend through service in a community specified by the department under conditions approved by the department even if he is not an employee or contractor of the corps.
History:
Laws 1994, ch. 63, § 6.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1D - Health Service Corps › Section 24-1D-9 - Legal counsel.

The office of general counsel of the department of health shall provide legal services to the corps. The general form of stipend contracts entered into pursuant to the provisions of the Health Service Corps Act shall be approved by a special assistant attorney general employed by the department of health and signed by the resident or student and the medical director or his authorized representative on behalf of the state. The corps is vested with full and complete authority and power to sue in its own name for any balance due the state from a resident or student on a contract. Money paid pursuant to contract shall be deposited in the general fund.
History:
Laws 1994, ch. 63, § 9.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1D - Health Service Corps › Section 24-1D-10 - Failure to serve; penalty.

If a health professional whom the corps deems qualified to serve does not serve or serves only a portion of his service obligation, he is subject to a penalty of three times the amount of the total commitment stipend, plus eighteen percent interest per year. The corps shall provide by regulation for mitigating circumstances, the assessment of the penalty and payback schedules.
History:
Laws 1994, ch. 63, § 10.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1E - Health Facility Receiverships › Section 24-1E-1 - Short title.

Chapter 24, Article 1E NMSA 1978 may be cited as the "Health Facility Receivership Act".
History:
1978 Comp., § 24-1E-1, enacted by Laws 1996, ch. 35, § 4; 2001, ch. 225, § 1.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, substituted "Chapter 24, Article 1E NMSA 1978" for "Sections 24-1E-1 through 24-1E-6".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1E - Health Facility Receiverships › Section 24-1E-2 - Definitions.

As used in the Health Facility Receivership Act:
A. "department" means the department of health;
B. "health facility" means:
(1) a health facility as defined in Subsection D of Section 24-1-2 NMSA 1978 other than a child-care center or facility, whether or not licensed by the state of New Mexico; or
(2) a community-based program providing services funded, directly or indirectly, in whole or in part, by the home and community-based medicaid waiver program or by developmental disabilities, traumatic brain injury or other medical disabilities programs;
C. "person" includes a natural person and any other form of entity recognized by law;
D. "receiver" means the secretary, upon appointment pursuant to the Health Facility Receivership Act; and
E. "secretary" means the secretary of health.
History:
1978 Comp., § 24-1E-2, enacted by Laws 1996, ch. 35, § 5; 2001, ch. 225, § 2.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, added the Paragraph (1) designation in Subsection B, and in that paragraph, substituted "state of New Mexico; or" for "department"; and added Paragraph B(2).
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1E - Health Facility Receiverships › Section 24-1E-3 - Health facility receiverships authorized; venue.

A. The secretary may file a verified petition in the district court seeking appointment as receiver of a health facility if the facility:
(1) is being operated without a valid license from the division;
(2) will be closed within sixty days and adequate arrangements to relocate its residents have not been submitted to and approved by the secretary;
(3) has been abandoned, its residents have been abandoned or such abandonment is imminent; or
(4) presents a situation, physical condition, practice or method of operation that the secretary finds presents an imminent danger of death or significant mental or physical harm to its residents or other persons.
B. The proceedings shall be governed by, and the receiver's powers and duties shall be as specified in, the Receivership Act [44-8-1 to 44-8-10 NMSA 1978], supplemented as provided in the Health Facility Receivership Act.
C. Venue shall be laid in the district court for Santa Fe county or any other county in which the health facility or any of its satellite facilities is located.
D. Service of process shall be made in any manner provided by the Rules of Civil Procedure for the District Courts. If personal service cannot practicably or promptly be made as so provided, service may be made by delivery of the summons with the petition attached to any person in charge of the health facility at the time service is made.
E. The health facility shall file a responsive pleading within ten days after the date service is made or within such time as directed by the district court.
History:
1978 Comp., § 24-1E-3, enacted by Laws 1996, ch. 35, § 6.
ANNOTATIONS
Cross references.
— For application for appointment of a receiver,
see
44-8-5 NMSA 1978.
For Rules of Civil Procedure for the District Courts,
see
Rules 1-001 to 1-127 NMRA.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1E - Health Facility Receiverships › Section 24-1E-3.1 - Rulemaking.

