TRANSFER AMBULANCE STANDARDS TO DOH

SB0164

SENATE BILL 164

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Pat Woods

AN ACT

RELATING TO EMERGENCY MEDICAL SERVICES; TRANSFERRING FROM THE
DEPARTMENT OF TRANSPORTATION TO THE DEPARTMENT OF HEALTH
RESPONSIBILITY FOR ADMINISTERING AND ENFORCING THE AMBULANCE
STANDARDS ACT, INCLUDING ESTABLISHING STANDARDS, REQUIREMENTS,
TARIFFS, TERMS OF SERVICE AND SERVICE TERRITORIES, PROMULGATING
RULES, ACCEPTING APPLICATIONS AND ISSUING CERTIFICATES FOR
AMBULANCE SERVICES; CREATING THE AMBULANCE CERTIFICATION
PROGRAM; PROVIDING FOR OBJECTIONS, PROTESTS AND PUBLIC
HEARINGS; PROVIDING TO THE DEPARTMENT OF HEALTH ACCESS TO
CERTIFIED AMBULANCE SERVICE RECORDS AND THE POWERS OF
ENFORCEMENT AND SUBPOENA; TRANSFERRING PERSONNEL, FUNCTIONS,
MONEY, APPROPRIATIONS, OTHER PROPERTY AND CONTRACTUAL
OBLIGATIONS; RECOMPILING THE AMBULANCE STANDARDS ACT AND
CHANGING REFERENCES IN LAW; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 5-1-1 NMSA 1978 (being Laws 1967,
Chapter 167, Section 1, as amended) is amended to read:

"5-1-1. POLITICAL SUBDIVISIONS--AMBULANCE SERVICE.--

A. A municipality or county may:

(1) provide ambulance service to transport
sick or injured persons to a place of treatment in the absence
of an established ambulance service only as authorized by the
department of [
transportation
]
health
;

(2) contract with other political subdivisions
or with private ambulance services for the operation of its
ambulance service;

(3) lease ambulances and other equipment
necessary to the operation of its ambulance service;

(4) in the course of its operation of an
ambulance service, proceed to the scene of a disaster beyond
its subdivision boundaries when requested, providing no local
established ambulance service is available or, if one exists,
such local ambulance service deems its capacity inadequate or
insufficient for emergency transportation of the disaster
victims; and

(5) transport sick or injured persons from the
subdivision boundaries to any place of treatment.

B. No personal action shall be maintained in any
court of this state against any member or officer of a
political subdivision for any tort or act done, or attempted to
be done, when done by the authority of the political
subdivision or in execution of its orders under this section.
In all such cases, political subdivisions shall be responsible.
Any member or officer of the political subdivision may plead
the provisions of this section in bar of such action whether it
is now pending or hereafter commenced."

SECTION 2.
Section 24-10B-4 NMSA 1978 (being Laws 1983,
Chapter 190, Section 4, as amended) is amended to read:

"24-10B-4. BUREAU--DUTIES.--The bureau is designated as
the lead agency for the emergency medical services system,
including injury prevention, and shall establish and maintain a
program for regional planning and development, improvement,
expansion and direction of emergency medical services
throughout the state, including:

A. design, development, implementation and
coordination of emergency medical services communications
systems to join the personnel, facilities and equipment of a
given region or system that will allow for medical direction;

B. [
provision of technical assistance to the
department of transportation for further
]
pursuant to the
Ambulance Standards Act, as directed by the department
,
development and implementation of standards
and safety
requirements
for certification of ambulance services, vehicles,

drivers
and equipment
and issuance of certificates permitting
the operation of ambulance services
;

C. development of requirements for the collection
of data and statistics to evaluate the availability, operation
and quality of providers in the state;

D. adoption of rules for emergency medical services
medical direction upon the recommendation of the medical
direction committee;

E. approval of continuing education programs for
emergency medical services personnel;

F. adoption of rules pertaining to the training and
licensure of emergency medical dispatchers and their
instructors;

G. adoption of rules based upon the recommendations
of a trauma advisory committee, for implementation and
monitoring of a statewide, comprehensive trauma care system,
including:

(1) minimum standards for designation or
retention of designation as a trauma center or a participating
trauma facility;

(2) pre-hospital care management guidelines
for the triage and transportation of traumatized persons;

(3) establishment for interfacility transfer
criteria and transfer agreements;

(4) standards for collection of data relating
to trauma system operation, patient outcome and trauma
prevention; and

(5) creation of a state trauma care plan;

H. adoption of rules, based upon the
recommendations of the air transport advisory committee, for
the certification of air ambulance services;

I. adoption of rules pertaining to authorization of
providers to honor advance directives, such as emergency
medical services do not resuscitate forms, to withhold or
terminate care in certain pre-hospital or interfacility
circumstances, as guided by local medical protocols;

J. operation of a critical incident stress
management program for emergency providers utilizing
specifically trained volunteers who shall be considered public
employees for the purposes of the Tort Claims Act when called
upon to perform their duties;

K. adoption of rules to establish a cardiac arrest
targeted response program pursuant to the Cardiac Arrest
Response Act, including registration of automated external
defibrillator programs, maintenance of equipment, data
collection, approval of automated external defibrillator
training programs and a schedule of automated external
defibrillator program registration fees;

L. adoption of rules for the administration of an
emergency medical services certification program for certified
emergency medical services; and

M. promoting, developing, implementing,
coordinating and evaluating risk reduction and injury
prevention systems."

SECTION 3.
Section 24-10B-5 NMSA 1978 (being Laws 1983,
Chapter 190, Section 5, as amended) is amended to read:

"24-10B-5. LICENSURE REQUIRED--PENALTY.--

A. The department shall by rule adopt and enforce
licensure requirements, including minimum standards for
training, continuing education and disciplinary actions
consistent with the Uniform Licensing Act, for all persons who
provide emergency medical services within the state,
irrespective of whether the services are remunerated. The
rules shall include authorization for the bureau to issue at
least annually an updated list of skills, techniques and
medications approved for use at each level of licensure. The
secretary may waive licensure requirements as needed during a
declared emergency.

B. [
Licensed emergency medical technicians may
function within health care facilities under their licensure
and approved New Mexico emergency medical services scope of
practice. Nothing in this subsection shall prohibit a health
care facility from assigning additional duties and
responsibilities in accordance with law. This subsection shall
not expand the New Mexico emergency medical services scope of
practice under the emergency medical technician's license.
]

Licensed emergency medical technicians may, within their scope
of practice, practice in a health care facility under the
supervision and policies of that facility. A licensed
emergency medical technician may not practice in a medical
office that is not a health care facility. A health care
facility may assign additional duties or clinical tasks to a
licensed emergency medical technician while the technician is
acting as an employee or agent of that facility; provided that
such duties are authorized by facility policy and performed
under clinical physician supervision, as allowed by applicable
state or federal laws. Any additional duties or tasks assigned
to an emergency medical technician by a health care facility
shall not be construed to expand or modify the emergency
medical technician's emergency medical services scope of
practice outside the facility or in the performance of
emergency medical services.

C. In addition to the requirements specified in
Subsection A of this section, the department may:

(1) prohibit the use of "emergency medical
dispatcher", "emergency medical technician", "emergency medical
services first responder", "paramedic" or similar terms
connoting expertise in providing emergency medical services by
any person not licensed or certified under the Emergency
Medical Services Act;

(2) deny, suspend or revoke licensure in
accordance with the provisions of the Uniform Licensing Act;
and

(3) establish a schedule of reasonable fees
for application, examination or licensure and regular renewal
thereof.

D. [
Any
]
A
person who [
represents himself to be
]

makes any representation as being
an "emergency medical
dispatcher", "emergency medical technician-basic", "emergency
medical technician-intermediate", "emergency medical
technician-paramedic", "emergency medical services first
responder" or "paramedic" or who uses similar terms connoting
expertise in providing emergency medical services while not
currently licensed under the Emergency Medical Services Act is
guilty of a misdemeanor."

SECTION 4.
Section 24-10B-5.1 NMSA 1978 (being Laws 1993,
Chapter 161, Section 5, as amended) is amended to read:

"24-10B-5.1. LICENSING COMMISSION ESTABLISHED.--

A. The secretary shall appoint an "emergency
medical services licensing commission", which shall be staffed
by the bureau and composed of one lay person, three emergency
medical technicians, one from each level of
emergency medical
technician
licensure, and three physicians, at least two of
whom shall have expertise in emergency medicine and who are
appointed from a list proposed by the New Mexico chapter of the
American college of emergency physicians
or the national
association of emergency medical services physicians
.

