AN ACT

RELATING TO STATE HEALTH INSTITUTIONS; CHANGING THE NAME OF THE NEW MEXICO STATE HOSPITAL TO THE NEW MEXICO BEHAVIORAL HEALTH INSTITUTE AT LAS VEGAS.

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

     Section 1. Section 6-13-2 NMSA 1978 (being Laws 1949, Chapter 121, Section 1) is amended to read:

     "6-13-2. STATE INSTITUTIONS.-- The state institutions, within the meaning of Chapter 6, Article 13 NMSA 1978, are the university of New Mexico, the New Mexico state university, the New Mexico institute of mining and technology, the New Mexico military institute, the New Mexico highlands university, the western New Mexico university, the northern New Mexico state school, the New Mexico school for the deaf, the New Mexico school for the blind and visually impaired, the eastern New Mexico university, the Los Lunas medical center, the penitentiary of New Mexico, the New Mexico behavioral health institute at Las Vegas, the New Mexico boys' school and the miners' hospital."

     Section 2. Section 19-1-17 NMSA 1978 (being Laws 1917, Chapter 115, Section 1) is amended to read:

     "19-1-17. PERMANENT, INCOME AND CURRENT FUNDS--CREATING DEPOSITS.--

          A. The following funds are created.

          B. To the credit of these funds, in the respective proportions to which they are by law entitled, all money derived from state lands shall be deposited by the commissioner with the state treasurer, as nearly as possible, on the first day of each calendar month. The commissioner shall keep an accurate record of all such deposits. The funds are:

                (1) common school current fund;

                (2) common school permanent fund;

                (3) university income fund;

                (4) university permanent fund;

                (5) university saline income fund;

                (6) New Mexico state university income fund;

                (7) New Mexico state university permanent fund;

                (8) western New Mexico university income fund;

                (9) western New Mexico university permanent fund;

                (10) New Mexico highlands university income fund;

                (11) New Mexico highlands university permanent fund;

                (12) northern New Mexico state school income fund;

                (13) northern New Mexico state school permanent fund;

                (14) eastern New Mexico university income fund;

                (15) eastern New Mexico university permanent fund;

                (16) New Mexico institute of mining and technology income fund;

                (17) New Mexico institute of mining and technology permanent fund;

                (18) New Mexico military institute income fund;

                (19) New Mexico military institute permanent fund;

                (20) New Mexico boys' school income fund;

                (21) New Mexico boys' school permanent fund;

                (22) miners' hospital income fund;

                (23) miners' hospital permanent fund;

                (24) New Mexico behavioral health institute at Las Vegas income fund;

                (25) New Mexico behavioral health institute at Las Vegas permanent fund;

                (26) penitentiary income fund;

                (27) penitentiary permanent fund;

                (28) state charitable, penal and reformatory institutions income fund;

                (29) state charitable, penal and reformatory institutions permanent fund;

to be equally distributed among the institutions as defined in Article 14, Section 1 of the constitution of New Mexico;

                (30) New Mexico school for the blind and visually impaired income fund;

                (31) New Mexico school for the blind and visually impaired permanent fund;

                (32) New Mexico school for the deaf income fund;

                (33) New Mexico school for the deaf permanent fund;

                (34) permanent reservoirs for irrigation purposes income fund;

                (35) permanent reservoirs for irrigation purposes permanent fund;

                (36) improvement of Rio Grande income fund;

                (37) improvement of Rio Grande permanent fund;

                (38) public buildings at capital income fund;

                (39) public buildings at capital permanent fund;

                (40) Santa Fe and Grant county railroad bond fund, to be applied as provided by Article 9, Section 4 of the constitution of New Mexico; and

                (41) state lands maintenance fund."

