Chapter 43 — Chapter 43

Whenever an intoxicated person is committed to protective custody, the administration in charge of the treatment facility shall provide the person an opportunity to contact a member of the intoxicated person's family as soon as practicable. History: 1953 Comp., § 46-14-5, enacted…

Any intoxicated person having transportation, shelter or treatment furnished to the person as an intoxicated person under the Detoxification Reform Act shall be liable to the furnishing city, county or treatment facility for its reasonable costs in providing that transportation, …

History: 1953 Comp., § 46-14-7, enacted by Laws 1973, ch. 331, § 7; 1977, ch. 319, § 1; 1977, ch. 374, § 9; 1983, ch. 119, § 1; 1993, ch. 66, § 3; repealed Laws 2005, ch. 198, § 16.

Physicians and treatment facilities and their officers, directors and employees shall not be liable to any person held on account of reasonable measures taken under the authority of the Detoxification Reform Act, absent proof of negligence or intentional misconduct. History: Laws…

It is the policy of this state that intoxicated and incapacitated persons may not be subjected to criminal prosecution, but rather should be afforded protection. It is further the policy of this state that alcohol-impaired persons and drug-impaired persons should be afforded trea…

subdivision. A. No county, municipality or other political subdivision may adopt or enforce a local law, ordinance, resolution or rule having the force of law that includes drinking, being a common drunkard or being found in an intoxicated condition as one of the elements of the …

A. The department shall study the problem of alcoholism and drug abuse, including methods and facilities available for the care, custody, detention, treatment, employment and rehabilitation of persons addicted to the intemperate use of spirituous or intoxicating liquors or drugs.…

The bureau may accept or refuse on behalf of and in the name of the state any gift of any valuable thing, however the gift be created, for any purpose connected with the work of the bureau. Any such property so given shall be received and held by the state treasurer, but the divi…

ANNOTATIONS Repeals. — Laws 1978, ch. 154, § 1, repealed 46-12-6, 1953 Comp. (43-2-7 NMSA 1978), relating to the chief of the division.

A. An intoxicated or incapacitated person may be committed to a treatment facility at the request of an authorized person for protective custody, if the authorized person has probable cause to believe that the person to be committed: (1) is disorderly in a public place; (2) is un…

ANNOTATIONS Repeals. — Laws 1989, ch. 378, § 6 repealed 43-2-8.1 NMSA 1978, as enacted by Laws 1989, ch. 378, § 3, relating to penalty for chronic intoxicated condition, effective July 1, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.

History: 1953 Comp., § 46-12-7, enacted by Laws 1977, ch. 374, § 6; 1979, ch. 264, § 3; 1983, ch. 177, § 5; 1989, ch. 47, § 5; repealed by Laws 2005, ch. 198, § 11.

As used in Chapter 43, Article 3 NMSA 1978: A. "board" means the board of county commissioners of a county; B. "department" means the human services department [health care authority department]; C. "DWI program" means a community program specifically designed to provide treatmen…

A. The department shall adopt rules to provide for: (1) minimum standards of service for DWI programs that contract for funds pursuant to the department's behavioral health services rules; provided that rules adopted pursuant to this section shall, before adoption, have been pres…

ANNOTATIONS Repeals. — Laws 1999, ch. 270, § 10 repealed 43-3-12 NMSA 1978, as enacted by Laws 1985, ch. 185, § 5, relating to alcohol abuse treatment, effective July 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable prov…

A. The department shall develop and update annually prior to August 30 a statewide substance abuse services plan that documents the extent of New Mexico's substance abuse problem. The plan shall describe the effectiveness of existing services and shall document needs based on a s…

A. A board may create a county DWI planning council and appoint the members for terms set by the board. The members of the planning council shall be selected to represent a broad spectrum of interests and may include county officials, DWI program and service providers, law enforc…

A. With the advice of the planning council, the board or its designee shall prepare a county DWI plan. Upon approval of the DWI plan by the board and the planning council, the board shall submit the DWI plan to the department for approval and integration into the statewide alcoho…

ANNOTATIONS Repeals. — Laws 1993, ch. 65, § 23, repealed 43-3-7 NMSA 1978, as enacted by Laws 1981, ch. 39, § 126, relating to the community alcoholism treatment and detoxification fund, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSour…