1. A. A municipality or county may:

   1. (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;
   2. (2) contract with other political subdivisions or with private ambulance services for the operation of its ambulance service;
   3. (3) lease ambulances and other equipment necessary to the operation of its ambulance service;
   4. (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. (5) transport sick or injured persons from the subdivision boundaries to any place of treatment.
2. 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.

History: 1953 Comp., § 12-15-1, enacted by Laws 1967, ch. 167, § 1; recompiled as 1953 Comp., § 12-27-1, by Laws 1972, ch. 51, § 9; Laws 1974, ch. 82, § 7; 2023, ch. 100, § 6.

ANNOTATIONS

Cross references. — For the Ambulance Standards Act, see 65-6-1 NMSA 1978 et seq.

For definition of duty, rights and laws affecting emergency vehicles, see 66-1-4 to 66-1-4.20, 66-7-6, 66-7-332 NMSA 1978.

For duty of other drivers upon approach of emergency vehicle, see 66-7-332 NMSA 1978.

The 2023 amendment, effective July 1, 2024, removed a reference to the state corporation commission due to the transfer of certain powers and duties to the department of transportation, and made technical changes; and redesignated former Subsections A through E as Paragraphs A(1) through A(5), respectively, and in Paragraph A(1), after "authorized by the", deleted "state corporation commission" and added "department of transportation"; and redesignated former Subsection F as Subsection B.

No duty to provide service. — This section does not impose a mandatory duty on the county to provide an ambulance service. Gallegos v. Trujillo, 1992-NMCA-090, 114 N.M. 435, 839 P.2d 645, cert. denied, 114 N.M. 314, 838 P.2d 468.

"Operation". — "Operation" should not be extended to include funding decisions by a county or the allocation or nonallocation of funds. Gallegos v. Trujillo, 1992-NMCA-090, 114 N.M. 435, 839 P.2d 645, cert. denied, 114 N.M. 314, 838 P.2d 468.

No waiver of governmental immunity. — The language of Subsection F of this section constitutes a bar to personal actions against public employees; it does not provide an independent statutory waiver of governmental immunity. Gallegos v. Trujillo, 1992-NMCA-090, 114 N.M. 435, 839 P.2d 645, cert. denied, 114 N.M. 314, 838 P.2d 468.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for personal injury or property damage from operation of ambulance, 84 A.L.R.2d 121.