NMSA 1978, § 22-33-1 Short title
22-33-1. Short title
Chapter 22, Article 33 NMSA 1978 may be cited as the "Emergency Medication in Schools Act".
Laws 2014, ch. 50, § 1; 2025, ch. 129, § 1.
Emergency Medication In Schools
NMSA 1978 ch. 22, art. 33
in effectNMSA 1978, § 22-33-2 Definitions
22-33-2. Definitions
As used in the Emergency Medication in Schools Act:
A. "albuterol" includes albuterol or another inhaled bronchodilator, as recommended by the department of health, for the treatment of respiratory distress;
B. "albuterol aerosol canister" means a portable drug delivery device packaged with multiple premeasured doses of albuterol;
C. "anaphylaxis" or "anaphylactic reaction" means a sudden, severe and potentially life-threatening whole-body allergic reaction;
D. "automated external defibrillator" means a medical device heart monitor and defibrillator that:
(1) has received approval of its premarket modification filed pursuant to 21 U.S.C. 360(k), from the United States food and drug administration;
(2) is capable of recognizing cardiac arrest that will respond to defibrillation, ventricular fibrillation or rapid ventricular tachycardia and is capable of determining whether defibrillation should be performed; and
(3) upon determining that defibrillation should be performed, automatically charges and is capable of delivering an electrical impulse to an individual's heart;
E. "emergency medication" means albuterol or epinephrine;
F. "epinephrine" includes epinephrine or another medication, as recommended by the department of health, used to treat anaphylaxis until the immediate arrival of emergency medical system responders;
G. "epinephrine auto-injector" means a portable, disposable drug delivery device that contains a premeasured single dose of epinephrine;
H. "governing body" includes a governing body of a private school;
I. "health care practitioner" means a person authorized by the state to prescribe emergency medication;
J. "respiratory distress" includes impaired oxygenation of the blood or impaired ventilation of the respiratory system;
K. "school" means a public school, charter school or private school;
L. "spacer" means a holding chamber that is used to optimize the delivery of albuterol to a person's lungs;
M. "stock supply" means an appropriate quantity of emergency medication, as recommended by the department of health; and
N. "trained personnel" means a school employee, agent or volunteer who has completed epinephrine administration training documented by the school nurse, school principal or school leader and approved by the department of health and who has been designated by the school principal or school leader to administer epinephrine on a voluntary basis outside of the scope of employment.
Laws 2014, ch. 50, § 2; 2025, ch. 129, § 2.
NMSA 1978, § 22-33-3 Emergency medication; albuterol; epinephrine; stock supply; storage
22-33-3. Emergency medication; albuterol; epinephrine; stock supply; storage
A. Each local school board or governing body may obtain a standing order for and may provide to schools within its jurisdiction a stock supply of albuterol aerosol canisters and spacers prescribed in the name of the school or school district by a health care practitioner employed or authorized by the department of health. Each school that receives a stock supply of albuterol aerosol canisters and spacers pursuant to this subsection shall store them:
(1) in a secure location that is unlocked and readily accessible to a school nurse to administer albuterol;
(2) pursuant to board of pharmacy regulations; and
(3) within the manufacturer-recommended temperature range.
B. Each local school board or governing body may obtain a standing order for and may provide to schools within its jurisdiction a stock supply of standard-dose and pediatric-dose epinephrine auto-injectors prescribed in the name of each school by a health care practitioner employed or authorized by the department of health. Each school that receives a stock supply of standard-dose and pediatric-dose epinephrine auto-injectors pursuant to this subsection shall store them:
(1) in a secure location that is unlocked and readily accessible to trained personnel;
(2) pursuant to board of pharmacy regulations; and
(3) within the manufacturer-recommended temperature range.
C. Each local school board or governing body shall dispose of expired emergency medication pursuant to board of pharmacy regulations or department of health rules.
D. A local school board or governing body or a school within its jurisdiction may accept gifts, grants, bequests and donations from any source to carry out the provisions of the Emergency Medication in Schools Act, including the acceptance of albuterol aerosol canisters and spacers and epinephrine auto-injectors from a manufacturer or wholesaler.
Laws 2014, ch. 50, § 3.
