Chapter 43 — Chapter 43

treatment. A. Whenever a district court finds it necessary to obtain an evaluation of the mental condition of a defendant in a criminal case, the court shall order an evaluation from a qualified professional available to the local facilities of the court or from a qualified profe…

A. A peace officer may detain and transport a person for emergency mental health evaluation and care in the absence of a legally valid order from the court only if: (1) the person is otherwise subject to lawful arrest; (2) the peace officer has reasonable grounds to believe the p…

A. Every adult client involuntarily admitted to an evaluation facility pursuant to Section 43-1-10 NMSA 1978 has the right to a hearing within seven days of admission unless waived after consultation with counsel. If a physician or evaluation facility decides to seek commitment o…

A. A physician or evaluation facility may file a petition for extended commitment within twenty-one days after the beginning of the thirty-day commitment. The petition shall explain the necessity for extended commitment, specify the treatment that has been provided during the eva…

adults to residential care. A. A guardian appointed pursuant to the Uniform Probate Code [Chapter 45 NMSA 1978] may file an application with an evaluation facility seeking residential habilitation services for the protected person. The application shall set forth the basis for th…

habilitation. A. A person may voluntarily seek admission to residential treatment or habilitation. B. A guardian appointed under the Uniform Probate Code [Chapter 45 NMSA 1978], an agent or surrogate under the Uniform Health-Care Decisions Act [Chapter 24, Article 7A NMSA 1978] o…

A. No psychotropic medication, psychosurgery, convulsive therapy, experimental treatment or behavior modification program involving aversive stimuli or substantial deprivations shall be administered to a client without proper consent. If the client is capable of understanding the…

A crisis triage center may accept: A. voluntary admissions; B. individuals who are voluntarily seeking treatment; C. involuntary admissions; and D. individuals who are not voluntarily seeking treatment. History: Laws 2023, ch. 117, § 1.

A. Except as otherwise provided in the code, no person shall, without the authorization of the client, disclose or transmit any confidential information from which a person well acquainted with the client might recognize the client as the described person, or any code, number or …

Chapter 43, Article 1 NMSA 1978 may be cited as the "Mental Health and Developmental Disabilities Code". History: 1953 Comp., § 34-2A-1, enacted by Laws 1977, ch. 279, § 1; 1989, ch. 128, § 2.

The court may conduct the proceedings required by this code, or may, by general or special order, appoint a special commissioner to do so. The special commissioner must be a licensed attorney. Upon conclusion of the hearing the special commissioner shall file his findings and rec…

A. The head of a residential facility may release an improved involuntary client on convalescent status when he believes that such release is in the best interests of the client. Release on convalescent status shall include provisions for continuing responsibility to and of the h…

Whenever a proposed patient is to be committed to a residential mental health or developmental disability facility, or to be returned to such a facility during commitment, the court ordering the commitment or authorizing the return of the patient may direct the sheriff, the state…

Any client who believes that his rights, as established by this code or by the constitution of the United States or of New Mexico, have been violated shall have a right to petition the court for redress. The client shall be represented by counsel. The court shall grant relief as …

Appeals taken pursuant to this code shall be taken to the court of appeals according to the rules of appellate procedure of the supreme court. History: 1953 Comp., § 34-2A-23, enacted by Laws 1978, ch. 161, § 14.

Clients who are indigent may receive care and treatment at state-operated facilities without charge. The governing authorities of such facilities may require payment for the cost of care and treatment from all others pursuant to established fee schedules based on ability to pay. …

As used in the Mental Health and Developmental Disabilities Code: A. "aversive stimuli" means anything that, because it is believed to be unreasonably unpleasant, uncomfortable or distasteful to the client, is administered or done to the client for the purpose of reducing the fre…

A. Clients shall be represented by counsel at all proceedings under the code and shall be entitled to obtain advice of counsel at any time regarding their status under the code. B. The court shall appoint counsel to represent a client who has not retained counsel and is unable to…

Neither the fact that a person has been accepted at or admitted to a hospital or institutional facility, nor the receiving of mental health or developmental disability treatment services, shall constitute a sufficient basis for a finding of incompetence or the denial of any right…

All clients who receive residential treatment or habilitation services shall have the rights provided in this section. A. Subject to restrictions by a physician for good cause, each resident client has the right to receive visitors of his own choosing daily. Hours during which vi…

Each resident client receiving mental health services shall have the right to prompt treatment pursuant to an individualized treatment plan and consistent with the least drastic means principle. History: 1953 Comp., § 34-2A-6, enacted by Laws 1977, ch. 279, § 6.

Each resident client receiving developmental disabilities services shall have the right to prompt habilitation services pursuant to an individualized habilitation plan and consistent with the least drastic means principle. History: 1953 Comp., § 34-2A-7, enacted by Laws 1977, ch.…

A. An individualized treatment or habilitation plan shall be prepared within fourteen days of a client's admission to residential treatment or services. B. Each client shall, to the maximum extent possible, be involved in the preparation of his own individualized treatment or hab…

Sections 1 through 14 [43-1B-1 to 43-1B-14 NMSA 1978] of this act may be cited as the "Assisted Outpatient Treatment Act". History: Laws 2016, ch. 84, § 1.

assisted outpatient treatment. An assisted outpatient treatment order shall not be construed as a determination that the respondent is incompetent. History: Laws 2016, ch. 84, § 10.

