A. The collection of samples pursuant to the provisions of Section 29-16-6 NMSA 1978 shall be conducted in a medically approved manner in accordance with rules and procedures adopted by the DNA oversight committee.
B. A person who collects samples shall be trained in procedures that meet the requirements and standards specified in Subsection A of this section.
C. A person authorized to collect samples and his employer shall be immune from liability in any civil or criminal action with regard to the collection of samples, if the collection is performed without negligence. This subsection shall not be deemed to create any additional liability or waive any immunity of public employees under the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978].
D. Samples shall be stored in accordance with rules and procedures adopted by the administrative center.
E. DNA testing shall be performed by the administrative center or a contract facility it may designate.
F. DNA records and samples shall be securely classified and stored by the administrative center.
History: Laws 1997, ch. 105, § 7; 2003, ch. 256, § 10.
The 2003 amendment, effective July 1, 2003, deleted "regulations" following "rules" throughout the section; in Subsection A substituted "29-16-6 NMSA 1978" for "6 of the DNA Identification Act" following "provisions of Section" near the beginning; and substituted "by" for "at" near the end of Subsection F.
Structure New Mexico Statutes
Article 16 - DNA Identification
Section 29-16-1 - Short title.
Section 29-16-2 - Purpose of act.
Section 29-16-3 - Definitions.
Section 29-16-4 - Administrative center; powers and duties; head; location; written agreement.
Section 29-16-5 - DNA oversight committee; created; powers and duties.
Section 29-16-6 - Collection of samples.
Section 29-16-6.1 - Reimbursement of costs.
Section 29-16-7 - Procedures for collection of samples.
Section 29-16-8 - Confidentiality; disclosure and dissemination of DNA records.
Section 29-16-8.1 - DNA searches.
Section 29-16-9 - Enforcement.
Section 29-16-10.1 - Expungement of samples and DNA records.
Section 29-16-11 - Assessment; collection; DNA fee.
Section 29-16-13 - DNA identification system fund created; purposes.