NMSA 1978, § 24-1-1 Short title
24-1-1. Short title
Chapter 24, Article 1 NMSA 1978 may be cited as the "Public Health Act".
1953 Comp., § 12-34-1, enacted by Laws 1973, ch. 359, § 1; 2004, ch. 44, § 1; 2004, ch. 50, § 1.
Public Health
NMSA 1978 ch. 24, art. 1
in effectNMSA 1978, § 24-1-2 Definitions
24-1-2. Definitions
As used in the Public Health Act:
A. "condition of public health importance" means an infection, a disease, a syndrome, a symptom, an injury or other threat that is identifiable on an individual or community level and can reasonably be expected to lead to adverse health effects in the community;
B. "crisis triage center" means a health facility that:
(1) is licensed by the department of health; and
(2) provides stabilization of behavioral health crises and may include residential and nonresidential stabilization;
C. "department" means:
(1) the department of health; or
(2) the children, youth and families department as to residential treatment centers that serve persons up to twenty-one years of age, community mental health centers that serve only persons up to twenty-one years of age, day treatment centers that serve persons up to twenty-one years of age, shelter care homes and those outpatient facilities that are also community-based behavioral health facilities serving only persons up to twenty-one years of age;
D. "director" means the secretary;
E. "health care provider" means a person licensed to provide health care in the ordinary course of business, except as otherwise defined in the Public Health Act;
F. "health facility" means a public hospital, profit or nonprofit private hospital, general or special hospital, outpatient facility, crisis triage center, freestanding birth center, adult daycare facility, nursing home, intermediate care facility, assisted living facility, boarding home not under the control of an institution of higher learning, child care facility, shelter care home, diagnostic and treatment center, rehabilitation center, infirmary, community mental health center that serves both children and adults or adults only, residential treatment center that serves persons up to twenty-one years of age, community mental health center that serves only persons up to twenty-one years of age and day treatment center that serves persons up to twenty-one years of age or a health service organization operating as a freestanding hospice or a home health agency. The designation of these entities as health facilities is only for the purposes of definition in the Public Health Act and does not imply that a freestanding hospice or a home health agency is considered a health facility for the purposes of other provisions of state or federal laws. "Health facility" also includes those facilities that, by federal regulation, must be licensed by the state to obtain or maintain full or partial, permanent or temporary federal funding. It does not include the offices and treatment rooms of licensed private practitioners;
G. "screening" means a preliminary procedure, including a test or examination, that:
(1) may require further investigation; and
(2) can identify individuals with unrecognized health risk factors or asymptomatic disease conditions in populations;
H. "secretary" means:
(1) the secretary of health;
(2) the secretary of children, youth and families as to residential treatment centers that serve persons up to twenty-one years of age, community mental health centers that serve only persons up to twenty-one years of age, day treatment centers that serve persons up to twenty-one years of age, shelter care homes and those outpatient facilities that are also community-based behavioral health facilities serving only persons up to twenty-one years of age; or
(3) the secretary of early childhood education and care for child care facilities; and
I. "test" means any diagnostic or investigative analysis or medical procedure that determines the presence of, absence of or exposure to a condition of public health importance or its precursor in an individual.
1953 Comp., § 12-34-2, enacted by Laws 1973, ch. 359, § 2; 1977, ch. 253, § 39; 1979, ch. 25, § 1; 1981, ch. 171, § 10; 1983, ch. 112, § 1; 1987, ch. 27, § 1; 1996, ch. 35, § 1; 1999, ch. 165, § 1; 2003, ch. 284, § 1; 2007, ch. 325, § 6; 2007, ch. 326, § 1; 2015, ch. 61, § 1; 2015, ch. 153, § 1; 2017, ch. 87, § 4; 2018, ch. 34, § 1; 2022, ch. 30, § 5.
NMSA 1978, § 24-1-3 Powers and authority of department
24-1-3. Powers and authority of department
The department has authority to:
A. receive such grants, subsidies, donations, allotments or bequests as may be offered to the state by the federal government or any department thereof or by any public or private foundation or individuals;
B. supervise the health and hygiene of the people of the state and identify ways to evaluate and address community health problems;
C. investigate, control and abate the causes of disease, especially epidemics, sources of mortality and other conditions of public health;
D. establish, maintain and enforce isolation and quarantine;
E. close any public place and forbid gatherings of people when necessary for the protection of the public health;
F. respond to public health emergencies and assist communities in recovery;
G. establish programs and adopt rules to prevent infant mortality, birth defects and morbidity;
H. prescribe the duties of public health nurses and school nurses;
I. provide educational programs and disseminate information on public health;
J. maintain and enforce rules for the licensure of health facilities;
K. ensure the quality and accessibility of health care services and the provision of health care when health care is otherwise unavailable;
L. ensure a competent public health workforce;
M. bring action in court for the enforcement of health laws and rules and orders issued by the department;
N. enter into agreements with other states to carry out the powers and duties of the department;
O. cooperate and enter into contracts or agreements with the federal government or any other person to carry out the powers and duties of the department;
P. cooperate and enter into contracts or agreements with Native American nations, tribes and pueblos and off-reservation groups to coordinate the provision of essential public health services and functions;
Q. maintain and enforce rules for the control of conditions of public health importance;
R. maintain and enforce rules for immunization against conditions of public health importance;
S. maintain and enforce such rules as may be necessary to carry out the provisions of the Public Health Act and to publish the rules;
T. supervise state public health activities, operate a dental public health program and operate state laboratories for the investigation of public health matters;
U. sue and, with the consent of the legislature, be sued;
V. regulate the practice of midwifery;
W. administer legislation enacted pursuant to Title 6 of the Public Health Service Act, as amended and supplemented;
X. inspect such premises or vehicles as necessary to ascertain the existence or nonexistence of conditions dangerous to public health or safety;
Y. request and inspect, while maintaining federal and state confidentiality requirements, copies of:
(1) medical and clinical records reasonably required for the department's quality assurance and quality improvement activities; and
(2) all medical and clinical records pertaining to the individual whose death is the subject of inquiry by the department's mortality review activities; and
Z. do all other things necessary to carry out its duties.
1953 Comp., § 12-34-3, enacted by Laws 1973, ch. 359, § 3; 1975, ch. 183, § 2; 2001, ch. 119, § 2; 2017, ch. 87, § 5.
NMSA 1978, § 24-1-4 Creation of health regions; appointment of health officers; powers and duties of health officers
24-1-4. Creation of health regions; appointment of health officers; powers and duties of health officers
A. The director shall establish health regions and may modify and create new health regions as the director deems necessary.
B. A regional health officer shall provide medical oversight to school nurses in the regional health officer's region. A school nurse shall make reports relating to public health as the regional health officer in the school nurse's region requires.
C. As used in this section, "medical oversight" means advice and direction that is provided by a regional health officer or under the direction of a regional health officer to a school nurse, or a school nurse's designee, who performs nursing activities in a school setting.
1953 Comp., § 12-34-4, enacted by Laws 1973, ch. 359, § 4; 2017, ch. 87, § 6.
NMSA 1978, § 24-1-4.1 Certified nurse-midwives; prescriptive, distributing and administering authority
24-1-4.1. Certified nurse-midwives; prescriptive, distributing and administering authority
A. Certified nurse-midwives who have fulfilled requirements for prescriptive authority may prescribe in accordance with rules, regulations, guidelines and formularies for individual certified nurse-midwives promulgated by the department of health.
B. As used in this section, "prescriptive authority" means the ability of the certified nurse-midwife to practice independently, serve as a primary care provider and as necessary collaborate with licensed medical doctors or osteopathic physicians. Certified nurse-midwives who have fulfilled requirements for prescribing drugs may prescribe, distribute and administer to their patients dangerous drugs, including controlled substances included in Schedules II through V [30-31-7 to 30-31-10 NMSA 1978] of the Controlled Substances Act [Chapter 30 NMSA 1978], that have been prepared, packaged or fabricated by a licensed pharmacist or doses of drugs that have been prepackaged by a pharmaceutical manufacturer in accordance with the Pharmacy Act [Chapter 61, Article 11 NMSA 1978] and New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978].
Laws 1997, ch. 253, § 1.
NMSA 1978, § 24-1-5 Licensure of health facilities; hearings; appeals
24-1-5. Licensure of health facilities; hearings; appeals
A. A health facility shall not be operated without a license issued by the department. If a health facility is found to be operating without a license, in order to protect human health or safety, the secretary may issue a cease-and-desist order. The health facility may request a hearing that shall be held in the manner provided in this section. The department may also proceed pursuant to the Health Facility Receivership Act [Chapter 24A, Article 2 NMSA 1978].
B. The department is authorized to make inspections and investigations and to prescribe rules it deems necessary or desirable to promote the health, safety and welfare of persons using health facilities.
C. Except as provided in Subsection F of this section, upon receipt of an application for a license to operate a health facility, the department shall promptly inspect the health facility to determine if it is in compliance with all rules of the department. Applications for hospital licenses shall include evidence that the bylaws or rules of the hospital apply equally to osteopathic and medical physicians. The department shall consolidate the applications and inspections for a hospital that also operates as a hospital-based primary care clinic.
D. Upon inspection of a health facility, if the department finds a violation of its rules, the department may deny the application for a license, whether initial or renewal, or it may issue a temporary license. A temporary license shall not be issued for a period exceeding one hundred twenty days, nor shall more than two consecutive temporary licenses be issued.
E. A one-year nontransferable license shall be issued to any health facility complying with all rules of the department. The license shall be renewable for successive one-year periods, upon filing of a renewal application, if the department is satisfied that the health facility is in compliance with all rules of the department or, if not in compliance with a rule, has been granted a waiver or variance of that rule by the department pursuant to procedures, conditions and guidelines adopted by rule of the department. Licenses shall be posted in a conspicuous place on the licensed premises, except that child care centers that receive no state or federal funds may apply for and receive from the department a waiver from the requirement that a license be posted or kept on the licensed premises.
