reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-29 - Sexually transmitted infection care; cost sharing eliminated.

A. Group health coverage, including self-insurance, offered, issued, amended, delivered or renewed under the Health Care Purchasing Act, that offers coverage for preventive care or treatment of sexually transmitted infections shall not impose cost sharing on eligible insureds.
B. Pursuant to this section, preventive care or treatment of sexually transmitted infections shall not be conditioned upon the gender identity of the insured.
C. The provisions of Subsection A of this section do not apply to high-deductible health care plans with health savings accounts until an eligible insured's deductible has been met, unless otherwise allowed pursuant to federal law.
D. For the purposes of this section:
(1) "cost sharing" means policy deductibles, copayments or coinsurance;
(2) "preventive care" means screening, testing, examination or counseling and the administration, dispensing or prescribing of drugs, devices or supplies incidental to the prevention of a sexually transmitted infection;
(3) "sexually transmitted infection" means chlamydia, syphilis, gonorrhea, HIV and relevant types of hepatitis, as well as any other sexually transmitted infection regardless of mode of transportation, as designated by rule upon making a finding that the particular sexually transmitted infection is contagious; and
(4) "treatment" means medically necessary care for the management of an existing sexually transmitted infection.
History:
Laws 2023, ch. 99, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 99 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 99, § 7 provided that the provisions of Laws 2023, ch. 99 apply to health insurance policies, health care plans, certificates of health insurance or health maintenance organization contracts that are delivered, issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-30 - Definitions.

As used in Sections 1 through 9 [13-7-30 to 13-7-38 NMSA 1978] of this 2023 act:
A. "generally recognized standards" means standards of care and clinical practice established by evidence-based sources, including clinical practice guidelines and recommendations from mental health and substance use disorder care provider professional associations and relevant federal government agencies, that are generally recognized by providers practicing in relevant clinical specialties, including:
(1) psychiatry;
(2) psychology;
(3) social work;
(4) clinical counseling;
(5) addiction medicine and counseling; or
(6) family and marriage counseling; and
B. "mental health or substance use disorder services" means:
(1) professional services, including inpatient and outpatient services and prescription drugs, provided in accordance with generally recognized standards of care for the identification, prevention, treatment, minimization of progression, habilitation and rehabilitation of conditions or disorders listed in the current edition of the American psychiatric association's Diagnostic and Statistical Manual of Mental Disorders, including substance use disorder; or
(2) professional talk therapy services, provided in accordance with generally recognized standards of care, provided by a marriage and family therapist licensed pursuant to the Counseling and Therapy Practice Act [Chapter 61, Article 9A NMSA 1978].
History:
Laws 2023, ch. 114, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 114 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 114, § 46 provided that the provisions of Laws 2023, ch. 114 are applicable to group health insurance policies, health care plans or certificates of health insurance, other than small group health plans, that are delivered, issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-31 - Benefits required.

Group coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act shall provide coverage for all mental health or substance use disorder services required by generally recognized standards of care.
History:
Laws 2023, ch. 114, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 114 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 114, § 46 provided that the provisions of Laws 2023, ch. 114 are applicable to group health insurance policies, health care plans or certificates of health insurance, other than small group health plans, that are delivered, issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-32 - Parity for coverage of mental health and substance use disorder services.

A. The office of superintendent of insurance shall ensure that an insurer complies with federal and state laws, rules and regulations applicable to coverage for mental health or substance use disorder services.
B. An insurer shall not impose quantitative treatment limitations, financial restrictions, limitations or requirements on the provision of mental health or substance use disorder services that are more restrictive than the predominant restrictions, limitations or requirements that are imposed on substantially all of the coverage of benefits for other conditions.
C. An insurer shall not impose non-quantitative treatment limitations for the treatment of mental health or substance use disorders or conditions unless factors, including the processes, strategies or evidentiary standards used in applying the non-quantitative treatment limitation, as written and in operation, are comparable to and are applied no more restrictively than the factors used in applying the limitation to medical or surgical benefits in the classification.
History:
Laws 2023, ch. 114, § 3.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 114 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 114, § 46 provided that the provisions of Laws 2023, ch. 114 are applicable to group health insurance policies, health care plans or certificates of health insurance, other than small group health plans, that are delivered, issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-33 - Provider network adequacy.

A. An insurer shall maintain an adequate provider network to provide mental health and substance use disorder services.
B. The superintendent of insurance shall ensure access to mental health and substance use disorder services providers, including parity with medical and surgical services provider access, through regulation and review of claims processing, provider reimbursement procedures, network adequacy and provider reimbursement rate adequacy.
C. An insurer shall ensure that the process by which reimbursement rates for mental health and substance use disorder services are determined is comparable to and no more stringent than the process for reimbursement of medical or surgical benefits. In developing provider reimbursement rates, an insurer shall demonstrate that it has performed a comparability analysis of provider:
(1) reimbursement rates in surrounding states;
(2) reimbursement rates between mental health and substance use disorder providers and medical or surgical providers; and
(3) credentialing processes for mental health and substance use disorder providers and medical or surgical providers.
D. An insurer shall undertake all efforts, including increasing provider reimbursement rates through the processes and strategies described in Subsection C of this section, to ensure state-mandated network adequacy for the provision of mental health or substance use disorder services.
E. When in-network access to mental health or substance use disorder services is not reasonably available, an insurer shall provide access to out-of-network services with the same cost-sharing obligations to the insured as those required for in-network services.
History:
Laws 2023, ch. 114, § 4.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 114 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 114, § 46 provided that the provisions of Laws 2023, ch. 114 are applicable to group health insurance policies, health care plans or certificates of health insurance, other than small group health plans, that are delivered, issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-34 - Utilization review of mental health or substance use disorder services.

A. An insurer shall, at least monthly, review and update the insurer's utilization review process to reflect the most recent evidence and generally recognized standards of care.
B. When performing a utilization review of mental health or substance use disorder services, including level of care placement, continued stay, transfer and discharge, an insurer shall apply criteria in accordance with generally recognized standards of care.
C. An insurer shall provide utilization review training to staff and contractors undertaking activities related to utilization review.
D. An insurer shall:
(1) develop utilization review policies regarding quantitative and non-quantitative limitations for mental health and substance use disorder services coverage that are no more restrictive than the utilization review policies regarding quantitative and non-quantitative limitations for medical and surgical care; and
(2) make utilization review policies available to providers or plan members.
History:
Laws 2023, ch. 114, § 5.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 114 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 114, § 46 provided that the provisions of Laws 2023, ch. 114 are applicable to group health insurance policies, health care plans or certificates of health insurance, other than small group health plans, that are delivered, issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-35 - Prohibited exclusions of coverage for mental health or substance use disorder services.

An insurer shall not exclude provider prescribed coverage for mental health or substance use disorder services otherwise included in its coverage when:
A. it is available pursuant to federal or state law for individuals with disabilities;
B. it is otherwise ordered by a court or administrative agency;
C. it is available to an insured through a public benefit program; or
D. an insured has a concurrent diagnosis.
History:
Laws 2023, ch. 114, § 6.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 114 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 114, § 46 provided that the provisions of Laws 2023, ch. 114 are applicable to group health insurance policies, health care plans or certificates of health insurance, other than small group health plans, that are delivered, issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-36 - Level of care determinations for the provision of mental health or substance use disorder services.

A. An insurer shall provide coverage for all in-network mental health or substance use disorder services, consistent with generally recognized standards of care, including placing an insured into a medically necessary level of care.
B. Changes in level and duration of care shall be determined by the insured's provider in consultation with the insurer.
C. Level of care determinations shall include placement of an insured into a facility that provides detoxification services, a hospital, an inpatient rehabilitation treatment facility or an outpatient treatment program.
D. Level of care services for an insured with a mental health or substance use disorder shall be based on the mental health or substance use disorder needs of the insured rather than arbitrary time limits.
History:
Laws 2023, ch. 114, § 7.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 114 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 114, § 46 provided that the provisions of Laws 2023, ch. 114 are applicable to group health insurance policies, health care plans or certificates of health insurance, other than small group health plans, that are delivered, issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-37 - Coordination of care.

An insurer may facilitate communication between mental health or substance use disorder services providers and the insured's designated primary care provider to ensure coordination of care to prevent any conflicts of care that could be harmful to the insured.
History:
Laws 2023, ch. 114, § 8.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 114 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 114, § 46 provided that the provisions of Laws 2023, ch. 114 are applicable to group health insurance policies, health care plans or certificates of health insurance, other than small group health plans, that are delivered, issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-38 - Confidentiality provisions.

