44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO MORTALITY REVIEW; AUTHORIZING THE DEPARTMENT OF HEALTH TO ESTABLISH A MORTALITY REVIEW FUNCTION; PROVIDING ACCESS TO RECORDS AND DOCUMENTS; PROVIDING IMMUNITY; CHANGING DEFINITIONS; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Department of Health Act is enacted to read:

"[NEW MATERIAL] MORTALITY REVIEW COMMITTEES.--The department shall establish mortality review committees to conduct professional reviews of deaths of persons receiving services from contractors of the department."

Section 2. Section 24-1-3 NMSA 1978 (being Laws 1973, Chapter 359, Section 3, as amended) is amended to read:

"24-1-3. POWERS AND AUTHORITY OF DEPARTMENT.--The department has authority to:

A. receive such grants, subsidies, donations, allotments or bequests as may be offered to the state by the federal government or any department thereof or by any public or private foundation or [individuals] other persons;

B. supervise the health and hygiene of the people of the state;

C. investigate, control and abate the causes of disease, especially epidemics, sources of mortality and other conditions of public health;

D. establish, maintain and enforce isolation and quarantine;

E. close any public place and forbid gatherings of people when necessary for the protection of the public health;

F. establish programs and adopt [regulations] rules to prevent infant mortality, birth defects and morbidity;

G. prescribe the duties of public health nurses and school nurses;

H. provide educational programs and disseminate information on public health;

I. maintain and enforce [regulations] rules for the licensure of health facilities;

J. bring action in court for the enforcement of health laws and [regulations] rules and orders issued by the department;

K. enter into agreements with other states to carry out the powers and duties of the department;

L. cooperate and enter into contracts or agreements with the federal government or any other person to carry out the powers and duties of the department;

M. maintain and enforce regulations for the control of communicable diseases deemed to be dangerous to public health;

N. maintain and enforce regulations for immunization against diseases deemed to be dangerous to the public health;

O. maintain and enforce such rules [and regulations] as may be necessary to carry out the provisions of the Public Health Act and to publish [same] the rules;

P. supervise state public health activities, operate a dental public health program and operate state laboratories for the investigation of public health matters;

Q. sue and, with the consent of the legislature, be sued;

R. regulate the practice of midwifery;

S. administer legislation enacted pursuant to Title [VI] 6 of the Public Health Service Act as amended and supplemented;

T. inspect such premises or vehicles as necessary to ascertain the existence or nonexistence of conditions dangerous to public health or safety; [and]

U. inspect and promptly obtain copies of all medical records and other documents pertaining to a person whose death is the subject of inquiry by the department's mortality review committee; and

[U.] V. do all other things necessary to carry out its duties."

Section 3. Section 41-9-2 NMSA 1978 (being Laws 1979, Chapter 169, Section 2, as amended) is amended to read:

"41-9-2. DEFINITIONS.--As used in the Review Organization Immunity Act:

A. "person" means [any] an individual, corporation, partnership, firm or other entity;

B. "health care provider" means [any] a person licensed by the state or permitted by law to provide health care services;

C. "health care services" means services rendered by a health care provider of the type the health care provider is licensed or permitted to provide;

D. "staff" means the members of the governing board, officers and employees of a health care provider [which] that is not an individual; and

E. "review organization" means an organization whose membership is limited to health care providers and staff, except where otherwise provided for by state or federal law, and [which] that is established by a health care provider [which] that is a hospital, by one or more state or local associations of health care providers, by the department of health when conducting mortality reviews by a nonprofit health care plan, by a health maintenance organization, by an emergency medical services system or provider as defined in the Emergency Medical Services Act or by a professional standards review organization established pursuant to 42 U.S.C., Section 1320c-1 et seq. to gather and review information relating to the care and treatment of patients for the purposes of:

(1) evaluating and improving the quality of health care services rendered in the area or by a health care provider;

(2) reducing morbidity or mortality;

(3) obtaining and disseminating statistics and information relative to the treatment and prevention of diseases, illnesses and injuries;

(4) developing and publishing guidelines showing the norms of health care services in the area or by health care providers;

(5) developing and publishing guidelines designed to keep within reasonable bounds the cost of health care services;

(6) reviewing the nature, quality or cost of health care services provided to enrollees of health maintenance organizations and nonprofit health care plans;

(7) acting as a professional standards review organization pursuant to 42 U.S.C., Section 1320c-1, et seq.; or

(8) determining whether a health care provider shall be granted authority to provide health care services using the health care provider's facilities or whether a health care provider's privileges should be limited, suspended or revoked."