     Section 3. Section 22-1-2 NMSA 1978 (being Laws 2003, Chapter 153, Section 3, as amended) is amended to read:

     "22-1-2. DEFINITIONS.--As used in the Public School Code:

          A. "adequate yearly progress" means the measure adopted by the department based on federal requirements to assess the progress that a student, a public school or school district or the state makes toward improving student achievement;

          B. "commission" means the public education commission;

          C. "department" means the public education department;

          D. "forty-day report" means the report of qualified student membership of each school district and of those eligible to be qualified students but enrolled in a private school or a home school for the first forty days of school;

          E. "home school" means the operation by the parent of a school-age person of a home study program of instruction that provides a basic academic educational program, including reading, language arts, mathematics, social studies and science;

          F. "instructional support provider" means a person who is employed to support the instructional program of a school district, including educational assistant, school counselor, social worker, school nurse, speech-language pathologist, psychologist, physical therapist, occupational therapist, recreational therapist, interpreter for the deaf and diagnostician;

          G. "licensed school employee" means teachers, school administrators and instructional support providers;

          H. "local school board" means the policy-setting body of a school district;

          I. "local superintendent" means the chief executive officer of a school district;

          J. "parent" includes a guardian or other person having custody and control of a school-age person;

          K. "private school" means a school, other than a home school, that offers on-site programs of instruction and that is not under the control, supervision or management of a local school board;

          L. "public school" means that part of a school district that is a single attendance center in which instruction is offered by one or more teachers and is discernible as a building or group of buildings generally recognized as either an elementary, middle, junior high or high school or any combination of those and includes a charter school;

          M. "school" means a supervised program of instruction designed to educate a student in a particular place, manner and subject area;

          N. "school administrator" means a person licensed to administer in a school district and includes school principals and central district administrators;

          O. "school-age person" means a person who is at least five years of age prior to 12:01 a.m. on September 1 of the school year and who has not received a high school diploma or its equivalent. A maximum age of twenty-one shall be used for a person who is classified as special education membership as defined in Section 22-8-2 NMSA 1978 or as a resident of a state institution;

          P. "school building" means a public school, an administration building and related school structures or facilities, including teacher housing, that is owned, acquired or constructed by the school district as necessary to carry out the functions of the school district;

          Q. "school bus private owner" means a person, other than a school district, the department, the state or any other political subdivision of the state, that owns a school bus;

          R. "school district" means an area of land established as a political subdivision of the state for the administration of public schools and segregated geographically for taxation and bonding purposes;

          S. "school employee" includes licensed and nonlicensed employees of a school district;

          T. "school principal" means the chief instructional leader and administrative head of a public school;

          U. "school year" means the total number of contract days offered by public schools in a school district during a period of twelve consecutive months;

          V. "secretary" means the secretary of public education;

          W. "state agency" or "state institution" means the New Mexico military institute, New Mexico school for the blind and visually impaired, New Mexico school for the deaf, New Mexico boys' school, New Mexico girls' school, New Mexico youth diagnostic and development center, Sequoyah adolescent treatment center, Carrie Tingley crippled children's hospital, New Mexico behavioral health institute at Las Vegas and any other state agency responsible for educating resident children;

          X. "state educational institution" means an institution enumerated in Article 12, Section 11 of the constitution of New Mexico;

          Y. "substitute teacher" means a person who holds a certificate to substitute for a teacher in the classroom;

          Z. "teacher" means a person who holds a level one, two or three-A license and whose primary duty is classroom instruction or the supervision, below the school principal level, of an instructional program;

          AA. "certified school instructor" means a teacher or instructional support provider; and

          BB. "certified school employee" or "certified school personnel" means a licensed school employee."

     Section 4. Section 23-1-12 NMSA 1978 (being Laws 1977, Chapter 253, Section 42) is amended to read:

     "23-1-12. TRANSFER OF EXISTING INSTITUTIONS.--

          A. All property, appropriations and cash balances now held in the name of the following institutional facilities, or by any state agency for the indicated facilities, the use of which is not limited by the terms of any trust or constitutional provision, are transferred to the department of health:

                (1) New Mexico behavioral health institute at Las Vegas;

                (2) Los Lunas medical center;

                (3) Fort Bayard medical center veterans' unit;

                (4) Villa Solano;

                (5) Fort Stanton hospital;

                (6) Turquoise lodge; and

                (7) Pecos lodge.

          B. The secretary of health may delegate the authority for the supervision and operation of any of the institutional facilities transferred under Subsection A of this section to any of the organizational units within the department of health."

     Section 5. Section 23-1-13 NMSA 1978 (being Laws 1970, Chapter 45, Section 1) is amended to read:

     "23-1-13. NEW MEDICAL CENTER NAMES.--

          A. Henceforth, the New Mexico state hospital at Las Vegas and the meadows home for the aged will be known as the "New Mexico behavioral health institute at Las Vegas". This center may offer general hospital care, extended care, intermediate care, skilled nursing services and out-patient care, as well as services now required by statute.

