reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5 - Immunization › Section 24-5-4 - Superintendent; duty to report.

It is the duty of each school superintendent, whether of a public, private or parochial school, to cause to be prepared a record showing the required immunization status of every child enrolled in or attending a school under his jurisdiction. These records must be kept current and available to the public health authorities. The name of any parent or guardian who neglects or refuses to permit his child to be immunized against diseases as required by rules and regulations promulgated hereunder shall be reported by the school superintendent to the director of the health services division [public health division] of the health and environment department [department of health].
History:
1953 Comp., § 12-3-4.4, enacted by Laws 1959, ch. 329, § 4; 1975, ch. 25, § 2; 1977, ch. 253, § 22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department and enacted a new 9-7-4 NMSA 1978 which created the department of health. Section 9-7-5 NMSA 1978, as amended by Laws 1991, ch. 25, § 17, made the secretary of health the administrative head of the department.
Subsection B of 9-7-4 NMSA 1978 provided that all references to the "health services division" shall be construed to be references to the "public health division".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5 - Immunization › Section 24-5-5 - Who may immunize; who must pay.

The immunization required by Chapter 24, Article 5 NMSA 1978 may be done by any health care provider who holds a license or certificate pursuant to state law that authorizes him to immunize. If the parents are unable to pay, the immunization shall be provided by the public health division of the department of health. The department shall undertake every effort to obtain federal funding to implement the department's immunization program. No public health employee may receive any fee for immunization service if the service is compensated for by the public health division. Local school boards may contribute toward the cost of materials and supplies for immunizations.
History:
1953 Comp., § 12-3-4.5, enacted by Laws 1959, ch. 329, § 5; 1977, ch. 253, § 23; 1998, ch. 26, § 2.
ANNOTATIONS
The 1998 amendment,
effective May 20, 1998, inserted "by Chapter 24, Article 5 NMSA 1978" in the first sentence; in the second sentence, substituted "public health" for "health services", deleted "health and environment" following "division of the", and inserted "of health" following "department"; added the third sentence; and substituted "public health" for "health services" in the fourth sentence.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5 - Immunization › Section 24-5-6 - Penalty.

Violation of any provisions relating to the immunization of school children is a misdemeanor.
History:
1953 Comp., § 12-3-4.6, enacted by Laws 1959, ch. 329, § 6.
ANNOTATIONS
Cross references.
— For sentencing for misdemeanors,
see
31-19-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5 - Immunization › Section 24-5-7 - Immunization registry; creation.

The department of health, in conjunction with the human services department [health care authority department], shall establish and maintain a state immunization registry. The registry shall be a single repository of accurate, complete and current immunization records to aid, coordinate and promote effective and cost-efficient disease prevention and control efforts.
History:
Laws 2004, ch. 45, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5 - Immunization › Section 24-5-8 - Reporting.

Physicians, nurses, pharmacists and other health care providers shall report on immunization to the immunization registry unless the patient, or the patient's guardian if the patient is a minor, refuses to allow reporting of this information.
History:
Laws 2004, ch. 45, § 3; 2005, ch. 45, §1; 2013, ch. 93, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, required health providers to report immunizations to the immunization registry; and after "providers", deleted "may" and added "shall".
The 2005 amendment,
effective June 17, 2005, permitted pharmacists to report on immunization to the immunization registry unless the patient or minor patient's guardian refuses to allow the reporting of the immunization.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5 - Immunization › Section 24-5-9 - Access.

Access to the information in the immunization registry shall be limited to primary care physicians, nurses, pharmacists, managed care organizations, school nurses and other appropriate health care providers or public health entities as determined by the secretary of health; provided that a managed care organization shall be entitled to access information only for its enrollees.
History:
Laws 2004, ch. 45, § 4; 2005, ch. 45, §2.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, added pharmacists to the list of those persons who have access to information in the immunization registry.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5 - Immunization › Section 24-5-10 - Use.

The information contained in the immunization registry shall be used for the following purposes:
A. to ensure that the registrants receive all recommended immunizations in a timely manner by providing access to the registrant's immunization record;
B. to improve immunization rates by facilitating notice to registrants of overdue or upcoming immunizations; and
C. to control communicable diseases by assisting in the identification of individuals who require immediate immunization in the event of a disease outbreak.
History:
Laws 2004, ch. 45, § 5.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5 - Immunization › Section 24-5-11 - Rules.

