HOUSE BILL 348
54th legislature - STATE OF NEW MEXICO - first session, 2019
James R.J. Strickler and Gregg Schmedes and Mary Kay Papen
RELATING TO BEHAVIORAL HEALTH; AMENDING SECTIONS OF THE MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES CODE TO PROVIDE FOR THE DETENTION AND TRANSPORTATION OF CERTAIN PERSONS FOR EMERGENCY MENTAL HEALTH EVALUATION AND TREATMENT AND TO ALLOW ENTRY INTO STRUCTURES IN CERTAIN CIRCUMSTANCES TO PROVIDE FOR TRANSPORT OF PERSONS FOR EVALUATION AND CARE; PROVIDING FOR INCREASED CONFIDENTIALITY OF BEHAVIORAL HEALTH MATTERS; PROVIDING FOR PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 43-1-3 NMSA 1978 (being Laws 1977, Chapter 279, Section 2, as amended) is amended to read:
"43-1-3. DEFINITIONS.--As used in the Mental Health and Developmental Disabilities Code:
A. "admitting professional" means a physician or a psychologist who has been granted admitting privileges at a hospital licensed by the department of health;
B. "authorized professional" means a:
(3) nurse having the authority to prescribe psychotropic medication;
(4) qualified mental health professional who is affiliated with a community mental health center or core service agency; or
(5) peace officer;
[A.] C. "aversive stimuli" means anything that, because it is believed to be unreasonably unpleasant, uncomfortable or distasteful to [the] a client, is administered or done to the client for the purpose of reducing the frequency of a behavior, but does not include verbal therapies, physical restrictions to prevent imminent harm to self or others or psychotropic medications that are not used for purposes of punishment;
[B.] D. "client" means [any patient] a person who:
(1) is requesting or receiving or who may be in need of mental health services; [or any person]
(2) is requesting or receiving developmental disabilities services; [or who]
(3) is present in a mental health [or developmental disabilities] facility for the purpose of receiving [such] mental health services; [or who]
(4) has been placed in a mental health [or developmental disabilities] facility by the person's parent or guardian or [by any] pursuant to a court order;
(5) is the subject of an application for an emergency order pursuant to Section 43-1-10 NMSA 1978; or
(6) is detained and transported, or sought to be detained and transported, for emergency mental health evaluation and treatment pursuant to Section 43-1-10 NMSA 1978;
[C.] E. "code" means the Mental Health and Developmental Disabilities Code;
[D.] F. "consistent with the least drastic means principle" means that the habilitation or treatment and the conditions of habilitation or treatment for [the] a client, separately and in combination:
(1) are no more harsh, hazardous or intrusive than necessary to achieve acceptable treatment objectives for the client;
(2) involve no restrictions on physical movement and no requirement for residential care except as reasonably necessary for the administration of treatment or for the protection of the client or others from physical injury; and
(3) are conducted at the suitable available facility closest to the client's place of residence;
[E.] G. "convulsive treatment" means any form of mental health treatment that depends upon creation of a convulsion by any means, including [but not limited to] electroconvulsive treatment and insulin coma treatment;
[F.] H. "court" means a district court of New Mexico;
I. "crisis intervention" means the provision of assistance:
(1) using techniques to prevent harm in a situation involving a person who appears to have a mental disorder and who may be in distress; and
(2) by a peace officer or a team of individuals, which peace officer or team is trained in these techniques;
[G.] J. "department" or "division" means the behavioral health services division of the human services department;
K. "developmental disabilities professional" means a physician or other professional who by training or experience is qualified to work with persons with a developmental disability;
[H.] L. "developmental disability" means [a disability of a person that is attributable to mental retardation, cerebral palsy, autism or neurological dysfunction that requires treatment or habilitation similar to that provided to persons with mental retardation]:
(1) in a person who is at least nine years of age, a severe, chronic disability of the person, which disability:
(a) is attributable to a mental or physical impairment or combination of mental and physical impairments;
(b) is manifested before the person has reached twenty-two years of age;
(c) is likely to continue indefinitely;
(d) results in substantial functional limitations in three or more of the following areas of major life activity: 1) self-care; 2) receptive and expressive language; 3) learning; 4) mobility; 5) self-direction; 6) capacity for independent living; or 7) economic self- sufficiency; and
(e) reflects the person's need for a combination and sequence of special, interdisciplinary or generic services; individualized supports; or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated; or
(2) in a person under nine years of age, a condition that:
(a) is a substantial developmental delay or specific congenital or acquired condition;
(b) meets three or more of the criteria described in Items 1) through 7) of Subparagraph (d) of Paragraph (1) of this subsection; and