F. A health facility that has been inspected and licensed by the department, that has received certification for participation in federal reimbursement programs and that has been fully accredited by a national accrediting organization approved by the federal centers for medicare and medicaid services or the department shall be granted a license renewal based on that accreditation. A freestanding birth center that has been inspected and licensed by the department and is accredited by the commission for accreditation of birth centers or its successor accreditation body shall be granted a license renewal based on that accreditation. Health facilities receiving less than full accreditation by an approved accrediting body may be granted a license renewal based on that accreditation. License renewals shall be issued upon application submitted by the health facility upon forms prescribed by the department. This subsection does not limit in any way the department's various duties and responsibilities under other provisions of the Public Health Act or under any other subsection of this section, including any of the department's responsibilities for the health and safety of the public.
G. The department may charge a reasonable fee not to exceed twelve dollars ($12.00) per bed for an inpatient health facility or three hundred dollars ($300) for any other health facility for each license application, whether initial or renewal, of an annual license or the second consecutive issuance of a temporary license. Fees collected shall not be refundable. All fees collected pursuant to licensure applications shall be deposited with the state treasurer for credit in a designated department recurring account for use in health facility licensure and certification operations.
H. The department may revoke or suspend the license of a health facility or may impose on a health facility an intermediate sanction and a civil monetary penalty provided in Section 24-1-5.2 NMSA 1978 after notice and an opportunity for a hearing before a hearing officer designated by the department to hear the matter and, except for child care centers and facilities, may proceed pursuant to the Health Facility Receivership Act upon a determination that the health facility is not in compliance with any rule of the department. If immediate action is required to protect human health and safety, the secretary may suspend a license or impose an intermediate sanction pending a hearing, provided the hearing is held within five working days of the suspension or imposition of the sanction, unless waived by the licensee, and, except for child care centers and facilities, may proceed ex parte pursuant to the Health Facility Receivership Act.
I. The department shall schedule a hearing pursuant to Subsection H of this section if the department receives a request for a hearing from a licensee:
(1) within ten working days after receipt by the licensee of notice of suspension, revocation, imposition of an intermediate sanction or civil monetary penalty or denial of an initial or renewal application;
(2) within four working days after receipt by the licensee of an emergency suspension order or emergency intermediate sanction imposition and notice of hearing if the licensee wishes to waive the early hearing scheduled and request a hearing at a later date; or
(3) within five working days after receipt of a cease-and-desist order.
The department shall also provide timely notice to the licensee of the date, time and place of the hearing, identity of the hearing officer, subject matter of the hearing and alleged violations.
J. A hearing held pursuant to provisions of this section shall be conducted in accordance with adjudicatory hearing rules and procedures adopted by rule of the department. The licensee has the right to be represented by counsel, to present all relevant evidence by means of witnesses and books, papers, documents, records, files and other evidence and to examine all opposing witnesses who appear on any matter relevant to the issues. The hearing officer has the power to administer oaths on request of any party and issue subpoenas and subpoenas duces tecum prior to or after the commencement of the hearing to compel discovery and the attendance of witnesses and the production of relevant books, papers, documents, records, files and other evidence. Documents or records pertaining to abuse, neglect or exploitation of a resident, client or patient of a health facility or other documents, records or files in the custody of the human services department [health care authority department] or the office of the state long-term care ombudsman at the aging and long-term services department that are relevant to the alleged violations are discoverable and admissible as evidence in any hearing.
K. Any party may appeal the final decision of the department pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
L. A complaint about a health facility received by the department pursuant to this section shall be promptly investigated and appropriate action shall be taken if substantiated. The department shall develop a health facilities protocol in conjunction with the human services department [health care authority department], the protective services division of the children, youth and families department, the office of the state long-term care ombudsman and other appropriate agencies to ensure the health, safety and rights of individuals in health facilities. The health facilities protocol shall require:
(1) cross-reference among agencies pursuant to this subsection of an allegation of abuse, neglect or exploitation;
(2) an investigation, within the strict priority time frames established by each protocol member's rules, of an allegation or referral of abuse, neglect or exploitation after the department has made a good cause determination that abuse, neglect or exploitation occurred;
(3) an agency to share its investigative information and findings with other agencies, unless otherwise prohibited by law; and
(4) require the receiving agency to accept the information provided pursuant to Paragraph (3) of this subsection as potential evidence to initiate and conduct investigations.
M. A complaint received by the department pursuant to this section shall not be disclosed publicly in a manner as to identify any individuals or health facilities if upon investigation the complaint is unsubstantiated.
N. The name and information regarding the person making a complaint pursuant to this section shall not be disclosed absent the consent of the informant or a court order.
O. Notwithstanding any other provision of this section, when there are reasonable grounds to believe that a child is in imminent danger of abuse or neglect while in the care of a child care facility, whether or not licensed, or upon the receipt of a report pursuant to Section 32A-4-3 NMSA 1978, the department shall consult with the owner or operator of the child care facility. Upon a finding of probable cause, the department shall give the owner or operator notice of its intent to suspend operation of the child care facility and provide an opportunity for a hearing to be held within three working days, unless waived by the owner or operator. Within seven working days from the day of notice, the secretary shall make a decision, and, if it is determined that any child is in imminent danger of abuse or neglect in the child care facility, the secretary may suspend operation of the child care facility for a period not in excess of fifteen days. Prior to the date of the hearing, the department shall make a reasonable effort to notify the parents of children in the child care facility of the notice and opportunity for hearing given to the owner or operator.
P. Nothing contained in this section or in the Public Health Act shall authorize either the secretary or the department to make any inspection or investigation or to prescribe any rules concerning group homes as defined in Section 9-8-13 NMSA 1978 [repealed] except as are reasonably necessary or desirable to promote the health and safety of persons using group homes.
1953 Comp., § 12-34-5, enacted by Laws 1973, ch. 359, § 5; 1975, ch. 183, § 3; 1979, ch. 33, § 1; 1983, ch. 185, § 1; 1987, ch. 31, § 2; 1989, ch. 138, § 1; 1990, ch. 105, § 1; 1996, ch. 35, § 2; 1997, ch. 113, § 1; 1998, ch. 55, § 32; 1999, ch. 265, § 34; 2003, ch. 120, § 1; 2005, ch. 53, § 1; 2015, ch. 153, § 2; 2017, ch. 87, § 7.
NMSA 1978, § 24-1-5.2 Health facilities; intermediate sanctions; civil penalty
24-1-5.2. Health facilities; intermediate sanctions; civil penalty
A. Upon a determination that a health facility is not in compliance with any licensing requirement of the department, the department, subject to the provisions of this section and Section 24-1-5 NMSA 1978, may:
(1) impose any intermediate sanction established by rule, including but not limited to:
(a) a directed plan of correction;
(b) facility monitors;
(c) denial of payment for new medicaid admissions to the facility;
(d) temporary management or receivership; and
(e) restricted admissions;
(2) assess a civil monetary penalty, with interest, for each day the facility is or was out of compliance. Civil monetary penalties shall not exceed a total of five thousand dollars ($5,000) per day. Penalties and interest amounts assessed under this paragraph and recovered on behalf of the state shall be remitted to the department in a recurring account in the state treasury for the sole purpose of funding the nonreimbursed cost of facility monitors, temporary management and health facility receiverships. The civil monetary penalties contained in this paragraph are cumulative and may be imposed in addition to any other fines or penalties provided by law; and
(3) with respect to health facilities other than childcare centers or facilities, proceed pursuant to the Health Facility Receivership Act [Chapter 24A, Article 2 NMSA 1978].
B. The secretary shall adopt and promulgate rules specifying the criteria for imposition of any intermediate sanction and civil monetary penalty. The criteria shall provide for more severe sanctions for a violation that results in any abuse, neglect or exploitation of residents, clients or patients as defined in the rules or that places one or more residents, clients or patients of a health facility at substantial risk of serious physical or mental harm.
C. The provisions of this section for intermediate sanctions and civil monetary penalties shall apply to certified nursing facilities except when a federal agency has imposed the same remedies, sanctions or penalties for the same or similar violations.
D. Rules adopted by the department shall permit sanctions pursuant to Paragraphs (1) and (2) of Subsection A of this section for a specific violation in a certified nursing facility if:
(1) the state statute or rule is not duplicated by a federal certification rule; or
(2) the department determines intermediate sanctions are necessary if sanctions permitted pursuant to Paragraphs (1) and (2) of Subsection A of this section do not duplicate a sanction imposed under the authority of 42 U.S.C. 1395 or 1396 for a particular deficiency.
E. A health facility is liable for the reasonable costs of a directed plan of correction, facility monitors, temporary management or receivership imposed pursuant to this section and Section 24-1-5 NMSA 1978. The department may take all necessary and appropriate legal action to recover these costs from a health facility. All money recovered from a health facility pursuant to this subsection shall be paid into the general fund.
1978 Comp., § 24-1-5.2, enacted by Laws 1990, ch. 105, § 2; 1996, ch. 35, § 3; 2005, ch. 53, § 2.
NMSA 1978, § 24-1-5.6 Northern New Mexico substance abuse treatment pilot project
24-1-5.6. Northern New Mexico substance abuse treatment pilot project
A. The department of health shall establish the northern New Mexico substance abuse treatment pilot project.
B. The northern New Mexico substance abuse treatment pilot project shall provide substance abuse treatment in Rio Arriba and Santa Fe counties.
C. Currently accepted treatment practices shall be used in the northern New Mexico substance abuse treatment pilot program [project].
D. The department of health shall seek federal funding to support and supplement the northern New Mexico substance abuse treatment pilot project.
E. The department of health shall report to the legislature annually by December 1 on the progress of the northern New Mexico substance abuse treatment pilot project.
F. The department of health shall coordinate with the human services department [health care authority department] to determine whether any patient who participates in the northern New Mexico substance abuse treatment pilot project is eligible to receive temporary assistance for needy families pursuant to the New Mexico Works Act [Chapter 27, Article 2B NMSA 1978].
Laws 1999 (1st S.S.), ch. 8, § 1.
NMSA 1978, § 24-1-5.11 Medication-assisted treatment for the incarcerated program fund; created
24-1-5.11. Medication-assisted treatment for the incarcerated program fund; created
A. The "medication-assisted treatment for the incarcerated program fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The human services department [health care authority department] shall administer the fund, and money in the fund is appropriated to the human services department [health care authority department] to assist all counties that operate correctional facilities to establish and operate medication-assisted treatment programs for people who are incarcerated in county correctional facilities. Disbursements from the fund shall be made by warrants of the secretary of finance and administration pursuant to vouchers signed by the secretary of human services.
