HB 149 — SUPPORTED DECISION-MAKING ACT

d(a) rrelationship e 22 (b) willingness to actthe asdecision-maker; a supporter;

c(b) ewillingness sto kact 23as and e a nsupporter; b 24 (c) acknowledgment of the duties of a u [ supporter.

.230416.1and -(c) 3acknowledgment -of HJC/HBthe 149duties B.of a supporter.

EachB. party to a supported decision-making agreement shall sign the agreement in the presence of at least two adult witnesses or a notary public.

Each party to a supported decision-making agreement shall sign the agreement in the presence of at least two adult witnesses SJCº or»SJC SJCºwhose signatures shall be acknowledged by»SJC a notary public.

[NEW MATERIAL]MATERIAL ] PRESUMPTION OF CAPACITY.-- h A.

All decision-makers are presumed to have g o t hr capacity andSJCºand to be capable of managing their affairs unless g e i k otherwise determined by a court.court»SJC SJCºuntil such time as the h r i s decision-maker's primary care practitioner and one other h , t, qualified health professional with training and experience in e u g e b l e e h the assessment of functional impairment, or a court, determine n d d i = = o h that the decision-maker is unable to make the decision-maker's l ] b ,d i a º e own decisions»SJC .

A diagnosis of mental illness, r i = r t e w d m a n o intellectual disability or developmental disability, of itself, doesd notm void: the presumption of capacity.

b e d s º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 4 - e a n e d r e l u [ A d HJC/HB 149 does not void the presumption of capacity.

The execution of a supported decision-making agreement may not be used as evidence of capacity or incapacity in any civil or criminal proceeding and does not preclude the e t 17 ability of the decision-maker who has entered into a supported w l n d 18 decision-making agreement to act independently of the = = 19 agreement.

a l i a e r 20 SECTION 6.

[NEW MATERIAL]MATERIAL ] SUPPORTER DUTIES AND a t m m 21 AUTHORITY--SUPPORTER PROHIBITIONS.-- d r e 22 A.

c e s k 23 (1) act in good faith;

e a n b 24 (2) act with the care, competence and uh [ diligence ordinarily exercised by supportersSJCº insupporters»SJC similarSJCºa .230416.1g -o 4reasonable -person»SJC HJC/HBin 149similar circumstances;

t hr g e (3) act only within the scope of authority i k h r i s granted in the supported decision-making agreement;

h , t, (4) avoidSJCºavoid»SJC SJCºnot engage in»SJC e u g e b l self-dealing;

andSJCº and»SJC e e h n d d i = = o h (5) support the will and preference of the l ] b ,d i a º e decision-maker rather than the supporter's opinion of the r i = r t e w d decision-maker's best interests.interests SJCº.»SJC SJCº;

B.m a n o d m :

b e d s º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 5 - e a n e d r e l u [ A supporterd isHJC/HB prohibited149 from:(6) not receive compensation as a result of the supporter's duties under a supported decision-making agreement;

and (7) stop serving as a supporter if the supporter questions the capacity of the decision-maker to continue making decisions.»SJC B.

SJCºA»SJC SJCºIn the absence of an applicable power of attorney, a»SJC supporter is prohibited from:

(2)SJCº(2) obtaining,signing withoutlegal thedocuments consenton behalf of the decision-maker,decision-maker; information that is not reasonably related to matters with which the supporter is authorized to assist pursuant to the supported decision-making agreement;

and (3) using,binding the decision-maker to a legal agreement;»SJC SJCº (2)»SJC SJCº(4)»SJC obtaining, without the consent of the decision-maker, information acquiredthat foris anot purposeh otherg thanreasonably erelated tto 17matters assistingwith which the decision-makersupporter tois makeo at decisionhr underauthorized theto wassist lpursuant nto dthe 18 supported decision-making agreement.g e i k agreement;

and h r i s SJCº (3)»SJC SJCº(5)»SJC using, without the h , t, e u g consent of the decision-maker, information acquired for a e b l e e h purpose other than assisting the decision-maker to make a n d d i = = 19o SECTIONh 7.decision under the supported decision-making agreement.

