reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 34 - Student Diabetes Management › Section 22-34-8 - Diabetes self-management.

Upon the written request of a parent or guardian of a student with diabetes and authorization by the student's diabetes medical management plan, a student with diabetes shall be permitted to perform blood glucose checks, administer insulin through the insulin delivery system that the student uses, treat hypoglycemia and hyperglycemia and otherwise attend to the care and management of the student's diabetes in the classroom, in any area of the school or school grounds and at any school-related activity. A student with diabetes shall be permitted to possess on the student's person at all times all necessary supplies and equipment to perform these monitoring and treatment functions. If the student's parent or guardian or the student requests, the student shall have access to a private area for performing diabetes care tasks.
History:
Laws 2019, ch. 22, § 8.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 22 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 22 - Public Schools › Article 34 - Student Diabetes Management › Section 22-34-9 - Enforcement.

A. Governing bodies shall provide a report to the public education department by October 15, 2020 and by each October 15 thereafter. The report shall:
(1) state how many students with diabetes are attending schools in each school district; and
(2) provide documentation regarding the compliance of the school district with the provisions of the Student Diabetes Management Act.
B. By December 31, 2019, the secretary of public education shall establish by rule the format of the report required pursuant to Subsection A of this section and the criteria for documentation.
C. The public education department shall publish each report required pursuant to Subsection A of this section on its website by November 15, 2020 and by each November 15 thereafter.
D. Students with diabetes and their parents or guardians may bring an administrative complaint with the public education department against any school or governing body that fails to meet its obligations to train school personnel to provide diabetes care as provided in Section 3 [22-34-3 NMSA 1978] of the Student Diabetes Management Act, to provide the diabetes care described in Section 5 [22-34-5 NMSA 1978] of the Student Diabetes Management Act or to permit self-management of diabetes as outlined in Section 8 [22-34-8 NMSA 1978] of the Student Diabetes Management Act. This right of action shall not alter or limit the remedies available under any other state or federal law, including Section 504 of the federal Rehabilitation Act, the federal Americans with Disabilities Act of 1990 and the federal Individuals with Disabilities Education Act.
History:
Laws 2019, ch. 22, § 9.
ANNOTATIONS
Cross references.
— For the federal Individuals with Disabilities Education Act,
see
20 U.S.C. § 1400 et seq.
For the federal Rehabilitation Act,
see
29 U.S.C. § 701 et seq.
For the federal Americans with Disabilities Act of 1990,
see
Titles 29, 42 and 47 of the U.S.C.
Effective dates.
— Laws 2019, ch. 22 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 22 - Public Schools › Article 35 - Safe Schools for All Students › Section 22-35-1 - Short title.

This act [22-35-1 to 22-35-5 NMSA 1978] may be cited as the "Safe Schools for All Students Act".
History:
Laws 2019, ch. 181, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 181, § 7 made Laws 2019, ch. 181 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 35 - Safe Schools for All Students › Section 22-35-4 - Bullying prevention programs establishment.

A. Following adoption of a bullying prevention policy, each public school shall:
(1) establish an annual bullying prevention program for students included in New Mexico's health education content standards with benchmarks and performance standards;
(2) provide annual training on bullying prevention to all employees and volunteers who have significant contact with students; and
(3) incorporate information on the bullying prevention policy into new employee training.
B. Each school district and public school shall develop a plan for the way in which the policy is to be publicized, including:
(1) making each school district's anti-bullying policy, and developmentally, culturally and linguistically appropriate variants of the policy, available on public websites;
(2) identifying a point of contact for bullying-related concerns; and
(3) informing parents and students about the policy at least annually through student handbooks and other resources.
History:
Laws 2019, ch. 181, § 4.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 181, § 7 made Laws 2019, ch. 181 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 22 - Public Schools › Article 35 - Safe Schools for All Students › Section 22-35-5 - Department duties; school district and charter school report cards.

