SENATE BILL 142

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

George K. Muñoz

 

 

 

 

 

AN ACT

RELATING TO BEHAVIORAL HEALTH; REQUIRING RESIDENTIAL BEHAVIORAL HEALTH FACILITIES TO ALLOW PATIENTS THE OPPORTUNITY TO NOTIFY THE PATIENT'S FAMILY THAT THE PATIENT HAS BEEN ADMITTED TO THE FACILITY; PRESCRIBING PENALTIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] RESIDENTIAL BEHAVIORAL HEALTH FACILITIES--FAMILY NOTIFICATION--CIVIL PENALTIES.--

          A. A residential behavioral health facility shall not admit a patient for residential treatment without obtaining or providing evidence that the facility has attempted to obtain contact information for a family member of the patient. If the patient provides the contact information, the residential behavioral health facility shall make immediate efforts to provide the patient with the opportunity to notify the patient's family member that the patient has been admitted. The residential behavioral health facility shall continue to make efforts to provide the patient with the opportunity to notify the patient's family member until the patient's family member is notified that the patient has been admitted.

          B. A residential behavioral health facility that fails to comply with the requirements of this section shall be assessed a civil penalty not to exceed seven hundred fifty dollars ($750). For any subsequent violation of this section, the residential behavioral health facility shall be assessed a civil penalty not to exceed one thousand dollars ($1,000).

          C. For the purposes of this section, "residential behavioral health facility" means a licensed health facility that provides residential treatment to patients with behavioral health issues.

- 2 -