[NEWl MATERIAL]] SUPPORTERb NOT,d A FIDUCIARY a l i a º e r 20i AGENT.--A= supporterr isSJCºSECTION not7. a fiduciary agent of the decision- a t m m 21 maker.

d[NEW rMATERIAL] SUPPORTER NOT A FIDUCIARY t e 22w SECTIONd 8.m a n o AGENT.--A supporter is not a fiduciary agent of the decision- d m :

[NEWb MATERIAL]e SUPPORTERd DISQUALIFICATIONS.--s cº eo t n = .230416.1AIC March 22, 2025 (9:48pm) s k 23m Thee - 6 - e a n e d r e l u [ A d HJC/HB 149 maker.»SJC SECTION SJCº 8.»SJC SJCº7.»SJC [NEW MATERIAL] SUPPORTER DISQUALIFICATIONS.--The following persons are disqualified from acting as a e a n b 24 supporter:

u [ A.

an individual who is the subject of a civil or .230416.1 - 5 - HJC/HB 149 criminal order prohibiting contact with the decision-maker;

SECTION 9.SJCº 9.»SJC SJCº8.»SJC [NEW MATERIAL] ACCESS TO PERSONAL INFORMATION.-- SJCºA.»SJC If a supporter assists a decision-maker in accessing, collecting or obtaining personal information, h including financial information, protected health information g o under the federal Health Insurance Portability and t hr g e Accountability Act of 1996 or educational records under the i k h r i s federal Family Educational Rights and Privacy Act of 1974, the h , t, supporter shall ensure that the information is kept privileged e u g e b l and confidential, as applicable, and is not subject to e e h n d d i = = o h unauthorized access, use or disclosure.

[NEWl MATERIAL]] ACCESSb TO,d PERSONALi INFORMATION.--a A.º e SJCº B.

IfThe aexistence supporterof assists a decision-makersupported indecision-making accessing,r collectingi or= obtainingr personalt information, including financial information, protected health information under the federal Health Insurance Portability and Accountability Act of 1996 or educational records under the federal Family Educational Rights and Privacy Act of 1974, the supporter shall ensure that the information is kept privileged e tw 17d andagreement confidential,does asnot applicable,preclude anda isdecision-maker notfrom subjectseeking tom wa l n o d 18m unauthorized: access, use or disclosure.

=b e d s º o t n = 19.230416.1AIC B.March 22, 2025 (9:48pm) s k m e - 7 - e a n e d r e l u [ A d HJC/HB 149 personal information without the assistance of the supporter.»SJC SJCºSECTION 9.

The[NEW existenceMATERIAL] ofDECISION-MAKER aACCESS supportedTO decision-makingPERSONAL aINFORMATION.--The lexistence iof a esupported rdecision-making 20 agreement does not preclude a decision-maker from seeking a t m m 21 personal information without the assistance of the supporter.supporter.»SJC SECTION 10.

d[NEW rMATERIAL e] 22THIRD SECTIONPARTY 10.RELIANCE ON SUPPORTED DECISION-MAKING AGREEMENT.--A person who receives an original or a copy of a supported decision-making agreement shall rely on the agreement SJCº, unless the person suspects abuse, neglect or exploitation and makes a report pursuant to Section 13 of the Supported Decision-Making Act»SJC .

[NEWSECTION MATERIAL]11. THIRD PARTY RELIANCE ON c e s k 23 SUPPORTED DECISION-MAKING AGREEMENT.--A person who receives an e a n b 24 original or a copy of a supported decision-making agreement u [ shall rely on the agreement.