B. The composition of the emergency medical
services licensing commission shall reflect geographic
[
diversity
]
distribution
and both public and private interests.
The members shall serve for three-year staggered terms. The
duties of and procedures for the [
emergency medical services
licensing
] commission shall be delineated in rules promulgated
pursuant to Subsection A of Section 24-10B-5 NMSA 1978. Such
duties include:

(1) providing a forum for the receipt of
public comment regarding emergency medical services licensing
matters;

(2) oversight of the bureau's licensure
functions;

(3) receiving complaints, directing
investigations and authorizing the initiation of actions by the
bureau regarding contemplated refusal to grant initial
licensure and for disciplinary actions against licensees; and

(4) the granting of waivers, for good cause
shown, of rules pertaining to licensure renewal.

[
C. The emergency medical services licensing
commission may compel the production of books, records and
papers pertinent to any investigation authorized by the
Emergency Medical Services Act and may seek enforcement of any
subpoena so issued through the district court in the county in
which the custodian of the document is located in camera.

D.
]
C.
The emergency medical services licensing
commission shall meet as needed, but not less frequently than
semiannually. [
The emergency medical services licensing
commission shall be subject to the provisions of the Per Diem
and Mileage Act
]
The members of the commission are entitled to
reimbursement pursuant to the Per Diem and Mileage Act and
shall receive no other perquisite or allowance for service on
the commission
."

SECTION 5.
Section 24-10B-7 NMSA 1978 (being Laws 1983,
Chapter 190, Section 7, as amended) is amended to read:

"24-10B-7. COMMITTEES ESTABLISHED.--

A. The secretary shall appoint a statewide
emergency medical services advisory committee to advise the
bureau in carrying out the provisions of the Emergency Medical
Services Act. The advisory committee shall include, at a
minimum, representatives from the [
state medical society
]
New
Mexico chapter of the American college of emergency physicians
or the national association of emergency medical services
physicians
, the state emergency medical technicians'
association, the state firefighters' association, the New
Mexico ambulance association, the state
emergency
nurses'
association, the association of public safety communications
organization/national emergency numbers association, the lead
state agency for public safety [
and emergency preparedness, the
state emergency services council
], the New Mexico health and
hospital systems association, the university of New Mexico
health sciences center, the state fire chiefs' association, a
consumer, emergency medical service regional offices and other
interested provider and consumer groups as determined by the
secretary. The advisory committee shall establish appropriate
subcommittees, including a trauma advisory committee and an air
transport advisory committee.

B. The joint organization on education committee
shall be composed, at a minimum, of the director and medical
director of the academy and each approved emergency medical
services training program or their [
designee
]
designees
, the
state emergency medical services medical director, the bureau
chief or [
his
]
the bureau chief's
designee, who shall serve
without vote, each emergency medical services regional office
training coordinator and one provider from the three highest
levels of licensure, who are appointed by the secretary from a
list proposed by the statewide emergency medical services
advisory committee. The duties of the joint organization on
education committee include:

(1) developing minimum curricula content for
approved emergency medical services training programs;

(2) establishing minimum standards for
approved emergency medical services training programs;

(3) reviewing and approving the applications
of organizations seeking to become approved emergency medical
services training programs; and

(4) developing minimum qualifications for and
maintaining a list of instructors for each of the approved
emergency medical services training programs.

C. The secretary shall appoint a medical direction
committee to advise the bureau on matters relating to medical
direction. The state emergency medical services medical
director shall be a member of the committee and shall act as
its [
chairman
]
chair
. The medical direction committee shall
include, at a minimum, a physician representative experienced
in pre-hospital medical care selected from a list proposed by
the New Mexico chapter of the American college of emergency
physicians
or the national association of emergency medical
services physicians
, a physician representative from the
academy, one physician from each of the emergency medical
services geographic regions, one physician with pediatric
emergency medicine expertise, one physician representing
emergency medical dispatchers and one provider from the three
highest levels of licensure. Members shall be selected to
represent both public and private interests. The duties of the
medical direction committee include:

(1) reviewing the medical appropriateness of
all rules proposed by the bureau;

(2) reviewing and approving the applications
of providers for special skills authorizations;

(3) assisting in the development of rules
pertaining to medical direction; and

(4) reviewing at least annually a list of
skills, techniques and medications approved for use at each
level of licensure that shall be approved by the secretary and
issued by the bureau.

D. [
The committees created in this section are
subject to the provisions of the Per Diem and Mileage Act, to
the extent that funds are available for that purpose
]
The
members of the committees created pursuant to this section are
entitled to reimbursement pursuant to the Per Diem and Mileage
Act and shall receive no other perquisite or allowance for
service on the committees
.

E. Any decision that the bureau proposes to make
contrary to the recommendation of any committee created in this
section shall be communicated in writing to that committee.
Upon the request of that committee, the decision shall be
submitted for reconsideration to the director of the public
health division of the department and subsequently to the
secretary. Any decision made pursuant to a request for
reconsideration shall be communicated in writing by the
department to the appropriate committee."

SECTION 6.
A new section of the Emergency Medical
Services Act, Section 24-10B-14 NMSA 1978, is enacted to read:

"24-10B-14. [
NEW MATERIAL
] SUBPOENAS--WITNESSES--SERVICE.--

A. For the purposes of the Emergency Medical
Services Act, the department may administer oaths, certify to
official acts, issue subpoenas for witnesses and records,
compel the attendance of witnesses and the production of
evidence in hearings before the department, enforce issued
subpoenas through a court and, through the court, seek a remedy
for contempt. A subpoena issued pursuant to this section shall
command each person to whom it is directed to attend and give
testimony or to produce documents or other designated articles
at a time and place specified in the subpoena.

B. The department shall only subpoena witnesses and
records pertinent to a question lawfully before the department
or bureau. A person shall not be required to testify or
produce documentary evidence in response to an inquiry not
pertinent to a question lawfully before the department.

C. If the department orders a person to appear
before it, the department shall reimburse the witness as
provided for state employees pursuant to the Per Diem and
Mileage Act.

D. Upon request of the department, a district court
may issue a writ of attachment to a person who fails to comply
with a subpoena issued by the department compelling the person
to comply with the subpoena. The court shall have the power to
punish for contempt in the same manner as for disobedience of a
subpoena issued by the court.

E. The department may issue and serve process on a
person affected by delivering a copy of the process either
personally or by certified mail, return receipt requested.
Process served by certified mail shall be directed to the
recipient at the last known address as shown by the records of
the department. Persons who are not licensed or certified by
the department and who have no address on record with the
department shall receive notice by personal service. If the
process is served personally, service shall be made in the same
manner as is provided for service by the Rules of Civil
Procedure for the District Courts. Where process is served by
certified mail, it shall be deemed to have been served on the
date borne by the return receipt showing delivery or the last
attempted delivery of the notice or decision to the addressee
or refusal of the addressee to accept delivery of the notice or
decision.

F. The bureau chief may authorize in writing an
employee or other person to investigate and take testimony
regarding a matter pending before the department."

SECTION 7.
Section 65-6-1 NMSA 1978 (being Laws 1974,
Chapter 82, Section 1, as amended) is recompiled as Section
24-10F-1 NMSA 1978 and is amended to read:

"24-10F-1. SHORT TITLE.--[
Chapter 65, Article 6
]
Chapter
24, Article 10F
NMSA 1978 may be cited as the "Ambulance
Standards Act"."

SECTION 8.
Section 65-6-2 NMSA 1978 (being Laws 1974,
Chapter 82, Section 2, as amended) is recompiled as Section
24-10F-2 NMSA 1978 and is amended to read:

"24-10F-2. DEFINITIONS.--As used in the Ambulance
Standards Act:

A. "ambulance" means a [
vehicle, including
] motor
[
vehicles
]
vehicle
or watercraft designed and used or intended
to be used for the transportation of sick or injured persons

but does not include air ambulances;

B. "ambulance service" means a person or entity
engaged in the intrastate transportation of sick or injured
persons in a ground ambulance regulated pursuant to the
Ambulance Standards Act;

C. "application" means a verified submission to the
department requesting issuance, amendment, transfer, lease,
voluntary suspension, reinstatement or cancellation of a
certificate;

[
B.
]
D.
"attendant" means a person who, on a
regular or irregular basis, either paid or voluntary, serves as
an assistant to the driver in the operation of the ambulance;

E. "authorized territory" means the geographic area
in which a certified ambulance service is authorized to operate
under a certificate or temporary authority;

F. "bureau" means the emergency medical systems
bureau of the department;

G. "certificate" means the authority issued by the
department to a person that authorizes the person to offer and
provide ambulance services;

H. "certified ambulance service" means a person
certified by the department to engage in the intrastate
transportation of sick or injured persons in a ground ambulance
regulated pursuant to the Ambulance Standards Act;

