reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7B - Mental Health Care Treatment Decisions › Section 24-7B-11 - Immunities.

A. A health care provider or mental health treatment facility acting reasonably and on reasonable grounds and in accordance with generally accepted health care standards applicable to the health care provider or mental health treatment facility is not subject to civil or criminal liability or to discipline for unprofessional conduct for:
(1) complying or attempting to comply with a mental health treatment decision of a person apparently having authority to make a mental health treatment decision for a patient;
(2) declining to comply with a mental health treatment decision of a person based on a belief that the person then lacked authority;
(3) complying or attempting to comply with an advance directive for mental health treatment and assuming that the directive was valid when made and has not been revoked or terminated;
(4) declining to comply with a mental health treatment directive as permitted; or
(5) complying or attempting to comply with any other provision of the Mental Health Care Treatment Decisions Act.
B. An individual acting as agent or guardian under the Mental Health Care Treatment Decisions Act is not subject to civil or criminal liability or to discipline for unprofessional conduct for mental health treatment decisions made in good faith.
History:
Laws 2006, ch. 7, § 11.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 7 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 7B - Mental Health Care Treatment Decisions › Section 24-7B-12 - Prohibited practice.

A. No insurer or other provider of benefits regulated by the New Mexico Insurance Code [Chapter 59A NMSA 1978, except for Articles 30A and 42A] or a state agency shall require a person to execute or revoke an advance directive for mental health treatment as a condition for membership in, being insured for or receiving coverage or benefits under an insurance contract or plan.
B. No insurer may condition the sale, procurement or issuance of a policy, plan, contract, certificate or other evidence of coverage, or entry into a pension, profit-sharing, retirement, employment or similar benefit plan, upon the execution or revocation of an advance directive for mental health treatment; nor shall the existence of an advance directive for mental health treatment modify the terms of an existing policy, plan, contract, certificate or other evidence of coverage of insurance.
C. The provisions of this section shall be enforced by the superintendent of insurance under the New Mexico Insurance Code.
History:
Laws 2006, ch. 7, § 12.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 7 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 7B - Mental Health Care Treatment Decisions › Section 24-7B-13 - Statutory damages.

A. A health care provider or mental health treatment facility that intentionally violates the Mental Health Care Treatment Decisions Act is subject to liability to the aggrieved individual for damages of five thousand dollars ($5,000) or actual damages resulting from the violation, whichever is greater, plus reasonable attorney fees.
B. A person who intentionally falsifies, forges, conceals, defaces or obliterates an individual's advance directive for mental health treatment or a revocation of an advance directive for mental health treatment without the individual's consent or a person who coerces or fraudulently induces an individual to give, revoke or not give or revoke an advance directive for mental health treatment is subject to liability to that individual for damages of five thousand dollars ($5,000) or actual damages resulting from the action, whichever is greater, plus reasonable attorney fees.
C. The damages provided in this section are in addition to other types of relief available under other law, including civil and criminal law and law providing for disciplinary procedures.
History:
Laws 2006, ch. 7, § 13.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 7 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 7B - Mental Health Care Treatment Decisions › Section 24-7B-14 - Effect of copy.

A copy of a written advance directive for mental health treatment or revocation of an advance directive for mental health treatment has the same effect as the original.
History:
Laws 2006, ch. 7, § 14.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 7 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 7B - Mental Health Care Treatment Decisions › Section 24-7B-15 - Effect of the Mental Health Care Treatment Decisions Act.

A. The Mental Health Care Treatment Decisions Act does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance directive for mental health treatment.
B. Death resulting from the withholding or withdrawal of health care in accordance with the Mental Health Care Treatment Decisions Act does not for any purpose:
(1) constitute a suicide, a homicide or other crime; or
(2) legally impair or invalidate a governing instrument, notwithstanding any term of the governing instrument to the contrary. "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with POD (payment on death designation), security registered in beneficiary form (TOD), pension, profit-sharing, retirement, employment or similar benefit plan, instrument creating or exercising a power of appointment or a dispositive, appointive or nominative instrument of any similar type.
C. The Mental Health Care Treatment Decisions Act does not authorize mercy killing, assisted suicide, euthanasia or the provision, withholding or withdrawal of health care, to the extent prohibited by other statutes of this state.
D. The Mental Health Care Treatment Decisions Act does not authorize or require a health care provider or mental health treatment facility to provide health care contrary to generally accepted health care standards applicable to the health care provider or mental health treatment facility.
E. The Mental Health Care Treatment Decisions Act does not authorize an agent to consent to the admission of an individual to a mental health treatment facility. If the individual's written advance directive for mental health treatment expressly permits treatment in a mental health treatment facility, the agent may present the individual to a facility for evaluation for admission.
F. The Mental Health Care Treatment Decisions Act does not affect other statutes of this state governing treatment for mental illness of an individual admitted to a mental health treatment facility, including involuntary commitment to a mental health treatment facility for mental illness.
History:
Laws 2006, ch. 7, § 15.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 7 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 7B - Mental Health Care Treatment Decisions › Section 24-7B-16 - Transitional provisions.

