reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 21 - Genetic Information Privacy › Section 24-21-6 - Penalties.

A. The attorney general or a district attorney may bring a civil action against a person for violating the provisions of the Genetic Information Privacy Act or to otherwise enforce those provisions.
B. An individual whose rights under the provisions of the Genetic Information Privacy Act have been violated may bring a civil action for damages or other relief.
C. The court may order a person who violates the provisions of the Genetic Information Privacy Act to comply with those provisions and may order other appropriate relief, including:
(1) directing an insurer who has violated Section 24-21-3 or 24-21-4 NMSA 1978 to provide a policy for hospital and medical expenses, including health insurance, group disability insurance or long-term care coverage, to the injured individual under the same terms and conditions as would have applied had the violation not occurred;
(2) actual damages;
(3) damages of up to five thousand dollars ($5,000) in addition to any economic loss if the violation results from willful or grossly negligent conduct; and
(4) reasonable attorney fees and appropriate court costs.
D. Pursuant to Subsection C of Section 24-21-3 NMSA 1978, the court may use genetic information to determine the cause of damage or injury and penalty awards.
E. Each instance of wrongful collection, analysis, retention, disclosure or use of genetic information constitutes a separate and actionable violation of the Genetic Information Privacy Act.
History:
Laws 1998, ch. 77, § 6; 2015, ch. 156, § 6.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, made technical changes to the section; in Subsection B, deleted "A person" and added "An individual"; in Paragraph (1) of Subsection C, after "violated Section", deleted "3 or 4 of the Genetic Information Privacy Act" and added "24-21-3 or 24-21-4 NMSA 1978", and after "to the injured", deleted "person" and added "individual"; and in Subsection D, after "Section", deleted "3 of the Genetic Information Privacy Act" and added "24-21-3 NMSA 1978".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 21 - Genetic Information Privacy › Section 24-21-7 - Application of act.

The provisions of the Genetic Information Privacy Act shall apply to genetic analysis performed and genetic information and gene products obtained after May 20, 1998, except that Section 24-21-4 NMSA 1978 and proceedings brought alleging violations of that section shall apply to genetic analysis whenever performed and genetic information and gene products whenever obtained.
History:
Laws 1998, ch. 77, § 7; 1999, ch. 82, § 1.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, substituted "the Genetic Information Privacy Act" for "this act" and "May 20, 1998" for "the effective date of this act" and added the exception at the end.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 22 - Safe Haven for Infants › Section 24-22-1 - Short title.

Chapter 24, Article 22 NMSA 1978 may be cited as the "Safe Haven for Infants Act".
History:
Laws 2001, ch. 31, § 1; 2001, ch. 132, § 1; 2005, ch. 26, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed the section references of the original enactment to a compiled chapter and article reference.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 22 - Safe Haven for Infants › Section 24-22-1.1 - Purpose.

The purpose of the Safe Haven for Infants Act is to promote the safety of infants and to immunize a parent from criminal prosecution for leaving an infant, ninety days of age or less, at a safe haven site. This act is not intended to abridge the rights or obligations created by the federal Indian Child Welfare Act of 1978 or the rights of parents.
History:
Laws 2005, ch. 26, § 2; 2013, ch. 20, § 1.
ANNOTATIONS
Cross references.
— For the federal Indian Child Welfare Act of 1978,
see
25 U.S.C. § 1901, et seq.
The 2013 amendment,
effective June 14, 2013, changed terminology to conform to changes in terminology in the act; and in the first sentence, after "age or less, at a", deleted "hospital" and added "safe haven site".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 22 - Safe Haven for Infants › Section 24-22-2 - Definitions.

As used in the Safe Haven for Infants Act:
A. "fire station" means a fire station that is certified by the state fire marshal's office;
B. "hospital" means an acute care general hospital or health care clinic licensed by the state;
C. "Indian child" means an Indian child as defined by the federal Indian Child Welfare Act of 1978;
D. "infant" means a child no more than ninety days old, as determined within a reasonable degree of medical certainty;
E. "law enforcement agency" means a law enforcement agency of the state or a political subdivision of the state;
F. "safe haven site" means a hospital, law enforcement agency or fire station that has staff on site at the time an infant is left at such a site; and
G. "staff" means an employee, contractor, agent or volunteer performing services as required and on behalf of the safe haven site.
History:
Laws 2001, ch. 31, § 2; 2001, ch. 132, § 2; 2005, ch. 26, § 3; 2013, ch. 20, § 2; 2020, ch. 9, § 28.
ANNOTATIONS
Cross references.
— For the federal Indian Child Welfare Act of 1978, see 25 U.S.C. § 1901, et seq.
The 2020 amendment,
effective July 1, 2021, revised the definition of "fire station" as used in the Safe Haven for Infants Act; and in Subsection A, after "certified by the", deleted "fire marshal division of the public regulation commission" and added "state fire marshal's office".
The 2013 amendment,
effective June 14, 2013, defined additional terms, including the term "safe haven site"; added Subsection A; designated former Subsections A through C as new Subsections B through D; added Subsections E and F; designated former Subsection D as new Subsection G; and in Subsection G, after "on behalf of the", deleted "hospital" and added "safe haven site".
The 2005 amendment,
effective June 17, 2005, changed the definition of Indian child to mean an Indian child as defined in the federal Indian Child Welfare Act of 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 22 - Safe Haven for Infants › Section 24-22-3 - Leaving an infant.

