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 […]
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, […]
Section 43-1B-10 – Effect of determination that respondent is in need of 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. 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, but were renumbered by the […]
Section 43-1-25 – Cost of care.
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. History: 1953 Comp., § 34-2A-24, enacted by Laws 1978, ch. 161, § […]
Section 43-1A-1 to 43-1A-12 – Recompiled.
ANNOTATIONS Recompilations. — Sections 43-1A-1 to 43-1A-12 NMSA 1978, as enacted by Laws 1984, Chapter 100, have been recompiled as 28-16-1 to 28-16-12 NMSA 1978. Sections 28-16-1 to 28-16-12 NMSA 1978 were repealed by Laws 1993, ch. 50, § 19. For present comparable provisions, see 28-16A-1 to 28-16A-18 NMSA 1978.