A. An advance directive for mental health treatment is valid for purposes of the Mental Health Care Treatment Decisions Act if it complies with the provisions of that act, regardless of when or where executed or communicated.
B. The Mental Health Care Treatment Decisions Act does not impair a guardianship, living will, durable power of attorney, right-to-die statement or declaration or other advance directive for health care decisions that is in effect before July 1, 2006.
C. Any mental health treatment or psychiatric advance directive, durable power of attorney for health care decisions, living will, right-to-die statement or declaration or similar document that is executed in another state or jurisdiction in compliance with the laws of that state or jurisdiction shall be deemed valid and enforceable in this state to the same extent as if it were properly made in this state.
History:
Laws 2006, ch. 7, § 16.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 7 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 7C - End-of-Life Options › Section 24-7C-1 - Short title.

Chapter 24, Article 7C NMSA 1978 may be cited as the "End-of-Life Options Act" or the "Elizabeth Whitefield End-of-Life Options Act".
History:
Laws 2021, ch. 132, § 1; 2023, ch. 133, § 1.
ANNOTATIONS
The 2023 amendment,
effective April 4, 2023, deleted "Section 1 through 8 of this act" and added "Chapter 24, Article 7C NMSA 1978".
Severability.
— Laws 2021, ch. 132, § 11 provided that if any part or application of the End-of-Life Options Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7C - End-of-Life Options › Section 24-7C-2 - Definitions.

As used in the End-of-Life Options Act:
A. "adult" means a resident of the state who is eighteen years of age or older;
B. "capacity" means an individual's ability to understand and appreciate health care options available to that individual, including significant benefits and risks, and to make and communicate an informed health care decision. A determination of capacity shall be made only according to professional standards of care and the provisions of Section 24-7A-11 NMSA 1978;
C. "health care entity" means an entity, other than an individual, that is licensed to provide any form of health care in the state, including a hospital, clinic, hospice agency, home health agency, long-term care agency, pharmacy, group medical practice, medical home or any similar entity;
D. "health care provider" means any of the following individuals authorized pursuant to the New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978] to prescribe a medication to be used in medical aid in dying:
(1) a physician licensed pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978];
(2) an osteopathic physician licensed pursuant to the Osteopathic Medicine Act [Chapter 61, Article 10 NMSA 1978];
(3) a nurse licensed in advanced practice pursuant to the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978]; or
(4) a physician assistant licensed pursuant to the Physician Assistant Act [61-6-7 to 61-6-10 NMSA 1978] or the Osteopathic Medicine Act;
E. "medical aid in dying" means the medical practice wherein a health care provider prescribes medication to a qualified individual who may self-administer that medication to bring about a peaceful death;
F. "mental health professional" means a state-licensed psychiatrist, psychologist, master social worker, psychiatric nurse practitioner or professional clinical mental health counselor;
G. "prescribing health care provider" means a health care provider who prescribes medical aid in dying medication;
H. "qualified individual" means an individual who has met the requirements of Section 3 [24-7C-3 NMSA 1978] of the End-of-Life Options Act;
I. "self-administer" means taking an affirmative, conscious, voluntary action to ingest a pharmaceutical substance; and
J. "terminal illness" means a disease or condition that is incurable and irreversible and that, in accordance with reasonable medical judgment, will result in death within six months.
History:
Laws 2021, ch. 132, § 2.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
Severability.
— Laws 2021, ch. 132, § 11 provided that if any part or application of the End-of-Life Options Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7C - End-of-Life Options › Section 24-7C-4 - Determining capacity.