NMSA 1978, § 22-33-4 Local school board or governing body; emergency medication; protocols and policies; training
22-33-4. Local school board or governing body; emergency medication; protocols and policies; training
A. Each local school board or governing body that provides to schools within its jurisdiction a stock supply of albuterol aerosol canisters and spacers shall develop policies, based on department of health rules and recommendations, for a school nurse to administer albuterol to a student who is perceived to be in respiratory distress, regardless of whether the student has been identified or documented as having asthma, has a prescription for albuterol or has supplied the school with albuterol. Such policies shall include procedures to:
(1) recognize the symptoms of respiratory distress;
(2) administer albuterol using a spacer;
(3) call 911 to initiate an emergency medical system;
(4) continue to monitor the student's condition and deliver any additional treatment indicated until an emergency medical system responder arrives;
(5) notify the parent, guardian or legal custodian of the student having respiratory distress; and
(6) take any other necessary actions based on training completed pursuant to the Emergency Medication in Schools Act.
B. Each local school board or governing body that provides to schools within its jurisdiction a stock supply of standard-dose and pediatric-dose epinephrine auto-injectors shall develop policies based on the protocols in this section and department of health rules and recommendations, publish the policies on its web site and receive documentation that trained personnel have received training to:
(1) administer epinephrine to a student who is reasonably believed to be having an anaphylactic reaction, regardless of whether the student has been identified or documented as having a severe allergy, has a prescription for epinephrine or has supplied the school with epinephrine auto-injectors; and
(2) follow an anaphylaxis action protocol to:
(a) recognize symptoms of anaphylaxis;
(b) administer an epinephrine auto-injector to a student reasonably believed to be having an anaphylactic reaction;
(c) call 911 to initiate an emergency medical system;
(d) continue to monitor the student's condition and deliver any additional treatment indicated until an emergency medical system responder arrives;
(e) notify the parent, guardian or legal custodian of the student having an anaphylactic reaction; and
(f) take any other necessary actions based on training completed pursuant to the Emergency Medication in Schools Act.
C. Each school that receives a stock supply of standard-dose and pediatric-dose epinephrine auto-injectors shall:
(1) develop and implement a plan to have one or more trained personnel on the school premises during operating hours; and
(2) follow an anaphylactic reaction prevention protocol, as recommended by the department of health, to minimize an allergic student's exposure to food allergies.
Laws 2014, ch. 50, § 4.
NMSA 1978, § 22-33-5 Medical cannabis; possession; storage; administration; restriction; exemptions
22-33-5. Medical cannabis; possession; storage; administration; restriction; exemptions
A. Except as provided pursuant to Subsection C of this section, local school boards and the governing bodies of charter schools shall adopt policies and procedures to authorize the possession, storage and administration of medical cannabis by parents and legal guardians, or by designated school personnel, to qualified students for use in school settings; provided that:
(1) a student shall not possess, store or self-administer medical cannabis in a school setting;
(2) a parent, legal guardian or designated school personnel shall not administer medical cannabis in a manner that creates disruption to the educational environment or causes other students to be exposed to medical cannabis;
(3) a written treatment plan for the administration of the medical cannabis is agreed to and signed by the principal or the principal's designee of the qualified student's school and the qualified student's parent or legal guardian; and
(4) before the first administration of medical cannabis in a school setting, the qualified student's parent or legal guardian completes and submits documentation as required by local school board or charter school rules that includes a:
(a) copy of the qualified student's written certification for use of medical cannabis pursuant to the Lynn and Erin Compassionate Use Act [26-2B-1 to 26-2B-7 NMSA 1978]; and
(b) written statement from the qualified student's parent or legal guardian releasing the school and school personnel from liability, except in cases of willful or wanton misconduct or disregard of the qualified student's treatment plan.
B. A school board or the governing body of a charter school may adopt policies that:
(1) restrict the types of designated school personnel who may administer medical cannabis to qualified students;
(2) establish reasonable parameters regarding the administration and use of medical cannabis and the school settings in which administration and use are authorized; and
(3) ban student possession, use, distribution, sale or being under the influence of a cannabis product in a manner that is inconsistent with the provisions of this subsection.