A. The department shall:
(1) issue guidance for bullying prevention programs and policies in accordance with the Safe Schools for All Students Act; and
(2) within one hundred twenty days of the effective date of the Safe Schools for All Students Act:
(a) promulgate rules for a model policy for local school boards on bullying prevention in accordance with that act, as well as any developmentally, culturally or linguistically appropriate variants of the policy;
(b) provide guidance to local school boards relating to effective forms of progressive discipline to reduce bullying and school violence; and
(c) provide guidance to local school boards on effective bullying prevention programs to reduce bullying and school violence.
B. At the same time as or as part of the annual accountability report, each school district and charter school shall report on the status of its implementation of the provisions of the Safe Schools for All Students Act, including the aggregate number of incidents of bullying in the state, the aggregate number of incidents of harassment under any applicable federal or state laws, the aggregate number of responsive actions taken by public schools by type of action, a tabulation of the number of incidents associated with each distinguishing characteristic defined in the Safe Schools for All Students Act, the department's evaluation of the sufficiency of funding for bullying prevention programs and any recommendations for policy or programmatic change to improve the addressing of bullying issues in the state.
History:
Laws 2019, ch. 181, § 5.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 181, § 7 made Laws 2019, ch. 181 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 22A - Other Public School Laws › Article 1 - Literacy for Children at Risk › Section 22A-1-1 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled 22A-1-1 NMSA 1978 as 22-13-3.3 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22A - Other Public School Laws › Article 1 - Literacy for Children at Risk › Section 22A-1-2 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled 22A-1-2 NMSA 1978 as 22-13-3.4 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22A - Other Public School Laws › Article 1 - Literacy for Children at Risk › Section 22A-1-3 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled 22A-1-3 NMSA 1978 as 22-13-3.5 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22A - Other Public School Laws › Article 1 - Literacy for Children at Risk › Section 22A-1-4 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled 22A-1-4 NMSA 1978 as 22-13-3.6 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 22A - Other Public School Laws › Article 1 - Literacy for Children at Risk › Section 22A-1-5 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2003, ch. 153, § 72 recompiled 22A-1-5 NMSA 1978 as 22-13-3.7 NMSA 1978, effective April 4, 2003.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 1 - General Provisions › Section 23-1-3 - [Boards to disburse funds; reports.]

The board of regents or other boards of control of said institutions are hereby authorized to expend said moneys as herein provided for said purposes and said boards shall make a full and complete report of the expenditures which they may make under the provisions of this act [23-1-2, 23-1-3 NMSA 1978], giving amount and purpose for which expended, to the governor of the state of New Mexico.
History:
Laws 1905, ch. 72, § 2; Code 1915, § 5154; C.S. 1929, § 130-1304; 1941 Comp., § 5-104; 1953 Comp., § 13-3-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For public finances generally,
see
Chapter 6 NMSA 1978.
For finances of state educational institutions,
see
6-17-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 1 - General Provisions › Section 23-1-4 - [Annual statement of receipts and disbursements.]

It is hereby made the duty of the several boards of managers of state charitable or other institutions which receive any money from the state treasury, at the end of each fiscal year to make out an itemized and detailed statement of all receipts and disbursements of such institution up to and including the last day of said fiscal year, which shall be sworn to as correct by the secretary, treasurer or other accounting officer of such institution who draws and receives the state funds and shall be transmitted to the governor of the state within the first thirty days of the new fiscal year; and any failure on the part of any person or officer to perform the duties herein specified shall subject such person to removal from his position and in case he is a bonded officer it shall be considered as a breach of his bond and be a misdemeanor in office, for which he may be fined in any sum not exceeding five hundred [dollars] [($500)] nor less than one hundred dollars [($100)], which shall be recovered from him and the sureties on his bond as a penalty.
History:
Laws 1901, ch. 98, § 3; Code 1915, § 5157; C.S. 1929, § 130-1307; 1941 Comp., § 5-108; 1953 Comp., § 13-3-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 1 - General Provisions › Section 23-1-6 - [Emergency food and clothing; resolution required; approval by governor.]

Before such food and clothing shall be purchased, in case of emergency, as provided in the preceding section [23-1-5 NMSA 1978], there shall be passed a resolution of the governing board of the institutions mentioned, respectively, setting forth the kind, quantity, quality and estimated cost of such supplies, food and clothing, and the necessity therefor, and showing the state of the funds appropriated to such institutions respectively; and a copy thereof certified by the president, chairman or other head of such board, and attested by its secretary or clerk, shall be transmitted to the governor, who, if he approve the same, shall return it to the board from which it came, with his approval thereon endorsed over his signature, and thereupon the purchases specified shall be authorized; but if he disapprove the resolution, he shall so notify the board aforesaid.
History:
Laws 1912, ch. 69, § 2; Code 1915, § 5159; C.S. 1929, § 130-1309; 1941 Comp., § 5-110; 1953 Comp., § 13-3-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 1 - General Provisions › Section 23-1-7 - [Penalty for exceeding appropriations.]

Any person violating any of the provisions of the two preceding sections [23-1-5, 23-1-6 NMSA 1978] shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by a fine not exceeding $500 nor less than $100, or by imprisonment in the penitentiary for not less than six months nor more than one year, or by both such fine and imprisonment in the discretion of the court trying such cause.
History:
Laws 1912, ch. 69, § 3; Code 1915, § 5160; C.S. 1929, § 130-1310; 1941 Comp., § 5-111; 1953 Comp., § 13-3-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 1 - General Provisions › Section 23-1-8 - [Grand jury to note statutes prohibiting indebtedness exceeding appropriations.]