An insurer shall protect the confidentiality of an insured receiving mental health or substance use disorder services.
History:
Laws 2023, ch. 114, § 9.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 114 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 114, § 46 provided that the provisions of Laws 2023, ch. 114 are applicable to group health insurance policies, health care plans or certificates of health insurance, other than small group health plans, that are delivered, issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-39 - Exceptions.

The provisions of Sections 1 through 9 [13-7-30 to 13-7-38 NMSA 1978] of this 2023 act do not apply to short-term plans subject to the Short-Term Health Plan and Excepted Benefit Act [Chapter 59A, Article 23G NMSA 1978].
History:
Laws 2023, ch. 114, § 10.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 114 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 114, § 46 provided that the provisions of Laws 2023, ch. 114 are applicable to group health insurance policies, health care plans or certificates of health insurance, other than small group health plans, that are delivered, issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-41 - Dental coverage; prior authorization.

A. For purposes of this section, "prior authorization" means a written communication indicating whether a specific service is covered or multiple services are covered and reimbursable at a specific amount, subject to applicable coinsurance and deductibles, and issued in response to a request submitted by a provider using a format prescribed by a dental plan.
B. Group coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers a dental plan shall provide a prior authorization upon the submission of a properly formatted request from the insured.
C. Group coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers a dental plan shall not deny any claim subsequently submitted for services included in a prior authorization unless one of the following circumstances applies for each service denied:
(1) benefit limitations, including annual maximums or frequency limitations, not applicable at the time of the prior authorization, are reached due to the insured's utilization subsequent to issuance of the prior authorization;
(2) the documentation submitted for the claim clearly fails to support the claim as originally authorized;
(3) subsequent to the issuance of a prior authorization, new services are provided to the insured or a change in the insured's condition occurs that would cause prior-authorized services to no longer be medically necessary, based on prevailing standards of care;
(4) subsequent to the issuance of a prior authorization, new services are provided to the insured or a change in the insured's condition occurs such that the prior-authorized procedure would at that time require disapproval pursuant to the terms and conditions for coverage under the insured's plan in effect at the time the request for prior authorizations was made; or
(5) denial of the claim was due to one of the following reasons:
(a) another entity is responsible for payment;
(b) the provider has already been paid for the services identified on the claim;
(c) the claim submitted was fraudulent;
(d) the prior authorization was based on erroneous information provided to the dental plan by the provider, the insured or other person; or
(e) the insured was not eligible for the service on the date it was provided and the provider did not know, or with the exercise of reasonable care, could not have known the insured's eligibility status.
History:
Laws 2023, ch. 169, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 169 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 169, § 12 provided that the provisions of Laws 2023, ch. 169 apply to dental plans issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-42 - Dental coverage; designation of payment.

A. Group coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers a dental plan shall provide for the direct payment of covered benefits to a provider, specified by the insured, regardless of the provider's network or contractual status with the dental plan.
B. A dental plan shall provide for the direct payment of covered benefits to a provider, specified by the insured, by including on its claim forms an:
(1) option for the designation of payment from the insured to the provider; and
(2) an attestation to be completed by the insured.
History:
Laws 2023, ch. 169, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 169 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 169, § 12 provided that the provisions of Laws 2023, ch. 169 apply to dental plans issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-43 - Dental coverage; erroneously paid claims; restrictions on recovery.

A. Group coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers a dental plan shall establish policies and procedures for payment recovery, including providing:
(1) notice to the provider that identifies the error made in the processing or payment of the claim;
(2) an explanation of the recovery being sought; and
(3) an opportunity for the provider to appeal the recovery being sought as set forth in Subsection C of this section.
B. Group coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers a dental plan shall not initiate payment recovery procedures more than twenty-four months after the original payment for a claim was made unless the claim was fraudulent or intentionally misrepresented.
C. Group coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers a dental plan shall not attempt to recover an erroneously paid claim by withholding or reducing payment for a different claim unless the plan:
(1) notifies the provider, in writing, within twelve months of the erroneously paid claim; and
(2) advises the provider that an automatic deduction shall occur within forty-five days of receiving notification unless the provider submits a written appeal to the plan pursuant to the grievance rules prescribed by the superintendent of insurance.
D. The provisions of this section shall not apply to duplicate payments.
History:
Laws 2023, ch. 169, § 3.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 169 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 169, § 12 provided that the provisions of Laws 2023, ch. 169 apply to dental plans issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-44 - Dental coverage; methods of payment.

