2023 New Mexico Statutes
Chapter 24 - Health and Safety
Article 4 - District Health Officers
Section 24-4-1 - District health officer; compensation; private practice prohibited; exception.

Each district health officer shall receive the salary prescribed for such position by the state personnel board. The salary shall constitute full authority for the district health officers and they shall receive no other salary payment or fees from any other public source. No district health officer shall engage in the private practice of medicine, maintain an office for the practice of medicine, nor accept nor receive any fee, gratuity or emolument of any form for rendering medical or surgical service to any citizen of this state, except that permission for such practice may be given by the secretary of the health and environment department [secretary of health] in any district, the board of which has declared an emergency to exist.

History: Laws 1935, ch. 131, § 6; 1941 Comp., § 71-206; Laws 1947, ch. 172, § 4; 1953 Comp., § 12-2-6; Laws 1957, ch. 174, § 3; 1973, ch. 4, § 8; 1977, ch. 253, § 17; 1980, ch. 81, § 1.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department and enacted a new 9-7-4 NMSA 1978 which created the department of health. Section 9-7-5 NMSA 1978, as amended by Laws 1991, ch. 25, § 17, made the secretary of health the administrative head of the department.

Cross references. — For appointment and establishment of powers and duties of district health officers and assistants, see 24-1-4 NMSA 1978.

For state personnel board, see 10-9-8 NMSA 1978.

Section prohibits district health officers from engaging in the practice of medicine except in conjunction with their duties as health officers. 1953 Op. Att'y Gen. No. 53-5753.

Acceptance of payment for services. — Where the board has not declared a state of emergency to exist in the district, the district health officer may not accept payment for his services since such would constitute the private practice of medicine and the receipt of a "fee, gratuity or emolument" for rendering medical or surgical services. 1957 Op. Att'y Gen. No. 57-117.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Health § 8 et seq.

39A C.J.S. Health and Environment §§ 9 to 15.