.230416.1[NEW -MATERIAL 6] -RECOGNITION HJC/HBOF 149DECISIONS SECTIONMADE 11.WITH ASSISTANCE OF SUPPORTER.--A decision or request made or communicated with the assistance of a supporter in conformity h with the Supported Decision-Making Act shall be recognized for g o t hr the purposes of any provision of law as the decision or request g e i k of the decision-maker.

[NEWh MATERIAL]r RECOGNITIONi OFs DECISIONSSECTION MADE12. WITH ASSISTANCE OF SUPPORTER.--A decision or request made or communicated with the assistance of a supporter in conformity with the Supported Decision-Making Act shall be recognized for the purposes of any provision of law as the decision or request of the decision-maker.

SECTION[NEW 12.MATERIAL ] TERM OF SUPPORTED DECISION- h , t, e u g MAKING AGREEMENT--TERMINATION OR REVOCATION OF AGREEMENT.-- e b l e e h A.

[NEWExcept MATERIAL]as TERMprovided OFby SUPPORTEDSubsection DECISION-B MAKINGof AGREEMENT--TERMINATIONthis ORn REVOCATIONd OFd AGREEMENT.--i A.= = o h section, the supported decision-making agreement extends until l ] b ,d i a º e r i = r terminated by either party or by the terms of the agreement.

Exceptt ase providedw byd Subsectionm Ba ofn thiso section,B. the supported decision-making agreement extends until terminated by either party or by the terms of the agreement.

B.The supported decision-making agreement is d m :

Theb supportede decision-makingd agreements isº o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 8 - e a n e d r e l u [ A d HJC/HB 149 terminated as to a particular supporter if:

(1) the adult protective services division of the aging and long-term services department finds that the decision-maker has been abused, neglected or exploited by the e t 17 supporter;

w l n d 18 (2) the supporter is the subject of a civil or = = 19 criminal order prohibiting contact with the decision-maker;

a l i a e r 20 (3) the supporter has been placed on the a t m m 21 state's employee abuse registry;

d r e 22 (4) the supporter has been convicted of a c e s k 23 crime involving violence or dishonesty;

e a n b 24 (5) the supporter is incarcerated;

u [ (6) the decision-maker gives notice to the .230416.1 - 7 - HJC/HB 149 supporter orally, in writing, through an assistive technology device or by any other means or act showing a specific intent to terminate the agreement;

or h (7) the supporter provides written notice of g o the supporter's resignation to the decision-maker.

t hr g e SECTION 13.

[NEW MATERIAL]MATERIAL ] REPORTING OF SUSPECTED ABUSE, i k h r i s NEGLECT OR EXPLOITATION.--If a person who receives a copy of a h , t, supported decision-making agreement or is aware of the e u g e b l existence of a supported decision-making agreement has cause to e e h n d d i believe that the decision-maker is being abused, neglected or = = o h l ] b ,d i a º e exploited by the supporter, the person shall report the alleged r i = r t e w d abuse, neglect or exploitation to the aging and long-term servicesm department'sa adultn protectiveo servicesd division'sm statewide: intake hotline.

b e d s º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 9 - e a n e d r e l u [ A d HJC/HB 149 services department's adult protective services division's statewide intake hotline.

[NEW MATERIAL]MATERIAL ] SUPPORTED DECISION-MAKING PROGRAM--CREATED--PROGRAM DUTIES.-- e t 17 A.

The "supported decision-making program" is w l n d 18 created within the office of guardianship in the developmental = = 19 a l disabilities council.

i a e r 20 B.

a t m m 21 (1) provide information to adults interested d r e 22 in entering into supported decision-making agreements;

c e s k 23 (2) facilitate adults in forming, executing e a n b 24 and terminating supported decision-making agreements;

u [ (3) monitor supported decision-making .230416.1 - 8 - HJC/HB 149 agreements to determine if the agreement meets statutory requirements;

(4) provide resources and assistance for a h decision-maker who believes a supporter is acting outside the g o scope of the supported decision-making agreement;

and t hr g e i k (5) provide resources to any individual who is h r i s seeking information on reporting suspected abuse, neglect or h , t, exploitation of the decision-maker.

