Chapter 24, Chapter 24

analysis; recruitment planning; strategic plan for improving health care access; work force survey. The chancellor for health sciences of the university of New Mexico shall convene a health care work force work group that includes representatives of health care consumers; health …

Chapter 24, Article 15 NMSA 1978 may be cited as the "Ski Safety Act". History: 1953 Comp., § 12-16-1, enacted by Laws 1969, ch. 218, § 1; recompiled as 1953 Comp., § 12-28-1, by Laws 1972, ch. 51, § 9; 1979, ch. 279, § 1.

A. It is recognized that skiing as a recreational sport is inherently hazardous to skiers, and it is the duty of each skier to conduct himself carefully. B. A person who takes part in the sport of skiing accepts as a matter of law the dangers inherent in that sport insofar as the…

Any ski area operator shall be liable for loss or damages caused by the failure to follow the duties set forth in Sections 24-15-7 and 24-15-8 NMSA 1978 where the violation of duty is causally related to the loss or damage suffered, and shall continue to be subject to liability i…

Any passenger shall be liable for loss or damages resulting from violations of the duties set forth in Section 24-15-9 NMSA 1978, and shall not be able to recover from the ski area operator for any losses or damages where the violation of duty is causally related to the loss or d…

Any skier shall be liable for loss or damages resulting from violations of the duties set forth in Section 24-15-10 NMSA 1978, and shall not be able to recover from the ski area operator for any losses or damages where the violation of duty is causally related to the loss or dama…

A. Unless a ski area operator is in violation of the Ski Safety Act, with respect to the skiing area and ski lifts, and the violation is a proximate cause of the injury complained of, no action shall lie against such ski area operator by any skier or passenger or any representati…

A. In order to safeguard life, health, property and the welfare of this state, it is the policy of New Mexico to protect its citizens and visitors from unnecessary hazards in the operation of ski lifts and passenger aerial tramways and to require liability insurance to be carried…

As used in the Ski Safety Act: A. "ski lift" means any device operated by a ski area operator used to transport passengers by single or double reversible tramway, chair lift or gondola lift, T-bar lift, J- bar lift, platter lift or similar device or a fiber rope tow; B. "passenge…

A. Every ski area operator shall file with the department of transportation and keep on file with the department proof of financial responsibility in the form of a current insurance policy in a form approved by the department, issued by an insurance company authorized to do busin…

Any operator convicted of operating a ski lift or aerial passenger tramway without having obtained and kept in force an insurance policy as required by the Ski Safety Act is guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500) for each day of …

Provisions of the Ski Safety Act are in lieu of all other regulations, registration or licensing requirements for ski areas, ski lifts and tramways. Ski lifts and tramways shall not be construed to be common carriers within the meaning of the laws of New Mexico. History: 1953 Com…

Every ski area operator shall have the following duties with respect to the operation of a skiing area: A. to mark all snow-maintenance vehicles and to furnish such vehicles with flashing or rotating lights, which shall be in operation whenever the vehicles are working or are in …

Every ski area operator has the duty to operate, repair and maintain all ski lifts in safe condition. The ski area operator, prior to December 1 of each year, shall certify to the department of transportation the policy number and name of the company providing liability insurance…

Every passenger shall have the duty to conduct himself carefully and not to: A. board or embark upon or disembark from a ski lift except at an area designated for such purpose; B. drop, throw or expel any object from a ski lift; C. do any act which shall interfere with the runnin…

This act [24-15A-1 to 24-15A-6 NMSA 1978] may be cited as the "Search and Rescue Act". History: 1978 Comp., § 24-15A-1, enacted by Laws 1978, ch. 107, § 1.

It is the purpose of the Search and Rescue Act: A. to prepare, organize and coordinate efforts of federal, state and local governmental agencies and volunteer organizations for prompt and efficient search, location, rescue, recovery, care and treatment of persons lost, entrapped …

As used in the Search and Rescue Act: A. "search and rescue" or "SAR" means the employment, coordination and utilization of available resources and personnel in locating, relieving the distress and preserving the lives of and removing survivors from the site of a disaster, emerge…

created. A. The position of "state search and rescue resource officer" is created within the department of public safety. B. The state search and rescue resource officer shall be a noncommissioned employee. C. The state search and rescue resource officer shall be the chief admini…

duties. The state search and rescue resource officer shall, with the approval of the director: A. compile, maintain and disseminate an inventory of resources available in the state; B. compile, maintain and disseminate rosters of persons, agencies and organizations available for …

membership; duties and responsibilities; terms. A. There is created a policy advisory committee, to be known as the "state search and rescue review board", whose duty it is to evaluate the operation of the New Mexico search and rescue plan; evaluate problems of specific missions;…

and rescue criteria. A. The state SAR resource officer, in consultation with local, state, federal and tribal emergency responders, search and rescue volunteer organizations and the board, shall establish standardized criteria for notifying the state SAR control agency of a SAR e…

agencies with relevant emergency response jurisdiction. After being notified of a SAR emergency, the state SAR control agency shall promptly notify the entity that requested assistance and other appropriate authorities having jurisdiction, including affected land management agenc…

Chapter 24, Article 16 NMSA 1978 may be cited as the "Dee Johnson Clean Indoor Air Act". History: Laws 1985, ch. 85, § 1; 2007, ch. 20, § 1.

