New Mexico Statutes

N.M. Stat. § 24-7A-9 (2026)

Immunities.

✓ current as of May 2026

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A. A health-care provider or health-care institution acting in good faith and in
accordance with generally accepted health-care standards applicable to the health-care
provider or health-care institution is not subject to civil or criminal liability or to discipline
for unprofessional conduct for:

       (1)    complying or attempting to comply with a health-care decision of a person
apparently having authority to make a health-care decision for a patient, including a
decision to withhold or withdraw health care or make an anatomical gift;

        (2)    declining to comply with a health-care decision of a person based on a
belief that the person then lacked authority;

      (3)   complying or attempting to comply with an advance health-care directive
and assuming that the directive was valid when made and has not been revoked or
terminated;

     (4)    declining to comply with a health-care directive as permitted by
Subsection E or F of Section 24-7A-7 NMSA 1978; or

      (5)   complying or attempting to comply with any other provision of the Uniform
Health-Care Decisions Act.

   B. An individual acting as agent, guardian or surrogate under the Uniform Health-
Care Decisions Act is not subject to civil or criminal liability or to discipline for
unprofessional conduct for health-care decisions made in good faith.

History: Laws 1995, ch. 182, § 9; 2000, ch. 54, § 10.
                                      ANNOTATIONS

The 2000 amendment, effective May 17, 2000, inserted "health-care" following both
instances of "health care provider or" in the preliminary language of Subsection A,
inserted "or make an anatomical gift" in Subsection A(1), and updated the statutory
reference in Subsection A(4).

Notes of Decisions

Cited in 2 cases, 2016–2016 · leading case: Morris v. Brandenburg, 2016 NMSC 027 (N.M. 2016).

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Morris v. Brandenburg, 2016 NMSC 027 (N.M. 2016). · cites it 2× “Section 24-7A-9(A)(l). Anda physician who administers pain medication to a patient in compliance with the New Mexico Pain Relief Act, NMSA 1978, §§ 24-2D-1 to -6 (1999, as amended through 2012), even if doing so hastens the patient’s death, is also immune from criminal liability.”

Morris v. Brandenburg, 2016 NMSC 27 (N.M. 2016). · cites it 2× “Section 24-7A-9(A)(1). And a physician who administers pain medication to a patient in compliance with the New Mexico Pain Relief Act, NMSA 1978, §§ 24-2D-1 to -6 (1999, as amended through 2012), even if doing so hastens the patient’s death, is also immune from criminal…”

— N.M. Stat. § 24-7A-9(A)(1) — 1 case

Morris v. Brandenburg, 2016 NMSC 27 (N.M. 2016). “Section 24-7A-9(A)(1). And a physician who administers pain medication to a patient in compliance with the New Mexico Pain Relief Act, NMSA 1978, §§ 24-2D-1 to -6 (1999, as amended through 2012), even if doing so hastens the patient’s death, is also immune from criminal…”

— N.M. Stat. § 24-7A-9(A)(l) — 1 case

Morris v. Brandenburg, 2016 NMSC 027 (N.M. 2016). “Section 24-7A-9(A)(l). Anda physician who administers pain medication to a patient in compliance with the New Mexico Pain Relief Act, NMSA 1978, §§ 24-2D-1 to -6 (1999, as amended through 2012), even if doing so hastens the patient’s death, is also immune from criminal liability.”

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