1. A. A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not discriminate against a person based on that person's use of or refusal to use reproductive health care or gender-affirming health care services.
2. B. A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not deny, restrict or interfere with a person's ability to access or provide reproductive health care or gender-affirming health care within the medical standard of care.
3. C. A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not deprive, through prosecution, punishment or other means, a person's ability to act or refrain from acting during the person's pregnancy based on the potential, actual or perceived effect on the pregnancy.
4. D. A public body or an entity or individual acting on behalf of or within the scope of the authority of a public body shall not impose or continue in effect any law, ordinance, policy or regulation that violates or conflicts with the provisions of the Reproductive and Gender-Affirming Health Care Freedom Act.

5. E. Nothing in the Reproductive and Gender-Affirming Health Care Freedom Act shall be construed to require a health care provider or entity to provide care:

   1. (1) that the health care provider or entity does not otherwise provide or have a duty to provide under state or federal law;
   2. (2) when the provision of service is against the medical judgment of the treating health care provider while acting within the standard of care; or
   3. (3) when an individual does not provide payment or a source of payment for the service when it is required in the ordinary course of business, unless the health care provider has a duty to provide services under state or federal law, regardless of the ability to pay.
6. F. Nothing in the Reproductive and Gender-Affirming Health Care Freedom Act shall be construed to require a managed care organization or health insurance company to cover claims that are not otherwise required to be covered by the terms and conditions of an insurance contract, managed care contract or state or federal law.

History: Laws 2023, ch. 11, § 3.

ANNOTATIONS

Effective dates. — Laws 2023, ch. 11 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.

County and municipal officials exceeded their authority by enacting abortion-related ordinances preempted by state law. — Where several counties and municipalities (respondents) enacted local ordinances prohibiting the mailing or receipt of any abortion-related instrumentality and creating licensing schemes exclusive to abortion clinics and providers, and where the state of New Mexico sought a writ of mandamus and stay of respondents' enforcement of the ordinances and to invalidate the ordinances as preempted by state law, the writ of mandamus was granted because the ordinances plainly conflicted with the provisions of the Reproductive and Gender-Affirming Health Care Freedom Act (act), which prohibits any public body, entity, or individual from interfering with access to reproductive or gender-affirming health care and from imposing penalties for violations of the act's provisions. State ex rel. Torrez v. Bd. of Cnty. Comm'rs for Lea Cnty., 2025-NMSC-011.