A physician or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice, when visiting the penitentiary of New Mexico, shall conform to its rules and regulations. The physician or the physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice shall express no opinion as to the disability of any prisoner except in records kept in the penitentiary.
History: Laws 1889, ch. 76, § 44; C.L. 1897, § 3533; Code 1915, § 5025; C.S. 1929, § 130-108; 1941 Comp., § 45-122; 1953 Comp., § 42-1-22; 2015, ch. 116, § 13.
Cross references. — For physical examination of entering prisoners, see 33-2-16 NMSA 1978.
For notifying relatives of deceased persons, see 24-12-1 NMSA 1978.
For when it is unlawful to furnish drugs or liquor to prisoner, see 30-22-13 NMSA 1978.
The 2015 amendment, effective June 19, 2015, included other health care professionals with each reference to "physician" as it relates to complying with rules and regulations in correctional facilities and keeping records of prisoners' disabilities; added the catchline; in the first sentence, deleted "The" and added "A", after "physician", added "or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice", after "penitentiary", added "of New Mexico", after "conform to", deleted "the" and added "its", after "rules and regulations.", deleted "thereof. He" and added "The physician or the physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice", and after "any prisoner except in", deleted "his record which he shall keep" and added "records kept".
Temporary provisions. — Laws 2015, ch. 116, § 16 provided that by January 1, 2016, every cabinet secretary, agency head and head of a political subdivision of the state shall update rules requiring an examination by, a certificate from or a statement of a licensed physician to also accept such examination, certificate or statement from an advanced practice registered nurse, certified nurse-midwife or physician assistant working within that person's scope of practice.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions § 91.
Medical or surgical services to prisoners, liability for, 44 A.L.R. 1285.
72 C.J.S. Prisons and Rights of Prisoners §§ 80 to 90.
Structure New Mexico Statutes
Chapter 33 - Correctional Institutions
Article 2 - State Correctional Facilities
Section 33-2-1 - Adoption of rules.
Section 33-2-3 - [Previous matters unimpaired.]
Section 33-2-4 - [Transfer of title to new corporation.]
Section 33-2-5 - Disposition of unneeded property.
Section 33-2-6 - Improvements in penitentiary; labor by convicts.
Section 33-2-7 - Penitentiary; conflict of interest[; penalties].
Section 33-2-8 - [Accepting compensation from contractor; aiding escape of prisoner; penalties.]
Section 33-2-9 - Corrections department; contracts; gifts; penalties.
Section 33-2-10 - Penitentiary; rules and regulations.
Section 33-2-11 - Corrections department powers; complaints.
Section 33-2-12.1 - Corrections; family visits.
Section 33-2-14 - Penitentiary; fire.
Section 33-2-15 - Penitentiary; duties.
Section 33-2-17 - Id.; accounts; paying over funds.
Section 33-2-18 - Id.; collection and disbursement of funds.
Section 33-2-19 - What convicts to be confined.
Section 33-2-20 to 33-2-25 - Repealed.
Section 33-2-26 - Payment of prisoners for services.
Section 33-2-29 - Penitentiary; disease.
Section 33-2-30 - [Enforcing commands to prisoners; when wounding or killing justified.]
Section 33-2-31 - [Suppressing disorder; escape and arrest; when wounding or killing justified.]
Section 33-2-32 - Penitentiary; record of misconduct.
Section 33-2-34 - Eligibility for earned meritorious deductions.
Section 33-2-36 - Forfeiture of earned meritorious deductions.
Section 33-2-37 - Restoration of forfeited meritorious deductions.
Section 33-2-38 - Computation of term.
Section 33-2-39 - [Separate sentences construed as cumulative.]
Section 33-2-43 - Penitentiary inmate-release program; establishment.
Section 33-2-44 - Inmate-release program; standards for participation.
Section 33-2-45 - Inmate-release program; visitation privileges.
Section 33-2-46 - Inmate-release program; escape.
Section 33-2-47 - Inmate-release program; conditions of employment.
Section 33-2-49 - Applicability [of Laws 1988, Chapter 78].
Section 33-2-51 - Discharge; opioid use disorder; opioid overdose education; naloxone.