Chapter 24 — Chapter 24

formally charged for allegedly committing certain criminal offenses; responsibility to administer and pay for test. A. A test designed to identify the human immunodeficiency virus or its antigen or antibody may be performed, without the person's consent, on a person upon the fili…

are source individuals. A. As used in this section: (1) "exposed individual" means a health care provider, first responder or other person, including an employee, volunteer or independent contracted agent of a health care provider or law enforcement agency, while acting within th…

A. No person or the person's agents or employees who require or administer the test 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 per…

No person to whom the results of a test have been disclosed may disclose the test results to another person except as authorized by the Human Immunodeficiency Virus Test Act. Whenever disclosure is made pursuant to that act, it shall be accompanied by a statement in writing that …

Nothing in the Human Immunodeficiency Virus Test Act shall be construed to prevent a person who has been tested from disclosing in any way to any other person his own test results. Any victim of an alleged criminal offense who receives information pursuant to Section 24-2B-5.2 NM…

A person who makes an unauthorized disclosure of the results of a test designed to identify the human immunodeficiency virus or its antigen or antibody is guilty of a petty misdemeanor and shall be sentenced to imprisonment in the county jail for a definite term not to exceed six…

Sections 1 through 6 [24-2C-1 to 24-2C-6 NMSA 1978] of this act may be cited as the "Harm Reduction Act". History: Laws 1997, ch. 256, § 1.

History: Laws 1997, ch. 256, § 2; repealed by Laws 2022, ch. 4, § 5.

As used in the Harm Reduction Act: A. "department" means the department of health; and B. "participant" means a person who receives supplies or devices or services provided by the harm reduction program. History: Laws 1997, ch. 256, § 3; 2022, ch. 4, § 1.

responsibilities. A. The department shall: (1) establish and administer a program that shall be known as the "harm reduction program" to reduce overdose mortality and other negative health outcomes associated with drug use; (2) pursuant to rules established by the department, qua…

The harm reduction program shall provide participants with: A. sterile hypodermic syringes and needles in exchange for used hypodermic syringes, needles or other objects used to inject controlled substances or controlled substance analogs into the human body; B. other objects use…

History: Laws 1997, ch. 256, § 6; repealed by Laws 2022, ch. 4, § 5.

Chapter 24, Article 2D NMSA 1978 may be cited as the "Pain Relief Act". History: Laws 1999, ch. 126, § 1; 2019, ch. 94, § 1.

As used in the Pain Relief Act: A. "accepted guideline" means the most current clinical pain management guideline developed by the American geriatrics society or the American pain society or a clinical pain management guideline based on evidence and expert opinion that has been a…

A. A health care provider who prescribes, dispenses or administers medical treatment for the purpose of relieving pain and who can demonstrate by reference to an accepted guideline that the provider's practice substantially complies with that guideline and with the standards of p…

Nothing in the Pain Relief Act shall prohibit discipline or prosecution of a health care provider for: A. failing to maintain complete, accurate and current records documenting the physical examination and medical history of the patient, the basis for the clinical diagnosis of th…

The board shall notify the following persons of the Pain Relief Act and accepted guidelines: A. health care providers under its jurisdiction; and B. a health care provider being investigated by the board in relation to the provider's pain management practices. History: Laws 1999,…

A board shall require non-cancer pain management continuing education as determined by its rules for health care providers under the board's jurisdiction who hold a federal drug enforcement administration registration and licensure to prescribe opioids. History: Laws 2005, ch. 14…

council created; duties. A. The "overdose prevention and pain management advisory council" is created and shall be administratively attached to the department of health. Members of the council shall be appointed by the governor to consist of one representative each from the depar…

Nothing in the Pain Relief Act shall be construed as expanding the authorized scope of practice of health care providers. History: Laws 1999, ch. 126, § 6.

distribute or dispense opioid analgesics. A. A health care provider who prescribes, distributes or dispenses an opioid analgesic for the first time to a patient shall advise the patient on the risks of overdose and inform the patient of the availability of an opioid antagonist. W…

History: Laws 2001, ch. 136, § 1; repealed by Laws 2013, ch. 28, § 1.

History: Laws 2001, ch. 136, § 2; repealed by Laws 2013, ch. 28, § 2.

History: Laws 2001, ch. 136, § 3; repealed by Laws 2013, ch. 28, § 1.

A. The health services division [public health division] of the health and environment department [department of health] shall provide by regulation procedures to establish, maintain, promote and effectuate a program designed to educate the general public and public and private s…

Chapter 24, Article 3B NMSA 1978 may be cited as the "Department of Health Education Act". History: 1978 Comp., § 24-3B-1, enacted by Laws 1978, ch. 211, § 1; 1991, ch. 25, § 27.

