Chapter 24 — Chapter 24

Sections 9 through 22 [24-7D-1 to 24-7D-14 NMSA 1978] of this act may be cited as the "Supported Decision-Making Act". History: Laws 2025, ch. 84, § 9.

agreement. A person who receives an original or a copy of a supported decision-making agreement shall rely on the agreement, unless the person suspects abuse, neglect or exploitation and makes a report pursuant to Section 21 [24-7D-13 NMSA 1978] of this 2025 act. History: Laws 20…

supporter. A decision or request made or communicated with the assistance of a supporter in conformity with the Supported Decision-Making Act shall be recognized for the purposes of any provision of law as the decision or request of the decision-maker. History: Laws 2025, ch. 84,…

termination or revocation of agreement. A. Except as provided by Subsection B of this section, the supported decision- making agreement extends until terminated by either party or by the terms of the agreement. B. The supported decision-making agreement is terminated as to a part…

If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement has cause to believe that the decision-maker is being abused, neglected or exploited by the supporter, the person shall report the allege…

duties. A. The "supported decision-making program" is created within the office of guardianship in the developmental disabilities council. B. The supported decision-making program may: (1) provide information to adults interested in entering into supported decision-making agreeme…

As used in the Supported Decision-Making Act: A. "adult" means a person who is at least eighteen years of age; B. "decision-maker" means an adult who seeks to enter, or has entered, into a supported decision-making agreement with one or more supporters pursuant to the Supported D…

agreements. A decision-maker may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with one or more supporters under which the decision-maker authorizes the supporter to do any or all of the following: A. provide decision-making su…

A. A supported decision-making agreement shall be in a form promulgated by the supreme court that shall: (1) be in writing; (2) be dated; (3) be signed voluntarily, without coercion or undue influence, by the decision- maker and the supporter; (4) designate a supporter; (5) list …

A. All decision-makers are presumed to have capacity until such time as the decision-maker's primary care practitioner and one other qualified health professional with training and experience in the assessment of functional impairment, or a court, determine that the decision-make…

A. A supporter shall: (1) act in good faith; (2) act with the care, competence and diligence ordinarily exercised by a reasonable person in similar circumstances; (3) act only within the scope of authority granted in the supported decision- making agreement; (4) not engage in sel…

The following persons are disqualified from acting as a supporter: A. an individual who is the subject of a civil or criminal order prohibiting contact with the decision-maker; B. an individual who has been placed on the state's employee abuse registry; C. an individual who has b…

If a supporter assists a decision-maker in accessing, collecting or obtaining personal information, including financial information, protected health information under the federal Health Insurance Portability and Accountability Act of 1996 or educational records under the federal…

The existence of a supported decision-making agreement does not preclude a decision-maker from seeking personal information without the assistance of the supporter. History: Laws 2025, ch. 84, § 17.

This act [24-8-1 to 24-8-8 NMSA 1978] may be cited as the "Family Planning Act". History: 1953 Comp., § 12-30-1, enacted by Laws 1973, ch. 107, § 1.

As used in the Family Planning Act: A. "contraceptive procedures" means any medically accepted procedure to prevent pregnancy; B. "family planning services" includes contraceptive procedures and services (diagnosis, treatment, supplies and follow-up), social services, educational…

A. The legislature finds that: (1) family planning has been recognized as an essential component of standard health care and has been recognized nationally and internationally as a universal human right; (2) continuing population growth causes or aggravates many social, economic …

certain health care professionals. The Family Planning Act does not prohibit or inhibit any person from refusing to provide any family planning service on the grounds that there are valid medical reasons for the refusal and that those reasons are based upon the judgment of a phys…

requirements as prerequisites for receipt of requested family planning services. Neither the state, its local governmental units nor any health facility furnishing family planning services shall subject any person to any standard or requirement as a prerequisite to the receipt of…

compliance required as condition of licensure; prohibition against certain policies of health facilities, state and local governmental units. A. No health facility shall include in its bylaws or other governing policy statement a statement that: (1) interferes with the physician-…

certain services to medically indigent persons free of charge and to other persons at a cost consistent with their ability to pay. To the extent that public funds are available, in any family planning services program operated by the state and its governmental units and in any fa…

Any family planning services program developed or operated by the state or its local governmental units shall be developed and operated in coordination with other public and private family planning services programs existing in the state. History: 1953 Comp., § 12-30-8, enacted b…

Any person, otherwise capable of consenting to medical treatment, need not obtain the consent of his spouse for his voluntary medical sterilization if such person has been abandoned by his spouse. History: 1953 Comp., § 12-3-43, enacted by Laws 1971, ch. 14, § 3; 1973, ch. 266, §…

As used in the Maternal, Fetal and Infant Experimentation Act: A. "viability" means that stage of fetal development when the unborn child is potentially able to live outside the mother's womb, albeit with artificial aid; B. "conception" means the fertilization of the ovum of a hu…

A. No woman, known to be pregnant according to generally accepted medical standards, shall be involved as a subject in any clinical research activity unless: (1) the purpose of the activity is to meet the health needs of the mother or the fetus and the fetus will be placed at ris…

A. No fetus shall be involved as a subject in any clinical research activity unless the purpose of the activity is to meet the health needs of the particular fetus and the fetus will be placed at risk only to the minimum extent necessary to meet such needs or no significant risk …