A. For purposes of this section, "credit card payment" means a type of electronic funds transfer whereby:
(1) an insurer issues a single-use series of numbers associated with the payment of services rendered by the provider and chargeable to a predetermined amount; and
(2) the provider is responsible for processing the payment by using a credit card terminal or internet portal.
B. Group coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act that offers a dental plan shall not place restrictions on a provider regarding acceptable methods of payment, including designating credit card payments as the only acceptable form of payment.
C. When transmitting a payment to a provider using an electronic funds transfer, other than one made through the automated clearinghouse network, an insurer:
(1) shall not charge a fee to the provider solely to transmit a payment without the provider's consent;
(2) shall notify the provider of any other fees associated with transmitting a payment; and
(3) shall provide a provider with a fee-free method of transmitting a payment and provide instructions for utilizing the method.
History:
Laws 2023, ch. 169, § 4.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 169 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
Applicability.
— Laws 2023, ch. 169, § 12 provided that the provisions of Laws 2023, ch. 169 apply to dental plans issued for delivery or renewed in this state on or after January 1, 2024.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 7 - Health Care Purchasing › Section 13-7-47 - Calculating an enrollee's cost-sharing obligation for prescription drug coverage.

A. When calculating an enrollee's cost-sharing obligation for covered prescription drugs, pursuant to group health coverage, including any form of self-insurance, offered, issued or renewed under the Health Care Purchasing Act, the insurer shall credit the enrollee for the full value of any discounts provided or payments made by third parties at the time of the prescription drug claim.
B. Beginning on or after January 1, 2024, an insurer shall not charge a different cost-sharing amount for:
(1) prescription drugs or pharmacy services obtained at a non-affiliated pharmacy; or
(2) administration of prescription drugs at different infusion sites; provided that an insurer may communicate with an insured regarding lower-cost sites of service.
C. Beginning on or after January 1, 2024, an insurer shall not require an insured to make a payment at the point of sale for a covered prescription drug in an amount greater than the least of the:
(1) applicable cost-sharing amount for the prescription drug;
(2) amount an insured would pay for the prescription drug if the insured purchased the prescription drug without using a health benefits plan or any other source of prescription drug benefits or discounts;
(3) total amount the pharmacy will be reimbursed for the prescription drug from the insurer, including the cost-sharing amount paid by an insurer; or
(4) value of the rebate from the manufacturer provided to the insurer or its pharmacy benefits manager for the prescribed drug.
D. Beginning on or after January 1, 2024, if a prescription drug rebate is more than the amount needed to reduce the insured's copayment to zero on a particular drug, the remainder shall be credited to the insurer.
E. Beginning on or after January 1, 2024, any rebate amount shall be counted toward the insured's out-of-pocket prescription drug costs.
F. For purposes of this section, "cost sharing" means any:
(1) copayment;
(2) coinsurance;
(3) deductible;
(4) out-of-pocket maximum amount;
(5) other financial obligation, other than a premium or share of a premium; or
(6) combination thereof.
G. The provisions of this section do not apply to excepted benefit plans as provided pursuant to the Short-Term Health Plan and Excepted Benefit Act [Chapter 59A, Article 23G NMSA 1978], catastrophic plans, tax-favored plans or high-deductible health plans with health savings accounts until an eligible insured's deductible has been met, unless otherwise allowed pursuant to federal law.
History:
Laws 2023, ch. 206, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 206 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 13 - Public Purchases and Property › Article 8 - Public Building Plaques › Section 13-8-1 - Public buildings; acknowledgment of taxpayers when elected officials acknowledged.

On every new public building plaque that lists, acknowledges or thanks the elected officials who were in office at the time the building was funded, constructed or renovated, there shall be included a statement of equal size and visibility that thanks the taxpayers of New Mexico for their contribution in funding the construction or renovation.
History:
Laws 2001, ch. 85, § 1.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 85 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 1 - Preservation, Restoration and Destruction of Records › Section 14-1-1 - [Filing certified copy of document when original is in danger of damage or destruction.]