C. The provisions of Subsection A of this section shall not apply to a charter school or school district if:
(1) the charter school or school district reasonably determines that it would lose, or has lost, federal funding as a result of implementing the provisions of Subsection A of this section; and
(2) the determination is appealable by any parent to the secretary, based on rules established by the department.
D. A public school, charter school or school district shall not:
(1) discipline a student who is a qualified student on the basis that the student requires medical cannabis as a reasonable accommodation necessary for the student to attend school;
(2) deny eligibility to attend school to a qualified student on the basis that the qualified student requires medical cannabis as a reasonable accommodation necessary for the student to attend school or a school-sponsored activity; or
(3) discipline a school employee who refuses to administer medical cannabis.
E. As used in this section:
(1) "certifying practitioner" means a health care practitioner who issues a written certification to a qualified student;
(2) "designated school personnel" means a school employee whom a public school, charter school or school district authorizes to possess, store and administer medical cannabis to a qualified student in accordance with the provisions of this section;
(3) "medical cannabis" means cannabis that is:
(a) authorized for use by qualified patients in accordance with the provisions of the Lynn and Erin Compassionate Use Act; and
(b) in a form that is not an aerosol and cannot be smoked or inhaled in particulate form as a vapor or by burning;
(4) "qualified student" means a student who demonstrates evidence to the school district that the student is authorized as a qualified patient pursuant to the Lynn and Erin Compassionate Use Act to carry and use medical cannabis in accordance with the provisions of that act;
(5) "school" means a public school or a charter school;
(6) "school setting" means any of the following locations during a school day:
(a) a school building;
(b) a school bus used within the state during, in transit to or in transit from a school-sponsored activity;
(c) a public vehicle used within the state during, in transit to or in transit from a school-sponsored activity in the state; or
(d) a public site in the state where a school-sponsored activity takes place; and
(7) "written certification" means a statement in a qualified student's medical records or a statement signed by a qualified student's certifying practitioner that, in the certifying practitioner's professional opinion, the qualified student has a debilitating medical condition and the certifying practitioner believes that the potential health benefits of the medical use of cannabis would likely outweigh the health risks for the qualified student. A written certification is not valid for more than one year from the date of issuance.
Laws 2019, ch. 247, § 1; 2019, ch. 261, § 1.
NMSA 1978, § 22-33-6 Cardiac emergency response plan; automated external defibrillator
22-33-6. Cardiac emergency response plan; automated external defibrillator
A. Each school shall develop and implement a cardiac emergency response plan that addresses the appropriate use of school personnel who are to respond to incidents involving a person experiencing a sudden cardiac arrest or a similar life-threatening emergency while on school grounds or during a school athletic activity. Each cardiac emergency response plan shall:
(1) be developed and implemented using core elements that are nationally recognized and evidence-based;
(2) identify specific school personnel who will take action when a person experiences a sudden cardiac arrest or a similar life-threatening emergency;
(3) establish protocols for school personnel identified by the cardiac emergency response plan to follow when a person experiences a sudden cardiac arrest or a similar life-threatening emergency;
(4) determine appropriate locations for automated external defibrillators to be installed or made available;
(5) provide for routine maintenance of the automated external defibrillator; and
(6) be updated when necessary to be consistent with evidence-based guidelines.
B. Every school in the state shall install an automated external defibrillator. Installed automated external defibrillators shall be maintained and tested according to the manufacturer's operational guidelines.
C. An automated external defibrillator shall be clearly marked and easily accessible during each school athletic activity.
D. The department shall adopt and promulgate rules for the training of school employees on the use of automated external defibrillators in a manner consistent with standards adopted by the American heart association.
E. The requirements of Subsections A and B of this section shall be fulfilled by all:
(1) public non-charter high schools no later than the 2026-2027 school year; and
(2) elementary schools, middle schools, charter schools and private schools no later than the 2027-2028 school year.
F. As used in this section, "school athletic activity" means a sport or activity organized by a school or school district that involves a physical game or competition against another team, club or entity or practice or preparation for the physical game or competition.
Laws 2025, ch. 129, § 3; 2026, ch. 66, § 1.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18522/index.doFetched: 10/20/2026