As used in the Department of Health Education Act: A. "department" means the department of health; B. "educational appraisal and review committee" means the educational appraisal and review committee as defined in the special education regulations of the state board of education …

A. All school age residents shall be evaluated by the department for purposes of educational placement according to the special education regulations of the state board of education [public education department]. B. Any evaluated school age resident not recommended for placement …

A. There is created the "health and environment department education fund" in the state treasury. B. The fund shall be used solely to provide educational services to institution-bound residents of the state institutions under the authority of the secretary. C. The secretary shall…

prohibited; exception. Each district health officer shall receive the salary prescribed for such position by the state personnel board. The salary shall constitute full authority for the district health officers and they shall receive no other salary payment or fees from any othe…

expenses. A. The board of county commissioners of each county shall provide suitable quarters for: (1) the local public health offices, including office space for the administrative staff, office space for health care personnel and clinic space and waiting space for patients, the…

A. Whenever, in the opinion of the director of the public health division of the department of health, conditions require the employment of persons in addition to the district health officer to properly execute the health laws and regulations in any county, the board of county co…

A. The public health division of the department of health shall, after consultation with the public education department and the early childhood education and care department, promulgate rules governing the immunization against diseases deemed to be dangerous to the public health…

Chapter 24, Article 5 NMSA 1978 may be cited as the "Immunization Act". History: Laws 2004, ch. 45, § 1.

The information contained in the immunization registry shall be used for the following purposes: A. to ensure that the registrants receive all recommended immunizations in a timely manner by providing access to the registrant's immunization record; B. to improve immunization rate…

The secretary of health shall adopt rules for the immunization registry pursuant to the Immunization Act concerning the following: A. the implementation and maintenance of the registry; B. requirements for content and submission of reports of immunization to the registry; C. proc…

Nothing in the immunization registry is intended to affect the obligations of persons to have their children immunized pursuant to the Immunization Act. History: Laws 2004, ch. 45, § 7.

Nothing in the Immunization Act shall preclude the right of the patient, or the patient's parent or guardian if the patient is a minor, to claim exemption from immunization as defined in Section 24-5-3 NMSA 1978; nor shall anything in the Immunization Act require such patient to …

History: Laws 2004, ch. 45, § 9; repealed by Laws 2017, ch. 87, § 31.

Any person reporting, receiving, using or disclosing information to or from the immunization registry as authorized by the Immunization Act or by any rule adopted pursuant to that act shall not be liable for civil damages of any kind connected with such submission, use or disclos…

unimmunized; unlawful to refuse to permit immunization. It is unlawful for any child to enroll in school or a licensed child care or licensed early childhood care program unless the child has been immunized as required under the rules of the public health division of the departme…

A. Any minor child through the child's parent or guardian may file with the health authority charged with the duty of enforcing the immunization laws: (1) a certificate of a licensed physician, a physician assistant or a certified nurse practitioner stating that the physical cond…

It is the duty of each school superintendent, whether of a public, private or parochial school, to cause to be prepared a record showing the required immunization status of every child enrolled in or attending a school under his jurisdiction. These records must be kept current an…

The immunization required by Chapter 24, Article 5 NMSA 1978 may be done by any health care provider who holds a license or certificate pursuant to state law that authorizes him to immunize. If the parents are unable to pay, the immunization shall be provided by the public health…

Violation of any provisions relating to the immunization of school children is a misdemeanor. History: 1953 Comp., § 12-3-4.6, enacted by Laws 1959, ch. 329, § 6.

The department of health, in conjunction with the human services department [health care authority department], shall establish and maintain a state immunization registry. The registry shall be a single repository of accurate, complete and current immunization records to aid, coo…

Physicians, nurses, pharmacists and other health care providers shall report on immunization to the immunization registry unless the patient, or the patient's guardian if the patient is a minor, refuses to allow reporting of this information. History: Laws 2004, ch. 45, § 3; 2005…

Access to the information in the immunization registry shall be limited to primary care physicians, nurses, pharmacists, managed care organizations, school nurses and other appropriate health care providers or public health entities as determined by the secretary of health; provi…

Chapter 24, Article 5A NMSA 1978 may be cited as the "Vaccine Purchasing Act"." History: Laws 2015, ch. 5, § 1; 2025 (1st S.S.), ch. 5, § 3.

As used in the Vaccine Purchasing Act: A. "department" means the department of health; B. "fund" means the vaccine purchasing fund; C. "group health plan" means an employee welfare benefit plan to the extent that the plan provides medical care to employees or their dependents und…