New Mexico Statutes

N.M. Stat. § 52-4-1 (2026)

Definition; health care provider.

✓ current as of May 2026

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As used in Chapter 52 NMSA 1978, "health care provider" means:

   A. a hospital maintained by the state or a political subdivision of the state or any
place currently licensed as a hospital by the department of health that has:

       (1)    accommodations for resident bed patients;

       (2)    a licensed professional registered nurse always on duty or call;

       (3)    a laboratory; and

       (4)    an operating room where surgical operations are performed;

   B. an optometrist licensed pursuant to the provisions of Chapter 61, Article 2 NMSA
1978;

   C. a chiropractic physician licensed pursuant to the provisions of Chapter 61, Article
4 NMSA 1978;
   D. a dentist licensed pursuant to the provisions of Chapter 61, Article 5 NMSA 1978;

   E. a physician licensed pursuant to the provisions of Chapter 61, Article 6 NMSA
1978;

   F. a podiatrist licensed pursuant to the provisions of Chapter 61, Article 8 NMSA
1978;

    G. an osteopathic physician licensed pursuant to the provisions of Chapter 61,
Article 10 NMSA 1978;

   H. a physician assistant licensed pursuant to the provisions of Section 61-6-7 NMSA
1978;

   I. a certified nurse practitioner licensed pursuant to Section 61-3-23.2 NMSA 1978;

  J. a physical therapist licensed pursuant to the provisions of Chapter 61, Article 12
NMSA 1978;

    K. an occupational therapist licensed pursuant to the provisions of Chapter 61,
Article 12A NMSA 1978;

    L. a doctor of oriental medicine licensed pursuant to the provisions of Chapter 61,
Article 14A NMSA 1978;

  M. an athletic trainer licensed pursuant to the provisions of Chapter 61, Article 14D
NMSA 1978;

    N. a psychologist who is duly licensed or certified in the state where the service is
rendered, holding a doctorate degree in psychology and having at least two years of
clinical experience in a recognized health setting, or who has met the standards of the
national register of health services providers in psychology;

   O. a certified nurse-midwife licensed by the board of nursing as a registered nurse
and registered with the behavioral health services division of the human services
department [health care authority department] as a certified nurse-midwife;

   P. a pharmacist licensed pursuant to the provisions of Chapter 61, Article 11 NMSA
1978; or

   Q. any person or facility that provides health-related services in the health care
industry, as approved by the director.

History: 1978 Comp., § 52-4-1, enacted by Laws 1983, ch. 116, § 1; 1989, ch. 263, §
69; 1990 (2nd S.S.), ch. 2, § 49; 1993, ch. 158, § 2; 2007, ch. 325, § 11; 2007, ch. 327,
§ 1; 2007, ch. 328, § 3.
                                      ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law. Laws 2023, ch. 205, § 16 provided that references to the human
services department shall be deemed to be references to the health care authority
department.

2007 Multiple Amendments. — Laws 2007, ch. 325, § 11, Laws 2007, ch. 327, § 1
and Laws 2007, ch. 328, § 3 enacted different amendments to this section that can be
reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2007, ch. 328, § 3, as the last act
signed by the governor, is set out above and incorporates all amendments. The
amendments enacted by Laws 2007, ch. 325, § 11, Laws 2007, ch. 327, § 1 and Laws
2007, ch. 328, § 3 are described below. To view the session laws in their entirety, see
the 2007 session laws on NMOneSource.com.

Laws 2007, ch. 328, § 3, effective June 15, 2007, added Subsection O.

Laws 2007, ch. 325, § 11, effective June 15, 2007, changed "chiropractor" to
"chiropractic physician" and "department of health" to "human services department".

Laws 2007, ch. 327, § 1, effective June 15, 2007, added athletic trainers to the definition
of "health care provider".

The 1993 amendment, effective June 18, 1993, in Subsection A, substituted "a
hospital" for "any hospital", "a political" for "any political", and "department of health" for
"health and environment department"; substituted "Section 61-3-23.2" for "Section 61-3-
14" in Subsection I; substituted "a doctor of oriental medicine" for "an acupuncture
practitioner" in Subsection L; and substituted "department of health" for "health and
environment department" in Subsection N.

The 1990 (2nd S.S.) amendment, effective January 1, 1991, rewrote this section,
which formerly prohibited restrictions in workers' compensation policies on choice of
health care providers, to the extent that a detailed comparison would be impracticable.

"Health care provider" is a phrase with a very specific meaning and includes those in
professions whose expertise would not necessarily require "scientific knowledge."
Banks v. IMC Kalium Carlsbad Potash Co., 2003-NMSC-026, 134 N.M. 421, 77 P.3d
1014.

