State of New Mexico
Good Samaritan Laws
N.M. Stat. Ann. §24-10-3 (Michie 2000)(Gen. Stat)
N.M. Stat. Ann. §24-10-4 (Michie 2000)(Emergency Def.)
N.M. Stat. Ann. §24-10B-4M (Michie 2000)(AED Plan)
N.M. Stat. Ann. §24-10C-2 (Michie 2000)(Legis. Findings)
N.M. Stat. Ann. §24-10C-3 (Michie 2000)(AED Def.)
N.M. Stat. Ann. §24-10C-4 (Michie 2000)(AED Req.'s for use)
- Provides immunity for rescuers
- Provided immunity for acquirers and enablers
- Encourages/requires nationally recognized courses on CPR & AED
24-10-3. Persons coming to aid or rescue of another rendering emergency care; release from liability.
No person who comes to the aid or rescue of another person by providing care or assistance in good faith at or near the scene of an emergency, as defined in Section 24-10-4 NMSA 1978, shall be held liable for any civil damages as a result of any action or omission by that person in providing that care or assistance, except when liable for an act of gross negligence; but nothing in this section applies to the provision of emergency care or assistance when it is rendered for remuneration or with the expectation of remuneration or is rendered by a person or agent of a principal who was at the scene of the accident or emergency because he or his principal was soliciting business or performing or seeking to perform some services for remuneration.
24-10-4. Emergency defined.
As used in Sections 24-10-3 and 24-10-4 NMSA 1978, "emergency" means an unexpected occurrence of injury or illness occurring in public or private places to a person that results from:
- motor vehicle accidents and collisions;
- acts of God; and
- other accidents and events of similar nature.
24-10B-4. Bureau; duties.
The bureau is designated as the lead agency for the emergency medical services system, including injury prevention, and shall establish and maintain a program for regional planning and development, improvement, expansion and direction of emergency medical services throughout the state, including:
- promoting, developing, implementing, coordinating and evaluating risk reduction and injury prevention systems.
24-10C-2. Findings and purpose.
- The legislature finds that:
- each year more than three hundred fifty thousand Americans die from out-of-hospital sudden cardiac arrest;
- the American heart association estimates that more than twenty thousand deaths could be prevented each year if early defibrillation were more widely available. In cardiac arrest the first several minutes are the most crucial time in which performing defibrillation can significantly improve chances for survival;
- the reality is that even in the best emergency medical services systems, emergency medical technicians or first responders may not always be able to arrive during that critical window of time; and
- virtually all communities in New Mexico have invested in 911 emergency response systems, emergency medical personnel and ambulance vehicles. However, many of them do not have enough defibrillators in their community [communities].
- It is the purpose of the Cardiac Arrest Response Act [24-10C-1 to 24-10C-7 NMSA 1978] to encourage greater acquisition, deployment and use of automated external defibrillators in communities across the state.
As used in the Cardiac Arrest Response Act [24-10C-1 to 24-10C-7 NMSA 1978]:
- "automated external defibrillator and semi-automatic external defibrillation (AED)" means a medical device heart monitor and defibrillator that:
- has received approval of its pre-market modification filed pursuant to 21 U.S.C. 360(k), from the United States food and drug administration;
- is capable of recognizing cardiac arrest that will respond to defibrillation, ventricular fibrillation or rapid ventricular tachycardia, and is capable of determining whether defibrillation should be performed; and
- (upon determining that defibrillation should be performed, automatically charges and is capable of delivering an electrical impulse to an individual's heart;
- "AED program" means a program of trained targeted responders operating under the supervision of a physician medical director and is registered with the department;
- "defibrillation" means the administration of a controlled electrical charge to the heart to restore a viable cardiac rhythm;
- "department" means the department of health;
- "physician" means a doctor of medicine or doctor of osteopathy who is licensed or otherwise authorized to practice medicine or osteopathic medicine in New Mexico; and
- "trained targeted responder" means a person who has completed an authorized AED training program and who uses an AED.
The information contained in this Site is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this Site. Accordingly, The information on this Site is provided with the understanding that the authors and publishers are not herein engaged in rendering legal advice or services. As such, it should not be used as a substitute for consultation with professional legal advisers.
While we have made every attempt to ensure that the information contained in this Site has been obtained from reliable sources, the authors and publishers are not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this Site is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind. In no event will the authors and publishers be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.