reglab/housing_qa huggingface dataset:
NM Stat § 24-7A-17 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7A - Uniform Health-Care Decisions|Section 24-7A-17 - Short title.

Chapter 24, Article 7A NMSA 1978 may be cited as the "Uniform Health-Care Decisions Act". History: Laws 1995, ch. 182, § 17; 2009, ch. 159, § 3; 2009, ch. 220, § 1. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, changed the reference of the act to the chapter and article of NMSA 1978. Laws 2009, ch. 159, § 3 and Laws 2009, ch. 220, § 1 enacted identical amendments to this section. The section was set out as amended by Laws 2009, ch. 220, § 1. See 12-1-8 NMSA 1978.
NM Stat § 24-7A-18 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7A - Uniform Health-Care Decisions|Section 24-7A-18 - Severability.

If any provision of the Uniform Health-Care Decisions Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act which can be given effect without the invalid provision or application, and to this end the provisions of that act are severable. History: Laws 1995, ch. 182, § 18.
NM Stat § 24-7B-1 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7B - Mental Health Care Treatment Decisions|Section 24-7B-1 - Short title.

Chapter 24, Article 7B NMSA 1978 may be cited as the "Mental Health Care Treatment Decisions Act". History: Laws 2006, ch. 7, § 1; 2009, ch. 159, § 4. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, changed the reference to the act to the chapter and article of NMSA 1978. Assisted outpatient treatment ordinance preempted by state law. — The Mental Health and Developmental Disabilities Code, Chapter 43, Article 1 NMSA 1978, and the Mental Health Care Treatment Decisions Act, Chapter 24, Article 7B NMSA 1978, create a comprehensive scheme governing the treatment of individuals with mental illness, with or without the consent of those individuals, which together preempt home-rule municipalities from enacting a separate ordinance regulating individuals with mental illness. Protection & Advocacy Sys. v. City of Albuquerque, 2008-NMCA-149, 145 N.M. 156, 195 P.3d 1, cert. denied, 2008-NMCERT-009, 145 N.M. 257, 196 P.3d 488.
NM Stat § 24-7B-2 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7B - Mental Health Care Treatment Decisions|Section 24-7B-2 - Purpose.

The purpose of the Mental Health Care Treatment Decisions Act is to ensure appropriate care and treatment of persons with behavioral health needs in the community. History: Laws 2006, ch. 7, § 2. ANNOTATIONSEffective 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.
NM Stat § 24-7B-6 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7B - Mental Health Care Treatment Decisions|Section 24-7B-6 - Revocation of advance directive for mental health treatment.

A. An individual, while having capacity, may revoke the designation of an agent either by a signed writing or by personally informing the supervising health care provider. If the individual cannot sign, a written revocation shall be signed for the individual and be witnessed by two witnesses pursuant to Subsections I and J of Section 4 [24-7B-4 NMSA 1978] of the Mental Health Care Treatment Decisions Act, each of whom has signed at the direction of the individual and in the presence of the individual and each other. B. An individual, while having capacity, may revoke all or part of an advance directive for mental health treatment, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke. C. A mental health treatment provider, agent or guardian who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising health care provider and to any mental health treatment facility at which the patient is receiving care. D. The filing of a petition for or a decree of annulment, divorce, dissolution of marriage or legal separation revokes a previous designation of a spouse as agent, unless otherwise specified in the decree or in a power of attorney for mental health treatment. A designation revoked solely by this subsection is revived by the individual's remarriage to the former spouse, by a nullification of the divorce, annulment or legal separation or by the dismissal or withdrawal, with the individual's consent, of a petition seeking annulment, divorce, dissolution of marriage or legal separation. E. An advance directive for mental health treatment that conflicts with an earlier advance directive for mental health treatment revokes the earlier directive to the extent of the conflict. F. Unless otherwise specified in the power of attorney for mental health treatment, an advance health-care directive pursuant to the Uniform Health-Care Decisions Act [Chapter 24, Article 7A NMSA 1978] and an advance directive for mental health treatment shall be treated separately. A revocation of a power of attorney for mental health treatment shall not affect the validity of a power of attorney. History: Laws 2006, ch. 7, § 6. ANNOTATIONSEffective 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.
NM Stat § 24-7B-8 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7B - Mental Health Care Treatment Decisions|Section 24-7B-8 - Decisions by guardian.

