Chapter 24 — Chapter 24

A. The "next generation council" is created. The board shall appoint ten members, at least two from each federal congressional district, who are not employees of the state and who are knowledgeable in the area of positive child and youth development programs. Members serve at the…

It is the purpose of the Children's Trust Fund Act to: A. be a statewide resource that advocates for and educates about the prevention of child abuse and neglect; B. provide the means to develop innovative children's projects and programs that address one or more of the following…

As used in the Children's Trust Fund Act: A. "board" means the children's trust fund board of trustees; B. "children's projects and programs" means projects and programs that provide services to children, including services to their families, consistent with the purposes of the C…

A. The "children's trust fund" is created in the state treasury. The children's trust fund may be used for any purpose enumerated in Section 24-19-2 NMSA 1978. All income received from investment of the fund shall be credited to the fund. No money appropriated to the fund or othe…

A. There is created the "children's trust fund board of trustees" consisting of thirteen nonpartisan members, not employees of the state, knowledgeable in the area of children's programs and representative of multiple, diverse perspectives within the state, who shall be appointed…

Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. History: Laws 1986, ch. 15, § 6.

At least four times a year, the board shall meet upon the call of its chair to take all action necessary or proper for the administration of the Children's Trust Fund Act. The board shall also approve or disapprove proposals submitted and shall base its decision on the proposals'…

and duties. The department shall: A. promulgate rules approved by the board; B. transmit proposals for children's projects and programs to the board and next generation fund projects and programs to the council for evaluation and report on the proposals; C. enter into contracts a…

To carry out the provisions of the Children's Trust Fund Act, the department and the children's trust fund may accept any federal matching funds or grants for children's projects and programs or next generation fund projects and programs. The department may accept donations and b…

appropriation. A. There is created at the university of New Mexico school of medicine a medical trust fund to be administered by the school of medicine. The fund shall consist of balances transferred to the fund from the dedicated health research fund and any other distributions,…

History: Laws 1990, ch. 103, § 1; 1993, ch. 215, § 1; repealed by Laws 1995, ch. 189, § 2.

A. The "brain injury advisory council" is created to advise the governor's commission on disability, the governor, the legislature and other state agencies. B. The brain injury advisory council shall consist of no fewer than eighteen and no more than twenty-four members appointed…

The "amyotrophic lateral sclerosis research fund" is created in the state treasury. The fund shall consist of distributions made to the fund pursuant to the Tax Administration Act [Chapter 7, Article 1 NMSA 1978]. Money in the fund is appropriated to the board of regents of the u…

Chapter 24, Article 21 NMSA 1978 may be cited as the "Genetic Information Privacy Act". History: Laws 1998, ch. 77, § 1; 2015, ch. 156, § 1.

As used in the Genetic Information Privacy Act: A. "DNA" means deoxyribonucleic acid, including mitochondrial DNA, complementary DNA and DNA derived from ribonucleic acid; B. "gene products" means gene fragments, ribonucleic acids or proteins derived from DNA that would be a refl…

exceptions. A. Except as provided in Subsection C of this section, no person shall obtain genetic information or samples for genetic analysis from an individual without first obtaining informed and written consent from the individual or the individual's authorized representative.…

A. Discrimination by an insurer against an individual or member of the individual's family on the basis of genetic analysis, genetic information or genetic propensity is prohibited. B. The provisions of this section do not require a health insurer to provide particular benefits o…

A. Unless otherwise authorized by Subsection C of Section 24-21-3 NMSA 1978, no person shall retain an individual's genetic information, gene products or samples for genetic analysis without first obtaining informed and written consent from the individual or the individual's auth…

A. The attorney general or a district attorney may bring a civil action against a person for violating the provisions of the Genetic Information Privacy Act or to otherwise enforce those provisions. B. An individual whose rights under the provisions of the Genetic Information Pri…

The provisions of the Genetic Information Privacy Act shall apply to genetic analysis performed and genetic information and gene products obtained after May 20, 1998, except that Section 24-21-4 NMSA 1978 and proceedings brought alleging violations of that section shall apply to …

Chapter 24, Article 22 NMSA 1978 may be cited as the "Safe Haven for Infants Act". History: Laws 2001, ch. 31, § 1; 2001, ch. 132, § 1; 2005, ch. 26, § 1.

The purpose of the Safe Haven for Infants Act is to promote the safety of infants and to immunize a parent from criminal prosecution for leaving an infant, ninety days of age or less, at a safe haven site. This act is not intended to abridge the rights or obligations created by t…

As used in the Safe Haven for Infants Act: A. "fire station" means a fire station that is certified by the state fire marshal's office; B. "hospital" means an acute care general hospital or health care clinic licensed by the state; C. "Indian child" means an Indian child as defin…

A. A person may leave an infant with the staff of a safe haven site without being subject to criminal prosecution for abandonment or abuse if the infant was born within ninety days of being left at the safe haven site, as determined within a reasonable degree of medical certainty…

A. A safe haven site shall accept an infant who is left at the safe haven site in accordance with the provisions of the Safe Haven for Infants Act. B. In conjunction with the children, youth and families department, a safe haven site shall develop procedures for appropriate staff…

department. A. The children, youth and families department shall be deemed to have emergency custody of an infant who has been left at a safe haven site according to the provisions of the Safe Haven for Infants Act. B. Upon receiving a report of an infant left at a safe haven sit…

History: Laws 2001, ch. 31, § 6 and Laws 2001, ch. 132, § 6; repealed by Laws 2005, ch. 26, § 8.

