reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 29 - Hospital-Acquired Infection › Section 24-29-3 - Advisory committee created; members; duties.

A. The "hospital-acquired infection advisory committee" is created in the department to conduct surveillance of hospital-acquired infections. Members of the advisory committee shall include:
(1) a consumer of health care services;
(2) a representative of the New Mexico association for professionals in infection control and epidemiology;
(3) a representative of the New Mexico hospital association;
(4) a representative of the New Mexico medical review association;
(5) a local representative of the society for healthcare epidemiology of America; and
(6) the department's infectious disease epidemiology bureau.
B. The advisory committee shall:
(1) establish objectives, definitions, criteria and standards for the reporting of hospital-acquired infections;
(2) work with hospitals to identify and recruit volunteer participating hospitals in surveillance of hospital-acquired infections and other indicators;
(3) develop objectives and action plans for instituting a statewide program of surveillance of hospital-acquired infections and other indicators;
(4) identify the specific infections and indicators that are to be subject to surveillance and reporting;
(5) identify, and make recommendations regarding, training in the use of the surveillance system or in the prevention and control of hospital-acquired infections and infectious disease;
(6) develop and disseminate to the public appropriate reports of the findings of surveillance; and
(7) consult as necessary with technical advisors who have regional or national expertise in the prevention and control of hospital-acquired infections and infectious disease.
History:
Laws 2009, ch. 211, § 3.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 211 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 29 - Hospital-Acquired Infection › Section 24-29-4 - Participating hospitals; recruitment; training.

A. The advisory committee shall identify hospitals willing and qualified to participate in surveillance of hospital-acquired infections as identified by the advisory committee. Recruitment of participating hospitals shall begin on a voluntary basis and shall include at least six hospitals representing rural and urban areas of the state. By July 1, 2011, the hospitals identified by the advisory committee as qualified shall participate in the surveillance program.
B. The advisory committee shall identify specific training and educational needs of participating hospitals, and the department shall develop curricula to reflect the training and educational recommendations of the advisory committee. The department shall provide training and educational support to participating hospitals subject to available resources. The department shall collaborate with the higher education department to identify appropriate programs for training and certification of infection control professionals.
History:
Laws 2009, ch. 211, § 4.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 211 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 29 - Hospital-Acquired Infection › Section 24-29-5 - Hospital-acquired infections; indicators.

A. The advisory committee shall determine the specific infections and indicators that are to be subject to surveillance and reporting. Indicators of hospital-acquired infections shall be selected based on scientific evidence that the infection or condition can be prevented with implementation and consistent use of evidence-based processes of care and on appropriateness for the state. The advisory committee shall consider the following indicators:
(1) central line associated bloodstream infections;
(2) surgical site wound infections;
(3) ventilator assisted pneumonia;
(4) catheter associated urinary tract infections; and
(5) other hospital-acquired infections that the advisory committee may determine in consultation with technical advisors who are regionally or nationally recognized experts in the prevention, identification and control of hospital-acquired infections and the public reporting of performance data.
B. Initially, and through calendar year 2009, hospital-acquired infection surveillance shall be conducted on the incidence of central line associated bloodstream infections and health care worker influenza vaccination rates.
C. Beginning on January 1, 2010, the advisory committee shall identify additional hospital-acquired infection, condition or process indicators that will be tracked and reported by participating hospitals. At least annually, the advisory committee shall consider additional indicators that meet the standard for selection identified in Subsection A of this section.
History:
Laws 2009, ch. 211, § 5.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 211 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 29 - Hospital-Acquired Infection › Section 24-29-6 - Reports.

A. Participating hospitals shall report to the department the incidence of selected indicators using the national healthcare safety network surveillance system according to a schedule recommended by the advisory committee based on reporting frequencies identified by the national healthcare safety network. Reported data shall be verifiable and actionable.
B. The advisory committee shall determine the content, format, venue and frequency of regular reports to the public. Public reports shall be published no later than July 1, 2011 and periodically thereafter.
History:
Laws 2009, ch. 211, § 6.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 211 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 30 - Community Health Workers › Section 24-30-1 - Short title.

This act [24-30-1 to 24-30-7 NMSA 1978] may be cited as the "Community Health Workers Act".
History:
Laws 2014, ch. 49, § 1.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 30 - Community Health Workers › Section 24-30-2 - Definitions.

