reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-12 - Search and notification.

A. The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(1) a law enforcement officer, firefighter, paramedic or other emergency rescuer finding the individual; and
(2) if no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.
B. If a document of gift or a refusal to make an anatomical gift is located by the search required by Paragraph (1) of Subsection A of this section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
C. A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.
History:
Laws 2007, ch. 323, § 12.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-13 - Delivery of document of gift not required; right to examine.

A. A document of gift need not be delivered during the donor's lifetime to be effective.
B. Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass pursuant to Section 11 [24-6B-11 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act.
History:
Laws 2007, ch. 323, § 13.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-15 - Coordination of procurement and use.

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
History:
Laws 2007, ch. 323, § 15.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-16 - Sale or purchase of parts prohibited.

A. Except as otherwise provided in Subsection B of this section, a person who for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a third degree felony and upon conviction is subject to a fine not exceeding five thousand dollars ($5,000) or imprisonment not exceeding six years, or both.
B. A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation or disposal of a part.
History:
Laws 2007, ch. 323, § 16.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-17 - Other prohibited acts.

A person who, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal, commits a third degree felony and upon conviction is subject to a fine not exceeding five thousand dollars ($5,000) or imprisonment not exceeding six years, or both.
History:
Laws 2007, ch. 323, § 17.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-18 - Immunity.

A. A person that acts in accordance with the Jonathan Spradling Revised Uniform Anatomical Gift Act or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution or administrative proceeding.
B. Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
C. In determining whether an anatomical gift has been made, amended or revoked pursuant to the Jonathan Spradling Revised Uniform Anatomical Gift Act, a person may rely upon representations of an individual listed in Paragraph (2), (3), (4), (5), (6), (7) or (8) of Subsection A of Section 9 [24-6B-9 NMSA 1978] of that act relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
History:
Laws 2007, ch. 323, § 18.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-19 - Law governing validity; choice of law as to execution of document of gift; presumption of validity.

A. A document of gift is valid if executed in accordance with:
(1) the Jonathan Spradling Revised Uniform Anatomical Gift Act;
(2) the laws of the state or country where it was executed; or
(3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed.
B. If a document of gift is valid pursuant to this section, the law of this state governs the interpretation of the document of gift.
C. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
History:
Laws 2007, ch. 323, § 19.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-20 - Donor registry.

A. The motor vehicle division of the taxation and revenue department shall establish a donor registry pursuant to the provisions of Subsection B of Section 66-5-10 NMSA 1978.
B. The motor vehicle division of the taxation and revenue department shall cooperate with a person that administers any donor registry that this state establishes, contracts for or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor's making, amendment to or revocation of an anatomical gift.
C. A donor registry shall:
(1) allow a donor or other person authorized pursuant to Section 4 [24-6B-4 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act to include on the donor registry a statement or symbol that the donor has made, amended or revoked an anatomical gift;
(2) be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift; and
(3) be accessible for purposes of Paragraphs (1) and (2) of this subsection seven days a week on a twenty-four-hour basis.
D. Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor or person who made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift.
E. This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry shall comply with the provisions of Subsections C and D of this section.
History:
Laws 2007, ch. 323, § 20.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-21 - Effect of anatomical gift on advance health-care directive.

A. As used in this section:
(1) "advance health-care directive" means a power of attorney for health care, a health-care directive made pursuant to the provisions of the Uniform Health-Care Decisions Act [Chapter 24, Article 7A NMSA 1978] or a record signed by a prospective donor containing the prospective donor's direction concerning a health-care decision for the prospective donor;
(2) "declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor; and
(3) "health-care decision" means any decision made regarding the health care of the prospective donor.
B. If a prospective donor has a declaration or advance health-care directive, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor, unless the declaration expressly provides to the contrary.
History:
Laws 2007, ch. 323, § 21.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-22 - Cooperation between office of the state medical investigator and procurement organization.

