2021 New Mexico Statutes
Article 1B - Assisted Outpatient Treatment
Section 43-1B-2 - Definitions.

As used in the Assisted Outpatient Treatment Act:
A. "advance directive for mental health treatment" means an individual instruction or power of attorney for mental health treatment made pursuant to the Mental Health Care Treatment Decisions Act [Chapter 24, Article 7B NMSA 1978];
B. "agent" means an individual designated in a power of attorney for health care to make a mental health care decision for the individual granting the power;
C. "assertive community treatment" means a team treatment approach designed to provide comprehensive community-based psychiatric treatment, rehabilitation and support to persons with serious and persistent mental disorders;
D. "assisted outpatient treatment" means categories of outpatient services ordered by a district court, including case management services, comprehensive community support services, intensive outpatient services, care coordination or assertive community treatment team services, prescribed to treat a patient's mental disorder and to assist a patient in living and functioning in the community or to attempt to prevent a relapse or deterioration that may reasonably be predicted to result in harm to the patient or another or the need for hospitalization. Assisted outpatient treatment may include:
(1) medication;
(2) periodic blood tests or urinalysis to determine compliance with prescribed medications;
(3) individual or group therapy;
(4) day or partial-day programming activities;
(5) educational and vocational training or activities;
(6) alcohol and substance abuse treatment and counseling;
(7) periodic blood tests or urinalysis for the presence of alcohol or illegal drugs for a patient with a history of alcohol or substance abuse;
(8) supervision of living arrangements; and
(9) any other services prescribed to treat the patient's mental disorder and to assist the patient in living and functioning in the community, or to attempt to prevent a deterioration of the patient's mental or physical condition;
E. "covered entity" means a health plan, a health care clearinghouse or a health care provider that transmits any health information in electronic form;
F. "guardian" means a judicially appointed guardian having authority to make mental health care decisions for an individual;
G. "least restrictive appropriate alternative" means treatment and conditions that:
(1) are no more harsh, hazardous or intrusive than necessary to achieve acceptable treatment objectives; and
(2) do not restrict physical movement or require residential care, except as reasonably necessary for the administration of treatment or the protection of the patient;
H. "likely to result in serious harm to others" means that it is more likely than not that in the near future a person will inflict serious, unjustified bodily harm on another person or commit a criminal sexual offense, as evidenced by behavior causing, attempting or threatening such harm, which behavior gives rise to a reasonable fear of such harm from the person;
I. "likely to result in serious harm to self" means that it is more likely than not that in the near future the person will attempt to commit suicide or will cause serious bodily harm to the person's self by violent or other self-destructive means, including grave passive neglect;
J. "mandated service" means a service specified in a court order requiring assisted outpatient treatment;
K. "participating municipality or county" means a municipality or county that has entered into a memorandum of understanding with its respective district court with respect to the funding of such district court's administrative expenses, including legal fees, for proceedings pursuant to the Assisted Outpatient Treatment Act;
L. "patient" means a person receiving assisted outpatient treatment pursuant to a court order;
M. "power of attorney for health care" means the designation of an agent to make health care decisions for the individual granting the power, made while the individual has capacity;
N. "provider" means an individual or organization licensed, certified or otherwise authorized or permitted by law to provide mental or physical health diagnosis or treatment in the ordinary course of business or practice of a profession;
O. "qualified professional" means a physician, licensed psychologist, prescribing psychologist, certified nurse practitioner or clinical nurse specialist with a specialty in mental health, or a physician assistant with a specialty in mental health;
P. "qualified protective order" means, with respect to protected health information, an order of a district court or stipulation of parties to a proceeding under the Assisted Outpatient Treatment Act;
Q. "respondent" means a person who is the subject of a petition or order for assisted outpatient treatment;
R. "surrogate decision-maker" means:
(1) an agent designated by the respondent;
(2) a guardian; or
(3) a treatment guardian; and
S. "treatment guardian" means a person appointed pursuant to Section 43-1-15 NMSA 1978 to make mental health treatment decisions for a person who has been found by clear and convincing evidence to be incapable of making the person's own mental health treatment decisions.
History: Laws 2016, ch. 84, § 2; 2020, ch. 44, § 1.
Compiler's notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, but were renumbered by the compiler.
Repeals. — Laws 2020, ch. 44, § 3, effective May 20, 2020, repealed Laws 2016, ch. 84, § 17, which would have repealed §§ 43-1B-1 to 43-1B-14 NMSA 1978, effective July 1, 2021.
The 2020 amendment, effective May 20, 2020, added additional categories of outpatient services in the definition of "assisted outpatient treatment" as used in the Assisted Outpatient Treatment Act; and in Subsection D, in the introductory paragraph, after "case management services", added "comprehensive community support services, intensive outpatient services".