I. "change in certificate" means a voluntary
amendment, transfer, lease, cancellation, suspension,
reinstatement or modification of a certificate;

[
C.
]
J.
"department" means the department of
[
transportation
]
health
; [
and

D.
]
K.
"driver" means a person who, on a regular or
irregular basis, either paid or voluntary, serves as the
operator of an ambulance;

L. "interested person" means:

(1) a certified ambulance service operating in
an authorized territory affected by an application;

(2) a governmental entity or health care
facility impacted by an application; or

(3) any other person the department deems to
have a legitimate interest;

M. "notice period" means the period of time
following publication of notice for an application during which
the department may not approve or deny the application;

N. "objection" means a document filed with the
department by an interested person or a member of the public
during the notice period that expresses an objection to, or
provides information concerning, the application before the
department;

O. "operating authority" means a certificate or
temporary authority issued by the department to an ambulance
service;

P. "protest" means a document filed with the
department by a certified ambulance service that expresses an
objection to an application when the territory involved in the
application includes all or a portion of the full-service
territory of the protesting certified ambulance service located
within the same geographic area as the applicant;

Q. "public need" means a demonstrated need on the
part of the public for ambulance service based on population,
call volume, access to care, transport times, hospital capacity
or other factors affecting patient safety and emergency medical
services;

R. "tariff" means a schedule filed with the
department providing the rates, charges, terms of service and
authorized territory for a certified ambulance service;

S. "temporary authority" means department
authorization allowing operation of a certified ambulance
service for a limited period prior to approval of a certificate
based on urgent public need; and

T. "terms of service" means the conditions
established by rule or specified in a certificate or temporary
authority regarding service characteristics, response
expectations, hours of operation and operational limitations
."

SECTION 9.
Section 65-6-4 NMSA 1978 (being Laws 1974,
Chapter 82, Section 4, as amended) is recompiled as Section
24-10F-4 NMSA 1978 and is amended to read:

"24-10F-4. DEPARTMENT--DUTIES.--

A.
The department [
in accordance with its
responsibilities to regulate common carriers, shall hold public
hearings as prescribed in the Motor Carrier Act and adopt
rules
]
shall
:

[
A.
]
(1) promulgate rules
for the
establishment of reasonable [
flexible
] standards for
ambulances, including [
but not limited to
]:

[
(1)
]
(a)
vehicle design;

[
(2)
]
(b)
health and safety equipment to
be maintained and used in ambulances;

[
(3)
]
(c)
procedures for the operation
of ambulances; and

[
(4)
]
(d) ambulance maintenance
programs, with
at least annual inspection of ambulances; [
and

B.
]
(2) promulgate rules
for the licensure of
all drivers and attendants, to include:

[
(1)
]
(a)
minimum training requirements
to include
safety requirements
, basic and advanced red cross
and such other available training as the department finds
reasonable and in the best interests of the public; and

[
(2)
]
(b)
a written and practical
examination of competence limited to that material, information
and training required of drivers and attendants, respectively,
in the rules adopted by the department;

(3) accept applications and issue certificates
in accordance with the provisions of the Ambulance Standards
Act for the provision of ambulance services in an authorized
territory if the applicant:

(a) complies with the requirements of
the Ambulance Standards Act, rules of the department and other
applicable state and federal laws and regulations;

(b) will serve a useful public purpose
that is responsive to a public demand or need; and

(c) is able to provide the ambulance
services; and

(4) promulgate rules to implement the
Ambulance Standards Act, including:

(a) the application process and the
issuance, renewal, suspension, change and revocation of
certificates;

(b) safety, equipment and vehicle
standards;

(c) operational requirements, continuous
and adequate ambulance service obligations and data collection
requirements;

(d) minimum requirements for financial
responsibility for certified ambulance services;

(e) the approval, amendment and
enforcement of tariffs and rates that can be charged by
certified ambulance services;

(f) reasonable requirements with respect
to continuous and adequate service to be provided by a
certified ambulance service;

(g) requirements for public notice,
objections, protests, administrative hearings and adjudicatory
processes; and

(h) temporary authority, emergency
operations and modifications of authority.

B.
In establishing standards for ambulances, the
department shall give serious consideration to the vehicle
needs and limitations imposed by the topography and road and
weather conditions of various localities. Further, the
department shall take into consideration the resources of the
various communities, institutions and sponsoring organizations
providing ambulance service to the public.

C. Before granting a certificate for the provision
of ambulance services, the department shall consider the effect
that proposed ambulance service would have on existing
ambulance service in the territory and provide a notice period
for a person to submit a protest to an application, consider
any protests and determine whether to hold a hearing on an
application for which a protest is submitted.
"

SECTION 10.
A new section of the Ambulance Standards Act,
Section 24-10F-5 NMSA 1978, is enacted to read:

"24-10F-5. [
NEW MATERIAL
] AMBULANCE SERVICE--REQUIREMENTS.--A person shall not provide ambulance service in
the state without:

A. obtaining a certificate or temporary authority
from the department;

B. obtaining department approval of the person's
tariffs; and

C. carrying proof of financial responsibility in
each motor vehicle that the person operates."

SECTION 11.
A new section of the Ambulance Standards Act,

Section 24-10F-6 NMSA 1978, is enacted to read:

"24-10F-6. [
NEW MATERIAL
] AMBULANCE CERTIFICATION
PROGRAM--ESTABLISHED--SCOPE--REQUIREMENTS.--

A. The "ambulance certification program" is
established within the department. The program shall provide
for certification, regulation and oversight of ambulance
services with the purpose of ensuring that ambulance services
are safe, medically appropriate, financially sound and
responsive to the needs of the public. To ensure comprehensive
oversight of pre-hospital care and ambulance transport
, the
program shall be administered in coordination with all other
components of the emergency medical services system, including
licensing, medical direction, trauma system requirements and
data systems.

B.
A certificate shall:

(1) specify the territory served, the nature
of ambulance service provided, dates of validity and any other
terms of service required by the department to ensure adequate
public protection;

(2) be effective from the date issued by the
department and shall remain in effect until expired, canceled,
revoked, suspended or amended; and

(3) contain endorsements, each of which shall
specify the:

(a) nature of service to be rendered;

(b) authorized territory; and

(c) reasonable terms of service as the
department may require for the particular certificate.

C. Before issuing a certificate, the department
shall:

(1) require and review an application;

(2) electronically publish notice of an
application, including to interested persons;

(3) consider any objections or protests and
hold a public hearing if a protest is filed within the notice
period;

(4) consider the effect that issuance of the
certificate would have on existing ambulance service in the
territory; and

(5) require the ambulance service to obtain
and submit proof to the department of financial responsibility
in the form and amount as required by the department.

D. The department may:

(1) hold a public hearing on an application
even if there is no protest or objection;

(2) approve or deny an application in whole or
in part; and

(3) require reasonable terms of service that
the department finds appropriate and as necessary to protect
public health, safety and welfare.

E. The department shall not approve an application
if it determines that:

(1) existing ambulance service in the
territory in which the new ambulance service is sought is
reasonably continuous and adequate; or

(2) an existing certified ambulance service is
willing and able to provide, and subsequently does provide,
reasonably continuous and adequate ambulance service as ordered
by the department."

SECTION 12.
A new section of the Ambulance Standards Act,
Section 24-10F-7 NMSA 1978, is enacted to read:

"24-10F-7. [
NEW MATERIAL
] AMBULANCE CERTIFICATES--TERRITORIAL ENDORSEMENTS--CHANGES.--

A. Territorial endorsements to a certificate shall
be limited to territory sought in the application that will be
served in a reasonably continuous and adequate manner beginning
within thirty days of the issuance of the certificate or on
such other date as the department may provide. Territorial
endorsements shall be authorized on the basis of county or
municipal boundaries, subject to other specification reasonably
allowed or required by the department.

B. An amendment, a transfer, a lease, a
cancellation, a suspension, a reinstatement or a modification
of a certificate shall not be valid without prior approval of
the department. A change in a certificate shall be effective
from the date issued by the department and remain in effect
until the certificate expires or the department cancels,
revokes, suspends or amends the certificate. The department
may approve changes to a certificate or temporary authority in
accordance with the provisions of the Ambulance Standards Act
and department rule, including:

(1) voluntary cancellation of the certificate;

(2) voluntary suspension of the certificate
for a period not to exceed twelve consecutive months;

(3) changes to the name of the holder of the
certificate;

(4) reinstatement of the certificate following
voluntary suspension;

(5) a change in control of a holder of the
certificate through issuance or transfer of stock or other
legal interest in a holder that is a corporation, partnership,
trust or other legal business entity; and

(6) matters pertaining to transfers by
operation of law."