A. A person may leave an infant with the staff of a safe haven site without being subject to criminal prosecution for abandonment or abuse if the infant was born within ninety days of being left at the safe haven site, as determined within a reasonable degree of medical certainty, and if the infant is left in a condition that would not constitute abandonment or abuse of a child pursuant to Section 30-6-1 NMSA 1978.
B. A safe haven site may ask the person leaving the infant for the name of the infant's biological father or biological mother, the infant's name and the infant's medical history, but the person leaving the infant is not required to provide that information to the safe haven site.
C. The safe haven site is deemed to have received consent for medical services provided to an infant left at a safe haven site in accordance with the provisions of the Safe Haven for Infants Act or in accordance with procedures developed between the children, youth and families department and the safe haven site.
History:
Laws 2001, ch. 31, § 3; 2001, ch. 132, § 3; 2005, ch. 26, § 4; 2013, ch. 20, § 3.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed terminology to conform to changes in terminology in the act; and in Subsections A through C, deleted "hospital" and inserted "safe haven site".
The 2005 amendment,
effective June 17, 2005, provided that a person may leaves an infant at a hospital without being subject to criminal prosecution for abandonment or abuse under circumstances stated in this section.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 22 - Safe Haven for Infants › Section 24-22-4 - Safe haven site procedures.

A. A safe haven site shall accept an infant who is left at the safe haven site in accordance with the provisions of the Safe Haven for Infants Act.
B. In conjunction with the children, youth and families department, a safe haven site shall develop procedures for appropriate staff to accept and provide necessary medical services to an infant left at the safe haven site and to the person leaving the infant at the safe haven site, if necessary.
C. Upon receiving an infant who is left at a safe haven site in accordance with the provisions of the Safe Haven for Infants Act, the safe haven site may provide the person leaving the infant with:
(1) information about adoption services, including the availability of private adoption services;
(2) brochures or telephone numbers for agencies that provide adoption services or counseling services; and
(3) written information regarding whom to contact at the children, youth and families department if the parent decides to seek reunification with the infant.
D. A safe haven site shall ask the person leaving the infant whether the infant has a parent who is either a member of an Indian tribe or is eligible for membership in an Indian tribe, but the person leaving the infant is not required to provide that information to the safe haven site.
E. Immediately after receiving an infant in accordance with the provisions of the Safe Haven for Infants Act, a safe haven site shall inform the children, youth and families department that the infant has been left at the safe haven site. The safe haven site shall provide the children, youth and families department with all available information regarding the child and the parents, including the identity of the child and the parents, the location of the parents and the child's medical records.
History:
Laws 2001, ch. 31, § 4; 2001, ch. 132, § 4; 2005, ch. 26, § 5; 2013, ch. 20, § 4.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed terminology to conform to changes in terminology in the act; in the title of the section, at the beginning of the title, deleted "hospital" and added "safe haven site"; and in Subsections A though E, deleted "hospital" and inserted "safe haven site".
The 2005 amendment,
effective June 17, 2005, provided that a hospital shall ask the person leaving an infant whether the infant has a parent who is a member of an Indian tribe or is eligible for membership in an Indian tribe, but the person leaving the infant is not required to give the information and requires the hospital to immediately provide the children, youth and families department with all available information about the child and the parents of the child.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 22 - Safe Haven for Infants › Section 24-22-5 - Responsibilities of the children, youth and families department.