No later than December 31, 2001, the secretary shall promulgate rules to implement the provisions of the Health Facility Receivership Act.
As a minimum, the rules shall establish:
A. conditions under which a petition for a health facility receivership may be filed;
B. the duties, authority and responsibilities of the deputy receiver and the health facility;
C. the specific authority of the deputy receiver to impose financial conditions and requirements on the health facility;
D. minimum qualifications for deputy receivers; and
E. provisions that will be requested for inclusion in district court orders entered pursuant to the Health Facility Receivership Act .
History:
Laws 2001, ch. 225, § 4.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1E - Health Facility Receiverships › Section 24-1E-4 - Hearing on petition.

A. Except in the case of an ex parte hearing under the Receivership Act [44-8-1 to 44-8-10 NMSA 1978], the district court shall hold a hearing on the petition within ten days after the petition is filed or as soon thereafter as practicable. The health facility shall be given notice of the hearing at least five days before the hearing date.
B. In the case of an ex parte hearing under the Receivership Act, the district court may enter an order appointing the secretary as temporary receiver, with all the rights and responsibilities of a receiver, for ten days or until a hearing can be held on the petition.
C. Following hearing, the district court shall appoint the secretary as receiver if it finds that any of the conditions of Subsection A of Section 24-1E-3 NMSA 1978 exists.
D. Following any regular or ex parte hearing, the district court may appoint a qualified person, experienced in health facility management, to act as deputy receiver. The person appointed as deputy receiver shall be free of conflict of interest with the health facility that is in receivership.
E. The receiver's bond shall be deemed satisfied by his bond under the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978]. If a deputy receiver is not a public employee covered under the Surety Bond Act, he shall obtain a fidelity and performance bond in an amount determined by the court. The cost of the bond shall be paid from the receivership estate.
History:
1978 Comp., § 24-1E-4, enacted by Laws 1996, ch. 35, § 7; 2001, ch. 225, § 3.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, inserted the last sentence of Subsection D.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1E - Health Facility Receiverships › Section 24-1E-6 - Termination of receivership.

The receivership shall terminate when the conditions that led to its establishment, and any other conditions that constitute grounds for establishment of a receivership, have ceased to exist. If the health facility is insolvent or otherwise financially distressed, the receivership shall terminate upon filing of federal bankruptcy proceedings, unless the district court orders otherwise.
History:
1978 Comp., § 24-1E-6, enacted by Laws 1996, ch. 35, § 9.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1F - Billy Griego HIV and AIDS Act › Section 24-1F-1 - Short title.

This act [24-1F-1 to 24-1F-6 NMSA 1978] may be cited as the "Billy Griego HIV and AIDS Act".
History:
Laws 2005, ch. 6, § 1.
ANNOTATIONS
Compiler's note.
— Although this section has been compiled within the Public Health Act [Chapter 24, Article 1 NMSA 1978], it was not enacted as a section of that act.
Effective dates.
— Laws 2005, ch. 6 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1F - Billy Griego HIV and AIDS Act › Section 24-1F-2 - Purpose.

The purpose of the Billy Griego HIV and AIDS Act is to ensure that consumers are the focus of the funding and services provided and their consideration is to be the determining factor in all the state's human immunodeficiency virus and acquired immune deficiency syndrome programs.
History:
Laws 2005, ch. 6, § 2.
ANNOTATIONS
Compiler's note.
— Although this section has been compiled within the Public Health Act [Chapter 24, Article 1 NMSA 1978], it was not enacted as a section of that act.
Effective dates.
— Laws 2005, ch. 6 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1F - Billy Griego HIV and AIDS Act › Section 24-1F-3 - Department of health; duties.

