reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10A - Emergency Medical Services Fund › Section 24-10A-4.1 - Emergency medical services system improvement projects.

A. Applications for emergency medical services system improvement projects shall be submitted separately from applications for the local emergency medical services funding program. The bureau shall award emergency medical services system improvement projects after a review of the applications. The awards shall be made based on a priority ranking, demonstrated need for funding and recommendations from the committee. Money awarded shall be used in compliance with applicable rules.
B. Applications for funding to purchase emergency medical services vehicles shall be submitted by municipalities or counties on behalf of local recipients. The municipality or county shall commit to providing matching funds of at least twenty-five percent of the cost of purchasing the vehicle.
C. Applications for funding of local and statewide projects shall demonstrate the need for funding and a plan to use the funding to enhance or better integrate local emergency medical services systems or to improve the health, safety and training of emergency medical services technicians statewide.
D. A statewide trauma care system program shall be developed and determined by the bureau in consultation with the committee. The statewide trauma care system program shall provide for the support, development and expansion of the statewide trauma care system in accordance with rules adopted by the department.
E. The emergency medical dispatch agency support program shall fund allowable costs of dispatch agencies that meet criteria established pursuant to rules by the department.
History:
Laws 1994, ch. 61, § 10; 2001, ch. 258, § 5; 2001, ch. 273, § 5.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, added Subsection E.
Laws 2001, ch. 258, § 5 and Laws 2001, ch. 273, § 5 enacted identical amendments to this section. The section was set out as amended by Laws 2001, ch. 273, § 5.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10A - Emergency Medical Services Fund › Section 24-10A-4.2 - Mutual aid agreements; regionalized, integrated response plans.

Municipalities, counties, tribes and local recipients may develop mutual aid agreements and regionalized, integrated response plans with other municipalities, counties, tribes and local recipients for the purpose of ensuring that adequate emergency medical services coverage exists throughout the state. For the benefit of the public, equipment and other emergency medical services resources obtained through money from the fund shall be shared among the parties to a mutual aid agreement or regionalized, integrated response plan.
History:
Laws 1994, ch. 61, § 11; 2017, ch. 87, § 25.
ANNOTATIONS
The 2017 amendment,
effective June, 16, 2017, authorized municipalities, counties, tribes and local recipients to develop regionalized, integrated response plans with other municipalities, counties, tribes and local recipients to ensure that adequate emergency medical services coverage exists throughout the state; in the catchline, added "regionalized, integrated response plans"; in the first sentence, deleted "Incorporated", after "counties", added "tribes" in two places, after "local recipients", deleted "are encouraged to" and added "may", after "develop mutual aid agreements", added "and regionalized, integrated response plans", and after "to a mutual aid agreement", added "or regionalized, integrated response plan".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10A - Emergency Medical Services Fund › Section 24-10A-5 - Funding program; awards; appeals.

The bureau shall promptly notify each municipality and county that has applied for money and the local recipient of the bureau's determination to grant or deny an application for funding through the local emergency medical services funding program. A municipality or county may appeal a determination of the bureau within ten working days after notification of the determination. The bureau shall refer the appeal to the committee for its review and recommendation. The committee shall make its recommendation to the secretary, who shall make a final determination about whether to grant or deny an application for funding. The secretary shall notify the appellant of the secretary's decision within thirty days of the date on which the committee has notified the secretary of its recommendation.
History:
1978 Comp., § 24-10A-5, enacted by Laws 1978, ch. 178, § 5; 1987, ch. 246, § 5; 1994, ch. 61, § 5; 2017, ch. 87, § 26.
ANNOTATIONS
The 2017 amendment,
effective June, 16, 2017, changed the deadline by which the secretary of health must notify an appellant of the secretary's decision on an appeal of a grant or denial of funding from the emergency medical services funding program; after "shall notify the appellant of", deleted "his" and added "the secretary's", and after "decision", deleted "on or before June 30" and added "within thirty days of the date on which the committee has notified the secretary of its recommendation".
The 1994 amendment,
effective July 1, 1994, rewrote this section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10A - Emergency Medical Services Fund › Section 24-10A-6 - Distribution of fund.