SECTIONe u g e b l e e h Sfl1ºSECTION 15.

Section 43-1-3 NMSA 1978 (being Laws n d d i = = o h 1977, Chapter 279, Section 2, as amended) is amended to read:

l ] b ,d i a º e "43-1-3.

DEFINITIONS.--As used in the Mental Health and r i = r t e w d m a n o Developmental Disabilities Code:

d m :

b e d s º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 10 - e a n e d r e l u [ A d HJC/HB 149 A.

"aversive stimuli" means anything that, because it is believed to be unreasonably unpleasant, uncomfortable or distasteful to the client, is administered or done to the client for the purpose of reducing the frequency of a behavior, but does not include verbal therapies, physical restrictions to prevent imminent harm to self or others or psychotropic medications that are not used for purposes of punishment;

B.

"client" means a patient who is requesting or receiving mental health services or any person requesting or receiving developmental disabilities services or who is present in a mental health or developmental disabilities facility for the purpose of receiving such services or who has been placed in a mental health or developmental disabilities facility by the person's parent or guardian or by any court order;

C.

"code" means the Mental Health and Developmental Disabilities Code;

h D.

"consistent with the least drastic means u » r principle" means that the habilitation or treatment and the t h g e conditions of habilitation or treatment for the client, l i h r i s separately and in combination:

h , e h (1) are no more harsh, hazardous or intrusive t u g e b l than necessary to achieve acceptable treatment objectives for e e , gh n d d i = = o h the client;

l ] b ,d i a º r (2) involve no restrictions on physical e r = t e w d m a n o movement and no requirement for residential care except as d m :

b r e t º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 11 - e a n e d r e l u [ A d HJC/HB 149 reasonably necessary for the administration of treatment or for the protection of the client or others from physical injury;

and (3) are conducted at the suitable available facility close to the client's place of residence;

E.

"convulsive treatment" means any form of mental health treatment that depends upon creation of a convulsion by any means, including electroconvulsive treatment and insulin coma treatment;

F.

"court" means a district court of New Mexico;

G.

"crisis triage center" means a health facility that:

(1) is licensed by the health care authority;

and (2) provides stabilization of behavioral health crises and may include residential and nonresidential h g stabilization;

o t hr H.

"department" or "division" means the behavioral g e i k health services division of the health care authority;

h r i s h I.

"developmental or intellectual disability" means , t, e u g a severe chronic disability attributable to significantly e b l e e h subaverage general intellectual functioning existing n d d i = = o h l ] b ,d concurrently with deficits in adaptive behavior, cerebral i a º e r i = r palsy, autism or neurological dysfunction that requires similar t e w d m a n o treatment or habilitation;

d m :

b e d s º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 12 - e a n e d r e l u [ A d HJC/HB 149 J.

"evaluation facility" means a community mental health or developmental disability program, a crisis triage center or a medical facility that has psychiatric or developmental or intellectual disability services available, including the New Mexico behavioral health institute at Las Vegas, or, if none of those is reasonably available or appropriate, the office of a physician or a certified psychologist that is capable of performing a mental status examination adequate to determine the need for involuntary treatment;

K.

"experimental treatment" means any mental health or developmental disabilities treatment that presents significant risk of physical harm, but does not include accepted treatment used in competent practice of medicine and psychology and supported by scientifically acceptable studies;

L.

"grave passive neglect" means failure to provide h for basic personal or medical needs or for one's own safety to u » r such an extent that it is more likely than not that serious t h g e bodily harm will result in the near future;

l i h r i s M.

