Chapter 24 — Chapter 24

Chapter 24, Article 10B NMSA 1978 may be cited as the "Emergency Medical Services Act". History: Laws 1983, ch. 190, § 1; 2014, ch. 47, § 1.

The department may bring civil action in any district court to enforce any of the provisions of the Emergency Medical Services Act. History: Laws 1983, ch. 190, § 10.

Any person who willfully summons an ambulance or emergency response vehicle or reports that one is needed when that person knows that the ambulance or emergency response vehicle is not needed is guilty of a petty misdemeanor. History: Laws 1983, ch. 190, § 11.

The academy is designated as the lead emergency medical services training agency. Its duties include: A. administering formal emergency medical services training conducted in New Mexico, other than training provided by other approved emergency medical services training programs; …

A. As used in this section, "STEMI" means ST segment elevation myocardial infarction. B. In accordance with department rules, the department shall certify an acute care hospital as a STEMI receiving center or STEMI referring center if that hospital has been accredited as a STEMI …

The purpose of the Emergency Medical Services Act is to enhance and regulate a comprehensive emergency medical services system in the state as set forth in that act. Nothing in the Emergency Medical Services Act shall be construed to preclude a local emergency medical services sy…

As used in the Emergency Medical Services Act: A. "academy" means an emergency medical services training program administered through the department of emergency medicine of the university of New Mexico school of medicine; B. "advance directive" means a written instruction, such …

The bureau is designated as the lead agency for the emergency medical services system, including injury prevention, and shall establish and maintain a program for regional planning and development, improvement, expansion and direction of emergency medical services throughout the …

A. Any files or records in the possession of the bureau, a regional office or a provider containing identifying information about individuals requesting or receiving treatment or other health services and any unsubstantiated complaints received by the bureau regarding any provide…

Approved emergency medical services training programs for providers are an integral part of the emergency medical services system and the programs shall include: A. improving and expanding emergency medical services within regions through focused emergency medical services educat…

A. Regional offices may be established by the department to assist the bureau to provide regional planning and development, improvement, expansion and direction of emergency medical services and injury prevention in their respective geographic regions. B. Regional offices may pro…

A. The department shall by rule adopt and enforce licensure requirements, including minimum standards for training, continuing education and disciplinary actions consistent with the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], for all persons who provide emergency medical…

A. The secretary shall appoint an "emergency medical services licensing commission", which shall be staffed by the bureau and composed of one lay person, three emergency medical technicians, one from each level of licensure, and three physicians, at least two of whom shall have e…

A. The department is authorized to obtain the criminal history records of applicants and licensees and to exchange fingerprint data directly with the federal bureau of investigation, the department of public safety and any other law enforcement agency or organization. The departm…

A. Notwithstanding the provisions of the Medical Practice Act [Chapter 61, Article 6 NMSA 1978], Sections 61-10-1 [repealed] through 61-10-22 NMSA 1978 or the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978], any person licensed by the bureau may render emergency medical se…

A. The secretary shall appoint a statewide emergency medical services advisory committee to advise the bureau in carrying out the provisions of the Emergency Medical Services Act. The advisory committee shall include, at a minimum, representatives from the state medical society, …

In any claim for civil damages arising out of the provision of emergency medical services by personnel described in Section 24-10B-5 NMSA 1978, those personnel shall be considered health care providers for purposes of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] if the claim…

Nothing in the Emergency Medical Services Act shall prevent fire and rescue services, public safety organizations and other trained units or individuals from rendering emergency first aid to the public commensurate with their training. Nothing in the Emergency Medical Services Ac…

Any person may be transported to an appropriate health care facility by an emergency medical technician, under medical direction, when the emergency medical technician makes a good faith judgment that the person is incapable of making an informed decision about his own safety or …

Sections 1 through 7 [24-10C-1 to 24-10C-7 NMSA 1978] of this act may be cited as the "Cardiac Arrest Response Act". History: Laws 1999, ch. 94, § 1.

A. The legislature finds that: (1) each year more than three hundred fifty thousand Americans die from out- of-hospital sudden cardiac arrest; (2) the American heart association estimates that more than twenty thousand deaths could be prevented each year if early defibrillation w…

As used in the Cardiac Arrest Response Act: A. "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 administ…

A person that acquires an automated external defibrillator shall ensure that: A. a trained targeted responder is designated to oversee all aspects of the automated external defibrillator program, including training, emergency medical services coordination, protocol approval and a…

A person may acquire an automated external defibrillator if the person has met all the requirements of Section 24-10C-4 NMSA 1978. Nothing in this section limits the right of a person to practice a health profession that the person is otherwise authorized to practice in accordanc…

Nothing in the Cardiac Arrest Response Act precludes a physician or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice from prescribing an automated external defibrillator to a patient for use by the…

A. The following persons who render emergency care or treatment by the use of an automated external defibrillator pursuant to the provisions of the Cardiac Arrest Response Act shall not be subject to civil liability, provided that they have acted with reasonable care and in compl…

This act [24-10D-1 to 24-10D-5 NMSA 1978] may be cited as the "Sexual Assault Survivors Emergency Care Act". History: Laws 2003, ch. 91, § 1.