B. No later than December 1, 2023, the human services department [health care authority department] shall promulgate rules for the operation of medication-assisted treatment programs in correctional facilities in consultation with the corrections department, county corrections administrators and providers who specialize in substance use disorder treatment and have experience working in corrections settings.
C. Beginning October 1, 2023 and annually thereafter, the human services department [health care authority department] and the corrections department shall report to the interim legislative health and human services committee and the legislative finance committee on the establishment and operation of medication-assisted treatment programs in correctional facilities.
D. The corrections department shall:
(1) expand and continue to operate currently existing medication-assisted treatment programs for people who are incarcerated in a state correctional facility;
(2) by December 31, 2025, establish and operate a medication-assisted treatment program to continue medication-assisted treatment for incarcerated people with a prescription who are booked into a state correctional facility; and
(3) by the end of fiscal year 2026, offer medication-assisted treatment to all people who are incarcerated in state correctional facilities and in need of medication-assisted treatment.
E. As used in this section:
(1) "correctional facility" means a prison or other detention facility, whether operated by a government or private contractor, that is used for confinement of adult persons who are charged with or convicted of a violation of a law or an ordinance; and
(2) "medication-assisted treatment" means the use of federal food and drug administration-approved prescription drugs for the treatment of substance use disorder.
Laws 2023, ch. 49, § 1.
NMSA 1978, § 24-1-6 Tests required for newborn infants
24-1-6. Tests required for newborn infants
A. The department shall adopt screening tests for the detection of congenital diseases that shall be given to every newborn infant, except that, after being informed of the reasons for the tests, the parents or guardians of the newborn child may waive the requirements for the tests in writing. The screening tests shall include at a minimum:
(1) 3-methylcrotonyl-CoA deficiency;
(2) 3-OH 3-CH3 glutaric aciduria;
(3) argininosuccinic acidemia;
(4) mitochondrial acetoacetyl-CoA thiolase deficiency;
(5) biotinidase deficiency;
(6) carnitine uptake defect;
(7) citrullinemia;
(8) congenital adrenal hyperplasia;
(9) congenital hypothyroidism;
(10) cystic fibrosis;
(11) galactosemia;
(12) glutaric acidemia type I;
(13) Hb S/beta-thalassemia;
(14) hearing deficiency;
(15) homocystinuria;
(16) isovaleric acidemia;
(17) long-chain L-3-OH acyl-CoA dehydrogenase deficiency;
(18) maple syrup urine disease;
(19) medium chain acyl-CoA dehydrogenase deficiency;
(20) methylmalonic acidemia;
(21) multiple carboxylase deficiency;
(22) phenylketonuria;
(23) proponic acidemia;
(24) sickle cell anemia;
(25) trifunctional protein deficiency;
(26) tyrosinemia type I;
(27) very long-chain acyl-CoA dehydrogenase deficiency; and
(28) critical congenital heart disease by means of a test performed using a pulse oximeter before the newborn infant is discharged from the hospital or birthing facility where the newborn infant was born. For the purposes of this paragraph, "pulse oximeter" means a device that measures the oxygen saturation of arterial blood.
B. Upon the later of either January 1, 2011 or when the secretary finds that these screening tests are reasonably available, the department shall adopt screening tests for the detection of the following genetic diseases that shall be given to every newborn infant; except that, after being informed of the reasons for the tests, the parents or guardians of the newborn child may waive the requirements of the tests in writing. The screening tests shall include:
(1) acid maltase deficiency or glycogen storage disease type II;
(2) globoid cell leukodystrophy;
(3) Gaucher's disease;
(4) Niemann-Pick disease; and
(5) Fabry disease.
C. In determining which other congenital diseases to screen for, the secretary shall consider the recommendations of the New Mexico pediatric society of the American academy of pediatrics.
D. The department shall institute and carry on such laboratory services or may contract with another agency or entity to provide such services as are necessary to detect the presence of congenital diseases.
E. The department shall, as necessary, carry on an educational program among physicians, hospitals, public health nurses and the public concerning congenital diseases.
F. The department shall require that all hospitals or institutions having facilities for childbirth perform or have performed screening tests for congenital diseases on all newborn infants except if the parents or guardians of a child object to the tests in writing.
1953 Comp., § 12-34-6, enacted by Laws 1973, ch. 359, § 6; 1975, ch. 254, § 1; 1978, ch. 83, § 1; 1981, ch. 95, § 1; 2005, ch. 134, § 1; 2010, ch. 91, § 1; 2014, ch. 7, § 1.
NMSA 1978, § 24-1-6.1 Newborn hearing testing required; department of health
24-1-6.1. Newborn hearing testing required; department of health
By July 1, 2001, the department of health shall adopt rules to require that infants born in health facilities licensed by the department shall be screened for hearing sensitivity prior to being discharged. The rules shall also require the testing of newborns brought to licensed health facilities after birth who have not received a hearing sensitivity screening and notification to the parents of all screened infants of the results of the hearing sensitivity screening. Nothing in this section shall be construed to require screening for hearing sensitivity of a newborn infant if the infant's parents object to the screening on the grounds that it conflicts with their religious beliefs.
Laws 2001, ch. 82, § 1.
NMSA 1978, § 24-1-7 Sexually transmitted infections; reports of cases
24-1-7. Sexually transmitted infections; reports of cases
A. The department shall make available a list of sexually transmitted infections for which reporting is required.
B. Reports of sexually transmitted infections shall be made in accordance with department rules.
C. Every health care provider that makes a diagnosis of, treats or prescribes for or otherwise has knowledge of a case of sexually transmitted infection for which reporting is required by department rules shall report the case immediately.
D. As used in this section, "health care provider" means:
(1) a person licensed to provide health care in the ordinary course of business;
(2) a superintendent or manager of a health care clinic;
(3) a dispensary, a charitable or penal institution or a municipal or county detention center; or
(4) a laboratory that performs testing for sexually transmitted infections.
1953 Comp., § 12-34-7, enacted by Laws 1973, ch. 359, § 7; 1993, ch. 341, § 1; 1978 Comp., § 24-1-7, repealed and reenacted by Laws 2017, ch. 87, § 8.
NMSA 1978, § 24-1-9 Capacity to consent to examination, preventive care and treatment for a sexually transmitted infection
24-1-9. Capacity to consent to examination, preventive care and treatment for a sexually transmitted infection
Any person regardless of age has the capacity to consent to an examination, preventive care and treatment by a licensed health care provider for any sexually transmitted infection.
1953 Comp., § 12-34-9, enacted by Laws 1973, ch. 359, § 9; 1993, ch. 341, § 3; 2017, ch. 87, § 9; 2023, ch. 99, § 6.
NMSA 1978, § 24-1-9.1 Sexually transmitted infections; testing of persons convicted of certain criminal offenses
24-1-9.1. Sexually transmitted infections; testing of persons convicted of certain criminal offenses
A. A test designed to identify any sexually transmitted infection may be performed on an offender convicted pursuant to state law of any criminal offense:
(1) involving contact between the penis and the vulva;
(2) involving contact between the penis and anus;
(3) involving contact between the mouth and penis;
(4) involving contact between the mouth and vulva;
(5) involving contact between the mouth and anus; or
(6) when the court determines from the facts of the case that there was a transmission or likelihood of transmission of bodily fluids from the offender to the victim of the criminal offense.
B. When consent to perform a test on an offender cannot be obtained, the victim of a criminal offense described in Subsection A of this section may petition the court to order that a test be performed on the offender. When the victim of the criminal offense is a minor or incompetent, the parent or legal guardian of the victim may petition the court to order that a test be performed on the offender. The court shall order and the test shall be administered to the offender within ten days after the petition is filed by the victim or the victim's parent or guardian. Except for disclosures made pursuant to Section 24-1-7 NMSA 1978, the results of the test shall be disclosed only to the offender and to the victim or the victim's parent or legal guardian.
1978 Comp., § 24-1-9.1, enacted by Laws 1993, ch. 341, § 4; 2017, ch. 87, § 10.
NMSA 1978, § 24-1-9.2 Sexually transmitted infections; testing of persons formally charged for allegedly committing certain criminal offenses
24-1-9.2. Sexually transmitted infections; testing of persons formally charged for allegedly committing certain criminal offenses
A. A test designed to identify any sexually transmitted infection may be performed on a person, upon the filing of a complaint, information or an indictment alleging that the person committed a state criminal offense:
(1) involving contact between the penis and the vulva;
(2) involving contact between the penis and anus;
(3) involving contact between the mouth and penis;
(4) involving contact between the mouth and vulva; or
(5) involving contact between the mouth and anus.
B. If consent to perform a test on an alleged offender cannot be obtained, the victim of the alleged criminal offense described in Subsection A of this section may petition the court, through the prosecuting office or personally, to order that a test be performed on the alleged offender; provided that the same test is first performed on the victim of the alleged criminal offense. The test may be performed on the alleged offender regardless of the result of the test performed on the victim of the alleged criminal offense. If the victim of the alleged criminal offense is a minor or incompetent, the parent or legal guardian of the victim of the alleged criminal offense may petition the court to order that a test be performed on the alleged offender.
C. The court may issue an order based on a finding of good cause after a hearing at which both the victim of the alleged criminal offense and the alleged offender have the right to be present. During the hearing, only affidavits, counter affidavits and medical reports regarding the facts that support or rebut the issuance of an order shall be admissible. The hearing shall be conducted within seventy-two hours after the victim petitions the court for the order. The petition and all proceedings in connection therewith shall be under seal. The court shall issue an order and the test shall be administered to the alleged offender within ten days after the petition is filed by the victim of the alleged criminal offense or the victim's parent or legal guardian.
D. Except for disclosures made pursuant to Section 24-1-7 NMSA 1978, the results of the test shall be disclosed only to the alleged offender and to the victim of the alleged criminal offense or the victim's parent or legal guardian. When the victim of the alleged criminal offense or the alleged offender has a positive test result, both the alleged offender and the victim of the alleged criminal offense shall be provided with counseling.