SECTION 13.
A new section of the Ambulance Standards Act,
Section 24-10F-8 NMSA 1978, is enacted to read:

"24-10F-8. [
NEW MATERIAL
] TEMPORARY AUTHORITY FOR
AMBULANCE SERVICE--HEARING.--

A. The department may grant temporary authority to
an applicant without notice when:

(1) a pending application for permanent
authority has been filed and the notice period for such
application has not yet expired;

(2) urgent and immediate public need for an
ambulance service is demonstrated;

(3) the public may be harmed by waiting for
the notice period to expire; and

(4) the applicant meets requirements for
fitness, financial responsibility and safety.

B. If a hearing is held on an application or for a
tariff rate increase, during the hearing, the applicant may
move for a grant of temporary authority or rate approval for a
period not to exceed the duration of the application process;
or a protester or the department may move in the proceeding for
reconsideration or modification of a grant of temporary
authority previously granted by the department or the hearing
examiner. In such a case, the hearing examiner shall hold an
expedited preliminary public hearing on the grant of temporary
authority on the issues in the proceeding and the testimony
evidence presented in the hearing on such procedural basis as
the department shall prescribe by rule.

C. An ambulance service that is granted temporary
authority shall be held to the same standards and comply with
the same requirements as an ambulance service certified
pursuant to the Ambulance Standards Act.

D. A grant of temporary authority shall not create
a presumption that a certificate will be approved."

SECTION 14.
A new section of the Ambulance Standards Act,
Section 24-10F-9 NMSA 1978, is enacted to read:

"24-10F-9. [
NEW MATERIAL
] OBJECTIONS--PROTESTS--HEARINGS.--

A. An interested person or a member of the public
may file a written objection to an application during the
notice period.

B. The department shall consider the objections and
may hold a public hearing on an application.

C. The department shall hold a hearing on an
application on any such application whenever a protest is filed
within the notice period. The department shall allow a
protesting certified ambulance service to proceed as an
intervenor in the application proceeding.

D. In a public hearing on an application, the
applicant bears the burden of:

(1) demonstrating fitness, financial
responsibility, ability to provide adequate service and
responsiveness to the needs of the public;

(2) proving the applicant meets the
requirements of the Ambulance Standards Act and the rules of
the department for the application at issue;

(3) demonstrating with reasonable specificity
the nature and scope of the applicant's proposed service;

(4) proving any particular factual matters
that the department may identify and require;

(5) proving any additional allegations and
matters of public interest that the department may raise; and

(6) proving that the certified ambulance
service that currently exists in the territory sought in the
application, if any, is inadequate and that the proposed
service is directly responsive to a public need and demand for
the service proposed.

E. In a public hearing on an application, a
protesting certified ambulance service bears the burden of:

(1) demonstrating any claimed adverse impact
on an existing certificated ambulance service;

(2) proving all matters of fact pertaining to
the protesting certified ambulance service's full-service
operation within its authorized territory; and

(3) proving all other allegations and matters
of public interest that the protesting certified ambulance
service may raise.

F. The department may permit additional interested
persons to intervene. A permissive intervenor has the burden
of proof for its position on all factual matters and legal
issues that it alleges and on which it is permitted to
intervene."

SECTION 15.
A new section of the Ambulance Standards Act,
Section 24-10F-10 NMSA 1978, is enacted to read:

"24-10F-10. [
NEW MATERIAL
] TARIFFS AND RATES.--

A. A certified ambulance service shall not commence
operations or perform a new service under its certificate or
temporary authority without having a tariff approved by and on
file with the department.

B. Tariffs shall include all rates, charges, terms
of service, territories and required disclosures.

C. A certified ambulance service shall not charge,
or allow its agents, employees or contract drivers to charge, a
different or additional rate, or use different or additional
practices or terms of service or operate in territories, other
than the rates, practices, terms of service and territories
specified in department-approved tariffs in effect at the time,
except as in accordance with rates and terms of service
established by federal or state law for federal or state
governmental programs or operations.

D. A certified ambulance service shall not pay or
refund, directly or indirectly, to any person a portion of the
rate specified in its approved tariff, offer to a person
privileges or facilities, perform a service or remit anything
of value, except in accordance with rates and terms of service
established by federal and state law for federal and state
governmental entities, programs or operations.

E. The department shall publish on its website
electronic copies of all currently approved tariffs and all
tariff statements filed by certified ambulance services in a
manner to facilitate public access, review and comparison of
rates and terms of service.

F. The following terms of service contained in a
tariff shall not be considered inconsistent with or predatory
or discriminatory in nature under the Ambulance Standards Act
or department rule:

(1) a certified ambulance service may decline
or terminate service under circumstances that reasonably appear
to present a physical danger to the driver, another employee of
the service or a passenger;

(2) a certified ambulance service is not
responsible for cancellations or delays due to weather or road
conditions when reasonably required for safety or when due to
road construction, road closures, law enforcement stops or
similar matters beyond the control of the service; and

(3) a certified ambulance service may require
that all firearms carried by any passenger other than an
authorized law enforcement officer be unloaded and placed in a
locked area of the vehicle during transport, along with all
ammunition and any other weapons.

G. An application for amendments of tariff rates
that increase a tariff rate to a level greater than that
previously approved by the department shall not take effect
until approved by the department. The department shall hold a
hearing for any such application if requested by the applicant.

H. The department shall establish standards
ensuring that rates are nonpredatory, nondiscriminatory and
adequate to support safe and efficient provision of ambulance
services.

I. A person may make a complaint in writing to the
department that a rate or term of service contained in a
tariff, or a rate otherwise charged or practice otherwise at
issue, is inconsistent with or in violation of the Ambulance
Standards Act or department rule. The department may suspend
the operation of a rate, term of service or practice for a
period not to exceed sixty days to investigate the complaint.
If the department finds that a rate charged or a term of
service or practice effected by a certified ambulance service
is unauthorized, predatory or discriminatory, the department
shall prescribe the rate or the maximum or minimum rate to be
observed or the terms of service to be made effective."

SECTION 16.
A new section of the Ambulance Standards Act,
Section 24-10F-11 NMSA 1978, is enacted to read:

"24-10F-11. [
NEW MATERIAL
] RECORDS AND ACCESS.--

A. The department may establish reasonable
requirements for certified ambulance services with respect to
reports, records and systems for recordkeeping and
preservation.

B. The department may require certified ambulance
services to submit annual reports to the department as required
by rule. Any financial data filed by certified ambulance
services in the reports are confidential and shall not be
published or considered a public record for the purposes of the
Inspection of Public Records Act.

C. The department or its employees or duly
authorized agents shall at all times have access to:

(1) land, buildings, improvements to real
property and equipment of certified ambulance services used in
connection with the certified ambulance service's ambulance
service operations; and

(2) records kept by certified ambulance
services.

D. The department may, by order, require a
certified ambulance service, or its officers or agents, to
produce within New Mexico at such reasonable time and place as
the department may designate, original or certified copies of
records regardless of where they are kept by the certified
ambulance service when their production is pertinent to a
matter before the department, in order that the department may
examine them. No trade secret or business confidentiality
immunity or privilege may be asserted by the certified
ambulance service in response to such an order or request;
provided that nothing in this provision shall prevent a
certified ambulance service from moving for, or the department
from entering, an appropriate protective order to preserve the
certified ambulance service's trade secrets or business
confidentiality from further disclosure, nor shall this
provision or any production required under this provision waive
or diminish the certified ambulance service's trade secret or
business confidentiality immunity or privilege as to persons
other than the department."

SECTION 17.
A new section of the Ambulance Standards Act,
Section 24-10F-12 NMSA 1978, is enacted to read:

"24-10F-12. [
NEW MATERIAL
] ENFORCEMENT.--The department
may take actions to enforce the provisions of the Ambulance
Standards Act and department rules with respect to ambulance
services, including:

A. administrative investigations and inspections;

B. issuance and enforcement of subpoenas in
accordance with Section 24-10F-13 NMSA 1978;

C. administrative penalties;

D. suspension, revocation or amendment of
certificates and tariffs; and

E. civil actions to enforce orders, recover
penalties or enjoin violations."

SECTION 18.
A new section of the Ambulance Standards Act,
Section 24-10F-13 NMSA 1978, is enacted to read:

"24-10F-13. [
NEW MATERIAL
] SUBPOENAS--WITNESSES--SERVICE.--

A. For the purposes of the Ambulance Standards Act,
the department may administer oaths, certify to official acts,
issue subpoenas for witnesses and records, compel the
attendance of witnesses and the production of evidence in
hearings before the department, enforce issued subpoenas
through a court and, through the court, seek a remedy for
contempt. A subpoena issued pursuant to this section shall
command each person to whom it is directed to attend and give
testimony or to produce documents or other designated articles
at a time and place specified in the subpoena.

