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New Mexico Electrical Licensing Law

New Mexico Code · 12 sections

The following is the full text of New Mexico’s electrical licensing law statutes as published in the New Mexico Code. For the official version, see the New Mexico Legislature.


N.M. Stat. Ann. § 61-1-2

As used in the Uniform Licensing Act:

A.  "board" means:

(1)       the construction industries commission, the construction industries division and the electrical bureau, mechanical bureau and general construction bureau of the construction industries division of the regulation and licensing department;

(2)       the manufactured housing committee and the manufactured housing division of the regulation and licensing department;

(3)       the crane operators licensure examining council;

(4)       a board, commission or agency that administers a profession or occupation licensed pursuant to Chapter 61 NMSA 1978;

(5)       the cannabis control division of the regulation and licensing department; and

(6)       any other state agency to which the Uniform Licensing Act is applied by law;

B.  "applicant" means a person who has applied for a license;

C.  "expedited license", whether by examination, endorsement, credential or reciprocity, means a license issued to a person in this state based on licensure in another state or territory of the United States, the District of Columbia or a foreign country, as applicable;

D.  "initial license" means the first regular license received from a board for a person who has not been previously licensed;

E.  "license" means a certificate, permit or other authorization to engage in a profession or occupation regulated by a board;

F.   "licensing jurisdiction" means another state or territory of the United States, the District of Columbia or a foreign country, as applicable;

G.  "party" means a respondent licensee, applicant or unlicensed person who is the subject of a disciplinary proceeding or the civil administrative prosecutor representing the state and the board;

H.  "probation" means to allow, for a stated period of time, the conduct authorized by a license, subject to conditions or other restrictions that are reasonably related to the grounds for probation;

I.    "regular license" means a license that is not issued as a temporary or provisional license;

J.   "revocation" means to prohibit the conduct authorized by the license for an indefinite period of time; and

K.  "suspension" means to prohibit, for a stated period of time, the conduct authorized by the license.

History:  1953 Comp., § 67-26-2, enacted by Laws 1957, ch. 247, § 2; 1959, ch. 223, § 13; 1969, ch. 6, § 1; 1971, ch. 54, § 2; 1973, ch. 259, § 4; 1977, ch. 245, § 165; 1978 Comp., § 61-1-2 ,1981, ch. 62, § 16; 1981, ch. 349, § 1; 1983, ch. 295, § 26; 1989, ch. 6, § 49; 1989, ch. 51, § 26; 1989, ch. 387, § 16; 1990, ch. 75, § 24; 1991, ch. 147, § 26; 1993, ch. 49, § 31; 1993, ch. 171, § 25; 1993, ch. 295, § 1; 2002, ch. 83, § 1; 2022, ch. 39, § 1; 2023, ch. 190, § 1; 2024, ch. 38, § 18.

ANNOTATIONS

The 2024 amendment, effective July 1, 2024, added the cannabis control division to the list of agencies under the definition of "board" as used in the Uniform Licensing Act; and in Subsection A, added a new Paragraph A(5) and redesignated former Paragraph A(5) as Paragraph A(6).

The 2023 amendment, effective July 1, 2023, defined "party," "probationer," "revocation" and "suspension"; added new Subsections G and H and redesignated former Subsections G through I as Subsections I through K, respectively; in Subsection J, deleted "revoke a license" and added "revocation", and after "by the license", added "for an indefinite period of time"; and in Subsection K, deleted "suspend a license" and added "suspension", and deleted "'Suspend a license' also means to allow, for a stated period of time, the conduct authorized by the license, subject to conditions that are reasonably related to the grounds for suspension.".

The 2022 amendment, effective May 18, 2022, included "the crane operators licensure examining council" within the definition of "board", revised the definition of "license", removed the definition of "emergency", and defined "expedited license", "initial license", "licensing jurisdiction" and "regular license", as used in the Uniform Licensing Act; in Subsection A, added a new Paragraph A(3) and redesignated former Paragraphs A(3) and A(4) as Paragraphs A(4) and A(5), respectively; added new Subsections C and D and redesignated former Subsection C as Subsection E; in Subsection E, after "to engage in", deleted "each of the professions and occupations" and added "a profession or occupation", and after "regulated by", deleted "the boards enumerated in Subsection A of this section" and added "a board"; added new Subsections F and G and redesignated former Subsections D and E as Subsections H and I, respectively; and deleted former Subsection F, which defined "emergency".

The 2002 amendment, effective March 5, 2002, added Subsection F.

The 1993 amendment, effective June 18, 1993, rewrote Subsection A.

The 1991 amendment, effective June 14, 1991, in Subsection A, added Paragraphs (35) and (36), designated former Paragraph (35) as Paragraph (37) and made a related stylistic change, and made a minor stylistic change in Subsection E.

The 1990 amendment, effective May 16, 1990, in Subsection A, substituted "professional engineers and surveyors" for "professional engineers and land surveyors" in Paragraph (16), substituted "construction industries commission and construction industries division" for "construction industries committee and division" in Paragraph (20), deleted "Polygraphy Act and the" preceding "Private Investigators Act" in Paragraph (25), added present Paragraphs (28) to (34), designated former Paragraph (28) as present Paragraph (35), and made a minor stylistic change.

The 1989 amendment, effective July 1, 1989, in Subsection A(20), substituted "regulation and licensing department" for "commerce and industry department"; in Subsection A(24), inserted "manufactured housing" preceding "division" and substituted "regulation and licensing department" for "commerce and industry department"; added Subsection A(27); and redesignated former Subsection A(27) as Subsection A(28).


