Section 30-47-8 – Treatment in compliance with the Uniform Health-Care Decisions Act.
A. Nothing in the Resident Abuse and Neglect Act shall be construed to preclude health care in accordance with the Uniform Health-Care Decisions Act [Chapter 24, Article 7A NMSA 1978], and it shall be an affirmative defense to any charge brought under the Resident Abuse and Neglect Act that the acts complained of were in […]
Section 30-47-9 – Reporting requirements; failure to report; crime created; criminal penalty; discrimination or retaliation for filing a report prohibited.
A. Any person paid in whole or part for providing to a resident any treatment, care, good, service or medication who has reasonable cause to believe that the resident has been abused, neglected or exploited shall report the abuse, neglect or exploitation in accordance with the provisions of Section 27-7-30 NMSA 1978. B. Any person […]
Section 30-47-10 – Regulatory authority.
The department shall issue rules and regulations as necessary to implement the reporting provisions of the Resident Abuse and Neglect Act. History: Laws 1990, ch. 55, § 10. ANNOTATIONS Severability. — Laws 1990, ch. 55, § 11 provides for the severability of the Resident Abuse and Neglect Act if any part or application thereof is […]
Section 30-47-1 – Short title.
This act [30-47-1 to 30-47-10 NMSA 1978] may be cited as the “Resident Abuse and Neglect Act”. History: Laws 1990, ch. 55, § 1. ANNOTATIONS Constitutional. — The Residents Abuse and Neglect Act is not unconstitutionally vague. State v. Greenwood, 2012-NMCA-017, 271 P.3d 753, cert. denied, 2012-NMCERT-001.
Section 30-47-2 – Purpose.
The purpose of the Resident Abuse and Neglect Act is to provide meaningful deterrents and remedies for the abuse, neglect or exploitation of care facility residents and to provide an effective system for reporting instances of abuse, neglect or exploitation. History: Laws 1990, ch. 55, § 2. ANNOTATIONS Application of the act. — The Residents […]
Section 30-47-3 – Definitions.
As used in the Resident Abuse and Neglect Act: A. “abuse” means any act or failure to act performed intentionally, knowingly or recklessly that causes or is likely to cause harm to a resident, including: (1) physical contact that harms or is likely to harm a resident of a care facility; (2) inappropriate use of […]
Section 30-47-4 – Abuse of a resident; criminal penalties.
A. Whoever commits abuse of a care facility resident that results in no harm to the resident is guilty of a petty misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Subsection B of Section 31-19-1 NMSA 1978. B. Whoever commits abuse of a resident that results in physical harm or great […]
Section 30-47-5 – Neglect of a resident; criminal penalties.
A. Whoever commits neglect of a resident that results in no harm to the resident is guilty of a petty misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Subsection B of Section 31-19-1 NMSA 1978. B. Whoever commits neglect of a resident that results in physical harm or great psychological harm […]
Section 30-47-6 – Exploitation; criminal penalties.
A. Exploitation of a resident’s property consists of the act or process, performed intentionally, knowingly or recklessly, of using a resident’s property for another person’s profit, advantage or benefit without legal entitlement to do so. B. Whoever commits exploitation of a resident’s property when the value of the property exploited is two hundred fifty dollars […]
Section 30-47-7 – Religious practitioners; exception.
No resident who is being treated by a duly accredited religious practitioner shall be considered for that reason alone, abused or neglected. History: Laws 1990, ch. 55, § 7.