SB 3 — COMMITMENT PROCEDURE CHANGES & DEFINITIONS

l ] b ,d i a e r i = r (1) it is more likely than not that in the t e w d m a n o near future, the person will attempt to SJC commit suicide SJC d m :

b e d s o t n = .232329.3GLGAIC February 17, 2026 (12:00 pm) s k m e - 5 - e a n e d r e l u [ A d SJC cause self-inflicted death SJC or will HJC intentionally HJC cause serious bodily harm to the person's self SJC by violent or other self-destructive means SJC ;

(a)SB demonstrates3 thatPage HJC4 ,(a) demonstrates that, as a result of a mental disorder, HJC the person lacks the decisional capacity HRECEDE HJC , as determined by a qualified mental health professional, HJC HRECEDE to satisfy the person's need for nourishment, personal or medical care, shelter or self-self-protection protection and safety and that it is more likely than not that the lack of decisional 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 h g near future unless adequate treatment is provided pursuant to o t hr the Mental Health and Developmental Disabilities Code;

hO. te i k HJC P.

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

HJCP. "mental disorder" means h r i s h substantial disorder of a person's emotional processes, thought , t, e u g or cognition that grossly impairs judgment, behavior or e b l e e h capacity to recognize reality, but does not mean developmental n d d ig = = o h or intellectual disability;

l"mental ]health bor ,ddevelopmental ior intellectual disabilities professional" means a ephysician ror iother =professional rwho HJCby Q.training or experience is qualified to work with persons with a mental disorder or a developmental or intellectual disability;

HJCQ. HJC P.

HJC"physician" "mentalor health"certified psychologist", when used for the purpose of hospital admittance or tdischarge, emeans wa dphysician mor certified psychologist who has been SB 3 Page 5 granted admitting privileges at a nhospital olicensed developmentalby orthe intellectualhealth disabilitiescare professional"authority, meansif dsuch mprivileges :are required;

bR. e d s o t n = .232329.3GLGAIC February 17, 2026 (12:00 pm) s k m e - 6 - e a n e d r e l u [ A d a physician or other professional who by training or experience is qualified to work with persons with a mental disorder or a developmental or intellectual disability;

HJC"protected R.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:

HJC HJC Q.

HJC "physician" or "certified psychologist", when used for the purpose of hospital admittance or discharge, means 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;

HJC S.

HJC HJC R.

HJC "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:

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

gS. o t hr HJC T.

HJC"psychosurgery": HJC S.

HJC(1) "psychosurgery":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 for the purpose of the following:

h(a) temodification ior kcontrol (1)of meansthoughts, thosefeelings, operationsactions currentlyor referredbehavior hrather rthan ithe streatment toof asa lobotomy,known psychiatric surgery and behavioraldiagnosed surgeryphysical anddisease h , t, e u g all other forms of brain surgery if the surgerybrain; is performed e b l e e h for the purpose of the following:

n(b) dtreatment dof igabnormal =brain =function o h (a) modification or controlnormal ofbrain thoughts,tissue lin ]order bto ,dcontrol ithoughts, a e r i = r feelings, actions or behaviorbehavior; rather than the treatment of a t e w d m a n o known and diagnosed physical disease of the brain;

dor m(c) :treatment of abnormal brain function or abnormal brain tissue in order to modify SB 3 Page 6 thoughts, feelings, actions or behavior when the abnormality is not an established cause for those thoughts, feelings, actions or behavior;

b e d s o t n = .232329.3GLGAIC February 17, 2026 (12:00 pm) s k m e - 7 - e a n e d r e l u [ A d (b) treatment of abnormal brain function or normal brain tissue in order to control thoughts, feelings, actions or behavior;

or (c) treatment of abnormal brain function or abnormal brain tissue in order to modify thoughts, feelings, actions or behavior when the abnormality is not an established cause for those thoughts, feelings, actions or behavior;

HJCT. U.

HJC"qualified HJCmental T.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;

HJCU. "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 h persons with a mental disorder;

g"residential otreatment tor hrhabilitation HJCprogram" V.means diagnosis, evaluation, care, treatment or habilitation rendered inside or on the premises of a mental health or developmental disabilities facility, hospital, clinic, institution or supervisory residence or nursing home when the client resides on the premises;

HJCand HJCV. U.

HJC"treatment" "residential treatment or h te i k habilitation program" means diagnosis,any evaluation,effort care,to haccomplish ra isignificant schange treatmentin or habilitation rendered inside or on the premises of h , t, e u g a mental health or developmentalemotional disabilitiescondition facility, e b l e e h hospital, clinic, institution or supervisorybehavior residenceof or n d d ig = = o h nursing home when the clientclient." residesSECTION on2. the premises;

and l ] b ,d i a e r i = r HJC W.

HJC HJC V.

HJC "treatment" means any t e w d m a n o effort to accomplish a significant change in the mental or d m :

b e d s o t n = .232329.3GLGAIC February 17, 2026 (12:00 pm) s k m e - 8 - e a n e d r e l u [ A d emotional condition or behavior of the client." SECTION 2.

DEFINITIONS.--As used in the Assisted SB 3 Page 7 Outpatient Treatment Act:

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

h D.

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

b e d s o t n = .232329.3GLGAIC February 17, 2026 (12:00 pm) s k m e - 9 - e a n e d r e l u [ A d need for hospitalization.