If an individual has a recent history of a mental health disorder or an intellectual disability that could cause impaired judgment with regard to end-of-life medical decision making, or if, in the opinion of the prescribing health care provider or consulting health care provider, an individual currently has a mental health disorder or an intellectual disability that may cause impaired judgment with regard to end-of-life medical decision making, the individual shall not be determined to have capacity to make end-of-life decisions until the:
A. health care provider refers the individual for evaluation by a mental health professional with the training and expertise to assess a person with such a disorder or disability; and
B. mental health professional determines the individual to have capacity to make end-of-life decisions after evaluating the individual during one or more visits with the individual.
History: Laws 2021, ch. 132, § 4.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
Severability.
— Laws 2021, ch. 132, § 11 provided that if any part or application of the End-of-Life Options Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7C - End-of-Life Options › Section 24-7C-5 - Waiting period.

A prescription for medical aid in dying medication shall:
A. not be filled until forty-eight hours after the prescription for medical aid in dying medication has been written, unless the qualified individual's prescribing health care provider has medically confirmed that the qualified individual may, within reasonable medical judgment, die before the expiration of the waiting period identified herein, in which case, the prescription may be filled once the prescribing health care provider affirms that all requirements have been fulfilled pursuant to Section 3 [24-7C-3 NMSA 1978] of the End-of-Life Options Act; and
B. indicate the date and time that the prescription for medical aid in dying medication was written and indicate the first allowable date and time when it may be filled.
History:
Laws 2021, ch. 132, § 5.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
Severability.
— Laws 2021, ch. 132, § 11 provided that if any part or application of the End-of-Life Options Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7C - End-of-Life Options › Section 24-7C-6 - Medical aid in dying; right to know.

A health care provider shall inform a terminally ill patient of all reasonable options related to the patient's care that are legally available to terminally ill patients that meet the medical standards of care for end-of-life care.
History: Laws 2021, ch. 132, § 6.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
Severability.
— Laws 2021, ch. 132, § 11 provided that if any part or application of the End-of-Life Options Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7C - End-of-Life Options › Section 24-7C-8 - Prohibited acts.

Nothing in the End-of-Life Options Act shall be construed to authorize a physician or any other person to end an individual's life by lethal injection, mercy killing or euthanasia. Actions taken in accordance with the End-of-Life Options Act shall not be construed, for any purpose, to constitute suicide, assisted suicide, euthanasia, mercy killing, homicide or adult abuse under the law.
History:
Laws 2021, ch. 132, § 8.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
Severability.
— Laws 2021, ch. 132, § 11 provided that if any part or application of the End-of-Life Options Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 8 - Family Planning › Section 24-8-1 - Short title.

This act [24-8-1 to 24-8-8 NMSA 1978] may be cited as the "Family Planning Act".
History:
1953 Comp., § 12-30-1, enacted by Laws 1973, ch. 107, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
12 Am. Jur. 2d Birth Control §§ 1 et seq.
Validity of regulations as to contraceptives or the dissemination of birth control information, 96 A.L.R.2d 955.
Liability of manufacturer or seller for injury or death allegedly caused by use of contraceptive, 70 A.L.R.3d 315.
Sexual partner's tort liability to other partner for fraudulent misrepresentation regarding sterility or use of birth control resulting in pregnancy, 2 A.L.R.5th 301.
Parent's child support liability as affected by other parent's fraudulent misrepresentation regarding sterility or use of birth control, or refusal to abort pregnancy, 2 A.L.R.5th 337.
Liability of manufacturer or seller for injury or death allegedly caused by use of contraceptive, 54 A.L.R.5th 1.
1 C.J.S. Abortion and Birth Control; Family Planning §§ 1 to 12; 39A C.J.S. Health and Environment § 43.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 8 - Family Planning › Section 24-8-2 - Definitions.

As used in the Family Planning Act:
A. "contraceptive procedures" means any medically accepted procedure to prevent pregnancy;
B. "family planning services" includes contraceptive procedures and services (diagnosis, treatment, supplies and follow-up), social services, educational and informational services;
C. "health facility" means a hospital, clinic, nursing home, intermediate care facility or pharmacy;
D. "medically indigent" means a person who has insufficient funds to pay for family planning services;
E. "local governmental units" means counties, municipalities and public school districts and any of their agencies, departments, commissions, committees, institutions and educational institutions;
F. "physician" means a person licensed or authorized to practice medicine or osteopathy under the provisions of Sections 61-6-1 through 61-6-28 and 61-10-1 [repealed] through 61-10-21 NMSA 1978; and
G. "state" means the state and its agencies, departments, commissions, committees, institutions and educational institutions.
History:
1953 Comp., § 12-30-2, enacted by Laws 1973, ch. 107, § 2.
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.
Law reviews.
— For comment, "Voluntary Sterilization in New Mexico: Who Must Consent?" see 7 N.M.L. Rev. 121 (1976-77).
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 8 - Family Planning › Section 24-8-3 - Legislative findings; purpose of act.

