During a state of public health emergency, the state, its political subdivisions, the governor, the secretary of health, the secretary of public safety, the director or any other state or local officials or personnel who assist during the public health emergency are liable for the death of a person, injury to a person or damage to property, only to the extent permitted in the Tort Claims Act [41-4-1 to 41-2-27 NMSA 1978], as a result of complying with the provisions of the Public Health Emergency Response Act or a rule adopted pursuant to that act.
History: Laws 2003, ch. 218, § 14.
Emergency clauses. — Laws 2003, ch. 218, § 21 contained an emergency clause and was approved April 6, 2003.
Compiler's notes. — This section was enacted by the legislature as part of Chapter 12, Article 10 NMSA 1978, but it was assigned to Article 10A by the compiler to separate it from the State Civil Emergency Preparedness Act.
Structure New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 10A - Public Health Emergency Response
Section 12-10A-1 - Short title.
Section 12-10A-2 - Purposes of act.
Section 12-10A-3 - Definitions.
Section 12-10A-4 - Enhanced public health advisory.
Section 12-10A-5 - Declaring a state of public health emergency; terminating the emergency.
Section 12-10A-6 - Special powers during a public health emergency.
Section 12-10A-7 - Procedures for isolation or quarantine of persons.
Section 12-10A-9 - Temporary hold upon secretary's order.
Section 12-10A-10 - Court hearing to contest isolation or quarantine.
Section 12-10A-11 - Hearing on conditions of isolation and quarantine.
Section 12-10A-12 - Medical examination and testing.
Section 12-10A-13 - Vaccination and treatment.
Section 12-10A-15 - Compensation.
Section 12-10A-16 - Job protection for a person who is isolated or quarantined.
Section 12-10A-17 - Rulemaking.
Section 12-10A-18 - Memorandum of understanding; Indian pueblos or tribal entities.