(c) without services and supports, has a high probability of meeting three or more of the criteria described in Items 1) through 7) of Subparagraph (d) of Paragraph (1) of this subsection later in life;
[I.] M. "evaluation facility" means a community mental health or developmental disability program or a medical facility that:
(1) has psychiatric or developmental disability services available, including the New Mexico behavioral health institute at Las Vegas, the Los Lunas medical center or, if none of the foregoing is reasonably available or appropriate, the office of a physician or a [certified] psychologist; and [that]
(2) is capable of performing a mental status examination adequate to determine the need for involuntary treatment;
[J.] N. "experimental treatment" means any mental health or developmental disabilities treatment that presents significant risk of physical harm, but does not include accepted treatment used in competent practice of medicine and psychology and supported by scientifically acceptable studies;
[K.] O. "grave passive neglect" means failure to provide for basic personal or medical needs or for one's own safety to such an extent that it is more likely than not that serious bodily harm will result in the near future;
[L.] P. "habilitation" means the process by which professional persons and their staff assist a client with a developmental disability in acquiring and maintaining those skills and behaviors that enable the [person] client to cope more effectively with the demands of the [person's] client's self and environment and to raise the level of the [person's] client's physical, mental and social efficiency. "Habilitation" includes [but is not limited to] programs of formal, structured education and treatment;
[M.] Q. "likelihood of serious harm to oneself" means that it is more likely than not that in the near future [the person] a client will attempt to commit suicide or will cause serious bodily harm to the [person's] client's self by violent or other self-destructive means, including grave passive neglect;
[N.] R. "likelihood of serious harm to others" means that it is more likely than not that in the near future a [person] client 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 the [person] client;
[O.] S. "mental disorder" means substantial disorder of a person's emotional processes, thought or cognition that grossly impairs judgment, behavior or capacity to recognize reality, but does not mean developmental disability;
[P.] T. "mental health [or developmental disabilities] professional" means a physician or other licensed professional who by training or experience is qualified to work with [persons] clients with a mental disorder; [or a developmental disability;
Q. "physician" or "certified psychologist", when used for the purpose of hospital admittance or discharge, means a physician or certified psychologist who has been granted admitting privileges at a hospital licensed by the department of health, if such privileges are required;
R.] U. "protected health information" means individually identifiable health information transmitted by or maintained in an electronic form or any other form or media that relates to the:
(1) past, present or future physical or mental health or condition of [an individual] a person;
(2) provision of health care to [an individual] a person; or
(3) payment for the provision of health care to [an individual] a person;
[S.] V. "psychosurgery":
(1) means those operations currently referred to as lobotomy, psychiatric surgery and behavioral surgery and all other forms of brain surgery if the surgery is performed for the purpose of the following:
(a) modification or control of thoughts, feelings, actions or behavior rather than the treatment of a known and diagnosed physical disease of the brain;
(b) treatment of abnormal brain function or normal brain tissue in order to control thoughts, feelings, actions or behavior; or
(c) treatment of abnormal brain function or abnormal brain tissue in order to modify thoughts, feelings, actions or behavior when the abnormality is not an established cause for those thoughts, feelings, actions or behavior; and
(2) does not include prefrontal sonic treatment in which there is no destruction of brain tissue;
[T.] W. "qualified mental health professional" [licensed for independent practice] means any of the following professionals who are licensed for independent practice, who by training and experience are qualified to work with clients with a mental disorder:
(1) an independent social worker;
(2) a licensed professional clinical mental health counselor;
(3) a marriage and family therapist;
(4) a certified nurse practitioner; or
(5) a clinical nurse specialist with a specialty in mental health; [all of whom by training and experience are qualified to work with persons with a mental disorder;
U.] X. "residential treatment or habilitation program" means diagnosis, evaluation, care, treatment or habilitation rendered inside or on the premises of a mental health or developmental disabilities facility, hospital, clinic, institution or supervisory residence or nursing home when [the] a client resides on the premises; and
[V.] Y. "treatment" means any effort to accomplish a significant change in the mental or emotional condition or behavior of [the] a client."