A. The legislature finds that:
(1) family planning has been recognized as an essential component of standard health care and has been recognized nationally and internationally as a universal human right;
(2) continuing population growth causes or aggravates many social, economic and environmental problems, both in this state and in the nation;
(3) family planning services are not available as a practical matter to many persons in this state;
(4) it is desirable that family planning services be readily accessible to all who want and need them; and
(5) dissemination of information about family planning by the state and its local governmental units is consistent with public policy.
B. It is the purpose of the Family Planning Act to assure that comprehensive family planning services are accessible on a voluntary basis to all who want and need them.
History:
1953 Comp., § 12-30-3, enacted by Laws 1973, ch. 107, § 3.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 8 - Family Planning › Section 24-8-4 - Prohibition against interference with medical judgment of certain health care professionals.

The Family Planning Act does not prohibit or inhibit any person from refusing to provide any family planning service on the grounds that there are valid medical reasons for the refusal and that those reasons are based upon the judgment of a physician or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice given in the specific case of the person for whom services are refused.
History:
1953 Comp., § 12-30-4, enacted by Laws 1973, ch. 107, § 4; 2015, ch. 116, § 9.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, amended the Family Planning Act provision, relating to the prohibition against interference with medical judgment, by including other health care professionals with each reference to "physician"; in the catchline, after "judgment of", deleted "physicians" and added "certain health care professionals"; and in the middle of the section, after "judgment of a 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.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 8 - Family Planning › Section 24-8-5 - Prohibition against imposition of standards and requirements as prerequisites for receipt of requested family planning services.

Neither the state, its local governmental units nor any health facility furnishing family planning services shall subject any person to any standard or requirement as a prerequisite to the receipt of any requested family planning service except for:
A. a requirement of referral to a physician or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice when the requested family planning service is something other than information about family planning or nonprescription items;
B. any requirement imposed by law or regulation as a prerequisite to the receipt of a family planning service; or
C. payment for the service when payment is required in the ordinary course of providing the particular service to the person involved.
History:
1953 Comp., § 12-30-5, enacted by Laws 1973, ch. 107, § 5; 2015, ch. 116, § 10.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, amended the Family Planning Act provision, relating to the prohibition against imposition of standards and requirements as prerequisites for receipt of family planning services, by including other health care professionals with each reference to "physician"; in Subsection A, 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.
Law reviews.
— For comment, "Voluntary Sterilization in New Mexico: Who Must Consent?" see 7 N.M.L. Rev. 121 (1976-77).
For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 8 - Family Planning › Section 24-8-6 - Health facility licensure; affirmative statement of compliance required as condition of licensure; prohibition against certain policies of health facilities, state and local governmental units.

A. No health facility shall include in its bylaws or other governing policy statement a statement that:
(1) interferes with the physician-patient relationship in connection with the provision of any family planning service; or
(2) establishes or authorizes any standard or requirement in violation of Section 5 [24-8-5 NMSA 1978] of the Family Planning Act, provided that nothing in the Family Planning Act shall be construed to require any hospital or clinic that objects on moral or religious grounds to admit any person for the purpose of being sterilized.
B. Neither the state nor its local governmental units shall have any written or unwritten policy that interferes with the physician-patient relationship in connection with the provision of family planning services except for provisions required by law or regulations relating to payment from public funds to a provider of family planning services.
C. No license or a renewal of a license shall be issued by the state to a health facility if it is in violation of the provisions of Subsection A of this section.
History:
1953 Comp., § 12-30-6, enacted by Laws 1973, ch. 107, § 6.
ANNOTATIONS
Cross references.
— For licensing of health facilities generally,
see
24-1-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 8 - Family Planning › Section 24-8-7 - Publicly funded family planning services; provision of certain services to medically indigent persons free of charge and to other persons at a cost consistent with their ability to pay.

To the extent that public funds are available, in any family planning services program operated by the state and its governmental units and in any family planning services program in which public funds are expended:
A. family planning services consisting only of information about family planning shall be furnished to persons free of charge; and
B. other family planning services shall be furnished to medically indigent persons free of charge and to all other persons at a cost consistent with their ability to pay.
History:
1953 Comp., § 12-30-7, enacted by Laws 1973, ch. 107, § 7.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 8 - Family Planning › Section 24-8-8 - Coordination of family planning services.