As used in the Community Health Workers Act:
A. "applicant" means an individual applying to be certified or recertified as a community health worker;
B. "board" means the board of certification of community health workers;
C. "certificate" means the document issued by the department to qualified applicants for certification as community health workers;
D. "certification" means the voluntary process by which the department grants recognition and use of a credential to individuals who are eligible to practice as certified community health workers;
E. "certified community health worker" means a community health worker to whom the department has issued a certificate to practice as a certified community health worker;
F. "community health worker" means a public health worker who applies an understanding of the experience, language and culture of the populations that the individual serves and who provides direct services aimed at optimizing individual and family health outcomes, including:
(1) informal and motivational counseling and education;
(2) interventions to maximize social supports;
(3) care coordination;
(4) facilitation of access to health care and social services;
(5) health screenings; and
(6) other services that the secretary defines by rule;
G. "department" means the department of health;
H. "recertification" means a renewal of certification; and
I. "secretary" means the secretary of health.
History:
Laws 2014, ch. 49, § 2.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 30 - Community Health Workers › Section 24-30-3 - Rulemaking; community health worker certification; recertification; fees.

A. The secretary shall adopt and promulgate rules relating to the following:
(1) establishment and administration of a voluntary program for certification of community health workers, including criteria for:
(a) minimum education;
(b) training;
(c) experience; and
(d) other qualifications that the secretary deems appropriate in accordance with the provisions of the Community Health Workers Act;
(2) forms and procedures for the receipt, review and action upon applications for initial community health worker certification and for biennial recertification;
(3) establishment of standards for continuing education and other requirements that the secretary deems appropriate for biennial recertification;
(4) procedures for disciplinary action relating to applicants or certified community health workers. Department rules shall include guidelines for:
(a) disciplinary action;
(b) reprimands;
(c) probation;
(d) the denial, suspension or revocation of certification or recertification; and
(e) applicants' appeal rights;
(5) the determination, assessment and collection of certification fees, recertification fees and disciplinary fines; and
(6) other matters that the secretary deems appropriate to carry out the provisions of the Community Health Workers Act.
B. The department shall apply any fee it collects pursuant to the Community Health Workers Act to cover the costs of administering the community health worker certification program established pursuant to that act.
History:
Laws 2014, ch. 49, § 3.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 30 - Community Health Workers › Section 24-30-4 - Board of certification of community health workers; creation; membership; duties.

A. The "board of certification of community health workers" is created. The board is administratively attached to the department and shall meet at least once quarterly at the call of the chair.
B. The board shall consist of nine members who shall be:
(1) residents of the state;
(2) appointed by and serve at the pleasure of the secretary; and
(3) composed of:
(a) the secretary or the secretary's designee, who shall serve as chair of the board; and
(b) eight additional members, at least three of whom shall be community health workers.
C. In determining the membership of the board, the secretary shall endeavor to appoint community health worker stakeholders such as health care providers, individuals from institutions of higher learning and members of the community from various geographic regions of the state.
D. The secretary shall adopt and promulgate rules that establish the board's membership, duties and the conduct of meetings. At a minimum, the board's duties shall include making recommendations to the secretary on the following matters:
(1) standards and requirements for the establishment of community health worker education and training programs in the state, the successful completion of which shall qualify an individual as eligible to apply to the department for certification as a certified community health worker;
(2) standards and requirements for approval or acceptance of continuing education courses and programs as the board may require for the biennial renewal of a community health worker certificate;
(3) minimum education, training, experience and other qualifications that a certified community health worker shall possess to qualify as a trainer in any education, training or continuing education program for community health workers;
(4) a means to acknowledge, document and assess relevant education, training and experience or other qualifications acquired by community health workers practicing in the state before the effective date of the Community Health Workers Act for purposes of certification while waiving minimum training and experience requirements established pursuant to Paragraph (1) of Subsection A of Section 3 [24-30-3 NMSA 1978] of the Community Health Workers Act; and
(5) the type of certification examination or other means to assess community health worker competency in connection with certification that the department shall require if the secretary determines that a certification examination would enhance the advancement of the practice and profession of community health workers.
History:
Laws 2014, ch. 49, § 4.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 30 - Community Health Workers › Section 24-30-5 - Requirements for certification; recertification.

