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.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]