It is hereby made the duty of the several district judges to call to the attention of grand jurors the provisions of the three preceding sections [23-1-5 to 23-1-7 NMSA 1978].
History:
Laws 1912, ch. 69, § 4; Code 1915, § 5161; C.S. 1929, § 130-1311; 1941 Comp., § 5-112; 1953 Comp., § 13-3-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 1 - General Provisions › Section 23-1-9 - Repealed.

History:
1941 Comp., § 5-113, enacted by Laws 1941, ch. 69, § 1; 1953 Comp., § 13-3-13; repealed by Laws 2017, ch. 87, § 31.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 87, § 31 repealed 23-1-9 NMSA 1978, as enacted by Laws 1941, ch. 69, § 1, relating to retirement and pensions for employees, effective June 16, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 1 - General Provisions › Section 23-1-10 - Repealed.

History:
1941 Comp., § 5-114, enacted by Laws 1941, ch. 69, § 2; 1953 Comp., § 13-3-14; repealed by Laws 2017, ch. 87, § 31.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 87, § 31 repealed 23-1-10 NMSA 1978, as enacted by Laws 1941, ch. 69, § 2, relating to right to pension, maximum amount, inclusion in budget, effective June 16, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 1 - General Provisions › Section 23-1-11 - [Payment of pensions from excess of income from donated lands only.]

That all pensions provided by this act [23-1-11 NMSA 1978] shall be payable solely out of the income or current fund of the institution paying such pensions derived from the renting of lands of such institution donated by the United States of America, over and above such portion of such current income as may be necessary to service any bond issue of such institution heretofore lawfully issued, and no part of such pensions shall be paid out of the permanent fund of such institution, nor out of funds raised by general taxation.
History:
1941 Comp., § 5-115, enacted by Laws 1941, ch. 69, § 3; 1953 Comp., § 13-3-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— "This act" referred to Laws 1941, ch. 69, §§ 1, 2 and 3 (Sections 23-1-9, 23-1-10 and 23-1-11 NMSA 1978). Laws 2017, ch. 87, § 31 repealed Sections 23-1-9 and 23-1-10 NMSA 1978, effective June 16, 2017.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 1 - General Provisions › Section 23-1-12 - Transfer of existing institutions.

A. All property, appropriations and cash balances now held in the name of the following institutional facilities, or by any state agency for the indicated facilities, the use of which is not limited by the terms of any trust or constitutional provision, and staff employed by the following institutional facilities, are transferred to the department of health:
(1) New Mexico behavioral health institute at Las Vegas;
(2) Los Lunas medical center;
(3) Fort Bayard medical center veterans' unit;
(4) Villa Solano;
(5) Fort Stanton hospital;
(6) Turquoise lodge;
(7) Pecos lodge; and
(8) New Mexico state veterans' home.
B. The secretary of health may delegate the authority for the supervision and operation of any of the institutional facilities transferred under Subsection A of this section to any of the organizational units within the department of health.
History:
1953 Comp., § 13-12-1, enacted by Laws 1977, ch. 253, § 42; 2005, ch. 313, § 4; 2019, ch. 146, § 2.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, transferred the New Mexico state veterans' home from the veterans' services department to the department of health; in Subsection A, in the introductory clause, after "constitutional provision", added "and staff employed by the following institutional facilities", and added Paragraph A(8).
The 2005 amendment,
effective June 17, 2005, changed the name of the Las Vegas medical center to the New Mexico behavioral institute at Las Vegas in Subsection A(1) and added "veterans' unit" in Subsection A(3).
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 1 - General Provisions › Section 23-1-13 - New medical center names.

A. Henceforth, the New Mexico state hospital at Las Vegas and the meadows home for the aged will be known as the "New Mexico behavioral health institute at Las Vegas". This center may offer general hospital care, extended care, intermediate care, skilled nursing services and out-patient care, as well as services now required by statute.
B. Henceforth, the Los Lunas hospital and training school at Los Lunas will be known as the "Los Lunas medical center". This center may offer general hospital care, extended care, skilled nursing services and out-patient care, as well as services now required by statute.
C. Henceforth, the Fort Bayard hospital will be known as the "Fort Bayard medical center". This center may offer general hospital care, extended care, skilled nursing services and out-patient care, as well as services now required by statute.
History:
1953 Comp., § 13-12-1.2, enacted by Laws 1970, ch. 45, § 1; 2005, ch. 313, § 5.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed the name of the Las Vegas medical center to the New Mexico behavioral institute at Las Vegas in Subsection A.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 2 - Carrie Tingley Crippled Children's Hospital › Section 23-2-1 - Carrie Tingley crippled children's hospital program created.

