A. Nothing in this section shall be interpreted to diminish the rights and protections accorded to children in hospitals or psychiatric residential treatment or habilitation facilities as provided by federal law and regulation.
B. Restraint and seclusion as provided for in this section is not considered treatment. It is an emergency intervention to be used only until the emergency ceases.
C. Nothing in this section shall prohibit the use of:
(1) mechanical supports or protective devices;
(2) a medical restraint prescribed by a physician or dentist as a health-related protective measure during the conduct of a specific medical, surgical or dental procedure; and
(3) holding a child for a very short period of time without undue force to calm or comfort the child or holding a child's hand to escort the child safely from one area to another.
History: Laws 2007, ch. 162, § 9; 2008, ch. 75, § 2.
The 2008 amendment, effective May 14, 2008, added Subsections A and B and Paragraphs (1) and (3) of Subsection C.
Structure 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.