The secretary of health shall adopt rules for the immunization registry pursuant to the Immunization Act concerning the following:
A. the implementation and maintenance of the registry;
B. requirements for content and submission of reports of immunization to the registry;
C. procedures for the patient, or the patient's parent or guardian if the patient is a minor, to decline to participate in the registry;
D. procedures for the registrant, or the registrant's parent or guardian if the registrant is a minor, to review and correct information contained in the registry;
E. procedures for the registrant, or the registrant's parent or guardian if the registrant is a minor, to withdraw consent for participation at any time and to remove information from the registry;
F. limits on and methods of access to the registry by those authorized to gain access; and
G. procedures for managed care organizations to obtain summary statistics of immunization information on managed care organization members from the registry.
History:
Laws 2004, ch. 45, § 6.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5 - Immunization › Section 24-5-13 - Rights.

Nothing in the Immunization Act shall preclude the right of the patient, or the patient's parent or guardian if the patient is a minor, to claim exemption from immunization as defined in Section 24-5-3 NMSA 1978; nor shall anything in the Immunization Act require such patient to be included in the immunization registry if the patient, or the patient's parent or guardian if the patient is a minor, objects on any grounds, including that such registry conflicts with the religious belief of the patient, or the patient's parent or guardian if the patient is a minor.
History:
Laws 2004, ch. 45, § 8.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5 - Immunization › Section 24-5-14 - Repealed.

History:
Laws 2004, ch. 45, § 9; repealed by Laws 2017, ch. 87, § 31.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 87, § 31 repealed 24-5-14 NMSA 1978, as enacted by Laws 2004, ch. 45, § 9, relating to participation in immunization registry, effective June 16, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5 - Immunization › Section 24-5-15 - Liability.

Any person reporting, receiving, using or disclosing information to or from the immunization registry as authorized by the Immunization Act or by any rule adopted pursuant to that act shall not be liable for civil damages of any kind connected with such submission, use or disclosure of immunization information.
History:
Laws 2004, ch. 45, § 10.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5A - Vaccine Purchasing › Section 24-5A-1 - Short title.

This act [24-5A-1 to 24-5A-9 NMSA 1978] may be cited as the "Vaccine Purchasing Act".
History:
Laws 2015, ch. 5, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2015, ch. 5, § 10 contained an emergency clause and was approved March 20, 2015.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5A - Vaccine Purchasing › Section 24-5A-2 - Definitions.

As used in the Vaccine Purchasing Act:
A. "advisory committee on immunization practices" means the group of medical and public health experts that develops recommendations on how to use vaccines to control diseases in the United States, established under Section 222 of the federal Public Health Service Act;
B. "department" means the department of health;
C. "fund" means the vaccine purchasing fund;
D. "group health plan" means an employee welfare benefit plan to the extent that the plan provides medical care to employees or their dependents under the Employee Retirement Income Security Act of 1974 directly or through insurance, reimbursement or other means;
E. "health insurance coverage" means benefits consisting of medical care provided directly or through insurance or reimbursement or other means under any hospital or medical service policy or certificate, hospital or medical service plan contract or health maintenance organization contract offered by a health insurance issuer;
F. "health insurer" means any entity subject to regulation by the office of superintendent of insurance that:
(1) provides or is authorized to provide health insurance or health benefit plans;
(2) administers health insurance or health benefit coverage; or
(3) otherwise provides a plan of health insurance or health benefits;
G. "insured child" means a child under the age of nineteen who is eligible to receive health insurance coverage from a health insurer or medical care pursuant to a group health plan;
H. "office of superintendent" means the office of superintendent of insurance;
I. "policy" means any contract of health insurance between a health insurer and the insured and all clauses, riders, endorsements and parts thereof;
J. "provider" means an individual or organization licensed, certified or otherwise authorized or permitted by law to provide vaccinations to insured children; and
K. "vaccines for children program" means the federally funded program that provides vaccines at no cost to eligible children pursuant to Section 1928 of the federal Social Security Act.
History:
Laws 2015, ch. 5, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 2015, ch. 5, § 10 contained an emergency clause and was approved March 20, 2015.
Cross references.
— For the federal Public Health Service Act,
see
42 U.S.C.
For the federal Social Security Act,
see
42 U.S.C. § 301 et seq.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5A - Vaccine Purchasing › Section 24-5A-3 - Statewide vaccine purchasing program.

