NMSA 1978, § 24-10A-1 Short title
24-10A-1. Short title
Chapter 24, Article 10A NMSA 1978 may be cited as the "Emergency Medical Services Fund Act".
1978 Comp., § 24-10A-1, enacted by Laws 1978, ch. 178, § 1; 1987, ch. 246, § 1.
Emergency Medical Services Fund
NMSA 1978 ch. 24, art. 10A
in effectNMSA 1978, § 24-10A-2 Purpose of act
24-10A-2. Purpose of act
The purpose of the Emergency Medical Services Fund Act is to make money available to municipalities and counties for use in the establishment and enhancement of local emergency medical services, statewide emergency medical services and trauma services in order to reduce injury and loss of life.
1978 Comp., § 24-10A-2, enacted by Laws 1978, ch. 178, § 2; 1987, ch. 246, § 2; 1994, ch. 61, § 1; 2001, ch. 258, § 1; 2001, ch. 273, § 1.
NMSA 1978, § 24-10A-2.1 Definitions
24-10A-2.1. Definitions
As used in the Emergency Medical Services Fund Act:
A. "bureau" means the emergency medical systems bureau of the department;
B. "committee" means the statewide emergency medical services advisory committee appointed pursuant to the provisions of Section 24-10B-7 NMSA 1978;
C. "department" means the department of health;
D. "fund" means the emergency medical services fund;
E. "local recipient" means a publicly owned or contracted ambulance or air ambulance service, medical rescue service, fire department rescue service, regionalized emergency medical service agency; or other prehospital emergency medical service care provider based in the state:
(1) that routinely responds to an individual's need for immediate medical care in order to prevent loss of life or aggravation of physical or psychological illness or injury;
(2) whose application for funding through the Emergency Medical Services Fund Act is sponsored by a municipality or county; and
(3) that meets department guidelines for certification, including:
(a) personnel training;
(b) participation in emergency medical service data collection and submission to the state emergency medical systems database;
(c) participation in local design and planning for efficient delivery of emergency medical services;
(d) participation in mutual aid agreements and medical control; and
(e) participation in medical control for emergency medical services;
F. "municipality" means an incorporated city, town or village;
G. "regionalized emergency medical service agency" means a rural or frontier emergency medical service agency composed of multiple geographic districts with response area populations of fewer than two hundred fifty people per square mile;
H. "secretary" means the secretary of health; and
I. "tribe" means a federally recognized Native American nation, tribe or pueblo located wholly or partially in the state.
Laws 1994, ch. 61, § 2; 2001, ch. 258, § 2; 2001, ch. 273, § 2; 2017, ch. 87, § 23.
NMSA 1978, § 24-10A-3 Emergency medical services fund created; funding
24-10A-3. Emergency medical services fund created; funding
A. The "emergency medical services fund" is created in the state treasury. Money in the fund shall not revert at the end of any fiscal year. Money appropriated to the fund or accruing to it through distributions, gifts, grants, fees or bequests shall be deposited in the fund. Interest earned on investment of the fund shall be credited to the general fund. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary or the secretary's authorized representative.
B. The bureau shall administer the fund and provide for the distribution of the fund pursuant to the Emergency Medical Services Fund Act and rules adopted pursuant to the provisions of that act.
C. In any fiscal year, no less than seventy-five percent of the money in the fund shall be used for the local emergency medical services funding program to support the cost of supplies and equipment and operational costs other than salaries and benefits for emergency medical services personnel. This money shall be distributed to municipalities and counties on behalf of eligible local recipients, using a formula established pursuant to rules adopted by the department. The formula shall determine each municipality's and county's share of the fund based on the relative geographic size and population of each county. The formula shall also base the distribution of money for each municipality and county on the relative number of runs of each local recipient eligible to participate in the distribution.
D. In any fiscal year, no more than:
(1) twenty-two percent of the fund may be used for emergency medical services system improvement projects, including the purchase of emergency medical services vehicles, local and statewide emergency medical services system support projects, the statewide trauma care system program and the emergency medical dispatch agency support program; and
(2) three percent of the fund may be used by the bureau for administrative costs, including monitoring and providing technical assistance.