Whenever any map, plat or other document on file with or in the official custody of any county clerk in this state shall be in danger of damage or destruction by reason of age, mutilation or any other cause, it shall be lawful for the board of county commissioners of such county to authorize the county clerk to have a true and correct copy thereof made and filed in the office of said county clerk, after having been certified by such county clerk to be a true, correct and compared copy of the original.
History:
Laws 1939, ch. 130, § 1; 1941 Comp., § 13-401; 1953 Comp., § 71-4-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For state records administrator advising and assisting in programs for disposition of records,
see
14-3-18 NMSA 1978.
For durability of records,
see
14-8-7, 14-8-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 66 Am. Jur. 2d Records and Recording Laws §§ 81, 128.
76 C.J.S. Records § 2 et seq.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 1 - Preservation, Restoration and Destruction of Records › Section 14-1-2 - [Effect of filing certified copy.]

The filing of such certified copy of map, plat or other document in the office of the county clerk shall relate back to the date of the filing of the original and such certified copy shall have the same validity and effect as the original.
History:
Laws 1939, ch. 130, § 2; 1941 Comp., § 13-402; 1953 Comp., § 71-4-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 1 - Preservation, Restoration and Destruction of Records › Section 14-1-3 - [Method of copying.]

That copies of such maps, plats or other documents may be made in any manner which the county clerk shall determine to be best to correctly and completely exemplify the original, including the making of copies by photographic, photostatic or any other mechanical process.
History:
Laws 1939, ch. 130, § 3; 1941 Comp., § 13-403; 1953 Comp., § 71-4-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 1 - Preservation, Restoration and Destruction of Records › Section 14-1-4 - ["Public officer" defined for purpose of microfilming records.]

The term public officer means any officer of the legislative, executive and judicial departments of the state whether elected or appointed, including officers of the boards, commissions, bureaus and all other agencies of this state and the departments thereof, and including officers of the state legislature and the officers and clerks of the courts of this state and, in like manner, the county and municipal officers of the counties, cities, towns and villages of this state.
History:
1941 Comp., § 13-406, enacted by Laws 1947, ch. 185, § 1; 1953 Comp., § 71-4-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Newspapers maintained by county clerks may be microfilmed,
so long as the microfilm is accessible to the public. 1979 Op. Att'y Gen. No. 79-16.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 1 - Preservation, Restoration and Destruction of Records › Section 14-1-5 - Authorization.

Any public officer of the state may cause any or all records, papers or documents kept by the officer to be photographed, microfilmed, microphotographed, maintained as an electronic record or reproduced on film. The electronic record, photographic film and the device used to reproduce the records on film shall be one that accurately reproduces the original in all details.
History:
1941 Comp., § 13-407, enacted by Laws 1947, ch. 185, § 2; 1953 Comp., § 71-4-7; 1978 Comp., § 14-1-5; 2023, ch. 62, § 1.
ANNOTATIONS
Cross references.
— For provision that recording "book" includes microfilm,
see
14-8-3 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, authorized public officers of the state to store state records, papers or documents electronically; added the section heading "Authorization"; and after "microphotographed", added "maintained as an electronic record".
When public record may be destroyed.
— A public record may not be destroyed until its reproduction in film has been approved, copies of such reproduction have been made and filed and unless the original has been a public record for at least five years or has been audited by the state comptroller's (now state auditor's) office. 1947 Op. Att'y Gen. No. 47-5092.
Section controlled by 14-3-15 NMSA 1978.
— Although this section permits county officials to microfilm the records maintained by them, 14-3-15 NMSA 1978 is the more specific statute and is controlling. 1979 Op. Att'y Gen. No. 79-26.
Newspapers maintained by county clerks may be microfilmed,
so long as the microfilm is accessible to the public. 1979 Op. Att'y Gen. No. 79-16.
Authority of penitentiary warden to microfilm records, etc.
— Since the penitentiary warden is an appointed public officer, he can microfilm all records, papers and documents and destroy the original records after obtaining approval, after he has made two reproductions of all original records, papers or documents, keeping one copy where the original record was kept and the other copy being sent to the secretary of state for his archives. No original records, papers or documents are to be destroyed, after copies have been made, until such records, papers or documents have been a public record for five years, or until the records have been audited by the office of the state comptroller (now state auditor). 1955 Op. Att'y Gen. No. 55-6113.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 1 - Preservation, Restoration and Destruction of Records › Section 14-1-6 - Presumption of authenticity.