A. The office of the state medical investigator shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education.
B. If the office of the state medical investigator receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the office of the state medical investigator and a post-mortem examination is going to be performed, unless the office of the state medical investigator denies recovery in accordance with Section 23 [24-6B-23 NMSA 1978] of the Jonathan Spradling Revised Uniform Anatomical Gift Act, the office of the state medical investigator or its designee shall conduct a post-mortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the anatomical gift.
C. A part may not be removed from the body of a decedent under the jurisdiction of the office of the state medical investigator for transplantation, therapy, research or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the office of the state medical investigator may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude the office of the state medical investigator from performing the medico-legal investigation upon the body or parts of a decedent under the jurisdiction of the office of the state medical investigator.
History:
Laws 2007, ch. 323, § 22.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-24 - Uniformity of application and construction.

In applying and construing the Jonathan Spradling Revised Uniform Anatomical Gift Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Laws 2007, ch. 323, § 24.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-25 - Relation to Electronic Signatures in Global and National Commerce Act.

The Jonathan Spradling Revised Uniform Anatomical Gift Act modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
History:
Laws 2007, ch. 323, § 25.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 323, § 36 made the Jonathan Spradling Revised Uniform Anatomical Gift Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 6B - Jonathan Spradling Revised Uniform Anatomical Gift Act › Section 24-6B-26 - Discrimination against recipients based on disability prohibited; enforcement.

A. As used in this section:
(1) "covered entity" means an organ procurement organization, hospital, transplant hospital, physician, insurance company or plan or health maintenance organization; and
(2) "disability" means a severe chronic physical or mental impairment that results in substantial functional limitations in one or more of the following areas of major life activity:
(a) self-care;
(b) receptive and expressive language;
(c) learning;
(d) mobility;
(e) self-determination; and
(f) capacity for independent living.
B. The provisions of this section apply to all stages of the transplant process.
C. A covered entity shall not discriminate against a person with a disability in the receipt of an anatomical gift and shall not, solely on the basis of a person's disability:
(1) consider the person ineligible to receive an anatomical gift;
(2) deny transplantation-related services;
(3) refuse to refer the person to an organ procurement organization, transplant hospital or other related specialist for the purpose of being evaluated for or receiving an anatomical gift;
(4) refuse to place an otherwise qualified recipient on an anatomical gift waiting list;
(5) place an otherwise qualified recipient on an anatomical gift waiting list at a lower priority position than the position at which the recipient would have been placed if the recipient did not have a disability; or
(6) refuse insurance coverage for any procedures associated with being evaluated for or receiving an anatomical gift, including post-surgical medical care.
D. A covered entity may take a person's disability into account when making treatment recommendations or decisions only to the extent that the disability has been found by a physician to be medically significant to the provision of the anatomical gift after an individualized evaluation of the person. If a person with a disability has the necessary support system to assist the person in complying with post-surgical medical requirements, a covered entity shall not consider the person's inability to independently comply with post-surgical medical requirements to be medically significant.
E. A person affected by a violation of the provisions of this section may commence a civil action in district court.
F. Nothing in this section is intended to limit or replace available remedies under the federal Americans with Disabilities Act of 1990 or other applicable law.
History:
Laws 2023, ch. 171, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 2023, ch. 171, § 7 contained an emergency clause and was approved April 5, 2023.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7 - Right to Die (Repealed.) › Section 24-7-1 to 24-7-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1997, ch. 168, § 15 repealed 24-7-1 to 24-7-10 NMSA 1978, as enacted by Laws 1977, ch. 287, §§ 1 to 10 and Laws 1984, ch. 99, § 6, the Right to Die Act, effective July 1, 1997. Laws 1984, ch. 99, § 9, repealed 24-7-11 NMSA 1978, as enacted by Laws 1977, ch. 287, § 11. For present comparable provisions,
see
Chapter 24, Article 7A NMSA 1978.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7A - Uniform Health-Care Decisions › Section 24-7A-2 - Advance health-care directives.

