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Reply #10: Are you referring to the Mental Health Treatment Decisions Act he signed in 3/06? [View All]

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pinto Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-30-07 09:56 PM
Response to Reply #9
10. Are you referring to the Mental Health Treatment Decisions Act he signed in 3/06?
If so, it is not forced treatment.

It is based on an advanced directive signed by an individual, voluntarily assigning the right to make mental health care treatment decisions to a specific person should the individual become incapacitated.

The individual may choose specific conditions that have to occur before the right is assigned.

Incapacitation may only be determined on the agreement of two people - a health care professional and a mental health care professional.

Establishing an advanced directive does not constitute, in itself, any evidence of incapicty. It can only be enacted upon the agreement of those two health care professionals.

And, previous refusal of recommended treatment(s) does not indicate, in itself, any evidence of incapacity.

If the individual recovers, the right is terminated and returns to the individual.

The text of the NM law is here (pdf file):

http://legis.state.nm.us/Sessions/06%20Regular/final/HB...

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