Any family planning services program developed or operated by the state or its local governmental units shall be developed and operated in coordination with other public and private family planning services programs existing in the state.
History:
1953 Comp., § 12-30-8, enacted by Laws 1973, ch. 107, § 8.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 9 - Sterilization › Section 24-9-1 - Sterilization; consent of abandoning spouse unnecessary.

Any person, otherwise capable of consenting to medical treatment, need not obtain the consent of his spouse for his voluntary medical sterilization if such person has been abandoned by his spouse.
History:
1953 Comp., § 12-3-43, enacted by Laws 1971, ch. 14, § 3; 1973, ch. 266, § 1.
ANNOTATIONS
Cross references.
— For prohibition against requiring special qualifications of individuals upon whom sterilization operation is to be performed,
see
24-1-14 NMSA 1978.
Law reviews.
— For comment, "Voluntary Sterilization in New Mexico: Who Must Consent?" see 7 N.M.L. Rev. 121 (1976-77).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Health §§ 74, 107.
Medical malpractice, and measure and element of damages, in connection with sterilization or birth control procedures, 27 A.L.R.3d 906.
Legality of voluntary nontherapeutic sterilization, 35 A.L.R.3d 1444.
Promise: recovery against physician on basis of breach of contract to achieve particular result or cure, 43 A.L.R.3d 1221.
Asexualization or sterilization of criminals or defectives, 53 A.L.R.3d 960.
When a statute of limitations begins to run against malpractice action in connection with sterilization or birth control procedures, 93 A.L.R.3d 218.
39A C.J.S. Health and Environment § 43.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 9A - Maternal, Fetal and Infant Experimentation › Section 24-9A-2 - Pregnant woman.

A. No woman, known to be pregnant according to generally accepted medical standards, shall be involved as a subject in any clinical research activity unless:
(1) the purpose of the activity is to meet the health needs of the mother or the fetus and the fetus will be placed at risk only to the minimum extent necessary to meet such needs; or
(2) there is no significant risk to the fetus.
B. An activity permitted under Subsection A of this section may be conducted only if the mother is legally competent and has given her informed consent after having been fully informed regarding possible impact on the fetus.
History:
Laws 1979, ch. 132, § 2.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 9A - Maternal, Fetal and Infant Experimentation › Section 24-9A-3 - Fetus.

A. No fetus shall be involved as a subject in any clinical research activity unless the purpose of the activity is to meet the health needs of the particular fetus and the fetus will be placed at risk only to the minimum extent necessary to meet such needs or no significant risk to the fetus is imposed by the research activity.
B. An activity permitted under Subsection A of this section shall be conducted only if the mother is legally competent and has given her informed consent.
History:
Laws 1979, ch. 132, § 3.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 9A - Maternal, Fetal and Infant Experimentation › Section 24-9A-4 - Live-born infant.

A. No live-born infant shall be involved as a subject in any clinical research activity unless the purpose of the activity is to meet the health needs of that particular infant, and the infant will be placed at risk only to the minimum extent necessary to meet such needs or no significant risk to such infant is imposed by the research activity.
B. An activity permitted under Subsection A of this section shall be conducted only if:
(1) the nature of the investigation is such that adults or mentally competent persons would not be suitable subjects; and
(2) the mother or father or the infant's legal guardian is mentally competent and has given his or her informed consent.
History:
Laws 1979, ch. 132, § 4.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 9A - Maternal, Fetal and Infant Experimentation › Section 24-9A-5 - Research activity.

A. No clinical research activity involving fetuses, live-born infants or pregnant women shall be conducted unless:
(1) appropriate studies on animals and nonpregnant human beings have been completed;
(2) anyone engaged in conducting the research activity will have no part in:
(a) any decisions as to the timing, method and procedures used to terminate the pregnancy; and
(b) determining the viability of the fetus at the termination of the pregnancy; and
(3) no procedural changes which may cause significant risk to the fetus or the pregnant woman will be introduced into the procedure for terminating the pregnancy solely in the interest of the research activity.
B. No inducements, monetary or otherwise, shall be offered to any woman to terminate her pregnancy for the purpose of subjecting her fetus or live-born infant to clinical research activity.
C. No consent to involve a pregnant woman, fetus or infant as a subject in clinical research activity shall be valid unless the pregnant woman or the parent or guardian of the infant has been fully informed of the following:
(1) a fair explanation of the procedures to be followed and their purposes, including identification of any procedures which are experimental;
(2) a description of any attendant discomforts and risks reasonably to be expected;
(3) a description of any benefits reasonably to be expected;
(4) a disclosure of any appropriate alternative procedures that might be advantageous for the subject;
(5) an offer to answer any inquiries concerning the procedure; and
(6) an instruction that the person who gave the consent is free to withdraw his consent and to discontinue participation in the project or activity at any time without prejudice to the subject.
History:
Laws 1979, ch. 132, § 5.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 9A - Maternal, Fetal and Infant Experimentation › Section 24-9A-6 - Penalty.

