SB 585
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AN ACT
RELATING TO HEALTH; AMENDING CERTAIN DEFINITIONS IN THE
PUBLIC HEALTH ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 24-1-2 NMSA 1978 (being Laws 1973,
Chapter 359, Section 2, as amended) is amended to read:
"24-1-2. DEFINITIONS.--As used in the Public Health
Act:
A. "department" or "division" means the children,
youth and families department as to child care centers,
residential treatment centers that serve persons up to
twenty-one years of age, community mental health centers that
serve only persons up to twenty-one years of age, day
treatment centers that serve persons up to twenty-one years
of age, shelter care homes and those outpatient facilities
that are also community-based behavioral health facilities
serving only persons up to twenty-one years of age and the
department of health as to all other health facilities;
B. "director" means the secretary;
C. "person", when used without further
qualification, means an individual or any other form of
entity recognized by law;
D. "health facility" means a public hospital,
profit or nonprofit private hospital, general or special
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hospital, outpatient facility, maternity home or shelter,
adult daycare facility, nursing home, intermediate care
facility, boarding home not under the control of an
institution of higher learning, child care center, shelter
care home, diagnostic and treatment center, rehabilitation
center, infirmary, community mental health center that serves
both children and adults or adults only, residential
treatment center that serves persons up to twenty-one years
of age, community mental health center that serves only
persons up to twenty-one years of age and day treatment
center that serves persons up to twenty-one years of age or a
health service organization operating as a freestanding
hospice or a home health agency. The designation of these
entities as health facilities is only for the purposes of
definition in the Public Health Act and does not imply that a
free-standing hospice or a home health agency is considered a
health facility for the purposes of other provisions of state
or federal laws. "Health facility" also includes those
facilities that, by federal regulation, must be licensed by
the state to obtain or maintain full or partial, permanent or
temporary federal funding. It does not include the offices
and treatment rooms of licensed private practitioners; and
E. "secretary" means the secretary of children,
youth and families as to child care centers, residential
treatment centers that serve persons up to twenty-one
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years of age, community mental health centers that serve only
persons up to twenty-one years of age, day treatment centers
that serve persons up to twenty-one years of age, shelter care
homes and those outpatient facilities that are also community-
based behavioral health facilities serving only persons up to
twenty-one years of age and the secretary of health as to all
other health facilities."