506 sections in this chapter.
NMSA 1978, § 9-6-1 Short title
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Sections 9-6-1 through 9-6-5.2, 9-6-15, 9-6-16 and 9-6-20 [9-6-21] NMSA 1978 may be cited as the "Department of Finance and Administration Act". History: 1978 Comp., § 9-6-1, enacted by Laws 1977, ch. 247, § 1; 2011, ch. 106, § 4; 2024, ch. 10, § 2.
NMSA 1978, § 9-6-12 Fort Stanton development commission; created
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A. There is created the "Fort Stanton development commission", which shall be administratively attached to the office of cultural affairs. B. The commission shall consist of seven members selected as follows: (1) the chair of the Lincoln county commission or the designee of the c…
NMSA 1978, § 9-6-13 Duties and powers
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A. The Fort Stanton development commission shall: (1) plan, assemble, dispose of and acquire furnishings, art, landscaping materials and plants and other decorations for the public areas of Fort Stanton; (2) monitor and report on the status of maintenance of Fort Stanton and reco…
NMSA 1978, § 9-6-14 Trust fund created
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The "Fort Stanton development fund" is created in the state treasury. The fund shall consist of all gifts, donations and bequests of money to the Fort Stanton development commission as well as any appropriations made to the commission. Earnings from the investment of the fund sha…
NMSA 1978, § 9-6-15 Department of finance and administration; office of
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education accountability. A. The "office of education accountability" is created in the department of finance and administration. The office shall provide an independent evaluation of the Assessment and Accountability Act [Chapter 22, Article 2C NMSA 1978] and the School Personne…
NMSA 1978, § 9-6-16 Rural equity ombud; infrastructure planning and
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development division of the department of finance and administration; duties. A. The infrastructure planning and development division of the department of finance and administration shall employ at least one "rural equity ombud", whose job it is to work on issues of concern to ru…
NMSA 1978, § 9-6-2 Purpose
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The purpose of the Department of Finance and Administration Act is to make state government more efficient and responsive through consolidating, and eliminating the overlapping of, certain state government functions; and to establish a single, unified department to administer law…
NMSA 1978, § 9-6-20 New Mexico match fund; created; reporting
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A. The "New Mexico match fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions, appropriations, gifts, grants and donations. B. The department shall administer the fund, and money in the fund is appropriated to the department for the pu…
NMSA 1978, § 9-6-21 Infrastructure planning and development division; duties
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A. The infrastructure planning and development division of the department of finance and administration consists of the following programs or bureaus that had previously been assigned to another division of the department: (1) local government infrastructure capital improvements …
NMSA 1978, § 9-6-22 Public safety workforce building program; grants
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A. The "public safety workforce building program" is created in the department to provide grant funding for initiatives to increase the state's available workforce and capacity for employment of public safety professionals in law enforcement, firefighting, detention or correction…
NMSA 1978, § 9-6-23 Public safety workforce capacity building fund; created
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The "public safety workforce capacity building fund" is created as a nonreverting fund in the state treasury to support the objectives of the public safety workforce building program. The fund consists of distributions, appropriations, gifts, grants, donations and income from inv…
NMSA 1978, § 9-6-3 Department of finance and administration; creation; transfer
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and merger of division functions; merger and creation of divisions. A. The "department of finance and administration" is created. The department shall consist of those divisions created by law or executive order, including but not limited to: (1) the board of finance division; (2…
NMSA 1978, § 9-6-3.1 Office of education abolished; transfer of powers and
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duties. The office of education in the department of finance and administration is abolished. On the effective date of this act, all powers and duties conferred by law upon the office of education shall be exercised by the state department of public education. All powers and duti…
NMSA 1978, § 9-6-4 Department of finance and administration; secretary;
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appointment; qualifications. The administrative and executive head of the department of finance and administration is the "secretary of finance and administration," who shall be a member of the executive cabinet. The secretary shall be appointed by the governor with the advice an…
NMSA 1978, § 9-6-5 Secretary; duties and general powers
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A. The secretary is responsible to the governor for the operation of the department. It is his duty to manage all operations of the department and to administer and enforce the laws with which he or the department is charged. B. To perform his duties, the secretary has every powe…
NMSA 1978, § 9-6-5.1 Planning powers and duties of secretary of finance and
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administration. The secretary of the department of finance and administration, in addition to the other powers and duties conferred: A. shall review federal grant applications and provide management assistance; B. shall coordinate, in accordance with directives from the governor'…
NMSA 1978, § 9-6-5.2 Failure to timely submit audit reports or financial reports;
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enforcement powers of secretary. A. Upon notification by the state auditor pursuant to Subsection G of Section 12-6-3 NMSA 1978 that a state agency, state institution, municipality or county has failed to submit an audit report as required by the Audit Act [12-6-1 to 12-6-14 NMSA…
NMSA 1978, § 9-7-1 Short title
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Chapter 9, Article 7 NMSA 1978 may be cited as the "Department of Health Act". History: 1978 Comp., § 9-7-1, enacted by Laws 1977, ch. 253, § 1; 1991, ch. 25, § 13.