E. A prosecuting attorney may not use in a criminal proceeding arising out of the alleged criminal offense the fact that a test was administered to the alleged offender or the results of the test.
F. The provisions of this section shall not affect the rights and remedies available to the victim of the alleged criminal offense and the alleged offender in any civil action.
G. The administration of a test to an alleged offender pursuant to the provisions of this section shall not preclude the subsequent administration of another test pursuant to the provisions of Section 24-1-9.1 NMSA 1978.
1978 Comp., § 24-1-9.2, enacted by Laws 1996, ch. 80, § 1; 2017, ch. 87, § 11.
NMSA 1978, § 24-1-9.3 Sexually transmitted infections; mandatory counseling
24-1-9.3. Sexually transmitted infections; mandatory counseling
No positive test result for a sexually transmitted infection shall be revealed to the person upon whom the test was performed without the person performing the test or the health facility at which the test was performed providing or referring that person for individual counseling about:
A. the meaning of the test results;
B. the possible need for additional testing;
C. the availability of appropriate health care services, including mental health care, social services and support services; and
D. the benefits of locating and counseling any individual by whom the infected person may have been exposed to the sexually transmitted infection and any individual whom the infected person may have exposed to the sexually transmitted infection.
1978 Comp., § 24-1-9.3, enacted by Laws 1996, ch. 80, § 2; 2017, ch. 87, § 12.
NMSA 1978, § 24-1-9.4 Sexually transmitted infections; confidentiality
24-1-9.4. Sexually transmitted infections; confidentiality
A. Except as provided in Section 24-1-9.2 NMSA 1978, no person or the person's agents or employees who require or administer a test for sexually transmitted infections shall disclose the identity of any person upon whom a test is performed or the result of such a test in a manner that permits identification of the subject of the test, except to the following persons:
(1) the subject of the test or the subject's legally authorized representative, guardian or legal custodian;
(2) any person designated in a legally effective release of the test results executed prior to or after the test by the subject of the test or the subject's legally authorized representative;
(3) an authorized agent, a credentialed or privileged physician or an employee of a health facility or health care provider if the health care facility or health care provider itself is authorized to obtain the test results, the agent or employee provides patient care or handles or processes specimens of body fluids or tissues and the agent or employee has a need to know such information;
(4) the department of health and the centers for disease control and prevention of the United States public health service in accordance with reporting requirements for a diagnosed case of a sexually transmitted infection;
(5) a health facility or health care provider that procures, processes, distributes or uses:
(a) a human body part from a deceased person, with respect to medical information regarding that person;
(b) semen for the purpose of artificial insemination;
(c) blood or blood products for transfusion or injection; or
(d) human body parts for transplant with respect to medical information regarding the donor or recipient;
(6) health facility staff committees or accreditation or oversight review organizations that are conducting program monitoring, program evaluation or service reviews, as long as any identity remains confidential;
(7) authorized medical or epidemiological researchers who may not further disclose any identifying characteristics or information; and
(8) for purposes of application or reapplication for insurance coverage, an insurer or reinsurer upon whose request the test was performed.
B. Whenever disclosure is made, it shall be accompanied by a statement in writing that includes the following or substantially similar language: "This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of this information without the specific written consent of the person to whom this information pertains or as otherwise permitted by law. A person who makes an unauthorized disclosure of this information is guilty of a petty misdemeanor and shall be sentenced to imprisonment in the county jail for a definite term not to exceed six months or the payment of a fine of not more than five hundred dollars ($500), or both.".
1978 Comp., § 24-1-9.4, enacted by Laws 1996, ch. 80, § 3; 2017, ch. 87, § 13.
NMSA 1978, § 24-1-9.6 Sexually transmitted infections; disclosure
24-1-9.6. Sexually transmitted infections; disclosure
A. A victim of a criminal offense or an alleged criminal offense who receives information pursuant to Section 24-1-9.1 or 24-1-9.2 NMSA 1978 may disclose the offender's or alleged offender's test results to the victim's health care provider as is reasonably necessary to protect the victim's health and safety or the health and safety of the victim's family or sexual partner.
B. Nothing in this section shall be construed to prevent a person who has been tested from disclosing in any way to any other person that person's own test results.
1978 Comp., § 24-1-9.6, enacted by Laws 1996, ch. 80, § 5; 2017, ch. 87, § 14.
NMSA 1978, § 24-1-9.7 Penalty
24-1-9.7. Penalty
A person who, in violation of Section 24-1-9.4 NMSA 1978, makes an unauthorized disclosure of the results of a test designed to identify a sexually transmitted infection is guilty of a petty misdemeanor and shall be sentenced to imprisonment in the county jail for a definite term not to exceed six months or the payment of a fine of not more than five hundred dollars ($500) or both.
1978 Comp., § 24-1-9.7, enacted by Laws 1996, ch. 80, § 6; 2017, ch. 87, § 15.
NMSA 1978, § 24-1-10 Pregnancy; serological test for syphilis
24-1-10. Pregnancy; serological test for syphilis
A. Every physician examining a pregnant woman for conditions relating to her pregnancy during the period of gestation or at delivery or both shall take or cause to be taken a sample of blood of such woman at the time of first examination.
B. All such blood samples shall be submitted to the state public health laboratory for a standard serological test for syphilis.
C. The standard serological test shall be a test for syphilis approved by the director of the department. Such serological tests shall be made on request without charge by the department.
1953 Comp., § 12-34-10, enacted by Laws 1973, ch. 359, § 10.
NMSA 1978, § 24-1-11 Reporting of blood tests
24-1-11. Reporting of blood tests
In reporting every birth and stillbirth, physicians and others required to make such reports shall state on the certificate whether a blood test for syphilis has been made upon a specimen of blood taken from the mother of the child for which a birth or stillbirth certificate is filed and the approximate date when the specimen was taken.
1953 Comp., § 12-34-11, enacted by Laws 1973, ch. 359, § 11.
NMSA 1978, § 24-1-12 Health certificates; filing
24-1-12. Health certificates; filing
A. Any person who operates or is employed in a health facility shall, upon becoming employed or engaged in such occupation, present to the employer or, if self-employed, file at the place of business a health certificate from a licensed physician stating the person is free from communicable diseases in a transmissible state dangerous to the public health as defined by regulation of the health services division [public health division] of the health and environment department [department of health]. The certificate shall be obtained not more than ninety days prior to the date of employment.
B. All certificates shall be kept on file and be subject to inspection by the licensing authority.
1953 Comp., § 12-34-12, enacted by Laws 1973, ch. 359, § 12; 1981, ch. 46, § 1.
NMSA 1978, § 24-1-13 Pregnancy; capacity to consent to examination and diagnosis
24-1-13. Pregnancy; capacity to consent to examination and diagnosis
Any person, regardless of age, has the capacity to consent to an examination and diagnosis by a licensed physician for pregnancy.
1953 Comp., § 12-34-13, enacted by Laws 1973, ch. 359, § 13.
NMSA 1978, § 24-1-13.1 Pregnancy; prenatal, delivery and postnatal treatment to a female minor; capacity to consent
24-1-13.1. Pregnancy; prenatal, delivery and postnatal treatment to a female minor; capacity to consent
A health care provider shall have the authority, within the limits of his license, to provide prenatal, delivery and postnatal care to a female minor. A female minor shall have the capacity to consent to prenatal, delivery and postnatal care by a licensed health care provider.
Laws 2001, ch. 314, § 1 and Laws 2001, ch. 327, § 1.
NMSA 1978, § 24-1-13.2 Shaken baby syndrome prevention
24-1-13.2. Shaken baby syndrome prevention
The department of health shall adopt rules, no later than December 31, 2017, requiring every hospital and freestanding birthing center to provide training and education to prevent shaken baby syndrome to every parent of every newborn before discharge of the newborn from the health facility. The rules shall require the health facility to maintain records to demonstrate compliance with this requirement and to report such information as the department deems appropriate regarding the training and education provided by such health facility. The department, in collaboration with the university of New Mexico health sciences center's department of pediatrics, shall approve training and instructional materials in both English and Spanish and shall include the use of shaken baby simulation dolls in the required curriculum.
Laws 2017, ch. 119, § 1.
NMSA 1978, § 24-1-14 [Sterilization;] special qualifications prohibited
24-1-14. [Sterilization;] special qualifications prohibited
No hospital which permits any operation that results in sterilization to be performed therein or medical staff of such hospital shall require any person upon whom a sterilization operation is to be performed to meet any special qualifications which are not imposed on individuals seeking other types of operations in the hospital.
1953 Comp., § 12-34-14, enacted by Laws 1973, ch. 359, § 14.
NMSA 1978, § 24-1-15 Isolation; quarantine; protocol
24-1-15. Isolation; quarantine; protocol
A. If the secretary or a representative of the department has knowledge that a person is infected with or reasonably believes that a person is infected with or exposed to a threatening communicable disease and the person has refused voluntary treatment, testing, evaluation, detention or observation, the secretary or the secretary's designee shall petition the court for an order to isolate or quarantine the person until the person is no longer a threat to the public health or until the person voluntarily complies with treatment and contagion precautions.
B. The secretary or a representative of the department whom the secretary designates may, by public health order, temporarily isolate or quarantine a person or group of persons if delay in isolating or quarantining would significantly jeopardize the secretary's ability to prevent or limit the transmission to others of a threatening communicable disease. The public health order shall expire at the end of twenty-four hours from the time of the commencement of the isolation or quarantine. The secretary may petition for a court order that authorizes the continued isolation or quarantine of the person or group of persons. In the petition, the secretary shall present facts used to support the need to have issued the public health order to isolate or quarantine.
C. Whether or not a public health order to isolate or quarantine was previously issued, a petition for a court order shall be made under oath or shall be accompanied by a sworn affidavit setting out specific facts showing the basis upon which isolation or quarantine is justified, including whether a person to be isolated or quarantined:
(1) is infected with, reasonably believed to be infected with or exposed to a threatening communicable disease; and
(2) poses a substantial likelihood of transmission of the threatening communicable disease to others because of inadequate separation from others.