A. An adult or emancipated minor, while having capacity, has the right to make his or her own health-care decisions and may give an individual instruction. The instruction may be oral or written; if oral, it must be made by personally informing a health-care provider. The instruction may be limited to take effect only if a specified condition arises.
B. An adult or emancipated minor, while having capacity, may execute a power of attorney for health care, which may authorize the agent to make any health-care decision the principal could have made while having capacity. The power must be in writing and signed by the principal. The power remains in effect notwithstanding the principal's later incapacity under the Uniform Health-Care Decisions Act or Article 5 of the Uniform Probate Code [Chapter 45, Article 5 NMSA 1978]. The power may include individual instructions. Unless related to the principal by blood, marriage or adoption, an agent may not be an owner, operator or employee of a health-care institution at which the principal is receiving care.
C. Unless otherwise specified in a power of attorney for health care, the authority of an agent becomes effective only upon a determination that the principal lacks capacity, and ceases to be effective upon a determination that the principal has recovered capacity.
D. Unless otherwise specified in a written advance health-care directive, a determination that an individual lacks or has recovered capacity or that another condition exists that affects an individual instruction or the authority of an agent, shall be made according to the provisions of Section 11 [24-7A-11 NMSA 1978] of the Uniform Health-Care Decisions Act.
E. An agent shall make a health-care decision in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the agent. Otherwise, the agent shall make the decision in accordance with the agent's determination of the principal's best interest. In determining the principal's best interest, the agent shall consider the principal's personal values to the extent known to the agent.
F. A health-care decision made by an agent for a principal is effective without judicial approval.
G. A written advance health-care directive may include the individual's nomination of a guardian of the person.
History:
Laws 1995, ch. 182, § 2.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7A - Uniform Health-Care Decisions › Section 24-7A-2.1 - 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 health-care directive 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 health-care directive; nor shall the existence of an advance health-care directive 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 1997, ch. 168, § 14.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7A - Uniform Health-Care Decisions › Section 24-7A-3 - Revocation of advance health-care directive.

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 must be signed for the individual and be witnessed by two witnesses, each of whom has signed at the direction and in the presence of the individual and of each other.
B. An individual, while having capacity, may revoke all or part of an advance health-care directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke.
C. A health-care provider, agent, guardian or surrogate who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising health-care provider and to any health-care institution 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 health care. 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 health-care directive that conflicts with an earlier advance health-care directive revokes the earlier directive to the extent of the conflict.
History:
Laws 1995, ch. 182, § 3; 1997, ch. 168, § 2.
ANNOTATIONS
The 1997 amendment,
effective July 1, 1997, in Subsection A, substituted "either" for "only" in the first sentence and added the second sentence.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7A - Uniform Health-Care Decisions › Section 24-7A-6 - Decisions by guardian.

A. A guardian shall comply with the protected person's individual instructions made while the protected person had capacity and shall not disregard the protected person's preferences contained in an advance health-care directive 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. This provision does not affect the court's ability to grant relief pursuant to a petition as provided in Section 24-7A-14 NMSA 1978.
B. A health-care decision of an agent appointed by a person 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 health-care 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 health-care decisions for the protected person, in accordance with the provisions of Section 45-5-312 NMSA 1978, after notice to the protected person and any agent.
History:
Laws 1995, ch. 182, § 6; 2009, ch. 159, § 2.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, changed "ward" to "protected person"; and in Subsection A, between "shall comply with the" and "advance health-care directive", 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 shall not disregard the protected person's preferences contained in an"; and added the second and third sentences.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7A - Uniform Health-Care Decisions › Section 24-7A-6.2 - Consent to health care for certain minors fourteen years of age or older.

A. An unemancipated minor fourteen years of age or older who has capacity to consent may give consent for medically necessary health care; provided that the minor is:
(1) living apart from the minor's parents or legal guardian; or
(2) the parent of a child.
B. For purposes of this section, "medically necessary health care" means clinical and rehabilitative, physical, mental or behavioral health services that are:
(1) essential to prevent, diagnose or treat medical conditions or that are essential to enable an unemancipated minor to attain, maintain or regain functional capacity;
(2) delivered in the amount and setting with the duration and scope that is clinically appropriate to the specific physical, mental and behavioral health-care needs of the minor;
(3) provided within professionally accepted standards of practice and national guidelines; and
(4) required to meet the physical, mental and behavioral health needs of the minor, but not primarily required for convenience of the minor, health-care provider or payer.
C. The consent of the unemancipated minor to examination or treatment pursuant to this section shall not be disaffirmed because of minority.
D. The parent or legal guardian of an unemancipated minor who receives medically necessary health care is not liable for payment for those services unless the parent or legal guardian has consented to such medically necessary health care; provided that the provisions of this subsection do not relieve a parent or legal guardian of liability for payment for emergency health care provided to an unemancipated minor.
E. A health-care provider or a health-care institution shall not be liable for reasonably relying on statements made by an unemancipated minor that the minor is eligible to give consent pursuant to Subsection A of this section.
F. Nothing in this section shall otherwise limit the rights of an unemancipated minor to consent to treatment, nor shall this section be read to conflict with the rights of parents and children pursuant to the Children's Mental Health and Developmental Disabilities Act [32A-6A-1 to 32A-6A-30 NMSA 1978].
History:
1978 Comp., § 24-7A-6.2, as enacted by Laws 2009, ch. 220, § 3.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 220 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7A - Uniform Health-Care Decisions › Section 24-7A-8 - Health-care information.

