Section 28-22-2 – Definitions.
As used in the New Mexico Religious Freedom Restoration Act: A. “free exercise of religion” means an act or a refusal to act that is substantially motivated by religious belief; and B. “government agency” means the state or any of its political subdivisions, institutions, departments, agencies, commissions, committees, boards, councils, bureaus or authorities. History: Laws […]
Section 28-19-3 – Duties of the commission.
The duties and powers of the commission shall include, but not be limited to, the following: A. to develop a plan for the commemoration and celebration of the official legal holiday honoring Martin Luther King, Jr.; B. to develop and submit to the governor and the legislature recommendations for specific commemorative activities to be undertaken […]
Section 28-17-14 – Confidentiality of information.
A. The files and records of the office may be disclosed only for purposes of fulfilling the duties of the office pursuant to Subsection C of Section 28-17-4 NMSA 1978 at the discretion of the state ombudsman or the state ombudsman’s designee. All state ombudsman files and records pertaining to clients, patients and residents are […]
Section 28-17-15 – Conflict of interest.
The agency shall ensure that: A. no individual or a member of the immediate family of an individual involved in the designation of the ombudsman or the designation of a regional or local ombudsman is subject to a conflict of interest; B. no officer or employee of the office, ombudsman coordinator or representative, or a […]
Section 28-17-16 – Representatives of the office.
Any regional or local ombudsman program designated by the office or any individual certified by the office, whether an employee or an unpaid volunteer, shall be treated as a representative of the office. History: Laws 1989, ch. 208, § 16.
Section 28-17-17 – Immunity from liability.
No representative of the office shall be liable under state law for the good faith performance of official duties pursuant to the Long-Term Care Ombudsman Act. History: Laws 1989, ch. 208, § 17.
Section 28-17-18 – Availability of legal counsel.
The agency shall ensure that: A. adequate legal counsel is available and is able, without conflict of interest, to: (1) provide advice and consultation needed to protect the health, safety, welfare and rights to residents; and (2) assist the ombudsman and representatives of the office in the performance of the official duties of the ombudsman […]
Section 28-17-19 – Interference with the office and retaliation prohibited; penalty; civil; appeal.
A. No person shall willfully interfere with the lawful actions of the office, including the request for immediate entry into a long-term care facility. B. No person shall institute discriminatory, disciplinary or retaliatory action against any resident, employee or other person for filing a complaint, providing information to or otherwise cooperating with a representative of […]
Section 28-18-1 – Repealed.
History: Laws 1990, ch. 4, § 1; 1993, ch. 34, § 1; 1993, ch. 178, § 1; 1995, ch. 69, § 4; 2011, ch. 166, § 2; repealed by Laws 2019, ch. 48, § 37. ANNOTATIONS Repeals. — Laws 2019, ch. 48, § 37 repealed 28-18-1 NMSA 1978, as enacted by Laws 1990, ch. 4, […]
Section 28-18-2 – Repealed.
History: Laws 1990, ch. 4, § 2; 1993, ch. 34, § 2; 1993, ch. 178, § 2; repealed by Laws 2019, ch. 48, § 37. ANNOTATIONS Repeals. — Laws 2019, ch. 48, § 37 repealed 28-18-2 NMSA 1978, as enacted by Laws 1990, ch. 4, § 2, relating to custodian of funds, effective July 1, […]