N.M. Stat. § 43-2-2
Definitions.
As used in the Detoxification Reform Act:
A. "alcohol-impaired person" means a person who uses alcoholic beverages to the
extent that the person's health and well-being are substantially impaired or endangered;
B. "authorized person" means a physician, public service officer or police officer;
C. "consistent with the least drastic means principle" means that the habilitation,
protective custody or treatment and the conditions of habilitation, protective custody or
treatment separately and in combination:
(1)
are no more harsh, hazardous or intrusive than necessary to achieve
acceptable treatment objectives or protection for the person committed; and
(2)
involve no restrictions on physical movement except as reasonably
necessary for the administration of treatment, for the security of the facility or for the
protection of the person committed or another from physical injury;
D. "department" means the department of health;
E. "detention center" means a city, county or other jail, the administration of which
agrees to accept intoxicated persons for protective custody; provided, however, that a
detention center is authorized to hold a person in protective custody pursuant to Section
43-2-8 NMSA 1978 but is not otherwise subject to the provisions of the Detoxification
Reform Act;
F. "drug-impaired person" means a person who uses drugs to the extent that the
person's health and well-being are substantially impaired or endangered;
G. "incapacitated person" means a person who, as a result of the use of alcohol or
drugs, is unconscious or has the person's judgment otherwise so impaired that the
person is incapable of realizing and making rational decisions;
H. "intoxicated person" means a person whose mental or physical functioning is
substantially impaired as a result of the use of alcohol or drugs;
I. "likely to inflict serious physical harm on another" means that it is more likely than
not that in the near future the person will inflict serious, unjustified bodily harm on
another person or commit a criminal sexual offense as evidenced by behavior causing,
attempting or threatening such harm, which behavior gives rise to a reasonable fear of
such harm from that person;
J. "likely to inflict serious physical harm on oneself" means that it is more likely than
not that in the near future the person will attempt to commit suicide or will cause serious
bodily harm to that person's self by violent or passive or other self-destructive means as
evidenced by behavior causing, attempting or threatening the infliction of serious bodily
harm to that person's self;
K. "protective custody" means confinement of an intoxicated person, for a period not
less than twelve hours or more than seventy-two hours in length and under conditions
consistent with the least drastic means principle;
L. "public service officer" means a civilian employee within a police department who
is authorized by the police department to transport intoxicated or incapacitated persons
to a treatment facility or detention center;
M. "treatment" means the broad range of emergency, outpatient, intermediate and
inpatient services and care, including protective custody, diagnostic evaluation, medical,
psychiatric, psychological and social service care, vocational rehabilitation and career
counseling, which may be extended to alcohol-impaired, drug-impaired and intoxicated
persons; and
N. "treatment facility" means:
(1)
an institution under the supervision of the department and approved by the
department for the care and treatment of alcohol-impaired persons or drug-impaired
persons;
(2)
a public institution approved by the department for the care and treatment
of alcohol-impaired persons or drug-impaired persons, but not specifically under the
supervision of the department; or
(3)
any other facility that provides any of the services specified in the
Detoxification Reform Act and is licensed by the department for those services.