On or before August 31, the local emergency medical services funding program distribution shall be made to each municipality and county as determined by the department. No more than one percent of the amount appropriated to the local emergency medical services funding program shall be distributed from the fund to the benefit of a single local recipient in any fiscal year pursuant to the local emergency medical services funding program, with the exception of a regionalized emergency medical service agency, to ensure that appropriate emergency medical service is available statewide.
History:
1978 Comp., § 24-10A-6, enacted by Laws 1978, ch. 178, § 6; 1979, ch. 141, § 2; 1987, ch. 246, § 6; 1994, ch. 61, § 6; 2001, ch. 258, § 6; 2001, ch. 273, § 6; 2017, ch. 87, § 27.
ANNOTATIONS
The 2017 amendment,
effective June, 16, 2017, removed the limitation on funding to a regionalized emergency medical services agency; and after "local emergency medical services funding program", added "with the exception of a regionalized emergency medical service agency".
The 2001 amendment,
effective July 1, 2001, deleted "incorporated" preceding "municipality" in the first sentence; substituted "No more than one percent of the amount appropriated to the local emergency medical services funding program shall" for "No more than twenty thousand dollars ($20,000) shall"; and inserted "to ensure that appropriate emergency medical service is available statewide" at the end of the subsection.
Laws 2001, ch. 258, § 6 and Laws 2001, ch. 273, § 6 enacted identical amendments to this section. The section was set out as amended by Laws 2001, ch. 273, § 6.
See
12-1-8 NMSA 1978.
The 1994 amendment,
effective July 1, 1994, deleted "emergency medical services" preceding "fund" in the catchline and rewrote the section.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10A - Emergency Medical Services Fund › Section 24-10A-7 - Funding program; expenditures from fund.

Any money distributed from the fund for the purposes of the local emergency medical services funding program shall be expended only for those purposes.
History:
1978 Comp., § 24-10A-7, enacted by Laws 1978, ch. 178, § 7; 1979, ch. 141, § 3; 1987, ch. 246, § 7; 1994, ch. 53, § 1; 1994, ch. 61, § 7.
ANNOTATIONS
The 1994 amendment,
effective July 1, 1994, rewrote the catchline, which read: "Expenditures from fund", and rewrote the body of section to the extent that a detailed comparison was impracticable.
Laws 1994, ch. 53, § 1, effective May 18, 1994, also enacted amendments to this section that inserted "and the financing and refinancing thereof" following the former language "equipment and supplies". The section was set out as amended by Laws 1994, ch. 61, § 7.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10A - Emergency Medical Services Fund › Section 24-10A-8 - Funding program; control of expenditures.

Money distributed from the fund shall be expended only for the purposes stated in the application to the bureau and shall be expended on the authorization of the chief executive of the municipality or county upon vouchers issued by its treasurer.
History:
1978 Comp., § 24-10A-8, enacted by Laws 1978, ch. 178, § 8; 1987, ch. 246, § 8; 1994, ch. 61, § 8; 2017, ch. 87, § 28.
ANNOTATIONS
The 2017 amendment,
effective June, 16, 2017, deleted "incorporated" preceding "municipality".
The 1994 amendment,
effective July 1, 1994, added "Funding program" at the beginning of the catchline, deleted "emergency medical services" in two places, deleted "of the health services division of the health and environment department" following "bureau", inserted "or" following "municipality", deleted "or fire district" following "county", and corrected a misspelling.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10A - Emergency Medical Services Fund › Section 24-10A-9 - Funding program; inspection by the bureau.

The bureau and its designated agents have the authority at all normal hours of operation to enter in and upon all buildings and premises where emergency medical services vehicles, equipment and supplies acquired with expenditures from the fund are located for the purposes of examination and inspection.
History:
1978 Comp., § 24-10A-9, enacted by Laws 1978, ch. 178, § 9; 1987, ch. 246, § 9; 1994, ch. 61, § 9.
ANNOTATIONS
The 1994 amendment,
effective July 1, 1994, in the catchline, added "Funding program" at the beginning and deleted "emergency medical services" after "the"; and rewrote the section.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10A - Emergency Medical Services Fund › Section 24-10A-10 - Loss of funding eligibility.

A municipality, county or local recipient that the bureau finds has expended money in violation of the Emergency Medical Services Fund Act may be ineligible to receive funding from the bureau for a period of not less than one year or more than three years, as determined by the bureau in accordance with rules and regulations adopted by the department.
History:
Laws 1994, ch. 61, § 12.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10B - Emergency Medical Services System › Section 24-10B-1 - Short title.

Chapter 24, Article 10B NMSA 1978 may be cited as the "Emergency Medical Services Act".
History:
Laws 1983, ch. 190, § 1; 2014, ch. 47, § 1.
ANNOTATIONS
The 2014 amendment,
effective July 1, 2014, added the NMSA chapter and article for the Emergency Medical Services Act; and at the beginning of the sentence, deleted "This act" and added "Chapter 24, Article 10B NMSA 1978".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability of operator of ambulance service for personal injuries to person being transported, 68 A.L.R.4th 14.
Liability for negligence of ambulance attendants, emergency medical technicians and the like, rendering emergency medical care outside hospital, 16 A.L.R.5th 605.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10B - Emergency Medical Services System › Section 24-10B-2 - Purpose.

The purpose of the Emergency Medical Services Act is to enhance and regulate a comprehensive emergency medical services system in the state as set forth in that act. Nothing in the Emergency Medical Services Act shall be construed to preclude a local emergency medical services system from adopting standards that are more stringent than those authorized by the Emergency Medical Services Act.
History:
Laws 1983, ch. 190, § 2; 1993, ch. 161, § 1; 2003, ch. 243, § 1.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, rewrote the first sentence of the section.
The 1993 amendment,
effective June 18, 1993, rewrote this section to the extent that a detailed comparison would be impracticable.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10B - Emergency Medical Services System › Section 24-10B-4.1 - Records confidentiality.

A. Any files or records in the possession of the bureau, a regional office or a provider containing identifying information about individuals requesting or receiving treatment or other health services and any unsubstantiated complaints received by the bureau regarding any provider shall be confidential and not subject to public inspection.
B. Such files, records and complaints may be subject to subpoena for use in any pending cause in any administrative proceeding or in any of the courts of this state, unless otherwise provided by law.
History:
Laws 2003, ch. 243, § 11.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 243, § 14, made Laws 2003, ch. 243, § 11 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10B - Emergency Medical Services System › Section 24-10B-4.2 - Approved training programs.

Approved emergency medical services training programs for providers are an integral part of the emergency medical services system and the programs shall include:
A. improving and expanding emergency medical services within regions through focused emergency medical services educational activities;
B. furthering the knowledge base of emergency medical services education; and
C. securing physicians as medical directors to advise approved training programs in medical matters and to serve as liaison to the state emergency medical services medical director and the medical community as a whole.
History:
Laws 2003, ch. 243, § 12.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 243, § 14, made Laws 2003, ch. 243, § 12 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10B - Emergency Medical Services System › Section 24-10B-4.3 - Regional offices; duties.

A. Regional offices may be established by the department to assist the bureau to provide regional planning and development, improvement, expansion and direction of emergency medical services and injury prevention in their respective geographic regions.
B. Regional offices may provide technical support and assistance, training coordination, outreach, advocacy, prevention and public education and leadership to communities and providers in their respective geographic regions. They may also provide specific support to the bureau for functions such as licensing examination, planning, evaluation and Emergency Medical Services Fund Act [Chapter 24, Article 10A NMSA 1978] administration.
History:
Laws 2003, ch. 243, § 13.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 243, § 14, made Laws 2003, ch. 243, § 13 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10B - Emergency Medical Services System › Section 24-10B-5.1 - Licensing commission established.

A. The secretary shall appoint an "emergency medical services licensing commission", which shall be staffed by the bureau and composed of one lay person, three emergency medical technicians, one from each level of licensure, and three physicians, at least two of whom shall have expertise in emergency medicine and who are appointed from a list proposed by the New Mexico chapter of the American college of emergency physicians.
B. The composition of the emergency medical services licensing commission shall reflect geographic diversity and both public and private interests. The members shall serve for three-year staggered terms. The duties of and procedures for the emergency medical services licensing commission shall be delineated in rules promulgated pursuant to Subsection A of Section 24-10B-5 NMSA 1978. Such duties include:
(1) providing a forum for the receipt of public comment regarding emergency medical services licensing matters;
(2) oversight of the bureau's licensure functions;
(3) receiving complaints, directing investigations and authorizing the initiation of actions by the bureau regarding contemplated refusal to grant initial licensure and for disciplinary actions against licensees; and
(4) the granting of waivers, for good cause shown, of rules pertaining to licensure renewal.
C. The emergency medical services licensing commission may compel the production of books, records and papers pertinent to any investigation authorized by the Emergency Medical Services Act and may seek enforcement of any subpoena so issued through the district court in the county in which the custodian of the document is located in camera.
D. The emergency medical services licensing commission shall meet as needed, but not less frequently than semiannually. The emergency medical services licensing commission shall be subject to the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
Laws 1993, ch. 161, § 5; 2003, ch. 243, § 5.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, inserted present Subsection C and redesignated former Subsection C as Subsection D.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10B - Emergency Medical Services System › Section 24-10B-5.2 - Criminal history background screening.