SECTION 2. Section 43-1-10 NMSA 1978 (being Laws 1977, Chapter 279, Section 9, as amended) is amended to read:
"43-1-10. EMERGENCY DETENTION AND TRANSPORT FOR MENTAL HEALTH EVALUATION AND [CARE] TREATMENT.--
A. When reasonable grounds exist for believing that a person has a mental disorder and there is a likelihood of serious harm to the person's self or to another, a peace officer may detain and transport that person for emergency evaluation and treatment:
(1) pursuant to an emergency order issued in accordance with the provisions of Subsection B of this section; or
(2) in the absence of an emergency order, pursuant to the provisions of Subsection G of this section.
B. To obtain an emergency order, an applicant with knowledge of facts supporting the application shall make an application to a court setting forth the following, if known:
(1) the name of the client to be evaluated and the client's date of birth and phone number; a description of the client's appearance; the address or location where the client may be located; and the approximate length of time during which the client has been at that location;
(2) the specific, underlying facts that give rise for believing that reasonable grounds exist that the client, as a result of a mental disorder, presents a likelihood of serious harm to the client or to others and that immediate detention is necessary to prevent this harm;
(3) a risk assessment, based on known facts, that details:
(a) the client's access to weapons;
(b) statements or conduct that suggest that the client will commit a violent or dangerous act;
(c) the client's history of harm to self or to others and negative response to law enforcement;
(d) signs of extreme agitation, rambling or incoherent thoughts and speech;
(e) an inability to communicate effectively;
(f) delusions, flashbacks, hallucinations or other disability impairing the client's ability to understand;
(g) the signature of the applicant and an indication of the qualified applicant's relationship to the client;
(h) efforts to contact the client's family members, treatment guardian or guardian;
(i) whether the client has a history of misuse of pharmaceuticals or illegal use of a controlled substance; and
(j) the client's prior mental health diagnosis and treatment, including information relating to the place where the client was last treated; and
(4) what attempts have been made to convince the client to consent to detention, transport and an emergency mental health evaluation and treatment.
C. An applicant who is not an authorized professional shall sign the application for an emergency order in the presence of a peace officer or the court clerk. The peace officer or the court clerk shall sign the application as a witness. An authorized professional may sign the application without a witness. When an authorized professional signs the application, the authorized professional shall designate the evaluation facility where the client is to be transported.
D. An application for an emergency order shall be delivered as follows:
(1) if a court is open at the time the application is signed, the application shall be filed with the clerk of the court. The clerk of the court shall immediately deliver the original and two copies of the application with three order forms to the court; and
(2) if a court is closed when an application is signed, a peace officer shall bring the application before a judge or a district court commissioner.
E. A judge or a district court commissioner shall issue an emergency order to an evaluation facility whenever the facts in a signed application for an emergency order support a finding that reasonable grounds exist for believing that the client, as a result of a mental disorder, presents a likelihood of serious harm to the client or to others and that immediate detention is necessary to prevent serious harm. Upon making this finding, the judge or district court commissioner may order that a peace officer enter a structure whenever reasonable grounds exist to believe that the client is present in the structure. If the client is known to have resided in a structure at any time during the fourteen days preceding the date on which the application is signed, reasonable grounds are presumed to exist for believing that the client is in the structure. Before mandating that a peace officer enter a structure, the judge or district court commissioner shall review what attempts have been made to convince the client to be taken into custody without force and the imminent risk based upon known facts and past history of the client.
