Chapter 24 — Chapter 24

A. In any civil action against the facility, material obtained through the use of a monitoring device may not be used if the monitoring device was installed or used without the knowledge of the facility or without the prescribed form. B. Compliance with the provisions of the Pati…

Within six months of the effective date of the Patient Care Monitoring Act, all facilities shall provide to each patient or surrogate a form prescribed by the agency explaining the provisions of the Patient Care Monitoring Act and giving each patient or surrogate a choice to have…

The facility shall post a notice in a conspicuous place at the entrance to a room with a monitoring device that a monitoring device is in use in that room of the facility. History: Laws 2004, ch. 53, § 9.

Chapter 24, Article 27 NMSA 1978 may be cited as the "Umbilical Cord Blood Banking Act". History: Laws 2005, ch. 43, § 1; 2008, ch. 9, § 1.

The purpose of the Umbilical Cord Blood Banking Act is to educate pregnant women regarding the potential benefits of umbilical cord blood donations and to provide opportunities for the donation and storage of umbilical cord blood when desired by a pregnant woman. History: Laws 20…

As used in the Umbilical Cord Blood Banking Act: A. "health care facility" means an institution providing health care services, including a hospital, clinic or other inpatient center, outpatient facility or diagnostic or treatment center, that is licensed by the department of hea…

A. All health care providers providing health care services to a pregnant woman during the last trimester of her pregnancy, which health care services are directly related to her pregnancy, shall advise her of options to donate umbilical cord blood following the delivery of a new…

The department of health shall, by January 1, 2006, prepare and distribute to health care providers written publications that include the following information: A. the medical processes involved in the collection of umbilical cord blood; B. the medical risks to a mother and her n…

A. Unless it is medically inadvisable, all health care facilities and health care providers treating a pregnant woman during the delivery of a newborn child shall, if requested by that woman, permit her to arrange for an umbilical cord blood donation. B. Nothing in this section i…

If any part or application of the Umbilical Cord Blood Banking Act is held invalid, the remainder or its application to other situations or persons shall not be affected. History: Laws 2005, ch. 43, § 7.

Chapter 24, Article 28 NMSA 1978 may be cited as the "Bone Marrow and Organ Donor Act". History: Laws 2007, ch. 159, § 1; 2019, ch. 112, § 1.

A. The department of health shall provide information and educational materials to the public regarding bone marrow donation through the national marrow donor program and regarding organ donations. The department shall seek assistance from the national marrow donor program to est…

A. The person in charge of a state agency may grant a leave of absence, not to exceed twenty days, to a state agency employee for the purpose of donating an organ or bone marrow. An employee may request and use donated annual leave or sick leave for the purpose of donating an org…

This act [Chapter 24, Article 29 NMSA 1978] may be cited as the "Hospital-Acquired Infection Act". History: Laws 2009, ch. 211, § 1.

As used in the Hospital-Acquired Infection Act: A. "advisory committee" means the hospital-acquired infection advisory committee; B. "department" means the department of health; C. "hospital-acquired infection" means a localized or systemic condition that results from an infectio…

A. The "hospital-acquired infection advisory committee" is created in the department to conduct surveillance of hospital-acquired infections. Members of the advisory committee shall include: (1) a consumer of health care services; (2) a representative of the New Mexico associatio…

A. The advisory committee shall identify hospitals willing and qualified to participate in surveillance of hospital-acquired infections as identified by the advisory committee. Recruitment of participating hospitals shall begin on a voluntary basis and shall include at least six …

A. The advisory committee shall determine the specific infections and indicators that are to be subject to surveillance and reporting. Indicators of hospital-acquired infections shall be selected based on scientific evidence that the infection or condition can be prevented with i…

A. Participating hospitals shall report to the department the incidence of selected indicators using the national healthcare safety network surveillance system according to a schedule recommended by the advisory committee based on reporting frequencies identified by the national …

This act [24-30-1 to 24-30-7 NMSA 1978] may be cited as the "Community Health Workers Act". History: Laws 2014, ch. 49, § 1.

As used in the Community Health Workers Act: A. "applicant" means an individual applying to be certified or recertified as a community health worker; B. "board" means the board of certification of community health workers; C. "certificate" means the document issued by the departm…

recertification; fees. A. The secretary shall adopt and promulgate rules relating to the following: (1) establishment and administration of a voluntary program for certification of community health workers, including criteria for: (a) minimum education; (b) training; (c) experien…

creation; membership; duties. A. The "board of certification of community health workers" is created. The board is administratively attached to the department and shall meet at least once quarterly at the call of the chair. B. The board shall consist of nine members who shall be:…

A. An applicant for certification or recertification shall submit an application for registration in accordance with department rules. B. A certified community health worker shall carry the certified community health worker's certificate and present it upon request. C. The depart…

unauthorized practice. A. In order to use the title "certified community health worker", the initials "CCHW" or other designation indicating that the individual is a certified community health worker, an individual shall be certified pursuant to the provisions of the Community He…

A. The department is authorized to obtain the criminal history records of applicants 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 department shall requ…

rules; recommendations. A. By July 1, 2014, the department shall promulgate rules and make recommendations to each school district and governing body of a school for the prevention and treatment of respiratory distress and the administration of albuterol, or such other medication…

Chapter 24, Article 32 NMSA 1978 may be cited as the "Maternal Mortality and Morbidity Prevention Act". History: Laws 2019, ch. 41, § 1; 2021, ch. 40, § 1.