A. The children, youth and families department shall be deemed to have emergency custody of an infant who has been left at a safe haven site according to the provisions of the Safe Haven for Infants Act.
B. Upon receiving a report of an infant left at a safe haven site pursuant to the provisions of the Safe Haven for Infants Act, the children, youth and families department shall immediately conduct an investigation, pursuant to the provisions of the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978].
C. When an infant is taken into custody by the children, youth and families department, the department shall make reasonable efforts to determine whether the infant is an Indian child. If the infant is an Indian child:
(1) the child's tribe shall be notified as required by Section 32A-1-14 NMSA 1978 and the federal Indian Child Welfare Act of 1978; and
(2) pre-adoptive placement and adoptive placement of the Indian child shall be in accordance with the provisions of Section 32A-5-5 NMSA 1978 regarding Indian child placement preferences.
D. The children, youth and families department shall perform public outreach functions necessary to educate the public about the Safe Haven for Infants Act, including developing literature about that act and distributing it to safe haven sites.
E. An infant left at a safe haven site in accordance with the provisions of the Safe Haven for Infants Act shall presumptively be deemed eligible and enrolled for medicaid benefits and services.
History:
Laws 2001, ch. 31, § 5; 2001, ch. 132, § 5; 2005, ch. 26, § 6; 2013, ch. 20, § 5.
ANNOTATIONS
Cross references.
— For the federal Indian Child Welfare Act of 1978,
see
25 U.S.C. § 1901, et seq.
The 2013 amendment,
effective June 14, 2013, changed terminology to conform to changes in terminology in the act; and in Subsections A, B, D and E, deleted "hospital" and inserted "safe haven site".
The 2005 amendment,
effective June 17, 2005, provided that if the infant is an Indian child, the child's tribe shall be notified as required by 32A-1-14 NMSA 1978 and the federal Indian Child Welfare Act of 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 22 - Safe Haven for Infants › Section 24-22-6 - Repealed.

History:
Laws 2001, ch. 31, § 6 and Laws 2001, ch. 132, § 6; repealed by Laws 2005, ch. 26, § 8.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 26, § 8 repealed 24-22-6 NMSA 1978, as enacted by Laws 2001, ch. 31, § 6 and Laws 2001, ch. 132, § 6, relating to confidentiality, effective June 17, 2005. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 22 - Safe Haven for Infants › Section 24-22-7 - Procedure if reunification is sought.

A. A person established as a parent of an infant previously left at a safe haven site shall have standing to participate in all proceedings regarding the child pursuant to the provisions of the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978].
B. If a person not previously established as a parent seeks reunification with an infant previously left at a safe haven site and the person's DNA indicates parentage of the infant, that person shall have standing to participate in all proceedings regarding the infant pursuant to the provisions of the Abuse and Neglect Act.
History:
Laws 2001, ch. 31, § 7; 2001, ch. 132, § 7; 2005, ch. 26, § 7; 2013, ch. 20, § 6.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed terminology to conform to changes in terminology in the act; and in Subsections A and B, deleted "hospital" and inserted "safe haven site".
The 2005 amendment,
effective June 17, 2005, provided that the parent of an infant shall have standing to participate in all proceedings regarding the child pursuant to the Abuse and Neglect Act; provided that if a person not previously established as a parent seeks reunification with an infant and the persons DNA indicated parentage of the infant, then the person has standing to participate in proceedings regarding the infant; and eliminated the provision that provides there is no presumption of abuse or neglect of against a person who seeks reunification.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 22 - Safe Haven for Infants › Section 24-22-8 - Immunity.

A safe haven site and its staff are immune from criminal liability and civil liability for accepting an infant in compliance with the provisions of the Safe Haven for Infants Act but not for subsequent negligent medical care or treatment of the infant.
History:
Laws 2001, ch. 31, § 8 and Laws 2001, ch. 132, § 8; 2013, ch. 20, § 7.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed terminology to conform to changes in terminology in the act; and at the beginning of the sentence, after "A", deleted "hospital" and inserted "safe haven site".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 23 - Administration of Opioid Antagonists › Section 24-23-2 - Repealed.

History:
Laws 2001, ch. 228, § 2; repealed by Laws 2016, ch. 45, § 4 and Laws 2016, ch. 47, § 4.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 45, § 4 and Laws 2016, ch. 47, § 4 repealed 24-23-2 NMSA 1978, as enacted by Laws 2001, ch. 228, § 2, relating to health care professionals and release from liability, effective March 4, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 23 - Administration of Opioid Antagonists › Section 24-23-3 - Opioid treatment center; opioid overdose education; naloxone.

A. As agency funding and agency supplies of naloxone permit, an opioid treatment center agency operating a federally certified program to dispense methadone or other narcotic replacement as part of a detoxification treatment or maintenance treatment shall provide each patient it treats with:
(1) opioid overdose education that:
(a) conforms to department of health or federal substance abuse and mental health services administration guidelines for opioid overdose education;
(b) explains the causes of an opioid overdose;
(c) instructs when and how to administer in accordance with medical best practices: 1) life-saving rescue techniques; and 2) an opioid antagonist; and
(d) explains how to contact appropriate emergency medical services;
(2) two doses of naloxone in either a generic form or in a form approved by the federal food and drug administration; and
(3) a prescription for naloxone.
B. As used in this section, "naloxone" means naloxone hydrochloride, which is an opioid antagonist for the treatment of opioid overdose.
History:
Laws 2017, ch. 59, § 1.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 59 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 24 - Child Care Facility Loan › Section 24-24-1 - Short title.

