A. A health care provider or mental health treatment facility acting reasonably and on reasonable grounds and in accordance with generally accepted health care standards applicable to the health care provider or mental health treatment facility is not subject to civil or criminal liability or to discipline for unprofessional conduct for:
(1) complying or attempting to comply with a mental health treatment decision of a person apparently having authority to make a mental health treatment decision for a patient;
(2) declining to comply with a mental health treatment decision of a person based on a belief that the person then lacked authority;
(3) complying or attempting to comply with an advance directive for mental health treatment and assuming that the directive was valid when made and has not been revoked or terminated;
(4) declining to comply with a mental health treatment directive as permitted; or
(5) complying or attempting to comply with any other provision of the Mental Health Care Treatment Decisions Act.
B. An individual acting as agent or guardian under the Mental Health Care Treatment Decisions Act is not subject to civil or criminal liability or to discipline for unprofessional conduct for mental health treatment decisions made in good faith.
History: Laws 2006, ch. 7, § 11.
Effective dates. — Laws 2006, ch. 7 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
Structure New Mexico Statutes
Chapter 24 - Health and Safety
Article 7B - Mental Health Care Treatment Decisions
Section 24-7B-1 - Short title.
Section 24-7B-3 - Definitions.
Section 24-7B-4 - Advance directive for mental health treatment.
Section 24-7B-6 - Revocation of advance directive for mental health treatment.
Section 24-7B-7 - Optional form for advance directive for mental health treatment.
Section 24-7B-8 - Decisions by guardian.
Section 24-7B-9 - Obligations of mental health treatment provider.
Section 24-7B-10 - Health care information.
Section 24-7B-11 - Immunities.
Section 24-7B-12 - Prohibited practice.
Section 24-7B-13 - Statutory damages.
Section 24-7B-14 - Effect of copy.
Section 24-7B-15 - Effect of the Mental Health Care Treatment Decisions Act.