N.M. Stat. Ann. § 61-17A-2

As used in the Barbers and Cosmetologists Act:

A.  "barber" means a person, other than a student, who for compensation engages in barbering;

B.  "board" means the board of barbers and cosmetologists;

C.  "cosmetologist" means a person, other than a student, who for compensation engages in cosmetology;

D.  "department" means the regulation and licensing department;

E.  "electrologist" means a person, other than a student, who for compensation removes hair from or destroys hair on the human body through the use of an electric current applied to the body with a needle-shaped electrode or probe;

F.   "enterprise" means a business venture, firm or organization;

G.  "establishment" means an immobile beauty shop, barber shop, electrology clinic, salon or similar place of business in which cosmetology, barbering, eyebrow threading, hairstyling or electrolysis is performed;

H.  "esthetician" means a person, other than a student, who for compensation:

(1)       uses cosmetic preparations, including makeup applications, antiseptics, powders, oils, clays or creams, for the purpose of preserving the health and beauty of the skin and body;

(2)       massages, cleans, stimulates or manipulates the skin for the purpose of preserving the health and beauty of the skin and body; or

(3)       performs activities similar to the activities described in Paragraph (1) or (2) of this subsection on any part of the body of a person;

I.    "eyebrow threading" means a method of hair removal in which a thin thread is doubled, twisted and then rolled over areas of unwanted hair, plucking the hair at the follicle level;

J.   "hair braiding" means twisting, wrapping, weaving, extending, locking or braiding hair and incidental use of topical agents and mechanical devices and includes use of hair extensions, hair fibers, decorative beads and other accessories incidental to hair braiding;

K.  "hairstylist" means a person, other than a student, who for compensation engages in hairstyling;

L.   "manicurist-pedicurist" means a person, other than a student, who for compensation performs work on the nails of a person and applies nail extensions or products to the nails for the purpose of strengthening or preserving the health and beauty of the hands or feet;

M.  "sanitation" means the maintenance of sanitary conditions to promote hygiene and the prevention of disease through the use of chemical agents or products;

N.  "school" means a public or private instructional facility approved by the board that teaches cosmetology, barbering or hairstyling; and

O.  "student" means a person enrolled in a school to learn or be trained in cosmetology, barbering, hairstyling or electrolysis.

History: Laws 1993, ch. 171, § 2; 1997, ch. 218, § 1; 2017, ch. 108, § 1; 2017, ch. 112, § 3; 2022, ch. 39, § 69; 2025, ch. 39, § 1.

ANNOTATIONS

Delayed repeals. — For delayed repeal, see 61-17A-25 NMSA 1978.

The 2025 amendment, effective July 1, 2025, defined "hair braiding" as used in the Barbers and Cosmetologists Act; added a new Subsection J and redesignated the succeeding subsections accordingly.

The 2022 amendment, effective May 18, 2022, provided that "department" means the regulation and licensing department, as used in the Barbers and Cosmetologists Act; and added a new Subsection D and redesignated former Subsections D through M as Subsections E through N, respectively.

2017 Amendments. — Laws 2017, ch. 112, § 3, effective June 16, 2017, defined "hairstylist" and revised the definitions of certain terms as used in the Barbers and Cosmetologists Act; in Subsection F, after "barbering", added "hairstyling"; added new Subsection H and redesignated the succeeding subsections accordingly; in Subsection K, after "cosmetology", deleted "or", and after "barbering", added "or hairstyling"; and in Subsection L, after "barbering", added "hairstyling".

Laws 2017, ch. 108, § 1, effective June 16, 2017, defined "eyebrow threading" and revised the definition of "establishment" to include "eyebrow threading" as used in the Barbers and Cosmetologists Act; in Subsection F, after "barbering", added ", eyebrow threading"; and added new Subsection H and redesignated the succeeding subsections according.

The 1997 amendment added Subsections E, I and K and redesignated former Subsections E to H accordingly, inserted "other than a student" near the beginning of Subsections D and H, rewrote Subsection G, and made minor stylistic changes throughout the section. Laws 1997, ch. 218 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature. See Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.


N.M. Stat. Ann. § 61-17A-4

Cosmetology means the practice of those services that include:

A.  arranging, dressing, curling, waving, cleansing, cutting, bleaching, coloring, straightening or similar work upon the hair of a person, whether by hand or through the use of chemistry or of mechanical or electrical apparatus or appliances;

B.  using cosmetic preparations, antiseptics, tonics, lotions or creams or massaging, cleansing, stimulating, manipulating, beautifying or performing similar work on the body of a person;

C.  manicuring and pedicuring the nails of a person;

D.  caring for and servicing wigs and hair pieces; or

E.  removing of unwanted hair except by means of electrology.

History: Laws 1993, ch. 171, § 4.

ANNOTATIONS

Delayed repeals. — For delayed repeal, see 61-17A-25 NMSA 1978.


N.M. Stat. Ann. § 61-23-22

61-23-22. Engineering; exemptions. (Repealed effective July 1, 2030.)

A. A New Mexico licensed architect who has complied with all of the laws of New Mexico relating to the practice of architecture has the right to engage in the incidental practice, as defined by regulation, of activities properly classified as engineering; provided that the architect shall not make any representation as being a professional engineer or as performing engineering services; and further provided that the architect shall perform only that part of the work for which the architect is professionally qualified and shall use qualified professional engineers or others for those portions of the work in which the contracting architect is not qualified. Furthermore, the architect shall assume all responsibility for compliance with all laws, codes, regulations and ordinances of the state or its political subdivisions pertaining to all documents bearing the architect's professional seal.

B. An engineer employed by a business entity who performs only the engineering services involved in the operation of the business entity's or an affiliated business entity's business shall be exempt from the provisions of the Engineering and Surveying Practice Act; provided that neither the employee nor the employer offers engineering services to the public; and provided further that any such engineering services are limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity or an affiliated business entity that employs the engineer. Performance of engineering on public works projects pursuant to Section 61-23-26 NMSA 1978 or within off-premises easements constitutes engineering services to the public and is subject to the Engineering and Surveying Practice Act.

C. A rural electric distribution cooperative shall be exempt from the provisions of the Engineering and Surveying Practice Act; provided that the cooperative's services are not offered to the public and are performed only within the legal boundaries of the property that the cooperative owns, leases, has an easement or right of way on or lawfully operates.

History: 1978 Comp., § 61-23-22, enacted by Laws 1993, ch. 218, § 17; 1998, ch. 43, § 1; 2017, ch. 42, § 10; 2023, ch. 79, § 6; 2025, ch. 41, § 1.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-32 NMSA 1978, as amended by Laws 1979, ch. 363, § 17, relating to organizations permitted to practice, effective June 19, 1987, and enacted former 61-23-22 NMSA 1978.

Laws 1993, ch. 218, § 17 repealed former 61-23-22 NMSA 1978, as enacted by Laws 1987, ch. 336, § 22, providing exemptions from the Engineering and Surveying Practice Act, and enacted a new section, effective July 1, 1993.