In order to provide care and treatment for the crippled children of New Mexico in need of long-term inpatient or outpatient care, there is hereby created the Carrie Tingley crippled children's hospital program to be administered by the board of regents of the university of New Mexico. For the purposes of this section, "crippled children" means children whose primary diagnosis is a chronic impairment which may require long-term inpatient or outpatient medical or surgical care or treatment.
History:
Laws 1937, ch. 13, § 1; 1941 Comp., § 5-301; 1953 Comp., § 13-5-1; Laws 1981, ch. 275, § 1; 1989, ch. 247, § 1.
ANNOTATIONS
Cross references.
— For hospital as state institution,
see
N.M. Const., art. XIV, § 1.
For licensure of health facilities under Public Health Act,
see
24-1-5 NMSA 1978.
For Medical Malpractice Act,
see
Chapter 41, Article 5 NMSA 1978.
Legislative intent.
— In enacting this section, the legislature plainly intended that Carrie Tingley crippled children's hospital be located in the buildings erected at Truth or Consequences. The location of Carrie Tingley cannot be changed without a change in this section. 1980 Op. Att'y Gen. No. 80-16 (rendered prior to 1981 amendment).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
40A Am. Jur. 2d Hospitals and Asylums §§ 1 to 26.
41 C.J.S. Hospitals § 6.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 2 - Carrie Tingley Crippled Children's Hospital › Section 23-2-2 - Advisory committee.

The board of regents of the university of New Mexico shall appoint and consult with an advisory group consisting of at least three parents of children with a chronic impairment and two health professionals.
History:
Laws 1937, ch. 13, § 2; 1941 Comp., § 5-302; Laws 1951, ch. 127, § 1; 1953 Comp., § 13-5-2; Laws 1955, ch. 126, § 1; 1987, ch. 199, § 1; 1989, ch. 247, § 2.
ANNOTATIONS
Salary not authorized.
— Public officers are not entitled to a salary unless it is authorized by statute, and there is no such authorization for the directors of Carrie Tingley crippled children's hospital in Laws 1937, ch. 13. 1938 Op. Att'y Gen. No. 38-2036 (rendered prior to law).
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 2 - Carrie Tingley Crippled Children's Hospital › Section 23-2-3 - Powers and duties.

The board of regents of the university of New Mexico shall manage, control and govern the Carrie Tingley crippled children's hospital program under rules, regulations or other directives and policies as the board of regents may from time to time prescribe. The board of regents of the university of New Mexico has the full power to enter into contracts or other agreements as it deems necessary or desirable for the operation and management of the Carrie Tingley crippled children's hospital program.
History:
1978 Comp., § 23-2-3, enacted by Laws 1989, ch. 247, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1989, ch. 247, § 3 repealed 23-2-3 NMSA 1978, as enacted by Laws 1937, ch. 13, § 3, relating to powers and duties, and enacted a new section, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 2 - Carrie Tingley Crippled Children's Hospital › Section 23-2-4 to 23-2-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 247, § 8 repealed 23-2-4 to 23-2-6 NMSA 1978, as enacted by Laws 1937, ch. 13, §§ 4 to 6, relating to medical superintendent and other agents and employees, departments and services, and admittance to hospital, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 2 - Carrie Tingley Crippled Children's Hospital › Section 23-2-7 - Carrie Tingley crippled children's hospital fund and program funds.

There is created the "Carrie Tingley crippled children's hospital program fund". All money now held by the Carrie Tingley crippled children's hospital fund or payable to that fund in the future for the purpose of operating and managing the Carrie Tingley crippled children's hospital program shall be paid over to the board of regents of the university of New Mexico to be used for the purpose of operating the Carrie Tingley crippled children's hospital program. All money from patient care and treatment rendered by the Carrie Tingley crippled children's hospital program, now held or received in the future, shall be paid over to the board of regents of the university of New Mexico to be used for the purpose of operating the Carrie Tingley crippled children's hospital program.
History:
Laws 1937, ch. 13, § 7; 1941 Comp., § 5-307; 1953 Comp., § 13-5-7; Laws 1989, ch. 247, § 4.
ANNOTATIONS
Lottery for benefit of hospital illegal.
— Lottery to be conducted as part of a fair to be held in state for benefit of crippled children's hospital is illegal.
Harriman Inst. of Soc. Research, Inc. v. Carrie Tingley Crippled Children's Hosp.
, 1938-NMSC-062, 43 N.M. 1, 84 P.2d 1088.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 2 - Carrie Tingley Crippled Children's Hospital › Section 23-2-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 247, § 8 repealed 23-2-8 NMSA 1978, as enacted by Laws 1941, ch. 27, § 1, relating to an appropriation for the hospital maintenance fund, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 2 - Carrie Tingley Crippled Children's Hospital › Section 23-2-9 - Receipts from public lands where no beneficiary is designated.

