Chapter 24, Chapter 24

A person who, in violation of Section 24-1-9.4 NMSA 1978, makes an unauthorized disclosure of the results of a test designed to identify a sexually transmitted infection is guilty of a petty misdemeanor and shall be sentenced to imprisonment in the county jail for a definite term…

This act [24-1A-1 to 24-1A-3, 24-1A-4 NMSA 1978] may be cited as the "Rural Primary Health Care Act". History: Laws 1981, ch. 295, § 1.

The purpose of the Rural Primary Health Care Act is to recruit and retain health care personnel and assist in the provision of primary health care services through eligible programs in underserved areas of the state in order to better serve the health needs of the public. History…

As used in the Rural Primary Health Care Act: A. "health care underserved areas" means a geographic area in which it has been determined by the department of health, through the use of indices and other standards set by the department, that sufficient primary health care is not b…

To the extent funds are made available for the purposes of the Rural Primary Health Care Act, the department is authorized to: A. provide for a program to recruit and retain health care personnel in health care underserved areas; B. develop plans for and coordinate the efforts of…

Subject to the State Rules Act [Chapter 14, Article 4 NMSA 1978], the department shall adopt rules and regulations for recruiting health care personnel in health care underserved areas, and shall establish a formula for distribution of financial assistance to eligible programs wh…

Chapter 24, Article 1C NMSA 1978 may be cited as the "Primary Care Capital Funding Act". History: Laws 1994, ch. 62, § 7; 1997, ch. 230, § 1.

The department and the authority shall report jointly to the governor and the legislature by December 1 of each year on the primary care capital funding program. History: Laws 1994, ch. 62, § 16.

The purpose of the Primary Care Capital Funding Act is to provide funding for capital projects to eligible entities in order to increase health care services in rural and other health care underserved areas in the state. History: Laws 1994, ch. 62, § 8.

As used in the Primary Care Capital Funding Act: A. "authority" means the New Mexico finance authority; B. "capital project" means acquisition, repair, renovation or construction of a facility; purchase of land; acquisition of capital equipment of a long-term nature; or acquisiti…

A. The "primary care capital fund" is created as a revolving fund in the authority. The fund shall consist of appropriations, loan repayments, gifts, grants, donations and interest earned on investment of the fund. A separate account shall be maintained for appropriations, loan r…

The authority shall adopt rules to administer and implement the provisions of the Primary Care Capital Funding Act, including providing for: A. the determination of rural or other health care underserved areas of the state in which eligible entities may receive loans or contracts…

A. The department and the authority shall administer the loan programs and contracts for services established pursuant to the provisions of the Primary Care Capital Funding Act. The department and authority shall: (1) enter into joint powers agreements with each other or other ap…

If an eligible entity that has received a loan or contract for services for a capital project ceases to maintain its nonprofit status or ceases to deliver primary care services at the site of the capital project for twelve consecutive months, the authority may pursue the remedies…

This act [24-1D-1 to 24-1D-10 NMSA 1978] may be cited as the "Health Service Corps Act". History: Laws 1994, ch. 63, § 1.

If a health professional whom the corps deems qualified to serve does not serve or serves only a portion of his service obligation, he is subject to a penalty of three times the amount of the total commitment stipend, plus eighteen percent interest per year. The corps shall provi…

As used in the Health Service Corps Act: A. "corps" means the New Mexico health service corps; B. "department" means the department of health; C. "health professional" means a physician, physician assistant, nurse practitioner, nurse-midwife, emergency medical technician-paramedi…

powers and duties. A. The "New Mexico health service corps" is created in the department to recruit and place health professionals in rural and other medically underserved areas. The secretary of health may employ a medical director to head the corps. The medical director may emp…

The corps may require a community or practice site to pay the costs associated with providing corps health professionals in the community. The corps may allow in-kind contributions as partial or complete payment. The corps may negotiate with the community on the amount of money o…

A. The corps may provide commitment stipends to potential health professionals who agree to serve in the corps for at least two years. Commitment stipends shall be determined by the department within available revenue. B. Nothing in the Health Service Corps Act prohibits the corp…

A. All corps health professionals shall be licensed or certified to practice in New Mexico. If the corps determines that a person does not meet the corps' standards for service, that person shall not serve as a corps health professional. B. Prior to service, the corps shall evalu…

Service in the corps may be used to satisfy service requirements pursuant to the provisions of state educational loan-for-service programs. History: Laws 1994, ch. 63, § 7.

The corps may contract with other agencies to assist it in paying stipends and collecting money owed pursuant to contract provisions or penalties. History: Laws 1994, ch. 63, § 8.

The office of general counsel of the department of health shall provide legal services to the corps. The general form of stipend contracts entered into pursuant to the provisions of the Health Service Corps Act shall be approved by a special assistant attorney general employed by…

This act [24-1F-1 to 24-1F-6 NMSA 1978] may be cited as the "Billy Griego HIV and AIDS Act". History: Laws 2005, ch. 6, § 1.

