Chapter 24, Chapter 24

of age or older. A. An unemancipated minor fourteen years of age or older who has capacity to consent may give consent for medically necessary health care; provided that the minor is: (1) living apart from the minor's parents or legal guardian; or (2) the parent of a child. B. Fo…

A. Before implementing a health-care decision made for a patient, a supervising health-care practitioner shall promptly communicate to the patient the decision made and the identity of the person making the decision. B. A supervising health-care practitioner who knows of the exis…

Unless otherwise specified in an advance health-care directive, a person then authorized to make health-care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health-care information…

A. A health-care provider or health-care institution acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care provider or health-care institution is not subject to civil or criminal liability or to discipline for unprofess…

Chapter 24, Article 7B NMSA 1978 may be cited as the "Mental Health Care Treatment Decisions Act". History: Laws 2006, ch. 7, § 1; 2009, ch. 159, § 4.

Unless otherwise specified in an advance directive for mental health treatment, a person then authorized to make mental health treatment decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any o…

A. A health care provider or mental health treatment facility acting reasonably and on reasonable grounds and in accordance with generally accepted health care standards applicable to the health care provider or mental health treatment facility is not subject to civil or criminal…

A. No insurer or other provider of benefits regulated by the New Mexico Insurance Code [Chapter 59A NMSA 1978, except for Articles 30A and 42A] or a state agency shall require a person to execute or revoke an advance directive for mental health treatment as a condition for member…

A. A health care provider or mental health treatment facility that intentionally violates the Mental Health Care Treatment Decisions Act is subject to liability to the aggrieved individual for damages of five thousand dollars ($5,000) or actual damages resulting from the violatio…

A copy of a written advance directive for mental health treatment or revocation of an advance directive for mental health treatment has the same effect as the original. History: Laws 2006, ch. 7, § 14.

A. The Mental Health Care Treatment Decisions Act does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance directive for mental health treatment. B. Death resulting from the withholding or withdrawal of health care in …

A. An advance directive for mental health treatment is valid for purposes of the Mental Health Care Treatment Decisions Act if it complies with the provisions of that act, regardless of when or where executed or communicated. B. The Mental Health Care Treatment Decisions Act does…

The purpose of the Mental Health Care Treatment Decisions Act is to ensure appropriate care and treatment of persons with behavioral health needs in the community. History: Laws 2006, ch. 7, § 2.

As used in the Mental Health Care Treatment Decisions Act: A. "advance directive for mental health treatment" means an individual instruction or power of attorney for mental health treatment made pursuant to the Mental Health Care Treatment Decisions Act; B. "agent" means an indi…

A. An adult or emancipated minor, while having capacity, has the right to make the adult or emancipated minor's own mental health treatment decisions and may give an individual instruction. The individual instruction may be oral or written; if oral, it shall be made by personally…

A. The Mental Health Care Treatment Decisions Act does not affect the right of an individual to make mental health treatment decisions while having the capacity to do so. B. An individual is presumed to have capacity to make a mental health treatment decision, to give an advance …

treatment. A. An individual, while having capacity, may revoke the designation of an agent either by a signed writing or by personally informing the supervising health care provider. If the individual cannot sign, a written revocation shall be signed for the individual and be wit…

treatment. A. The form provided in Subsection E of this section may be used to create an individual instruction regarding mental health treatment. An individual may complete or modify all or any part of the form. The Mental Health Care Treatment Decisions Act governs the effect o…

A. A guardian shall comply with the protected person's individual instructions made while the protected person had capacity and may not disregard the protected person's preferences contained in an advance directive for mental health treatment unless the appointing court expressly…

A. Before implementing a mental health treatment decision made for a patient, a supervising health care provider shall promptly communicate to the patient the decision made and the identity of the person making the decision. B. A supervising health care provider who knows of the …

Chapter 24, Article 7C NMSA 1978 may be cited as the "End-of-Life Options Act" or the "Elizabeth Whitefield End-of-Life Options Act". History: Laws 2021, ch. 132, § 1; 2023, ch. 133, § 1.

As used in the End-of-Life Options Act: A. "adult" means a resident of the state who is eighteen years of age or older; B. "capacity" means an individual's ability to understand and appreciate health care options available to that individual, including significant benefits and ri…

determination; form. A prescribing health care provider may provide a prescription for medical aid in dying medication to an individual only after the prescribing health care provider has: A. determined that the individual has: (1) capacity; (2) a terminal illness; (3) voluntaril…

If an individual has a recent history of a mental health disorder or an intellectual disability that could cause impaired judgment with regard to end-of-life medical decision making, or if, in the opinion of the prescribing health care provider or consulting health care provider,…

A prescription for medical aid in dying medication shall: A. not be filled until forty-eight hours after the prescription for medical aid in dying medication has been written, unless the qualified individual's prescribing health care provider has medically confirmed that the qual…

A health care provider shall inform a terminally ill patient of all reasonable options related to the patient's care that are legally available to terminally ill patients that meet the medical standards of care for end-of-life care. History: Laws 2021, ch. 132, § 6.

