NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

The LFC is only preparing FIRs on bills referred to the Senate Finance Committee, the Senate Ways and Means Committee, the House Appropriations and Finance Committee and the House Taxation and Revenue Committee. The chief clerks are responsible for preparing and issuing all other bill analyses.

Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Room 416 of the State Capitol Building.

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to SJM25, SB665, and HB418

SOURCES OF INFORMATION

LFC Files

Office of the Attorney General

SUMMARY

Synopsis of Bill

This bill provides a general fund appropriation of $150.0 to the Office of the Attorney General to contract for treatment guardian services for the mentally ill and the developmentally disabled.

Significant Issues

Section 43-1-15 NMSA 1978 specifies that a treatment guardian must be appointed to approve the administration of certain treatments to a mentally ill person if that person is not capable of giving informed consent.

The Office of the Attorney General notes the following issue:

Treatment guardians usually are family members or unpaid trained volunteers, however, there are not enough treatment guardians to serve the population needing treatment guardians. The treatment guardian assumes considerable responsibility to consult with the person and the health care professionals and to understand the various medical and treatment options that are available and appropriate to the person's condition. The treatment guardian is appointed for up to one year and is available in emergency situations involving the person. If sufficient numbers of treatment guardians are not available, the care of mentally ill individuals is delayed and their overall health is jeopardized. Many people are hospitalized until a treatment guardian is named. Many people enter the criminal justice system because a treatment guardian is not available to make the decision to administer needed treatment that could have avoided some of the dangerous behavior exhibited by the person. Funding is needed to ensure treatment guardianships are available for the many persons incapable of giving consent to treatments that could help.

FISCAL IMPLICATIONS

This bill makes a general fund appropriation of $150.0 to the Office of the Attorney General for expenditure in FY2000 for the purpose stated above. Unexpended or unencumbered balances remaining at the end of FY2000 revert to the general fund.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

For FY99, the budget for the Office of the Attorney General includes $1,266.7 in contractual services to the guardianship services program which covers only plenary guardianships and representative payee services, not treatment guardians. The appropriation bills for FY2000 currently being proposed by both the House and Appropriations and Finance Committee and the Senate Finance Committee includes $1,266.7 in general fund for this same purpose; however, it's possible this may not cover all the individuals seeking the services for plenary and representative services and certainly does not cover treatment guardians.

Senate Bill 665 proposes to establish the Office of Guardianship Services within the State Treasurer's Office.

JMG/gm