The purpose of the Billy Griego HIV and AIDS Act is to ensure that consumers are the focus of the funding and services provided and their consideration is to be the determining factor in all the state's human immunodeficiency virus and acquired immune deficiency syndrome programs…

The department of health shall serve as the state's human immunodeficiency virus and acquired immune deficiency syndrome service coordinator among all state agencies, providing direct and contract education and prevention and treatment services for eligible persons, subject to th…

A. There is created at the department of health a "medical advisory committee" to consist of seven members, chaired by the department's chief medical officer or the officer's designee. Committee membership shall consist of four physicians and two consumers with current experience…

An independent "constituent services program" is created. The program shall review all fiscal matters and record and review all complaints and requests for services that come to its attention about public programs and services for persons living with the human immunodeficiency vi…

A. The department of health shall provide an annual report on activities and expenditures conducted pursuant to the Billy Griego HIV and AIDS Act. The report shall be submitted no later than December 15 to the legislature and the governor. B. The department of health shall develo…

As used in the New Mexico Telehealth and Health Information Technology Commission Act: A. "commission" means the New Mexico telehealth and health information technology commission; B. "health information technology" means products, devices or systems that allow for the secure ele…

commission created; powers and duties; membership. A. The "New Mexico telehealth and health information technology commission" is created. The commission is administratively attached to the department of health, which shall work in conjunction with the New Mexico health policy co…

This act [24-1H-1 to 24-1H-5 NMSA 1978] may be cited as the "Bernalillo County Off-Reservation Native American Health Commission Act". History: Laws 2008, ch. 79, § 1.

As used in the Bernalillo County Off-Reservation Native American Health Commission Act: A. "commission" means the off-reservation Native American health commission; B. "department" means the department of health; C. "New Mexico tribe" means an Indian nation, tribe or pueblo locat…

commission created; membership. A. The board of county commissioners of Bernalillo county may create the "Bernalillo county off-reservation Native American health commission" and appoint nine commission members for staggered three-year terms after soliciting nominations for its m…

The goals of the commission may include: A. within two years of being named, creation of an initial off-reservation Native American health care plan that includes: (1) an estimate of the number and tribal affiliation of Native Americans living in the off-reservation urban area; (…

implementation. A. The secretary may contract for services as recommended by the commission, unless the secretary enters an objection with the commission, detailing reasons why recommended services are not in keeping with the initial off-reservation Native American health care pl…

This act [24-1J-1 to 24-1J-6 NMSA 1978] may be cited as the "County and Tribal Health Councils Act". History: Laws 2019, ch. 57, § 1.

The purpose of the County and Tribal Health Councils Act is to improve the health of New Mexicans by encouraging the development of comprehensive, community-based health planning councils to identify and address local health needs and priorities. History: Laws 2019, ch. 57, § 2.

As used in the County and Tribal Health Councils Act: A. "board" means the board of county commissioners of a county or leadership of a tribe; B. "department" means the department of health; C. "health council" means a county or tribal health council; D. "jurisdiction" means a co…

A. Residents of a jurisdiction may create a county or tribal health council to carry out the provisions of the County and Tribal Health Councils Act; provided that: (1) a board shall recognize only a single health council for its jurisdiction; and (2) two or more boards may colla…

A. A health council shall prepare a community health plan, updated at regular intervals. A health council shall report its community health plan to the board and to the department. B. Each community health plan shall include: (1) a county or tribal health assessment and inventory…

The department shall: A. in consultation with health councils, develop benchmarks, expectations and mechanisms to ensure the long-term viability of health councils; B. in collaboration with universities, other state agencies and other public health entities, provide training, tec…

The public health division of the department of health has authority to establish, administer and supervise activities to children who have a physical disability or whose condition may become a disability. The public health division also may supervise the administration of those …

This act [24-2A-1 to 24-2A-3 NMSA 1978] may be cited as the "Theodore R. Montoya Memorial Hemophilia Program Act". History: Laws 1980, ch. 26, § 1.

As used in the Theodore R. Montoya Memorial Hemophilia Program Act: A. "blood products" means certain components or factors obtained from whole blood which when periodically administered to persons suffering from hemophilia result in relief or control of the disease; B. "eligible…

A. There is created in the state treasury the "hemophilia fund". B. The fund shall be administered by the university and shall be used solely to provide hemophilia program services to eligible patients. The university may expend and distribute funds to: (1) the university of New …

Chapter 24, Article 2B NMSA 1978 may be cited as the "Human Immunodeficiency Virus Test Act". History: Laws 1989, ch. 227, § 1; 1993, ch. 107, § 1.

No person shall perform a test designed to identify the human immunodeficiency virus or its antigen or antibody without first obtaining the informed consent of the person upon whom the test is performed, except as provided in Section 24-2B-5, 24-2B-5.1, 24- 2B-5.2 or 24-2B-5.3 NM…

Informed consent shall be obtained from a legal guardian or other person authorized by law when the person is not competent. A minor shall have the capacity to give informed consent to have the human immunodeficiency virus test performed on himself. History: Laws 1989, ch. 227, §…