A. An applicant for certification or recertification shall submit an application for registration in accordance with department rules.
B. A certified community health worker shall carry the certified community health worker's certificate and present it upon request.
C. The department shall issue certificates that shall be valid for two years to certified community health workers. A certificate may be recertified in accordance with department rules.
History:
Laws 2014, ch. 49, § 5.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 30 - Community Health Workers › Section 24-30-6 - Use of certified community health worker designation; unauthorized practice.

A. In order to use the title "certified community health worker", the initials "CCHW" or other designation indicating that the individual is a certified community health worker, an individual shall be certified pursuant to the provisions of the Community Health Workers Act.
B. To ensure compliance with the provisions of the Community Health Workers Act or any rule that the secretary has adopted and promulgated pursuant to that act, the department may issue cease-and-desist orders to persons violating the provisions of the Community Health Workers Act.
C. A certified community health worker shall engage only in those activities authorized pursuant to the Community Health Workers Act and by rules adopted and promulgated pursuant to that act. While engaging in practice as a certified community health worker, an individual shall not engage in or perform any act or service for which another professional certificate, license or other legal authority is required. Nothing in this section shall be construed to prevent or restrict the practice, service or activities of any individual simultaneously certified as a community health worker and licensed, certified, registered or otherwise legally authorized in the state to engage in the practice of another profession if that individual does not, while engaged in the authorized practice of another profession, use any name, title, the initials "CCHW" or other designation indicating that the individual is a certified community health worker.
History:
Laws 2014, ch. 49, § 6.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 30 - Community Health Workers › Section 24-30-7 - Criminal history screening.

A. The department is authorized to obtain the criminal history records of applicants and to exchange fingerprint data directly with the federal bureau of investigation, the department of public safety and any other law enforcement agency or organization. The department shall require fingerprinting of applicants for the purposes of this section.
B. The secretary shall adopt and promulgate rules to:
(1) require criminal background checks for applicants;
(2) identify the information from a criminal background check that may form the basis of a denial, suspension or revocation of certification or any other disciplinary action; and
(3) otherwise carry out the provisions of this section.
C. The department shall comply with applicable confidentiality requirements of the department of public safety and the federal bureau of investigation regarding the dissemination of criminal background check information.
D. An applicant whose certification or recertification is denied, suspended or revoked, or who is otherwise disciplined based on information obtained in a criminal history background check, shall be entitled to review the information obtained pursuant to this section and to appeal the decision pursuant to rules promulgated by the department.
E. The applicant shall bear any costs associated with ordering or conducting criminal background checks.
F. The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Community Health Workers Act.
History:
Laws 2014, ch. 49, § 7.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 32 - Maternal Mortality and Morbidity Prevention › Section 24-32-1 - Short title.

Chapter 24, Article 32 NMSA 1978 may be cited as the "Maternal Mortality and Morbidity Prevention Act".
History:
Laws 2019, ch. 41, § 1; 2021, ch. 40, § 1.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, deleted "This act" and added "Chapter 24, Article 32 NMSA 1978".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 32 - Maternal Mortality and Morbidity Prevention › Section 24-32-5 - Rulemaking.

By December 31, 2021, the secretary of health shall adopt and promulgate amended rules to carry out the provisions of the Maternal Mortality and Morbidity Prevention Act.
History:
Laws 2019, ch. 41, § 5; 2021, ch. 40, § 5.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, required the secretary of health, by December 31, 2021, to adopt and promulgate amended rules to carry out the provisions of the Maternal Mortality and Morbidity Prevention Act; and after "December 31", changed "2019" to "2021", after "promulgate", added "amended", and after "Morbidity", added "Prevention".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 33 - Graduate Medical Education Expansion Grant Program › Section 24-33-1 - Short title.

This act [24-33-1 to 24-33-4 NMSA 1978] may be cited as the "Graduate Medical Education Expansion Grant Program Act".
History:
Laws 2019, ch. 141, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 141 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 33 - Graduate Medical Education Expansion Grant Program › Section 24-33-2 - Definitions.