D. Upon the filing of a petition, the court shall:
(1) immediately grant ex parte a court order to isolate or quarantine the affected person if there is probable cause from the specific facts shown by the affidavit or by the petition to give the judge reason to believe that the affected person poses a substantial threat to the public health and safety;
(2) cause the court order, notice of hearing and an advisement of the terms of the court order, including the affected person's rights to representation and re-petition for termination of a court order that removes and detains the affected person, to be immediately served on the affected person; and
(3) within five days after the granting of the court order, hold an evidentiary hearing to determine if the court shall continue the order.
E. A person held pursuant to a court order as set forth in Subsection D of this section shall be:
(1) entitled to representation by counsel at the evidentiary hearing and at all hearings thereafter for the duration of the period of removal and detention; and
(2) permitted to communicate on any matter, including the person's isolation or quarantine, with persons by telephone, or other reasonably available means that do not expose other persons to the risk of infection, for the duration of the period of isolation or quarantine.
F. Counsel may be retained by the person held or shall be appointed by the court if the court determines that the person held cannot afford legal representation or if the court determines that appointment of counsel is required in the interest of justice.
G. At the evidentiary hearing, the court shall review the circumstances surrounding the court order and, if the petitioner can show by clear and convincing evidence that the person being held has not voluntarily complied or will not voluntarily comply with appropriate treatment and contagion precautions, the court may continue the isolation or quarantine. The court shall order regular review of the order to isolate or quarantine by providing the person being held with a subsequent hearing within thirty days of the court order's issuance and every thirty days thereafter. The court order to isolate or quarantine shall be terminated and the affected person shall be released if:
(1) the person being held is certified by a public health official to pose no further risk to the public health;
(2) at a hearing, the petitioner, whose burden of proof continues under a clear and convincing standard, can no longer show that the person being held is infected with, reasonably believed to be infected with or exposed to a threatening communicable disease and that the affected person will not comply with appropriate treatment and contagion precautions voluntarily; or
(3) exceptional circumstances exist warranting the termination of the court order.
H. The provisions of this section do not permit the forcible administration of medications. A person isolated or quarantined pursuant to this section has the right to refuse to participate in medical treatment, testing, physical or mental examination, vaccination, specimen collection or preventive treatment.
I. A person who is isolated or quarantined pursuant to a court order may petition the court to contest the order or the conditions of isolation or quarantine at any time prior to the expiration of the order. If a petition is filed, the court shall hold a hearing within five days after the date of filing. The filing of a petition for a hearing pursuant to this subsection does not stay a court order for isolation or quarantine. At the hearing, the secretary shall offer clear and convincing evidence that:
(1) the isolation or quarantine is warranted; or
(2) the conditions of isolation or quarantine are compliant with the provisions of this section.
J. When isolating or quarantining an affected person, the secretary shall ensure that:
(1) isolation or quarantine is the least restrictive means necessary to protect against the spread to others of a communicable disease or a potentially threatening communicable disease and may include confinement to the affected person's private home, if practicable, or if not practicable, to a private or public premises;
(2) an isolated person is confined separately from a quarantined person;
(3) the health status of an isolated or quarantined person is monitored regularly to determine whether continued isolation or quarantine is required;
(4) if a quarantined person becomes infected or is reasonably believed to be infected with the threatening communicable disease subsequent to quarantine, that affected person shall be promptly isolated;
(5) the needs of a person isolated or quarantined are addressed in a systematic and orderly manner, including the provision of adequate food, clothing, shelter, sanitation and comfort;
(6) there are methods of communication available to a person placed in isolation or quarantine to enable communication with family members, household members, legal representatives, advocates, the media and any licensed health care provider;
(7) an area of isolation or quarantine is maintained in a manner that minimizes the likelihood of further transmission of infection or other injury to other persons who are isolated or quarantined; and
(8) to the extent possible, cultural and religious beliefs shall be respected in addressing the needs of affected persons and in establishing and maintaining an area of isolation or quarantine.
K. A person shall not enter an area of isolation or quarantine except as authorized by the department. To protect the public health, the department may isolate or quarantine any person who has entered, with or without the secretary's authorization, into an area of isolation or quarantine.
L. Court proceedings shall be on the record and be closed to the general public. The records shall be sealed from public inspection.
M. A person who in good faith reports another person infected with a threatening communicable disease shall not be held liable for civil damages as a result of the report; provided that the person reported as being infected with a threatening communicable disease shall have the right to sue for damages sustained as a result of negligent or intentional reporting of inaccurate information or the disclosure of information to an unauthorized person.
N. During the period of isolation or quarantine, an employer shall not discharge from employment a person who is placed in isolation or quarantine pursuant to this section.
O. The secretary, after consultation with the state medical investigator, the secretary of public safety, the director and the chair of the board of funeral services, may implement and enforce measures that are reasonable and necessary to respond to a threatening communicable disease and provide for the safe disposal of human remains.
P. For purposes of this section:
(1) "area of isolation or quarantine" means the physical environs that the department designates as the area within which to restrict access as required to prevent transmission of a threatening communicable disease;
(2) "court" means:
(a) the district court of the judicial district where the person who is alleged to be infected with a threatening communicable disease resides or is found; or
(b) in the event that a district court cannot adequately provide services, a district court that the New Mexico supreme court designates;
(3) "isolate" means to physically separate for possible medical care a person who is infected or who is reasonably believed to be infected with a threatening communicable disease or potentially threatening communicable disease;
(4) "public health official" means the secretary, a regional health officer, the director of the public health division of the department, a chief medical officer or a representative of the department designated by the secretary to carry out the duties provided in this section;
(5) "quarantine" means the precautionary physical separation of a person who has or may have been exposed to a threatening communicable disease or a potentially threatening communicable disease and who does not show a sign or symptom of a threatening communicable disease from persons who are not quarantined to protect against the transmission of the disease to persons who are not quarantined; and
(6) "threatening communicable disease" means a disease that causes death or great bodily harm, passes from one person to another and for which there is no means by which the public reasonably can avoid the risk of contracting the disease.
1953 Comp., § 12-34-15, enacted by Laws 1973, ch. 359, § 15; 1999, ch. 159, § 1; 2002, ch. 74, § 1; 2017, ch. 87, § 16.
NMSA 1978, § 24-1-15.1 Protocol for management of active tuberculosis
24-1-15.1. Protocol for management of active tuberculosis
A. When a physician or other person knows that a person has, or is reasonably believed to be infected with, active tuberculosis, the physician or other person shall promptly notify the department.
B. Upon receiving notification that a person has active tuberculosis, the department shall prescribe the person a treatment plan meeting the department's therapeutic specifications for the infectious form of tuberculosis. The treatment plan shall include a notice to the person that failure to comply with the treatment plan will result in immediate initiation of court action to ensure compliance, as set forth in this section.
C. The secretary, or a representative of the department whom the secretary designates, may by public health order temporarily isolate a person or group of persons if delay in isolating the person or group would significantly jeopardize the secretary's ability to prevent or limit the transmission of tuberculosis to others. The public health order shall expire at the end of twenty-four hours from the time of the commencement of isolation. The secretary may petition for a court order that authorizes the continued isolation. In the petition, the secretary shall present facts used to support the need to have issued the public health order to isolate.
D. Whether or not a public health order was issued pursuant to Subsection C of this section, when the department has knowledge that a person who has active tuberculosis has failed to comply with the department's treatment plan as described in Subsection B of this section, the department shall petition for a court order for the person who has active tuberculosis to comply with whichever of the following courses of action the department deems appropriate:
(1) a program of directly observed therapy;
(2) isolation; or
(3) directly observed therapy and isolation.
E. A petition for a court order shall be made under oath or shall be accompanied by a sworn affidavit setting out specific facts showing the basis upon which isolation is justified, including whether the person to be isolated:
(1) has active tuberculosis or presents a substantial likelihood of having active tuberculosis based on credible medical evidence;
(2) after being advised of the condition and the risks posed thereby, has failed to comply with the department's treatment plan; and
(3) poses a substantial likelihood of transmission of tuberculosis to others because the person is actively infectious or poses a risk of relapse or development of a therapy-resistant strain of tuberculosis.
F. Upon the filing of a petition for a court order, the court shall:
(1) in cases where there is probable cause established by the petition to give the judge reason to believe that the person who has been alleged to have active tuberculosis poses a substantial threat to the public health and safety because the person is actively infectious, or poses a risk of relapse or development of a therapy-resistant strain of tuberculosis because of a history of noncompliance, immediately grant ex parte a court order to:
(a) administer a program of directly observed therapy;
(b) isolate the person and administer a program of directly observed therapy; or
(c) isolate the person, if the person refuses a program of directly observed therapy;
(2) cause the court order, notice of hearing and an advisement of the terms of the court order, including the rights of the person alleged to have active tuberculosis to representation and re-petition for termination of a court order, to be immediately served on the person alleged to have active tuberculosis; and
(3) within five days after the granting of the court order, hold an evidentiary hearing to determine if the court shall continue the court order.
G. A person held pursuant to a court order as set forth in Subsection F of this section shall be:
(1) entitled to representation by counsel at the evidentiary hearing and at all hearings thereafter for the duration of the period of isolation or program of directly observed therapy; and
(2) permitted to communicate on any matter, including the person's isolation or program of directly observed therapy, with persons by telephone or other reasonably available means that do not expose other persons to the risk of infection, for the duration of the period of isolation or program of directly observed therapy.
H. Counsel may be retained by the person under the court order or shall be appointed by the court if the court determines that the person held cannot afford legal representation or if the court determines that appointment of counsel is required in the interest of justice.
I. At the evidentiary hearing, the court shall review the circumstances surrounding the court order, and, if the petitioner can show by clear and convincing evidence that the person being held has not complied or will not comply with appropriate treatment and contagion precautions as the department deems necessary, the court shall continue the court order for the person who has active tuberculosis until completion of therapy, as deemed by the department. The court shall order regular review of the order by providing the person under a court order with a subsequent hearing within ninety days of the court order's issuance and every ninety days thereafter. The court order shall be terminated and the person shall be released if:
(1) at a hearing, the petitioner has not met its burden of showing by clear and convincing proof that the person under a court order has not completed therapy; or
(2) exceptional circumstances exist warranting the termination of the court order.
