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Current as of January 01, 2024 | Updated by Findlaw Staff
If an individual has a recent history of a mental health disorder or an intellectual disability that could cause impaired judgment with regard to end-of-life medical decision making, or if, in the opinion of the prescribing health care provider or consulting health care provider, an individual currently has a mental health disorder or an intellectual disability that may cause impaired judgment with regard to end-of-life medical decision making, the individual shall not be determined to have capacity to make end-of-life decisions until the:
A. health care provider refers the individual for evaluation by a mental health professional with the training and expertise to assess a person with such a disorder or disability; and
B. mental health professional determines the individual to have capacity to make end-of-life decisions after evaluating the individual during one or more visits with the individual.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 24. Health and Safety § 24-7C-4. Determining capacity - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-24-health-and-safety/nm-st-sect-24-7c-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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