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 accordance with the Uniform Health-Care Decisions Act.
B. To establish an affirmative defense under Subsection A of this section, the person shall show substantial compliance with the provisions of the Uniform Health-Care Decisions Act.
History: Laws 1990, ch. 55, § 8; 1997, ch. 168, § 11.
The 1997 amendment, effective July 1, 1997, substituted "Uniform Health-Care Decisions Act" for "Right to Die Act" in the section heading and throughout the section and substituted "health care" for "withholding or withdrawing treatment" in Subsection A.
Structure 2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 47 - Resident Abuse and Neglect
Section 30-47-1 - Short title.
Section 30-47-3 - Definitions.
Section 30-47-4 - Abuse of a resident; criminal penalties.
Section 30-47-5 - Neglect of a resident; criminal penalties.
Section 30-47-6 - Exploitation; criminal penalties.
Section 30-47-7 - Religious practitioners; exception.
Section 30-47-8 - Treatment in compliance with the Uniform Health-Care Decisions Act.