A. Prior to the expiration of the period of assisted outpatient treatment, a party or the respondent's surrogate decision-maker may apply to the court for a subsequent order authorizing continued assisted outpatient treatment for a period not to exceed one year. The application s…

A. In addition to any other right or remedy available by law with respect to the court order for assisted outpatient treatment, a party or the respondent's surrogate decision- maker may apply to the court to stay, vacate, modify or enforce the order. The application shall be serv…

A. If a qualified professional determines that a respondent has materially failed to comply with the assisted outpatient treatment as ordered by the court, such that the qualified professional believes that the respondent's condition is likely to result in serious harm to self or…

A. All records or information containing protected health information relating to the respondent, including all pleadings and other documents filed in the matter, social records, diagnostic evaluations, psychiatric or psychologic reports, videotapes, transcripts and audio recordi…

As used in the Assisted Outpatient Treatment 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 [Chapter 24, Article 7B NMSA 1978]…

A person may be ordered to participate in assisted outpatient treatment if the court finds by clear and convincing evidence that the person: A. is eighteen years of age or older and is a resident of a participating municipality or county; B. has a primary diagnosis of a mental di…

A. A petition for an order authorizing assisted outpatient treatment may be filed in the district court for the county in which the respondent is present or reasonably believed to be present; provided that such district court is a party to a memorandum of understanding with a par…

A. A motion seeking a qualified protective order shall accompany each petition for an order authorizing assisted outpatient treatment. B. In considering the motion, the court shall determine which parties to the proceeding and their attorneys are authorized to receive, subpoena a…

A. Upon receipt of a petition meeting all requirements of Sections 4 and 5 [43-1B-4, 43-1B-5 NMSA 1978] of the Assisted Outpatient Treatment Act, the court shall fix a date for a hearing: (1) no sooner than three or later than seven days after the date of service or as stipulated…

A. No later than the date of the hearing, a qualified professional shall provide a written proposed treatment plan to the court. The plan shall state all treatment services recommended for the respondent and, for each such service, shall specify a provider that has agreed to prov…

A. After a hearing meeting all requirements of Section 6 [43-1B-6 NMSA 1978] of the Assisted Outpatient Treatment Act, receipt of a proposed treatment plan meeting all requirements of Section 7 [43-1B-7 NMSA 1978] of that act and consideration of all relevant evidence, the court …

There shall be a right to an expeditious appeal from a final order in a proceeding under the Assisted Outpatient Treatment Act. History: Laws 2016, ch. 84, § 9.

ANNOTATIONS Repeals. — Laws 1983, ch. 177, § 11, repealed 43-2-1 NMSA 1978, as enacted by Laws 1977, ch. 253, § 50, relating to the definition of "division", effective June 17, 1983.

Chapter 43, Article 2 NMSA 1978 may be cited as the "Detoxification Reform Act". History: Laws 2005, ch. 198, § 1.

History: 1941 Comp., § 61-1208, enacted by Laws 1949, ch. 114, § 8; 1953 Comp., § 46-12-8; Laws 1976 (S.S.), ch. 9, § 7; 1977, ch. 253, § 53; 1983, ch. 177, § 6; 1989, ch. 47, § 6; repealed by Laws 2005, ch. 198, § 11.

A. The administration of a treatment facility may receive any intoxicated person, alcohol-impaired person or drug-impaired person who applies to be received as a client into the facility. If the voluntary client is: (1) intoxicated, the client shall be discharged pursuant to Subs…

The substance abuse bureau of the division shall accept for examination, diagnosis, guidance or treatment at any facility or clinic under its control any person who requests such assistance under regulations as may be prescribed by the division. History: 1941 Comp., § 61-1210, en…

ANNOTATIONS Repeals. — Laws 1989, ch. 47, § 10 repealed 43-2-13 NMSA 1978, as enacted by Laws 1949, ch. 114, § 11, relating to commitment proceedings for ill persons in custody of division, effective June 16, 1989.

The provisions of law with respect to the costs of commitment and the costs of support, including methods of determination of the persons liable for the costs, and all provisions of law enabling the state to secure reimbursement for any such items of cost, applicable to the commi…

On or before December 1 in each year, the division shall render a report to the governor and the state legislature of its activities, including recommendations for improvements therein, by legislation or otherwise. History: 1941 Comp., § 61-1213, enacted by Laws 1949, ch. 114, § …

History: 1953 Comp., § 46-14-1, enacted by Laws 1973, ch. 331, § 1; repealed Laws 2005, ch. 198, § 11.

History: 1953 Comp., § 46-14-2, enacted by Laws 1973, ch. 331, § 2; 1977, ch. 374, § 8; repealed Laws 2005, ch. 198, § 11.

History: 1953 Comp., § 46-14-3, enacted by Laws 1973, ch. 331, § 3; repealed Laws 2005, ch. 198, § 15.

A. A peace officer or public service officer may, if the officer reasonably believes it necessary for the officer's own safety, make a protective search of an intoxicated person before transporting the person to a residence, treatment facility or detention center. B. A peace offi…

As used in the Detoxification Reform Act: A. "alcohol-impaired person" means a person who uses alcoholic beverages to the extent that the person's health and well-being are substantially impaired or endangered; B. "authorized person" means a physician, public service officer or p…