As used in the Graduate Medical Education Expansion Grant Program Act:
A. "department" means the human services department [health care authority department];
B. "graduate medical education training program" means a program that has received approval or is in the process of seeking approval to operate as a graduate medical education training program sponsor from the appropriate professional association that evaluates and accredits medical residency and internship programs, including:
(1) a licensed and accredited hospital;
(2) an academic medical education institution;
(3) a new freestanding graduate medical education program;
(4) an established or new graduate medical education training consortium; and
(5) a federally qualified health center; and
C. "secretary" means the secretary of human services.
History:
Laws 2019, ch. 141, § 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 2019, ch. 141 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 33 - Graduate Medical Education Expansion Grant Program › Section 24-33-3 - Graduate medical education expansion grant program; fund; distributions; application requirements; priorities for awards; reporting requirements.

A. The "graduate medical education expansion grant program fund" is created in the state treasury. The fund consists of money appropriated by the legislature. Money in the fund shall not revert to any other fund at the end of a fiscal year. The secretary shall administer the fund, and money in the fund is appropriated to the department to administer the provisions of the Graduate Medical Education Expansion Grant Program Act. Money in the fund may be utilized to secure federal and private matching funds as determined by the secretary. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of human services or the secretary's authorized representative.
B. To receive a grant, a graduate medical education training program shall apply to the graduate medical education expansion grant program, pursuant to rules adopted by the secretary. Grant amounts will be determined by each entity's grant application. Funds from the graduate medical education expansion grant program fund shall be distributed to graduate medical education training programs to develop and implement graduate medical education training programs. The application must include the applicant's plan to receive accreditation for the positions within the graduate medical education training program.
C. The department may provide one-time planning grants to graduate medical education training programs pursuant to rules adopted by the secretary.
D. The department may provide graduate medical education grants to:
(1) establish new graduate medical education training programs with first-year positions;
(2) fund unfilled, accredited first-year positions within a graduate medical education training program;
(3) expand the number of first-year positions within an existing graduate medical education training program; and
(4) fund existing graduate medical education training programs.
E. The department may prioritize applications that emphasize the following:
(1) developing new or expanded programs with specialties of psychiatry, family medicine, pediatric medicine and internal medicine;
(2) increasing positions for medical specialities having shortages within the state, with preference being given to the primary care specialties of family medicine, pediatric medicine and internal medicine; and
(3) increasing primary care positions in medically underserved areas within the state.
F. Each award recipient shall report annually to the graduate medical education expansion review board on the:
(1) expenditures of grant funds; and
(2) plans for unexpended funds.
History:
Laws 2019, ch. 141, § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 141 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 33 - Graduate Medical Education Expansion Grant Program › Section 24-33-4 - Graduate medical education expansion review board; created; duties.

A. Prior to October 1, 2019, the department shall create the "graduate medical education expansion review board" to:
(1) develop a state strategic plan for expanding graduate medical education training programs;
(2) review grant applications; and
(3) review the grants awarded pursuant to the Graduate Medical Education Expansion Grant Program Act.
B. The graduate medical education expansion review board shall consist of nine members who shall be appointed by the department. The review board shall include representation from each accredited osteopathic and allopathic medical school and from the following groups:
(1) the department;
(2) the higher education department;
(3) hospitals, primary care consortiums and medical organizations; and
(4) osteopathic and allopathic medical professional societies and associations.
C. The chair of the review board shall be elected by the review board. The review board shall meet at the call of the chair.
D. Members of the review board shall not be paid per diem and mileage or other compensation for their services.
E. The secretary shall provide staff support for the review board in the performance of its duties.
F. A simple majority of the review board members constitutes a quorum. A member of the review board shall abstain from voting or the member's vote shall be disqualified on any matter in which the member has a pecuniary interest.
G. The secretary of human services and the secretary of higher education shall assist the graduate medical education expansion review board in developing a strategic plan for the expansion of graduate medical education training programs, which shall include the following:
(1) a statement describing the objectives and goals of the review board, the strategies by which those goals will be achieved and a time line for achieving those goals;
(2) a summary of the current graduate medical education training programs throughout the state;
(3) a five-year plan for expanding graduate medical education training programs in the state;
(4) an evaluation of the standards and curriculum guidelines for graduate medical education training programs;
(5) an ongoing evaluation process of funds distributed through the graduate medical education expansion grant program that is overseen by the review board; and
(6) a plan to ensure long-term sustainability.
H. The graduate medical education expansion review board shall review applications to the graduate medical education expansion grant program and provide recommendations to the secretary.
History:
Laws 2019, ch. 141, § 4.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 141 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 34 - Reproductive and Gender-Affirming Health Care Freedom › Section 24-34-1 - Short title.