Such photographs, microfilms, electronic records, photographic film or microphotographs shall be deemed to be an original record for all purposes, including introduction in evidence in all courts or administrative agencies. A transcript, exemplification or certified copy of the transcript shall, for all purposes recited in this section, be deemed to be a transcript, exemplification or certified copy of the original.
History:
1941 Comp., § 13-408, enacted by Laws 1947, ch. 185, § 3; 1953 Comp., § 71-4-8; 1978 Comp., § 14-1-6; 2023, ch. 62, § 2.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, added "electronic records" to an existing list of state records, papers and documents that are deemed to be original records for all purposes; added the section heading "Presumption of authenticity"; and after "microfilms", added "electronic records".
Copy did not violate best evidence rule.
— A copy of the statement defendant gave to the police which was introduced into evidence did not violate the best evidence rule.
State v. Darden
, 1974-NMCA-032, 86 N.M. 198, 521 P.2d 1039.
Newspapers maintained by county clerks may be microfilmed,
so long as the microfilm is accessible to the public. 1979 Op. Att'y Gen. No. 79-16.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 1 - Preservation, Restoration and Destruction of Records › Section 14-1-7 - Destruction of obsolete county records.

The following county records shall be deemed obsolete and may be destroyed:
A. purchase vouchers which are six years old;
B. chattel mortgages six years after the expiration of their term;
C. security agreements filed under the Uniform Commercial Code [Chapter 55 NMSA 1978] six years after the expiration of their term;
D. copies of state highway project contracts filed by the chief highway engineer three years after the date of filing;
E. duplicate information reports filed in the offices of county officials, including but not limited to duplicate reports of the county treasurer, sheriff, county agricultural agents and county health officers, which are two years old;
F. chattel mortgage releases six years after the date of filing; and
G. termination statements filed under the Uniform Commercial Code six years after the date of filing.
History:
1953 Comp., § 71-4-10, enacted by Laws 1957, ch. 192, § 1; 1965, ch. 123, § 1; 1967, ch. 82, § 1.
ANNOTATIONS
County employee payment vouchers and county clerk receipt books.
— County employee payment vouchers for the period 1920 through 1950 presumably can be considered obsolete and can be destroyed after following the procedure set forth in 14-1-8 NMSA 1978. The same would apply to county clerk receipt books which are more than four years old. 1961 Op. Att'y Gen. No. 61-127.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 66 Am. Jur. 2d Records and Recording Laws § 10.
76 C.J.S. Records § 30 et seq.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 1 - Preservation, Restoration and Destruction of Records › Section 14-1-8 - [Obsolete county records; notice of proposed destruction; preservation desired by state records administrator; delivery of documents.]

An official charged with the custody of any records and who intends to destroy those records, shall give notice by registered or certified mail to the state records administrator, state records center, Santa Fe, New Mexico, of the date of the proposed destruction and the type and date of the records he intends to destroy. The notice shall be sent at least sixty days before the date of the proposed destruction. If the state records administrator wishes to preserve any of the records, the official shall allow the state records administrator to have the documents by calling for them at the place of storage.
History:
1953 Comp., § 71-4-11, enacted by Laws 1957, ch. 192, § 2; 1961, ch. 81, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Determination records obsolete to be made.
— Prior to destroying any records under the authority of this section, a factual determination that the particular records are obsolete must be made. 1961 Op. Att'y Gen. No. 61-127.
Destruction of original records without action by records administrator.
— If microfilmed and certified pursuant to 14-3-15 NMSA 1978, originals of records, including newspapers kept by county clerks, may be destroyed without any action on the part of the records administrator. 1979 Op. Att'y Gen. No. 79-16.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 2 - Inspection of Public Records › Section 14-2-1.1 - Personal identifier information.

Protected personal identifier information contained in public records may be redacted by a public body before inspection or copying of a record. The presence of protected personal identifier information on a record does not exempt the record from inspection. Unredacted records that contain protected personal identifier information shall not be made available on publicly accessible websites operated by or managed on behalf of a public body.
History:
1978 Comp., § 14-2-1.1, enacted by Laws 2019, ch. 27, § 2.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 27 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 2 - Inspection of Public Records › Section 14-2-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 258, § 10 repealed 14-2-2 NMSA 1978, as enacted by Laws 1947, ch. 130, § 2, requiring officers having custody of certain records to provide opportunity and facilities for inspection, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 2 - Inspection of Public Records › Section 14-2-2.1 - Copies of public records furnished.