Unless otherwise specified in an advance health-care directive, a person then authorized to make health-care 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 1995, ch. 182, § 8.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7A - Uniform Health-Care Decisions › Section 24-7A-9 - Immunities.

A. A health-care provider or health-care institution acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care provider or health-care institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for:
(1) complying or attempting to comply with a health-care decision of a person apparently having authority to make a health-care decision for a patient, including a decision to withhold or withdraw health care or make an anatomical gift;
(2) declining to comply with a health-care decision of a person based on a belief that the person then lacked authority;
(3) complying or attempting to comply with an advance health-care directive and assuming that the directive was valid when made and has not been revoked or terminated;
(4) declining to comply with a health-care directive as permitted by Subsection E or F of Section 24-7A-7 NMSA 1978; or
(5) complying or attempting to comply with any other provision of the Uniform Health-Care Decisions Act.
B. An individual acting as agent, guardian or surrogate under the Uniform Health-Care Decisions Act is not subject to civil or criminal liability or to discipline for unprofessional conduct for health-care decisions made in good faith.
History:
Laws 1995, ch. 182, § 9; 2000, ch. 54, § 10.
ANNOTATIONS
The 2000 amendment,
effective May 17, 2000, inserted "health-care" following both instances of "health care provider or" in the preliminary language of Subsection A, inserted "or make an anatomical gift" in Subsection A(1), and updated the statutory reference in Subsection A(4).
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7A - Uniform Health-Care Decisions › Section 24-7A-10 - Statutory damages.

A. A health-care provider or health-care institution that intentionally violates the Uniform Health-Care 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 health-care directive or a revocation of an advance health-care directive 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 health-care directive 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 1995, ch. 182, § 10; 1997, ch. 168, § 6.
ANNOTATIONS
The 1997 amendment,
effective July 1, 1997, inserted "health-care" preceding "institution" in Subsection A; substituted "five thousand dollars ($5,000)" for "two thousand five hundred dollars ($2,500)" in Subsections A and B; and made stylistic changes.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7A - Uniform Health-Care Decisions › Section 24-7A-11 - Capacity.

A. The Uniform Health-Care Decisions Act does not affect the right of an individual to make health-care decisions while having capacity to do so.
B. An individual is presumed to have capacity to make a health-care decision, to give or revoke an advance health-care directive and to designate a surrogate.
C. Unless otherwise specified in a written advance health-care directive, a determination that an individual lacks or has recovered capacity or that another condition exists that affects an individual instruction or the authority of an agent shall be made by two qualified health-care professionals, one of whom shall be the primary care practitioner. If the lack of capacity is determined to exist because of mental illness or developmental disability, one of the qualified health-care professionals shall be a person whose training and expertise aid in the assessment of functional impairment.
D. An individual shall not be determined to lack capacity solely on the basis that the individual chooses not to accept the treatment recommended by a health-care practitioner.
E. An individual, at any time, may challenge a determination that the individual lacks capacity by a signed writing or by personally informing a health-care practitioner of the challenge. A health-care practitioner who is informed by the individual of a challenge shall promptly communicate the fact of the challenge to the supervising health-care practitioner and to any health-care institution at which the individual is receiving care. Such a challenge shall prevail unless otherwise ordered by the court in a proceeding brought pursuant to the provisions of Section 24-7A-14 NMSA 1978.
F. A determination of lack of capacity under the Uniform Health-Care Decisions Act shall not be evidence of incapacity under the provisions of Article 5 of the Uniform Probate Code [Chapter 45 NMSA 1978].
History:
Laws 1995, ch. 182, § 11; 1997, ch. 168, § 7; 2015, ch. 116, § 8.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, amended the Uniform Health-Care Decisions Act provision, relating to the capacity of individuals making their own health-care decisions; and substituted each reference to "primary physician" or "health-care provider" with "primary care practitioner" or "health-care practitioner" throughout the section.
Temporary provisions.
— Laws 2015, ch. 116, § 16 provided that by January 1, 2016, every cabinet secretary, agency head and head of a political subdivision of the state shall update rules requiring an examination by, a certificate from or a statement of a licensed physician to also accept such examination, certificate or statement from an advanced practice registered nurse, certified nurse-midwife or physician assistant working within that person's scope of practice.
The 1997 amendment,
effective July 1, 1997, deleted "or disqualify" following "designate" in Subsection B; and made a stylistic change.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7A - Uniform Health-Care Decisions › Section 24-7A-12 - Effect of copy.