Health care provider, no NewMexico license. — The phrase "health care provider"
used throughout the 1987 Workers' Compensation Act is a shorthand expression
referring to licensed occupations without reference to the requirement of licensure in
New Mexico. Coslett v. Third St. Grocery, 1994-NMCA-046, 117 N.M. 727, 876 P.2d
656, cert. denied, 117 N.M. 802, 877 P.2d 1105.
Worker is eligible to receive and have insurance carrier pay for services of
chiropractor if the care was related to a compensable disability and such services are
deemed reasonable and necessary. Salcido v. Transamerica Ins. Group, Inc., 1985-
NMSC-002, 102 N.M. 217, 693 P.2d 583.

Employer's failure to provide services. — In the event of the employer's failure to
provide services in accordance with the statutory standard, the worker may seek the
services of another health provider and require the employer to pay for such services,
provided such treatment is related to the injury and is reasonable and necessary. The
question of whether the employer has provided services in accordance with that
standard is ordinarily a question of fact and depends on the circumstances of the
particular case. Bowles v. Los Lunas Schs., 1989-NMCA-081, 109 N.M. 100, 781 P.2d
1178, cert. denied, 109 N.M. 131, 782 P.2d 384.

Standard for admitting expert testimony established by Daubert v. Merrel Dow
Pharmaceuticals, Inc., 509 U.S. 579 (1993), as adopted in New Mexico by State v.
Alberico, 1993-NMSC-047, 116 N.M. 156, 861 P.2d 192, does not apply to the
testimony of a health care provider pursuant to Section 52-1-28(B) or 52-3-32 NMSA
1978. Banks v. IMC Kalium Carlsbad Potash Co., 2003-NMSC-026, 134 N.M. 421, 77
P.3d 1014.

Law reviews. — For case note, "Workers' Compensation Law: A Clinical Psychologist
Is Qualified to Give Expert Medical Testimony Regarding Causation: Madrid v. Univ. of
California, d/b/a Los Alamos National Laboratory," see 18 N.M.L. Rev. 637 (1988).

For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation
§§ 435 to 445.

Workers' compensation: reasonableness of employee's refusal of medical services
tendered by employer, 72 A.L.R.4th 905.

99 C.J.S. Workmen's Compensation §§ 266 to 277.

Notes of Decisions

Cited in 25 cases (3 in the last 5 years), 1985–2024 · leading case: Coslett v. Third Street Grocery, 876 P.2d 656 (N.M. Ct. App. 1994).

Sort: Relevance Newest Treatment

Coslett v. Third Street Grocery, 876 P.2d 656 (N.M. Ct. App. 1994). · cites it 85× “1987), states: In all cases where the employer or his insurance carrier deny that an alleged disability is a natural and direct result of the accident, the worker must establish that causal connection as a probability by expert testimony of a health care provider, as defined in…”

Dingus v. Third Street Grocery, 876 P.2d 656 (N.M. Ct. App. 1994). · cites it 74× “contains the following language: In determining the worker’s compensation benefits payable to a worker under this section for a disability resulting from a scheduled injury, the worker is entitled to be compensated as provided in Subsection A of this section up to the date the…”

Bowles v. Los Lunas Schs., 781 P.2d 1178 (N.M. Ct. App. 1989). · cites it 19× “1986) (the Interim Act); see also NMSA 1978, § 52-4-1 (Repl. Pamp.1987). First, she contends the hearing officer erred in determining her to be partially rather than totally disabled.”

Banks v. IMC Kalium Carlsbad Potash Co., 77 P.3d 1014 (N.M. 2003). · cites it 3× “She relied on the Legislature’s intent, expressed in Section 52-l-28(B), which provides: In all cases where the employer or his [or her] insurance carrier deny that an alleged disability is a natural and direct result of the accident, the worker must establish that causal…”

Vialpando v. Ben's Auto. Servs., 2014 NMCA 84 (N.M. Ct. App. 2014). · cites it 10× “NMSA 1978, § 52-4-1 (2007). In 2007, the list was amended to add licensed pharmacists and athletic trainers.”

Salcido v. Transamerica Ins. Grp., 693 P.2d 583 (N.M. 1985). · cites it 7× “NMSA 1978, § 52-4-1 (Cum.Supp. 1984) (emphasis added).”

Mieras v. Dyncorp, 925 P.2d 518 (N.M. Ct. App. 1996). · cites it 4× “Under NMSA 1978, Section 52-4-1(0) (Cum. Supp.1996), the director of the WCA can approve any person or facility that provides health-related services as a health care provider.”

City of Albuquerque v. Sanchez, 832 P.2d 412 (N.M. Ct. App. 1992). · cites it 3× “The party to whom notice is given may object to the notice and “[s]uch objection shall be deemed to be a Request for Change of Health Care Provider.”

Hernandez v. Mead Foods, Inc., 716 P.2d 645 (N.M. Ct. App. 1986). · cites it 2× “In light of the supervisor’s testimony that he did not recall such a conversation, plaintiff’s overall lack of credibility, and the fact that the trial court found plaintiff was recovered when he went to see Dr.”