J. The provisions of this section do not permit the forcible administration of medications.
K. A person isolated pursuant to this section has the right to refuse any medical treatment, physical or mental examination, treatment program or invasive specimen collection. A person who has been directed by the secretary to submit to medical procedures and protocols because the person has active tuberculosis and refuses to submit to the procedures and protocols may be subject to continued isolation pursuant to this section.
L. A person who is isolated pursuant to a court order may petition the court to contest the order or the conditions of isolation at any time prior to the expiration of the court order. If a petition is filed, the court shall hold a hearing within five business days after the date of filing. At a hearing pursuant to a petition to contest, the secretary shall offer:
(1) clear and convincing evidence that the isolation is warranted; or
(2) proof that the conditions of isolation are compliant with the provisions of this section.
M. When isolating a person or group of persons, the secretary shall ensure that:
(1) isolation is imposed by the least restrictive means necessary to protect against the spread of tuberculosis to others and may include confinement to the isolated person's private home, if practicable, or, if not practicable, a private or public premises;
(2) the health status of an isolated person is monitored regularly to determine if continued isolation is required;
(3) the needs of a person isolated are addressed in a systematic and orderly manner, including the provision of adequate food, clothing, shelter, sanitation and comfort;
(4) there are methods of communication available to a person placed in isolation to enable communication with family members, household members, legal representatives, advocates, the media and any licensed health care provider;
(5) the premises used for isolation are maintained in a manner that minimizes the likelihood of further transmission of infection or other injury to other persons who are isolated; and
(6) to the extent possible, cultural and religious beliefs shall be respected in addressing the needs of persons and establishing and maintaining isolation premises.
N. The proceedings of any hearing held pursuant to this section shall be recorded stenographically, electronically or mechanically or by other appropriate means. The proceedings shall be closed to the general public and the records shall be sealed from public inspection.
O. A person who in good faith reports that another person has active tuberculosis shall not be held liable for civil damages as a result of the report; provided that the person reported as having active tuberculosis shall have the right to sue for damages sustained as a result of negligent or intentional reporting of inaccurate information or the disclosure of information to an unauthorized person.
P. During the period of isolation, an employer shall not discharge from employment a person who is placed in isolation pursuant to this section.
Q. For purposes of this section:
(1) "active tuberculosis" means a disease caused by mycobacterium tuberculosis or other members of the mycobacterium tuberculosis complex family that has been determined, through current clinical, bacteriological or radiographic evidence, or whichever diagnostic procedures the department deems appropriate, to be present in a person who has not completed an appropriate course of antituberculosis medication, regardless of the state of communicability of the disease. A person with active tuberculosis includes a person with:
(a) tuberculosis that is resistant to the prescribed treatment plan;
(b) infectious tuberculosis or who presents a substantial likelihood of having infectious tuberculosis based on credible medical evidence;
(c) noninfectious tuberculosis who is at high risk of developing an infectious form of tuberculosis; and
(d) pulmonary or extrapulmonary tuberculosis;
(2) "completion of therapy" means completion of the prescribed therapy, as determined by the department based upon published national consensus tuberculosis treatment guidelines;
(3) "court" means the district court of the judicial district where the person who is alleged to have active tuberculosis resides or is found or a district court designated by the New Mexico supreme court;
(4) "department" means the department of health or a person designated by the secretary of health to carry out the duties provided in this section;
(5) "directly observed therapy" means a methodology for promoting patient adherence in which a health care provider or trained designee witnesses the patient ingest each dose of medication until the completion of prescribed therapy for tuberculosis; and
(6) "isolation" means:
(a) home isolation;
(b) home isolation with electronic monitoring;
(c) isolation in a hospital or other health care facility negative pressure room where appropriate security measures are undertaken to prevent the transmission of tuberculosis; or
(d) isolation in a prison or detention center negative pressure room with an appropriate level of medical care.
Laws 2009, ch. 174, § 1; 2017, ch. 87, § 17.
NMSA 1978, § 24-1-15.2 Conditions of public health importance; reporting
24-1-15.2. Conditions of public health importance; reporting
A. The secretary shall establish by rule a list of reportable conditions of public health importance. The list shall include conditions of humans or animals caused by exposure to toxic substances, microorganisms or any other pathogens or conditions that arise due to injury. The secretary shall:
(1) prescribe the manner of and the person responsible for reporting conditions of public health importance;
(2) classify each reportable condition of public health importance according to the urgency of reporting; and
(3) revise the list of reportable conditions of public health importance as necessary.
B. The secretary may enter into agreements or other arrangements with federal and tribal public health agencies for receipt and sharing of information regarding reportable conditions of public health importance.
C. The department shall disseminate reporting requirements to health care providers and other persons required to report conditions of public health importance.
D. A person with knowledge of a reportable condition of public health importance shall report the condition to the department.
Laws 2017, ch. 87, § 18.
NMSA 1978, § 24-1-15.3 Conditions of public health importance; testing; screening
24-1-15.3. Conditions of public health importance; testing; screening
A. The department shall establish testing and screening procedures and programs to identify conditions of public health importance among individuals or among the general population of the state. The department shall:
(1) prior to testing or screening, explain to the individual the nature, scope, purposes, benefits, risks and possible outcomes of the test or screening, except as otherwise provided pursuant to this section or by state law;
(2) have a valid and reliable test for the condition of public health importance;
(3) when administering a test or screening, identify a condition of public health importance that poses a threat to an individual's or the public's health and that may be avoided, cured, alleviated or made less contagious through safe and effective treatment, modifications in individual behavior or public health interventions; and
(4) fully inform the individual of the individual's results, the meaning of the results, the possible need for additional testing and the availability of appropriate health care services, including mental health care and social and support services. If appropriate, the department shall provide counseling or inform the individual where such counseling services are available.
B. The department may petition for the issuance of a court order to require testing or medical examination of any individual who has or may have been exposed to a condition of public health importance that poses a significant risk or threat to the individual or others or to the public's health, in accordance with procedures established by department rules.
Laws 2017, ch. 87, § 19.
NMSA 1978, § 24-1-15.4 Individually identifiable health information; conditions of public health importance; confidentiality; use; disclosure
24-1-15.4. Individually identifiable health information; conditions of public health importance; confidentiality; use; disclosure
A. Any use of individually identifiable health information pursuant to this section shall be limited to the minimum amount of information reasonably necessary to accomplish a public health purpose.
B. Individually identifiable health information received by the department shall not be public information and shall not be disclosed without the authorization of the individual who is the subject of the information, except as otherwise provided in state or federal law.
C. In accordance with state and federal law, the secretary shall adopt and promulgate rules to allow an individual to have access to, inspect and obtain copies of the individual's individually identifiable health information.
D. Nothing in this section shall be construed to prevent an individual from disclosing that individual's own individually identifiable health information.
E. As used in this section, "individually identifiable health information" means information related to the provision of health care or public health services to an individual that:
(1) is directly related to diseases or a condition of public health importance; and
(2) can be used to identify the individual recipient of health care or public health services.
Laws 2017, ch. 87, § 20.
NMSA 1978, § 24-1-16 Inspection definitions
24-1-16. Inspection definitions
As used in Sections 16 through 19 [24-1-16 to 24-1-19 NMSA 1978] of the Public Health Act:
A. "inspectorial search" means an entry into and examination of premises or vehicles, for the purpose of ascertaining the existence or nonexistence of conditions dangerous to health or safety or otherwise relevant to the public interest, in accordance with inspection requirements prescribed by fire, housing, sanitation, welfare, zoning or other laws or ordinances duly enacted for the promotion of public well-being;
B. "inspection officer" means an official authorized by law to conduct inspectorial searches; and
C. "inspection order" means an order issued by a magistrate or other competent official authorizing an inspectorial search.
1953 Comp., § 12-34-16, enacted by Laws 1973, ch. 359, § 16.
NMSA 1978, § 24-1-17 Inspectorial search by consent
24-1-17. Inspectorial search by consent
A. Within the scope of his authority with respect to the places to be inspected and the purpose for which inspection is to be carried out, an inspection officer may conduct an inspectorial search, with the voluntary consent of an occupant or custodian of the premises or vehicles to be inspected, who reasonably appears to the inspection officer to be in control of the places to be inspected or otherwise authorized to give such consent.
B. Before requesting consent for an inspectorial search, the inspection officer shall inform the person to whom the request is directed of the authority under and purposes for which the inspection is to be made and shall, upon demand, exhibit a badge or document evidencing his authority to make such inspections.
C. Inspections undertaken pursuant to this section shall be carried out with due regard for the convenience and privacy of the occupants, and during the daytime unless, because of the nature of the premises, the convenience of the occupants or other circumstances, there is a reasonable basis for carrying out the inspection at night.
D. Except in accordance with the provisions of the subsequent subsection adequate notice of the time and purpose of an inspection shall be sent to the occupants or custodians of premises or vehicles to be inspected not less than seven days before the inspection is undertaken.
E. The notice required by the preceding subsection may be dispensed with if, because of the nature of the inspection to be undertaken, the conduct of the occupants, or other circumstances, there is a reasonable basis for belief that such notice would obstruct, or seriously diminish the utility, of the inspection in question.
1953 Comp., § 12-34-17, enacted by Laws 1973, ch. 359, § 17.
NMSA 1978, § 24-1-18 Inspection searches
24-1-18. Inspection searches
A. Upon sufficient showing that consent to an inspectorial search has been refused or is otherwise unobtainable within a reasonable period of time, an inspection officer may make application for an inspection order. Such application shall be made to a district court judge having jurisdiction over the premises or vehicle to be searched or an administrative official authorized by statute or ordinance to issue inspection orders.
B. The application shall be granted and the inspection order issued upon a sufficient showing that inspection in the area in which the premises or vehicles in question are located, or inspection of the particular premises or vehicles, is in accordance with reasonable legislative or administrative standards, and that the circumstances of the particular inspection for which application is made are otherwise reasonable. The issuing authority shall make and keep a record of the proceedings on the application, and enter thereon his finding in accordance with the requirements of this section.