The department of health shall serve as the state's human immunodeficiency virus and acquired immune deficiency syndrome service coordinator among all state agencies, providing direct and contract education and prevention and treatment services for eligible persons, subject to the availability of funds. The department shall serve as the state contract administrator for federal Ryan White services funding as well as for all federal centers for disease control and prevention human immunodeficiency virus and acquired immune deficiency syndrome programs. Services shall include prevention, clinical services, a drug assistance and insurance assistance program to eligible individuals and programs appropriate for Native Americans, including traditional medicine services. Services shall be delivered in a consumer-oriented model. The department of health shall include a quality assurance component in all services and shall ensure that all clients are educated about their rights and responsibilities and the department's grievance procedures.
History:
Laws 2005, ch. 6, § 3.
ANNOTATIONS
Compiler's note.
— Although this section has been compiled within the Public Health Act [Chapter 24, Article 1 NMSA 1978], it was not enacted as a section of that act.
Cross references.
— For the Ryan White Care Act,
see
42 U.S.C.A. Sections 300ff-11 et seq.
Effective dates.
— Laws 2005, ch. 6 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1F - Billy Griego HIV and AIDS Act › Section 24-1F-4 - Medical advisory committee created; membership; duties.

A. There is created at the department of health a "medical advisory committee" to consist of seven members, chaired by the department's chief medical officer or the officer's designee. Committee membership shall consist of four physicians and two consumers with current experience in the treatment of human immunodeficiency virus and acquired immune deficiency syndrome.
B. The committee shall review the department of health's human immunodeficiency virus and acquired immune deficiency syndrome drug formulary and policies regarding selection, utilization and provision of those drugs and recommend changes as appropriate to the department of health and report its recommendations to the governor's HIV and AIDS policy commission.
History:
Laws 2005, ch. 6, § 4.
ANNOTATIONS
Compiler's note.
— Although this section has been compiled within the Public Health Act [Chapter 24, Article 1 NMSA 1978], it was not enacted as a section of that act.
Effective dates.
— Laws 2005, ch. 6 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1F - Billy Griego HIV and AIDS Act › Section 24-1F-5 - Independent constituent service program; duties.

An independent "constituent services program" is created. The program shall review all fiscal matters and record and review all complaints and requests for services that come to its attention about public programs and services for persons living with the human immunodeficiency virus and acquired immune deficiency syndrome statewide. The program shall make an annual report to the department of health by November 1 of each year on its activities and recommendations.
History:
Laws 2005, ch. 6, § 5.
ANNOTATIONS
Compiler's note.
— Although this section has been compiled within the Public Health Act [Chapter 24, Article 1 NMSA 1978], it was not enacted as a section of that act.
Effective dates.
— Laws 2005, ch. 6 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1F - Billy Griego HIV and AIDS Act › Section 24-1F-6 - Annual report; policies and procedures.

A. The department of health shall provide an annual report on activities and expenditures conducted pursuant to the Billy Griego HIV and AIDS Act. The report shall be submitted no later than December 15 to the legislature and the governor.
B. The department of health shall develop and annually review policies and procedures pertaining to the Billy Griego HIV and AIDS Act.
History:
Laws 2005, ch. 6, § 6.
ANNOTATIONS
Compiler's note.
— Although this section has been compiled within the Public Health Act [Chapter 24, Article 1 NMSA 1978], it was not enacted as a section of that act.
Effective dates.
— Laws 2005, ch. 6 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1G - New Mexico Telehealth and Health Information Technology Commission › Section 24-1G-1 - Short title.

Chapter 24, Article 1G NMSA 1978 may be cited as the "New Mexico Telehealth and Health Information Technology Commission Act".
History:
Laws 2005, ch. 55, § 1; 2007, ch. 14, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed "This act" to "Chapter 24, Article 1G NMSA 1978" and changed the name of the "New Mexico Telehealth Commission Act" to the "New Mexico Telehealth and Health Information Technology Commission Act".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1G - New Mexico Telehealth and Health Information Technology Commission › Section 24-1G-2 - Purpose.

