The miners' hospital of New Mexico is intended and meant to be for the free treatment and care of resident miners of the state of New Mexico, who may become sick or injured in the line of their occupation; and all lodging and medical care shall be free of charge, as shall all other expenses incurred by the patient, except in cases where such patient is possessed of property and means sufficient to enable him to pay the actual costs and charges incurred by his attendance at such hospital, in which case the governing authority may make provision for his being charged and paying such expenses incurred.

Provided, however, the governing authority may take in other patients for treatment and care, upon the payment of all expenses therefor by the patients, when they may be received and treated without excluding any miners from the hospital.

History: Laws 1903, ch. 2, § 9; 1907, ch. 48, § 1; Code 1915, § 5106; C.S. 1929, § 130-501; 1941 Comp., § 5-401; 1953 Comp., § 13-6-1; Laws 1968, ch. 17, § 9.

Compiler's notes. — Laws 1903, ch. 2, § 4, as amended by Laws 1986, ch. 12, § 1, provided for an institution to be called the miners' hospital of New Mexico, which institution is located at the city of Raton in Colfax County, New Mexico.

Laws 2009, ch. 125, § 44, effective June 19, 2009, appropriated $1,000,000 from the miners' trust fund to the miners' hospital for expenditure in fiscal years 2009 through 2013 to purchase and install an automated pharmaceutical dispensing system at the miners' hospital in Raton in Colfax county.

Cross references. — For confirmation as to state institution, see N.M. Const., art. XIV, § 1.

For control and management as provided by law, see N.M. Const., art. XIV, § 3.

For Medical Malpractice Act, see Chapter 41, Article 5 NMSA 1978.

Ownership of facility and equipment by state. — Any facility and/or equipment provided for in the establishment of the miners' hospital is an integral part of that state institution and is fully owned by the State of New Mexico. 1957 Op. Att'y Gen. No. 57-209.

Right of miner to be admitted. — If a person is a miner at the time he seeks admission to the hospital, he meets the requirement of this section. 1960 Op. Att'y Gen. No. 60-127.

Miner who has discontinued his occupation as miner and who becomes sick or infirm, but not in line of his occupation, is not entitled to admission to miners' hospital free of charge. 1915 Op. Att'y Gen. No. 15-1448.

Treatment as outpatient. — Resident miners who meet other statutory requirements may be medically treated as outpatients free of charge. 1962 Op. Att'y Gen. No. 62-119.

Nonminers treated at the miners' hospital must pay all expenses for treatment and care in accordance with the applicable laws including fixed costs. 1988 Op. Att'y Gen. No. 88-21.

When condition temporary. — Resident miners who meet other statutory requirements may be admitted, treated and cared for free of charge when their condition is temporary rather than permanent or chronic. 1962 Op. Att'y Gen. No. 62-119.

Miners' hospital may not sell or dispense medicine and drugs while operating as a public institution which is not licensed as required under the provision of 61-11-1 NMSA 1978 et seq. 1957 Op. Att'y Gen. No. 57-254.

No sales at doctors' request. — The miners' hospital may not sell drugs or medical supplies to people who are not admitted to the hospital as inpatients or outpatients when doctors ask that such be sold to them. 1957 Op. Att'y Gen. No. 57-254.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 40A Am. Jur. 2d Hospitals and Asylums §§ 1 to 26.

41 C.J.S. Hospitals § 6.