In any claim for civil damages arising out of the provision of emergency medical services by personnel described in Section 24-10B-5 NMSA 1978, those personnel shall be considered health care providers for purposes of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] if the claim is against a governmental entity or a public employee as defined by that act.

History: Laws 1983, ch. 190, § 8; 1993, ch. 161, § 9.

ANNOTATIONS

The 1993 amendment, effective June 18, 1993, substituted "24-10B-5 NMSA 1978" for "5 of the Emergency Medical Services Act".

Immunity provision in the Enhanced 911 Act has no relevance in determining potential liability of a 911 dispatcher for mishandling an emergency 911 call. — The legislature did not intend the Enhanced 911 Act, NMSA 1978, §§ 63-9D-1 to 63-9D-11.1, to serve as a vehicle to confer immunity on 911 dispatchers. The Enhanced 911 Act should be construed to provide immunity only for those situations where there is some technical failure in the 911 system itself. The Emergency Medical Services Act, as implemented by the New Mexico Tort Claims Act, provides for immunity for those covered by its provisions except for damages caused by negligence. Ferlic v. Mesilla Valley Reg’l Dispatch Auth., 2025-NMSC-028.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for injury or death allegedly caused by activities of hospital "rescue team," 64 A.L.R.4th 1200.

Application of "firemen's rule" to bar recovery by emergency medical personnel injured in responding to, or at scene of, emergency, 89 A.L.R.4th 1079.