A copy of a written advance health-care directive, revocation of an advance health-care directive or designation or disqualification of a surrogate has the same effect as the original.
History:
Laws 1995, ch. 182, § 12.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7A - Uniform Health-Care Decisions › Section 24-7A-13 - Effect of the Uniform Health-Care Decisions Act.

A. The Uniform Health-Care Decisions Act does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health-care directive.
B. Death resulting from the withholding or withdrawal of health care in accordance with the Uniform Health-Care 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 Uniform Health-Care 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 Uniform Health-Care Decisions Act does not authorize or require a health-care provider or health-care institution to provide health care contrary to generally accepted health-care standards applicable to the health-care provider or health-care institution.
E. The Uniform Health-Care Decisions Act does not authorize an agent or surrogate to consent to the admission of an individual to a mental health-care facility. If the individual's written advance health-care directive expressly permits treatment in a mental health-care facility, the agent or surrogate may present the individual to a facility for evaluation for admission.
F. The Uniform Health-Care Decisions Act does not affect other statutes of this state governing treatment for mental illness of an individual admitted to a mental health-care institution.
History:
Laws 1995, ch. 182, § 13; 1997, ch. 168, § 8.
ANNOTATIONS
The 1997 amendment,
effective July 1, 1997, inserted "health-care" preceding "institution" in two places in Subsection D and substituted "admitted" for "involuntarily committed" in Subsection F.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7A - Uniform Health-Care Decisions › Section 24-7A-14 - Judicial relief.

On petition of a patient, the patient's agent, guardian or surrogate, a health-care provider or health-care institution involved with the patient's care, an individual described in Subsection B or C of Section 24-7A-5 NMSA 1978, the district court may enjoin or direct a health-care decision or order other equitable relief. A proceeding under this section is governed by the Rules of Civil Procedure for the District Courts.
History:
Laws 1995, ch. 182, § 14; 1997, ch. 168, § 9.
ANNOTATIONS
Cross references.
— For Rules of Civil Procedure for the District Courts,
see
Rule 1-001 NMRA.
The 1997 amendment,
effective July 1, 1997, in the first sentence, inserted "health-care" preceding "institution"; deleted "or another person having an interest in the patient's welfare" following "NMSA 1978"; and made a stylistic change.
Standing.
— A not-for-profit corporation authorized by federal law to pursue legal remedies on behalf of persons with developmental disabilities lacked standing to bring an action to stay the district court's order permitting termination of artificial nutrition and hydration of a patient.
Protection & Advocacy Sys. v. Presbyterian Healthcare Servs.
, 1999-NMCA-122, 128 N.M. 73, 989 P.2d 890.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7A - Uniform Health-Care Decisions › Section 24-7A-15 - Uniformity of application and construction.

The Uniform Health-Care Decisions Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject matter of that act among states enacting it.
History:
Laws 1995, ch. 182, § 15.
2023 New Mexico Statutes › Chapter 24 - Health and Safety › Article 7A - Uniform Health-Care Decisions › Section 24-7A-16 - Transitional provisions.

A. An advance health-care directive is valid for purposes of the Uniform Health-Care Decisions Act if it complies with the provisions of that act, regardless of when or where executed or communicated.
B. The Uniform Health-Care 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, 1995.
C. Any advance directive, durable power of attorney for heath 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 1995, ch. 182, § 16; 1997, ch. 168, § 10.
ANNOTATIONS
The 1997 amendment,
effective July 1, 1997, added Subsection C and made a stylistic change.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
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.