F. A peace officer shall, whenever feasible, provide crisis intervention to an individual who appears to have a mental disorder and who may be in need of detention and transport for evaluation and treatment.
G. Before issuing a ruling pursuant to an application for an emergency order, a court may seek an opinion from an authorized professional. The opinion shall be obtained within twelve hours of the court's receipt of the application for an emergency order. A court shall rule upon the application within twenty-four hours of receiving the application. An authorized professional who renders an opinion for the court pursuant to this subsection shall not be held civilly liable for any acts committed by a person whom the authorized professional did not advise to be taken into custody if the authorized professional has acted in good faith.
[A.] H. A peace officer may detain and transport a [person] client for emergency mental health evaluation and [care] treatment in the absence of [a legally valid] an order from the court only if:
(1) the [person] client is otherwise subject to lawful arrest;
(2) the peace officer has reasonable grounds to believe that the [person] client has [just] recently attempted suicide;
(3) the peace officer, based upon the peace officer's own observation and investigation, has reasonable grounds to believe that the [person] client, as a result of a mental disorder, presents a likelihood of serious harm to [himself or herself] the client or to others and that immediate detention is necessary to prevent [such] serious harm. Immediately upon arrival at the evaluation facility, the peace officer shall:
(a) provide a written statement to the admitting professional or the admitting professional's designee, which statement contains detailed facts supporting reasonable grounds for believing that the client, as a result of a mental disorder, presents a likelihood of serious harm to the client or to others and that immediate detention is necessary; and
(b) be interviewed by the admitting [physician] professional or the admitting [physician's] professional's designee; or
(4) [a physician, a psychologist or a qualified mental health professional licensed for independent practice who is affiliated with a community mental health center or core service agency] an authorized professional has [certified] issued a certificate for evaluation that attests that the [person] client, as a result of a mental disorder, presents a likelihood of serious harm to [himself or herself] the client or to others and that immediate detention is necessary to prevent [such] serious harm. [Such] The certification for evaluation shall constitute authority to transport the [person] client to an evaluation facility.
[B.] I. An [emergency] evaluation [under this section shall be accomplished upon the request of a peace officer or jail or detention facility administrator or that person's designee or upon the certification of a physician, a psychologist or a qualified mental health professional licensed for independent practice who is affiliated with a community mental health center or core service agency. A court order is not required under this section. If an application is made to a court, the court's power to act in furtherance of an emergency admission shall be limited to ordering that:
(1) the client be seen by a certified psychologist or psychiatrist prior to transport to an evaluation facility; and
(2) a peace officer transport the person to an evaluation facility] shall be performed upon a client's arrival at an evaluation facility.
J. Before entering a structure to detain and transport a client for evaluation and treatment, a peace officer shall encourage the client to exit the structure voluntarily, unless this encouragement is reasonably believed to threaten the safety of the client, a peace officer or another person. A peace officer has emergency doctrine authority to enter a structure whenever reasonable grounds exist to believe that there is an emergency at hand and that there is an immediate need for assistance to protect or aid a person or protect property.
[C.] K. An evaluation facility may accept for an emergency-based admission [any person] a client when [a physician or certified psychologist certifies] the admitting professional determines that [such person] reasonable grounds exist to believe that the client, as a result of a mental disorder, presents a likelihood of serious harm to [himself or herself] the client or to others and that immediate detention is necessary to prevent [such] serious harm. [Such certification] The admitting professional's determination shall constitute authority to transport the [person] client for evaluation and treatment at a residential treatment or habilitation program.
