2023 New Mexico Statutes › Chapter 43 - Commitment Procedures › Article 1B - Assisted Outpatient Treatment › Section 43-1B-8 - Disposition.

A. After a hearing meeting all requirements of Section 6 [43-1B-6 NMSA 1978] of the Assisted Outpatient Treatment Act, receipt of a proposed treatment plan meeting all requirements of Section 7 [43-1B-7 NMSA 1978] of that act and consideration of all relevant evidence, the court may order the respondent to receive assisted outpatient treatment if it finds by clear and convincing evidence that the respondent meets all criteria set forth in Section 3 [43-1B-3 NMSA 1978] of the Assisted Outpatient Treatment Act.
B. The court's order shall:
(1) provide for a period of outpatient treatment not to exceed one year;
(2) specify the assisted outpatient treatment services that the respondent is to receive; and
(3) direct one or more specified providers to provide or arrange for all assisted outpatient treatment for the patient throughout the period of the order.
C. If the court order includes medication, it shall state the type or types of medication and the dosage range found to be necessary, based on the treatment plan and evidence presented. The court may order the respondent to self-administer medication or accept the administration of such medication by a specified provider. In no event shall the court require or authorize the use of physical force or restraints to administer medication to the respondent.
D. The court may not order treatment that has not been recommended by the qualified professional and included in the written proposed treatment plan, nor direct the participation of a provider that has not been specified in such plan.
E. Nothing in the Assisted Outpatient Treatment Act, nor in the court's order, shall require any of the following to make payment for any services or items not otherwise a covered benefit under the terms of the applicable program or contract of insurance:
(1) a health maintenance organization;
(2) a managed health care plan;
(3) a health insurance company;
(4) a group health plan that provides medical care to employees or their dependents under the federal Employee Retirement Income Security Act of 1974 directly or through insurance, reimbursement or other means; or
(5) the state medicaid program.
F. If the court has received testimony from a surrogate decision-maker or a copy of an advance directive for mental health treatment executed by the respondent, the treatment order shall not conflict with the preferences expressed in such testimony or advance directive without a showing of good cause.
History:
Laws 2016, ch. 84, § 8.
ANNOTATIONS
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.
Cross references.
— For the federal Employee Retirement Income Security Act of 1974,
see
29 U.S.C.S. § 1001 et seq.
Effective dates.
— Laws 2016, ch. 84, § 18 made Laws 2016, ch. 84 effective July 1, 2016.