NMSA 1978, § 9-7-10.1 Rehabilitation centers
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There are created within the department of health the "northern New Mexico rehabilitation center" and the "southern New Mexico rehabilitation center". The centers shall be at Las Vegas and Roswell, respectively, and shall provide the citizens of New Mexico with physical therapy, …
NMSA 1978, § 9-7-11 Advisory committees
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A. Advisory committees may be created. Advisory means furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private…
NMSA 1978, § 9-7-11.1 Findings and purpose
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A. The legislature finds that good health is among our most cherished desires. To achieve optimal health requires both individual and collective responsibility and action, and therefore, state government must assume a leadership role by establishing and implementing policies in a…
NMSA 1978, § 9-7-11.2 New Mexico health policy commission created;
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composition; duties. A. There is created the "New Mexico health policy commission", which is administratively attached to the department of finance and administration. B. The New Mexico health policy commission shall consist of nine members appointed by the governor with the advi…
NMSA 1978, § 9-7-11.3 Task force created; responsibilities; participants; funding
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A. The "health care providers licensing and credentialing task force" is created under the direction of the New Mexico health policy commission to study and make recommendations for the consolidation and simplification of the health care licensure processes. The task force shall …
NMSA 1978, § 9-7-11.4 Compulsive gambling council; duties; membership
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A. The "compulsive gambling council" is created. The council is administratively attached to the department pursuant to the Executive Reorganization Act [9-1-1 to 9-1- 10 NMSA 1978]. The council consists of the following fifteen members, all of whom shall be appointed by and serv…
NMSA 1978, § 9-7-11.5 Native American suicide prevention advisory council;
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created; terms; quorum; meetings. A. There is created a "Native American suicide prevention advisory council". The council shall consist of eleven voting members and shall assist in developing policies, rules and priorities for the New Mexico clearinghouse for Native American sui…
NMSA 1978, § 9-7-12 Cooperation with the federal government; authority of
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secretary; single state agency status. A. The department is authorized to cooperate with the federal government in the administration of health programs in which financial or other participation by the federal government is authorized or mandated under state or federal laws, regu…
NMSA 1978, § 9-7-16 Rate equalization for community-based service contractors
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The department of health shall take all measures reasonably necessary to ensure that any funds appropriated to the developmental disabilities division of the department of health for rate equalization for community contract agencies are used to increase contractor payments to pro…
NMSA 1978, § 9-7-17 Substance abuse education fund
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There is created the "substance abuse education fund" which shall be controlled by the agency. All money collected or received under the state laws for the purpose of substance abuse education shall be paid over to the state treasurer to the credit of the substance abuse educatio…
NMSA 1978, § 9-7-18 Drug testing for health care providers in state health care
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facilities; grounds; rulemaking. A. A health care provider hired to provide direct care to patients in a state health care facility shall be tested for illicit and prescription drug and alcohol abuse prior to employment and subject to random drug testing thereafter. B. A health c…
NMSA 1978, § 9-7-2 Definitions
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As used in the Department of Health Act: A. "department" means the department of health created under the Department of Health Act; and B. "secretary" means the secretary of health. History: 1978 Comp., § 9-7-2, enacted by Laws 1977, ch. 253, § 2; 1991, ch. 25, § 14.