Notwithstanding any other provision of the Dee Johnson Clean Indoor Air Act, smoking-permitted areas include the following: A. a private residence, unless it is used commercially to provide child care, adult care or health care or any combination of those activities; B. a retail …

ventilation systems. Smoking is prohibited near entrances, windows and ventilation systems of all workplaces and public places where smoking is prohibited by the Dee Johnson Clean Indoor Air Act. An individual who owns, manages, operates or otherwise controls the use of a premise…

A. Employers shall provide that their places of employment meet the requirements of the Dee Johnson Clean Indoor Air Act. B. An employer shall adopt, implement, post and maintain a written smoking policy pursuant to the Dee Johnson Clean Indoor Air Act. History: Laws 2007, ch. 20…

A. To advise persons of the existence of smokefree areas or smoking-permitted areas, signs shall be posted as follows: (1) for each indoor workplace or indoor public place where smoking is prohibited pursuant to the Dee Johnson Clean Indoor Air Act, a "NO SMOKING" sign shall be p…

A. The local fire, police or sheriff's department with appropriate jurisdiction over the location where a violation of the provisions of the Dee Johnson Clean Indoor Air Act occurs shall enforce that act by issuance of a citation. B. A person may register a complaint regarding an…

It is unlawful for a person who owns, manages, operates or otherwise controls the use of premises subject to regulation under the Dee Johnson Clean Indoor Air Act to violate its provisions. The owner, manager or operator of premises subject to regulation under the Dee Johnson Cle…

A person eighteen years of age or older who violates a provision of the Dee Johnson Clean Indoor Air Act is subject to: A. a fine not to exceed one hundred dollars ($100) for the first violation of that act; B. a fine not to exceed two hundred dollars ($200) for the second violat…

A. A person or employer shall not discharge, refuse to hire or in any manner retaliate against an employee, applicant for employment or patron because that employee, applicant or patron exercises any rights afforded by the Dee Johnson Clean Indoor Air Act or reports or attempts t…

The legislature finds and declares that the smoking of tobacco, or any other weed or plant, is a positive danger to health and a health hazard to those who are present in enclosed places and that smoking in such areas should be confined to designated smoking areas. The legislatur…

Nothing in the Dee Johnson Clean Indoor Air Act shall be construed to preempt or in any manner preclude specific provisions of a county or municipal smoking ordinance; provided that the smokefree provisions of such a county or municipal ordinance are inclusive of all minimum stan…

As used in the Dee Johnson Clean Indoor Air Act: A. "bar" means an establishment that is devoted to the selling or serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of those beverages, …

A. It is unlawful for a person to smoke in any indoor workplace or indoor public place or in buses, taxicabs or other means of public transit not specifically exempted pursuant to the Dee Johnson Clean Indoor Air Act. B. No part of the state capitol or capitol north shall be desi…

Chapter 24, Article 17 NMSA 1978 may be cited as the "Continuing Care Act". History: Laws 1985, ch. 102, § 1; 2010, ch. 88, § 1.

A. Whenever the attorney general has reasonable belief that any person is violating or is about to violate any provision of the Continuing Care Act, or any regulation promulgated pursuant to that act, and that proceedings would be in the public interest, the attorney general may …

A. The provisions of the Continuing Care Act apply equally to for-profit and nonprofit provider organizations and shall be construed as the minimum requirements to be imposed upon any person offering or providing continuing care. B. The provisions of the Continuing Care Act do no…

A provider shall adopt and follow a written policy establishing the procedure and criteria applicable when deciding to transfer residents from one level of care to another. History: Laws 1991, ch. 263, § 1.

A. Residents have the right to organize a resident association and to engage in concerted activities for the purpose of keeping themselves informed of the operation of the facility or for the purpose of other mutual aid or protection. A provider shall take appropriate steps to en…

Retaliatory conduct by a provider or any person acting on the provider's behalf against a resident for lawful efforts to secure or enforce his legal rights as a resident is a violation of the Continuing Care Act. History: Laws 1991, ch. 263, § 3.

A. Residents, as a class or otherwise, may bring an action in a court of competent jurisdiction to recover actual and punitive damages for injury resulting from a violation of the Continuing Care Act. B. The court may award reasonable attorneys' fees and costs to the prevailing p…

A. The aging and long-term services department shall review disclosure statements filed pursuant to the Continuing Care Act for compliance with that act. B. If the aging and long-term services department determines that a person or an organization has engaged in or is about to en…

The aging and long-term services department shall promulgate all rules and regulations necessary or appropriate to administer the provisions of the Continuing Care Act. History: Laws 1991, ch. 263, § 6; 2010, ch. 88, § 8; 2021, ch. 56, § 5.

A. A person may report an alleged violation of the Continuing Care Act or rules promulgated pursuant to that act to the attorney general or to the aging and long-term services department. B. Any time after the aging and long-term services department issues a notice of violation, …

A. The legislature finds that continuing care communities are an important and growing alternative for the provision of long-term residential, social and health maintenance needs for the elderly; however, the legislature also finds that severe consequences to residents may result…

As used in the Continuing Care Act: A. "affiliate" means a person having a five percent or greater interest in a provider; B. "community" means a retirement home, retirement community, home for the aged or other place that undertakes to provide continuing care; C. "continuing car…

A. A provider shall furnish a current annual disclosure statement that meets the requirements set forth in Subsection B of this section and the aging and long-term services department's and attorney general's consumer's guide to continuing care communities to each actual resident…

A. A provider is responsible for ensuring that a continuing care contract is written in clear and understandable language. B. A continuing care contract shall, at a minimum: (1) describe the community's admission policies, including age, health status and minimum financial requir…