As used in the Tort Claims Act:

Terms Used In New Mexico Statutes 41-4-3

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

A. “board” means the risk management advisory board;

B. “governmental entity” means the state or any local public body as defined in Subsections C and H of this section;

C. “local public body” means all political subdivisions of the state and their agencies, instrumentalities and institutions and all water and natural gas associations organized pursuant to Chapter 3, Article 28 NMSA 1978;

D. “law enforcement officer” means a full-time salaried public employee of a governmental entity, or a certified part-time salaried police officer employed by a governmental entity, whose principal duties under law are to hold in custody any person accused of a criminal offense, to maintain public order or to make arrests for crimes, or members of the national guard when called to active duty by the governor;

E. “maintenance” does not include:

(1)     conduct involved in the issuance of a permit, driver’s license or other official authorization to use the roads or highways of the state in a particular manner; or

(2)     an activity or event relating to a public building or public housing project that was not foreseeable;

F. “public employee” means an officer, employee or servant of a governmental entity, excluding independent contractors except for individuals defined in Paragraphs (7), (8), (10), (14) and (17) of this subsection, or of a corporation organized pursuant to the Educational Assistance Act [Chapter 21, Article 21A NMSA 1978], the Small Business Investment Act [Chapter 58, Article 29 NMSA 1978] or the Mortgage Finance Authority Act [Chapter 58, Article 18 NMSA 1978] or a licensed health care provider, who has no medical liability insurance, providing voluntary services as defined in Paragraph (16) of this subsection and including:

(1)     elected or appointed officials; (2)     law enforcement officers;

(3)     persons acting on behalf or in service of a governmental entity in any official capacity, whether with or without compensation;

(4)     licensed foster parents providing care for children in the custody of the human services department, corrections department or department of health, but not including foster parents certified by a licensed child placement agency;

(5)     members of state or local selection panels established pursuant to the Adult Community Corrections Act [Chapter 33, Article 9 NMSA 1978];

(6)     members of state or local selection panels established pursuant to the Juvenile Community Corrections Act [Chapter 33, Article 9A NMSA 1978];

(7)     licensed medical, psychological or dental arts practitioners providing services to the corrections department pursuant to contract;


(8)     members of the board of directors of the New Mexico medical insurance (9)     individuals who are members of medical review boards, committees or panels established by the educational retirement board or the retirement board of the public employees retirement association;

(10)    licensed medical, psychological or dental arts practitioners providing services to the children, youth and families department pursuant to contract;

(11)    members of the board of directors of the New Mexico educational assistance foundation;

(12)    members of the board of directors of the New Mexico student loan guarantee corporation;

(13)    members of the New Mexico mortgage finance authority;

(14)    volunteers, employees and board members of court-appointed special advocate programs;

(15)    members of the board of directors of the small business investment corporation;

(16)    health care providers licensed in New Mexico who render voluntary health care services without compensation in accordance with rules promulgated by the secretary of health. The rules shall include requirements for the types of locations at which the services are rendered, the allowed scope of practice and measures to ensure quality of care;

(17)    an individual while participating in the state’s adaptive driving program and only while using a special-use state vehicle for evaluation and training purposes in that program;

(18)    the staff and members of the board of directors of the New Mexico health insurance exchange established pursuant to the New Mexico Health Insurance Exchange Act [59A-23F-1 to 59A-23F-8 NMSA 1978]; and

(19)    members of the insurance nominating committee;

G. “scope of duty” means performing any duties that a public employee is requested, required or authorized to perform by the governmental entity, regardless of the time and place of performance; and

H. “state” or “state agency” means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions.