Chapter 28 — Chapter 28

ombud; general duties of the office. A. The "office of the state special education ombud" is created within the council. B. The council shall appoint the "state special education ombud", who shall head the office and supervise the ombuds and other staff of the office. The state o…

No later than December 1 of each year, the office shall prepare a report that includes: A. actions taken by the office in the year for which the report is prepared; B. special education concerns identified by or on behalf of students and parents, resolution of the concerns and th…

concerns. The office shall identify, investigate and seek to resolve concerns related to special education communicated by or on behalf of students and parents. If the office does not address a concern, the office shall notify the concerned person of the decision not to address t…

Upon request and with consent from the student or the student's parent, the office shall have access to the student's educational records from the public education department, a school district or a public school as necessary to carry out the office's responsibilities. History: L…

A. All files and records maintained by the office that pertain to students are confidential and not subject to the provisions of the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978]. The state ombud shall not disclose the identity of a concerned person or studen…

The council shall ensure that: A. a person or an immediate family member of that person involved in the designation of an ombud does not have a conflict of interest; B. an employee or a contractor of the office or an immediate family member of the employee or contractor does not …

Every public school providing special education services shall post in a conspicuous location in the public school a notice regarding the office that contains a brief description of the services provided by the office and the name, address and phone number of the office and shall…

Chapter 28, Article 17 NMSA 1978 may be cited as the "Long-Term Care Ombudsman Act". History: Laws 1989, ch. 208, § 1; 2017, ch. 81, § 1.

Every long-term care facility shall post in a conspicuous location a notice of the name, address and phone number of the office. The name and phone number of the nearest designated program and that of the ombudsman assigned to that long-term care facility shall be posted, where a…

Upon request, the office shall have access to records of any state or local government agency, including copies of all licensing and certification records relating to long-term care facilities as necessary to carry out its responsibilities under the Long- Term Care Ombudsman Act …

Representatives of the office shall have immediate access to any patient, resident or client for the purpose of effectively carrying out the provisions of the Long-Term Care Ombudsman Act. History: Laws 1989, ch. 208, § 12.

A. In order for the office to carry out its responsibilities, including conducting investigations, under the Long-Term Care Ombudsman Act, the office shall have full and immediate access to readily available medical, personal, financial and other nonmedical records, which include…

A. The files and records of the office may be disclosed only for purposes of fulfilling the duties of the office pursuant to Subsection C of Section 28-17-4 NMSA 1978 at the discretion of the state ombudsman or the state ombudsman's designee. All state ombudsman files and records…

The agency shall ensure that: A. no individual or a member of the immediate family of an individual involved in the designation of the ombudsman or the designation of a regional or local ombudsman is subject to a conflict of interest; B. no officer or employee of the office, ombu…

Any regional or local ombudsman program designated by the office or any individual certified by the office, whether an employee or an unpaid volunteer, shall be treated as a representative of the office. History: Laws 1989, ch. 208, § 16.

No representative of the office shall be liable under state law for the good faith performance of official duties pursuant to the Long-Term Care Ombudsman Act. History: Laws 1989, ch. 208, § 17.

The agency shall ensure that: A. adequate legal counsel is available and is able, without conflict of interest, to: (1) provide advice and consultation needed to protect the health, safety, welfare and rights to residents; and (2) assist the ombudsman and representatives of the o…

penalty; civil; appeal. A. No person shall willfully interfere with the lawful actions of the office, including the request for immediate entry into a long-term care facility. B. No person shall institute discriminatory, disciplinary or retaliatory action against any resident, em…

The legislature recognizes that the state agency on aging [aging and long-term services department] pursuant to a grant from the federal government has established an office of the state long-term care ombudsman. The legislature declares that it is the public policy of this state…

As used in the Long-Term Care Ombudsman Act: A. "adult protective services" means the agency's adult protective services division that receives and investigates reports of adult abuse, neglect or exploitation; B. "agency" means the aging and long-term services department; C. "car…

ombudsman; general duties of the office. A. Pursuant to the Older Americans Act, the agency shall establish and operate an "office of the state long-term care ombudsman" either directly or by contract or other arrangement with any public agency or nonprofit private organization; …

The director shall adopt and promulgate such reasonable rules and regulations as are deemed necessary to carry out the provisions of the Long-Term Care Ombudsman Act. Unless otherwise provided by statute, no regulation affecting any person or agency outside the office shall be ad…

A. In carrying out the duties of the office, the state ombudsman may designate an entity as a regional or local ombudsman entity, and may designate an employee or volunteer to represent the entity. An individual so designated shall, in accordance with the policies and procedures …

A. The state ombudsman shall ensure that office staff, including volunteers and other representatives of the office, are trained in: (1) federal, state and local laws, regulations and policies with respect to long- term care facilities in the state; (2) investigative techniques; …

The office shall investigate and seek to resolve complaints and concerns communicated by or on behalf of patients, residents or clients of any long-term care facility. The office may initiate investigations based on its observations of the conditions in a long-term care facility.…

A. When abuse, neglect or exploitation of a resident of a long-term care facility is witnessed or suspected, the state ombudsman or an ombudsman shall personally discuss the matter with the resident, or, if the resident is unable to communicate informed consent, the resident's su…

History: Laws 1990, ch. 4, § 1; 1993, ch. 34, § 1; 1993, ch. 178, § 1; 1995, ch. 69, § 4; 2011, ch. 166, § 2; repealed by Laws 2019, ch. 48, § 37.

