A. A health care provider that provides mastectomy or lumpectomy or lymph node dissection surgery of the breast shall provide information to the patient about the option of reconstructive surgery. The information shall be provided to the patient in writing and in advance of obtaining consent for the mastectomy or lumpectomy or lymph node dissection surgery of the breast. The information shall include at least a description of:
(1) reconstructive surgery options and the advantages and disadvantages of each option;
(2) the availability of health insurance or health care coverage for costs related to reconstructive surgery pursuant to the New Mexico Insurance Code [Chapter 59A NMSA 1978, except for Articles 30A and 42A] and the federal Women's Health and Cancer Rights Act of 1998; and
(3) patient access to reconstructive surgery services, including referring the patient to a health care provider that provides reconstructive surgery if the health care provider that performs the mastectomy or lumpectomy or lymph node dissection surgery of the breast does not offer reconstructive surgery services.
B. The department of health shall notify health care providers of the provisions of Subsection A of this section.
History: Laws 2011, ch. 145, § 1.
Effective dates. — Laws 2011, ch. 145 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
Structure New Mexico Statutes
Chapter 24 - Health and Safety
Section 24-1-3 - Powers and authority of department.
Section 24-1-4.1 - Certified nurse-midwives; prescriptive, distributing and administering authority.
Section 24-1-5 - Licensure of health facilities; hearings; appeals.
Section 24-1-5.2 - Health facilities; intermediate sanctions; civil penalty.
Section 24-1-5.4 - Plan of growth; requirements; reporting.
Section 24-1-5.6 - Northern New Mexico substance abuse treatment pilot project.
Section 24-1-5.7 - Methadone clinics; regulation by the human services department.
Section 24-1-5.8 - Legislative findings; licensing requirements for certain hospitals.
Section 24-1-5.9 - Reporting requirements.
Section 24-1-5.10 - Federal participation required; exception.
Section 24-1-6 - Tests required for newborn infants.
Section 24-1-6.1 - Newborn hearing testing required; department of health.
Section 24-1-7 - Sexually transmitted infections; reports of cases.
Section 24-1-9.3 - Sexually transmitted infections; mandatory counseling.
Section 24-1-9.4 - Sexually transmitted infections; confidentiality.
Section 24-1-9.6 - Sexually transmitted infections; disclosure.
Section 24-1-10 - Pregnancy; serological test for syphilis.
Section 24-1-11 - Reporting of blood tests.
Section 24-1-12 - Health certificates; filing.
Section 24-1-13 - Pregnancy; capacity to consent to examination and diagnosis.
Section 24-1-13.2 - Shaken baby syndrome prevention.
Section 24-1-14 - [Sterilization;] special qualifications prohibited.
Section 24-1-15 - Isolation; quarantine; protocol.
Section 24-1-15.1 - Protocol for management of active tuberculosis.
Section 24-1-15.2 - Conditions of public health importance; reporting.
Section 24-1-15.3 - Conditions of public health importance; testing; screening.
Section 24-1-16 - Inspection definitions.
Section 24-1-17 - Inspectorial search by consent.
Section 24-1-18 - Inspection searches.
Section 24-1-19 - Emergency inspectorial searches.
Section 24-1-20 - Records confidential.
Section 24-1-22 - Scientific laboratory division; testing methods; certification.
Section 24-1-25 - Holly Gonzales experimental treatment fund created.
Section 24-1-28 - Behavioral health planning council created; powers and duties; membership.
Section 24-1-29 - Commission created; members; duties.
Section 24-1-30 - Hand washing facilities; requirement.
Section 24-1-31 - Save our children's sight fund created.
Section 24-1-32 - Notice of the need for further vision evaluation and availability of funds.
Section 24-1-33 - Communication regarding reconstructive breast surgery.
Section 24-1-35 - Assisted living facilities contracts; limit on charges after resident death.
Section 24-1-36 - Statewide community-based adult fall risk awareness and prevention program.
Section 24-1-37 - Lay caregiver; aftercare; designation.
Section 24-1-38 - Hospitals; requirement to offer influenza and pneumococcal immunizations.
Section 24-1-39 - Mammograms; health facilities; breast density disclosure.
Section 24-1-42 - Eligibility for state or local health benefits.