FORTY-SEVENTH LEGISLATUREHB 174/a

SECOND SESSION, 2006

February 15, 2006

Madam President:

    Your JUDICIARY COMMITTEE, to whom has been referred

       HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 174

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1. On page 2, between lines 18 and 19, insert the following new subsection:

         "G. "physician" means a medical doctor licensed in New Mexico who by training or experience is qualified to work with individuals with mental disorders;".

    2. Reletter the succeeding subsections accordingly.

    3. On page 5, line 5, after "shall" strike the remainder of the line and strike all of lines 6 through 8 and insert in lieu thereof "permit an order to be entered authorizing assisted outpatient treatment regarding a person with a court-appointed surrogate decision-maker, including a guardian or treatment guardian, who has already been authorized by a court to make substitute decisions regarding the person's mental health treatment.".

    4. On page 14, line 3, after the period insert "In the event the physician or provider determines that the patient has attained the capacity to consent to a change in the person's treatment, the physician or provider shall immediately notify the court that the patient is no longer incapacitated and seek an order vacating the court order compelling the patient to undergo involuntary treatment.".

                               Respectfully submitted,

                               __________________________________

                               Cisco McSorley, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 7 For 2 Against

Yes:     7

No:      Grubesic, Lopez

Excused: Martinez

Absent:  None

HB0174JU1                                                  .162595.1