"habilitation" means the process by which h , e h professional persons and their staff assist a client with a t u g e b l developmental or an intellectual disability in acquiring and e e , gh n d d i = = o h maintaining those skills and behaviors that enable the person l ] b ,d i a º r to cope more effectively with the demands of the person's self e r = t e w d m a n o and environment and to raise the level of the person's d m :

b r e t º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 13 - e a n e d r e l u [ A d HJC/HB 149 physical, mental and social efficiency.

"Habilitation" includes but is not limited to programs of formal, structured education and treatment;

[N.

"likelihood of serious harm to oneself" means that it is more likely than not that in the near future the person will attempt to commit suicide or will cause serious bodily harm to the person's self by violent or other self- destructive means, including grave passive neglect;

O.

"likelihood of serious harm to others" means that it is more likely than not that in the near future a person will inflict serious, unjustified bodily harm on another person or commit a criminal sexual offense, as evidenced by behavior causing, attempting or threatening such harm, which behavior gives rise to a reasonable fear of such harm from the person;] N.

"harm to others" means that within the recent h past, the person has inflicted or attempted to inflict serious u » r t h bodily harm on another or has acted in such a way as to create g e l i a substantial risk of serious bodily harm to another and it is h r i s more likely than not that the conduct will be repeated in the h , e h t u g near future;

e b l e e , gh O.

"harm to self" means that:

n d d i = = o h (1) it is more likely than not that in the l ] b ,d i a º r e r = near future the person will attempt to commit suicide or will t e w d m a n o cause serious bodily harm to the person's self by violent or d m :

b r e t º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 14 - e a n e d r e l u [ A d HJC/HB 149 other self-destructive means;

or (2) the person's recent behavior:

(a) demonstrates that the person lacks the capacity to satisfy the person's need for nourishment, personal or medical care, shelter or self-protection and safety and that it is more likely than not that the lack of capacity will result in death, serious bodily injury or serious physical or mental debilitation in the near future if treatment is not ordered;

and (b) makes it more likely than not that the person will suffer serious physical debilitation in the near future unless adequate treatment is provided pursuant to the Mental Health and Developmental Disabilities Code;

P.

"mental disorder" means substantial disorder of a person's emotional processes, thought or cognition that grossly impairs judgment, behavior or capacity to recognize h reality, but does not mean developmental or intellectual u » r disability;

t h g e Q.

"mental health or developmental or intellectual l i h r i s disabilities professional" means a physician or other h , e h professional who by training or experience is qualified to work t u g e b l with persons with a mental disorder or a developmental or e e , gh n d d i = = o h intellectual disability;

l ] b ,d i a º r R.

"physician" or "certified psychologist", when e r = t e w d m a n o used for the purpose of hospital admittance or discharge, means d m :

b r e t º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 15 - e a n e d r e l u [ A d HJC/HB 149 a physician or certified psychologist who has been granted admitting privileges at a hospital licensed by the health care authority, if such privileges are required;

S.

"protected health information" means individually identifiable health information transmitted by or maintained in an electronic form or any other form or media that relates to the:

(1) past, present or future physical or mental health or condition of a person;

(2) provision of health care to a person;

or (3) payment for the provision of health care to a person;

T.

"psychosurgery":

(1) means those operations currently referred to as lobotomy, psychiatric surgery and behavioral surgery and all other forms of brain surgery if the surgery is performed h g for the purpose of the following:

o t hr (a) modification or control of thoughts, g e i k feelings, actions or behavior rather than the treatment of a h r i s h known and diagnosed physical disease of the brain;

, t, e u g (b) treatment of abnormal brain e b l e e h function or normal brain tissue in order to control thoughts, n d d i = = o h l ] b ,d feelings, actions or behavior;

or i a º e r i = r (c) treatment of abnormal brain function t e w d m a n o or abnormal brain tissue in order to modify thoughts, feelings, d m :

b e d s º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 16 - e a n e d r e l u [ A d HJC/HB 149 actions or behavior when the abnormality is not an established cause for those thoughts, feelings, actions or behavior;

and (2) does not include prefrontal sonic treatment in which there is no destruction of brain tissue;

U.

