A physician or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice, when visiting the penitentiary of New Mexico, shall conform to its rules and regulations. The physician or the physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice shall express no opinion as to the disability of any prisoner except in records kept in the penitentiary.
History: Laws 1889, ch. 76, § 44; C.L. 1897, § 3533; Code 1915, § 5025; C.S. 1929, § 130-108; 1941 Comp., § 45-122; 1953 Comp., § 42-1-22; 2015, ch. 116, § 13.
ANNOTATIONSCross references. — For physical examination of entering prisoners, see 33-2-16 NMSA 1978.
For notifying relatives of deceased persons, see 24-12-1 NMSA 1978.
For when it is unlawful to furnish drugs or liquor to prisoner, see 30-22-13 NMSA 1978.
The 2015 amendment, effective June 19, 2015, included other health care professionals with each reference to "physician" as it relates to complying with rules and regulations in correctional facilities and keeping records of prisoners' disabilities; added the catchline; in the first sentence, deleted "The" and added "A", after "physician", added "or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice", after "penitentiary", added "of New Mexico", after "conform to", deleted "the" and added "its", after "rules and regulations.", deleted "thereof. He" and added "The physician or the physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice", and after "any prisoner except in", deleted "his record which he shall keep" and added "records kept".
Temporary provisions. — Laws 2015, ch. 116, § 16 provided that by January 1, 2016, every cabinet secretary, agency head and head of a political subdivision of the state shall update rules requiring an examination by, a certificate from or a statement of a licensed physician to also accept such examination, certificate or statement from an advanced practice registered nurse, certified nurse-midwife or physician assistant working within that person's scope of practice.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions § 91.
Medical or surgical services to prisoners, liability for, 44 A.L.R. 1285.
72 C.J.S. Prisons and Rights of Prisoners §§ 80 to 90.