This act [24-24-1 to 24-24-4 NMSA 1978] may be cited as the "Child Care Facility Loan Act".
History:
Laws 2003, ch. 316, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2003, ch. 316, § 5 contained an emergency clause and was approved April 8, 2003.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 24 - Child Care Facility Loan › Section 24-24-2 - Purpose.

The purpose of the Child Care Facility Loan Act is to support the physical improvement, repair, safety and maintenance of licensed child care facilities throughout New Mexico by providing long-term, low-interest funding through a revolving loan fund so as to ensure availability of healthy and safe teaching environments.
History:
Laws 2003, ch. 316, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 2003, ch. 316, § 5 contained an emergency clause and was approved April 8, 2003.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 24 - Child Care Facility Loan › Section 24-24-3 - Definitions.

As used in the Child Care Facility Loan Act:
A. "department" means the early childhood education and care department;
B. "facility" means a child care facility operated by a provider, including both family home-based and center-based programs, licensed by the department to provide care to infants, toddlers and children;
C. "fund" means the child care facility revolving loan fund;
D. "operating capital" means funds needed to meet short-term obligations, such as accounts payable, wages, debt servicing, lease and income tax payments; and
E. "provider" means a person licensed by the department to provide child care to infants, toddlers and children pursuant to Section 9-2A-8 NMSA 1978.
History:
Laws 2003, ch. 316, § 3; 2023, ch. 129, § 11.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, defined "operating capital" and revised the definition of "department"; in Subsection A, after "means the", deleted "children, youth and families" and added "early childhood education and care"; and added a new Subsection D and redesignated former Subsection D as Subsection E.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 24 - Child Care Facility Loan › Section 24-24-4 - Fund created; administration.

A. The "child care facility revolving loan fund" is created in the New Mexico finance authority to provide low-interest, long-term loans to providers to make health and safety improvements in their facilities and for operating capital. The fund shall consist of appropriations, gifts, grants and donations to the fund, which shall be invested as provided in the New Mexico Finance Authority Act [Chapter 6, Article 21 NMSA 1978]. Money in the fund shall not revert and is appropriated to the department, which shall utilize the fund for the purposes of the Child Care Facility Loan Act. Administrative costs of the authority may be paid from the fund.
B. Money in the fund shall be used to make loans to providers that demonstrate the need to make health and safety improvements, including space expansion, in order to maintain an adequate and appropriate environment for their clients. Loans from the fund are to be made at an interest rate greater than zero percent for a term that does not exceed the useful life of the project being financed.
C. No more than twenty percent of the fund may be loaned for a single provider in a single project. The department shall give priority for loans to facilities of providers that serve proportionately high numbers of state-subsidized clients and low-income families.
D. The department, in conjunction with the New Mexico finance authority, shall adopt rules to administer and implement the Child Care Facility Loan Act. The rules shall become effective when filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History:
Laws 2003, ch. 316, § 4; 2023, ch. 129, § 12.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised provisions related to the administration of the child care facility revolving loan fund; in Subsection A, after "facilities", added "and for the operating capital", deleted "Expenditures from the fund for loans to providers shall be made upon warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary of children, youth and families or his authorized representative"; in Subsection B, after "made at", deleted "the lowest legally permissible", after "interest", deleted "rates" and added "rate greater than zero percent", and deleted "the longest amount of time in order to allow the providers the maximum opportunity to maintain the business while repaying the loan" and added "a term that does not exceed the useful life of the project being financed"; and in Subsection C, deleted "loan. A provider that has received a loan from the fund in the immediately preceding five years or that has not completed repayment of a previous loan from the fund is ineligible for a new loan" and added "project".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 25 - New Mexico Telehealth Act › Section 24-25-1 - Short title.

Chapter 24, Article 25 NMSA 1978 may be cited as the "New Mexico Telehealth Act".
History:
Laws 2004, ch. 48, § 1; 2007, ch. 203, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed the statutory reference to the act.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 25 - New Mexico Telehealth Act › Section 24-25-2 - Findings and purpose.