A. The department is authorized to obtain the criminal history records of applicants and licensees and to exchange fingerprint data directly with the federal bureau of investigation, the department of public safety and any other law enforcement agency or organization. The department shall require fingerprinting of applicants and licensees for the purposes of this section.
B. The secretary shall adopt and promulgate rules to:
(1) require criminal history background checks for applicants and licensees;
(2) identify the information from a criminal history background check that may form the basis of a denial, suspension or revocation of licensure or any other disciplinary action; and
(3) otherwise carry out the provisions of this section.
C. The department shall comply with applicable confidentiality requirements of the department of public safety and the federal bureau of investigation regarding the dissemination of criminal history background check information.
D. An applicant or licensee whose license is denied, suspended or revoked, or who is otherwise disciplined based on information obtained in a criminal history background check, shall be entitled to review the information obtained pursuant to this section and to appeal the decision pursuant to the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
E. The applicant or licensee shall bear any costs associated with ordering or conducting criminal history background checks.
F. The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal history records required or permitted by the Emergency Medical Services Act.
G. As used in this section:
(1) "applicant" means a person applying for licensure to provide emergency medical services under the Emergency Medical Services Act; and
(2) "licensee" means a person that holds a license to provide emergency medical services pursuant to the Emergency Medical Services Act.
History:
Laws 2014, ch. 47, § 2.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 47, § 3 made Laws 2014, ch. 47, § 2 effective July 1, 2014.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10B - Emergency Medical Services System › Section 24-10B-6 - Treatment authorized.

A. Notwithstanding the provisions of the Medical Practice Act [Chapter 61, Article 6 NMSA 1978], Sections 61-10-1 [repealed] through 61-10-22 NMSA 1978 or the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978], any person licensed by the bureau may render emergency medical services commensurate with his level of licensure, as medically indicated.
B. Individuals licensed pursuant to the provisions of the Medical Practice Act, Sections 61-10-1 [repealed] through 61-10-22 NMSA 1978 or the Nursing Practice Act are not required to be licensed under the Emergency Medical Services Act.
History:
Laws 1983, ch. 190, § 6; 1993, ch. 161, § 6; 2003, ch. 243, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2016, ch. 90, § 29 repealed 61-10-1 NMSA 1978 effective July 1, 2016.
The 2003 amendment,
effective July 1, 2003, substituted "the Medical Practice Act" for the references to Sections 61-6-1 through 61-6-31 NMSA 1978 in Subsections A and B and deleted the terms "certification" or "certified" throughout the section.
The 1993 amendment,
effective June 18, 1993, rewrote Subsection A; deleted former Subsection B, which read: "In addition to the activities allowed under the provisions of Subsection A of this section, any licensed advanced life support personnel, under medical control, may render advanced life support"; and renumbered former Subsection C as Subsection B.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10B - Emergency Medical Services System › Section 24-10B-8 - Liability.

In any claim for civil damages arising out of the provision of emergency medical services by personnel described in Section 24-10B-5 NMSA 1978, those personnel shall be considered health care providers for purposes of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] if the claim is against a governmental entity or a public employee as defined by that act.
History:
Laws 1983, ch. 190, § 8; 1993, ch. 161, § 9.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, substituted "24-10B-5 NMSA 1978" for "5 of the Emergency Medical Services Act".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability for injury or death allegedly caused by activities of hospital "rescue team," 64 A.L.R.4th 1200.
Application of "firemen's rule" to bar recovery by emergency medical personnel injured in responding to, or at scene of, emergency, 89 A.L.R.4th 1079.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10B - Emergency Medical Services System › Section 24-10B-9 - Emergency first aid.

Nothing in the Emergency Medical Services Act shall prevent fire and rescue services, public safety organizations and other trained units or individuals from rendering emergency first aid to the public commensurate with their training. Nothing in the Emergency Medical Services Act shall be construed to supersede other statutory authority permitting the rendering of first aid.
History:
Laws 1983, ch. 190, § 9; 1993, ch. 161, § 10; 2003, ch. 243, § 8.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, did not change the text of the section.
The 1993 amendment,
effective June 18, 1993, deleted "service" after "first aid" in the first sentence, and substituted "other statutory authority permitting the rendering of first aid" for "the provisions of the Search and Rescue Act" in the second sentence.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10B - Emergency Medical Services System › Section 24-10B-9.1 - Emergency transportation.

Any person may be transported to an appropriate health care facility by an emergency medical technician, under medical direction, when the emergency medical technician makes a good faith judgment that the person is incapable of making an informed decision about his own safety or need for medical attention and is reasonably likely to suffer disability or death without the medical intervention available at such a facility.
History:
Laws 1993, ch. 161, § 11; 2003, ch. 243, § 9.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "medical direction" for "medical control".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10B - Emergency Medical Services System › Section 24-10B-11 - Summoning emergency vehicle without cause; penalty.

Any person who willfully summons an ambulance or emergency response vehicle or reports that one is needed when that person knows that the ambulance or emergency response vehicle is not needed is guilty of a petty misdemeanor.
History:
Laws 1983, ch. 190, § 11.
ANNOTATIONS
Cross references.
— For sentencing for misdemeanors,
see
Chapter 31, Article 19 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10B - Emergency Medical Services System › Section 24-10B-12 - Academy; duties.

The academy is designated as the lead emergency medical services training agency. Its duties include:
A. administering formal emergency medical services training conducted in New Mexico, other than training provided by other approved emergency medical services training programs;
B. furthering the knowledge of emergency medical services education;
C. securing a physician as its medical director to advise it in medical matters and to serve as liaison to the state emergency medical services medical director and the medical community as a whole;
D. supporting, promoting and conducting scholarly research regarding emergency medical services; and
E. reporting and publishing emergency medical services information.
History:
Laws 1993, ch. 161, § 7; 2003, ch. 243, § 10.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, inserted "emergency medical services" preceding "training" in the introductory sentence; substituted "formal emergency medical services" for "all basic life support" in Subsection A; and added Subsections D and E.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10B - Emergency Medical Services System › Section 24-10B-13 - Certification of STEMI receiving and referring centers.

A. As used in this section, "STEMI" means ST segment elevation myocardial infarction.
B. In accordance with department rules, the department shall certify an acute care hospital as a STEMI receiving center or STEMI referring center if that hospital has been accredited as a STEMI receiving center or STEMI referring center by a nationally recognized organization that provides STEMI receiving or referring accreditation.
C. The department shall post information regarding certification on the department's website. The department shall coordinate with local and regional emergency medical services on the development and implementation of triage and transport plans for STEMI patients.
D. If a hospital loses its national accreditation as a STEMI receiving center or STEMI referring center, the secretary shall revoke the hospital's certification.
E. The secretary may adopt rules:
(1) relating to STEMI certification and revocation of certification by the department; and
(2) to assist and encourage STEMI receiving centers to enter into coordinated STEMI care agreements with STEMI referring centers and other health care facilities throughout the state to provide appropriate access to care for acute heart attack patients.
History:
Laws 2013, ch. 6, § 1; 2019, ch. 28, § 1.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, revised the certification criteria for STEMI receiving and referring centers, and required the department of health to coordinate with local and regional emergency medical services on the development and implementation of triage and transport plans for STEMI patients; in Subsection B, after "referring center by", deleted "the society of cardiovascular patient care or another" and added "a"; and in Subsection C, added the last sentence.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10C - Cardiac Arrest Response › Section 24-10C-1 - Short title.

Sections 1 through 7 [24-10C-1 to 24-10C-7 NMSA 1978] of this act may be cited as the "Cardiac Arrest Response Act".
History:
Laws 1999, ch. 94, § 1.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 94, § 9, made Laws 1999, ch. 94, § 1 effective July 1, 1999.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10C - Cardiac Arrest Response › Section 24-10C-2 - Findings and purpose.

A. The legislature finds that:
(1) each year more than three hundred fifty thousand Americans die from out-of-hospital sudden cardiac arrest;
(2) the American heart association estimates that more than twenty thousand deaths could be prevented each year if early defibrillation were more widely available. In cardiac arrest the first several minutes are the most crucial time in which performing defibrillation can significantly improve chances for survival;
(3) the reality is that even in the best emergency medical services systems, emergency medical technicians or first responders may not always be able to arrive during that critical window of time; and
(4) virtually all communities in New Mexico have invested in 911 emergency response systems, emergency medical personnel and ambulance vehicles. However, many of them do not have enough defibrillators in their community [communities].
B. It is the purpose of the Cardiac Arrest Response Act to encourage greater acquisition, deployment and use of automated external defibrillators in communities across the state.
History:
Laws 1999, ch. 94, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Effective dates.
— Laws 1999, ch. 94, § 9, made Laws 1999, ch. 94, § 2 effective July 1, 1999.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10C - Cardiac Arrest Response › Section 24-10C-3 - Definitions.