E. The state treasurer is authorized to redirect a distribution to the New Mexico finance authority to make loans for purchases authorized pursuant to the Emergency Medical Services Fund Act and by ordinance or resolution passed by the municipality or county and a written agreement of the municipality or county and the New Mexico finance authority.
1978 Comp., § 24-10A-3, enacted by Laws 1978, ch. 178, § 3; 1987, ch. 246, § 3; 1989, ch. 324, § 18; 1994, ch. 61, § 3; 2001, ch. 258, § 3; 2001, ch. 273, § 3; 2017, ch. 87, § 24; 2024, ch. 27, § 2; 2025, ch. 23, § 5.
NMSA 1978, § 24-10A-3.1 Regulations
24-10A-3.1. Regulations
The department shall adopt regulations pursuant to Subsection E of Section 9-7-6 NMSA 1978 to carry out the provisions of the Emergency Medical Services Fund Act.
Laws 1994, ch. 61, § 13.
NMSA 1978, § 24-10A-4 Funding program; purpose; determination of needs
24-10A-4. Funding program; purpose; determination of needs
A. The "local emergency medical services funding program" is created. The program shall provide for the:
(1) establishment or enhancement of local emergency medical services, including the use of advanced technology equipment;
(2) operational costs other than salaries and benefits of local emergency medical services personnel;
(3) purchase, repair and maintenance of emergency medical services vehicles, equipment and supplies, including the use of advanced technology equipment; and
(4) training and licensing of local emergency medical services personnel.
B. Annually on or before June 1, the bureau shall consider and determine, in accordance with the formula adopted by rule of the department, the amount of distribution to municipalities and counties that have applied for money from the fund. In making its determination, the bureau shall ensure that no municipality or county receives money from the fund for the purpose of accumulation as defined by rule of the department, except as waived by the bureau in writing for good cause shown. The bureau shall also ensure that each local recipient is in compliance with the rules of the department.
1978 Comp., § 24-10A-4, enacted by Laws 1978, ch. 178, § 4; 1979, ch. 141, § 1; 1987, ch. 246, § 4; 1994, ch. 61, § 4; 2000, ch. 16, § 1; 2001, ch. 258, § 4; 2001, ch. 273, § 4.
NMSA 1978, § 24-10A-4.1 Emergency medical services system improvement projects
24-10A-4.1. Emergency medical services system improvement projects
A. Applications for emergency medical services system improvement projects shall be submitted separately from applications for the local emergency medical services funding program. The bureau shall award emergency medical services system improvement projects after a review of the applications. The awards shall be made based on a priority ranking, demonstrated need for funding and recommendations from the committee. Money awarded shall be used in compliance with applicable rules.
B. Applications for funding to purchase emergency medical services vehicles shall be submitted by municipalities or counties on behalf of local recipients. The municipality or county shall commit to providing matching funds of at least twenty-five percent of the cost of purchasing the vehicle.
C. Applications for funding of local and statewide projects shall demonstrate the need for funding and a plan to use the funding to enhance or better integrate local emergency medical services systems or to improve the health, safety and training of emergency medical services technicians statewide.
D. A statewide trauma care system program shall be developed and determined by the bureau in consultation with the committee. The statewide trauma care system program shall provide for the support, development and expansion of the statewide trauma care system in accordance with rules adopted by the department.
E. The emergency medical dispatch agency support program shall fund allowable costs of dispatch agencies that meet criteria established pursuant to rules by the department.
Laws 1994, ch. 61, § 10; 2001, ch. 258, § 5; 2001, ch. 273, § 5.