This act [24-34-1 to 24-34-5 NMSA 1978] may be cited as the "Reproductive and Gender-Affirming Health Care Freedom Act".
History:
Laws 2023, ch. 11, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 11 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 34 - Reproductive and Gender-Affirming Health Care Freedom › Section 24-34-2 - Definitions.

As used in the Reproductive and Gender-Affirming Health Care Freedom Act:
A. "gender-affirming health care" means psychological, behavioral, surgical, pharmaceutical and medical care, services and supplies provided to support a person's gender identity;
B. "public body" means a state or local government, an advisory board, a commission, an agency or an entity created by the constitution of New Mexico or any branch of government that receives public funding, including political subdivisions, special tax districts, school districts and institutions of higher education; and
C. "reproductive health care" means psychological, behavioral, surgical, pharmaceutical and medical care, services and supplies that relate to the human reproductive system, including services related to:
(1) preventing a pregnancy;
(2) abortion;
(3) managing a pregnancy loss;
(4) prenatal, birth, perinatal and postpartum health;
(5) managing perimenopause and menopause;
(6) managing fertility;
(7) treating cancers of the reproductive system; or
(8) preventing or treating sexually transmitted infections.
History:
Laws 2023, ch. 11, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 11 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 34 - Reproductive and Gender-Affirming Health Care Freedom › Section 24-34-3 - Public body prohibited action.

A. A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not discriminate against a person based on that person's use of or refusal to use reproductive health care or gender-affirming health care services.
B. A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not deny, restrict or interfere with a person's ability to access or provide reproductive health care or gender-affirming health care within the medical standard of care.
C. A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not deprive, through prosecution, punishment or other means, a person's ability to act or refrain from acting during the person's pregnancy based on the potential, actual or perceived effect on the pregnancy.
D. A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not impose or continue in effect any law, ordinance, policy or regulation that violates or conflicts with the provisions of the Reproductive and Gender-Affirming Health Care Freedom Act.
E. Nothing in the Reproductive and Gender-Affirming Health Care Freedom Act shall be construed to require a health care provider or entity to provide care:
(1) that the health care provider or entity does not otherwise provide or have a duty to provide under state or federal law;
(2) when the provision of service is against the medical judgment of the treating health care provider while acting within the standard of care; or
(3) when an individual does not provide payment or a source of payment for the service when it is required in the ordinary course of business, unless the health care provider has a duty to provide services under state or federal law, regardless of the ability to pay.
F. Nothing in the Reproductive and Gender-Affirming Health Care Freedom Act shall be construed to require a managed care organization or health insurance company to cover claims that are not otherwise required to be covered by the terms and conditions of an insurance contract, managed care contract or state or federal law.
History:
Laws 2023, ch. 11, § 3.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 11 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 34 - Reproductive and Gender-Affirming Health Care Freedom › Section 24-34-4 - Enforcement; penalties.

A. The attorney general or a district attorney may institute a civil action in district court if the attorney general or district attorney has reasonable cause to believe that a violation has occurred or to prevent a violation of the Reproductive and Gender-Affirming Health Care Freedom Act from occurring.
B. In any action brought under Subsection A of this section, the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief. The court may assess a civil penalty for a violation of the Reproductive and Gender-Affirming Health Care Freedom Act in the amount of five thousand dollars ($5,000) or actual damages resulting from each violation, whichever is greater.
C. Claims pursuant to the Reproductive and Gender- Affirming Health Care Freedom Act may be brought against public bodies and entities acting in the course and scope of authority of a public body, but not against an individual.
History:
Laws 2023, ch. 11, § 4.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 11 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 34 - Reproductive and Gender-Affirming Health Care Freedom › Section 24-34-5 - Private right of action.