The commissioner of public lands and the state treasurer are authorized to transfer to the board of regents of the university of New Mexico for the credit of the Carrie Tingley crippled children's hospital program all receipts now held or which may hereafter be received from any lands acquired by the state by purchase and placed under the state land office where no beneficiary is specified, including Conchas dam lands.
History:
1941 Comp., § 8-115a; Laws 1953, ch. 33, § 1; 1953 Comp., § 13-5-9; Laws 1989, ch. 247, § 5.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 3 - Miners' Hospital › Section 23-3-2 - Board created; terms; composition; compensation.

A. There is created the "board of trustees of the miners' hospital of New Mexico". The board shall consist of five members appointed by the governor with the advice and consent of the senate. One member of the board shall be a licensed physician, two members shall be miners or their representatives and two members shall be representatives of the general public. Members of the board shall be appointed for staggered terms of five years each, except that the initial board shall be composed of one member appointed for a term of one year, one member appointed for a term of two years, one member appointed for a term of three years, one member appointed for a term of four years and one member appointed for a term of five years.
B. A majority of the board shall constitute a quorum for doing business.
C. Members of the board shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
1953 Comp., § 13-6-2, enacted by Laws 1975, ch. 19, § 1.
ANNOTATIONS
Members of legislature may not serve.
— Members of the legislature may not serve on the following boards and commissions: (1) livestock board; (2) state police board; (3) capitol buildings improvement commission (now department of finance and administration); (4) board of regents - El Rito normal; (5) state fair commission; (6) miners' hospital of New Mexico. 1959 Op. Att'y Gen. No. 59-140.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 3 - Miners' Hospital › Section 23-3-3 - Powers and duties.

The board is a body corporate under the name of the board of trustees of the miners' hospital of New Mexico and has the power to sue and be sued, contract, acquire land by purchase or donation and to do all other things necessary to carry out its duties. The board shall supervise and control all functions of the operation and management of the miners' hospital of New Mexico.
History:
1953 Comp., § 13-6-3, enacted by Laws 1975, ch. 19, § 2.
ANNOTATIONS
Restrictions on the appropriation of the miner's hospital trust fund revenues
contained in the 1988 appropriations bill were consistent with the rule that legislative conditions on appropriations be limited to the fiscal period covered by the bill and did not conflict with this section. 1989 Op. Att'y Gen. No. 89-30.
Miners' hospital board has power to remove or discharge any employee,
but it must exercise this power in accordance with the rules promulgated by the personnel board. 1964 Op. Att'y Gen. No. 64-130.
Removal of physician.
— The miners' hospital board may dismiss a physician in its employment for not abiding by the rules and regulations of the hospital board, but the physician has the right to appeal the dismissal to the personnel board. 1964 Op. Att'y Gen. No. 64-130.
Authority to rent, lease or sell facilities and equipment.
— The renting or leasing of facilities and equipment would not be outside the authority granted. And further, a sale of laboratory and X-ray equipment owned by the state may be made by the chairman of the board in accordance with the provisions of 13-6-2 NMSA 1978. 1957 Op. Att'y Gen. No. 57-209.
Expansion of facilities.
— The board of trustees for miners' hospital can commit the miners' trust and the state of New Mexico to acquire northern Colfax county hospital and agree to operate a general hospital to provide at least the health care services of the scope and quality appropriate to the needs of the population of Colfax county. The board does not violate the terms of the trust by placing $1 million in escrow for 75 years for the purchase of the facility that, under one method of valuation, had no significant value at the date of acquisition. 1988 Op. Att'y Gen. No. 88-21.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 3 - Miners' Hospital › Section 23-3-4 - Transfer of funds and property.

All property, real, personal and mixed, including appropriations and cash balances now held by the hospitals and institutions department for the purpose of operating and managing the miners' hospital of New Mexico is transferred to the board of trustees of the miners' hospital of New Mexico.
History:
1953 Comp., § 13-6-4, enacted by Laws 1975, ch. 19, § 3.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 4 - New Mexico Veterans' Home › Section 23-4-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 133, § 6 repealed 23-4-2 NMSA 1978, as enacted by Laws 1974 (1st S.S.), ch. 2, § 3, relating to duties of executive director of the veterans' center, effective June 19, 1987.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 4 - New Mexico Veterans' Home › Section 23-4-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 133, § 6 repealed 23-4-4 NMSA 1978, as enacted by Laws 1974 (1st S.S.), ch. 2, § 5, relating to payment of charges at the veterans' center, effective June 19, 1987.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 4 - New Mexico Veterans' Home › Section 23-4-4.1 - Donations; gifts; bequests.