A. No live-born infant shall be involved as a subject in any clinical research activity unless the purpose of the activity is to meet the health needs of that particular infant, and the infant will be placed at risk only to the minimum extent necessary to meet such needs or no si…

A. No clinical research activity involving fetuses, live-born infants or pregnant women shall be conducted unless: (1) appropriate studies on animals and nonpregnant human beings have been completed; (2) anyone engaged in conducting the research activity will have no part in: (a)…

Whoever knowingly and willfully violates the provisions of Section 2, 3 or 4 [24-9A-2, 24-9A-3 or 24-9A-4 NMSA 1978] of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail for a definite term of less than one …

Sections 1 through 7 [24-9A-1 to 24-9A-7 NMSA 1978] of this act may be cited as the "Maternal, Fetal and Infant Experimentation Act". History: Laws 1979, ch. 132, § 7. ARTICLE 10 Consent to Medical Care; Emergency Care; Transfusions

Notwithstanding any other provision of the law, and without limiting cases in which consent may otherwise be obtained or is not required, any emancipated minor or any minor who has contracted a lawful marriage may give consent to the furnishing of hospital, medical and surgical c…

parentis. Notwithstanding any other provision of the law, in cases of emergency in which a minor is in need of immediate hospitalization, medical attention or surgery and the parents of the minor cannot be located for the purpose of consenting thereto, after reasonable efforts ha…

emergency care; release from liability. No person who comes to the aid or rescue of another person by providing care or assistance in good faith at or near the scene of an emergency, as defined in Section 24- 10-4 NMSA 1978, shall be held liable for any civil damages as a result …

As used in Sections 24-10-3 and 24-10-4 NMSA 1978, "emergency" means an unexpected occurrence of injury or illness occurring in public or private places to a person that results from: A. motor vehicle accidents and collisions; B. acts of God; and C. other accidents and events of …

The procuring, furnishing, donating, processing, distributing or using of human whole blood, plasma, blood products, blood derivatives, human tissue or organs or any component thereof shall not give rise to any implied warranties of any type, and the doctrine of strict tort liabi…

A. A minor who is at least seventeen years of age may donate blood to a licensed, accredited or approved blood bank, storage facility or hospital without parental consent. B. A minor shall not receive monetary payment from a licensed, accredited or approved blood bank, storage fa…

Chapter 24, Article 10A NMSA 1978 may be cited as the "Emergency Medical Services Fund Act". History: 1978 Comp., § 24-10A-1, enacted by Laws 1978, ch. 178, § 1; 1987, ch. 246, § 1.

A municipality, county or local recipient that the bureau finds has expended money in violation of the Emergency Medical Services Fund Act may be ineligible to receive funding from the bureau for a period of not less than one year or more than three years, as determined by the bu…

The purpose of the Emergency Medical Services Fund Act is to make money available to municipalities and counties for use in the establishment and enhancement of local emergency medical services, statewide emergency medical services and trauma services in order to reduce injury an…

As used in the Emergency Medical Services Fund Act: A. "bureau" means the emergency medical systems bureau of the department; B. "committee" means the statewide emergency medical services advisory committee appointed pursuant to the provisions of Section 24-10B-7 NMSA 1978; C. "d…

A. The "emergency medical services fund" is created in the state treasury. Money in the fund shall not revert at the end of any fiscal year. Money appropriated to the fund or accruing to it through distributions, gifts, grants, fees or bequests shall be deposited in the fund. Int…

The department shall adopt regulations pursuant to Subsection E of Section 9-7-6 NMSA 1978 to carry out the provisions of the Emergency Medical Services Fund Act. History: Laws 1994, ch. 61, § 13.

A. The "local emergency medical services funding program" is created. The program shall provide for the: (1) establishment or enhancement of local emergency medical services, including the use of advanced technology equipment; (2) operational costs other than salaries and benefit…

projects. A. Applications for emergency medical services system improvement projects shall be submitted separately from applications for the local emergency medical services funding program. The bureau shall award emergency medical services system improvement projects after a rev…

response plans. Municipalities, counties, tribes and local recipients may develop mutual aid agreements and regionalized, integrated response plans with other municipalities, counties, tribes and local recipients for the purpose of ensuring that adequate emergency medical service…

The bureau shall promptly notify each municipality and county that has applied for money and the local recipient of the bureau's determination to grant or deny an application for funding through the local emergency medical services funding program. A municipality or county may ap…

On or before August 31, the local emergency medical services funding program distribution shall be made to each municipality and county as determined by the department. No more than one percent of the amount appropriated to the local emergency medical services funding program sha…

Any money distributed from the fund for the purposes of the local emergency medical services funding program shall be expended only for those purposes. History: 1978 Comp., § 24-10A-7, enacted by Laws 1978, ch. 178, § 7; 1979, ch. 141, § 3; 1987, ch. 246, § 7; 1994, ch. 53, § 1; …

Money distributed from the fund shall be expended only for the purposes stated in the application to the bureau and shall be expended on the authorization of the chief executive of the municipality or county upon vouchers issued by its treasurer. History: 1978 Comp., § 24-10A-8, …

The bureau and its designated agents have the authority at all normal hours of operation to enter in and upon all buildings and premises where emergency medical services vehicles, equipment and supplies acquired with expenditures from the fund are located for the purposes of exam…