C. The inspection officer executing the order shall, if the premises or vehicle in question are unoccupied at the time of execution, be authorized to use such force as is reasonably necessary to effect entry and make the inspection.
D. The officer conducting the search shall, if authorized by the issuing authority on proper showing, be accompanied by one or more law enforcement officers authorized to serve search warrants who shall assist the inspection officer in executing the order at his direction.
E. After execution of the order or after unsuccessful efforts to execute the order, as the case may be, the inspection officer shall return the order to the issuing authority with a sworn report of the circumstances of execution or failure thereof.
1953 Comp., § 12-34-18, enacted by Laws 1973, ch. 359, § 18.
NMSA 1978, § 24-1-19 Emergency inspectorial searches
24-1-19. Emergency inspectorial searches
A. Whenever it reasonably appears to an inspection officer that there may be a condition, arising under the laws he is authorized to enforce and imminently dangerous to health and safety, the detection or correction of which requires immediate access, without prior notice, to premises for purposes of inspectorial search, and if consent to such search is refused or cannot be promptly obtained, the inspection officer may make an emergency inspectorial search of the premises without an inspection order.
B. Upon completion of the emergency inspectorial search, the inspection officer shall make prompt report of the circumstances to the judicial or administrative authority to whom application for an inspection order would otherwise have been made.
1953 Comp., § 12-34-19, enacted by Laws 1973, ch. 359, § 19.
NMSA 1978, § 24-1-20 Records confidential
24-1-20. Records confidential
A. The files and records of the department giving identifying information about individuals who have received or are receiving from the department treatment, diagnostic services or preventive care for diseases, disabilities or physical injuries, are confidential and are not open to inspection except where permitted by rule of the department, as provided in Subsection C of this section and to the secretary of health and environment [secretary of health] or to an employee of the health and environment department [department of health] authorized by the secretary to obtain such information, but the information shall only be revealed for use in connection with a governmental function of the secretary or the authorized employee. Both the secretary and the employees are subject to the penalty contained in Subsection F of this section if they release or use the information in violation of this section.
B. All information voluntarily provided to the director or his agent in connection with studies designated by him as medical research and approved by the secretary of health and environment [secretary of health], either conducted by or under the authority of the director for the purpose of reducing the morbidity or mortality from any cause or condition of health, is confidential and shall be used only for the purposes of medical research. The information shall not be admissible as evidence in any action of any kind in any court or before any administrative proceeding or other action.
C. The human services department [health care authority department] and the office of the state long-term care ombudsman shall have prompt access to all files and records in the possession of the licensing and certification bureau of the department that are related to any health facility investigation. Officers and employees of those agencies with such access are subject to the penalty in Subsection F of this section if they release or use the information in violation of this section.
D. The files and records of the department are subject to subpoena for use in any pending cause in any administrative proceeding or in any of the courts of the state, unless otherwise provided by law.
E. No person supplying information to the department for use in a research project or any cooperating person in a research project shall be subject to any action for damages or other relief as a result of that activity.
F. Any person who discloses confidential information in violation of this section is guilty of a petty misdemeanor.
1953 Comp., § 12-34-20, enacted by Laws 1973, ch. 359, § 20; 1975, ch. 324, § 1; 1977, ch. 253, § 41; 1990, ch. 105, § 3.
NMSA 1978, § 24-1-21 Penalties
24-1-21. Penalties
Any person violating any of the provisions of the Public Health Act or any order, rule or regulation adopted pursuant to the provisions of the Public Health Act is guilty of a petty misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100) or imprisonment in the county jail for a definite term not to exceed six months or both such fine and imprisonment in the discretion of the court. Each day of a continuing violation of Subsection A of Section 24-1-5 NMSA 1978 after conviction shall be considered a separate offense. The department also may enforce its rules and orders by any appropriate civil action. The attorney general shall represent the department.
1953 Comp., § 12-34-22, enacted by Laws 1973, ch. 359, § 22; 1975, ch. 183, § 4; 1983, ch. 185, § 2.
NMSA 1978, § 24-1-22 Scientific laboratory division; testing methods; certification
24-1-22. Scientific laboratory division; testing methods; certification
A. The scientific laboratory division of the department of health is authorized to promulgate and approve satisfactory techniques or methods to test persons believed to be operating a motor vehicle or a motorboat under the influence of drugs or alcohol and to issue certification for test operators and their instructors that shall be subject to termination or revocation at the discretion of the scientific laboratory division. The scientific laboratory division is further authorized to establish or approve quality control measures for alcohol breath testing and to establish or approve standards of training necessary to ensure the qualifications of individuals conducting these analyses or collections.
B. The scientific laboratory division shall establish criteria and specifications for equipment, training, quality control, testing methodology, blood-breath relationships and the certification of operators, instructors and collectors of breath samples.
C. All laboratories analyzing breath, blood or urine samples pursuant to the provisions of the Implied Consent Act [66-8-105 to 66-8-112 NMSA 1978] and the Boating While Intoxicated Act [Chapter 66, Article 13 NMSA 1978] shall be certified by the scientific laboratory division. The certification shall be granted in accordance with the rules and regulations of the scientific laboratory division and shall be subject to termination or revocation for cause.
Laws 1981, ch. 165, § 1; 2003, ch. 241, § 14.
NMSA 1978, § 24-1-25 Holly Gonzales experimental treatment fund created
24-1-25. Holly Gonzales experimental treatment fund created
A. The "Holly Gonzales experimental treatment fund" is created in the state treasury.
B. The Holly Gonzales experimental treatment fund shall be administered by the secretary of health. The money in the fund shall be used solely for the purpose of paying for the costs of federal drug administration approved experimental treatments or procedures for children with catastrophic, debilitating or terminal illnesses. An attending physician of a patient seeking coverage of a treatment or procedure from the fund shall certify to the secretary of health that conventional treatments or procedures cannot control or cure the illness, the expected outcome for the patient is death and the experimental treatment or procedure has a reasonable chance of either curing or controlling the illness for an extended period of time. The patient shall provide documentation from his medical insurer that the experimental treatment is not included in the policy covering the patient.
C. The patient shall submit receipts to the secretary of health for payment from the Holly Gonzales experimental treatment fund for the direct expenses of the experimental treatment or procedure and for associated expenses necessarily incurred in obtaining the treatment or procedure.
D. Disbursements from the Holly Gonzales experimental treatment fund shall be by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of health.
Laws 2001, ch. 333, § 1.
NMSA 1978, § 24-1-27 Purpose
24-1-27. Purpose
The purpose of creating a single interagency behavioral health purchasing collaborative is to develop a statewide system of behavioral health care that promotes the behavioral health and well-being of children, individuals and families; encourages a seamless system of care that is accessible and continuously available; and emphasizes prevention and early intervention, resiliency, recovery and rehabilitation.
Laws 2004, ch. 46, § 1.
NMSA 1978, § 24-1-29 Commission created; members; duties
24-1-29. Commission created; members; duties
A. There is created the "governor's HIV and AIDS policy commission", consisting of twenty-three members as follows:
(1) the secretary of health or the secretary's designee;
(2) the secretary of human services or the secretary's designee;
(3) the secretary of public education or the secretary's designee;
(4) the chief medical officer of the corrections department or the officer's designee;
(5) the chair of the department of health's medical advisory committee;
(6) the executive director of the New Mexico medical insurance pool or the director's designee;
(7) a representative from each of the six health management alliance organizations, appointed by the governor;
(8) six consumers reflecting the diversity of the HIV and AIDS populations in New Mexico, including Native Americans and other people of color, appointed by the governor; and
(9) five public members who have expertise in HIV and AIDS services, prevention, program administration, financial management and other categories of expertise required under federal planning requirements, appointed by the governor.
B. The governor shall appoint the chair of the commission. Members appointed by the governor shall serve for terms of three years, except that the initial term of seven members shall be two years. Vacancies of the appointed members shall be filled by appointment by the governor for the remainder of the unexpired term. Appointed members shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] but shall receive no other compensation, perquisite or allowance. The commission shall be administratively attached to the department, which shall provide administrative services to the commission.
C. The commission shall:
(1) review and make recommendations on department HIV and AIDS policies;
(2) study and make recommendations to the department on all factors affecting the availability, quality and accessibility of health services for persons with HIV and AIDS, including:
(a) review and consult with the department's medical advisory committee regarding the HIV and AIDS drug formulary and policies of selection, utilization and provision of those drugs; and
(b) review policies and practices of each state agency with responsibilities to persons with HIV and AIDS, including statutes and rules governing these responsibilities;
(3) serve as a planning and advisory group to the department's HIV and AIDS services program;
(4) annually provide its evaluation and recommendations to the department for inclusion in the department's annual report, including recommendations for administrative and legislative changes, for resource allocation by the department and for funding;
(5) provide information on HIV and AIDS programs and issues as requested by the executive and legislative branches of government;
(6) advocate for improved and expanded services for persons living with HIV and AIDS; and
(7) establish task forces as it deems necessary.
D. For purposes of this section:
(1) "commission" means the governor's HIV and AIDS policy commission;
(2) "department" means the department of health;
(3) "HIV and AIDS" means human immunodeficiency virus and acquired immune deficiency syndrome; and
(4) "consumers" means people living with HIV and AIDS.
Laws 2005, ch. 5, § 1.
NMSA 1978, § 24-1-30 Hand washing facilities; requirement
24-1-30. Hand washing facilities; requirement
Portable hand washing facilities shall be provided with at least one hand wash facility to every one-to-ten portable toilets in public locations where portable toilets are required by law or ordinance. The facilities shall be in close proximity to the toilets.
Laws 2005, ch. 190, § 1.
NMSA 1978, § 24-1-31 Save our children's sight fund created
24-1-31. Save our children's sight fund created
The "save our children's sight fund" is created in the state treasury. Money in the fund shall consist of appropriations, contributions, grants and statutory revenues directed to the fund. Money in the fund is appropriated to the department of health, which shall administer the fund for the purpose of development and implementation of a vision screening program making vision screenings and follow-up comprehensive examinations available to New Mexico children regardless of family income. Expenditures from the fund shall be by warrants of the secretary of finance and administration drawn pursuant to vouchers signed by the secretary of health or the secretary's authorized representative. Money in the fund shall not revert at the end of a fiscal year.
