Section 43-1-20 – Special commissioner.
The court may conduct the proceedings required by this code, or may, by general or special order, appoint a special commissioner to do so. The special commissioner must be a licensed attorney. Upon conclusion of the hearing the special commissioner shall file his findings and recommendations with the court promptly. History: 1953 Comp., § 34-2A-19, […]
Section 43-1-21 – Convalescent status; rehospitalization.
A. The head of a residential facility may release an improved involuntary client on convalescent status when he believes that such release is in the best interests of the client. Release on convalescent status shall include provisions for continuing responsibility to and of the hospital. Prior to the expiration of the client’s commitment period, the […]
Section 43-1-22 – Transportation.
Whenever a proposed patient is to be committed to a residential mental health or developmental disability facility, or to be returned to such a facility during commitment, the court ordering the commitment or authorizing the return of the patient may direct the sheriff, the state police or other appropriate persons to furnish suitable transportation in […]
Section 43-1-23 – Violation of clients’ rights.
Any client who believes that his rights, as established by this code or by the constitution of the United States or of New Mexico, have been violated shall have a right to petition the court for redress. The client shall be represented by counsel. The court shall grant relief as is appropriate, subject to the […]
Section 43-1-24 – Appeals; court of appeals.
Appeals taken pursuant to this code shall be taken to the court of appeals according to the rules of appellate procedure of the supreme court. History: 1953 Comp., § 34-2A-23, enacted by Laws 1978, ch. 161, § 14. ANNOTATIONS Compiler’s notes. — For the meaning of “this code”, see 43-1-3C and 43-1-2 NMSA 1978. Law […]
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.
Section 43-1-15 – Consent to treatment; adult clients.
A. No psychotropic medication, psychosurgery, convulsive therapy, experimental treatment or behavior modification program involving aversive stimuli or substantial deprivations shall be administered to a client without proper consent. If the client is capable of understanding the proposed nature of treatment and its consequences and is capable of informed consent, the client’s consent shall be obtained […]
Section 43-1-5 – Competence.
Neither the fact that a person has been accepted at or admitted to a hospital or institutional facility, nor the receiving of mental health or developmental disability treatment services, shall constitute a sufficient basis for a finding of incompetence or the denial of any right or benefit of whatever nature which he would have otherwise. […]
Section 43-1-6 – Personal rights of residential clients.
All clients who receive residential treatment or habilitation services shall have the rights provided in this section. A. Subject to restrictions by a physician for good cause, each resident client has the right to receive visitors of his own choosing daily. Hours during which visitors may be received shall be limited only in the interest […]