The New Mexico state veterans' home may accept donations, gifts and bequests of land, money or other things of value for the purposes of Sections 23-4-1 and 23-4-3 NMSA 1978. The title to such lands, together with all improvements thereon, shall vest in the state, and the deeds thereto, all insurance policies, certificates of water rights and other evidences of ownership of the land or improvements of the New Mexico state veterans' home shall be filed as provided by law. Except as provided by the conditions of such donations, gifts and bequests, all donations and gifts of money shall be deposited by law.
History:
1978 Comp., § 23-4-4.1, enacted by Laws 1983, ch. 329, § 5; 1986, ch. 103, § 4; 1987, ch. 133, § 3; 1993, ch. 7, § 3; 2001, ch. 40, § 3.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, substituted "state veterans' home" for "veterans' center" in two places and updated the internal reference in the first sentence.
The 1993 amendment,
effective June 18, 1993, inserted "New Mexico veterans' " preceding "center" in the first and second sentences.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 4 - New Mexico Veterans' Home › Section 23-4-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 329, § 9, repealed 23-4-5 NMSA 1978, as enacted by Laws 1974 (1st S.S.), ch. 2, § 7, relating to donations and their title in state, and 23-4-6 NMSA 1978, as enacted by Laws 1974 (1st S.S.), ch. 2, § 8, relating to acquisition of lands and their title in state, effective April 8, 1983. For present provisions,
see
23-4-4.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 5 - Las Vegas Medical Center › Section 23-5-1 - Object.

The object of the New Mexico behavioral health institute at Las Vegas is the observation, diagnosis, treatment, care and maintenance of the mentally ill.
History:
1953 Comp., § 34-1-11.1, enacted by Laws 1959, ch. 360, § 1. 2005, ch. 313, § 6.
ANNOTATIONS
Cross references.
— For provisions of the Mental Health and Developmental Disabilities Code,
see
Chapter 43, Article 1 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, changed the name of the Las Vegas medical center to the New Mexico behavioral institute at Las Vegas.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Civil liability for physical measures undertaken in connection with treatment of mentally disordered patient, 8 A.L.R.4th 464.
Hospital's liability for mentally deranged patient's self-inflicted injuries, 36 A.L.R.4th 117.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 5 - Las Vegas Medical Center › Section 23-5-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 72, § 1, repealed 23-5-2 NMSA 1978, as enacted by Laws 1959, ch. 188, § 1, relating to the power of the governing authority of the state hospital to create branch facilities, effective March 21, 1981.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 6 - Los Lunas Medical Center (Repealed.) › Section 23-6-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1978, ch. 211, § 16, repealed former 34-3-2 and 34-3-5, 1953 Comp. (23-6-1, 23-6-2 NMSA 1978), relating to establishment, powers and duties of the Los Lunas hospital and training school, effective March 7, 1978.
Laws 1981, ch. 72, § 1, purported to repeal 23-6-2 NMSA 1978, although it had already been repealed by Laws 1978, ch. 211, § 16.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 7 - Community Mental Health Services (Repealed.) › Section 23-7-1 to 23-7-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 270, § 10 repealed 23-7-1 NMSA 1978, as enacted by Laws 1973, ch. 378, § 1, relating to pilot demonstration centers, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
9-7-6.3 NMSA 1978.
Laws 1999, ch. 270, § 10 repealed the Community Mental Health Services Act, 23-7-2 to 23-7-12 NMSA 1978, as enacted by Laws 1975, ch. 104, §§ 1 to 11, effective July 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
9-7-6.3 NMSA 1978.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 8 - Children's Psychiatric Unit at University of New Mexico › Section 23-8-1 - Children's psychiatric unit; operational control.

After the completion of the construction and equipment of the children's psychiatric unit at Albuquerque by the hospitals and institutions department, as provided by Laws 1975, Chapter 140, the operational control of the children's psychiatric unit shall be by the regents of the university of New Mexico.
History:
1953 Comp., § 73-25-3.1, enacted by Laws 1977, ch. 174, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1975, Chapter 140 was not compiled, as it was not of a general and permanent nature.
Cross references.
— For provisions of the Mental Health and Developmental Disabilities Code,
see
Chapter 43, Article 1 NMSA 1978.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 9 - Adolescent Treatment Hospital › Section 23-9-2 - Definitions.