[D.] L. A [person] client detained [under] pursuant to an emergency order or in accordance with the provisions of Subsection G of this section shall, whenever possible, be taken immediately to an evaluation facility. Detention facilities shall be used as temporary shelter for [such persons] detained clients only in cases of extreme emergency for protective custody, and [no person] a client taken into custody under the provisions of the code shall remain in a detention facility no longer than necessary and in no case longer than twenty-four hours. If use of a detention facility is necessary, the [proposed] client:
(1) shall not be held in a cell with prisoners;
(2) shall not be identified on records used to record custody of prisoners;
(3) shall be provided adequate protection from possible suicide attempts; and
(4) shall be treated with the respect and dignity due every citizen who is neither accused nor convicted of a crime.
[E. The] M. An admitting [physician or certified psychologist] professional shall evaluate whether reasonable grounds exist to detain the [proposed] client for emergency mental health evaluation and treatment, and, if reasonable grounds are found, the [proposed] client shall be detained further. If the admitting [physician or certified psychologist] professional determines that reasonable grounds do not exist to further detain the [proposed] client for evaluation and treatment, the [proposed] client shall [not] be [detained] released from detention.
[F.] N. Upon arrival at an evaluation facility, the [proposed] client shall be informed orally and in writing by the evaluation facility of the purpose and possible consequences of the proceedings, the right to a hearing within seven days, the right to counsel and the right to communicate with an attorney and a mental health professional of the [proposed] client's own choosing and shall have the right to receive necessary and appropriate treatment.
[G. A peace officer who transports a proposed client to an evaluation facility under the provisions of this section shall not require a court order to be reimbursed by the referring county.]
O. Upon detaining a client, a peace officer or a detaining peace officer's law enforcement agency shall:
(1) deliver a copy of the application and emergency order or the certificate for evaluation to the client; and
(2) deliver a copy of the application and emergency order or the certificate for evaluation to an admitting professional at the evaluation facility.
P. A county in which a client is initially detained for transport for an emergency mental health evaluation and treatment pursuant to this section shall reimburse a law enforcement agency for transport. A county that fails to reimburse in a timely manner a law enforcement agency for transport in accordance with this subsection shall be liable for and shall pay to the law enforcement agency a penalty in an amount that equals three times the law enforcement agency's cost of transport.
Q. A person who makes an intentional misrepresentation of fact in any of the following circumstances is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978:
(1) when alerting a peace officer that the person believes a client may have a mental disorder and presents a likelihood of serious harm to the client or to another person;
(2) in an application for an emergency order; or
(3) in a certificate for evaluation.
R. As used in this section:
(1) "certificate for evaluation" means a form on which an authorized professional has:
(a) certified that a client, as a result of a mental disorder, presents a likelihood of serious harm to the client or to others and that immediate detention is necessary to prevent serious harm; and
(b) provided specific underlying facts that give rise to reasonable grounds for believing that the client, as a result of a mental disorder, presents a likelihood of serious harm to the client or to others and that immediate detention is necessary to prevent serious harm;
(2) "court" means a district court, except in circumstances relating to an emergency order pursuant to this section, in which circumstances "court" means a metropolitan or district court;
(3) "emergency order" means a court order to detain and transport a client for emergency mental health evaluation and treatment issued in accordance with the provisions of this section;
(4) "good faith" means that a reasonable basis exists in fact as evidenced by the facts available to a health professional; and
(5) "judge" means a metropolitan court or district court judge."
SECTION 3. Section 43-1-19 NMSA 1978 (being Laws 1977, Chapter 279, Section 18, as amended) is amended to read:
"43-1-19. DISCLOSURE OF INFORMATION.--
A. Except as otherwise provided in the code, no person shall, without the authorization of the client, disclose or transmit any confidential information from which a person well acquainted with the client might recognize the client as the described person, or any code, number or other means that can be used to match the client with confidential information regarding the client.