The purpose of creating a telehealth and health information technology commission is to encourage a single, coordinated statewide effort to create a telehealth and health information technology system that:
A. provides and supports health care delivery, diagnosis, consultation, treatment, transfer of medical data and education when distance separates a patient and a health care provider; multiple health care providers involved in patient care; and health care providers and educational or professional activities;
B. addresses the problems of provider distribution in medically underserved areas of the state;
C. strengthens the health infrastructure;
D. attracts and retains health care providers in rural areas; and
E. helps reduce costs associated with health care and make health care more affordable.
History:
Laws 2005, ch. 55, § 2; 2007, ch. 14, § 2.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed the name of the "telehealth commission" to the "telehealth and health information technology commission" and changed the name of the "telehealth system" to the "telehealth and health information technology system".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1G - New Mexico Telehealth and Health Information Technology Commission › Section 24-1G-3 - Definitions.

As used in the New Mexico Telehealth and Health Information Technology Commission Act:
A. "commission" means the New Mexico telehealth and health information technology commission;
B. "health information technology" means products, devices or systems that allow for the secure electronic collection, storage, exchange or management of patient information; and
C. "telehealth" means the use of electronic information, imaging and communication technologies, including interactive audio, video and data communications as well as store-and-forward technologies, to provide and support health care delivery, diagnosis, consultation, treatment, transfer of medical data and education.
History:
Laws 2005, ch. 55, § 3; 2007, ch. 14, § 3.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed the name of the "New Mexico Telehealth Commission Act" to the "New Mexico Telehealth and Health Information Technology Commission Act"; in Subsection A, changed the "telehealth commission" to the "telehealth and health information technology commission"; added Subsection B to define "health information technology"; and deleted "when distance separates the patient and the health care provider" at the end of Subsection C.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1H - Bernalillo County Off-Reservation Native American Health Commission › Section 24-1H-1 - Short title.

This act [24-1H-1 to 24-1H-5 NMSA 1978] may be cited as the "Bernalillo County Off-Reservation Native American Health Commission Act".
History:
Laws 2008, ch. 79, § 1.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. ch. 79, § 6 made the Bernalillo County Off-Reservation Native American Health Commission Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1H - Bernalillo County Off-Reservation Native American Health Commission › Section 24-1H-2 - Definitions.

As used in the Bernalillo County Off-Reservation Native American Health Commission Act:
A. "commission" means the off-reservation Native American health commission;
B. "department" means the department of health;
C. "New Mexico tribe" means an Indian nation, tribe or pueblo located within New Mexico;
D. "off-reservation Native American" means a member of a federally recognized tribe or an Alaskan native who lives in an off-reservation urban area and is a resident;
E. "off-reservation nonprofit organization" means a corporate nonprofit entity that provides research, advocacy or health care services for the purpose of improving health care services or the overall health of Native Americans who are not living on reservations or pueblos;
F. "off-reservation urban area" means an area of land that is within Bernalillo county but not under the jurisdiction of a New Mexico tribe;
G. "resident" means a person who lives in and is domiciled in New Mexico; and
H. "secretary" means the secretary of health.
History:
Laws 2008, ch. 79, § 2.
ANNOTATIONS
Cross references.
— For the department of health,
see
9-7-4 NMSA 1978.
Effective dates.
— Laws 2008, ch. ch. 79, § 6 made the Bernalillo County Off-Reservation Native American Health Commission Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1H - Bernalillo County Off-Reservation Native American Health Commission › Section 24-1H-3 - Bernalillo county off-reservation Native American health commission created; membership.