A. The department shall establish and administer a statewide vaccine purchasing program to:
(1) expand access to childhood immunizations recommended by the advisory committee on immunization practices;
(2) maintain and improve immunization rates;
(3) facilitate the acquisition by providers of vaccines for childhood immunizations recommended by the advisory committee on immunization practices; and
(4) leverage public and private funding and resources for the purchase, storage and distribution of vaccines for childhood immunizations recommended by the advisory committee on immunization practices.
B. The department shall:
(1) purchase vaccines for all children in New Mexico, including children eligible for the vaccines for children program and insured children;
(2) invoice each health insurer and group health plan to reimburse the department for the cost of vaccines provided directly or indirectly by the department to such health insurer's or group health plan's insured children;
(3) maintain a list of registered providers who receive vaccines for insured children that are purchased by the state and provide such list to each health insurer and group health plan with every invoice;
(4) report the failure of a health insurer to reimburse the department within thirty days of the date of the invoice to the office of superintendent;
(5) report the failure of a health insurer or group health plan to reimburse the department within thirty days of the date of the invoice to the office of the attorney general for collection; and
(6) credit all receipts collected from health insurers and group health plans pursuant to the Vaccine Purchasing Act to the fund.
C. No later than July 1, 2015 and July 1 of each year thereafter, the department shall estimate the amount to be expended annually by the department to purchase, store and distribute vaccines recommended by the advisory committee on immunization practices to all insured children in the state, including a reserve of ten percent of the amount estimated.
D. No later than September 1, 2015 and each quarter thereafter, the department shall invoice each health insurer and each group health plan for one-fourth of its proportionate share of the estimated amount and reserve pursuant to Subsection C of this section, calculated pursuant to Subsection B of Section 6 [24-5A-6 NMSA 1978] of the Vaccine Purchasing Act.
E. The department may update its estimated amount to be expended annually and its reserve to take into account increases or decreases in the cost of vaccines or the costs of additional vaccines that the department determines should be included in the statewide vaccine purchasing program and adjust the amount invoiced to each health insurer and group health plan the following quarter.
History:
Laws 2015, ch. 5, § 3.
ANNOTATIONS
Emergency clauses.
— Laws 2015, ch. 5, § 10 contained an emergency clause and was approved March 20, 2015.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5A - Vaccine Purchasing › Section 24-5A-4 - Vaccine purchasing fund.

A. The "vaccine purchasing fund" is created in the state treasury. The fund consists of amounts reimbursed to the state by health insurers and group health plans pursuant to the Vaccine Purchasing Act and of appropriations from, and transfers made to, the fund. Money in the fund shall be expended only for the purposes specified in the Vaccine Purchasing Act, by warrant issued by the secretary of finance and administration pursuant to vouchers approved by the secretary of health.
B. Money from the fund may be appropriated to the department to be expended only as authorized in Section 5 [24-5A-5 NMSA 1978] of the Vaccine Purchasing Act.
C. The fund shall be audited in the same manner as other state funds are audited, and all records of payments made from the fund shall be open to the public.
D. Any balance remaining in the fund shall not revert or be transferred to any other fund at the end of a fiscal year.
E. Money in the fund shall be invested by the state investment officer in accordance with the limitations in Article 12, Section 7 of the constitution of New Mexico. Income from investment of the fund shall be credited to the fund.
History:
Laws 2015, ch. 5, § 4.
ANNOTATIONS
Emergency clauses.
— Laws 2015, ch. 5, § 10 contained an emergency clause and was approved March 20, 2015.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5A - Vaccine Purchasing › Section 24-5A-5 - Authorized uses of the vaccine purchasing fund.

A. The fund shall be used for the purchase, storage and distribution of vaccines, as recommended by the advisory committee on immunization practices, for insured children who are not eligible for the vaccines for children program.
B. The department shall credit any balance remaining in the fund at the end of the fiscal year toward the department's purchase of vaccines the following year; provided that the department maintains a reserve of ten percent of the amount estimated to be expended in the following year.
C. The fund shall not be used:
(1) for the purchase, storage and distribution of vaccines for children who are eligible for the vaccines for children program;
(2) for administrative expenses associated with the statewide vaccine purchasing program; or
(3) to pass through a federally negotiated discount pursuant to 42 U.S.C. 1396s.
History:
Laws 2015, ch. 5, § 5.
ANNOTATIONS
Emergency clauses.
— Laws 2015, ch. 5, § 10 contained an emergency clause and was approved March 20, 2015.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5A - Vaccine Purchasing › Section 24-5A-6 - Reporting.

A. No later than one hundred twenty days following the enactment of the Vaccine Purchasing Act, the office of superintendent shall:
(1) promulgate rules requiring each health insurer and group health plan to report the number of children it insured who were under the age of nineteen as of December 31, 2014 and to annually report the number of children it insures who will be under the age of nineteen as of December 31 of each subsequent year to the office of superintendent, excluding from such reports children who are enrolled in medicaid or in any medical assistance program administered by the department or the human services department [health care authority department] and children who are American Indian or Alaska Natives; and
(2) for each health insurer or group health plan, provide the department with the number of insured children reported by such health insurer or group health plan pursuant to Paragraph (1) of this subsection.
B. Each health insurer and group health plan shall reimburse the department for the cost of vaccines for childhood immunizations purchased by the state for the benefit of such health insurer's or group health plan's insured children according to such health insurer's or group health plan's policy obligations and in accordance with health insurance coverage requirements under state and federal law. The amount reimbursed by each health insurer or group health plan shall be a fraction, the denominator of which is the total number of insured children reported by all health insurers and group health plans pursuant to Subsection A of this section and the numerator of which is the number of insured children reported by such health insurer or group health plan pursuant to Subsection A of this section multiplied by the total amount as determined by the department pursuant to Subsection B of Section 3 [24-5A-3 NMSA 1978] of the Vaccine Purchasing Act.
C. A health insurer's or group health plan's reimbursement to the department pursuant to the Vaccine Purchasing Act shall be deemed payment for clinical services and activities to promote health care quality for the purpose of calculating a health insurer's or group health plan's medical loss ratio.
History:
Laws 2015, ch. 5, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Emergency clauses.
— Laws 2015, ch. 5, § 10 contained an emergency clause and was approved March 20, 2015.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5A - Vaccine Purchasing › Section 24-5A-7 - Appeal; penalties.

A. A health insurer aggrieved pursuant to the Vaccine Purchasing Act may appeal as provided in Section 59A-4-20 NMSA 1978.
B. A health insurer or group health plan that fails to file a report required by the office of superintendent pursuant to Subsection A of Section 6 [24-5A-6 NMSA 1978] of the Vaccine Purchasing Act shall pay a late filing fee of five hundred dollars ($500) per day for each day from the date the report was due.
C. The office of superintendent may require a health insurer or group health plan subject to the Vaccine Purchasing Act to produce records that were used to prepare the report required under Subsection A of Section 6 of the Vaccine Purchasing Act. If the office of superintendent determines that there is other than a good faith discrepancy between the number of insured children reported and the number of insured children that should have been reported, the health insurer or group health plan shall pay a civil penalty of five hundred dollars ($500) for each report filed for which the office of superintendent determines there is such a discrepancy.
D. Failure of a health insurer or group health plan to make timely payment of an amount invoiced pursuant to Subsection D of Section 3 [24-5A-3 NMSA 1978] of the Vaccine Purchasing Act shall subject the health insurer or group health plan to a civil penalty of five hundred dollars ($500) for each day from the date the payment is due.
History:
Laws 2015, ch. 5, § 7.
ANNOTATIONS
Emergency clauses.
— Laws 2015, ch. 5, § 10 contained an emergency clause and was approved March 20, 2015.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5A - Vaccine Purchasing › Section 24-5A-8 - Powers and authority.

The department and the office of superintendent shall promulgate and enforce such rules as may be necessary to carry out the provisions of the Vaccine Purchasing Act.
History:
Laws 2015, ch. 5, § 8.
ANNOTATIONS
Emergency clauses.
— Laws 2015, ch. 5, § 10 contained an emergency clause and was approved March 20, 2015.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 5A - Vaccine Purchasing › Section 24-5A-9 - Applicability.

