41-13-2. Definitions.

310 words·~1 min read·/nm/chapter-41-torts/article-13-governmental-immunity/41-13-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in the Governmental Immunity Act:

A. "employment" includes services provided by an immune contractor;

B. "governmental entity" means the state or a local public body;

C. "immune contractor" means a person that:

(1)is an independent contractor; and

(2)contracts with a governmental entity to provide:

(a)care for children in the custody of the human services department [health care authority department], corrections department or department of health, as a licensed foster parent, excluding foster parents certified by a licensed child placement agency; or

(b)services to the children, youth and families department or the corrections department as a licensed medical, psychological or dental arts practitioner;

(3)is a member of:

(a)a state or local selection panel established pursuant to the Juvenile Community Corrections Act [Chapter 33, Article 9A NMSA 1978];

(b)a state or local selection panel established pursuant to the Adult Community Corrections Act [Chapter 33, Article 9 NMSA 1978];

(c)the board of directors of the New Mexico comprehensive health insurance pool;

(d)a medical review board, a committee or panel established by the educational retirement board or the retirement board of the public employees retirement association;

(e)the board of directors of the New Mexico educational assistance foundation; or

(f)the board of directors of the New Mexico student loan corporation; or

(4)is a volunteer, employee or board member of a court-created special advocate program;

D. "local public body" means a political subdivision of the state and its agencies, instrumentalities and institutions and a water and natural gas association organized pursuant to Chapter 3, Article 28 NMSA 1978;

E. "public employee" means a natural person that is an officer or employee of a governmental entity; and

F. "state" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions.

History: Laws 1999, ch. 268, § 3.