          B. Henceforth, the Los Lunas hospital and training school at Los Lunas will be known as the "Los Lunas medical center". This center may offer general hospital care, extended care, skilled nursing services and out-patient care, as well as services now required by statute.

          C. Henceforth, the Fort Bayard hospital will be known as the "Fort Bayard medical center". This center may offer general hospital care, extended care, skilled nursing services and out-patient care, as well as services now required by statute."

     Section 6. Section 23-5-1 NMSA 1978 (being Laws 1959, Chapter 360, Section 1) is amended to read:

     "23-5-1. OBJECT.--The object of the New Mexico behavioral health institute at Las Vegas is the observation, diagnosis, treatment, care and maintenance of the mentally ill."

     Section 7. Section 30-9-10 NMSA 1978 (being Laws 1975, Chapter 109, Section 1, as amended) is amended to read:

     "30-9-10. DEFINITIONS.--As used in Sections 30-9-10 through 30-9-16 NMSA 1978:

          A. "force or coercion" means:

                (1) the use of physical force or physical violence;

                (2) the use of threats to use physical violence or physical force against the victim or another when the victim believes that there is a present ability to execute the threats;

                (3) the use of threats, including threats of physical punishment, kidnapping, extortion or retaliation directed against the victim or another when the victim believes that there is an ability to execute the threats;

                (4) the perpetration of criminal sexual penetration or criminal sexual contact when the perpetrator knows or has reason to know that the victim is unconscious, asleep or otherwise physically helpless or suffers from a mental condition that renders the victim incapable of understanding the nature or consequences of the act; or

                (5) the perpetration of criminal sexual penetration or criminal sexual contact by a psychotherapist on his patient, with or without the patient's consent, during the course of psychotherapy or within a period of one year following the termination of psychotherapy.

     Physical or verbal resistance of the victim is not an element of force or coercion;

          B. "great mental anguish" means psychological or emotional damage that requires psychiatric or psychological treatment or care, either on an inpatient or outpatient basis, and is characterized by extreme behavioral change or severe physical symptoms;

          C. "patient" means a person who seeks or obtains psychotherapy;

          D. "personal injury" means bodily injury to a lesser degree than great bodily harm and includes, but is not limited to, disfigurement, mental anguish, chronic or recurrent pain, pregnancy or disease or injury to a sexual or reproductive organ;

          E. "position of authority" means that position occupied by a parent, relative, household member, teacher, employer or other person who, by reason of that position, is able to exercise undue influence over a child;

          F. "psychotherapist" means a person who is or purports to be a:

                (1) licensed physician who practices psychotherapy;

                (2) licensed psychologist;

                (3) licensed social worker;

                (4) licensed nurse;

                (5) counselor;

                (6) substance abuse counselor;

                (7) psychiatric technician;

                (8) mental health worker;

                (9) marriage and family therapist;

                (10) hypnotherapist; or

                (11) minister, priest, rabbi or other similar functionary of a religious organization acting in his role as a pastoral counselor;

          G. "psychotherapy" means professional treatment or assessment of a mental or an emotional illness, symptom or condition;

          H. "school" means any public or private school, including the New Mexico military institute, the New Mexico school for the blind and visually impaired, the New Mexico school for the deaf, the New Mexico boys' school, the New Mexico youth diagnostic and development center, the Los Lunas medical center, the Fort Stanton hospital, the New Mexico behavioral health institute at Las Vegas and the Carrie Tingley crippled children's hospital, that offers a program of instruction designed to educate a person in a particular place, manner and subject area. "School" does not include a college or university; and

          I. "spouse" means a legal husband or wife, unless the couple is living apart or either husband or wife has filed for separate maintenance or divorce."

     Section 8. Section 31-14-6 NMSA 1978 (being Laws 1929, Chapter 69, Section 6) is amended to read:

     "31-14-6. ORDER OF COURT COMMITTING INSANE PERSON TO HOSPITAL.--The court shall make and cause to be entered an order reciting the fact of such inquiry and the result thereof. When it is found that the defendant is insane, the order shall direct that the defendant be taken to the New Mexico behavioral health institute at Las Vegas, and there kept in safe confinement until his reason is restored."