The provisions of the Vaccine Purchasing Act:
A. do not apply to an entity that only issues policies, certificates or subscriber contracts within New Mexico that are limited to a specific disease; hospital confinement; indemnity; accident-only; credit; dental; vision; medicare supplement; long-term care; disability income insurance; student health benefits-only coverage issued as a supplement to liability insurance; workers' compensation or similar insurance; automobile medical payment insurance; nonrenewable short-term coverage issued for a period of twelve months or less; medicaid; or any medical assistance program administered by the department or the human services department [health care authority department]; and
B. apply to policies, plans, contracts and certificates delivered or issued for delivery or renewed, extended or amended in this state on or after January 1, 2015.
History:
Laws 2015, ch. 5, § 9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Emergency clauses.
— Laws 2015, ch. 5, § 10 contained an emergency clause and was approved March 20, 2015.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6 - Anatomical Gifts (Repealed.) › Section 24-6-1 to 24-6-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1995, ch. 116, § 16 repealed 24-6-1 through 24-6-11 NMSA 1978, as enacted by Laws 1969, ch. 105, §§ 1 to 9, and Laws 1987 ch. 74, §§ 3 and 4, respectively, relating to anatomical gifts, effective July 1, 1995. For provisions of the former sections,
see
the 1994 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
Chapter 24, Article 6A NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-1 - Repealed.

History:
Laws 1995, ch. 116, § 1; 2000, ch. 54, § 1; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-1 NMSA 1978, as enacted by Laws 1995, ch. 116, § 1, relating to definitions of the Uniform Anatomical Gift Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-2 - Repealed.

History:
Laws 1995, ch. 116, § 2; 2000, ch. 54, § 2; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-2 NMSA 1978 of the Uniform Anatomical Gift Act, as enacted by Laws 1995, ch. 116, § 2, relating to making, amending, revoking and refusing to make anatomical gifts by individuals, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-3 - Repealed.

History:
Laws 1995, ch. 116, § 3; 2000, ch. 54, § 3; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-3 NMSA 1978, as enacted by Laws 1995, ch. 116, § 3, relating to making, revoking and objecting to anatomical gifts by others, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-4 - Repealed.

History:
Laws 1995, ch. 116, § 4; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-4 NMSA 1978, as enacted by Laws 1995, ch. 116, § 4, relating to authorization by office of medical investigator, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-5 - Repealed.

History:
Laws 1995, ch. 116, § 5; 2000, ch. 54, § 4; 2002, ch. 42, § 1; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-5 NMSA 1978, as enacted by Laws 1995, ch. 116, § 5, relating to required request, search and notification and civil or criminal immunity, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-6 - Repealed.

History:
Laws 1995, ch. 116, § 6; 2002, ch. 42, § 2; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-6 NMSA 1978, as enacted by Laws 1995, ch. 116, § 6, relating to persons who may become donees and purposes for which anatomical gifts may be made, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-6.1 - Repealed.

History:
Laws 2000, ch. 54, § 8; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-6.1 NMSA 1978, as enacted by Laws 2000, ch. 54, § 8, relating to identification of potential donees, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-7 - Repealed.

History:
Laws 1995, ch. 116, § 7; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-7 NMSA 1978, as enacted by Laws 1995, ch. 116, § 7, relating to delivery of document of gift, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-7.1 - Recompiled.

History:
Laws 2002, ch. 42, § 3; recompiled as § 24-6B-7.1 by Laws 2007, ch. 323, § 28.
ANNOTATIONS
Recompilation.
— Laws 2007, ch. 323, § 28, recompiled former 24-6A-7.1 NMSA 1978 as 24-6B-7.1 NMSA 1978, effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-8 - Repealed.

History:
Laws 1995, ch. 116, § 8; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-8 NMSA 1978, as enacted by Laws 1995, ch. 116, § 8, relating to rights and duties at death, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-9 - Repealed.

History:
Laws 1995, ch. 116, § 9; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-9 NMSA 1978, as enacted by Laws 1995, ch. 116, § 9, relating to coordination of procurement and use, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-9.1 - Recompiled.