A. A person claiming to be aggrieved by a violation of the Reproductive and Gender-Affirming Health Care Freedom Act may maintain an action in district court for appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damages or punitive damages, or the sum of five thousand dollars ($5,000) for each violation of the Reproductive and Gender-Affirming Health Care Freedom Act, whichever is greater.
B. In any action brought pursuant to Subsection A of this section, the court shall award a prevailing plaintiff reasonable attorney fees and costs to be paid by the defendant.
C. Claims pursuant to the Reproductive and Gender-Affirming Health Care Freedom Act may be brought against public bodies and entities acting in the course and scope of authority of a public body, but not against an individual.
History:
Laws 2023, ch. 11, § 5.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 11 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 35 - Reproductive and Gender-Affirming Health Care Protection › Section 24-35-1 - Short title.

Sections 1 through 8 [24-35-1 to 24-35-8 NMSA 1978] of this act may be cited as the "Reproductive and Gender-Affirming Health Care Protection Act".
History:
Laws 2023, ch. 167, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 167 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 35 - Reproductive and Gender-Affirming Health Care Protection › Section 24-35-2 - Definitions.

As used in the Reproductive and Gender-Affirming Health Care Protection Act:
A. "gender-affirming health care" means psychological, behavioral, surgical, pharmaceutical and medical care, services and supplies provided to support an individual's gender identity;
B. "protected health care activity" means:
(1) seeking, providing or receiving reproductive or gender-affirming health care; or
(2) assisting an individual who is seeking, receiving or providing reproductive or gender-affirming health care, including providing:
(a) information;
(b) transportation;
(c) lodging; or
(d) material support;
C. "public body" means a state or local government, an advisory board, a commission, an agency or an entity created by the constitution of New Mexico or a branch of government that receives public funding, including political subdivisions, special tax districts, school districts and institutions of higher education; and
D. "reproductive health care" means psychological, behavioral, surgical, pharmaceutical and medical care, services and supplies that relate to the human reproductive system, including services related to:
(1) preventing a pregnancy;
(2) abortion;
(3) managing a pregnancy loss;
(4) prenatal, birth, perinatal and postpartum health;
(5) managing perimenopause and menopause;
(6) managing infertility;
(7) treating cancers of the reproductive system; or
(8) preventing sexually transmitted infections.
History:
Laws 2023, ch. 167, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 167 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 35 - Reproductive and Gender-Affirming Health Care Protection › Section 24-35-3 - Public body; prohibited release of information related to a protected health care activity.

A. A public body or an individual or entity acting on behalf of or within the scope of the authority of a public body shall not release information or use resources available to it in furtherance of a foreign investigation or proceeding that seeks to impose civil or criminal liability or professional disciplinary action upon an individual or entity for engaging in a protected health care activity.
B. A public body or an individual or entity acting on behalf of or within the scope of the authority of a public body that receives a request for information related to a protected health care activity shall notify the individual or entity that is the subject of the information request and shall move to modify or quash the subpoena to prevent the release of protected health care activity information. Any request for information related to a protected health care activity shall be made in writing.
C. The provisions of this section shall not apply if the individual or entity that is the subject of the investigation or proceeding provides affirmative written consent to release the requested information.
D. This section shall not apply to an investigation or proceeding in which the conduct subject to potential liability would be subject to liability under the laws of this state.
History:
Laws 2023, ch. 167, § 3.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 167 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 35 - Reproductive and Gender-Affirming Health Care Protection › Section 24-35-4 - Foreign subpoenas and summonses.

A. A party shall not submit a foreign subpoena or summons for discovery or a witness to provide testimony related to an interstate investigation or proceeding that seeks to impose civil or criminal liability or professional disciplinary action related to a protected health care activity unless the requesting party submits an attestation, signed under the penalty of perjury, that the foreign subpoena or summons relates to an out-of-state action for which the same claim exists under the laws of this state.
B. An individual or entity served with a subpoena that is in violation of this section shall notify the issuing court and the moving party of the defect and shall not comply with the subpoena until the defect is cured by order of the issuing court.
C. A party that omits or submits a false attestation pursuant to this section shall be subject to the jurisdiction of the courts of this state in a suit for damages, penalties or both arising out of the omission or false attestation. A court shall assess a statutory penalty of ten thousand dollars ($10,000) per violation if the court finds the omission or false attestation was made intentionally, knowingly, willingly or recklessly.
History:
Laws 2023, ch. 167, § 4.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 167 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 35 - Reproductive and Gender-Affirming Health Care Protection › Section 24-35-5 - Abusive litigation; interference with a protected health care activity; civil actions.

