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Section 43-2-1 – Repealed.
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 — Laws 1983, ch. 177, § 11, repealed 43-2-1 NMSA 1978, as enacted by Laws 1977, ch. 253, § 50, relating to the definition of “division”, effective June 17, 1983.
Section 43-2-1.1 – Short title.
Chapter 43, Article 2 NMSA 1978 may be cited as the “Detoxification Reform Act”. History: Laws 2005, ch. 198, § 1. ANNOTATIONS Effective dates. — Laws 2005, ch. 198, § 12 made Laws 2005, ch. 198, § 1 effective July 1, 2005.
Section 43-2-2 – Definitions.
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 police officer; C. “consistent with the least drastic means principle” means that the habilitation, […]
Section 43-2-3 – Policy of state regarding substance abuse.
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 treatment in order that they may lead normal lives as productive members of […]
Section 43-2-4 – Adoption and enforcement of laws by a politcal [political] 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 offense giving rise to a criminal or civil penalty or […]
Section 43-2-5 – Duties of the department.
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 department shall promote meetings for the discussion of problems confronting treatment facilities, clinics and […]
Section 43-1B-8 – Disposition.
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 may order the respondent to receive assisted outpatient treatment if […]
Section 43-1B-9 – Expeditious appeal.
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 Compiler’s notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, […]