A. The board of county commissioners of Bernalillo county may create the "Bernalillo county off-reservation Native American health commission" and appoint nine commission members for staggered three-year terms after soliciting nominations for its membership from appropriate off-reservation nonprofit organizations in Bernalillo county.
B. The board of county commissioners may agree to appoint the commission's members to include:
(1) someone who manages the Indian health service's Albuquerque-area urban Indian health program;
(2) someone experienced in the delivery of off-reservation Native American health care services in Bernalillo county;
(3) the tribal liaison for the department;
(4) two members who are members of a New Mexico tribe and have a background in providing or advocating for off-reservation Native American health care;
(5) three members who are members of a non-New Mexico tribe and have a background in providing or advocating for off-reservation Native American health care; and
(6) one member of the Bernalillo county community health council.
C. Upon approval by the board of county commissioners, the commission shall meet at least four times a year, elect its own chair for a term not to exceed three years and be paid as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
Laws 2008, ch. 79, § 3.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. ch. 79, § 6 made the Bernalillo County Off-Reservation Native American Health Commission Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1H - Bernalillo County Off-Reservation Native American Health Commission › Section 24-1H-4 - Goals.

The goals of the commission may include:
A. within two years of being named, creation of an initial off-reservation Native American health care plan that includes:
(1) an estimate of the number and tribal affiliation of Native Americans living in the off-reservation urban area;
(2) an inventory of sources of non-emergency health care for off-reservation Native Americans, identifying federal, state and local public resources, tribal facilities and program duplications;
(3) a cross-jurisdictional budget analysis compiled from the most current annual figures reported by state and county facilities demonstrating the amount of health care funding for off-reservation Native Americans available to the existing non-emergency facilities;
(4) recommendations to eliminate duplications of services, improve access, initiate new services and consolidate non-emergency health care budgets for off-reservation Native Americans; and
(5) a comprehensive set of recommendations for redesigning the system of non-emergency health care available to off-reservation Native Americans;
B. within three years of being named, presentation of a plan for permanent restructuring of state and local budgets and services for off-reservation Native American health care to the legislature along with proposed legislation for that restructuring that addresses:
(1) financing for persons not eligible for medicaid;
(2) estimated costs or savings to the state from off-reservation Native Americans receiving medicaid;
(3) ways to enhance use of preventive care;
(4) nonresidential substance abuse treatment;
(5) residential treatment for substance abuse withdrawal;
(6) coordination of health care facilities with transportation services; and
(7) domestic violence and suicide prevention programs; and
C. a set of recommendations to the secretary on projects and programs that fall within the parameters of the initial off-reservation Native American health care plan and the permanent restructuring plans as funding becomes available.
History:
Laws 2008, ch. 79, § 4.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. ch. 79, § 6 made the Bernalillo County Off-Reservation Native American Health Commission Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1H - Bernalillo County Off-Reservation Native American Health Commission › Section 24-1H-5 - Off-reservation Native American health care plan implementation.

A. The secretary may contract for services as recommended by the commission, unless the secretary enters an objection with the commission, detailing reasons why recommended services are not in keeping with the initial off-reservation Native American health care plan or the permanent restructuring plan.
B. Nothing in the Bernalillo County Off-Reservation Native American Health Commission Act shall prohibit the department from contracting for categories of off-reservation Native American health care services prior to its effective date or for services it deems essential for public health.
History:
Laws 2008, ch. 79, § 5.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. ch. 79, § 6 made the Bernalillo County Off-Reservation Native American Health Commission Act effective July 1, 2008.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1I - Health Care Practitioner Agreements › Section 24-1I-1 - Definitions.

As used in Chapter 24, Article 1I NMSA 1978:
A. "agreement" means a written contract to which a health care practitioner is a party; and
B. "health care practitioner" means:
(1) a dentist;
(2) an osteopathic physician;
(3) a physician;
(4) a podiatrist;
(5) a certified registered nurse anesthetist;
(6) a certified nurse practitioner;
(7) a certified nurse-midwife;
(8) a psychologist;
(9) a physician assistant; and
(10) a pharmacist.
History:
Laws 2015, ch. 96, § 1; 2017, ch. 123, § 1; 2023, ch. 97, § 1.
ANNOTATIONS
The 2023 amendment,
effective April 4, 2023, included psychologists, physician assistants, and pharmacists in the definition of "health care practitioners"; and in Subsection B, added Paragraphs B(8) through B(10).
The 2017 amendment,
effective April 6, 2017, included certified nurse practitioners and certified nurse-midwives in the definition of "health care practitioner"; in the introductory clause, after "As used in", deleted "this act" and added "Chapter 24, Article 1I NMSA 1978"; and in Subsection B, added new Paragraphs B(6) and B(7).
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1I - Health Care Practitioner Agreements › Section 24-1I-2 - Enforceability of a non-compete provision; other provisions void.

A. A non-compete provision in an agreement, which provision restricts the right of a health care practitioner to provide clinical health care services in this state, shall be unenforceable upon the termination of:
(1) the agreement;
(2) a renewal or extension of the agreement; or
(3) a health care practitioner's employment with a party seeking to enforce the agreement.
B. A provision in an agreement for clinical health care services to be rendered in this state is void, unenforceable and against public policy if the provision:
(1) makes the agreement subject to the laws of another state; or
(2) requires any litigation arising out of the agreement to be conducted in another state.
History:
Laws 2015, ch. 96, § 2; 2017, ch. 123, § 2.
ANNOTATIONS
The 2017 amendment,
effective April 6, 2017, made certain provisions in clinical health care services agreements void and unenforceable; in the catchline, added "other provisions void"; added the subsection designation "A." to the previously undesignated first sentence and redesignated former Subsections A through C as Paragraphs A(1) through A(3), respectively; and in Subsection A, in the introductory sentence, after "health care services", added "in this state"; and added Subsection B.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1I - Health Care Practitioner Agreements › Section 24-1I-3 - Enforceability of other provisions.

Nothing in this act shall be construed to limit the enforceability of:
A. a provision in an agreement requiring a health care practitioner who has worked for an employer for an initial period of less than three years to repay all or a portion of:
(1) a loan;
(2) relocation expenses;
(3) a signing bonus or other remuneration to induce the health care practitioner to relocate or establish a health care practice in a specified geographic area; or
(4) recruiting, education and training expenses;
B. a nondisclosure provision relating to confidential information and trade secrets;
C. a nonsolicitation provision with respect to patients and employees of the party seeking to enforce the agreement for a period of one year or less after the last date of employment; or
D. any other provision of an agreement that is not in violation of law, including a provision for liquidated damages.
History:
Laws 2015, ch. 96, § 3.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 96 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1I - Health Care Practitioner Agreements › Section 24-1I-4 - Liquidated damages.

A. An agreement may provide for liquidated damages in an amount that is reasonable at the time the agreement is executed and in light of anticipated harm and difficulty of proving the amount of loss resulting from breach of the agreement by any party.
B. A provision in an agreement fixing unreasonably large liquidated damages is void as a penalty.
History:
Laws 2015, ch. 96, § 4.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 96 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1I - Health Care Practitioner Agreements › Section 24-1I-5 - Applicability.