B. The department shall only subpoena witnesses and
records pertinent to a question lawfully before the department.
A person shall not be required to testify or produce
documentary evidence in response to an inquiry not pertinent to
a question lawfully before the department.

C. If the department orders a person to appear
before it, the department shall reimburse the witness pursuant
to the Per Diem and Mileage Act.

D. Upon request of the department, a district court
may issue a writ of attachment to a person who fails to comply
with a subpoena issued by the department compelling the person
to comply with the subpoena. The court shall have the power to
punish for contempt in the same manner as for disobedience of a
subpoena issued by the court.

E. The department may issue and serve process on a
person affected by delivering a copy of the process either
personally or by certified mail, return receipt requested.
Process served by certified mail shall be directed to the
recipient at the last known address as shown by the records of
the department. Persons who are not licensed or certified by
the department and who have no address on record with the
department shall receive notice by personal service. If the
process is served personally, service shall be made in the same
manner as is provided for service by the Rules of Civil
Procedure for the District Courts. Where process is served by
certified mail, it shall be deemed to have been served on the
date borne by the return receipt showing delivery or the last
attempted delivery of the notice or decision to the addressee
or refusal of the addressee to accept delivery of the notice or
decision.

F. The bureau chief may authorize in writing an
employee or other person to investigate and take testimony
regarding a matter pending before the department."

SECTION 19.
Section 65-6-6 NMSA 1978 (being Laws 1974,
Chapter 82, Section 6) is recompiled as Section 24-10F-14 NMSA
1978 and is amended to read:

"24-10F-14. EXCEPTIONS.--The Ambulance Standards Act does
not apply to:

A. gratuitous assistance by [
any individual
]
a
person
in the case of an emergency;

B. law enforcement officials in the pursuit of
their duties; [
and
]
or

C. ambulances owned by a private company,
corporation or business used primarily for the transportation
of sick or injured employees from the place of business to a
hospital or other facility for treatment; however, no such
ambulance may be used to transport any person from one hospital
to another hospital or similar facility or from a hospital to
the sick or injured person's home."

SECTION 20.
Section 27-5-4 NMSA 1978 (being Laws 1965,
Chapter 234, Section 4, as amended) is amended to read:

"27-5-4. DEFINITIONS.--As used in the Indigent Hospital
and County Health Care Act:

A. "ambulance provider" or "ambulance service"
means a specialized carrier based within the state authorized
under provisions and subject to limitations as provided in
individual carrier certificates issued by the department of
[
transportation
]
health
to transport persons alive, dead or
dying en route by means of ambulance service. The rates and
charges established by department of [
transportation
]
health

tariff shall govern as to allowable cost. Also included are
air ambulance services approved by the county. The air
ambulance service charges shall be filed and approved pursuant
to Subsection D of Section 27-5-6 NMSA 1978 and Section 27-5-11
NMSA 1978;

B. "cost" means all allowable costs of providing
health care services, to the extent determined by resolution of
a county, for an indigent patient. Allowable costs shall be
based on medicaid fee-for-service reimbursement rates for
hospitals, licensed medical doctors and osteopathic physicians;

C. "county" means a county except a class A county
with a county hospital operated and maintained pursuant to a
lease or operating agreement with a state educational
institution named in Article 12, Section 11 of the constitution
of New Mexico;

D. "department" or "authority" means the health
care authority;

E. "fund" means a county health care assistance
fund;

F. "health care services" means treatment and
services designed to promote improved health in the county
indigent population, including primary care, prenatal care,
dental care, behavioral health care, alcohol or drug
detoxification and rehabilitation, hospital care, provision of
prescription drugs, preventive care or health outreach
services, to the extent determined by resolution of the county;

G. "indigent patient" means a person to whom an
ambulance service, a hospital or a health care provider has
provided medical care, ambulance transportation or health care
services and who can normally support the person's self and the
person's dependents on present income and liquid assets
available to the person but, taking into consideration the
person's income, assets and requirements for other necessities
of life for the person and the person's dependents, is unable
to pay the cost of the ambulance transportation or medical care
administered or both; provided that if a definition of
"indigent patient" is adopted by a county in a resolution, the
definition shall not include any person whose annual income
together with that person's spouse's annual income totals an
amount that is fifty percent greater than the per capita
personal income for New Mexico as shown for the most recent
year available in the survey of current business published by
the United States department of commerce. "Indigent patient"
includes a minor who has received ambulance transportation or
medical care or both and whose parent or the person having
custody of that minor would qualify as an indigent patient if
transported by ambulance, admitted to a hospital for care or
treated by a health care provider;

H. "medicaid eligible" means a person who is
eligible for medical assistance from the department;

I. "planning" means the development of a countywide
or multicounty health plan to improve and fund health services
in the county based on the county's needs assessment and
inventory of existing services and resources and that
demonstrates coordination between the county and state and
local health planning efforts;

J. "public entity" means a state, local or tribal
government or other political subdivision or agency of that
government; and

K. "qualifying hospital" means an acute care
general hospital licensed by the authority that is qualified to
receive payments from the safety net care pool pursuant to an
agreement with the federal centers for medicare and medicaid
services."

SECTION 21.
Section 65-2A-3 NMSA 1978 (being Laws 2003,
Chapter 359, Section 3, as amended) is amended to read:

"65-2A-3. DEFINITIONS.--As used in the Motor Carrier Act:

A. "ability to provide certificated service" means
that an applicant or carrier can provide reasonably continuous
and adequate transportation service of the type required by its
application or its operating authority in the territory
authorized or sought to be authorized;

B. "ambulance service" means the intrastate
transportation of sick or injured persons in an ambulance
meeting the standards established by the department
of health

under the Ambulance Standards Act;

C. "amendment of a certificate" means a permanent
change in the type or nature of service, territory or terms of
service authorized by an existing certificate;

D. "antitrust laws" means the laws of this state
relating to combinations in restraint of trade;

E. "base state" means the registration state for an
interstate motor carrier that either is subject to regulation
or is transporting commodities exempt from regulation by the
federal motor carrier safety administration pursuant to the
unified carrier registration system;

F. "cancellation of an operating authority" means
the voluntary, permanent termination of all or part of an
operating authority;

G. "certificate" means the authority issued by the
department to a person that authorizes the person to offer and
provide a certificated service as a motor carrier;

H. "certificated service" means one of the
following transportation services:

[
(1) an ambulance service;

(2)
]
(1)
a household goods service;

[
(3)
]
(2)
a shuttle service;

[
(4)
]
(3)
a specialized passenger service; or

[
(5)
]
(4)
a taxicab service;

I. "change in a certificate" means the voluntary
amendment, cancellation, change in form of legal entity of the
holder, lease, reinstatement, transfer or voluntary suspension
of a certificate;

J. "charter service" means the compensated
transportation of a group of persons in a motor vehicle who,
pursuant to a common purpose, under a single contract, at a
fixed charge for the motor vehicle and driver, have acquired
the exclusive use of the motor vehicle to travel together under
an itinerary either specified in advance or modified after
having left the place of origin;

K. "commuter service" means the intrastate
transportation of passengers in motor vehicles having a
capacity of seven to fifteen persons, including the driver,
provided to a volunteer-driver commuter group that shares rides
to and from the workplace or training site, where participation
is incidental to the primary work or training-related purposes
of the commuter group, and where the fees paid by the
participants do not exceed the costs for transportation,
including gas and other trip-related expenses;

L. "continuous and adequate service" means:

(1) for full-service carriers, reasonably
continuous availability, offering and provision of
transportation services through motor vehicles, equipment and
resources satisfying safety and financial responsibility
requirements under the Motor Carrier Act and department rule,
that are reasonably adequate to serve the entire full-service
territory authorized in the certificate, with reasonable
response to all requests for service for the nature of
passenger service authorized, based on the nature of public
need, expense and volume of demand for the type of service
authorized during seasonal periods; and

(2) for general-service carriers, reasonably
continuous availability and offering of transportation services
through motor vehicles, equipment and resources satisfying
safety and financial responsibility requirements under the
Motor Carrier Act and department rule for the nature of the
transportation service authorized in the certificate;

M. "contract driver" means a person who contracts
with a motor carrier as an independent contractor to drive a
vehicle pursuant to an operating authority issued to the motor
carrier;

N. "department" means the department of
transportation;

O. "endorsement" means the specification in a
certificate of the territory in which the carrier is authorized
to operate, the nature of service to be provided by a
certificated passenger service and any additional terms of
service that may be reasonably granted or required by the
department for the particular authority granted;