History:
Laws 2000, ch. 54, § 7; recompiled as § 24-6B-9.1 by Laws 2007, ch. 323, § 29.
ANNOTATIONS
Recompilation.
— Laws 2007, ch. 323, § 29, recompiled former 24-6A-9.1 NMSA 1978 as 24-6B-9.1 NMSA 1978, effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-9.2 - Recompiled.

History:
Laws 2000, ch. 54, § 6; recompiled as § 24-6B-9.2 by Laws 2007, ch. 323, § 30.
ANNOTATIONS
Recompilation.
— Laws 2007, ch. 323, § 30, recompiled former 24-6A-9.2 NMSA 1978 as 24-6B-9.2 NMSA 1978, effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-10 - Repealed.

History:
Laws 1995, ch. 116, § 10; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-10 NMSA 1978, as enacted by Laws 1995, ch. 116, § 10, relating to sale or purchase of parts prohibited and criminal penalties, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-11 - Repealed.

History:
Laws 1995, ch. 116, § 11; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-11 NMSA 1978, as enacted by Laws 1995, ch. 116, § 11, relating to examination, autopsy and liability, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-12 - Repealed.

History:
Laws 1995, ch. 116, § 12; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-12 NMSA 1978, as enacted by Laws 1995, ch. 116, § 12, relating to transitional provisions, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-13 - Repealed.

History:
Laws 1995, ch. 116, § 13; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-13 NMSA 1978, as enacted by Laws 1995, ch. 116, § 13, relating to uniformity of application and construction, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-14 - Repealed.

History:
Laws 1995, ch. 116, § 14; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-14 NMSA 1978, as enacted by Laws 1995, ch. 116, § 14, relating to severability, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6A - Uniform Anatomical Gift Act (Repealed, Recompiled.) › Section 24-6A-15 - Repealed.

History:
Laws 1995, ch. 116, § 15; 2000, ch. 54, § 5; repealed by Laws 2007, ch. 323, § 35.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 323, § 35 repealed 24-6A-15 NMSA 1978, as enacted by Laws 1995, ch. 116, § 15, the short title of the act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-1 - Short title.

Chapter 24, Article 6B NMSA 1978 may be cited as the "Jonathan Spradling Revised Uniform Anatomical Gift Act".
History:
Laws 2007, ch. 323, § 1; 2023, ch. 171, § 1.
ANNOTATIONS
The 2023 amendment,
effective April 5, 2023, deleted "Section 1 through 25 of this act" and added "Chapter 24, Article 6B NMSA 1978".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-3 - Applicability.

The Jonathan Spradling Revised Uniform Anatomical Gift Act applies to an anatomical gift or amendment to, revocation of or refusal to make an anatomical gift, whenever made.
History:
Laws 2007, ch. 323, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-4 - Who may make anatomical gift before donor's death.

Subject to the provisions of Section 8 [24-6B-8 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in Section 5 [24-6B-5 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act by:
A. the donor, if the donor is an adult or if the donor is a minor and is:
(1) emancipated; or
(2) authorized pursuant to state law to apply for an instruction permit because the donor is at least fifteen years of age;
B. an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
C. a parent of the donor, if the donor is an unemancipated minor; or
D. the donor's guardian.
History:
Laws 2007, ch. 323, § 4.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-5 - Manner of making anatomical gift before donor's death.

A. A donor may make an anatomical gift:
(1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
(2) in a will;
(3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or
(4) as provided in Subsection B of this section.
B. A donor or other person authorized to make an anatomical gift pursuant to Section 4 [24-6B-4 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall:
(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in Paragraph (1) of this subsection.
C. Revocation, suspension, expiration or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
D. An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the anatomical gift.
History:
Laws 2007, ch. 323, § 5.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-6 - Amending or revoking anatomical gift before donor's death.

A. Subject to the provisions of Section 8 [24-6B-8 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act, a donor or other person authorized to make an anatomical gift pursuant to Section 4 [24-6B-4 NMSA 1978] of that act may amend or revoke an anatomical gift by:
(1) a record signed by:
(a) the donor;
(b) the other person; or
(c) subject to the provisions of Subsection B of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
B. A record signed pursuant to Subparagraph (c) of Paragraph (1) of Subsection A of this section shall:
(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in Paragraph (1) of this subsection.
C. Subject to the provisions of Section 8 [24-6B-8 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act, a donor or other person authorized to make an anatomical gift pursuant to Section 4 of that act may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
D. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
E. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in Subsection A of this section.
History:
Laws 2007, ch. 323, § 6.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-7 - Refusal to make anatomical gift; effect of refusal.

A. An individual may refuse to make an anatomical gift of the individual's body or part by:
(1) a record signed by:
(a) the individual; or
(b) subject to the provisions of Subsection B of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;
(2) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(3) any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
B. A record signed pursuant to Subparagraph (b) of Paragraph (1) of Subsection A of this section shall:
(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(2) state that it has been signed and witnessed as provided in Paragraph (1) of this subsection.
C. An individual who has made a refusal may amend or revoke the refusal:
(1) in the manner provided in Subsection A of this section for making a refusal;
(2) by subsequently making an anatomical gift pursuant to Section 5 [24-6B-5 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act that is inconsistent with the refusal; or
(3) by destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
D. Except as otherwise provided in Subsection H of Section 8 [24-6B-8 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
History:
Laws 2007, ch. 323, § 7.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-7.1 - Document of gift as a legal document.

A document of gift constitutes a legal document and has sufficient legal authority to be accepted by a designated or undesignated donee of anatomical gifts pursuant to the Jonathan Spradling Revised Uniform Anatomical Gift Act.
History:
Laws 2002, ch. 42, § 3; recompiled and amended by Laws 2007, ch. 323, § 28.
ANNOTATIONS
Recompilation.
— Laws 2007, ch. 323, § 28 recompiled and amended former 24-6A-7.1 NMSA 1978 as 24-6B-7.1 NMSA 1978, effective July 1, 2007.
The 2007 amendment,
effective July 1, 2007, changed the name of the act.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-9 - Who may make anatomical gift of decedent's body or part.

A. Subject to the provisions of Subsections B and C of this section and unless barred by Section 7 [24-6B-7 NMSA 1978] or 8 [24-6B-8 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(1) an agent of the decedent at the time of death who could have made an anatomical gift pursuant to Subsection B of Section 4 [24-6B-4 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act immediately before the decedent's death;
(2) the spouse of the decedent unless legally separated or unless there is a pending action for annulment, divorce, dissolution of marriage or separation;
(3) adult children of the decedent;
(4) parents of the decedent;
(5) adult siblings of the decedent;
(6) adult grandchildren of the decedent;
(7) grandparents of the decedent;
(8) an adult who exhibited special care and concern for the decedent;
(9) the persons who were acting as the guardians of the person of the decedent at the time of death; and
(10) any other person having the authority to dispose of the decedent's body.
B. If there is more than one member of a class listed in Paragraphs (1), (3), (4), (5), (6), (7) and (9) of Subsection A of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass pursuant to Section 11 [24-6B-11 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
C. A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class pursuant to Subsection A of this section is reasonably available to make or to object to the making of an anatomical gift.
History:
Laws 2007, ch. 323, § 9.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-9.2 - Death record reviews.

Every hospital shall work jointly with the appropriate procurement organization to conduct death record reviews at least annually. The procurement organization shall compile the results of the death record reviews and provide a report to the department of health by September 1 of each year; provided that the report to the department shall not identify hospitals, donors or recipients.
History:
Laws 2000, ch. 54, § 6; recompiled and amended by Laws 2007, ch. 323, § 30.
ANNOTATIONS
Recompilation.
— Laws 2007, ch. 323, § 30, recompiled former 24-6A-9.2 NMSA 1978 as 24-6B-9.2 NMSA 1978, effective July 1, 2007.
The 2007 amendment,
effective July 1, 2007, changed "individual donors" to "donors".
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-10 - Manner of making, amending or revoking anatomical gift of decedent's body or part.

A. A person authorized to make an anatomical gift pursuant to Section 9 [24-6B-9 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
B. Subject to the provisions of Subsection C of this section, an anatomical gift by a person authorized pursuant to Section 9 of the Jonathan Spradling Revised Uniform Anatomical Gift Act may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized pursuant to Section 9 of that act may be:
(1) amended only if a majority of the reasonably available members agree to the amending of the gift; or
(2) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
C. A revocation pursuant to Subsection B of this section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital or physician or technician knows of the revocation.
History:
Laws 2007, ch. 323, § 10.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.