A. An advance directive for mental health treatment is valid for purposes of the Mental Health Care Treatment Decisions Act if it complies with the provisions of that act, regardless of when or where executed or communicated.
B. The Mental Health Care Treatment Decisions Act does not impair a guardianship, living will, durable power of attorney, right-to-die statement or declaration or other advance directive for health care decisions that is in effect before July 1, 2006.
C. Any mental health treatment or psychiatric advance directive, durable power of attorney for health care decisions, living will, right-to-die statement or declaration or similar document that is executed in another state or jurisdiction in compliance with the laws of that state or jurisdiction shall be deemed valid and enforceable in this state to the same extent as if it were properly made in this state.
History: Laws 2006, ch. 7, § 16.
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.