SB 3 Page 8 (2) periodic blood tests or urinalysis to determine compliance with prescribed medications;

and (9) any other services prescribed to treat the h patient's mental disorder and to assist the patient in living g o t hr and functioning in the community, or to attempt to prevent a h te i k deterioration of the patient's mental or physical condition;

h r i s E.

"covered entity" means a health plan, a health h , t, e u g care clearinghouse or a health care provider that transmits any e b l e e h health information in electronic form;

n d d ig = = o h F.

"guardian" means a judicially appointed guardian l ] b ,d i a e r i = r having authority to make mental health care decisions for an t e w d m a n o individual;

dG. m :

b"least erestrictive dappropriate salternative" oSB t3 nPage =9 .232329.3GLGAICmeans Februarytreatment 17,and 2026conditions (12:00that: pm) s k m e - 10 - e a n e d r e l u [ A d G.

"least restrictive appropriate alternative" means treatment and conditions that:

[H.H.

"likely"serious to result in serious harm to others" means that itwithin isthe morerecent likelypast, than not that in the nearperson futurehas ainflicted personor willattempted to inflict serious,serious unjustified bodily harm on another person or commithas aacted criminalin sexualsuch offense,a way as evidencedto bycreate behaviora causing,substantial attemptingrisk orof threateningserious suchbodily harm,harm whichto behavioranother givesand riseit tois amore reasonablelikely fearthan ofnot suchthat harmthe fromconduct will be repeated in the person;near future;

"likely"serious to result in serious harm to self" means hthat: that it is more likely than not that in the near future the g o t hr person will attempt to commit suicide or will cause serious h te i k bodily harm to the person's self by violent or other self- h r i s destructive means, including grave passive neglect;] h , t, e u g H.

"(1) HJCit seriousis HJCmore harmlikely tothan others"not means that ein b l e e h within the recentnear past,future, the person haswill inflictedattempt or attempted n d d ig = = o h to inflictcause seriousself-inflicted bodilydeath harm on another or haswill actedintentionally incause such l ] b ,d i a e r i = r a way as to create a substantial risk of serious bodily harm to t e w d m a n o another and it is more likely than not that the conductperson's willself; be d m :

b e d s o t n = .232329.3GLGAIC February 17, 2026 (12:00 pm) s k m e - 11 - e a n e d r e l u [ A d repeated in the near future;

I.

" HJC serious HJC harm to self" means that:

(1) it is more likely than not that in the near future, the person will attempt to SJC commit suicide SJC SJC cause self-inflicted death SJC or will HJC intentionally HJC cause serious bodily harm to the person's self SJC by violent or other self-destructive means SJC ;

(a) demonstrates thatthat, HJC , as a result of a mental disorder, HJC the person lacks the decisional capacity HRECEDE HJC , as determined by a qualified mental health professional, HJC HRECEDE to satisfy the person's need for nourishment, personal or medical care, shelter or self-self-protection protection and safety and that it is more likely than not that the lack of decisional SB 3 Page 10 capacity will result in death, serious h g bodily injury or serious physical or mental debilitation in the o t hr near future if treatment is not ordered;

and h te i k (b) makes it more likely than not that h r i s h the person will suffer serious physical debilitation in the , t, e u g near future unless adequate treatment is provided pursuant to e b l e e h the Assisted Outpatient Treatment Act;

n d d ig = = o h J.

"mandated service" means a service specified in l ] b ,d i a e r i = r a court order requiring assisted outpatient treatment;

t e w d m a n o K.

"participating municipality or county" means a dmunicipality mor :county that has entered into a memorandum of understanding with its respective district court with respect to the funding of such district court's administrative expenses, including legal fees, for proceedings pursuant to the Assisted Outpatient Treatment Act;

b e d s o t n = .232329.3GLGAIC February 17, 2026 (12:00 pm) s k m e - 12 - e a n e d r e l u [ A d municipality or county that has entered into a memorandum of understanding with its respective district court with respect to the funding of such district court's administrative expenses, including legal fees, for proceedings pursuant to the Assisted Outpatient Treatment Act;

"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 SB 3 Page 11 profession;

"qualified professional" means a physician, h licensed psychologist, prescribing psychologist, certified g o t hr nurse practitioner or clinical nurse specialist with a h te i k specialty in mental health, or a physician assistant with a h r i s specialty in mental health;

h , t, e u g P.

"qualified protective order" means, with respect e b l e e h to protected health information, an order of a district court n d d ig = = o h or stipulation of parties to a proceeding under the Assisted l ] b ,d i a e r i = r Outpatient Treatment Act;

t e w d m a n o Q.

"respondent" means a person who is the subject dof ma :petition or order for assisted outpatient treatment;

b e d s o t n = .232329.3GLGAIC February 17, 2026 (12:00 pm) s k m e - 13 - e a n e d r e l u [ A d of a petition or order for assisted outpatient treatment;

"treatment guardian" means a person appointed pursuant to Section 43-1-15 NMSA 1978 to make mental health treatment decisions for a person who has been found by clear and convincing evidence to be incapable of making the person's own mental health treatment decisions." -SB 143 -Page h12 u25 r t h g te l i h r i s h , e h t u g e b l e e , g n d d i = = o h l ] b ,d i a r e r = t e w d m a n o d m :

b r e t o t n = .232329.3GLGAIC February 17, 2026 (12:00 pm) s k m e e a n e d r e l u [ A d