A. Nothing in the Resident Abuse and Neglect Act shall be construed to preclude health care in accordance with the Uniform Health-Care Decisions Act [Chapter 24, Article 7A NMSA 1978], and it shall be an affirmative defense to any charge brought under the Resident Abuse and Neglect Act that the acts complained of were in accordance with the Uniform Health-Care Decisions Act. B. To establish an affirmative defense under Subsection A of this section, the person shall show substantial compliance with the provisions of the Uniform Health-Care Decisions Act. History: Laws 1990, ch. 55, § 8; 1997, ch. 168, § 11. ANNOTATIONSThe 1997 amendment, effective July 1, 1997, substituted 'Uniform Health-Care Decisions Act' for 'Right to Die Act' in the section heading and throughout the section and substituted 'health care' for 'withholding or withdrawing treatment' in Subsection A.
New Mexico Legal Code