The 2025 amendment, effective June 20, 2025, created an exemption from the Engineering and Surveying Practice Act for rural electric distribution cooperatives; and added Subsection C.

The 2023 amendment, effective June 16, 2023, provided the condition that the engineering services that are exempt from the provisions of the Engineering and Surveying Practice Act must be limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity, and clarified language in the section; in Subsection A, added "professional" preceding "engineer"; and in Subsection B, after "business entity's", added "or an affiliated business entity's", and after "services to the public", added "and provided further that any such engineering services are limited to the legal boundaries of the property owned, leased or lawfully operated by the business entity or an affiliated business entity that employs the engineer", after "Section 61-23-26 NMSA 1978", added "or within off-premises easements", and after "to the public and is", deleted "not exempt" and added "subject to the Engineering and Surveying Practice Act".

The 2017 amendment, effective July 1, 2017, clarified that performing engineering services on public works projects constitutes engineering services to the public and is not exempt from the provisions of the Engineering and Surveying Practice Act; in Subsection A, after "the architect shall not", deleted "hold himself out to be" and added "make any representation as being"; and in Subsection B, after "employed by a", deleted "firm, association or corporation" and added "business entity", after "operation of the", deleted "employer’s" and added "business entity’s", after "the employee nor the", deleted "employer" and added "business entity", and added the last sentence.

The 1998 amendment, effective May 20, 1998, deleted Subsection B and redesignated Subsection C as Subsection B.


N.M. Stat. Ann. § 61-23-3

As used in the Engineering and Surveying Practice Act:

A.  "approved" means acceptable to the board;

B.  "authorized company officer" means an employee of a business entity duly authorized by the business entity to contractually obligate the business entity;

C.  "board" means the state board of licensure for professional engineers and professional surveyors;

D.  "business entity" means a corporation, professional corporation, limited liability corporation, professional limited liability corporation, general partnership, limited partnership, limited liability partnership, professional limited liability partnership, a joint stock association or any other form of business, whether or not for profit;

E.  "conviction" means a final adjudication of guilt, whether pursuant to a plea of nolo contendere or otherwise and whether or not the sentence is deferred or suspended;

F.   "engineer" means a person who has completed engineering education and has training and experience in the application of engineering principles and the interpretation of engineering data;

G.  "engineering accreditation commission" means the engineering accreditation commission of the accreditation board for engineering and technology, incorporated, or any successor commission or organization;

H.  "engineering" or "practice of engineering" means any creative or engineering work that requires engineering education, training and experience in the application of engineering principles and the interpretation of engineering data to such creative work as consultation, investigation, forensic investigation, evaluation, planning and design of engineering works and systems, expert technical testimony, engineering studies and the review of construction for the purpose of ensuring substantial compliance with drawings and specifications; any of which embrace such creative work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, chemical, pneumatic, environmental or thermal nature, insofar as they involve safeguarding life, health or property, and including such other professional services as may be necessary to the planning, progress and completion of engineering work.  The "practice of engineering" may include the use of photogrammetric methods to derive topographical and other data.  The "practice of engineering" does not include responsibility for the supervision of construction, site conditions, operations, equipment, personnel or the maintenance of safety in the workplace;

I.    "engineering committee" means a committee of the board entrusted to implement all business of the Engineering and Surveying Practice Act as it pertains to the practice of engineering, including the promulgation and adoption of rules of professional responsibility for professional engineers exclusive to the practice of engineering;

J.   "engineer intern" means a person who has qualified for, taken and passed an examination in fundamental engineering subjects;

K.  "fund" means the professional engineers' and surveyors' fund;

L.   "incidental practice" means the performance of other professional services that are related to a licensee's work as an engineer;

M.  "person" means an individual or business entity;

N.  "professional development" means education by a licensee in order to maintain, improve or expand skills and knowledge obtained prior to initial licensure or to develop new and relevant skills and knowledge to maintain licensure;

O.  "professional engineer", "consulting engineer", "licensed engineer" or "registered engineer" means a person who has been licensed as a professional engineer by the board;

P.  "responsible charge" means responsibility for the direction, control and supervision of engineering or surveying work, as the case may be, to ensure that the work product has been critically examined and evaluated for compliance with appropriate professional standards by a licensee in that profession, and by sealing or signing the documents, the professional engineer or professional surveyor accepts responsibility for the engineering or surveying work, respectively, represented by the documents and that applicable engineering or surveying standards have been met;

Q.  "surveying" or "practice of surveying" means any service or work, the substantial performance of which involves the application of the principles of mathematics and the related physical and applied sciences for:

(1)       the measuring and locating of lines, angles, elevations and natural and man-made features in the air, on the surface of the earth, within underground workings and on the beds or bodies of water for the purpose of defining location, areas and volumes;

(2)       the monumenting of property boundaries and for the platting and layout of lands and subdivisions;

(3)       the application of photogrammetric methods used to derive topographic and other data;

(4)       the establishment of horizontal and vertical controls that will be the basis for all geospatial data used for future design surveys, including construction staking surveys, surveys to lay out horizontal and vertical alignments, topographic surveys, control surveys for aerial photography for the collection of topographic and planimetric data using photogrammetric methods and construction surveys of engineering and architectural public works projects;

(5)       the preparation and perpetuation of maps, records, plats, field notes, easements and property descriptions; and

(6)       the depiction and transmittal by paper or digital means of any digital geospatial data for use in geographic information systems or land information systems that purports to be the authoritative location of points or features of a survey regulated by the Engineering and Surveying Practice Act, but excludes data used solely for a cadastre, such as assessment and tax mapping purposes, or general representations of surveyed or historic data used for mapping purposes, such as land parcels and built infrastructure;

R.  "surveying committee" means a committee of the board entrusted to implement all business of the Engineering and Surveying Practice Act as it pertains to the practice of surveying, including the promulgation and adoption of rules of professional responsibility for professional surveyors exclusive to the practice of surveying;

S.  "surveyor", "professional surveyor", "licensed surveyor" or "registered surveyor" means a person who is licensed as a professional surveyor by the board and who is a professional specialist qualified to practice surveying by reason of the person's education in the principles of mathematics and the related physical and applied sciences requisite to surveying of real property;

T.   "surveyor intern" means a person who is certified as a surveyor intern by the board and who has qualified for, taken and passed an examination in the fundamentals of surveying subjects;

U.  "surveying work" means the work performed in the practice of surveying; and

V.  "supplemental surveying work" means surveying work performed in order to densify, augment and enhance previously performed survey work or site information but excludes the surveying of real property for the establishment of land boundaries, rights of way and easements and the dependent or independent surveys or resurveys of the public land system.