"qualified mental health professional licensed for independent practice" means an independent social worker, a licensed professional clinical mental health counselor, a marriage and family therapist, a certified nurse practitioner, a clinical nurse specialist with a specialty in mental health or a licensed art therapist, all of whom by training and experience are qualified to work with persons with a mental disorder;

V.

"residential treatment or habilitation program" means diagnosis, evaluation, care, treatment or habilitation rendered inside or on the premises of a mental health or developmental disabilities facility, hospital, clinic, h institution or supervisory residence or nursing home when the u » r client resides on the premises;

and t h g e W.

"treatment" means any effort to accomplish a l i h r i s significant change in the mental or emotional condition or h , e h behavior of the client." t u g e b l SECTION 16.

Section 43-1B-2 NMSA 1978 (being Laws 2016, e e , gh n d d i = = o h Chapter 84, Section 2, as amended) is amended to read:

l ] b ,d i a º r "43-1B-2.

DEFINITIONS.--As used in the Assisted e r = t e w d m a n o Outpatient Treatment Act:

d m :

b r e t º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 17 - e a n e d r e l u [ A d HJC/HB 149 A.

"advance directive for mental health treatment" means an individual instruction or power of attorney for mental health treatment made pursuant to the Mental Health Care Treatment Decisions Act;

B.

"agent" means an individual designated in a power of attorney for health care to make a mental health care decision for the individual granting the power;

C.

"assertive community treatment" means a team treatment approach designed to provide comprehensive community- based psychiatric treatment, rehabilitation and support to persons with serious and persistent mental disorders;

D.

"assisted outpatient treatment" means categories of outpatient services ordered by a district court, including case management services, comprehensive community support services, intensive outpatient services, care coordination or assertive community treatment team services, prescribed to h g treat a patient's mental disorder and to assist a patient in o t hr living and functioning in the community or to attempt to g e i k prevent a relapse or deterioration that may reasonably be h r i s h predicted to result in harm to the patient or another or the , t, e u g need for hospitalization.

Assisted outpatient treatment may e b l e e h include:

n d d i = = o h l ] b ,d (1) medication;

i a º e r i = r (2) periodic blood tests or urinalysis to t e w d m a n o determine compliance with prescribed medications;

d m :

b e d s º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 18 - e a n e d r e l u [ A d HJC/HB 149 (3) individual or group therapy;

(4) day or partial-day programming activities;

(5) educational and vocational training or activities;

(6) alcohol and substance abuse treatment and counseling;

(7) periodic blood tests or urinalysis for the presence of alcohol or illegal drugs for a patient with a history of alcohol or substance abuse;

(8) supervision of living arrangements;

and (9) any other services prescribed to treat the patient's mental disorder and to assist the patient in living and functioning in the community, or to attempt to prevent a deterioration of the patient's mental or physical condition;

E.

"covered entity" means a health plan, a health care clearinghouse or a health care provider that transmits any h health information in electronic form;

g o F.

"guardian" means a judicially appointed guardian t hr g e i k having authority to make mental health care decisions for an h r i s individual;

h , t, G.

"least restrictive appropriate alternative" e u g e b l e e h means treatment and conditions that:

n d d i = = o h (1) are no more harsh, hazardous or intrusive l ] b ,d i a º e than necessary to achieve acceptable treatment objectives;

and r i = r t e w d m a n o (2) do not restrict physical movement or d m :

b e d s º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 19 - e a n e d r e l u [ A d HJC/HB 149 require residential care, except as reasonably necessary for the administration of treatment or the protection of the patient;

[H.

"likely to result in serious harm to others" means that it is more likely than not that in the near future a person will inflict serious, unjustified bodily harm on another person or commit a criminal sexual offense, as evidenced by behavior causing, attempting or threatening such harm, which behavior gives rise to a reasonable fear of such harm from the person;

I.

