A. An intervention expressly listed in the "aversive intervention" definition in Section 4 [32A-6A-4 NMSA 1978] of the Children's Mental Health and Developmental Disabilities Act is prohibited.
B. A treatment plan containing an aversive intervention not specifically listed in Section 4 of the Children's Mental Health and Developmental Disabilities Act shall be submitted to the human rights committee of the department of health in advance of a meeting, except in emergency situations. The human rights committee shall review the plan along with the following additional information as available:
(1) baseline or base rate data;
(2) review of the child's current situation and environment;
(3) the child's history, including previous interventions and results;
(4) the possible adverse effects, if any, of the proposed treatment plan;
(5) success and failure criteria for discontinuing the proposed aversive intervention; and
(6) a written evaluation by the clinician proposing the treatment plan or the intervention.
C. The human rights committee of the department of health shall not approve an intervention specifically listed in the definition of "aversive intervention" in Section 4 of the Children's Mental Health and Developmental Disabilities Act.
D. An invitation to participate in the review shall be extended to the child, the child's legal custodian, the clinician and any other mental health or developmental disability professional who has proposed the treatment. A written or oral presentation shall be made to the human rights commission by the mental health or developmental disability professional proposing the treatment.
E. The results of the human rights committee of the department of health review shall be reported to the clinician, the child and the child's legal custodian within three working days.
F. The department shall work in collaboration with the department of health to promulgate rules for implementing a human rights committee pursuant to this section.
History: Laws 2007, ch. 162, § 8.
Effective dates. — Laws 2007, ch. 162, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Structure 2021 New Mexico Statutes
Article 6A - Children's Mental Health and Developmental Disabilities
Section 32A-6A-1 - Short title.
Section 32A-6A-4 - Definitions.
Section 32A-6A-5 - Competence.
Section 32A-6A-6 - Rights related to treatment and habilitation; scope.
Section 32A-6A-7 - Right to individualized treatment or habilitation services and plan.
Section 32A-6A-8 - Special rules applicable to aversive intervention.
Section 32A-6A-9 - Restraint, generally.
Section 32A-6A-10 - Physical restraint and seclusion.
Section 32A-6A-11 - Training required for a professional who uses restraint or seclusion.
Section 32A-6A-13 - Legal representation of children.
Section 32A-6A-14 - Consent for services; children under fourteen years of age.
Section 32A-6A-15 - Consent for services; children fourteen years of age or older.
Section 32A-6A-17 - Treatment guardianship proceedings.
Section 32A-6A-18 - Individual instructions.
Section 32A-6A-19 - Emergency mental health evaluation and care.
Section 32A-6A-22 - Involuntary residential treatment.
Section 32A-6A-23 - Liability of persons providing treatment or habilitation services.
Section 32A-6A-24 - Disclosure of information.
Section 32A-6A-25 - Special commissioner.
Section 32A-6A-26 - Transportation.
Section 32A-6A-27 - Violation of a child's rights.
Section 32A-6A-28 - Cost of care.
Section 32A-6A-29 - Recognition of tribal court involuntary placement orders.