Whoever knowingly and willfully violates the provisions of Section 2, 3 or 4 [24-9A-2, 24-9A-3 or 24-9A-4 NMSA 1978] of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail for a definite term of less than one year, or to the payment of a fine of not more than one thousand dollars ($1,000), or to both imprisonment and fine in the discretion of the judge.
History:
Laws 1979, ch. 132, § 6.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 9A - Maternal, Fetal and Infant Experimentation › Section 24-9A-7 - Short title.

Sections 1 through 7 [24-9A-1 to 24-9A-7 NMSA 1978] of this act may be cited as the "Maternal, Fetal and Infant Experimentation Act".
History:
Laws 1979, ch. 132, § 7.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10 - Consent to Medical Care; Emergency Care; Transfusions › Section 24-10-1 - Emancipated minors; hospital, medical and surgical care.

Notwithstanding any other provision of the law, and without limiting cases in which consent may otherwise be obtained or is not required, any emancipated minor or any minor who has contracted a lawful marriage may give consent to the furnishing of hospital, medical and surgical care to such minor, and the consent is not subject to disaffirmance because of minority. The consent of a parent of an emancipated minor or of a minor who has contracted a lawful marriage is not necessary in order to authorize hospital, medical and surgical care. For the purposes of this section only, subsequent judgment of annulment of the marriage or judgment of divorce shall not deprive the minor of his adult status once attained.
History:
1953 Comp., § 12-12-1, enacted by Laws 1963, ch. 32, § 1; recompiled as 1953 Comp., § 12-25-1, by Laws 1972, ch. 51, § 9.
ANNOTATIONS
Cross references.
— For health care decisions,
see
Chapter 24, Article 7A NMSA 1978.
For age of majority,
see
28-6-1 NMSA 1978.
For effect of minority upon limitations period for malpractice actions,
see
41-5-13 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Power of courts or other public agencies, in the absence of statutory authority, to order compulsory medical care for adult, 9 A.L.R.3d 1391.
Voluntary acts: what voluntary acts of child, other than marriage or entry in military service, terminate parent's obligation to support, 32 A.L.R.3d 1055.
Medical practitioner's liability for treatment given child without parent's consent, 67 A.L.R.4th 511.
Power of court or other public agency to order medical treatment over parental religious objections for child whose life is not immediately endangered. 21 A.L.R.5th 248.
What voluntary acts of child, other than marriage or entry into military service, terminate parent's obligation to support, 55 A.L.R.5th 557.
42 C.J.S. Infants § 116.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10 - Consent to Medical Care; Emergency Care; Transfusions › Section 24-10-2 - Consent for emergency attention by person in loco parentis.

Notwithstanding any other provision of the law, in cases of emergency in which a minor is in need of immediate hospitalization, medical attention or surgery and the parents of the minor cannot be located for the purpose of consenting thereto, after reasonable efforts have been made under the circumstances, consent for the emergency attention may be given by any person standing in loco parentis to the minor.
History:
1953 Comp., § 12-12-2, enacted by Laws 1963, ch. 32, § 2; recompiled as 1953 Comp., § 12-25-2, by Laws 1972, ch. 51, § 9.
ANNOTATIONS
Cross references.
— For age of majority,
see
28-6-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
42 Am. Jur. 2d Infants §§ 16, 17, 55, 72; 59 Am. Jur. 2d Parent and Child §§ 11, 48, 74, 88.
Propriety of surgically invading incompetent or minor for benefit of third party, 4 A.L.R.5th 1000.
42 C.J.S. Infants §§ 93, 181.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10 - Consent to Medical Care; Emergency Care; Transfusions › Section 24-10-3 - Persons coming to aid or rescue of another rendering emergency care; release from liability.

