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F I S C A L I M P A C T R E P O R T

SPONSOR Komadina

ORIGINAL DATE

LAST UPDATED

01/20/07

HB

SHORT TITLE Amend Definition of “Emergency"

SB 21

ANALYST Hanika Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

SUMMARY

Synopsis of Bill

Senate Bill 21 attempts to revise the definition of the term “emergency" as used in Section 24-

10-3 relating to “persons coming to aid or rescue of another rendering emergency care; release

from liability", and as used in Section 24-10-4 NMSA 1978 relating to “emergency defined".

The effective date of the provisions of this act is July 1, 2007.

FISCAL IMPLICATIONS

There is no appropriation attached to this legislation.

SIGNIFICANT ISSUES

An emergency situation is a situation in which immediate medical care or intervention is

necessary to prevent the death or serious impairment of the health of an individual.

Current law defines “emergency" as 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". Senate Bill 21 appears to expand on

the current definition to include medical or physical conditions or illnesses that may threaten

Senate Bill 21 – Page

2

harm to a person and attempts to provide further release from liability for persons coming to the

aid or rescue of another in the rendering of emergency care.

TECHNICAL ISSUES

Beginning at line 25, “A. a medical or physical condition, including birth, birthing or death: B.

illness…" may appear vague and unclear as to the actual intent of this language. A suggestion

would be to replace line 25 of page 1, and lines 1 and 2 of page 2, with “an adverse health event"

and re-alphabetize accordingly.

OTHER SUBSTANTIVE ISSUES

The Attorney General’s Office reviewed the bill with no issues or concerns identified.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Failure to adopt these rule changes may result in recipients being denied care or services that are

actual emergency situations because of reservations on the part of the first responders.

AHO/nt