     Section 9. Section 31-14-7 NMSA 1978 (being Laws 1929, Chapter 69, Section 7) is amended to read:

     "31-14-7. DEFENDANT FOUND TO BE SANE--DUTY OF WARDEN.--If it is found that the defendant is sane, the warden shall proceed to execute the judgment as specified in the warrant. If it is found that the defendant is insane, the warden shall suspend the execution and transmit a certified copy of the order mentioned in Section 31-14-6 NMSA 1978 to the governor, and deliver the defendant, together with a certified copy of such order, to the superintendent of the New Mexico behavioral health institute at Las Vegas. When the defendant recovers his reason, the superintendent of the institute shall certify that fact to the governor who shall thereupon issue to the warden his warrant, appointing a day for the execution of the judgment."

     Section 10. Section 31-21-11 NMSA 1978 (being Laws 1959, Chapter 30, Section 1, as amended) is amended to read:

     "31-21-11. PAROLE TO DETAINERS TO SERVE ANOTHER SENTENCE OR FOR HOSPITALIZATION AND TREATMENT.--Prisoners who are otherwise eligible for parole may be paroled to detainers to serve another sentence within the penitentiary or to the forensic treatment or alcohol treatment unit of the New Mexico behavioral health institute at Las Vegas or to any other specific hospital or residential treatment program determined necessary by the board."

     Section 11. Section 43-1-3 NMSA 1978 (being Laws 1977, Chapter 279, Section 2, as amended) is amended to read:

     "43-1-3. DEFINITIONS.--As used in the Mental Health and Developmental Disabilities Code:

          A. "aversive stimuli" means anything which, 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 which are not used for purposes of punishment;

          B. "client" means any 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 his parent or guardian or by any court order;

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

          D. "consistent with the least drastic means principle" means that the habilitation or treatment and the conditions of habilitation or treatment for the client, separately and in combination:

                (1) are no more harsh, hazardous or intrusive than necessary to achieve acceptable treatment objectives for the client;

                (2) involve no restrictions on physical movement and no requirement for residential care except as 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 closest to the client's place of residence;

          E. "convulsive treatment" means any form of mental health treatment which depends upon creation of a convulsion by any means, including but not limited to electroconvulsive treatment and insulin coma treatment;

          F. "court" means a district court of New Mexico;

          G. "department" or "division" means the behavioral health services division of the department of health;

          H. "developmental disability" means a disability of a person which is attributable to mental retardation, cerebral palsy, autism or neurological dysfunction which requires treatment or habilitation similar to that provided to persons with mental retardation;

          I. "evaluation facility" means a community mental health or developmental disability program, a medical facility having psychiatric or developmental disability services available, including the New Mexico behavioral health institute at Las Vegas, the Los Lunas medical center or, if none of the foregoing is reasonably available or appropriate, the office of a licensed physician or a certified psychologist, any of which shall be capable of performing a mental status examination adequate to determine the need for involuntary treatment;

          J. "experimental treatment" means any mental health or developmental disabilities treatment which 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;

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

          L. "habilitation" means the process by which professional persons and their staff assist the developmentally disabled client in acquiring and maintaining those skills and behaviors which enable him to cope more effectively with the demands of his own person and of his environment and to raise the level of his physical, mental and social efficiency. "Habilitation" includes but is not limited to programs of formal, structured education and treatment;

          M. "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 himself by violent or other self-destructive means, including but not limited to grave passive neglect;

          N. "likelihood of serious harm to others" means that it is more likely than not that in the near future the 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;

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

          P. "mental health or developmental disabilities professional" means a physician or other professional who by training or experience is qualified to work with individuals with mental disorders or developmental disabilities;

          Q. "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 department of health, if such privileges are required;

          R. "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:

                (1) modification or control of thoughts, feelings, actions or behavior rather than the treatment of a known and diagnosed physical disease of the brain;

                (2) treatment of abnormal brain function or normal brain tissue in order to control thoughts, feelings, actions or behavior; or

                (3) 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.

     "Psychosurgery" does not include prefrontal sonic treatment in which there is no destruction of brain tissue;

          S. "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, institution or supervisory residence or nursing home when the individual resides on the premises; and

          T. "treatment" means any effort to accomplish a significant change in the mental or emotional condition or behavior of the client."