History: Laws 1987, ch. 336, § 3; 1993, ch. 218, § 3; 1999, ch. 259, § 2; 2003, ch. 233, § 2; 2005, ch. 69, § 1; 2012, ch. 46, § 1; 2017, ch. 42, § 2; 2023, ch. 79, § 1.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

Repeals and reenactments. — Laws 1987, ch. 336 repealed former 61-23-3 NMSA 1978, as enacted by Laws 1933, ch. 130, § 3, relating to violation of reference mark and entry provisions, effective June 19, 1987, and enacted a new section.

The 2023 amendment, effective June 16, 2023, revised the definition of "engineer," "engineering," "person," "surveyor," and "surveyor intern," and defined "professional engineer"; in Subsection F, after "'engineer'", deleted "'professional engineer', 'consulting engineer', 'licensed engineer' or 'registered engineer'", after "means a person who", deleted "is qualified to practice engineering by reason of the person's intensive preparation and knowledge in the use of mathematics, chemistry, physics and engineering sciences, including the principles and methods of engineering analysis and design acquired by professional education and engineering experience, and who is licensed by the board to practice engineering" and added "has completed engineering education and has training and experience in the application of engineering principles and the interpretation of engineering data"; in Subsection H, after "the application of", deleted "special knowledge of the mathematical, physical and engineering sciences" and added "engineering principles and the interpretation of engineering data"; in Subsection M, after "individual", deleted "corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or a legal or commercial entity" and added "or business entity"; added a new Subsection O and redesignated former Subsections O through U as Subsections P through V, respectively; in Subsection S, after "a person who is", deleted "qualified to practice surveying by reason of the person's intensive preparation and knowledge in the use of mathematics, physical and applied sciences and surveying, including the principles and methods of surveying acquired by education and experience and who is licensed by the board to practice surveying" and added "licensed as a professional surveyor by the board and who is a professional specialist qualified to practice surveying by reason of the person's education in the principles of mathematics and the related physical and applied sciences requisite to surveying of real property"; and in Subsection T, after "a person who", added "is certified as a surveyor intern by the board and who".

The 2017 amendment, effective July 1, 2017, defined "authorized company officer", "business entity" and "engineering accreditation commission", and revised the definition of "engineer" as used in the Engineering and Surveying Practice Act; added a new Subsection B and redesignated former Subsection B as Subsection C; added a new Subsection D and redesignated former Subsections C and D as Subsections E and F, respectively; in Subsection F, after "‘engineer’", added "‘professional engineer’, ‘consulting engineer’, ‘licensed engineer’ or ‘registered engineer’", and after "engineering experience", added "and who is licensed by the board to practice engineering"; added a new Subsection G and redesignated former Subsections E through K as Subsections H through N, respectively; deleted former Subsection L and redesignated former Subsections M through S as Subsections O through U, respectively; in Subsection P, Paragraph P(5), after "field notes", added "easements" and added Paragraph P(6); in Subsection R, after "‘surveyor’", deleted "or", and after "‘professional surveyor’", added "‘licensed surveyor’ or ‘registered surveyor’"; and in Subsection U, deleted the last three sentences, which related to supplemental surveying work for the planning and design of an engineering project.

The 2012 amendment, effective July 1, 2012, defined "professional development" as the education to maintain licensure and in Subsection K, after "relevant skills and knowledge", added "to maintain licensure".

The 2005 amendment, effective June 17, 2005, added the promulgation and adoption of rules of professional responsibility for professional engineers as a function of the engineering committee in Subsection F; changed the definition of "surveying" in Subsection N to include the establishment of controls that will be the basis for all geospatial data used for future design surveys; added the promulgation and adoption of rules of professional responsibility for professional surveyors as a function of the surveying committee in subsection, added a definition of "supplemental surveying work" in Subsection S and permitted professional engineers to perform supplemental surveys in certain circumstances.

The 2003 amendment, effective June 20, 2003, inserted Subsection J, and redesignated the remaining subsections accordingly.

The 1999 amendment, effective June 18, 1999, substituted "licensure" for "registration", "licensee" for "registrant", and made similar substitutions throughout the section; added the next-to last sentence in Subsection E; added Subsection H, and redesignated subsequent subsections accordingly; and in the undesignated paragraph at the end of the section, deleted the former last sentence, which read "A registered professional engineer may apply photogrammetric methods to derive topographic and other date", and added the last two sentences.

The 1993 amendment, effective July 1, 1993, rewrote this section to the extent that a detailed comparison is impracticable.


N.M. Stat. Ann. § 61-23-31.1

61-23-31.1. Good samaritan. (Repealed effective July 1, 2030.)

A. A professional engineer or professional surveyor who voluntarily, without compensation, at the request of a state or local public official acting in an official capacity, provides aircraft structure, structural, aeronautical, electrical, mechanical, other engineering services or surveying at the scene of a declared national, state or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, flood, collapse or other similar disaster or catastrophic event, such as a terrorist act, shall not be liable for any personal injury, wrongful death, property damage or other loss caused by the engineer's or surveyor's acts, errors or omissions in the performance of any surveying or engineering services for any structure, building, piping or other engineered system, publicly or governmentally owned.

B. The immunity provided shall apply only to a voluntary engineering or surveying service that occurs within thirty days of the emergency, disaster or catastrophic event, unless extended by an executive order issued by the governor under the governor's emergency executive powers. Nothing in this section shall provide immunity for wanton, willful or intentional misconduct.

History: 1978 Comp., § 61-23-31.1, enacted by Laws 1993, ch. 218, § 38; 2005, ch. 69, § 15.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.

The 2005 amendment, effective June 17, 2005, adds aircraft structure and aeronautical services to the list of services that professional engineers and professional surveyors may provide without incurring liability and includes terrorists acts as catastrophic events.


