April 5, 2001

SENATE EXECUTIVE MESSAGE NO. 48

The Honorable Richard Romero and

Members of the Senate

Executive-Legislative Building

Santa Fe, New Mexico 87503

Honorable President and Members of the Senate:

I have this day VETOED and am returning SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 490, as amended, enacted by the Forty-Fifth Legislature, First Session, 2001.

This legislation amends the state Uniform Health Care Decisions Act to expand the duties of a surrogate health care decision maker to determine the best interest of the incapacitated patient before making critical health care decisions. Although I am inclined to look favorably upon the purpose of this bill, the legislation as passed fails to provide legal protection to physicians who rely in good faith on the decisions of a surrogate. If caregivers are not provided with such a shield, then passage of this bill could lead to increased litigation.

Sincerely,

Gary E. Johnson

Governor

RECEIVED FROM THE OFFICE OF THE GOVERNOR:

Time: _____________________ By:_____________________________

Secretary of State

Date ______________________

Time:______________________

Date_______________________ By:_____________________________

Chief Clerk of the Senate Sem48sb490v