A. The legislature finds that:
(1) lack of primary care, specialty providers and transportation continue to be significant barriers to access to health services in medically underserved rural areas;
(2) there are parts of this state where it is difficult to attract and retain health professionals, as well as to support local health facilities in providing a continuum of health care;
(3) many health care providers in medically underserved areas are isolated from mentors and colleagues and from the information resources necessary to support them personally and professionally;
(4) using information technology to deliver medical services and information from one location to another is part of a multifaceted approach to address the problems of provider distribution and the development of health systems in medically underserved areas by improving communication capabilities and providing convenient access to up-to-date information, consultations and other forms of support;
(5) the use of telecommunications to deliver health services has the potential to reduce costs, improve quality, change the conditions of practice and improve access to health care in rural, medically underserved areas; and
(6) telehealth will assist in maintaining or improving the physical and economic health of medically underserved communities by keeping the source of general health, behavioral health and oral health care in the local area, strengthening the health infrastructure and preserving health-care-related jobs.
B. The purpose of the New Mexico Telehealth Act is to provide a framework for health care providers to follow in providing telehealth services to New Mexico citizens in a manner that provides efficient and effective access to quality health services. Telehealth services include consultations, direct patient care and education for health care professionals, support personnel, students, families, patients and other consumers of health care services.
History:
Laws 2004, ch. 48, § 2; 2007, ch. 203, § 2.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, provided that telehealth services include consultations, direct patient care and education for health care professionals, support personnel, students, families, patients and other consumers of health care services.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 25 - New Mexico Telehealth Act › Section 24-25-3 - Definitions.

As used in the New Mexico Telehealth Act:
A. "health care provider" means a person licensed to provide health care to patients in New Mexico, including:
(1) an optometrist;
(2) a chiropractic physician;
(3) a dentist;
(4) a physician;
(5) a podiatrist;
(6) an osteopathic physician;
(7) a physician assistant;
(8) a certified nurse practitioner;
(9) a physical therapist;
(10) an occupational therapist;
(11) a speech-language pathologist;
(12) a doctor of oriental medicine;
(13) a nutritionist;
(14) a psychologist;
(15) a certified nurse-midwife;
(16) a clinical nurse specialist;
(17) a registered nurse;
(18) a dental hygienist;
(19) a pharmacist;
(20) a licensed independent social worker;
(21) a licensed counselor;
(22) a community health representative; or
(23) a licensed athletic trainer;
B. "originating site" means a place where a patient may receive health care via telehealth. An originating site may include:
(1) a licensed inpatient center;
(2) an ambulatory surgical or treatment center;
(3) a skilled nursing center;
(4) a residential treatment center;
(5) a home health agency;
(6) a diagnostic laboratory or imaging center;
(7) an assisted living center;
(8) a school-based health program;
(9) a mobile clinic;
(10) a mental health clinic;
(11) a rehabilitation or other therapeutic health setting;
(12) the patient's residence;
(13) a federally qualified health center; or
(14) a community health center; and
C. "telehealth" means the use of electronic information, imaging and communication technologies, including interactive audio, video, data communications as well as store-and-forward technologies, to provide and support health care delivery, diagnosis, consultation, treatment, transfer of medical data and education.
History:
Laws 2004, ch. 48, § 3; 2007, ch. 203, § 3.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, added Paragraphs (20) through (22) of Subsection A and Paragraphs (13) and (14) of Subsection B.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 25 - New Mexico Telehealth Act › Section 24-25-4 - Telehealth authorized; procedure.

The delivery of health care via telehealth is recognized and encouraged as a safe, practical and necessary practice in New Mexico. No health care provider or operator of an originating site shall be disciplined for or discouraged from participating in telehealth pursuant to the New Mexico Telehealth Act. In using telehealth procedures, health care providers and operators of originating sites shall comply with all applicable federal and state guidelines and shall follow established federal and state rules regarding security, confidentiality and privacy protections for health care information.
History:
Laws 2004, ch. 48, § 4.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 25 - New Mexico Telehealth Act › Section 24-25-5 - Scope of act.

A. The New Mexico Telehealth Act does not alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.
B. Because the use of telehealth improves access to quality health care and will generally benefit the citizens of New Mexico, health insurers, health maintenance organizations, managed care organizations and third-party payors offering services to the citizens of New Mexico are encouraged to use and provide coverage for telehealth within the scope of their plans or policies. The state's medical assistance program is also encouraged to include telehealth within the scope of its plan or policy.
History:
Laws 2004, ch. 48, § 5; 2007, ch. 203, § 4.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, deleted former Subsection B and added a new Subsection B.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 26 - Patient Care Monitoring Act › Section 24-26-2 - Definitions.