N.M. Stat. Ann. § 61-24D-2

As used in the Home Inspector Licensing Act:

A.  "approved examination" means a national home inspector licensing examination that has been third-party accredited as complying with the prevailing standards of the Standards for Educational and Psychological Testing and assesses an applicant's knowledge of:

(1)       roofing;

(2)       exterior;

(3)       interior;

(4)       structure;

(5)       electrical;

(6)       plumbing;

(7)       heating and cooling;

(8)       insulation;

(9)       fireplace and chimney; and

(10)     ethical business practices, professional standards and reports;

B.  "board" means the New Mexico home inspectors board;

C.  "client" means a person or an agent of the person who, through a written pre-inspection agreement, engages the services of a home inspector for the purpose of obtaining a report on the condition of residential real property;

D.  "compensation" means the payment for home inspection services pursuant to the written pre-inspection agreement;

E.  "foreign home inspector" means a home inspector who does not hold a license but who holds a current and valid home inspector license issued by another jurisdiction in the United States;

F.   "home inspection" means a noninvasive, nondestructive examination by a person of the interior and exterior components of a residential real property, including the property's structural components, foundation and roof, for the purposes of providing a professional written opinion regarding the site aspects and condition of the property and its carports, garages and reasonably accessible installed components.  "Home inspection" includes the examination of the property's heating, cooling, plumbing and electrical systems, including the operational condition of the systems' controls that are normally operated by a property owner;

G.  "home inspector" means a person who performs home inspections for compensation;

H.  "license" means a home inspector license issued by the board in accordance with the Home Inspector Licensing Act;

I.    "licensee" means the holder of a license;

J.   "pre-inspection agreement" means the written agreement signed by the client and a home inspector by which a client engages the services of the home inspector and that sets forth at a minimum the following:

(1)       the amount of compensation due and payable to the home inspector for the home inspection and delivery of a report;

(2)       a list of all components and systems that will be inspected; and

(3)       the date by which the client will receive the report;

K.  "report" means a written opinion prepared by a home inspector pursuant to the terms of a pre-inspection agreement regarding the functional and physical condition of the residential real property as determined by a home inspection conducted by a home inspector; and

L.   "residential real property" means any real property or manufactured or modular home that is used for or intended to be used for residential purposes and that is a single-family dwelling, duplex, triplex, quadplex or unit, as "unit" is defined by the Condominium Act [47-7A-1 to 47-7D-20 NMSA 1978].

History: Laws 2019, ch. 239, § 2; 2023, ch. 54, § 1.

ANNOTATIONS

The 2023 amendment, effective July 1, 2023, defined "approved examination" as used in the Home Inspector Licensing Act; and added a new Subsection A and redesignated former Subsections A through K as Subsections B through L, respectively.


N.M. Stat. Ann. § 61-24D-5

A.  A person who is not a licensee shall not:

(1)       conduct home inspections, develop a report or otherwise engage in the business of home inspection;

(2)       in the course of conducting business, use the title "home inspector", "certified home inspector", "registered home inspector", "licensed home inspector", "professional home inspector" or any other title, abbreviation, letters, figures or signs that indicate the person is a licensed home inspector; or

(3)       use the terms "state licensed" or "licensed" to refer to an inspection conducted or a report prepared by a person who is not a licensee.

B.  A business entity shall not provide home inspection services unless all of the home inspectors employed by the business are licensees.

C.  A business entity shall not use, in connection with the name or signature of the business, the title "home inspectors" to describe the business entity's services unless each person employed by the business as a home inspector is a licensee.

D.  The Home Inspector Licensing Act does not apply to a person:

(1)       licensed by the state as an engineer, an architect, a real estate qualifying or associate broker, a real estate appraiser, a certified general appraiser, a residential real estate appraiser or a pest control operator, when acting within the scope of the person's license;

(2)       licensed by the state or a political subdivision of the state as an electrician, a general contractor, a plumber or a heating and air conditioning technician, when acting within the scope of the person's license;

(3)       regulated by the state as an insurance adjuster, when acting within the scope of the person's license;

(4)       employed by the state or a political subdivision of the state as a code enforcement official, when acting within the scope of the person's employment;

(5)       who performs an energy audit of a residential property;

(6)       who performs a warranty evaluation of components, systems or appliances within a resale residential property for the purpose of issuing a home warranty; provided that all warranty evaluation reports include a statement that the warranty evaluation performed is not a home inspection and does not meet the standards of a home inspection pursuant to the provisions of the Home Inspector Licensing Act.  A home warranty company shall not refer to a warranty evaluation as a home inspection;

(7)       who in the scope of the person's employment performs safety inspections of utility equipment in or attached to residential real property pursuant to the provisions of Chapter 62 NMSA 1978 or rules adopted by the public regulation commission; and

(8)       hired by the owner or lessor of residential real property to perform an inspection of the components of the residential real property for the purpose of preparing a bid or estimate for performing construction, remodeling or repair work in the residential real property.

History: Laws 2019, ch. 239, § 5.

ANNOTATIONS

Effective dates. — Laws 2019, ch. 239, § 17 made Laws 2019, ch. 239 effective January 1, 2020.


N.M. Stat. Ann. § 61-4-2

As used in the Chiropractic Physician Practice Act:

A.  "advanced practice chiropractic certification registry" means a compendium kept by the board that meets and maintains the board's established credentials for certified advanced practice chiropractic physicians;

B.  "certified advanced practice chiropractic physician" means a chiropractic physician who has been included in the advanced practice chiropractic certification registry;

C.  "chiropractic" means the science, art and philosophy of things natural, the science of locating and removing interference with the transmissions or expression of nerve forces in the human body by the correction of misalignments or subluxations of the articulations and adjacent structures, more especially those of the vertebral column and pelvis, for the purpose of restoring and maintaining health for treatment of human disease primarily by, but not limited to, adjustment and manipulation of the human structure. It shall include, but not be limited to, the prescribing and administering of all natural agents to assist in the healing act, such as food, water, heat, cold, electricity, mechanical appliances and medical devices; the selling of herbs, nutritional supplements and homeopathic remedies; the administering of a drug by injection by a certified advanced practice chiropractic physician; and any necessary diagnostic procedure, excluding invasive procedures, except as provided by the board by rule and regulation. It shall exclude operative surgery, the prescription or use of controlled or dangerous drugs and the practice of acupuncture;

D.  "board" means the chiropractic board;

E.  "chiropractic physician" includes doctor of chiropractic, chiropractor and chiropractic physician and means a person who practices chiropractic as defined in the Chiropractic Physician Practice Act; and

F.   "chiropractic assistant" means a person who practices under the on-premises supervision of a licensed chiropractic physician.

