SENATE BILL 43
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Gerald Ortiz y Pino
FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
AN ACT
RELATING TO HEALTH CARE; AMENDING THE ADOLESCENT TREATMENT HOSPITAL ACT TO TRANSFER THE ADMINISTRATION OF THE ADOLESCENT TREATMENT HOSPITAL AND THE ADOLESCENT RESIDENTIAL TREATMENT FACILITY TO THE BOARD OF REGENTS OF THE UNIVERSITY OF NEW MEXICO; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 23-9-2 NMSA 1978 (being Laws 1992, Chapter 60, Section 2, as amended) is amended to read:
"23-9-2. DEFINITIONS.--As used in the Adolescent Treatment Hospital Act:
A. "adolescent" means a person aged thirteen through twenty;
B. "adolescent treatment hospital" means the hospital created pursuant to the Adolescent Treatment Hospital Act;
C. "board" means the adolescent treatment hospital governing board;
D. "adolescent residential treatment facility" means the facility created pursuant to the Adolescent Treatment Hospital Act; and
E. "coordinated treatment panel" means the group made up of trained health and mental health professionals who review and approve psychosocial treatment recommendations, develop psychosocial treatment alternatives, track costs and cost-effectiveness and evaluate outcomes [and
F. "secretary" means the secretary of health]."
SECTION 2. Section 23-9-5 NMSA 1978 (being Laws 1992, Chapter 60, Section 5) is amended to read:
"23-9-5. ADOLESCENT TREATMENT HOSPITAL GOVERNING BOARD--
CREATION--ORGANIZATION--DUTIES.--
A. There is created the "adolescent treatment hospital governing board" consisting of five members appointed by the [secretary] board of regents of the university of New Mexico. The members shall serve at the pleasure of the [secretary] board of regents of the university of New Mexico and shall be familiar with the treatment and care of violent adolescents who are mentally disordered.
B. The board shall advise the [secretary] board of regents of the university of New Mexico on professional practices, community concerns and policies and procedures related to the treatment of adolescents admitted to the adolescent treatment hospital.
C. The board, in consultation with the [secretary] board of regents of the university of New Mexico, shall make and adopt such reasonable rules and regulations as may be necessary or convenient to carry out its duties and to administer the provisions of the Adolescent Treatment Hospital Act."
SECTION 3. Section 23-9-6 NMSA 1978 (being Laws 1992, Chapter 60, Section 6, as amended) is amended to read:
"23-9-6. HOSPITAL ADMISSIONS--TREATMENT.--
A. Adolescents shall be admitted to the adolescent treatment hospital and adolescent residential treatment facility only in accordance with the provisions of the Mental Health and Developmental Disabilities Code or the Children's Mental Health and Developmental Disabilities Act. The coordinated treatment panel may make recommendations on admissions.
B. The [secretary] board of regents of the university of New Mexico shall, in consultation with the board, define admittance criteria; provided that the criteria [may] shall not exclude adolescents in the custody of [other agencies] any state agency who might otherwise meet the criteria for services provided through the adolescent treatment hospital.
C. The Mental [Heath] Health and Developmental Disabilities Code or the Children's Mental Health and Developmental Disabilities Act shall apply to inpatient treatment."
SECTION 4. Section 23-9-7 NMSA 1978 (being Laws 1992, Chapter 60, Section 7) is amended to read:
"23-9-7. ADOLESCENT TREATMENT HOSPITAL AND ADOLESCENT RESIDENTIAL TREATMENT FACILITY ADMINISTRATION.--
A. The adolescent treatment hospital and adolescent residential treatment facility shall be under the administration [and control] of the [department of health] board of regents of the university of New Mexico. The [secretary of health] board of regents of the university of New Mexico shall ensure that the adolescent treatment hospital becomes accredited by an appropriate hospital accreditation organization within the limits of its appropriations and, notwithstanding that accreditation, shall also seek and maintain licensure under the appropriate state standards.
B. The adolescent treatment hospital and adolescent residential treatment facility may establish and maintain administrative units and services for administration, medical and mental health care treatment, nursing, dietetics, education, recreation, social work and related services as may be necessary to carry out the purposes for which the adolescent treatment hospital and adolescent residential treatment facility are established.
C. Employees of the adolescent treatment hospital and adolescent residential treatment facility shall be subject to the [State] Personnel Act.
D. The adolescent treatment hospital and adolescent residential treatment facility may develop and implement a reasonable schedule of fees for adolescents not in the custody of the state and not otherwise eligible for services paid for or supported by the state. All fee payments shall be [deposited with the state treasurer and credited to the general fund] paid over to the board of regents of the university of New Mexico to be used for the purpose of operating the adolescent treatment hospital and the adolescent residential treatment facility.
E. The adolescent treatment hospital and adolescent residential treatment facility may accept donations, gifts or bequests of land, money or things of value for the establishment, maintenance and advancement of the adolescent treatment hospital and adolescent residential treatment facility. Title to lands acquired shall be vested in the state. Donations, gifts and bequests of money shall be deposited to the credit of the adolescent treatment hospital and adolescent residential treatment facility if required as a condition of the donation, gift or bequest."
SECTION 5. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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