As used in the Cardiac Arrest Response Act:
A. "automated external defibrillator" means a medical device heart monitor and defibrillator that:
(1) has received approval of its premarket modification filed pursuant to 21 U.S.C. 360(k), from the United States food and drug administration;
(2) is capable of recognizing cardiac arrest that will respond to defibrillation, ventricular fibrillation or rapid ventricular tachycardia, and is capable of determining whether defibrillation should be performed; and
(3) upon determining that defibrillation should be performed, automatically charges and is capable of delivering an electrical impulse to an individual's heart;
B. "automated external defibrillator program" means a program of trained targeted responders registered with the department;
C. "defibrillation" means the administration of a controlled electrical charge to the heart to restore a viable cardiac rhythm;
D. "department" means the department of health;
E. "good Samaritan" means a person who lacks automated external defibrillator training but who has access to an automated external defibrillator and provides emergency automated external defibrillator services to a person in need of defibrillation, provided that the good Samaritan:
(1) acts without willful, wanton or reckless behavior that is the cause of injury or death; and
(2) acts without compensation;
F. "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or any legal or commercial entity; and
G. "trained targeted responder" means a person trained in the use of an automated external defibrillator under emergency cardiac care guidelines.
History:
Laws 1999, ch. 94, § 3; 2007, ch. 163, § 1; 2015, ch. 33, § 1.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, amended certain definitions as used in the Cardiac Arrest Response Act; in Subsection B, after "department", deleted "and operating under the supervision of a physician medical director"; in Subsection E, after "person in", deleted "apparent cardiac arrest" and added "need of defibrillation"; in Paragraph (1) of Subsection E, after "acts", deleted "in good faith as an ordinary prudent person would have in the same or similar circumstances" and added "without willful, wanton or reckless behavior that is the cause of injury or death"; deleted former Subsection F relating to the definition of "physician"; and added a new Subsection F.
The 2007 amendment,
effective June 15, 2007, added Subsection E defining "good Samaritan".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10C - Cardiac Arrest Response › Section 24-10C-4 - Protection of public safety.

A person that acquires an automated external defibrillator shall ensure that:
A. a trained targeted responder is designated to oversee all aspects of the automated external defibrillator program, including training, emergency medical services coordination, protocol approval and automated external defibrillator deployment strategies, and that the trained targeted responder provides overall quality assurance and reviews each case in which the automated external defibrillator is used by the program;
B. the trained targeted responders receive appropriate training in cardiopulmonary resuscitation and in the use of an automated external defibrillator by a nationally recognized course in cardiopulmonary response and automated external defibrillator use approved by the department or other training programs authorized by the department;
C. the defibrillator is maintained and tested according to the manufacturer's guidelines;
D. any person that renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical system as soon as possible and reports any clinical use of the automated external defibrillator to the designated trained targeted responder;
E. the automated external defibrillator program is registered with the department; and
F. the local emergency medical services and local 911 agencies have been notified of the automated external defibrillator program.
History:
Laws 1999, ch. 94, § 4; 2007, ch. 163, § 2; 2015, ch. 33, § 2.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, provided for certain duties of a trained targeted responder overseeing an automated external defibrillator program; in the introductory sentence, after "person", deleted "who" and added "that"; in Subsection A, after "a", deleted "physician medical director oversees" and added "trained targeted responder is designated to oversee", and after "that the", deleted "physician medical director" and added "trained targeted responder"; in Subsection B, after "targeted", deleted "responder receives" and added "responders receive"; and in Subsection D, after "person", deleted "who" and added "that", and after "defibrillator to the", deleted "physician medical director" and added "designated trained targeted responder".
The 2007 amendment,
effective June 15, 2007, changed "AED" to "automated external defibrillator".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10C - Cardiac Arrest Response › Section 24-10C-5 - Authority.

A person may acquire an automated external defibrillator if the person has met all the requirements of Section 24-10C-4 NMSA 1978. Nothing in this section limits the right of a person to practice a health profession that the person is otherwise authorized to practice in accordance with the laws of New Mexico.
History:
Laws 1999, ch. 94, § 5; 2007, ch. 163, § 3.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed "AED" to "automated external defibrillator" and provided that a person may acquire an automated external defibrillator if he has met the requirements of Section 24-10C-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10C - Cardiac Arrest Response › Section 24-10C-6 - Exemption.