No person who comes to the aid or rescue of another person by providing care or assistance in good faith at or near the scene of an emergency, as defined in Section 24-10-4 NMSA 1978, shall be held liable for any civil damages as a result of any action or omission by that person in providing that care or assistance, except when liable for an act of gross negligence; but nothing in this section applies to the provision of emergency care or assistance when it is rendered for remuneration or with the expectation of remuneration or is rendered by a person or agent of a principal who was at the scene of the accident or emergency because he or his principal was soliciting business or performing or seeking to perform some services for remuneration.
History:
1953 Comp., § 12-12-3, enacted by Laws 1963, ch. 59, § 1; recompiled as 1953 Comp., § 12-25-3, by Laws 1972, ch. 51, § 9; 1997, ch. 86, § 1.
ANNOTATIONS
Cross references.
— For medical malpractice generally,
see
Chapter 41, Article 5 NMSA 1978.
The 1997 amendment,
effective June 20, 1997, rewrote this section.
Border patrol agents.
— In a suit alleging that border patrol agents negligently caused plaintiff's injuries in the course of extricating him from his vehicle after an accident, the agents were liable for their actions only to the extent a private person, in the same circumstances, would be liable and, under this section, would be liable only for gross negligence, rather than ordinary negligence.
Ortiz v. United States Border Patrol
, 39 F. Supp. 2d 1321 (D.N.M. 1999).
Law reviews.
— For note, "The New Mexico Medico - Legal Malpractice Panel - An Analysis,"
see
3 N.M.L. Rev. 311 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
61 Am. Jur. 2d Physicians, Surgeons and Other Healers, § 160.
Liability of operator of ambulance service for personal injuries to person being transported, 68 A.L.R.4th 14.
Construction and application of "Good Samaritan" statutes, 68 A.L.R.4th 294.
Rescue doctrine: liability of one who negligently causes motor vehicle accident for injuries to person subsequently attempting to rescue persons or property, 73 A.L.R.4th 737.
65 C.J.S. Negligence § 63(107).
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10 - Consent to Medical Care; Emergency Care; Transfusions › Section 24-10-4 - Emergency defined.

As used in Sections 24-10-3 and 24-10-4 NMSA 1978, "emergency" means an unexpected occurrence of injury or illness occurring in public or private places to a person that results from:
A. motor vehicle accidents and collisions;
B. acts of God; and
C. other accidents and events of similar nature.
History:
1953 Comp., § 12-12-4, enacted by Laws 1963, ch. 59, § 2; recompiled as 1953 Comp., § 12-25-4, by Laws 1972, ch. 51, § 9; 1999, ch. 141, § 1.
ANNOTATIONS
The 1999 amendment,
effective June 18, 1999, added the catchline and rewrote the section which read: "As used in this act 'emergency' means an unexpected occurrence involving injury or illness to persons, including motor vehicle accidents and collisions, disasters, and other accidents and events of similar nature occurring in public or private places".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10 - Consent to Medical Care; Emergency Care; Transfusions › Section 24-10-5 - Transfusions; limited liability.

The procuring, furnishing, donating, processing, distributing or using of human whole blood, plasma, blood products, blood derivatives, human tissue or organs or any component thereof shall not give rise to any implied warranties of any type, and the doctrine of strict tort liability shall not be applicable to the transmission of hepatitis or human immunodeficiency virus in the blood, plasma, blood products, blood derivatives, human tissue or organs or any component thereof. Nothing in this section shall be construed as affecting the liability of any person, firm, corporation or other organization for negligence or willful misconduct.
History:
1953 Comp., § 12-12-5, enacted by Laws 1971, ch. 119, § 1; 1953 Comp., § 12-25-5 by Laws 1972, ch. 51, § 9; 1978 Comp., § 24-10-5; Laws 1987, ch. 104, § 1.
ANNOTATIONS
Law reviews.
— For note, "The New Mexico Medico - Legal Malpractice Panel - An Analysis," see 3 N.M.L. Rev. 311 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
40 Am. Jur. 2d Hospitals and Asylums § 27 et seq; 61 Am. Jur. 2d Physicians, Surgeons and Other Healers, §§ 132, 159, 161, 173, 178.
Application of rule of strict liability in tort to person or entity rendering medical services, 100 A.L.R.3d 1205.
Liability of hospital, physician, or other individual medical practitioner for injury or death resulting from blood transfusion, 20 A.L.R.4th 136.
Liability of blood supplier or donor for injury or death resulting from blood transfusion, 24 A.L.R.4th 508.
Discovery of identity of blood donor, 56 A.L.R.4th 755.
Liability for donee's contraction of Acquired Immune Deficiency Syndrome (AIDS) from blood transfusion, 64 A.L.R.5th 333.
Validity, construction, and application of blood shield statutes, 75 A.L.R.5th 229.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10 - Consent to Medical Care; Emergency Care; Transfusions › Section 24-10-6 - Blood donation; minors.