As used in the Sexual Assault Survivors Emergency Care Act: A. "department" means the department of health; B. "emergency care for sexual assault survivors" means medical examinations, procedures and services provided by a hospital to a sexual assault survivor following an allege…

care. A. A hospital that provides emergency care for sexual assault survivors shall: (1) provide each sexual assault survivor with medically and factually accurate and objective written and oral information about emergency contraception; (2) orally and in writing inform each sexu…

No later than September 30, 2003: A. a hospital shall ensure that all personnel who provide care to sexual assault survivors are trained to provide medically and factually accurate and objective information about emergency contraception; and B. the department shall adopt rules re…

A. Complaints of failure to provide services required by the Sexual Assault Survivors Emergency Care Act may be filed with the department. B. The department shall immediately investigate every complaint it receives regarding failure of a hospital to provide services required by t…

This act [24-10E-1 to 24-10E-7 NMSA 1978] may be cited as the "Trauma System Fund Authority Act". History: Laws 2006, ch. 13, § 1.

The purpose of the Trauma System Fund Authority Act is to provide funding to sustain existing trauma centers, support the development of new trauma centers and develop a statewide trauma system. History: Laws 2006, ch. 13, § 2.

As used in the Trauma System Fund Authority Act: A. "authority" means the trauma system fund authority; B. "department" means the department of health; C. "fund" means the trauma system fund; D. "secretary" means the secretary of health; and E. "statewide trauma system" means a c…

A. The "trauma system fund authority" is created. The authority is administratively attached to the department. B. The authority shall consist of at least nine members, all of whom shall be appointed by and serve at the pleasure of the governor. The membership of the authority sh…

The authority shall: A. develop criteria by which distribution of funds to existing trauma centers and potential new centers will occur; B. receive applications and determine and monitor the actual distribution of money from the fund that will support the development of a statewi…

A. The "trauma system fund" is created in the state treasury. The fund shall consist of money appropriated and transferred to the fund, money received by the authority from any public or private source and tax revenues distributed to the fund by law. Interest earned on investment…

The department shall promulgate rules to carry out the provisions of the Trauma System Fund Authority Act. History: Laws 2006, ch. 13, § 7.

compensation. There is created the "board of medical investigators", consisting of the dean of the university of New Mexico school of medicine, the secretary of health, the chief of the New Mexico state police, the chair of the board of funeral services and the secretary of India…

A. It is unlawful to: (1) willfully and without good cause neglect or refuse to report a death to law enforcement authorities or the office of the state or district medical investigator as required by law; or (2) willfully and unnecessarily touch, remove or disturb any dead body …

A. The board of medical investigations [investigators] shall meet at least annually and as often as necessary to conduct the business of the board. Additional meetings may be called by the chairman or by a majority of the members of the board. B. At the first annual meeting of th…

A. The state medical investigator shall be a physician licensed to practice in New Mexico. Insofar as practicable, the medical investigator shall be trained in the fields of pathology and forensic medicine. B. The state medical investigator shall maintain his office at the school…

As used in the New Mexico Statutes Annotated, 1978 Compilation, "coroner" means the district medical investigator. History: 1953 Comp., § 15-43-43.1, enacted by Laws 1971, ch. 112, § 10.

When any person comes to a sudden, violent or untimely death or is found dead and the cause of death is unknown, anyone who becomes aware of the death shall report it immediately to law enforcement authorities or the office of the state or district medical investigator. The publi…

A. If, after viewing the body, notifying the law enforcement agency with jurisdiction and making an investigation, the state or district medical investigator is satisfied that the death was not caused by criminal act or omission and that there are no suspicious circumstances abou…

consultation and certification required. A. The state medical investigator shall make reasonable efforts to determine if a deceased person is a member of a federally recognized Indian nation, tribe or pueblo. If a deceased person has been determined to be a member of a federally …

If the deceased is unidentified, the state, district or deputy medical investigator may order the body fingerprinted and photographed. When the state, district or deputy medical investigator suspects a death was caused by a criminal act or omission or if the cause of death is obs…

The state or district medical investigator shall promptly report his findings, or the findings of a deputy medical investigator that has performed an investigation under his direction, to the district attorney in each death investigated. Upon request of the district attorney, the…

The state, district or deputy medical investigator may administer oaths and may issue a subpoena to compel the attendance and production of evidence by any necessary witness and the subpoena may be enforced in the district court. Any subpoena shall be served without cost by the s…

of person designated on record of emergency data form to direct burial; unclaimed decedents. A. As used in this section: (1) "due diligence" means the reasonable steps taken to satisfy the legal requirement relating to the disposition of dead bodies, including attempts to identif…