N.M. Stat. § 43-1B-8
Disposition.
A. After a hearing meeting all requirements of Section 6 [43-1B-6 NMSA 1978] of
the Assisted Outpatient Treatment Act, receipt of a proposed treatment plan meeting all
requirements of Section 7 [43-1B-7 NMSA 1978] of that act and consideration of all
relevant evidence, the court may order the respondent to receive assisted outpatient
treatment if it finds by clear and convincing evidence that the respondent meets all
criteria set forth in Section 3 [43-1B-3 NMSA 1978] of the Assisted Outpatient
Treatment Act.
B. The court's order shall:
(1)
provide for a period of outpatient treatment not to exceed one year;
(2)
specify the assisted outpatient treatment services that the respondent is to
receive; and
(3)
direct one or more specified providers to provide or arrange for all assisted
outpatient treatment for the patient throughout the period of the order.
C. If the court order includes medication, it shall state the type or types of
medication and the dosage range found to be necessary, based on the treatment plan
and evidence presented. The court may order the respondent to self-administer
medication or accept the administration of such medication by a specified provider. In
no event shall the court require or authorize the use of physical force or restraints to
administer medication to the respondent.
D. The court may not order treatment that has not been recommended by the
qualified professional and included in the written proposed treatment plan, nor direct the
participation of a provider that has not been specified in such plan.
E. Nothing in the Assisted Outpatient Treatment Act, nor in the court's order, shall
require any of the following to make payment for any services or items not otherwise a
covered benefit under the terms of the applicable program or contract of insurance:
(1)
a health maintenance organization;
(2)
a managed health care plan;
(3)
a health insurance company;
(4)
a group health plan that provides medical care to employees or their
dependents under the federal Employee Retirement Income Security Act of 1974
directly or through insurance, reimbursement or other means; or
(5)
the state medicaid program.
F. If the court has received testimony from a surrogate decision-maker or a copy of
an advance directive for mental health treatment executed by the respondent, the
treatment order shall not conflict with the preferences expressed in such testimony or
advance directive without a showing of good cause.