Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Torres-Velásquez/Stefanics/Herndon
LAST UPDATED
ORIGINAL DATE 2/27/25
SHORT TITLE Protections for Safe Harbor Nurses
BILL
NUMBER House Bill 465
ANALYST Klundt
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
No fiscal
impact
No fiscal
impact
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
Board of Nursing New Mexico Office of the Attorney General (NMAG)
SUMMARY
House Bill 465 (HB465) proposes protections for nurses who invoke “safe harbor.” The bill
amends Section 61-3A-3 NMSA 1978, allowing nurses to invoke safe harbor if they believe an
assignment exceeds their competencies or if they question the medical reasonableness of another
provider’s order. It mandates that health care facilities establish a process for nurses to invoke
safe harbor, including notifying supervisors, documenting the invocation, conducting post-
occurrence reviews (which now must inquire about any perceived retaliation), and documenting
resolutions. Importantly, the bill prohibits health care facilities and their personnel from
retaliating against nurses who make a good faith request for safe harbor.
FISCAL IMPLICATIONS
No fiscal impact identified.
SIGNIFICANT ISSUES
At least five states have similar safe harbor protection for nurses while other states rely on
whistle blower laws. The levels of protection and enforcement vary widely for these states. The
New Mexico Office of the Attorney General noted the bill may consider defining the term
“bully” or “bullying” or incorporating the definition located in Section 22-35-2 NMSA 1978.
KK/rl/SR