Laws 2007, ch. 353, § 1 and Laws 2007, ch. 357, § 1.
NMSA 1978, § 24-1-32 Notice of the need for further vision evaluation and availability of funds
24-1-32. Notice of the need for further vision evaluation and availability of funds
The department of health shall promulgate rules for award of money from the save our children's sight fund. When the vision screen of a student indicates the need for further evaluation, the student's school shall notify the student's parent of that need and provide information on the availability of funds from the save our children's sight fund. The notice shall state that the parent, if the student is not already covered by health insurance for a comprehensive eye examination, may apply to the fund for the following expenses as a result of the screening:
A. a comprehensive eye examination by an optometrist or ophthalmologist whose services are used to follow up the school vision screen;
B. the cost of contact lenses or polycarbonate lenses and frames for eyeglasses; and
C. replacement insurance for lost or broken lenses.
Laws 2007, ch. 353, § 3 and Laws 2007, ch. 357, § 3.
NMSA 1978, § 24-1-33 Communication regarding reconstructive breast surgery
24-1-33. Communication regarding reconstructive breast surgery
A. A health care provider that provides mastectomy or lumpectomy or lymph node dissection surgery of the breast shall provide information to the patient about the option of reconstructive surgery. The information shall be provided to the patient in writing and in advance of obtaining consent for the mastectomy or lumpectomy or lymph node dissection surgery of the breast. The information shall include at least a description of:
(1) reconstructive surgery options and the advantages and disadvantages of each option;
(2) the availability of health insurance or health care coverage for costs related to reconstructive surgery pursuant to the New Mexico Insurance Code [Chapter 59A NMSA 1978, except for Articles 30A and 42A] and the federal Women's Health and Cancer Rights Act of 1998; and
(3) patient access to reconstructive surgery services, including referring the patient to a health care provider that provides reconstructive surgery if the health care provider that performs the mastectomy or lumpectomy or lymph node dissection surgery of the breast does not offer reconstructive surgery services.
B. The department of health shall notify health care providers of the provisions of Subsection A of this section.
Laws 2011, ch. 145, § 1.
NMSA 1978, § 24-1-36 Statewide community-based adult fall risk awareness and prevention program
24-1-36. Statewide community-based adult fall risk awareness and prevention program
A. By January 1, 2015, the department of health shall establish a statewide community-based adult fall risk awareness and prevention program.
B. In implementing the statewide community-based adult fall risk awareness and prevention program, the department of health shall:
(1) contract for the development of a culturally competent and literacy level-appropriate statewide community-based adult fall risk awareness and prevention media campaign, to include a web page, a referral clearinghouse and statewide media placement of print, radio and television messages;
(2) conduct program outreach to the public, to groups or to organizations that advocate for adult fall risk awareness and prevention and to health care providers;
(3) arrange for and coordinate adult fall risk awareness and prevention training and workshops;
(4) serve as a resource for information and written materials on adult fall risk awareness and prevention;
(5) act as a liaison between the New Mexico healthy aging collaborative, the New Mexico older adult falls prevention coalition, groups or organizations that advocate for adult fall risk awareness and prevention and sources of funding for adult fall risk awareness and prevention programming and activities;
(6) contract with one or more universities, colleges or other institutions of higher learning to provide educational programming in evidence-based fall risk assessment and fall prevention strategies;
(7) contract with one or more area agencies on aging, community hospitals, the federal Indian health service, tribally operated 638 health programs or urban Indian health programs to provide fall risk awareness and prevention programming and literature to the public;
(8) conduct trainer instructional workshops and booster training for evidence-based fall risk awareness and prevention programs; and
(9) contract with one or more senior centers, community centers, parks and recreation departments or other local, county, municipal or tribal organizations providing services to senior citizens to implement evidence-based interventions for adult fall prevention.
Laws 2014, ch. 37, § 1.
NMSA 1978, § 24-1-38 Hospitals; requirement to offer influenza and pneumococcal immunizations
24-1-38. Hospitals; requirement to offer influenza and pneumococcal immunizations
Each year between October 1 and March 1 and in accordance with the latest recommendations of the advisory committee on immunization practices of the federal centers for disease control and prevention, each hospital licensed by the department of health shall offer, prior to discharge, immunizations against the influenza virus and pneumococcal disease to all inpatients sixty-five years of age and older unless contraindicated for a patient and contingent upon the availability of the vaccine.
Laws 2017, ch. 51, § 1.
NMSA 1978, § 24-1-40 Department of health; New Mexico board of dental health care; annual report; biennial report
24-1-40. Department of health; New Mexico board of dental health care; annual report; biennial report
The department of health shall collaborate with the New Mexico board of dental health care and provide to the legislative health and human services committee and the legislative finance committee the following reports:
A. by October 1, 2020 and by each October 1 thereafter, a report relating to access to dental health care. The department shall compile for the report at least the following information with analysis and recommendations for legislative action relating to this information:
(1) the status of dental health care professional education loan-for-service programming;
(2) the feasibility of establishing a program allowing bachelor of arts degree recipients to matriculate directly to dental school for a doctor of dental medicine or doctor of dental surgery degree;
(3) the status of the state's medicaid program, including:
(a) simplification of administrative procedures regarding the provision of dental health care to medicaid recipients; and
(b) changes to reimbursement levels that would encourage dental health care professionals to accept more medicaid recipients as patients;
(4) the number of dental health care professionals taking advantage of the rural health care practitioner tax credit;
(5) other timely issues as determined by the New Mexico board of dental health care to have an impact on access to or the delivery of dental health care in New Mexico; and
(6) the identification of activities in the dental therapist's scope of practice that require dental therapy post-graduate clinical experience; and
B. by October 1, 2020 and by October 1 every two years thereafter, a report on the status of the dental therapist licensure program, including the:
(1) name and number of educational institutions offering accreditation of a dental therapy educational program;
(2) number of students enrolled in each dental therapy educational program, per educational institution;
(3) number of licensed dental hygienists enrolled in dental therapy educational programs, per educational institution;
(4) number of students who have graduated from dental therapy educational programs;
(5) name and number of locations where students are completing dental therapy post-graduate experience;
(6) number of graduates practicing under general supervision;
(7) practice location for all licensed dental therapists in the state, by county; and
(8) number of dental therapists in each county.
Laws 2019, ch. 107, § 12.
NMSA 1978, § 24-1-43 Reporting; medical aid in dying
24-1-43. Reporting; medical aid in dying
A. A health care provider who prescribes medical aid in dying to a qualified individual in accordance with the provisions of the End-of-Life Options Act [24-7C-1 to 24-7C-8 NMSA 1978] shall provide, in accordance with department rules, a report of that provider's participation. The department shall adopt and promulgate rules that establish the time frames and forms for reporting pursuant to this section and shall limit the reporting of data relating to qualified individuals who received prescriptions for medical aid in dying medication to the following:
(1) the qualified individual's age at death;
(2) the qualified individual's race and ethnicity;
(3) the qualified individual's gender;
(4) whether the qualified individual was enrolled in hospice at the time of death;
(5) the qualified individual's underlying medical condition; and
(6) whether the qualified individual self-administered the medical aid in dying medication and, if so, the date that this occurred.
B. The department shall promulgate an annual statistical report, containing aggregated data, on the information collected pursuant to Subsection A of this section on the total number of medical aid in dying medication prescriptions written statewide and on the number of health care providers who have issued prescriptions for medical aid in dying medication during that year. Data reported pursuant to this subsection shall not contain individually identifiable health information and are exempt from disclosure pursuant to the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978].
C. As used in this section:
(1) "health care provider" means an individual authorized pursuant to the End-of-Life Options Act to prescribe medical aid in dying;
(2) "medical aid in dying" means the medical practice wherein a health care provider prescribes medication to a qualified individual who may self-administer that medication to end that individual's life in accordance with the provisions of the End-of-Life Options Act; and
(3) "qualified individual" means an individual who has met the requirements to receive medical aid in dying pursuant to the provisions of the End-of-Life Options Act.
Laws 2021, ch. 132, § 9.
NMSA 1978, § 24-1-44 School-based health centers; creation and operation
24-1-44. School-based health centers; creation and operation
A. The department shall provide funding, technical assistance, clinical oversight and other necessary support for the creation and operation of school-based health centers.
B. School-based health centers receiving funding from the department shall be regulated by the department to provide services pursuant to Subsection E of this section.
C. School-based health centers shall be established in schools, within the boundaries of school campuses or within safe walking distances from school campuses as determined by the school and the school-based health center operator, in communities based on:
(1) need for services;
(2) operator availability; and
(3) support from local educational authorities.
D. School-based health centers shall work in cooperation with schools and school districts and be operated by licensed health care providers, including hospitals, federally qualified health centers, the department's public health nurses and other qualified health care providers.
E. School-based health centers shall provide services through licensed providers, including:
(1) primary health care;
(2) preventive health care, including comprehensive health assessments and diagnosis;
(3) treatment of minor, acute and chronic conditions;
(4) mental health care;
(5) substance use disorder assessments, treatment and referral;
(6) crisis intervention; or
(7) referrals as necessary for additional treatment, including inpatient care, specialty care, emergency psychiatric care, oral health care and vision health care services.
F. The department shall adopt and promulgate rules for the regulation, operation and oversight of school-based health centers receiving funding from the department.
G. For purposes of this section:
(1) "department" means the department of health;
(2) "mental health care" means services related to emotional, psychological and social well-being;
(3) "preventive health care" means services that include screenings, checkups and patient counseling to stop or slow the progression of illness, diseases and other health problems; and
(4) "primary health care" means health care services that include providing preventive care, promoting wellness and treating common illnesses.
Laws 2023, ch. 48, § 1.
NMSA 1978, § 24-1-45 988 Lifeline fund
24-1-45. 988 Lifeline fund
The "988 lifeline fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and income from investment of the fund. The health care authority shall administer the fund, and money in the fund is appropriated to the authority to administer a confidential telecommunication service for emotional, mental or alcohol and drug use support made available to the public by the authority. Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of health care authority or the secretary's authorized representative.
Laws 2025, ch. 84, § 8.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18524/index.doFetched: 10/20/2026