52-1-3.1.  Public employee.

A. As used in the Workers’ Compensation Act [52-1-1 NMSA 1978], unless otherwise provided, “public employee” means any person receiving a salary from, and acting in the service of, the state or any county, municipality, school district, drainage, irrigation or conservancy district, public institution or administrative board, including elected or appointed public officers.

B. “Public employee” includes an unpaid health professional deployed by the department of health within New Mexico in response to a declared public emergency or public health emergency or deployed by the department of health outside New Mexico in response to a request for emergency health personnel made pursuant to the Emergency Management Assistance Compact [12-10-14 NMSA 1978]; provided that, for purposes of the Workers’ Compensation Act [52-1-1 NMSA 1978]:

     (1) the department of health shall be considered to be the employer of the person;

     (2) the person’s average weekly wage, for the purpose of calculating compensation, shall be considered to be the average weekly wage for similar services performed by paid workers in like employment; and

     (3) the person shall not be considered an employee in the calculation of any fee pursuant to Section 52-5-19 NMSA 1978.

C. “Public employee” does not include an independent contractor.