As used in the Adolescent Treatment Hospital Act :
A. "adolescent" means a person aged thirteen through twenty;
B. "adolescent treatment hospital" means the hospital created pursuant to the Adolescent Treatment Hospital Act;
C. "board" means the adolescent treatment hospital governing board;
D. "adolescent residential treatment facility" means the facility created pursuant to the Adolescent Treatment Hospital Act; and
E. "coordinated treatment panel" means the group made up of trained health and mental health professionals who review and approve psychosocial treatment recommendations, develop psychosocial treatment alternatives, track costs and cost-effectiveness and evaluate outcomes; and
F. "secretary" means the secretary of health.
History:
Laws 1992, ch. 60, § 2; 1998, ch. 28, § 1.
ANNOTATIONS
The 1998 amendment,
effective May 20, 1998, in Subsection E, deleted "from the human services department, the department of health, the state department of public education and the youth authority" following "professionals".
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 9 - Adolescent Treatment Hospital › Section 23-9-3 - Adolescent treatment hospital; creation.

The "adolescent treatment hospital" is created. The adolescent treatment hospital shall provide care, treatment and reintegration into society for adolescents who are violent or who have a history of violence and have a mental disorder and who are amenable to treatment.
History:
Laws 1992, ch. 60, § 3.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 9 - Adolescent Treatment Hospital › Section 23-9-4 - Adolescent residential treatment facility; creation.

The "adolescent residential treatment facility" is created. The adolescent residential treatment facility shall provide a residential treatment program designed for treating adolescents with serious emotional disturbances for the purpose of developing skills necessary for successful transition into the community. The facility shall include a therapeutic environment by establishing a therapeutic milieu or by using a reeducation model that emphasizes the building of competencies.
History:
Laws 1992, ch. 60, § 4.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 9 - Adolescent Treatment Hospital › Section 23-9-5 - Adolescent treatment hospital governing board; creation; organization; duties.

A. There is created the "adolescent treatment hospital governing board" consisting of five members appointed by the secretary. The members shall serve at the pleasure of the secretary and shall be familiar with the treatment and care of violent adolescents who are mentally disordered.
B. The board shall advise the secretary on professional practices, community concerns and policies and procedures related to the treatment of adolescents admitted to the adolescent treatment hospital.
C. The board, in consultation with the secretary, shall make and adopt such reasonable rules and regulations as may be necessary or convenient to carry out its duties and to administer the provisions of the Adolescent Treatment Hospital Act.
History:
Laws 1992, ch. 60, § 5.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 9 - Adolescent Treatment Hospital › Section 23-9-6 - Hospital admissions; treatment.

A. Adolescents shall be admitted to the adolescent treatment hospital and adolescent residential treatment facility only in accordance with the provisions of the Mental Health and Developmental Disabilities Code [Chapter 43, Article 1 NMSA 1978] or the Children's Mental Health and Developmental Disabilities Act. The coordinated treatment panel may make recommendations on admissions.
B. The secretary shall, in consultation with the board, define admittance criteria; provided that the criteria may not exclude adolescents in the custody of other agencies who might otherwise meet the criteria for services provided through the adolescent treatment hospital.
C. The Mental Heath [Health] and Developmental Disabilities Code or the Children's Mental Health and Developmental Disabilities Act shall apply to inpatient treatment.
History:
Laws 1992, ch. 60, § 6; 1998, ch. 28, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The Children's Mental Health and Developmental Disabilities Act, referred to in Subsections A and C, appeared as 32A-6-1 to 32A-6-22 NMSA 1978 before being repealed by Laws 2007, ch. 162, § 31, effective June 15, 2007. For present comparable provisions,
see
Chapter 32A, Article 6A NMSA 1978.
The 1998 amendment,
effective, May 20, 1998, rewrote Subsection A, and inserted "or the Children's Mental Health and Developmental Disabilities Act" in Subsection C.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 9 - Adolescent Treatment Hospital › Section 23-9-7 - Adolescent treatment hospital and adolescent residential treatment facility administration.

A. The adolescent treatment hospital and adolescent residential treatment facility shall be under the administration and control of the department of health. The secretary of health shall ensure that the adolescent treatment hospital becomes accredited by an appropriate hospital accreditation organization within the limits of its appropriations and, notwithstanding that accreditation, shall also seek and maintain licensure under the appropriate state standards.
B. The adolescent treatment hospital and adolescent residential treatment facility may establish and maintain administrative units and services for administration, medical and mental health care treatment, nursing, dietetics, education, recreation, social work and related services as may be necessary to carry out the purposes for which the adolescent treatment hospital and adolescent residential treatment facility are established.
C. Employees of the adolescent treatment hospital and adolescent residential treatment facility shall be subject to the State Personnel Act [Chapter 10, Article 9 NMSA 1978].
D. The adolescent treatment hospital and adolescent residential treatment facility may develop and implement a reasonable schedule of fees for adolescents not in the custody of the state and not otherwise eligible for services paid for or supported by the state. All fee payments shall be deposited with the state treasurer and credited to the general fund.
E. The adolescent treatment hospital and adolescent residential treatment facility may accept donations, gifts or bequests of land, money or things of value for the establishment, maintenance and advancement of the adolescent treatment hospital and adolescent residential treatment facility. Title to lands acquired shall be vested in the state. Donations, gifts and bequests of money shall be deposited to the credit of the adolescent treatment hospital and adolescent residential treatment facility if required as a condition of the donation, gift or bequest.
History:
Laws 1992, ch. 60, § 7.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 10 - New Mexico Poison and Drug Information Center › Section 23-10-1 - New Mexico poison and drug information center created.

The "New Mexico poison and drug information center" is created as part of the university of New Mexico health sciences center.
History:
Laws 2013, ch. 56, § 1.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 56 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 10 - New Mexico Poison and Drug Information Center › Section 23-10-2 - Certification.

The New Mexico poison and drug information center shall maintain certification by the American association of poison control centers.
History:
Laws 2013, ch. 56, § 2.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 56 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 23 - State Health Institutions › Article 10 - New Mexico Poison and Drug Information Center › Section 23-10-3 - Duties.

The New Mexico poison and drug information center shall:
A. provide expert, twenty-four-hour, seven-day-a-week assistance to the residents of New Mexico during possible poisoning emergencies;
B. provide expert, twenty-four-hour, seven-day-a-week emergency management and treatment referral of victims of poisoning to determine whether treatment can be accomplished at the scene of the incident or if transport to an emergency treatment or other facility is required;
C. provide expert, twenty-four-hour, seven-day-a-week treatment recommendations for all types of poisonings, chemical exposures, drug overdoses and exposure to chemical weapons of mass destruction. This information shall be provided to medical and nonmedical providers;
D. carry out follow-up for hospitalized and non-hospitalized poison patients to assess progress and recommend additional treatment as necessary;
E. carry out follow-up to families and other individuals, where practicable, to ensure that adequate care is provided;
F. work to improve the health of the residents of New Mexico by reducing illness and death associated with poisoning and by encouraging proper use of medications;
G. identify and address problems associated with poisoning and medication-related illness through education and public service;
H. work to reduce the costs associated with poisoning by treating people with less severe exposures at their homes with the center's guidance;
I. train health care professionals in the field of clinical toxicology;
J. expand knowledge in the field of clinical toxicology through an active research program;
K. prevent poisonings through surveillance of toxic events, education, regulation and collaboration with local, state and federal agencies;
L. offer drug information services that provide individualized, accurate, relevant and unbiased information to consumers and health care professionals regarding medication-related inquiries;
M. help train pharmacists to become drug information providers;
N. seek to effectively use the center's resources; and
O. work to advance the center's institutional mission while supporting professional and personal growth.
History:
Laws 2013, ch. 56, § 3.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 56 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-1 - Short title.

Chapter 24, Article 1 NMSA 1978 may be cited as the "Public Health Act".
History:
1953 Comp., § 12-34-1, enacted by Laws 1973, ch. 359, § 1; 2004, ch. 44, § 1; 2004, ch. 50, § 1.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, changed the statutory reference from "Sections 1 through 22" to "Chapter 24, Article 1".
Laws 2004, ch. 44, § 1 and Laws 2004, ch. 50, § 1 enacted identical amendments to this section. The section was set out as amended by Laws 2004, ch. 50, § 1.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Health § 1 et seq.
39A C.J.S. Health and Environment § 1 et seq.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 1 - Public Health › Section 24-1-4 - Creation of health regions; appointment of health officers; powers and duties of health officers.

A. The director shall establish health regions and may modify and create new health regions as the director deems necessary.
B. A regional health officer shall provide medical oversight to school nurses in the regional health officer's region. A school nurse shall make reports relating to public health as the regional health officer in the school nurse's region requires.
C. As used in this section, "medical oversight" means advice and direction that is provided by a regional health officer or under the direction of a regional health officer to a school nurse, or a school nurse's designee, who performs nursing activities in a school setting.
History:
1953 Comp., § 12-34-4, enacted by Laws 1973, ch. 359, § 4; 2017, ch. 87, § 6.
ANNOTATIONS
Cross references.
— For district health officers generally,
see
24-4-1 to 24-4-3 NMSA 1978.
The 2017 amendment,
effective June, 16, 2017, provided additional duties for the secretary of health, provided duties for regional health officers, and defined "medical oversight" as used in this section; in the catchline, deleted "districts" and added "regions"; in Subsection A, after "shall establish health", deleted "districts" and added "regions", after "create new", deleted "ones" and added "health regions", and after "he", added "the director"; deleted former Subsections B through D, which related to district health officers", and added new Subsections B and C.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Health § 16 et seq.
Personal liability of health officer, 24 A.L.R. 798.
39A C.J.S. Health and Environment §§ 3 to 17.