"likely to result in serious harm to self" means that it is more likely than not that in the near future the person will attempt to commit suicide or will cause serious bodily harm to the person's self by violent or other self- destructive means, including grave passive neglect;] H.

"harm to others" means that within the recent h past, the person has inflicted or attempted to inflict serious u » r t h bodily harm on another or has acted in such a way as to create g e l i a substantial risk of serious bodily harm to another and it is h r i s more likely than not that the conduct will be repeated in the h , e h t u g near future;

e b l e e , gh I.

"harm to self" means that:

n d d i = = o h (1) it is more likely than not that in the l ] b ,d i a º r e r = near future the person will attempt to commit suicide or will t e w d m a n o cause serious bodily harm to the person's self by violent or d m :

b r e t º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 20 - e a n e d r e l u [ A d HJC/HB 149 other self-destructive means;

or (2) the person's recent behavior:

(a) demonstrates that the person lacks the capacity to satisfy the person's need for nourishment, personal or medical care, shelter or self-protection and safety and that it is more likely than not that the lack of capacity will result in death, serious bodily injury or serious physical or mental debilitation in the near future if treatment is not ordered;

and (b) makes it more likely than not that the person will suffer serious physical debilitation in the near future unless adequate treatment is provided pursuant to the Assisted Outpatient Treatment Act;

J.

"mandated service" means a service specified in a court order requiring assisted outpatient treatment;

K.

"participating municipality or county" means a h municipality or county that has entered into a memorandum of g o understanding with its respective district court with respect t hr g e i k to the funding of such district court's administrative h r i s expenses, including legal fees, for proceedings pursuant to the h , t, Assisted Outpatient Treatment Act;

e u g e b l e e h L.

"patient" means a person receiving assisted n d d i = = o h outpatient treatment pursuant to a court order;

l ] b ,d i a º e M.

"power of attorney for health care" means the r i = r t e w d m a n o designation of an agent to make health care decisions for the d m :

b e d s º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 21 - e a n e d r e l u [ A d HJC/HB 149 individual granting the power, made while the individual has capacity;

N.

"provider" means an individual or organization licensed, certified or otherwise authorized or permitted by law to provide mental or physical health diagnosis or treatment in the ordinary course of business or practice of a profession;

O.

"qualified professional" means a physician, licensed psychologist, prescribing psychologist, certified nurse practitioner or clinical nurse specialist with a specialty in mental health, or a physician assistant with a specialty in mental health;

P.

"qualified protective order" means, with respect to protected health information, an order of a district court or stipulation of parties to a proceeding under the Assisted Outpatient Treatment Act;

Q.

"respondent" means a person who is the subject h g of a petition or order for assisted outpatient treatment;

o t hr R.

"surrogate decision-maker" means:

g e i k (1) an agent designated by the respondent;

h r i s h (2) a guardian;

or , t, e u g (3) a treatment guardian;

and e b l e e h S.

"treatment guardian" means a person appointed n d d i = = o h l ] b ,d pursuant to Section 43-1-15 NMSA 1978 to make mental health i a º e r i = r treatment decisions for a person who has been found by clear t e w d m a n o and convincing evidence to be incapable of making the person's d m :

b e d s º o t n = .230416.1AIC March 22, 2025 (9:48pm) s k m e - 22 - e a n e d r e l u [ A d HJC/HB 149 own mental health treatment decisions."»Sfl1 HAFCº SECTION 15.

Any unexpended or e t 17 unencumbered balance remaining at the end of fiscal year 2026 wshall revert to the general fund.»HAFC -23- h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d 18d shalli revert= to= theo generalh fund.l ] b ,d i a º r e r = t e w d m a n o d m :

=b =r 19e -t 9º -o at ln i= a.230416.1AIC eMarch r22, 202025 a(9:48pm) ts mk m 21e d r e 22a cn e sd kr 23 e al n b 24 u [ .230416.1A d