Section 43-1B-11 – Applications for continued periods of treatment.
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 shall be served upon those persons required to be served with notice […]
Section 43-1B-12 – Application to stay, vacate, modify or enforce an order.
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 served upon those persons required to be served with […]
Section 43-1B-13 – Failure to comply with assisted outpatient treatment.
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 likely to result in serious harm to others and that immediate […]
Section 43-1B-14 – Sequestration and confidentiality of records.
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 recordings of interviews and examinations, recorded testimony and the assisted outpatient treatment plan that was produced or obtained as part […]
Section 43-1B-2 – Definitions.
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]; B. “agent” means an individual designated in a power of attorney for […]
Section 43-1B-3 – Assisted outpatient treatment; criteria.
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 disorder; C. has demonstrated a history […]
Section 43-1B-4 – Petition to the court.
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 participating municipality or county. B. A petition for […]
Section 43-1B-5 – Qualified protective order.
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 and transmit protected health information pertaining to the respondent for purposes of the proceeding. […]
Section 43-1B-6 – Hearing; examination by a qualified professional.
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 by the parties or, […]
Section 43-1B-7 – Written proposed treatment plan.
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 provide the service. B. In developing a written proposed […]