NMSA 1978, § 24-10A-4.2 Mutual aid agreements; regionalized, integrated response plans
24-10A-4.2. Mutual aid agreements; regionalized, integrated response plans
Municipalities, counties, tribes and local recipients may develop mutual aid agreements and regionalized, integrated response plans with other municipalities, counties, tribes and local recipients for the purpose of ensuring that adequate emergency medical services coverage exists throughout the state. For the benefit of the public, equipment and other emergency medical services resources obtained through money from the fund shall be shared among the parties to a mutual aid agreement or regionalized, integrated response plan.
Laws 1994, ch. 61, § 11; 2017, ch. 87, § 25.
NMSA 1978, § 24-10A-5 Funding program; awards; appeals
24-10A-5. Funding program; awards; appeals
The bureau shall promptly notify each municipality and county that has applied for money and the local recipient of the bureau's determination to grant or deny an application for funding through the local emergency medical services funding program. A municipality or county may appeal a determination of the bureau within ten working days after notification of the determination. The bureau shall refer the appeal to the committee for its review and recommendation. The committee shall make its recommendation to the secretary, who shall make a final determination about whether to grant or deny an application for funding. The secretary shall notify the appellant of the secretary's decision within thirty days of the date on which the committee has notified the secretary of its recommendation.
1978 Comp., § 24-10A-5, enacted by Laws 1978, ch. 178, § 5; 1987, ch. 246, § 5; 1994, ch. 61, § 5; 2017, ch. 87, § 26.
NMSA 1978, § 24-10A-6 Distribution of fund
24-10A-6. Distribution of fund
On or before August 31, the local emergency medical services funding program distribution shall be made to each municipality and county as determined by the department. No more than one percent of the amount appropriated to the local emergency medical services funding program shall be distributed from the fund to the benefit of a single local recipient in any fiscal year pursuant to the local emergency medical services funding program, with the exception of a regionalized emergency medical service agency, to ensure that appropriate emergency medical service is available statewide.
1978 Comp., § 24-10A-6, enacted by Laws 1978, ch. 178, § 6; 1979, ch. 141, § 2; 1987, ch. 246, § 6; 1994, ch. 61, § 6; 2001, ch. 258, § 6; 2001, ch. 273, § 6; 2017, ch. 87, § 27.
NMSA 1978, § 24-10A-7 Funding program; expenditures from fund
24-10A-7. Funding program; expenditures from fund
Any money distributed from the fund for the purposes of the local emergency medical services funding program shall be expended only for those purposes.
1978 Comp., § 24-10A-7, enacted by Laws 1978, ch. 178, § 7; 1979, ch. 141, § 3; 1987, ch. 246, § 7; 1994, ch. 53, § 1; 1994, ch. 61, § 7.
NMSA 1978, § 24-10A-8 Funding program; control of expenditures
24-10A-8. Funding program; control of expenditures
Money distributed from the fund shall be expended only for the purposes stated in the application to the bureau and shall be expended on the authorization of the chief executive of the municipality or county upon vouchers issued by its treasurer.
1978 Comp., § 24-10A-8, enacted by Laws 1978, ch. 178, § 8; 1987, ch. 246, § 8; 1994, ch. 61, § 8; 2017, ch. 87, § 28.
NMSA 1978, § 24-10A-9 Funding program; inspection by the bureau
24-10A-9. Funding program; inspection by the bureau
The bureau and its designated agents have the authority at all normal hours of operation to enter in and upon all buildings and premises where emergency medical services vehicles, equipment and supplies acquired with expenditures from the fund are located for the purposes of examination and inspection.
1978 Comp., § 24-10A-9, enacted by Laws 1978, ch. 178, § 9; 1987, ch. 246, § 9; 1994, ch. 61, § 9.
NMSA 1978, § 24-10A-10 Loss of funding eligibility
24-10A-10. Loss of funding eligibility
A municipality, county or local recipient that the bureau finds has expended money in violation of the Emergency Medical Services Fund Act may be ineligible to receive funding from the bureau for a period of not less than one year or more than three years, as determined by the bureau in accordance with rules and regulations adopted by the department.
Laws 1994, ch. 61, § 12.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18524/index.doFetched: 10/20/2026