When a copy of any public record is required by the veterans' administration to be used in determining the eligibility of any person to participate in benefits made available by the veterans' administration, the official custodian of such public record shall, without charge, provide the applicant for such benefits, or any person acting on his behalf, or the authorized representative of the veterans' administration, with a certified copy of such record.
History:
Laws 1979, ch. 23, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 37A Am. Jur. 2d Freedom of Information Acts § 1 et seq. 66 Am. Jur. 2d Records and Recording Laws §§ 10, 12 to 15, 19.
Enforceability by mandamus of right to inspect public records, 60 A.L.R. 1356, 169 A.L.R. 653.
76 C.J.S. Records § 48 et seq.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 2 - Inspection of Public Records › Section 14-2-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 258, § 10 repealed 14-2-3 NMSA 1978, as enacted by Laws 1947, ch. 130, § 3, providing a remedy for citizens who have been refused the right to inspect any public record, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
14-2-11 NMSA 1978.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 2 - Inspection of Public Records › Section 14-2-5 - Purpose of act; declaration of public policy.

Recognizing that a representative government is dependent upon an informed electorate, the intent of the legislature in enacting the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] is to ensure, and it is declared to be the public policy of this state, that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees. It is the further intent of the legislature, and it is declared to be the public policy of this state, that to provide persons with such information is an essential function of a representative government and an integral part of the routine duties of public officers and employees.
History:
Laws 1993, ch. 258, § 2.
ANNOTATIONS
Purpose and intent.
— The legislature has clearly and unequivocally indicated that public records are to be made public with the exception of certain confidential information and except as otherwise provided by law. 1958 Op. Att'y Gen. No. 58-197.
A state agency is a "person", for purposes of IPRA, and may request public records from other state agencies.
— Where the state ethics commission (commission) sent a public records request, pursuant to the Inspection of Public Records Act (IPRA), NMSA 1978, §§ 14-2-1 to -12, to the New Mexico human services department [health care authority department] (department), asking the department to provide copies of certain emails from several named employees, and where the department denied the request claiming that the commission, itself a "public body" for the purposes of IPRA, is not a "person" entitled to make public records requests, the department erred in denying the commission's public records request, because a public body is an "entity," within the definition of "person," § 14-2-6(D), and therefore the plain language of IPRA demonstrates that public bodies can submit public records requests to other public bodies. This reading of the statute is also consistent with IPRA's declared purpose, that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees.
Public Records Requests Made by the State Ethics Comm'n
(10/27/21), Att'y Gen. Adv. Ltr. 2021-12.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 2 - Inspection of Public Records › Section 14-2-8 - Procedure for requesting records.

A. Any person wishing to inspect public records may submit an oral or written request to the custodian. However, the procedures set forth in this section shall be in response to a written request. The failure to respond to an oral request shall not subject the custodian to any penalty.
B. Nothing in the Inspection of Public Records Act shall be construed to require a public body to create a public record.
C. A written request shall provide the name, address and telephone number of the person seeking access to the records and shall identify the records sought with reasonable particularity. No person requesting records shall be required to state the reason for inspecting the records.
D. A custodian receiving a written request shall permit the inspection immediately or as soon as is practicable under the circumstances, but not later than fifteen days after receiving a written request. If the inspection is not permitted within three business days, the custodian shall explain in writing when the records will be available for inspection or when the public body will respond to the request. The three-day period shall not begin until the written request is delivered to the office of the custodian.
E. In the event that a written request is not made to the custodian having possession of or responsibility for the public records requested, the person receiving the request shall promptly forward the request to the custodian of the requested public records, if known, and notify the requester. The notification to the requester shall state the reason for the absence of the records from that person's custody or control, the records' location and the name and address of the custodian.
F. For the purposes of this section, "written request" includes an electronic communication, including email or facsimile; provided that the request complies with the requirements of Subsection C of this section.
History:
Laws 1993, ch. 258, § 5; 2009, ch. 75, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, added Subsection F.
Documenting an oral request for public records does not convert an oral request into a written request for purposes of the Inspection of Public Records Act.
— Where news reporter orally requested police lapel videos from the Albuquerque Police Department (APD), and where APD public information officer e-mailed the APD records custodian with the request for public records, the e-mail documenting the records request did not convert the oral request for public records into a written request for public records subjecting the records custodian to penalties pursuant to this section.
Holland v. City of Albuquerque
, 2015-NMCA-014.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 37A Am. Jur. 2d Freedom of Information Acts § 414 et seq.
What are "records" of agency which must be made available under Freedom of Information Act (5 USCA § 552(a)(3)), 153 A.L.R. Fed. 571.