A. A guardian shall comply with the protected person's individual instructions made while the protected person had capacity and may not disregard the protected person's preferences contained in an advance directive for mental health treatment unless the appointing court expressly so authorizes after notice to the agent, if any, and the protected person. The court may disregard such preferences if it finds by clear and convincing evidence that the preferences do not accurately reflect the free choice of the protected person at the time of making the individual instructions or that the protected person revoked the individual instructions while the protected person had capacity pursuant to Subsection B of Section 24-7A-3 NMSA 1978. B. A mental health treatment decision of an agent appointed by an individual having capacity takes precedence over that of a guardian, unless the appointing court expressly directs otherwise after notice to the agent and the protected person. C. Subject to the provisions of Subsections A and B of this section, a mental health treatment decision made by a guardian for the protected person is effective without judicial approval, if the appointing court has expressly authorized the guardian to make mental health treatment decisions for the protected person, in accordance with the provisions of Sections 43-1-15 or 45-5-312 NMSA 1978, after notice to the protected person and any agent. History: Laws 2006, ch. 7, § 8; 2009, ch. 159, § 6. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, changed "ward" to "protected person"; in Subsection A, between "shall comply with the" and "advance health-care", changed "ward's individual instructions and may not revoke the ward's" to "protected person's individual instructions made while the protected person had capacity and may not disregard the protected person's preferences contained in an"; and added the last sentence.
NM Stat § 24-7B-10 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7B - Mental Health Care Treatment Decisions|Section 24-7B-10 - Health care information.

Unless otherwise specified in an advance directive for mental health treatment, a person then authorized to make mental health treatment decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health care information. History: Laws 2006, ch. 7, § 10. ANNOTATIONSEffective 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.
NM Stat § 24-7B-11 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7B - Mental Health Care Treatment Decisions|Section 24-7B-11 - Immunities.

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. ANNOTATIONSEffective 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.
NM Stat § 24-7B-12 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7B - Mental Health Care Treatment Decisions|Section 24-7B-12 - Prohibited practice.

A. No insurer or other provider of benefits regulated by the New Mexico Insurance Code [Chapter 59A NMSA 1978, except for Articles 30A and 42A] or a state agency shall require a person to execute or revoke an advance directive for mental health treatment as a condition for membership in, being insured for or receiving coverage or benefits under an insurance contract or plan. B. No insurer may condition the sale, procurement or issuance of a policy, plan, contract, certificate or other evidence of coverage, or entry into a pension, profit-sharing, retirement, employment or similar benefit plan, upon the execution or revocation of an advance directive for mental health treatment; nor shall the existence of an advance directive for mental health treatment modify the terms of an existing policy, plan, contract, certificate or other evidence of coverage of insurance. C. The provisions of this section shall be enforced by the superintendent of insurance under the New Mexico Insurance Code. History: Laws 2006, ch. 7, § 12. ANNOTATIONSEffective 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.
NM Stat § 24-7B-13 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7B - Mental Health Care Treatment Decisions|Section 24-7B-13 - Statutory damages.

A. A health care provider or mental health treatment facility that intentionally violates the Mental Health Care Treatment Decisions Act is subject to liability to the aggrieved individual for damages of five thousand dollars ($5,000) or actual damages resulting from the violation, whichever is greater, plus reasonable attorney fees. B. A person who intentionally falsifies, forges, conceals, defaces or obliterates an individual's advance directive for mental health treatment or a revocation of an advance directive for mental health treatment without the individual's consent or a person who coerces or fraudulently induces an individual to give, revoke or not give or revoke an advance directive for mental health treatment is subject to liability to that individual for damages of five thousand dollars ($5,000) or actual damages resulting from the action, whichever is greater, plus reasonable attorney fees. C. The damages provided in this section are in addition to other types of relief available under other law, including civil and criminal law and law providing for disciplinary procedures. History: Laws 2006, ch. 7, § 13. ANNOTATIONSEffective 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.
NM Stat § 24-7B-14 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7B - Mental Health Care Treatment Decisions|Section 24-7B-14 - Effect of copy.

A copy of a written advance directive for mental health treatment or revocation of an advance directive for mental health treatment has the same effect as the original. History: Laws 2006, ch. 7, § 14. ANNOTATIONSEffective 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.
NM Stat § 24-7B-15 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7B - Mental Health Care Treatment Decisions|Section 24-7B-15 - Effect of the Mental Health Care Treatment Decisions Act.

A. The Mental Health Care Treatment Decisions Act does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance directive for mental health treatment. B. Death resulting from the withholding or withdrawal of health care in accordance with the Mental Health Care Treatment Decisions Act does not for any purpose: (1) constitute a suicide, a homicide or other crime; or (2) legally impair or invalidate a governing instrument, notwithstanding any term of the governing instrument to the contrary. "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with POD (payment on death designation), security registered in beneficiary form (TOD), pension, profit-sharing, retirement, employment or similar benefit plan, instrument creating or exercising a power of appointment or a dispositive, appointive or nominative instrument of any similar type. C. The Mental Health Care Treatment Decisions Act does not authorize mercy killing, assisted suicide, euthanasia or the provision, withholding or withdrawal of health care, to the extent prohibited by other statutes of this state. D. The Mental Health Care Treatment Decisions Act does not authorize or require a health care provider or mental health treatment facility to provide health care contrary to generally accepted health care standards applicable to the health care provider or mental health treatment facility. E. The Mental Health Care Treatment Decisions Act does not authorize an agent to consent to the admission of an individual to a mental health treatment facility. If the individual's written advance directive for mental health treatment expressly permits treatment in a mental health treatment facility, the agent may present the individual to a facility for evaluation for admission. F. The Mental Health Care Treatment Decisions Act does not affect other statutes of this state governing treatment for mental illness of an individual admitted to a mental health treatment facility, including involuntary commitment to a mental health treatment facility for mental illness. History: Laws 2006, ch. 7, § 15. ANNOTATIONSEffective 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.
NM Stat § 24-7B-16 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7B - Mental Health Care Treatment Decisions|Section 24-7B-16 - Transitional provisions.