A. A minor who is at least seventeen years of age may donate blood to a licensed, accredited or approved blood bank, storage facility or hospital without parental consent.
B. A minor shall not receive monetary payment from a licensed, accredited or approved blood bank, storage facility or hospital for a donation of blood or blood components.
History:
Laws 2003, ch. 79, § 1.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10A - Emergency Medical Services Fund › Section 24-10A-1 - Short title.

Chapter 24, Article 10A NMSA 1978 may be cited as the "Emergency Medical Services Fund Act".
History:
1978 Comp., § 24-10A-1, enacted by Laws 1978, ch. 178, § 1; 1987, ch. 246, § 1.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10A - Emergency Medical Services Fund › Section 24-10A-2 - Purpose of act.

The purpose of the Emergency Medical Services Fund Act is to make money available to municipalities and counties for use in the establishment and enhancement of local emergency medical services, statewide emergency medical services and trauma services in order to reduce injury and loss of life.
History:
1978 Comp., § 24-10A-2, enacted by Laws 1978, ch. 178, § 2; 1987, ch. 246, § 2; 1994, ch. 61, § 1; 2001, ch. 258, § 1; 2001, ch. 273, § 1.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, deleted "in proportion to their needs" following "municipalities and counties" and inserted "statewide emergency medical services and trauma services".
Laws 2001, ch. 258, § 1 and Laws 2001, ch. 273, § 1 enacted identical amendments to this section. The section was set out as amended by Laws 2001, ch. 273, § 1.
See
12-1-8 NMSA 1978.
The 1994 amendment,
effective July 1, 1994, deleted "It is" at the beginning, inserted "is" following "Act", substituted "money" for "funds", deleted "incorporated" before "municipalities", inserted "and" following "municipalities", deleted "and fire districts of the state" following "counties", deleted "of emergency medical services; the purchase, repair and maintenance of emergency medical service vehicles, equipment and supplies; and the training and licensing" following "establishment", inserted "and enhancement" before "of local", and deleted "personnel" following "services" near the end.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10A - Emergency Medical Services Fund › Section 24-10A-3.1 - Regulations.

The department shall adopt regulations pursuant to Subsection E of Section 9-7-6 NMSA 1978 to carry out the provisions of the Emergency Medical Services Fund Act.
History:
Laws 1994, ch. 61, § 13.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 10A - Emergency Medical Services Fund › Section 24-10A-4 - Funding program; purpose; determination of needs.

A. The "local emergency medical services funding program" is created. The program shall provide for the:
(1) establishment or enhancement of local emergency medical services, including the use of advanced technology equipment;
(2) operational costs other than salaries and benefits of local emergency medical services personnel;
(3) purchase, repair and maintenance of emergency medical services vehicles, equipment and supplies, including the use of advanced technology equipment; and
(4) training and licensing of local emergency medical services personnel.
B. Annually on or before June 1, the bureau shall consider and determine, in accordance with the formula adopted by rule of the department, the amount of distribution to municipalities and counties that have applied for money from the fund. In making its determination, the bureau shall ensure that no municipality or county receives money from the fund for the purpose of accumulation as defined by rule of the department, except as waived by the bureau in writing for good cause shown. The bureau shall also ensure that each local recipient is in compliance with the rules of the department.
History:
1978 Comp., § 24-10A-4, enacted by Laws 1978, ch. 178, § 4; 1979, ch. 141, § 1; 1987, ch. 246, § 4; 1994, ch. 61, § 4; 2000, ch. 16, § 1; 2001, ch. 258, § 4; 2001, ch. 273, § 4.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, in Subsection B, substituted "except as waived by the bureau in writing for good cause shown" for the provision that a municipality or county may accumulate balances only for the purpose of purchasing vehicles or equipment with bureau approval.
Laws 2001, ch. 258, § 4 and Laws 2001, ch. 273, § 4 enacted identical amendments to this section. The section was set out as amended by Laws 2001, ch. 273, § 4.
See
12-1-8 NMSA 1978.
The 2000 amendment,
effective May 17, 2000, in Subsection B, substituted "rule" for "regulation" in both the first and second sentence; added the proviso in the second sentence; and substituted "rules" for "regulations" in the last sentence.
The 1994 amendment,
effective July 1, 1994, inserted "Funding program; purpose" in the catchline, added Subsection A, and rewrote and designated the formerly undesignated provisions as Subsection B.