P. "fare" means the full compensation charged for
transportation by a tariffed passenger service;

Q. "financial responsibility" means the ability to
respond in damages for liability arising out of the ownership,
maintenance or use of a motor vehicle in the provision of
transportation services;

R. "fitness to provide a transportation service"
means that an applicant or carrier complies with state law as
provided in the Motor Carrier Act or by rule of the department;

S. "for hire" means that transportation is offered
or provided to the public for remuneration, compensation or
reward of any kind, paid or promised, either directly or
indirectly;

T. "full service" means one of the following
certificated passenger services that are endorsed and required
to meet specific standards for the provision of service to or
throughout a community:

[
(1) an ambulance service;

(2)
]
(1)
a scheduled shuttle service; or

[
(3)
]
(2)
a municipal taxicab service;

U. "general service" means one of the following
certificated services that provides transportation services of
the type authorized, but is not required to provide
unprofitable or marginally profitable carriage:

(1) a general shuttle service;

(2) a general taxicab service;

(3) a specialized passenger service; or

(4) a household goods service;

V. "highway" means a way or place generally open to
the use of the public as a matter of right for the purpose of
vehicular travel, even though it may be temporarily closed or
restricted for the purpose of construction, maintenance, repair
or reconstruction;

W. "holder of an operating authority" means the
grantee of the operating authority or a person that currently
holds all or part of the right to exercise the authority
through a transfer by operation of law;

X. "household goods" means personal effects and
property used or to be used in a dwelling when a part of the
equipment or supply of the dwelling and other similar property
as the federal motor carrier safety administration may provide
by regulation, but shall not include property moving to or from
a factory or store, other than property the householder has
purchased to use in the householder's dwelling that is
transported at the request of, and the transportation charges
are paid to the carrier by, the householder;

Y. "household goods service" means the intrastate
transportation, packing and storage of household goods for
hire;

Z. "interested person" means a motor carrier
operating in the territory involved in an application or grant
of temporary authority, a person affected by an order of the
department or a rule proposed for adoption by the department or
a person the department may deem interested in a particular
matter;

AA. "interstate motor carrier" means a person
providing compensated transportation in interstate commerce,
whether or not the person is subject to regulation by the
federal motor carrier safety administration;

BB. "intrastate motor carrier" means a motor
carrier offering or providing transportation for hire by motor
vehicle between points and places in the state;

CC. "involuntary suspension" means the temporary
cessation of use of all or part of an operating authority
ordered by the department for cause for a stated period of time
or pending compliance with certain conditions;

DD. "lease of a certificate" means an agreement by
which the holder of a certificate grants to another person the
exclusive right to use all or part of the certificate for a
specified period of time in exchange for consideration, but
does not include an agreement between a motor carrier and its
contract driver;

EE. "lease of equipment" means an agreement whereby
a motor carrier obtains equipment owned by another person for
use by the motor carrier in the exercise of its operating
authority, but does not include an agreement between a motor
carrier and its contract driver;

FF. "motor carrier" or "carrier" means a person
offering or providing transportation of persons, property or
household goods for hire by motor vehicle, whether in
intrastate or interstate commerce;

GG. "motor carrier organization" means an
organization approved by the department to represent motor
carriers and to discuss and propose industry interests and
matters other than rates, as well as discussing and proposing
rates and other matters pertaining to statewide tariffs;

HH. "motor vehicle" or "vehicle" means a vehicle,
machine, tractor, trailer or semitrailer propelled or drawn by
mechanical power and used on a highway in the transportation of
property, household goods or persons, but does not include a
vehicle, locomotive or car operated exclusively on rails;

II. "nature of service" means the type of
transportation service to be provided by a certificated
passenger service as set forth in Subsection A of Section
65-2A-8 NMSA 1978;

JJ. "nonconsensual tow" means the compensated
transportation of a motor vehicle by a towing service, if such
transportation is performed at the request of a law enforcement
officer or without the prior consent or authorization of the
owner or operator of the motor vehicle;

KK. "notice period" means the period of time
specified in Section 65-2A-6 NMSA 1978 following publication of
notice during which the department may not act;

LL. "objection" means a document filed with the
department by an interested person or a member of the public
during the notice period for an application [
for a
certificate
], or for amendment, lease or transfer of a
certificate, that expresses an objection to, or provides
information concerning, the matter before the department;

MM. "operating authority" means a certificate,
warrant, unified carrier registration or temporary authority
issued by the department to a motor carrier;

NN. "passenger" means a person other than the
driver of a motor vehicle transported in a motor vehicle;

OO. "passenger service" means a transportation
service offered or provided for the transportation of
passengers by motor vehicle;

PP. "predatory rate or practice" means the knowing
and willful requirement by a carrier that a passenger or
shipper pay a rate, fare or other charge in excess of the rates
and charges or in a manner other than in accordance with terms
of service as provided by law, as provided in a tariff
governing the carrier or as provided in a preexisting written
contract regarding the carriage, when such charge is made:

(1) by a passenger carrier as a prior
condition for the provision of transportation or continued
transportation of a passenger; or

(2) as a prior condition by a towing service
carrier performing nonconsensual tows or a household goods
service carrier for delivery of, release of or access to
vehicles or household goods by the shipper or registered owner;

QQ. "process" means, in the context of legal
process, an order, subpoena or notice issued by the department
or an order, subpoena, notice, writ or summons issued by a
court;

RR. "property" means movable articles of value,
including cadavers, hazardous matter, farm products, livestock
feed, stock salt, manure, wire, posts, dairy products,
livestock hauled in lots of twenty-five thousand pounds or
more, farm or ranch machinery and the items transported by a
towing service, but does not include household goods or
unprocessed farm products transported by a farmer from the
place of harvesting to market, storage or a processing plant;

SS. "protest" means a document in the form of a
pleading filed with the department by a full-service carrier
that expresses an objection to an application before the
department for a certificate for passenger service [
for
ambulance service
] or for passenger service pursuant to a
public-charge contract or for amendment, lease or transfer of
such a certificate:

(1) when the territory involved in the
application includes all or a portion of the full-service
territory of the protesting carrier; and

(2) [
for a carrier other than an ambulance
service carrier
] when the grant of the application will, or
presents a reasonable potential to, impair, diminish or
otherwise adversely affect its existing provision of full-service passenger service to the public within its full-service
territory;

TT. "public-charge contract" means a contract or
contractual arrangement between a motor carrier and a third
party for passenger service that requires or allows the motor
carrier to charge passengers a fare for the transportation
service to be provided pursuant to the contract;

UU. "rate" means a form of compensation charged,
whether directly or indirectly, by a person for a
transportation service subject to the jurisdiction of the
department;

VV. "record of a motor carrier" means an account,
correspondence, memorandum, tape, disc, paper, book or
transcribed information, or electronic data information,
including the electronic hardware or software necessary to
access the electronic data information in its document form,
regarding the operation of a motor carrier;

WW. "registration year" means a calendar year;

XX. "revocation" means the involuntary, permanent
termination of all or part of an operating authority ordered by
the department for cause;

YY. "shipper" means a person who consigns or
receives property or household goods for transportation;

ZZ. "shuttle service" means the intrastate
transportation of passengers for hire pursuant to a set fare
for each passenger between two or more specified terminal
points or areas and includes both scheduled shuttle service and
general shuttle service as follows:

(1) "scheduled shuttle service" means a
shuttle service that transports passengers to and from an
airport both through prior arrangement and through presentment
at terminal locations, on the basis of a daily time schedule
filed with the department, that must be met in a timely fashion
with a vehicle present at the terminal location regardless of
the number of passengers carried on any run, if any, and that
includes general shuttle service; and

(2) "general shuttle service" means a shuttle
service that is not required to operate on a set schedule, that
may optionally use a grid map to specify distant or adjacent
terminal areas and that is not required to accept passengers
other than pre-arranged passengers;

AAA. "specialized passenger service" means the
intrastate transportation for hire of passengers with special
physical needs by specialized types of vehicles, or for
specialized types of service to the public or community, as the
department may by rule provide;

BBB. "tariff" means a document filed by a tariffed
service carrier that has been approved by the department and
sets forth the transportation services offered by the motor
carrier to the general public, including the rates, terms of
service and applicable time schedules relating to those
services;

CCC. "tariffed service" means one of the following
transportation services authorized by the department for the
provision of service on the basis of rates and terms of service
contained in a tariff approved by the department:

[
(1) an ambulance service;

(2)
]
(1)
a household goods service;

[
(3)
]
(2)
a shuttle service;

[
(4)
]
(3)
a specialized passenger service;