A. Chapter 24, Article 1I NMSA 1978 does not apply to agreements between health care practitioners who are shareholders, owners, partners or directors of a health care practice.
B. Except as provided by Subsections C and D of this section, the provisions of Chapter 24, Article 1I NMSA 1978 apply to agreements, or renewals or extensions of agreements, executed on or after July 1, 2015.
C. The provisions of Subsection B of Section 24-1I-2 NMSA 1978 apply to agreements, or renewals or extensions of agreements, executed on or after April 6, 2017.
D. For psychologists, physician assistants and pharmacists, the provisions of Chapter 24, Article 1I NMSA 1978 apply to agreements, or renewals or extensions of agreements, executed on or after the effective date of this 2023 act.
History:
Laws 2015, ch. 96, § 5; 2017, ch. 123, § 3; 2023, ch. 97, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 2023, ch. 97 contained an emergency clause provision. The "effective date of this 2023 act", referenced in Subsection D, is April 4, 2023, the date Laws 2023, ch. 97 was signed into law by the governor.
The 2023 amendment,
effective April 4, 2023, included psychologists, physician assistants, and pharmacists within the scope of Chapter 24, Article 1I NMSA 1978 for the purpose of making certain provisions in health care practitioner agreements void, unenforceable and against public policy; in Subsection B, added "and D"; in Subsection C, after "on or after", deleted "the effective date of this 2017 act" and added "April 6, 2017"; and added Subsection D.
The 2017 amendment,
effective April 6, 2017, made certain non-compete provisions in Section 24-1I-2(B) NMSA 1978 effective immediately; in Subsections A and B, changed "This act" to "Chapter 24, Article 1I NMSA 1978"; in Subsection B, added "Except as provided by Subsection C of this section"; and added Subsection C.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1J - County and Tribal Health Councils › Section 24-1J-1 - Short title.

This act [24-1J-1 to 24-1J-6 NMSA 1978] may be cited as the "County and Tribal Health Councils Act".
History:
Laws 2019, ch. 57, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 57 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1J - County and Tribal Health Councils › Section 24-1J-2 - Purpose of act.

The purpose of the County and Tribal Health Councils Act is to improve the health of New Mexicans by encouraging the development of comprehensive, community-based health planning councils to identify and address local health needs and priorities.
History:
Laws 2019, ch. 57, § 2.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 57 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1J - County and Tribal Health Councils › Section 24-1J-3 - Definitions.

As used in the County and Tribal Health Councils Act:
A. "board" means the board of county commissioners of a county or leadership of a tribe;
B. "department" means the department of health;
C. "health council" means a county or tribal health council;
D. "jurisdiction" means a county or a tribe; and
E. "tribe" means an Indian nation, tribe, pueblo or chapter located within the boundaries of the state.
History:
Laws 2019, ch. 57, § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 57 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1J - County and Tribal Health Councils › Section 24-1J-4 - County and tribal health councils; designation.

A. Residents of a jurisdiction may create a county or tribal health council to carry out the provisions of the County and Tribal Health Councils Act; provided that:
(1) a board shall recognize only a single health council for its jurisdiction; and
(2) two or more boards may collaborate to recognize a common, single health council representing two or more jurisdictions.
B. A board shall recognize only a county or tribal health council whose members represent a diverse spectrum of community interests, including individuals and public, private and nonprofit entities.
C. Members of a health council shall elect from among themselves a chair for a term designated by the health council.
D. Health council members shall not be paid, but they may receive per diem and mileage expenses as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
Laws 2019, ch. 57, § 4.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 57 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1J - County and Tribal Health Councils › Section 24-1J-5 - Health council functions.

A. A health council shall prepare a community health plan, updated at regular intervals. A health council shall report its community health plan to the board and to the department.
B. Each community health plan shall include:
(1) a county or tribal health assessment and inventory of health resources;
(2) identification of health priorities determined through independent, community-based planning processes; and
(3) strategies and resources to address health priorities.
C. A health council shall:
(1) monitor health and health care programs and services in order to identify potential gaps and to reduce potential duplication;
(2) collaborate with other entities to develop programs, networks, partnerships and coalitions as necessary to improve health;
(3) advise the board in its jurisdiction and other entities regarding policies that affect health;
(4) facilitate communication among local jurisdictions, state agencies and other entities; and
(5) identify additional public and private resources to improve health in its respective jurisdiction.
History:
Laws 2019, ch. 57, § 5.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 57 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1J - County and Tribal Health Councils › Section 24-1J-6 - Department; powers and duties.