Banks v. IMC Kalium Carlsbad Potash Co., 62 P.3d 290 (N.M. Ct. App. 2002). · cites it 7× “{16} Similarly, Worker points out that the phrase “health care provider” is defined in NMSA 1978, § 52-4-1 (1993) as a person who is licensed, certified or registered as a provider of certain specified medical services.”

Sanchez v. Zanio's Foods, Inc., 2005 NMCA 134 (N.M. Ct. App. 2005). · cites it 2× “In this regard, NMSA 1978, § 52-1-28(B) (1987), specifically provides: In all cases where the employer or his insurance carrier deny that an alleged disability is a natural and direct result of the accident, the worker must establish that causal connection as a probability by…”

Slygh v. Rmci, Inc., 901 P.2d 776 (N.M. Ct. App. 1995). · cites it 5× “See NMSA 1978, § 52-5-7(B) (Repl.Pamp.1991) (“The decision of the workers’ compensation judge shall be made in the form of a compensation order, appropriately titled to show its purpose and containing a report of the case, findings of fact and conclusions of law____”) (emphasis…”

Show all 25 citing cases →

— N.M. Stat. § 52-4-1(0) — 3 cases

Mieras v. Dyncorp, 925 P.2d 518 (N.M. Ct. App. 1996). “Under NMSA 1978, Section 52-4-1(0) (Cum. Supp.1996), the director of the WCA can approve any person or facility that provides health-related services as a health care provider.”

Dingus v. Third Street Grocery, 876 P.2d 656 (N.M. Ct. App. 1994). “contains the following language: In determining the worker’s compensation benefits payable to a worker under this section for a disability resulting from a scheduled injury, the worker is entitled to be compensated as provided in Subsection A of this section up to the date the…”

Banks v. IMC Kalium Carlsbad Potash Co., 62 P.3d 290 (N.M. Ct. App. 2002). “{16} Similarly, Worker points out that the phrase “health care provider” is defined in NMSA 1978, § 52-4-1 (1993) as a person who is licensed, certified or registered as a provider of certain specified medical services.”

— N.M. Stat. § 52-4-1(A) — 1 case

Salcido v. Transamerica Ins. Grp., 693 P.2d 583 (N.M. 1985). “NMSA 1978, § 52-4-1 (Cum.Supp. 1984) (emphasis added).”

— N.M. Stat. § 52-4-1(A)(3) — 1 case

Salcido v. Transamerica Ins. Grp., 693 P.2d 583 (N.M. 1985). “NMSA 1978, § 52-4-1 (Cum.Supp. 1984) (emphasis added).”

— N.M. Stat. § 52-4-1(A)(8) — 1 case

Coslett v. Third Street Grocery, 876 P.2d 656 (N.M. Ct. App. 1994). “1987), states: In all cases where the employer or his insurance carrier deny that an alleged disability is a natural and direct result of the accident, the worker must establish that causal connection as a probability by expert testimony of a health care provider, as defined in…”

— N.M. Stat. § 52-4-1(B) — 1 case

— N.M. Stat. § 52-4-1(C) — 4 cases

Bowles v. Los Lunas Schs., 781 P.2d 1178 (N.M. Ct. App. 1989). “1986) (the Interim Act); see also NMSA 1978, § 52-4-1 (Repl. Pamp.1987). First, she contends the hearing officer erred in determining her to be partially rather than totally disabled.”

Hernandez v. Mead Foods, Inc., 716 P.2d 645 (N.M. Ct. App. 1986). “In light of the supervisor’s testimony that he did not recall such a conversation, plaintiff’s overall lack of credibility, and the fact that the trial court found plaintiff was recovered when he went to see Dr.”

— N.M. Stat. § 52-4-1(H) — 2 cases

Vialpando v. Ben's Auto. Servs., 2014 NMCA 84 (N.M. Ct. App. 2014). “NMSA 1978, § 52-4-1 (2007). In 2007, the list was amended to add licensed pharmacists and athletic trainers.”

Vialpando v. Ben's Auto. Servs. (N.M. Ct. App. 2014).

— N.M. Stat. § 52-4-1(O) — 2 cases

— N.M. Stat. § 52-4-1(P) — 2 cases

Vialpando v. Ben's Auto. Servs., 2014 NMCA 84 (N.M. Ct. App. 2014). “NMSA 1978, § 52-4-1 (2007). In 2007, the list was amended to add licensed pharmacists and athletic trainers.”

Vialpando v. Ben's Auto. Servs. (N.M. Ct. App. 2014).

— N.M. Stat. § 52-4-1(Q) — 1 case

Stocker v. Lovelace Rehab. Hosp. (N.M. Ct. App. 2021).

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