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. ANNOTATIONSEffective 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.
NM Stat § 24-7C-1 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7C - End-of-Life Options|Section 24-7C-1 - Short title.

Sections 1 through 8 [24-7C-1 to 24-7C-8 NMSA 1978] of this act may be cited as the "End-of-Life Options Act" or the "Elizabeth Whitefield End-of-Life Options Act".History: Laws 2021, ch. 132, § 1. ANNOTATIONSEffective dates. — Laws 2021, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.Severability. — Laws 2021, ch. 132, § 11 provided that if any part or application of the End-of-Life Options Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 24-7C-2 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7C - End-of-Life Options|Section 24-7C-2 - Definitions.

As used in the End-of-Life Options Act:A. "adult" means a resident of the state who is eighteen years of age or older;B. "capacity" means an individual's ability to understand and appreciate health care options available to that individual, including significant benefits and risks, and to make and communicate an informed health care decision. A determination of capacity shall be made only according to professional standards of care and the provisions of Section 24-7A-11 NMSA 1978;C. "health care entity" means an entity, other than an individual, that is licensed to provide any form of health care in the state, including a hospital, clinic, hospice agency, home health agency, long-term care agency, pharmacy, group medical practice, medical home or any similar entity;D. "health care provider" means any of the following individuals authorized pursuant to the New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978] to prescribe a medication to be used in medical aid in dying:(1) a physician licensed pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978];(2) an osteopathic physician licensed pursuant to the Osteopathic Medicine Act [Chapter 61, Article 10 NMSA 1978]; (3) a nurse licensed in advanced practice pursuant to the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978]; or(4) a physician assistant licensed pursuant to the Physician Assistant Act [61-6-7 to 61-6-10 NMSA 1978] or the Osteopathic Medicine Act;E. "medical aid in dying" means the medical practice wherein a health care provider prescribes medication to a qualified individual who may self-administer that medication to bring about a peaceful death;F. "mental health professional" means a state-licensed psychiatrist, psychologist, master social worker, psychiatric nurse practitioner or professional clinical mental health counselor;G. "prescribing health care provider" means a health care provider who prescribes medical aid in dying medication;H. "qualified individual" means an individual who has met the requirements of Section 3 [24-7C-3 NMSA 1978] of the End-of-Life Options Act;I. "self-administer" means taking an affirmative, conscious, voluntary action to ingest a pharmaceutical substance; andJ. "terminal illness" means a disease or condition that is incurable and irreversible and that, in accordance with reasonable medical judgment, will result in death within six months.History: Laws 2021, ch. 132, § 2. ANNOTATIONSEffective dates. — Laws 2021, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.Severability. — Laws 2021, ch. 132, § 11 provided that if any part or application of the End-of-Life Options Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 24-7C-4 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7C - End-of-Life Options|Section 24-7C-4 - Determining capacity.

If an individual has a recent history of a mental health disorder or an intellectual disability that could cause impaired judgment with regard to end-of-life medical decision making, or if, in the opinion of the prescribing health care provider or consulting health care provider, an individual currently has a mental health disorder or an intellectual disability that may cause impaired judgment with regard to end-of-life medical decision making, the individual shall not be determined to have capacity to make end-of-life decisions until the:A. health care provider refers the individual for evaluation by a mental health professional with the training and expertise to assess a person with such a disorder or disability; andB. mental health professional determines the individual to have capacity to make end-of-life decisions after evaluating the individual during one or more visits with the individual.History: Laws 2021, ch. 132, § 4. ANNOTATIONSEffective dates. — Laws 2021, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.Severability. — Laws 2021, ch. 132, § 11 provided that if any part or application of the End-of-Life Options Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
NM Stat § 24-7C-5 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7C - End-of-Life Options|Section 24-7C-5 - Waiting period.

A prescription for medical aid in dying medication shall:A. not be filled until forty-eight hours after the prescription for medical aid in dying medication has been written, unless the qualified individual's prescribing health care provider has medically confirmed that the qualified individual may, within reasonable medical judgment, die before the expiration of the waiting period identified herein, in which case, the prescription may be filled once the prescribing health care provider affirms that all requirements have been fulfilled pursuant to Section 3 [24-7C-3 NMSA 1978] of the End-of-Life Options Act; andB. indicate the date and time that the prescription for medical aid in dying medication was written and indicate the first allowable date and time when it may be filled.History: Laws 2021, ch. 132, § 5. ANNOTATIONSEffective dates. — Laws 2021, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.Severability. — Laws 2021, ch. 132, § 11 provided that if any part or application of the End-of-Life Options Act is held invalid, the remainder or its application to other situations or persons shall not be affected.