History: 1953 Comp., § 67-3-10, enacted by Laws 1968, ch. 3, § 2; 1993, ch. 198, § 2; 2008, ch. 44, § 7.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-4-17 NMSA 1978.

The 2008 amendment, effective May 14, 2008, added Subsections A and B; and in Subsection C, permitted the prescribing and administering of natural agents and medical devices and the administering of a drug by injection by a certified advanced practice chiropractic physician, and excluded the prescription or use of controlled drugs and the practice of acupuncture.

The 1993 amendment, effective June 18, 1993, inserted "Physician" in the introductory paragraph and in Subsection C; rewrote Subsection A; substituted "board of chiropractic" for "chiropractic board" in Subsection B; substituted "'chiropractic physician'" for "'chiropractor'" and inserted "chiropractor" in Subsection C; added Subsection D; and made minor stylistic changes.

Licensed chiropractor must be considered a "practitioner of the healing arts". Katz v. N.M. Dep't of Human Servs., 1981-NMSC-012, 95 N.M. 530, 624 P.2d 39.

Chiropractor is not a "physician" and that profession or calling is not the practice of medicine; a chiropractor is one skilled in the art of healing in a limited manner, although not one skilled in physic since such latter term refers to the practice of medicine. 1959-60 Op. Att'y Gen. No. 59-96.

Acupuncture falls within scope of chiropractic. 1976 Op. Att'y Gen. No. 76-32.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers § 5.

Kind or character of treatment which may be given by one licensed as chiropractor, 86 A.L.R. 630.

Scope of practice of chiropractic, 16 A.L.R.4th 58.

70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 5.


N.M. Stat. Ann. § 61-4-6

A.  The board shall recognize successful completion of all parts of the examination conducted by the national board of chiropractic examiners.

B.  The board shall examine each applicant in the act of chiropractic adjusting, procedures and methods as shall reveal the applicant's qualifications; provided that the board may waive the requirement for the board-administered examination upon proof of satisfactory completion of the examination conducted by the national board of chiropractic examiners.

C.  The board shall issue a license to all applicants whose applications have been filed with and approved by the board and who have paid the required fees and passed either the board-administered examination with a general average of not less than seventy-five percent with no subject below sixty-five percent or the examination conducted by the national board of chiropractic examiners with a general average of not less than seventy-five percent with no subject below sixty-five percent. A license shall be refused to an applicant who fails to make application as provided in this section, fails the examination or fails to pay the required fees.

D.  The license, when granted by the board, carries with it the title of doctor of chiropractic and entitles the holder to diagnose using any necessary diagnostic procedures, excluding invasive procedures, except as provided by the board by rule, and treat injuries, deformities or other physical or mental conditions relating to the basic concepts of chiropractic by the use of any methods as provided in this section, including but not limited to palpating, diagnosing, adjusting and treating injuries and defects of human beings by the application of manipulative, manual and mechanical means, including all natural agencies imbued with the healing act, such as food, water, heat, cold, electricity and mechanical appliances, herbs, nutritional supplements and homeopathic remedies, but excluding operative surgery and prescription or use of controlled or dangerous drugs. The holder may also supervise the use of any natural agencies imbued with the healing act, such as food, water, heat, cold, electricity, mechanical appliances, herbs, nutritional supplements and homeopathic remedies administered by a chiropractic assistant.

E.  Failure to display the license shall be grounds for the suspension of the license to practice chiropractic until so displayed and shall subject the licensee to the penalties for practicing without a license.

F.   The board shall certify a chiropractic physician as a "certified advanced practice chiropractic physician" when the chiropractic physician has demonstrated completion of advanced coursework and met other requirements established in the Chiropractic Physician Practice Act and by rule of the board.

History: 1953 Comp., § 67-3-14, enacted by Laws 1968, ch. 3, § 6; 1975, ch. 176, § 2; 1983, ch. 187, § 3; 1993, ch. 198, § 6; 2006, ch. 18, § 3; 2008, ch. 44, § 10.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-4-17 NMSA 1978.

The 2008 amendment, effective May 14, 2008, added "certified advanced practice chiropractic physician" in Subsection F.

The 2006 amendment, effective May 17, 2006, added the provision in Subsection A that the board shall recognize completion of the examination conducted by the national board of chiropractic examiners; added the provision in Subsection B to permit the board to waive the requirement for the board-administered examination upon proof of satisfactory completion of the examination of the national board of chiropractic examiners and added the provision in Subsection C that the board shall issue a license to an applicant who passes the examination conducted by the national board of chiropractic examiners with an average of not less that seventy-five percent with no subject below sixty-five percent.

The 1993 amendment, effective June 18, 1993, rewrote this section to the extent that a detailed comparison is impracticable.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Limitation on right of chiropractors and osteopathic physicians to participate in public medical welfare programs, 8 A.L.R.4th 1056.

70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 20.


N.M. Stat. Ann. § 61-6-2

A.  There is created the "New Mexico medical board", consisting of eleven members.  The board shall be composed of two public members, one physician assistant and eight reputable physicians, at least two of whom shall be osteopathic physicians and at least two of whom shall be medical physicians.  The osteopathic physicians and the medical physicians shall be of known ability, shall be graduates of medical colleges or schools in good standing and shall have been licensed physicians in and bona fide residents of New Mexico for a period of five years immediately preceding the date of their appointment.  The physician assistant shall have been a licensed physician assistant and a resident of New Mexico for at least five years immediately preceding the date of appointment.  Public members of the board shall be residents of New Mexico, shall not have been licensed by the board as a health care practitioner over which the board has licensure authority and shall have no significant financial interest, direct or indirect, in the occupation regulated.

B.  The governor shall appoint the medical physician members from a list of names submitted to the governor by the New Mexico medical society or its authorized governing body or council.  The list shall contain five names of qualified medical physicians for each medical physician member to be appointed.  Medical physician member vacancies shall be filled in the same manner.