Nothing in the Cardiac Arrest Response Act precludes a physician or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice from prescribing an automated external defibrillator to a patient for use by the patient's caregiver on an individual patient, and the use does not require the individual to function in an approved program.
History:
Laws 1999, ch. 94, § 6; 2007, ch. 163, § 4; 2015, ch. 116, § 11.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, amended the Cardiac Arrest Response Act provision, relating to prescribing an automated external defibrillator, by including other health care professionals with each reference to "physician"; and in the first sentence, after "physician", added "or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice".
Temporary provisions.
— Laws 2015, ch. 116, § 16 provided that by January 1, 2016, every cabinet secretary, agency head and head of a political subdivision of the state shall update rules requiring an examination by, a certificate from or a statement of a licensed physician to also accept such examination, certificate or statement from an advanced practice registered nurse, certified nurse-midwife or physician assistant working within that person's scope of practice.
The 2007 amendment,
effective June 15, 2007, changed "AED" to "automated external defibrillator".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10C - Cardiac Arrest Response › Section 24-10C-7 - Limited liability protections.

A. The following persons who render emergency care or treatment by the use of an automated external defibrillator pursuant to the provisions of the Cardiac Arrest Response Act shall not be subject to civil liability, provided that they have acted with reasonable care and in compliance with the requirements of that act:
(1) a trained targeted responder who provides supervisory services pursuant to the Cardiac Arrest Response Act;
(2) a person that provides training in cardiopulmonary resuscitation and use of automated external defibrillation;
(3) a person that acquires, provides or makes available to the public an automated external defibrillator pursuant to the Cardiac Arrest Response Act;
(4) the owner, manager or operator of the property or facility where the automated external defibrillator is located;
(5) a person that authorizes, directs or supervises the installation or placement of an automated external defibrillator; and
(6) the trained targeted responder.
B. A good Samaritan who renders emergency care or treatment by the use of an automated external defibrillator pursuant to the provisions of the Cardiac Arrest Response Act shall not be subject to civil liability; provided that the good Samaritan has acted without willful, wanton or reckless behavior that is the cause of injury or death and in compliance with the requirements of that act.
History:
Laws 1999, ch. 94, § 7; 2007, ch. 163, § 5; 2015, ch. 33, § 3.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, limited the liability of a good Samaritan who comes to the aid of a person in need of defibrillation; in the catchline, deleted "immunity" and added "liability"; designated the previously undesignated introductory sentence as Subsection A; redesignated former Subsections A, B, C and D as Paragraphs (1), (2), (3) and (4) of Subsection A, respectively; in Paragraph (1) of Subsection A, after "a", deleted "physician" and added "trained targeted responder"; in Paragraph (2) of Subsection A, after "person", deleted "who" and added "that"; in Paragraph (3) of Subsection A, after "person", deleted "who" and added "that", and after "acquires", added "provides or makes available to the public"; in Paragraph (4) of Subsection A, after "owner", added "manager or operator"; added Paragraph (5) of Subsection A; redesignated former Subsection E as Paragraph (6) of Subsection A, and after "responder", deleted "and"; deleted former Subsection F relating to "a good Samaritan"; and added Subsection B.
The 2007 amendment,
effective June 15, 2007, changed "AED" to "automated external defibrillator" and granted immunity from liability to a good Samaritan.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10D - Sexual Assault Survivors Emergency Care › Section 24-10D-1 - Short title.

This act [24-10D-1 to 24-10D-5 NMSA 1978] may be cited as the "Sexual Assault Survivors Emergency Care Act".
History:
Laws 2003, ch. 91, § 1.
ANNOTATIONS
Cross references.
— For sexual offenses,
see
Chapter 30, Article 9 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10D - Sexual Assault Survivors Emergency Care › Section 24-10D-2 - Definitions.

As used in the Sexual Assault Survivors Emergency Care Act:
A. "department" means the department of health;
B. "emergency care for sexual assault survivors" means medical examinations, procedures and services provided by a hospital to a sexual assault survivor following an alleged sexual assault;
C. "emergency contraception" means a drug approved by the federal food and drug administration that prevents pregnancy after sexual intercourse;
D. "hospital" means a facility providing emergency or urgent health care;
E. "medically and factually accurate and objective" means verified or supported by the weight of research conducted in compliance with accepted scientific methods and standards; published in peer-reviewed journals; and recognized as accurate and objective by leading professional organizations and agencies with relevant expertise in the field of obstetrics and gynecology, such as the American college of obstetricians and gynecologists;
F. "sexual assault" means the crime of criminal sexual penetration; and
G. "sexual assault survivor" means a female who alleges or is alleged to have been sexually assaulted and who presents as a patient to a hospital.
History:
Laws 2003, ch. 91, § 2.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10D - Sexual Assault Survivors Emergency Care › Section 24-10D-3 - Emergency care for sexual assault survivors; standard of care.

