If a county-municipal hospital is authorized, the board of county commissioners and the governing body of the municipality may jointly:

A. lease the hospital upon such terms and conditions as they may determine to a person, firm, corporation, association or the county or municipality for the operation and maintenance of the hospital, provided that the lease may be terminated by the board of county commissioners and the governing body of the municipality without cause upon one hundred eighty days' notice after the first three years of the lease;

B. enter into an agreement with the state human services department for the care of sick or indigent persons;

C. accept gifts, endowments or grants-in-aid for the purpose of constructing, equipping and maintaining the hospital or endowing rooms or wards for sick, needy or indigent persons; or

D. perform any act or adopt any regulation necessary or expedient to carry out the purposes of Sections 3-44-2 through 3-44-4 NMSA 1978.

History: 1953 Comp., § 14-45-3, enacted by Laws 1965, ch. 300; 2001, ch. 291, § 2.

The 2001 amendment, effective June 15, 2001, added the proviso in Subsection A, substituted "human services" for "welfare" in Subsection B, and substituted "3-44-2 through 3-44-4 NMSA 1978" for "14-45-2 through 14-45-4 New Mexico Statutes Annotated, 1953 Compilation" in Subsection D.

Pleading. — Where a hospital seeks a stay of execution on a judgment, without bond, because an appeal has been taken, and the motion relies upon an affidavit by the hospital administrator which states that the movant is a "county-municipal hospital," the affidavit is deficient where it fails to state either that a city-county organization operated the hospital or that it was not leased to some other entity. Robinson v. Memorial Gen. Hosp., 1982-NMCA-167, 99 N.M. 60, 653 P.2d 891.

Purchases made by hospital. — A county-municipal hospital is a local public body. Therefore, purchases made by such a hospital must be made in compliance with the provisions of the Public Purchases Act. 1969 Op. Att'y Gen. No. 69-78.

Funds held by county-municipal hospital are public moneys. 1969 Op. Att'y Gen. No. 69-78.

Boards of trustees are not empowered to accept gifts, endowments or grants-in-aid, but such must be given to the boards of county commissioners or the governing body of the municipality. 1956 Op. Att'y Gen. No. 56-6437.