As used in the Patient Care Monitoring Act:
A. "department" means the aging and long-term services department;
B. "facility" means a long-term care facility licensed pursuant to the provisions of Section 24-1-5 NMSA 1978, other than an intermediate care facility for individuals with developmental or intellectual disabilities, and may also include:
(1) a skilled nursing facility;
(2) an intermediate care nursing facility;
(3) a nursing facility;
(4) an adult residential shelter care home;
(5) a boarding home;
(6) any adult care home or adult residential care facility; and
(7) any swing bed in an acute care facility or extended care facility;
C. "monitoring device" means a surveillance instrument that broadcasts or records activity, but does not include a still camera;
D. "patient" means a person who is a resident of a facility;
E. "program" means the New Mexico long-term care ombudsman program; and
F. "surrogate" means a legal guardian or a legally appointed substitute decision-maker who is authorized to act on behalf of a patient.
History:
Laws 2004, ch. 53, § 2; 2023, ch. 113, § 2.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, defined "department", revised the definition of "facility" and removed the definition of "agency"; in Subsection A, deleted "'agency'" and added "'department'", and after "means the", deleted "state agency on", and after "aging", added "and long-term services department"; and in Subsection B, in the introductory clause, after "intermediate care facility for", deleted "the mentally retarded" and added "individuals with developmental or intellectual disabilities".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 26 - Patient Care Monitoring Act › Section 24-26-3 - Monitoring device; authorization and use.

A. A patient or a surrogate may authorize installation and use of a monitoring device in a facility provided that:
(1) the facility is given notice of the installation;
(2) if the monitoring device records activity visually, such recording shall include a record of the date and time;
(3) the monitoring device and all installation and maintenance costs are paid for by the patient; and
(4) written consent is given by each patient or surrogate of each patient occupying the same room.
B. The patient may establish and the facility shall accommodate limits on the use, including the time of operation, direction, focus or volume, of a monitoring device.
History:
Laws 2004, ch. 53, § 3.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 26 - Patient Care Monitoring Act › Section 24-26-4 - Monitoring device option; installation; accommodation by facility.

A. At the time of admission to a facility, a patient shall be offered the option to have a monitoring device, and a record of the patient's authorization or choice not to have a monitoring device shall be kept by the facility and shall be made accessible to the program.
B. After authorization, consent and notice, a patient or surrogate may install, operate and maintain a monitoring device in the patient's room at the patient's expense.
C. The facility shall cooperate to accommodate the installation of the monitoring device, provided the installation does not place undue burden on the facility.
History:
Laws 2004, ch. 53, § 4.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 26 - Patient Care Monitoring Act › Section 24-26-5 - Consent; waiver.

A. Consent to the authorization for the installation and use of a monitoring device may be given only by the patient or the surrogate.
B. Consent to the authorization for the installation and use of a monitoring device shall include a release of liability for the facility for a violation of the patient's right to privacy insofar as the use of the monitoring device is concerned.
C. A patient or the surrogate may reverse a choice to have or not have a monitoring device installed and used at any time, after notice to the facility and to the program upon a form prescribed by the agency.
History:
Laws 2004, ch. 53, § 5.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 26 - Patient Care Monitoring Act › Section 24-26-6 - Authorization form; contents.

The form for the authorization of installation and use of a monitoring device shall provide for:
A. consent of the patient or the surrogate authorizing the installation and use of the monitoring device;
B. notice to the facility of the patient's installation of a monitoring device and specifics as to its type, function and use;
C. consent of any other patient or that patient's surrogate sharing the same room;
D. notice of release from liability for privacy violation through the use of the monitoring device; and
E. waiver of the patient's right to privacy in conjunction with the use of the monitoring device.
History:
Laws 2004, ch. 53, § 6.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 26 - Patient Care Monitoring Act › Section 24-26-7 - Immunity; unauthorized use.

A. In any civil action against the facility, material obtained through the use of a monitoring device may not be used if the monitoring device was installed or used without the knowledge of the facility or without the prescribed form.
B. Compliance with the provisions of the Patient Care Monitoring Act shall be a complete defense against any civil or criminal action brought against the patient, surrogate or facility for the use or presence of a monitoring device.
History:
Laws 2004, ch. 53, § 7.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 26 - Patient Care Monitoring Act › Section 24-26-8 - Notice to current patients.

Within six months of the effective date of the Patient Care Monitoring Act, all facilities shall provide to each patient or surrogate a form prescribed by the agency explaining the provisions of the Patient Care Monitoring Act and giving each patient or surrogate a choice to have a monitoring device installed in the patient's room. Copies of the completed form shall be kept by the facility and shall be made accessible to the program.
History:
Laws 2004, ch. 53, § 8.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 26 - Patient Care Monitoring Act › Section 24-26-11 - Prohibited acts.

No person or patient shall be denied admission to or discharged from a facility or be otherwise discriminated against or retaliated against because of a choice to authorize installation and use of a monitoring device. Any person who violates this section shall be subject to the provisions of Section 28-17-19 NMSA 1978.
History:
Laws 2004, ch. 53, § 11.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 26 - Patient Care Monitoring Act › Section 24-26-12 - Criminal acts.

Any person other than a patient or surrogate found guilty of intentionally hampering, obstructing, tampering with or destroying a monitoring device or a recording made by a monitoring device installed in a facility pursuant to the Patient Care Monitoring Act is guilty of a fourth degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978.
History:
Laws 2004, ch. 53, § 12.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 27 - Umbilical Cord Blood Banking Act › Section 24-27-1 - Short title.

Chapter 24, Article 27 NMSA 1978 may be cited as the "Umbilical Cord Blood Banking Act".
History:
Laws 2005, ch. 43, § 1; 2008, ch. 9, § 1.
ANNOTATIONS
The 2008 amendment,
effective May 14, 2008, added the statutory reference.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 27 - Umbilical Cord Blood Banking Act › Section 24-27-2 - Purpose of act.

The purpose of the Umbilical Cord Blood Banking Act is to educate pregnant women regarding the potential benefits of umbilical cord blood donations and to provide opportunities for the donation and storage of umbilical cord blood when desired by a pregnant woman.
History:
Laws 2005, ch. 43, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 43, § 8 made Laws 2005, ch. 43, § 2 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 27 - Umbilical Cord Blood Banking Act › Section 24-27-3 - Definitions.

As used in the Umbilical Cord Blood Banking Act:
A. "health care facility" means an institution providing health care services, including a hospital, clinic or other inpatient center, outpatient facility or diagnostic or treatment center, that is licensed by the department of health;
B. "health care provider" means a person who is licensed, certified or otherwise authorized by law to provide or render health care services to pregnant women in New Mexico in the ordinary course of business or practice of a profession, but is limited to a medical physician, osteopathic physician, doctor of oriental medicine, physician assistant, certified nurse practitioner and certified nurse-midwife; and
C. "umbilical cord blood" means the blood that remains in the umbilical cord and placenta after the birth of a newborn child.
History:
Laws 2005, ch. 43, § 3; 2008, ch. 9, § 2.
ANNOTATIONS
The 2008 amendment,
effective May 14, 2008, added "physician assistant" in Subsection B.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 27 - Umbilical Cord Blood Banking Act › Section 24-27-4 - Dissemination of information.

A. All health care providers providing health care services to a pregnant woman during the last trimester of her pregnancy, which health care services are directly related to her pregnancy, shall advise her of options to donate umbilical cord blood following the delivery of a newborn child. Provision in a timely manner of publications prepared by the department of health pursuant to Section 5 [24-27-5 NMSA 1978] of the Umbilical Cord Blood Banking Act shall constitute compliance with this subsection.
B. Nothing in this section imposes an obligation upon a health care provider to inform a pregnant woman regarding the option of umbilical cord blood donations if such information conflicts with bona fide religious beliefs of the health care provider.
History:
Laws 2005, ch. 43, § 4.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 43, § 8 made Laws 2005, ch. 43, § 4 effective January 1, 2006.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 27 - Umbilical Cord Blood Banking Act › Section 24-27-5 - Informational publications.

The department of health shall, by January 1, 2006, prepare and distribute to health care providers written publications that include the following information:
A. the medical processes involved in the collection of umbilical cord blood;
B. the medical risks to a mother and her newborn child of umbilical cord blood collection;
C. the current and potential future medical uses and benefits of umbilical cord blood collection to a mother, her newborn child and her biological family;
D. the current and potential future medical uses and benefits of umbilical cord blood collection to persons who are not biologically related to a mother or her newborn child;
E. any costs that may be incurred by a pregnant woman who chooses to make an umbilical cord blood donation;
F. options for ownership and future use of the donated material; and
G. the availability in this state of umbilical cord blood donations.
History:
Laws 2005, ch. 43, § 5.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 43, § 8 made Laws 2005, ch. 43, § 5 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 27 - Umbilical Cord Blood Banking Act › Section 24-27-6 - Donation of umbilical cord blood.