[
(5)
]
(4)
a taxicab service; or

[
(6)
]
(5)
a towing service performing
nonconsensual tows;

DDD. "taxicab association" means an association,
cooperative or other legal entity whose members are taxicab
drivers, which shall be treated in the same manner as any other
applicant with regard to applications for a certificate for
general taxicab service or for full-service municipal taxicab
service and which shall be subject in the same manner to all
other provisions, requirements and limitations of the Motor
Carrier Act;

EEE. "taxicab service" means intrastate
transportation of passengers for hire in a motor vehicle having
a capacity of not more than eight persons, including the
driver, for which the passenger or other person engaging the
vehicle is allowed to specify not only the origin and
destination points of the trip but also, within reason, the
route taken by the vehicle, any intermediate stop, any optional
waiting at a stop and any other passengers transported during
the trip and that charges a fare for use of the vehicle
primarily on the basis of a drop-flag fee, cumulative mileage
and cumulative wait time through a taxicab meter used to
cumulate and display the fare to the passenger and includes
both municipal taxicab service and general taxicab service, as
follows:

(1) "municipal taxicab service" means a
taxicab service that deploys vehicles at all times of the day
and year, is centrally dispatched and reasonably responds to
all calls for service within its endorsed full-service
territory regardless of profitability of the individual trip,
in addition to the transportation service provided by a general
taxicab service; and

(2) "general taxicab service" means a taxicab
service that need not be dispatched, that may pick up on-demand
passengers through flagging or at a taxicab stand or queue,
that need not deploy vehicles in any particular manner and that
may charge for trips to destination points or places outside of
the taxicab service's certificated territories on the basis of
a set fare;

FFF. "terms of service" means all terms, aspects,
practices, limitations, conditions and schedules of service
other than specific rate amounts pertaining to a tariffed
service;

GGG. "towing service" means the use of specialized
equipment, including repossession services using towing
equipment, to transport or store:

(1) a damaged, disabled or abandoned motor
vehicle and its cargo;

(2) a motor vehicle to replace a damaged,
disabled or abandoned motor vehicle;

(3) parts and equipment to repair a damaged,
disabled or abandoned motor vehicle;

(4) a motor vehicle whose driver has been
declared unable to drive by a law enforcement officer;

(5) a motor vehicle whose driver has been
removed from the scene or is unable to drive; or

(6) a motor vehicle repossessed or seized
pursuant to lawful authority;

HHH. "transfer of a certificate" means a permanent
conveyance of all or part of a certificate;

III. "transfer by operation of law" means that all
or a part of a grantee's interest in an operating authority
passes to a fiduciary or other person by application of
established rules of law;

JJJ. "transportation service" means transportation
subject to the jurisdiction of the department, offered or
provided by a motor carrier, that requires the carrier to
obtain an operating authority from the department under the
Motor Carrier Act, regardless of whether the motor carrier has
obtained appropriate operating authority from the department;

KKK. "verification" means a notarized signature
verifying the contents of the document or other filing or a
signature verifying the contents of the document or other
filing under penalty of perjury, expressly providing that the
signatory swears or affirms the contents under penalty of
perjury as provided in Subsection A of Section 65-2A-33 NMSA
1978;

LLL. "voluntary suspension" means the department-authorized cessation of use of all or part of a certificate at
the request of the holder for a specified period of time, not
to exceed twelve consecutive months;

MMM. "warrant" means the authority issued by the
department to a person that authorizes the person to offer and
provide a warranted service as a motor carrier;

NNN. "warranted service" means one of the following
intrastate transportation services offered or provided for
hire:

(1) a charter service;

(2) a property transportation service; or

(3) a towing service; and

OOO. "weight-bumping" means the knowing and willful
statement of a fraudulent weight on a shipment of household
goods."

SECTION 22.
Section 65-2A-8 NMSA 1978 (being Laws 2003,
Chapter 359, Section 8, as amended) is amended to read:

"65-2A-8. CERTIFICATES FOR PASSENGER SERVICE.--

A. The department may issue a certificate for a
passenger service as follows:

[
(1) a certificate for an ambulance service;

(2)
]
(1)
a certificate for a shuttle service
shall be endorsed for nature of service as a scheduled shuttle
service or as a general shuttle service;

[
(3)
]
(2)
a certificate for a specialized
passenger service shall be endorsed for nature of service as
provided by department rule; and

[
(4)
]
(3)
a certificate for a taxicab service
shall be endorsed for nature of service as a municipal taxicab
service or as a general taxicab service.

B. Except as provided in this section and in
Section 65-2A-13 NMSA 1978, the department shall issue a
certificate allowing a person to provide passenger service
after notice and public hearing requirements are met, if:

(1) the applicant is fit and able to provide
the transportation service to be authorized by the certificate;

(2) the applicant is in compliance with the
safety and financial responsibility requirements of the Motor
Carrier Act, the rules of the department and other applicable
federal and state laws and rules;
and

[
(3) for an application for ambulance service,
the transportation service to be provided under the certificate
is or will serve a useful public purpose that is responsive to
a public demand or need; and

(4)
]
(3)
the applicant has filed a tariff as
provided in Section 65-2A-20 NMSA 1978.

C. Before granting a certificate for passenger
service, the department shall consider any objections or
protests that were filed within the notice period.

[
D. Before granting a certificate for ambulance
service, the department shall also consider the effect that
issuance of the certificate would have on existing ambulance
service in the territory.

E.
]
D.
A certificate issued by the department for
provision of passenger service shall contain one or more
endorsements, each of which shall specify the:

(1) nature of service to be rendered;

(2) territory authorized to be served; and

(3) reasonable terms of service as the
department may allow or require for the particular certificate.

[
F.
]
E.
Territorial endorsements to a certificate
for passenger service shall:

(1) be limited to territory sought in the
application that will be served in a reasonably continuous and
adequate manner beginning within thirty days of the issuance of
the certificate or such other definite period or date as the
department may provide for a particular application and shall
generally be authorized on the basis of county or incorporated
municipal boundaries, subject to other specification reasonably
allowed or required by the department;

(2) except for shuttle services, authorize
transportation between points and places within the specified
territory, and from points and places within the specified
territory to all points and places in the state and return,
unless otherwise expressly allowed or specified in the terms of
service in the endorsement to the certificate; and

(3) for shuttle services, provide for
transportation between two or more specified end or
intermediate terminal points or areas, and authorize pick-up or
drop-off of passengers throughout a terminal area, but shall
not authorize transportation between points and places within a
single terminal area or the provision of transportation
services in any other areas of the state."

SECTION 23.
Section 65-2A-13 NMSA 1978 (being Laws 2003,
Chapter 359, Section 13, as amended) is amended to read:

"65-2A-13. PROTESTS, OBJECTIONS AND HEARINGS.--

A. Any interested person or any member of the
public may provide information to the department or express an
objection to any application for a certificate, or for
amendment, lease or transfer of a certificate, during the
notice period for the application by filing a written objection
in regard to the application. The department shall consider
any objections filed in regard to determining whether to hold a
hearing on the application. The department is not required to
hold a hearing pursuant to any objection but may, in its
discretion or on its own motion for any reason, hold a hearing
on any application for a certificate or for an amendment, lease
or transfer of a certificate.

B. The department shall hold a hearing on an
application whenever a protest is filed within the notice
period or the traffic safety bureau of the department files a
request for a hearing relative to an application within the
notice period. The department shall allow a protesting carrier
to proceed as an intervenor in the application proceeding.

C. In any hearing held on an application:

(1) the applicant has the burden of proving
that the applicant meets the requirements of the Motor Carrier
Act and the rules of the department for the application at
issue, the burden of demonstrating with reasonable specificity
the nature and scope of its proposed transportation service,
the burden of proving any particular factual matters that the
department or the traffic safety bureau of the department may
identify and require
and
the burden of proving any additional
allegations and matters of public interest that it may raise
[
and, if the application pertains to ambulance service, the
burden of proving that the ambulance service that currently
exists in the territory sought in the application is inadequate
and that the proposed service is directly responsive to a
public need and demand for the service proposed
];

(2) a protesting carrier has the burden of
proving all matters of fact pertaining to its full-service
operation within its certificated full-service territory, the
burden of proving the potential impairment or adverse impact on
its existing full-service operation by the transportation
service proposed by the applicant and the burden of proving all
other allegations and matters of public interest that it may
raise. The protesting carrier's proof should include, without
limitation, a demonstration with reasonable specificity of the
nature of the existing full service being provided, the volume
of passengers transported, economic analysis related to
expenses and revenues of the full-service operation and the
anticipated economic, business or functional effect of the
proposed service on the existing provision of, or rates for,
full-service transportation within the full-service territory;

(3) the department may allow other interested
persons to intervene, either generally or on the basis of
specific facts or issues. A permissive intervenor has the
burden of proof for its position on all factual matters and
legal issues that it alleges and on which it is permitted to
intervene; and

(4) all parties to a hearing may base their
demonstration and proof on business data, experienced persons
and mathematical calculations. Expert testimony shall not be
required of any party but may be provided at the option of a
party.

