Chapter 24 — Chapter 24

Chapter 24, Article 1 NMSA 1978 may be cited as the "Public Health Act". History: 1953 Comp., § 12-34-1, enacted by Laws 1973, ch. 359, § 1; 2004, ch. 44, § 1; 2004, ch. 50, § 1.

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 submit…

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 f…

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 c…

diagnosis. Any person, regardless of age, has the capacity to consent to an examination and diagnosis by a licensed physician for pregnancy. History: 1953 Comp., § 12-34-13, enacted by Laws 1973, ch. 359, § 13.

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 b…

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 healt…

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 …

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, deten…

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 departmen…

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 s…

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 in…

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 identi…

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 safe…

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 …

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 …

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 pre…

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 i…

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 …

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 imprisonme…

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…

History: Laws 1987, ch. 157, § 1; § 24-1-23, recompiled as § 24A-1-18 by Laws 2024, ch. 39, § 132.

History: Laws 1997, ch. 242, § 7 and Laws 1997, ch. 247, § 4; repealed by Laws 2013, ch. 44, § 3.

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 …

History: Laws 2003, ch. 59, § 1; repealed by Laws 2004, ch. 46, § 18.

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 i…

History: Laws 2004, ch. 46, § 2; 2005, ch. 7, § 1; § 24-1-28, recompiled and amended as § 24A-3-2 by Laws 2024, ch. 39, § 44.

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 t…

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 t…

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. History: Laws 2005,…

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 f…

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 an…

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 obtai…

History: Laws 2012, ch. 4, § 1; 2015, ch. 90, § 1; § 24-1-34, recompiled and amended as § 24A-1-15 by Laws 2024, ch. 39, § 36.

History: Laws 2013, ch. 114, § 1; § 24-1-35, recompiled and amended as § 24A-1-16 by Laws 2024, ch. 39, § 37.

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 h…

History: Laws 2015, ch. 155, § 1; § 24-1-37, recompiled and amended as § 24A-1-11 by Laws 2024, ch. 39, § 32.

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 …

History: Laws 2019, ch. 4, § 1; § 24-1-39, recompiled as § 24A-1-19 by Laws 2024, ch. 39, § 132.

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…

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 u…

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 a…

History: Laws 2019, ch. 129, § 1; § 24-1-41, recompiled and amended as § 24A-1-13 by Laws 2024, ch. 39, § 34.

History: Laws 2021, ch. 127, § 1; § 24-1-42, recompiled as § 24A-1-20 by Laws 2024, ch. 39, § 132.

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. T…

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 t…

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 appr…

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 …

ANNOTATIONS Repeals. — Laws 1990, ch. 105, § 4 repealed 24-1-5.1 NMSA 1978, as enacted by Laws 1981, ch. 171, § 11, relating to health and safety certification of foster homes, effective July 1, 1990. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com.

History: Laws 2004, ch. 47, § 1; § 24-1-5.10 recompiled and amended as § 24A-1-9 by Laws 2024, ch. 39, § 30.