A. A hospital that provides emergency care for sexual assault survivors shall:
(1) provide each sexual assault survivor with medically and factually accurate and objective written and oral information about emergency contraception;
(2) orally and in writing inform each sexual assault survivor of her option to be provided emergency contraception at the hospital; and
(3) provide emergency contraception at the hospital to each sexual assault survivor who requests it.
B. The provision of emergency contraception pills shall include the initial dose that the sexual assault survivor can take at the hospital as well as the subsequent dose that the sexual assault survivor may self-administer twelve hours following the initial dose.
History:
Laws 2003, ch. 91, § 3.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10D - Sexual Assault Survivors Emergency Care › Section 24-10D-4 - Training.

No later than September 30, 2003:
A. a hospital shall ensure that all personnel who provide care to sexual assault survivors are trained to provide medically and factually accurate and objective information about emergency contraception; and
B. the department shall adopt rules regulating the training to be provided by hospitals pursuant to the Sexual Assault Survivors Emergency Care Act to personnel who provide emergency care for sexual assault survivors.
History:
Laws 2003, ch. 91, § 4.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10D - Sexual Assault Survivors Emergency Care › Section 24-10D-5 - Enforcement; administrative fines.

A. Complaints of failure to provide services required by the Sexual Assault Survivors Emergency Care Act may be filed with the department.
B. The department shall immediately investigate every complaint it receives regarding failure of a hospital to provide services required by the Sexual Assault Survivors Emergency Care Act to determine the action to be taken to satisfy the complaint.
C. The department shall compile all complaints it receives regarding failure to provide services required by the Sexual Assault Survivors Emergency Care Act and shall retain the complaints for at least ten years so that they can be analyzed for patterns of failure to provide services pursuant to that act.
D. If the department determines that a hospital has failed to provide the services required in the Sexual Assault Survivors Emergency Care Act, the department shall:
(1) issue a written warning to the hospital upon receipt of a complaint that the hospital is not providing the services required by the Sexual Assault Survivors Emergency Care Act; and
(2) based on the department's investigation of the first complaint, require the hospital to correct the deficiency leading to the complaint.
E. If after the issuance of a written warning to the hospital pursuant to Subsection D of this section, the department finds that the hospital has failed to provide services required by the Sexual Assault Survivors Emergency Care Act, the department shall, for a second through fifth complaint, impose on the hospital a fine of one thousand dollars ($1,000):
(1) per sexual assault survivor who is found by the department to have been denied medically and factually accurate and objective information about emergency contraception or who is not offered or provided emergency contraception; or
(2) per month from the date of the complaint alleging noncompliance until the hospital provides training pursuant to the rules of the department.
F. For the sixth and subsequent complaint against the same hospital if the department finds the hospital has failed to provide services required by the Sexual Assault Survivors Emergency Care Act, the department shall impose an intermediate sanction pursuant to Section 24-1-5.2 NMSA 1978 or suspend or revoke the license of the hospital issued pursuant to the Public Health Act [Chapter 24, Article 1 NMSA 1978].
History:
Laws 2003, ch. 91, § 5.
ANNOTATIONS
Severability.
— Laws 2003, ch. 91, § 6 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10E - Trauma System Fund Authority › Section 24-10E-1 - Short title.

This act [24-10E-1 to 24-10E-7 NMSA 1978] may be cited as the "Trauma System Fund Authority Act".
History:
Laws 2006, ch. 13, § 1.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10E - Trauma System Fund Authority › Section 24-10E-2 - Purpose of act.

The purpose of the Trauma System Fund Authority Act is to provide funding to sustain existing trauma centers, support the development of new trauma centers and develop a statewide trauma system.
History:
Laws 2006, ch. 13, § 2.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10E - Trauma System Fund Authority › Section 24-10E-3 - Definitions.

As used in the Trauma System Fund Authority Act:
A. "authority" means the trauma system fund authority;
B. "department" means the department of health;
C. "fund" means the trauma system fund;
D. "secretary" means the secretary of health; and
E. "statewide trauma system" means a coordinated continuum of care that includes injury prevention, emergency medical, acute care hospital and rehabilitative services and that is subject to accountability and system improvement.
History:
Laws 2006, ch. 13, § 3.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.