Mental Health and Developmental Disabilities Code
New Mexico · Commitment Procedures · §§ 43-1-1 to 43-1-9 · 24 sections
Overview
The act governs the state's system of care for people with mental illness and developmental disabilities, covering both voluntary and involuntary admission to treatment and the provision of treatment, habilitation, and residential services in state-operated, private, and contracted facilities. It defines the class of providers authorized to evaluate and treat recipients — psychiatrists, physicians, clinical psychologists, advanced practice psychiatric nurses, physician assistants, clinical professional counselors, and qualified examiners — and assigns administrative responsibility to the state human services agency and to facility directors. It also sets protections for recipients of services, including standards on abuse and neglect, the use of psychotropic medication, the role of guardians and substitute decision makers, and the procedures for discharge from treatment or custody.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 11 court decisions.
Most-cited authority: 761 P.2d 768 - People v. Stevens
Sections covered
- § 43-1-1 NMSA 1978Mental condition of criminal defendants; evaluation; treatment
- § 43-1-10 NMSA 1978Emergency mental health evaluation and care1 cite
- § 43-1-11 NMSA 1978Commitment of adults for thirty-day period2 cites
- § 43-1-12 NMSA 1978Extended commitment of adults1 cite
- § 43-1-13 NMSA 1978Involuntary commitment of developmentally disabled adults to residential care2 cites
- § 43-1-14 NMSA 1978Voluntary admission to residential treatment or habilitation
- § 43-1-15 NMSA 1978Consent to treatment; adult clients
- § 43-1-15.1 NMSA 1978Crisis triage centers; admission or treatment
- § 43-1-16 NMSA 197843-1-16 to 43-1-18. Repealed
- § 43-1-19 NMSA 1978Disclosure of information1 cite
- § 43-1-2 NMSA 1978Short title
- § 43-1-20 NMSA 1978Special commissioner
- § 43-1-21 NMSA 1978Convalescent status; rehospitalization
- § 43-1-22 NMSA 1978Transportation
- § 43-1-23 NMSA 1978Violation of clients' rights
- § 43-1-24 NMSA 1978Appeals; court of appeals
- § 43-1-25 NMSA 1978Cost of care
- § 43-1-3 NMSA 1978Definitions2 cites
- § 43-1-4 NMSA 1978Legal representation of clients
- § 43-1-5 NMSA 1978Competence
- § 43-1-6 NMSA 1978Personal rights of residential clients
- § 43-1-7 NMSA 1978Right to treatment1 cite
- § 43-1-8 NMSA 1978Right to habilitation
- § 43-1-9 NMSA 1978Individualized treatment or habilitation plans1 cite
Enacted in other states
All New Mexico named statutes →
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