The department shall:
A. in consultation with health councils, develop benchmarks, expectations and mechanisms to ensure the long-term viability of health councils;
B. in collaboration with universities, other state agencies and other public health entities, provide training, technical assistance and other supports to health councils;
C. in collaboration with other entities, develop a system to evaluate the effectiveness of health councils and the gathering of necessary evaluation data;
D. administer funding to support the work of the health councils, including local health council staffing, training and technical assistance, and monitor and evaluate contracts for funding; and
E. adopt and promulgate rules as necessary to carry out the purposes of the County and Tribal Health Councils Act and to strengthen community-based health planning and self-determination.
History:
Laws 2019, ch. 57, § 6.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 57 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1K - Primary Care Council › Section 24-1K-1 - Short title.

This act [24-1K-1 to 24-1K-3 NMSA 1978] may be cited as the "Primary Care Council Act".
History:
Laws 2021, ch. 87, § 1.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 87 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1K - Primary Care Council › Section 24-1K-2 - Definitions.

As used in the Primary Care Council Act:
A. "department" means the human services department [health care authority department];
B. "primary care" means integrated, accessible health care services, provided by clinicians accountable for addressing the majority of a patient's personal health care needs, developing a sustained partnership with patients and practicing in the context of family and community; and
C. "secretary" means the secretary of human services.
History:
Laws 2021, ch. 87, § 2.
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.
Effective dates.
— Laws 2021, ch. 87 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2 - Crippled Children Services › Section 24-2-1 - Authority to conduct services for children with a disability.

The public health division of the department of health has authority to establish, administer and supervise activities to children who have a physical disability or whose condition may become a disability. The public health division also may supervise the administration of those services to children with a disability that are not administered directly by it.
History:
1978 Comp., § 24-2-1, enacted by Laws 1977, ch. 253, § 40; 2007, ch. 46, § 14.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2A - Hemophilia Program › Section 24-2A-1 - Short title.

This act [24-2A-1 to 24-2A-3 NMSA 1978] may be cited as the "Theodore R. Montoya Memorial Hemophilia Program Act".
History:
Laws 1980, ch. 26, § 1.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2A - Hemophilia Program › Section 24-2A-2 - Definitions.

As used in the Theodore R. Montoya Memorial Hemophilia Program Act:
A. "blood products" means certain components or factors obtained from whole blood which when periodically administered to persons suffering from hemophilia result in relief or control of the disease;
B. "eligible patient" means a person suffering from hemophilia whose case has been evaluated and accepted for provision of services by the hemophilia program established by the school;
C. "fund" means the hemophilia fund;
D. "hemophilia" means a genetic disease in which uncontrolled bleeding from otherwise minor causes may result in death or disability;
E. "hemophilia program" means the New Mexico comprehensive hemophilia diagnostic and treatment program established by the school to provide comprehensive clinical evaluation of patients suffering from hemophilia, out-patient blood product usage, counseling services to families of persons suffering from hemophilia and outreach to the public;
F. "provider" means any blood service or laboratory furnishing blood products to the school and its program administration for eligible patients;
G. "university" means the university of New Mexico; and
H. "secretary" means the secretary of health and environment [secretary of health].
History:
Laws 1980, ch. 26, § 2.
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.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 2A - Hemophilia Program › Section 24-2A-3 - Hemophilia fund created; use; calculation of costs.

A. There is created in the state treasury the "hemophilia fund".
B. The fund shall be administered by the university and shall be used solely to provide hemophilia program services to eligible patients. The university may expend and distribute funds to:
(1) the university of New Mexico school of medicine for the costs of clinical evaluation, to include at least one visit per eligible patient per year;
(2) providers for the costs of blood products for each eligible patient, all as approved by the university of New Mexico school of medicine, to the extent not covered by insurance, medicaid or medicare;
(3) the university of New Mexico school of medicine for hemophilia program support, including nursing coordination, social services to patients and families and outreach for public education; and
(4) the university of New Mexico school of medicine for purchase of insurance or medicare coverage for patients who are eligible for coverage but have insufficient financial resources to pay the premiums.
History:
Laws 1980, ch. 26, § 3; 2001, ch. 308, § 1.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, inserted the university of New Mexico school of medicine throughout the section and added Paragraph B(4).