A. For purposes of this section, "abusive litigation" means legal action initiated to deter, prevent, sanction or penalize an individual or entity for engaging in a protected health care activity by initiating a legal action in another state where civil or criminal liability is based on engaging in a protected health care activity in this state or attempting to enforce an order or judgment issued in connection with such legal action.
B. An individual or entity claiming to be aggrieved by abusive litigation may file an action in district court and seek relief pursuant to Section 8 [24-35-8 NMSA 1978] of the Reproductive and Gender-Affirming Health Care Protection Act, as well as the amount of a judgment issued in connection with the abusive litigation.
C. This section shall not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of New Mexico.
History:
Laws 2023, ch. 167, § 5.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 167 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 35 - Reproductive and Gender-Affirming Health Care Protection › Section 24-35-6 - Heightened protection for electronically transmitted information related to a protected health care activity.

A. For purposes of this section, "third party" means an individual or entity who transmits information related to a protected health care activity, in the normal course of business, in an electronic format. "Third party" does not mean a covered entity or business associate as defined by the federal Health Insurance Portability and Accountability Act of 1996 and related regulations.
B. It shall be a violation of the Reproductive and Gender-Affirming Health Care Protection Act to request from a third party, or for a third party to transmit, information related to an individual's or entity's protected health care activity with the intent to:
(1) harass, humiliate or intimidate that individual or entity;
(2) incite another to harass, humiliate or intimidate that individual or entity;
(3) cause that individual to reasonably fear for that individual's own or family members' safety;
(4) cause that individual to suffer unwanted physical contact or injury;
(5) cause that individual to suffer substantial emotional distress; or
(6) deter, prevent, sanction or penalize an individual or entity for engaging in a protected health care activity.
C. This section shall not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of New Mexico.
History:
Laws 2023, ch. 167, § 6.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 167 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 35 - Reproductive and Gender-Affirming Health Care Protection › Section 24-35-7 - Enforcement; penalties.

A. The attorney general or a district attorney is authorized to enforce the provisions of the Reproductive and Gender-Affirming Health Care Protection Act.
B. In an action brought under Subsection A of this section, the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief. The court may also assess a civil penalty for a violation of the Reproductive and Gender-Affirming Health Care Protection Act in the amount of ten thousand dollars ($10,000) or actual damages resulting from each violation, whichever is greater.
History:
Laws 2023, ch. 167, § 7.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 167 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 35 - Reproductive and Gender-Affirming Health Care Protection › Section 24-35-8 - Private right of action.

A. An individual or entity claiming to be aggrieved by a violation of the Reproductive and Gender-Affirming Health Care Protection Act may file an action in district court for appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damages or punitive damages, or for the sum of ten thousand dollars ($10,000) per violation, whichever is greater. Claims may be brought against a public body or third party that intentionally, knowingly, willingly or recklessly released information related to a protected health care activity.
B. In an action brought pursuant to Subsection A of this section, the district court shall award a prevailing plaintiff reasonable attorney fees and costs.
History:
Laws 2023, ch. 167, § 8.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 167 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 25 - Food › Article 1 - Food Service Sanitation › Section 25-1-1 - Short title.

Chapter 25, Article 1 NMSA 1978 may be cited as the "Food Service Sanitation Act".
History:
1953 Comp., § 54-3A-1, enacted by Laws 1977, ch. 309, § 1; 1989, ch. 197, § 1.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, substituted "Chapter 25, Article 1 NMSA 1978" for "This act".
2023 New Mexico Statutes › Chapter 25 - Food › Article 1 - Food Service Sanitation › Section 25-1-3 - Purpose.

The purpose of the Food Service Sanitation Act is to protect the public health by establishing standards and provisions for the regulation of food service establishments and by appropriate delegations of authority to the board and agency to adopt and enforce regulations covering the environmental health aspects of food service establishments to assure that consumers are not exposed to adverse environmental health conditions arising out of the operations of food service establishments.
History:
1953 Comp., § 54-3A-3, enacted by Laws 1977, ch. 309, § 3.
ANNOTATIONS
Cross references.
— For provisions relating to adulterated or misbranded food,
see
25-2-1 NMSA 1978 et seq.