C.  The governor shall appoint osteopathic physician members from a list of names submitted to the governor by the New Mexico osteopathic medical association or its authorized governing body or council.  The list shall contain five names of qualified osteopathic physicians for each osteopathic physician member to be appointed.  Osteopathic physician member vacancies shall be filled in the same manner.

D.  The governor shall appoint the physician assistant member from a list of names submitted to the governor by the New Mexico academy of physician assistants or its authorized governing body or council.  The list shall contain five names of qualified physician assistants.

E.  Members shall be appointed to four-year terms, staggered so that not more than three terms expire in a year.  All board members shall hold office until their successors are appointed.

F.   A board member failing to attend three consecutive meetings, either regular or special, shall automatically be removed as a member of the board unless excused from attendance by the board for good cause shown.

History: Laws 1923, ch. 44, § 1; C.S. 1929, § 110-101; 1941 Comp., § 51-501; Laws 1949, ch. 139, § 1; 1953 Comp., § 67-5-1; Laws 1955, ch. 44 [§ 1]; 1969, ch. 46, § 1; 1979, ch. 40, § 1; 1978 Comp., § 61-6-1, recompiled as § 61-6-2 by Laws 1989, ch. 269, § 2; 1991, ch. 189, § 9; 2003, ch. 19, § 2; 2021, ch. 54, § 17.

ANNOTATIONS

Compiler's notes. — Laws 1989, ch. 269, § 32 repealed former 61-6-2 NMSA 1978, as amended by Laws 1955, ch. 44, § 1, relating to meetings and quorums of the board, effective July 1, 1989. For present comparable provisions, see 61-6-3 NMSA 1978.

Cross references. — For Uniform Licensing Act, see 61-1-1 NMSA 1978 et seq.

The 2021 amendment, effective June 18, 2021, increased the number of members of the New Mexico medical board from nine members to eleven members, increased the number of physicians to be appointed to the board, required that at least two of the members be osteopathic physicians and two of the members be medical physicians, and prohibited health care practitioners over which the board has licensure authority from being public members of the board; in Subsection A, after "consisting of", changed "nine" to "eleven", after "physician assistant and", changed "six" to "eight", after "reputable physicians", added "at least two of whom shall be osteopathic physicians and at least two of whom shall be medical physicians.  The osteopathic physicians and the medical physicians shall be", and after "shall not have been licensed by the board", deleted "or have practiced as a physician" and added "as a health care provider over which the board has licensure authority"; and added a new Subsection C and redesignated former Subsections C through E as Subsections D through F, respectively.

Temporary provisions. — Laws 2021, ch. 54, § 48 provided:

A.        On June 18, 2021, all functions, personnel, money, appropriations, records, furniture, equipment, supplies and other property of the board of osteopathic medicine are transferred to the New Mexico medical board.

B.        On June 18, 2021, all contractual obligations of the board of osteopathic medicine are binding on the New Mexico medical board.

C.        On June 18, 2021, all references in law to the board of osteopathic medicine shall be deemed to be references to the New Mexico medical board.

The 2003 amendment, effective June 20, 2003, substituted "New Mexico medical board" for "Board of medical examiners" in the section heading; in Subsection A, substituted "'New Mexico medical board, consisting of nine members" for "board of medical examiners, consisting of eight members" in the first sentence, inserted "one physician assistant" preceding "and six reputable", deleted "as defined in Section 61-6-6 NMSA 1978" in the second sentence, inserted the present third sentence, and inserted "by the board" in the last sentence; added present Subsection C and redesignated former Subsections C and D as Subsections D and E, and rewrote present Subsection D.

Temporary provisions. — Laws 2003, ch. 19, § 28, effective June 20, 2003, provided that all functions, personnel, appropriations, money, records, equipment, supplies and other property of the New Mexico board of medical examiners shall be transferred to the New Mexico medical board; all contracts of the New Mexico board of medical examiners shall be binding and effective on the New Mexico medical board; and all references in law to the New Mexico board of medical examiners shall be deemed to be references to the New Mexico medical board.

The 1991 amendment, effective June 14, 1991, in Subsection A, increased the membership of the board from six members to eight members and, in the second sentence, substituted "two public members and six reputable physicians" for "one public member and five reputable physicians" and "licensed physicians" for "registered practitioners"; deleted former Subsection C which read "Two of the physician members of the board first appointed shall hold their offices for a period of two years, and the remaining three physician members shall hold their offices for a period of four years. Thereafter, the physician members shall hold their offices for a period of four years. All board members shall hold office until their successors are appointed and qualified"; designated former Subsections D and E as Subsections C and D, rewriting present Subsection C which read "The public member shall be appointed to a four-year term"; and made related and minor stylistic changes in Subsections A and B.

The 1989 amendment, effective July 1, 1989, renumbered this section, which formerly was 61-6-1 NMSA 1978; inserted "or schools" near the middle of the second sentence of Subsection A; substituted the present provisions of Subsection D for " The public member, upon the effective date of this act, shall be appointed to a term expiring January 1, 1982. Thereafter the public member shall be appointed to a four-year term"; substituted all of the present language of Subsection E following "removed" for "as a member of this board"; and made minor stylistic changes throughout the section.

County and municipal officials exceeded their authority by enacting abortion-related ordinances preempted by state law. — Where several counties and municipalities (respondents) enacted local ordinances prohibiting the mailing or receipt of any abortion-related instrumentality and creating licensing schemes exclusive to abortion clinics and providers, and where the state of New Mexico sought a writ of mandamus and stay of respondents enforcement of the ordinances and to invalidate the ordinances as preempted by state law, the writ of mandamus was granted because the ordinances plainly conflicted with the provisions of the Medical Practice Act, which vests the medical board with exclusive licensing and disciplinary authority for a physician's practice of medicine.  The pervasive regulatory scheme under the Medical Practice Act demonstrates the legislature's intent to occupy the field of medical licensure specifically, and state professional licensure generally.  State ex rel. Torrez v. Bd. of Cnty. Comm'rs for Lea Cnty., 2025-NMSC-011.

Governor's power not usurped. — Requirement that the governor appoint to the board of medical examiner's nominees who were submitted by the New Mexico medical society, where only the governor has this prerogative, would not unconstitutionally usurp the governor's power. Seidenberg v. N.M. Bd. of Med. Exam'rs, 1969-NMSC-028, 80 N.M. 135, 452 P.2d 469.

