HOUSE BILL 839

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Nick L. Salazar

AN ACT

RELATING TO CRIMES; AMENDING THE RESIDENT ABUSE AND NEGLECT ACT TO PROHIBIT ABUSE OF INDIVIDUALS IN RESIDENTS' OR CARE PROVIDERS' HOMES.

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

     Section 1. Section 30-47-3 NMSA 1978 (being Laws 1990, Chapter 55, Section 3) is amended to read:

     "30-47-3. DEFINITIONS.--As used in the Resident Abuse and Neglect Act:

          A. "abuse" means any act or failure to act performed intentionally, knowingly or recklessly that causes or is likely to cause harm to a resident, including:

                (1) physical contact that harms or is likely to harm a resident of a care facility;

                (2) inappropriate use of a physical restraint, isolation or medication that harms or is likely to harm a resident;

                (3) inappropriate use of a physical or chemical restraint, medication or isolation as punishment or in conflict with a physician's order;

                (4) medically inappropriate conduct that causes or is likely to cause physical harm to a resident;

                (5) medically inappropriate conduct that causes or is likely to cause great psychological harm to a resident; and

                (6) an unlawful act, a threat or menacing conduct directed toward a resident that results and might reasonably be expected to result in fear or emotional or mental distress to a resident;

          B. "care facility" means a hospital; skilled nursing facility; intermediate care facility; care facility for the mentally retarded; psychiatric facility; rehabilitation facility; kidney disease treatment center; home health agency; ambulatory surgical or out-patient facility; home for the aged or disabled; group home; adult foster care home; private residence that provides personal care, sheltered care or nursing care for one or more persons; a resident's or care provider's home in which personal care, sheltered care or nursing care is provided; adult day care center; boarding home; adult residential shelter care home; and any other health or resident care related facility or home, but does not include a care facility located at or performing services for any correctional facility;

          C. "department" means the human services department or its successor, contractor, employee or designee;

          D. "great psychological harm" means psychological harm that causes mental or emotional incapacitation for a prolonged period of time or that causes extreme behavioral change or severe physical symptoms that require psychological or psychiatric care;

          E. "great physical harm" means physical harm of a type that causes physical loss of a bodily member or organ or functional loss of a bodily member or organ for a prolonged period of time;

          F. "neglect" means, subject to the resident's right to refuse treatment and subject to the caregiver's right to exercise sound medical discretion, the grossly negligent:

                (1) failure to provide any treatment, service, care, medication or item that is necessary to maintain the health or safety of a resident;

                (2) failure to take any reasonable precaution that is necessary to prevent damage to the health or safety of a resident; or

                (3) failure to carry out a duty to supervise properly or control the provision of any treatment, care, good, service or medication necessary to maintain the health or safety of a resident;

          G. "person" means any individual, corporation, partnership, unincorporated association or other governmental or business entity;

          H. "physical harm" means an injury to the body that causes substantial pain or incapacitation; and

          I. "resident" means any person who resides in a care facility or who receives treatment from a care facility."

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