A. Unless it is medically inadvisable, all health care facilities and health care providers treating a pregnant woman during the delivery of a newborn child shall, if requested by that woman, permit her to arrange for an umbilical cord blood donation.
B. Nothing in this section imposes an obligation upon a health care facility or health care provider to permit an umbilical cord blood donation if in the professional judgment of a health care provider the donation of umbilical cord blood would threaten the health of the mother or newborn child.
C. Nothing in this section imposes an obligation upon a health care facility or health care provider to permit an umbilical cord blood donation if the donation conflicts with bona fide religious beliefs of the health care facility or health care provider. If a health care facility or health care provider declines to engage in umbilical cord blood donation, that fact shall be made known to pregnant patients of that facility or provider as soon as reasonably feasible.
History:
Laws 2005, ch. 43, § 6.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 43, § 8 made Laws 2005, ch. 43, § 6 effective January 1, 2006.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 27 - Umbilical Cord Blood Banking Act › Section 24-27-7 - Severability.

If any part or application of the Umbilical Cord Blood Banking Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
History:
Laws 2005, ch. 43, § 7.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 43, § 8 made Laws 2005, ch. 43, § 7 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 28 - Bone Marrow and Organ Donor Act › Section 24-28-1 - Short title.

Chapter 24, Article 28 NMSA 1978 may be cited as the "Bone Marrow and Organ Donor Act".
History:
Laws 2007, ch. 159, § 1; 2019, ch. 112, § 1.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, changed "This act" to "Chapter 24, Article 28 NMSA 1978".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 28 - Bone Marrow and Organ Donor Act › Section 24-28-2 - Public education.

A. The department of health shall provide information and educational materials to the public regarding bone marrow donation through the national marrow donor program and regarding organ donations. The department shall seek assistance from the national marrow donor program to establish a system to distribute materials, ensure that the materials are updated periodically, fully disclose the risks involved in donating bone marrow and address the education and recruitment of minority populations.
B. The information and educational materials shall include information on:
(1) the need for bone marrow donations;
(2) patient populations that would benefit from bone marrow donations;
(3) how to join the bone marrow registry; and
(4) how to acquire a free buccal swab kit from the bone marrow registry.
C. The department shall establish a system to distribute information and educational materials regarding organ donations and ensure that the materials are updated periodically, fully disclose the risks of donating an organ and address the education and recruitment of minority populations.
History:
Laws 2007, ch. 159, § 2; 2019, ch. 112, § 2.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, specified the information regarding bone marrow donation that must be included in the educational materials that the department of health is required to provide to the public; and added subsection designation "A."; added Subsection B; and added subsection designation "C".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 28 - Bone Marrow and Organ Donor Act › Section 24-28-3 - State employee leave.

A. The person in charge of a state agency may grant a leave of absence, not to exceed twenty days, to a state agency employee for the purpose of donating an organ or bone marrow. An employee may request and use donated annual leave or sick leave for the purpose of donating an organ or bone marrow. If an employee requests donations of sick leave or annual leave but does not receive the full amount of leave needed for the donation of an organ or bone marrow, the person in charge of a state agency may grant a paid leave of absence for the remainder of the needed leave up to the maximum total of twenty workdays. The person in charge of a state agency may require verification by a physician regarding the purpose of the leave requested and information from the physician regarding the length of the leave requested. Any paid leave of absence granted pursuant to this section shall not result in a loss of compensation, seniority, annual leave, sick leave or accrued overtime for which the employee is otherwise eligible.
B. For the purposes of this section, "state agency" means any department, institution, board, bureau, commission, district or committee of government of the state of New Mexico.
History:
Laws 2007, ch. 159, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 159, § 4 made the act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 29 - Hospital-Acquired Infection › Section 24-29-1 - Short title.

This act [Chapter 24, Article 29 NMSA 1978] may be cited as the "Hospital-Acquired Infection Act".
History:
Laws 2009, ch. 211, § 1.
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 24-29-2 - Definitions.

As used in the Hospital-Acquired Infection Act:
A. "advisory committee" means the hospital-acquired infection advisory committee;
B. "department" means the department of health;
C. "hospital-acquired infection" means a localized or systemic condition that results from an infection that occurs in a hospital that was not present or incubating at the time of admission as an inpatient to the hospital, unless the infection was related to a previous admission to the same setting, and that meets the criteria for a specific infection as defined by the national healthcare safety network;
D. "indicator" means a measure of a hospital-acquired infection or other condition, process or serious reportable event identified and defined by the advisory committee that is based on objective, scientific standards and that may be tracked and reported;
E. "national healthcare safety network" means the secure, internet-based surveillance system that integrates patient and health care personnel safety managed by the centers for disease control and prevention of the federal department of health and human services;
F. "participating hospital" means a hospital that meets the criteria specified by the advisory committee or that desires to participate in hospital-acquired infection surveillance; and
G. "surveillance system" means a secure, internet-based system designed for the collection of hospital-acquired infection incidence and prevention data.
History:
Laws 2009, ch. 211, § 2.
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.