Review of board's proceedings. — On review of proceedings of board of medical examiners, court is limited to a determination of whether the board's order was reasonable, lawful and had substantial evidence to support it. Seidenberg v. N.M. Bd. of Med. Exam'rs, 1969-NMSC-028, 80 N.M. 135, 452 P.2d 469.

Corporation to perform medical services. — Because the legislature chose to expressly prohibit the corporate practice, apart from professional corporations, in the case of dentists and podiatrists, and chose to expressly permit, with limitation, other forms of corporate practice in the case of psychologists and engineers, it may be inferred from the legislature's silence in the case of medical doctors that a corporation may be formed to provide medical services. 1987 Op. Att'y Gen. No. 87-39.

A corporation, organized and controlled by non-physicians, may provide medical services to the general public through employed physicians, unless prohibited by statute or unless it exercises lay control of medical judgment or engages in lay exploitation of the medical profession in a manner prohibited by public policy. 1987 Op. Att'y Gen. No. 87-39.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers §§ 131, 135.

Optometry as within statute relating to practice of medicine, 22 A.L.R. 1173.

Constitutionality of statute prescribing conditions of practicing medicine or surgery as affected by question of discrimination against particular school or method, 54 A.L.R. 600.

Liability to patient for results of medical or surgical treatment by one not licensed as required by law, 57 A.L.R. 978.

Practice of medicine or surgery, interstate commerce clause as affecting requirement of license, 82 A.L.R. 1388.

Right of corporation or individual, not himself licensed, to practice medicine or surgery through licensed employees, 103 A.L.R. 1240.

Newspapers, magazines or radio, practice of medicine through, 114 A.L.R. 1506.

Dentist as a physician or surgeon within statutes, 115 A.L.R. 261.

Treatment by electricity as practice of medicine or surgery within statute, 115 A.L.R. 957.

Medical practice acts, health service plan as violation of, 119 A.L.R. 1290.

Prescriptions, one who fills under reciprocal arrangement with physician, as subject to charge of practice of medicine without license, 121 A.L.R. 1455.

Application to masseurs of statutes governing practice of medicine, 17 A.L.R.2d 1183.

Constitutionality and construction of statutes or regulations prohibiting one who has no license to practice medicine from owning, maintaining or operating an office therefor, 20 A.L.R.2d 808.

Malpractice in diagnosis and treatment of brain injuries, diseases or conditions, 29 A.L.R.2d 501.

Liability for injury by X-ray, 41 A.L.R.2d 329.

Illegal practice of medicine under statute, ordinance or other measure involving chemical treatment of public water supply, 43 A.L.R.2d 453.

Malpractice: duty and liability of anesthetist, 53 A.L.R.2d 142, 49 A.L.R.4th 63.

Malpractice: treatment of fractures or dislocations, 54 A.L.R.2d 200.

Liability of physician for extending operation or treatment beyond that expressly authorized, 56 A.L.R.2d 695.

Liability of physician for lack of diligence in attending patient, 57 A.L.R.2d 379.

Liability of physician who abandons case, 57 A.L.R.2d 432.

Malpractice in nose and throat treatment, 58 A.L.R.2d 216.

Malpractice in administering medicine to which patient is unusually susceptible or allergic, 64 A.L.R.2d 1281.

Malpractice in treatment of tuberculosis, 75 A.L.R.2d 814.

Malpractice in treatment of the ear, 76 A.L.R.2d 783.

Physician's or surgeon's malpractice in connection with care and treatment of hemophiliac or diagnosis of hemophilia, 1 A.L.R.3d 1107.

Practice by attorneys and physicians as corporate entities or associations under professional service corporation statutes, 4 A.L.R.3d 383.

Physician's or surgeon's malpractice in connection with diagnosis or treatment of rectal or anal disease, 5 A.L.R.3d 916.

Malpractice in connection with intravenous or other forced or involuntary feeding of patient, 6 A.L.R.3d 668.

Validity and construction of contract exempting hospital or doctor from liability for negligence to patient, 6 A.L.R.3d 704.

Liability of physician, surgeon, anesthetist or dentist for injury resulting from foreign object left in patient, 10 A.L.R.3d 9.

Liability of operating surgeon for negligence of nurse assisting him, 12 A.L.R.3d 1017.

Liability in connection with insertion of prosthetic or other corrective devices in patient's body, 14 A.L.R.3d 967.

Liability of physician or hospital where patient suffers heart attack or the like while undergoing unrelated medical procedure, 17 A.L.R.3d 796.

Malpractice in diagnosis and treatment of diseases or conditions of the heart or vascular system, 19 A.L.R.3d 825.

Doctor's liability for mistakenly administering drug, 23 A.L.R.3d 1334.

Medical malpractice, and measure and element of damages, in connection with sterilization or birth control procedures, 27 A.L.R.3d 906.

Malpractice in diagnosis and treatment of tetanus, 28 A.L.R.3d 1364.

Malpractice in connection with diagnosis and treatment of epilepsy, 30 A.L.R.3d 988.

Physician's failure to advise patient to consult specialist or one qualified in a method of treatment which physician is not qualified to give, 35 A.L.R.3d 349.

Attending physician's liability for injury caused by equipment furnished by hospital, 35 A.L.R.3d 1068.

Liability of physician or dentist for injury to patient from physical condition of office premises, 36 A.L.R.3d 1341.

Liability for negligence in diagnosing or treating aspirin poisoning, 36 A.L.R.3d 1358.

Surgeon's liability for inadvertently injuring organ other than that intended to be operated on, 37 A.L.R.3d 464.

Release of one responsible for injury as affecting liability of physician or surgeon for negligent treatment of injury, 39 A.L.R.3d 260.

Recovery against physician on basis of breach of contract to achieve particular result or cure, 43 A.L.R.3d 1221.

Physician's tort liability for unauthorized disclosure of confidential information about patient, 48 A.L.R.4th 668.

Construction and application of "Good Samaritan" statutes, 68 A.L.R.4th 294.

Tort liability of medical society or professional association for failure to discipline or investigate negligent or otherwise incompetent medical practitioner, 72 A.L.R.4th 1148.

70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers § 21; 73 C.J.S. Public Administrative Law and Procedure § 13.


N.M. Stat. Ann. § ch47

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