SB 285 — EMERGENCY MENTAL HEALTH EVALUATIONS

SENATEAN BILLACT 285RELATING 55THTO LEGISLATUREBEHAVIORAL -HEALTH; STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Daniel A.

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hSECTION AN1. ACT g o RELATING TO BEHAVIORAL HEALTH;

ALLOWINGSection EMERGENCY43-1-10 MEDICALNMSA t1978 hr(being gLaws e1977, iChapter k279, TECHNICIANSSection OR9, EMERGENCYas RESPONDERSamended) TOis TRANSPORTamended Ato PERSONread: FOR h r i s EMERGENCY MENTAL HEALTH EVALUATION AND CARE IN THE ABSENCE OF A h , t, COURT ORDER IF THE PERSON PROVIDES CONSENT OR AT THE REQUEST OF e u g e b l e e h A PEACE OFFICER UNDER LIMITED CIRCUMSTANCES.

n d d i = = o h l ] b ,d i a º e BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

r i = r t e w d m a n o SECTION 1.

Section 43-1-10 NMSA 1978 (being Laws 1977, d m :

b e d s º o t n = .219455.1AIC March 18, 2021 (9:16pm) s k m e e a n e d r e l u [ A d Chapter 279, Section 9, as amended) is amended to read:

Immediately upon arrival at theSB h285 Page 1 the evaluation facility, the peace officer shall be interviewed by u » r the admitting physician or the admitting physician's designee;

t h g e l i or h r i s (4) a physician, a psychologist or a qualified h , e h mental health professional licensed for independent practice t u g e b l e e , gh who is affiliated with a community mental health center or core n d d i = = o h service agency has certified that the person, as a result of a l ] b ,d i a º r mental disorder, presents a likelihood of serious harm to e r = t e w d m a n o himself or herself or to others and that immediate detention is dnecessary mto :prevent such harm.

b r e t º o t n = .219455.1AIC March 18, 2021 (9:16pm) s k m e - 2 - e a n e d r e l u [ A d necessary to prevent such harm.

or (2) at the request of a peace officer for any reason provided for in HJCºSubsection A of»HJC this section.

[B.] C.

An emergency evaluation under this section shall be accomplished upon the request of a peace officer or jail or detention facility administrator or that person's designee or upon the certification of a physician, a psychologist or a qualified mental health professional licensed for independent practice who is affiliated with a SB 285 Page 2 community mental health center or core service agency.

A court order is h not required under this section.

If an application is made to g o t hr a court, the court's power to act in furtherance of an g e i k emergency admission shall be limited to ordering that:

h r i s (1) the client be seen by a certified h , t, psychologist or psychiatrist prior to transport to an e u g e b l e e h evaluation facility;

and n d d i = = o h (2) a peace officer transport the person to an l ] b ,d i a º e evaluation facility.

rD. i = r t e w d m a n o [C.

]An D.evaluation facility may accept for an emergency-based admission any person when a physician or certified psychologist certifies that such person, as a result of a mental disorder, presents a likelihood of serious harm to himself or herself or to others and that immediate detention is necessary to prevent such harm.

An evaluation facility may accept for an d m :

b e d s º o t n = .219455.1AIC March 18, 2021 (9:16pm) s k m e - 3 - e a n e d r e l u [ A d emergency-based admission any person when a physician or certified psychologist certifies that such person, as a result of a mental disorder, presents a likelihood of serious harm to himself or herself or to others and that immediate detention is necessary to prevent such harm.

[D.E.

] E.

Detention facilities shall be used as temporary shelter for such persons only in cases of extreme emergency for protective custody, and no person taken into custody under the provisions of the code shall remain in a detention facility longer than necessary and in no case longer than SB 285 Page 3 twenty-four hours.

(1) shall not be held in a cell with h prisoners;

g o t hr (2) shall not be identified on records used to g e i k record custody of prisoners;

h r i s (3) shall be provided adequate protection from h , t, possible suicide attempts;

and e u g e b l e e h (4) shall be treated with the respect and n d d i = = o h dignity due every citizen who is neither accused nor convicted l ] b ,d i a º e of a crime.

rF. i = r t e w d m a n o [E.

]The F.admitting physician or certified psychologist shall evaluate whether reasonable grounds exist to detain the proposed client for evaluation and treatment, and, if reasonable grounds are found, the proposed client shall be detained.

The admitting physician or certified d m :

b e d s º o t n = .219455.1AIC March 18, 2021 (9:16pm) s k m e - 4 - e a n e d r e l u [ A d psychologist shall evaluate whether reasonable grounds exist to detain the proposed client for evaluation and treatment, and, if reasonable grounds are found, the proposed client shall be detained.

[F.] G.

Upon arrival at an evaluation facility, the proposed client shall be informed orally and in writing by the evaluation facility of the purpose and possible consequences of the proceedings, the right to a hearing within seven days, the right to counsel and the right to communicate with an attorney and a mental health professional SB 285 Page 4 of the proposed client's own choosing and shall have the right to receive necessary and appropriate treatment.

HJCº [G.] H.

AWhen peacean officerindividual whois transportstransported apursuant h proposed client to an evaluation facility under the provisions g o t hr of this sectionsection: shall not require a court order to be g e i k reimbursed by the referring county."»HJC h r i s HJCºH.

When(1) ana individualpeace isofficer transportedwho pursuanttransports ha ,proposed t,client eto uan gevaluation tofacility thisshall section:be reimbursed by the referring county;

e(2) ban lemergency emedical etechnician hor (1)emergency amedical peaceresponder officer who transports a proposedperson npursuant d d i = = o h client to anthis evaluationsection facility shall be reimbursed by the lagency ]requesting bthe ,dtransport; i a º e r i = r referring county;