History: Laws 1990, ch. 4, § 2; 1993, ch. 34, § 2; 1993, ch. 178, § 2; repealed by Laws 2019, ch. 48, § 37.

members; terms; compensation. A. The "Martin Luther King, Jr. commission" is created. The purpose of the commission is to develop, promote, coordinate and review statewide plans and activities for the annual commemoration and celebration of the birthday of Martin Luther King, Jr.…

A. There is created within the state treasury for the commission a fund that shall be designated as the "Martin Luther King, Jr. fund" that shall consist of appropriations, endowments and bequests. B. Money from the fund shall be disbursed upon warrant of the secretary of finance…

The duties and powers of the commission shall include, but not be limited to, the following: A. to develop a plan for the commemoration and celebration of the official legal holiday honoring Martin Luther King, Jr.; B. to develop and submit to the governor and the legislature rec…

The commission shall make an initial report to the governor and the legislature of its findings, conclusions, proposals and recommendations for the observance of the Martin Luther King, Jr. holiday within ninety days of the effective date of this act. The commission shall submit …

A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present. History: Laws 1999, ch. 117, § 1.

A. In order to foster the ability of a nursing mother who is an employee to use a breast pump in the workplace, an employer, including the state and its political subdivisions, shall provide: (1) a space for using the breast pump that is: (a) clean and private; (b) near the emplo…

This act [28-21-1 to 28-21-4 NMSA 1978] may be cited as the "African American Affairs Act". History: Laws 1999, ch. 163, § 1.

As used in the African American Affairs Act: A. "fund" means the office on African American affairs fund; and B. "office" means the office on African American affairs. History: Laws 1999, ch. 163, § 2.

A. The "office on African American affairs" is created and attached administratively to the human services department [health care authority department]. B. The governor shall appoint a director, who shall work at the pleasure of the governor. The director shall employ other nece…

The "office on African American affairs fund" is created in the state treasury. The fund shall consist of gifts, grants, donations and bequests. Money in the fund at the end of any fiscal year shall not revert. The fund shall be administered by the office, and disbursements from …

Sections 1 through 5 [28-22-1 to 28-22-5 NMSA 1978] of this act may be cited as the "New Mexico Religious Freedom Restoration Act". History: Laws 2000 (2nd S.S.), ch. 17, § 1.

As used in the New Mexico Religious Freedom Restoration Act: A. "free exercise of religion" means an act or a refusal to act that is substantially motivated by religious belief; and B. "government agency" means the state or any of its political subdivisions, institutions, departm…

A government agency shall not restrict a person's free exercise of religion unless: A. the restriction is in the form of a rule of general applicability and does not directly discriminate against religion or among religions; and B. the application of the restriction to the person…

A. A person whose free exercise of religion has been restricted by a violation of the New Mexico Religious Freedom Restoration Act may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government agency, including: (1) in…

Nothing in the New Mexico Religious Freedom Restoration Act authorizes a government agency to burden a person's free exercise of religion. The protection of the free exercise of religion granted in that act is in addition to the protections granted by federal law and the state an…

This act [28-23-1 to 28-23-6 NMSA 1978] may be cited as the "Fair Pay for Women Act". History: Laws 2013, ch. 12, § 1.

As used in the Fair Pay for Women Act: A. "commission" means the human rights commission; B. "director" means the chief of the human rights bureau of the labor relations division of the workforce solutions department; C. "employ" means suffer or permit to work; D. "employee" mean…

A. No employer shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in the establishment at a rate less than the rate that the employer pays wages to employees of the opposite sex in …

A. A person claiming to be aggrieved by an unlawful discriminatory practice in violation of the Fair Pay for Women Act may: (1) maintain an action to establish liability and recover damages and injunctive relief in any court of competent jurisdiction by any one or more employees …

It is a violation of the Fair Pay for Women Act for an employer or any other person to discharge, demote, deny promotion to or in any other way discriminate against an employee in the terms or conditions of employment in retaliation for the person asserting a claim or right pursu…

A. An employer who violates a provision of the Fair Pay for Women Act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement and promotion. Damages shall be calculated on the basis of: (1) the affected employee's unpaid wage…

This act [28-24-1 to 28-24-3 NMSA 1978] may be cited as the "Gender-Free Restrooms Act". History: Laws 2019, ch. 109, § 1.