A. A person established as a parent of an infant previously left at a safe haven site shall have standing to participate in all proceedings regarding the child pursuant to the provisions of the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978]. B. If a person not previousl…

A safe haven site and its staff are immune from criminal liability and civil liability for accepting an infant in compliance with the provisions of the Safe Haven for Infants Act but not for subsequent negligent medical care or treatment of the infant. History: Laws 2001, ch. 31,…

and administer opioid antagonists; release from liability; rulemaking. A. A person may possess an opioid antagonist, regardless of whether the person holds a prescription for the opioid antagonist. B. Any person acting under a standing order issued by a licensed prescriber may st…

History: Laws 2001, ch. 228, § 2; repealed by Laws 2016, ch. 45, § 4 and Laws 2016, ch. 47, § 4.

naloxone. A. As agency funding and agency supplies of naloxone permit, an opioid treatment center agency operating a federally certified program to dispense methadone or other narcotic replacement as part of a detoxification treatment or maintenance treatment shall provide each p…

This act [24-24-1 to 24-24-4 NMSA 1978] may be cited as the "Child Care Facility Loan Act". History: Laws 2003, ch. 316, § 1.

The purpose of the Child Care Facility Loan Act is to support the physical improvement, repair, safety and maintenance of licensed child care facilities throughout New Mexico by providing long-term, low-interest funding through a revolving loan fund so as to ensure availability o…

As used in the Child Care Facility Loan Act: A. "authority" means the New Mexico finance authority; B. "department" means the early childhood education and care department; C. "facility" means a child care facility operated by a provider, including both family home-based and cent…

A. The "child care facility revolving loan fund" is created in the authority to provide low-interest, long-term loans to providers to make health and safety improvements in their facilities, expand their facilities, create new facilities and for operating capital. The fund shall …

Chapter 24, Article 25 NMSA 1978 may be cited as the "New Mexico Telehealth Act". History: Laws 2004, ch. 48, § 1; 2007, ch. 203, § 1.

A. The legislature finds that: (1) lack of primary care, specialty providers and transportation continue to be significant barriers to access to health services in medically underserved rural areas; (2) there are parts of this state where it is difficult to attract and retain hea…

As used in the New Mexico Telehealth Act: A. "health care provider" means a person licensed to provide health care to patients in New Mexico, including: (1) an optometrist; (2) a chiropractic physician; (3) a dentist; (4) a physician; (5) a podiatric physician; (6) an osteopathic…

The delivery of health care via telehealth is recognized and encouraged as a safe, practical and necessary practice in New Mexico. No health care provider or operator of an originating site shall be disciplined for or discouraged from participating in telehealth pursuant to the N…

A. The New Mexico Telehealth Act does not alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law. B. Because the use of telehealth improves access to quality health ca…

This act [24-26-1 to 24-26-12 NMSA 1978] may be cited as the "Patient Care Monitoring Act". History: Laws 2004, ch. 53, § 1.

The agency shall adopt rules necessary to implement the provisions of the Patient Care Monitoring Act. History: Laws 2004, ch. 53, § 10.

No person or patient shall be denied admission to or discharged from a facility or be otherwise discriminated against or retaliated against because of a choice to authorize installation and use of a monitoring device. Any person who violates this section shall be subject to the p…

Any person other than a patient or surrogate found guilty of intentionally hampering, obstructing, tampering with or destroying a monitoring device or a recording made by a monitoring device installed in a facility pursuant to the Patient Care Monitoring Act is guilty of a fourth…

As used in the Patient Care Monitoring Act: A. "department" means the aging and long-term services department; B. "facility" means a long-term care facility licensed pursuant to the provisions of Section 24-1-5 NMSA 1978, other than an intermediate care facility for individuals w…

A. A patient or a surrogate may authorize installation and use of a monitoring device in a facility provided that: (1) the facility is given notice of the installation; (2) if the monitoring device records activity visually, such recording shall include a record of the date and t…

facility. A. At the time of admission to a facility, a patient shall be offered the option to have a monitoring device, and a record of the patient's authorization or choice not to have a monitoring device shall be kept by the facility and shall be made accessible to the program.…

A. Consent to the authorization for the installation and use of a monitoring device may be given only by the patient or the surrogate. B. Consent to the authorization for the installation and use of a monitoring device shall include a release of liability for the facility for a v…

The form for the authorization of installation and use of a monitoring device shall provide for: A. consent of the patient or the surrogate authorizing the installation and use of the monitoring device; B. notice to the facility of the patient's installation of a monitoring devic…