NMSA 1978, § 9-7-3 Purpose
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The purpose of the Department of Health Act is to establish a single, unified department to administer the laws and exercise the functions relating to health formerly administered and exercised by various organizational units of state government, including the state health agency…
NMSA 1978, § 9-7-4 Department established
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A. There is created in the executive branch the "department of health". The department shall be a cabinet department and shall include, but not be limited to, the programs and functions of the public health division and the scientific laboratory. B. All references in the law to t…
NMSA 1978, § 9-7-4.1 State health improvement plan
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A. The department shall develop a state health improvement plan that meets accreditation standards of the public health accreditation board or its successor in interest. B. The department shall conduct state health assessments in order to inform the development, adoption and impl…
NMSA 1978, § 9-7-5 Secretary of health; appointment
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A. The administrative head of the department of health is the "secretary of health", who shall be appointed by the governor with the consent of the senate and who shall serve in the executive cabinet. B. An appointed secretary shall serve and have all of the duties, responsibilit…
NMSA 1978, § 9-7-6 Secretary; duties and general powers
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A. The secretary is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which the secretary or the department is charged. B. To perform the secretary's d…
NMSA 1978, § 9-7-6.3 Rules
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The department of health shall adopt rules pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978] and the Department of Health Act to implement the provision of behavioral health services. History: Laws 1999, ch. 270, § 3.
NMSA 1978, § 9-7-6.5 Agreements for a replacement facility for Fort Bayard
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medical center. A. Notwithstanding any other provision of state law or rule, the secretary may do one or more of the following: (1) enter into an agreement, including an agreement with an independent contractor, to operate Fort Bayard medical center or a replacement for Fort Baya…
NMSA 1978, § 9-7-6.6 Gambling addiction data collection
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A. The department of health shall begin an ongoing process of gathering data on gambling addiction in New Mexico. The department shall establish standards to determine what constitutes a compulsive or problem gambler and collect data on the percent of the population who are activ…
NMSA 1978, § 9-7-6.7 Clearinghouse for Native American suicide prevention;
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culturally based suicide prevention initiatives. A. In consultation with the Indian affairs department, the interagency behavioral health purchasing collaborative, subject to available funding, shall establish: (1) a statewide clearinghouse and technical assistance program called…
NMSA 1978, § 9-7-7 Organizational units of department; powers and duties
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specified by law; access to information. Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be s…
NMSA 1978, § 9-7-8 Directors
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The secretary shall appoint with the approval of the governor "directors" of divisions established within the department. The positions so appointed are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978]. History: 1978 Comp., § 9-7-8, enacted by Laws 1977, ch. 253, §…
NMSA 1978, § 9-7-9 Bureaus; chiefs
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The secretary shall establish within each division such "bureaus" as he deems necessary to carry out the provisions of the Department of Health Act. He shall employ a "chief" to be the administrative head of each bureau. The chief and all subsidiary employees of the department sh…
NMSA 1978, § 9-7-9.1 Department of health; office of oral health; director
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The secretary shall appoint a director of the department's office of oral health, who shall be a dental health care professional licensed pursuant to the Dental Health Care Act [Chapter 61, Article 5A NMSA 1978]. History: Laws 2019, ch. 107, § 13.
NMSA 1978, § 9-7A-1 Short title
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Sections 1 through 12 [9-7A-1 to 9-7A-12 NMSA 1978] of this act may be cited as the "Department of Environment Act". History: Laws 1991, ch. 25, § 1.
NMSA 1978, § 9-7A-10 Advisory committees
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A. Advisory committees may be created. "Advisory" means furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or priva…
NMSA 1978, § 9-7A-11 Cooperation with the federal government; authority of
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secretary; single state agency status. A. The department is authorized to cooperate with the federal government in the administration of environmental programs in which financial or other participation by the federal government is authorized or mandated under state or federal law…
NMSA 1978, § 9-7A-12 Environmental improvement board; exemptions from
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authority of secretary. The environmental improvement board shall receive staff support from the department. All powers, duties and responsibilities of the environmental improvement board under Sections 25-1-1 through 25-1-14, 25-2-1 through 25-2-19, 25-5-1 through 25-5-9, 50-9-1…
NMSA 1978, § 9-7A-13 Water quality control commission; exemptions from
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authority of secretary of environment. The water quality control commission shall receive staff support from the department of environment. All powers, duties and responsibilities of the water quality control commission under Sections 47-6-11, 74-6-3 through 74-6-8, 74-6-10 and 7…
NMSA 1978, § 9-7A-14 Occupational health and safety review commission;
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exemptions from authority of secretary of environment. The occupational health and safety review commission shall receive staff support from the department of environment. All powers, duties and responsibilities of the occupational health and safety review commission under Sectio…
NMSA 1978, § 9-7A-15 Technical advisory committee created; duties and powers
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of the committee. A. The "wastewater technical advisory committee" is created. The committee shall consist of five members to be appointed by and to serve at the pleasure of the secretary of environment. The members shall include: (1) a wastewater treatment system engineer with a…