D. The department shall not grant an application:

[
(1) for a certificate for ambulance service,
or for amendment, lease or transfer of such a certificate, if
it finds after hearing that the existing ambulance service is
provided on a reasonably continuous and adequate basis in the
territory in which the new service is sought or that the holder
of the certificate or lessee providing the existing ambulance
service in such territory is willing and able to provide, and
does subsequently provide, reasonably continuous and adequate
service within such territory, as specified by department
order;

(2)
]
(1)
for a new certificate for general
taxicab service within the full-service territory of a
protesting municipal taxicab service carrier; or

[
(3)
]
(2)
for a certificate for any passenger
service other than those identified in [
Paragraphs (1) and (2)
]

Paragraph (1)
of this subsection, or for amendment, lease or
transfer of such a certificate, within a protesting full-service carrier's full-service territory, if it finds after
hearing that the grant of the application presents a reasonable
potential to impair, diminish or otherwise adversely affect the
existing provision of full-service passenger service to the
public in the full-service territory or if the application is
otherwise contrary to the public interest in the full-service
territory. In considering the potential effect on provision of
transportation services to the public in regard to such an
application, the department shall consider all evidence
presented pertaining to such potential effect, including
evidence of the effect that diversion of revenue or traffic may
have on the provision of full-service passenger service to the
community. Diversion of revenue or traffic from an existing
motor carrier shall not, however, be sufficient grounds for
denying the application without a showing that the diversion
presents a reasonable potential to affect the provision of
full-service passenger service to the community."

SECTION 24.
Section 65-2A-20 NMSA 1978 (being Laws 2003,
Chapter 359, Section 20, as amended) is amended to read:

"65-2A-20. TARIFFS.--

A. A tariffed service carrier shall not commence
operations or perform a new service under its operating
authority without having an approved tariff on file with the
department.

B. A tariffed service carrier shall file with the
department proposed tariffs showing the rates for
transportation and all related activities and containing a
description of the type and nature of the service, territory
and all terms of service for transportation and related
services. The rates shall be stated in terms of United States
currency. Tariffs for individual carriers shall also include
the carrier's legal name, all business trade names used by the
carrier, contact information, information for service of
process, the territory authorized for each transportation
service listed in the tariff and any terms of service contained
in the operating authorities for that particular carrier. Each
tariffed service carrier operating pursuant to a statewide
tariff shall file with the department a tariff statement
referencing the statewide tariff being used and include the
carrier's legal name, all business trade names used by the
carrier, contact information, information for service of
process, the territory authorized for that carrier and any
terms of service contained in the operating authority for that
particular carrier.

C. A tariffed service carrier shall not charge, or
permit its agents, employees or contract drivers to charge, a
different or additional rate, or to use different or additional
practices or terms of service, for transportation or for a
service rendered to or for the user of the service other than
the rates and terms of service specified in approved tariffs in
effect at the time, except:

(1) for [
ambulance and
] household goods
service carriers, in accordance with rates and terms of service
established by federal or state law for federal or state
governmental programs or operations; and

(2) for tariffed passenger service carriers,
[
other than ambulance service carriers
] in accordance with the
rates and terms of service established by governmental programs
or operations in which they voluntarily participate.

D. A tariffed service carrier shall not pay or
refund, directly or indirectly to any person, a portion of the
rate specified in its approved tariff, offer to a person
privileges or facilities, perform a service or remit anything
of value, except:

(1) in accordance with tariffs approved by the
department;

(2) for [
ambulance and
] household goods
service carriers, in accordance with rates and terms of service
established by federal and state law for federal and state
governmental entities, programs or operations;

(3) for tariffed passenger service carriers,
[
other than ambulance service carriers
] in accordance with the
rates and terms of service established by governmental programs
or operations in which they voluntarily participate; or

(4) in settling or resolving a claim by a
customer.

E. The department shall post on its internet
website electronic copies of all currently approved individual
and statewide tariffs, and all tariff statements filed by
carriers using statewide tariffs, in a manner to facilitate
public access, review and comparison of rates and terms of
service. A certificated passenger service carrier [
other than
an ambulance service carrier
] shall post its tariff rates in
each vehicle used in the provision of its transportation
service.

F. A tariffed service carrier shall file an
application with the department for any change in the tariff,
accompanied by the proposed tariff, at least twenty days prior
to implementation of the amended rates and terms of service
contained in the tariff. Except as provided in this section,
an amended tariff shall be approved and become effective twenty
days after filing of the application for a change in the
tariff. The department shall post notice of each application
for a change in a tariff along with a copy of the proposed
tariff on the department website.

G. No changes in terms of service disapproved by
the traffic safety bureau of the department as inconsistent
with the Motor Carrier Act, rule of the department, the
individual operating authority of the carrier or otherwise in
violation of law shall become effective or be part of the
approved tariff. The following terms of service contained in a
tariff shall not be considered inconsistent with, or predatory
or discriminatory in nature under the Motor Carrier Act or
department rule:

(1) a carrier may decline or terminate service
under circumstances that reasonably appear to present a
physical danger to the driver, to another employee of the
carrier or to passengers or [
for carriers other than ambulance
service carriers
] a danger to the condition of the motor
vehicle or cargo;

(2) a carrier is not responsible for
cancellations or delays due to weather or road conditions when
reasonably required for safety or when due to road
construction, road closures, law enforcement stops or similar
matters beyond the control of the carrier;

(3) a passenger service carrier may require
that all firearms carried by any passenger other than an
authorized law enforcement officer be unloaded and placed in a
locked area of the vehicle during transport, along with all
ammunition and any other weapons; or

(4) a passenger service carrier [
other than an
ambulance service carrier
] may decline or terminate service
when the passenger cannot give an adequate description of, or
direction to, the destination or cannot transfer into or out of
the motor vehicle without requiring physical assistance from
the driver.

H. An application for amendment of tariff rates
that increases any tariff rate to a level greater than that
previously approved by the department for a full-service
carrier or a towing service providing nonconsensual tows shall
not become effective until approved by the department as
reasonable under Section 65-2A-21 NMSA 1978. The department
shall hold a hearing appropriate to the type of transportation
service provided by the carrier for any such application, if
requested by the applicant or by the traffic safety bureau of
the department, or if ordered in the discretion of the
department. The department may provide for reasonable periodic
rate increases for full-service carriers or towing services
providing nonconsensual tows pursuant to a rate escalator or
adjustment clause for any or all rates of a carrier on such
basis as the department finds reasonable.

I. A person may make a complaint in writing to the
department that a rate or term of service contained in a
tariff, or a rate otherwise charged or practice otherwise
effected, is inconsistent with or in violation of the Motor
Carrier Act, department rule or the operating authority or
current tariff of the motor carrier. The department may
suspend the operation of a rate, term of service or practice
for a period not to exceed sixty days to investigate its
reasonableness. If the department finds that a rate charged by
a tariffed carrier, or a term of service or practice effected
by a tariffed carrier, is unauthorized, predatory or
discriminatory, the department shall prescribe the rate or the
maximum or minimum rate to be observed or the terms of service
to be made effective."

SECTION 25.
TEMPORARY PROVISIONS.--

A. On January 1, 2027, all functions,
appropriations, money, records, equipment, supplies and other
property of the department of transportation related to
ambulance standards are transferred to the department of
health.

B. On January 1, 2027, all contractual obligations
of the department of transportation related to ambulance
standards are transferred to and binding on the department of
health.

C. Beginning January 1, 2027, all references in law
and rules to the department of transportation related to
ambulance standards shall be deemed references to the
department of health.

D. The rules and decisions of the department of
transportation related to motor carrier ambulance standards
shall remain in effect until repealed or amended.

E. Ambulance service certifications, tariffs or
approvals issued prior to January 1, 2027 shall remain valid
until modified, suspended, revoked or as otherwise agreed upon
by the department of health.

SECTION 26.
APPROPRIATION.--One hundred thousand dollars
($100,000) is appropriated from the general fund to the
department of health for expenditure in fiscal years 2027 and
2028 to carry out the provisions of the Ambulance Standards
Act. Any unexpended balance remaining at the end of fiscal
year 2028 shall revert to the general fund.

SECTION 27.
EFFECTIVE DATE.--The effective date of the
provisions of this act is January 1, 2027.

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