As used in the Maternal Mortality and Morbidity Prevention Act: A. "administrative co-chair" means the chief medical officer of the department or another representative of the department appointed by the secretary of health; B. "aggregate data" means health care data that exclude…

membership; duties. A. The "maternal mortality review committee" is created in the department. The committee shall be composed of: (1) the chief medical officer of the department or another representative of the department appointed by the secretary of health, who shall be the ex…

A. A health care provider, the office of the state medical investigator and the vital records and health statistics bureau of the department shall notify operational staff of any incident of maternal mortality within three months of the incident. B. Except as otherwise provided b…

By December 31, 2021, the secretary of health shall adopt and promulgate amended rules to carry out the provisions of the Maternal Mortality and Morbidity Prevention Act. History: Laws 2019, ch. 41, § 5; 2021, ch. 40, § 5.

History: Laws 2019, ch. 141, § 1; § 24-33-1, recompiled and amended as § 24A-7-1 by Laws 2024, ch. 39, § 53.

History: Laws 2019, ch. 141, § 2; § 24-33-2, recompiled and amended as § 24A-7-2 by Laws 2024, ch. 39, § 54.

History: Laws 2019, ch. 141, § 3; § 24-33-3, recompiled and amended as § 24A-7-3 by Laws 2024, ch. 39, § 55.

History: Laws 2019, ch. 141, § 4; § 24-33-4, recompiled and amended as § 24A-7-4 by Laws 2024, ch. 39, § 56.

This act [24-34-1 to 24-34-5 NMSA 1978] may be cited as the "Reproductive and Gender-Affirming Health Care Freedom Act". History: Laws 2023, ch. 11, § 1.

As used in the Reproductive and Gender-Affirming Health Care Freedom Act: A. "gender-affirming health care" means psychological, behavioral, surgical, pharmaceutical and medical care, services and supplies provided to support a person's gender identity; B. "public body" means a s…

A. A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not discriminate against a person based on that person's use of or refusal to use reproductive health care or gender-affirming health care services. B. A pu…

A. The attorney general or a district attorney may institute a civil action in district court if the attorney general or district attorney has reasonable cause to believe that a violation has occurred or to prevent a violation of the Reproductive and Gender- Affirming Health Care…

A. A person claiming to be aggrieved by a violation of the Reproductive and Gender-Affirming Health Care Freedom Act may maintain an action in district court for appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damages or punitive …

Sections 1 through 8 [24-35-1 to 24-35-8 NMSA 1978] of this act may be cited as the "Reproductive and Gender-Affirming Health Care Protection Act". History: Laws 2023, ch. 167, § 1.

As used in the Reproductive and Gender-Affirming Health Care Protection Act: A. "gender-affirming health care" means psychological, behavioral, surgical, pharmaceutical and medical care, services and supplies provided to support an individual's gender identity; B. "protected heal…

protected health care activity. A. A public body or an individual or entity acting on behalf of or within the scope of the authority of a public body shall not release information or use resources available to it in furtherance of a foreign investigation or proceeding that seeks …

A. A party shall not submit a foreign subpoena or summons for discovery or a witness to provide testimony related to an interstate investigation or proceeding that seeks to impose civil or criminal liability or professional disciplinary action related to a protected health care a…

care activity; civil actions. A. For purposes of this section, "abusive litigation" means legal action initiated to deter, prevent, sanction or penalize an individual or entity for engaging in a protected health care activity by initiating a legal action in another state where ci…

information related to a protected health care activity. A. For purposes of this section, "third party" means an individual or entity who transmits information related to a protected health care activity, in the normal course of business, in an electronic format. "Third party" do…

A. The attorney general or a district attorney is authorized to enforce the provisions of the Reproductive and Gender-Affirming Health Care Protection Act. B. In an action brought under Subsection A of this section, the court may award appropriate relief, including temporary, pre…

A. An individual or entity claiming to be aggrieved by a violation of the Reproductive and Gender-Affirming Health Care Protection Act may file an action in district court for appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damage…

This act [24-36-1 to 24-36-8 NMSA 1978] may be cited as the "Doula Credentialing and Access Act". History: Laws 2025, ch. 20, § 1.