A. A person shall not be subject to criminal liability, licensing sanctions or other professional disciplinary action for: (1) participating in medical aid in dying in good faith compliance with the provisions of the End-of-Life Options Act; (2) being present when a qualified pat…

Nothing in the End-of-Life Options Act shall be construed to authorize a physician or any other person to end an individual's life by lethal injection, mercy killing or euthanasia. Actions taken in accordance with the End-of-Life Options Act shall not be construed, for any purpos…

Sections 9 through 22 [24-7D-1 to 24-7D-14 NMSA 1978] of this act may be cited as the "Supported Decision-Making Act". History: Laws 2025, ch. 84, § 9.

agreement. A person who receives an original or a copy of a supported decision-making agreement shall rely on the agreement, unless the person suspects abuse, neglect or exploitation and makes a report pursuant to Section 21 [24-7D-13 NMSA 1978] of this 2025 act. History: Laws 20…

supporter. A decision or request made or communicated with the assistance of a supporter in conformity with the Supported Decision-Making Act shall be recognized for the purposes of any provision of law as the decision or request of the decision-maker. History: Laws 2025, ch. 84,…

termination or revocation of agreement. A. Except as provided by Subsection B of this section, the supported decision- making agreement extends until terminated by either party or by the terms of the agreement. B. The supported decision-making agreement is terminated as to a part…

If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement has cause to believe that the decision-maker is being abused, neglected or exploited by the supporter, the person shall report the allege…

duties. A. The "supported decision-making program" is created within the office of guardianship in the developmental disabilities council. B. The supported decision-making program may: (1) provide information to adults interested in entering into supported decision-making agreeme…

As used in the Supported Decision-Making Act: A. "adult" means a person who is at least eighteen years of age; B. "decision-maker" means an adult who seeks to enter, or has entered, into a supported decision-making agreement with one or more supporters pursuant to the Supported D…

agreements. A decision-maker may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with one or more supporters under which the decision-maker authorizes the supporter to do any or all of the following: A. provide decision-making su…

A. A supported decision-making agreement shall be in a form promulgated by the supreme court that shall: (1) be in writing; (2) be dated; (3) be signed voluntarily, without coercion or undue influence, by the decision- maker and the supporter; (4) designate a supporter; (5) list …

A. All decision-makers are presumed to have capacity until such time as the decision-maker's primary care practitioner and one other qualified health professional with training and experience in the assessment of functional impairment, or a court, determine that the decision-make…

A. A supporter shall: (1) act in good faith; (2) act with the care, competence and diligence ordinarily exercised by a reasonable person in similar circumstances; (3) act only within the scope of authority granted in the supported decision- making agreement; (4) not engage in sel…

The following persons are disqualified from acting as a supporter: A. an individual who is the subject of a civil or criminal order prohibiting contact with the decision-maker; B. an individual who has been placed on the state's employee abuse registry; C. an individual who has b…

If a supporter assists a decision-maker in accessing, collecting or obtaining personal information, including financial information, protected health information under the federal Health Insurance Portability and Accountability Act of 1996 or educational records under the federal…

The existence of a supported decision-making agreement does not preclude a decision-maker from seeking personal information without the assistance of the supporter. History: Laws 2025, ch. 84, § 17.

This act [24-8-1 to 24-8-8 NMSA 1978] may be cited as the "Family Planning Act". History: 1953 Comp., § 12-30-1, enacted by Laws 1973, ch. 107, § 1.

As used in the Family Planning Act: A. "contraceptive procedures" means any medically accepted procedure to prevent pregnancy; B. "family planning services" includes contraceptive procedures and services (diagnosis, treatment, supplies and follow-up), social services, educational…

A. The legislature finds that: (1) family planning has been recognized as an essential component of standard health care and has been recognized nationally and internationally as a universal human right; (2) continuing population growth causes or aggravates many social, economic …

certain health care professionals. The Family Planning Act does not prohibit or inhibit any person from refusing to provide any family planning service on the grounds that there are valid medical reasons for the refusal and that those reasons are based upon the judgment of a phys…

requirements as prerequisites for receipt of requested family planning services. Neither the state, its local governmental units nor any health facility furnishing family planning services shall subject any person to any standard or requirement as a prerequisite to the receipt of…

compliance required as condition of licensure; prohibition against certain policies of health facilities, state and local governmental units. A. No health facility shall include in its bylaws or other governing policy statement a statement that: (1) interferes with the physician-…

certain services to medically indigent persons free of charge and to other persons at a cost consistent with their ability to pay. To the extent that public funds are available, in any family planning services program operated by the state and its governmental units and in any fa…

Any family planning services program developed or operated by the state or its local governmental units shall be developed and operated in coordination with other public and private family planning services programs existing in the state. History: 1953 Comp., § 12-30-8, enacted b…