B. Authorization from the client shall not be required for the disclosure or transmission of confidential information in the following circumstances:
(1) when the request is from a mental health professional or a developmental [disability] disabilities professional or from an employee or trainee working with a person with a mental [disability] disorder or developmental disability, to the extent that the practice, employment or training on behalf of the client requires access to such information is necessary;
(2) when such disclosure is necessary to protect against a clear and substantial risk of imminent serious physical injury or death inflicted by the client on the client's self or another;
(3) when the disclosure is made pursuant to the provisions of the Assisted Outpatient Treatment Act, using reasonable efforts to limit protected health information to that which is minimally necessary to accomplish the intended purpose of the use, disclosure or request;
(4) when the disclosure of such information is to the primary caregiver of the client and the disclosure is only of information necessary for the continuity of the client's treatment in the judgment of the treating physician or certified psychologist who discloses the information; or
(5) when such disclosure is to an insurer contractually obligated to pay part or all of the expenses relating to the treatment of the client at the residential facility. The information disclosed shall be limited to data identifying the client, facility and treating or supervising physician and the dates and duration of the residential treatment. It shall not be a defense to an insurer's obligation to pay that the information relating to the residential treatment of the client, apart from information disclosed pursuant to this section, has not been disclosed to the insurer.
C. No authorization given for the transmission or disclosure of confidential information shall be effective unless it:
(1) is in writing and signed; and
(2) contains a statement of the client's right to examine and copy the information to be disclosed, the name or title of the proposed recipient of the information and a description of the use that may be made of the information.
D. The client has a right of access to confidential information and has the right to make copies of any information and to submit clarifying or correcting statements and other documentation of reasonable length for inclusion with the confidential information. The statements and other documentation shall be kept with the relevant confidential information, shall accompany it in the event of disclosure and shall be governed by the provisions of this section to the extent they contain confidential information. Nothing in this subsection shall prohibit the denial of access to such records when a physician or other mental health professional or developmental disabilities professional believes and notes in the client's medical records that such disclosure would not be in the best interests of the client. In any such case, the client has the right to petition the court for an order granting such access.
E. Where there exists evidence that the client whose consent to disclosure of confidential information is sought is incapable of giving or withholding valid consent and the client does not have a guardian or treatment guardian appointed by a court, the person seeking such authorization shall petition the court for the appointment of a treatment guardian to make a substitute decision for the client, except that if the client is less than fourteen years of age, the client's parent or guardian is authorized to consent to disclosure on behalf of the client.
F. Information concerning a client disclosed under this section shall not be released to any other person, agency or governmental entity or placed in files or computerized data banks accessible to any persons not otherwise authorized to obtain information under this section.
G. Nothing in the code shall limit the confidentiality rights afforded by federal statute or regulation.
H. A person appointed as a treatment guardian in accordance with the Mental Health and Developmental Disabilities Code may act as the client's personal representative pursuant to the federal Health Insurance Portability and Accountability Act of 1996, Sections
1171-1179 of the Social Security Act, 42 U.S.C. Section 1320d et seq., as amended, and applicable federal regulations to obtain access to the client's protected health information, including mental health information and relevant physical health information, and may communicate with the client's health care providers in furtherance of such treatment.
I. The department of public safety shall create a police report form to be completed by law enforcement whenever a report is made of an individual who may have a mental disorder, who has recently attempted suicide, who is believed to have committed suicide or who has attempted or perpetrated serious harm against another person or the individual. All information pertaining to the individual's mental disorder, suicide attempt, suicide or attempted or perpetrated harm shall be recorded on this form. No police report, other than the form, shall reference a mental disorder, suicide attempt, suicide or attempted or perpetrated harm. The completed form shall be confidential and only released in accordance with the provisions of this section and the federal Health Insurance Portability and Accountability Act of 1996, Sections 1171-1179 of the Social Security Act, 42 U.S.C. Section 1320d et seq., as amended, and applicable federal regulations.
J. In making or distributing records pursuant to the procedures set forth in the code or to arrest, a law enforcement agency shall seal all information pertaining to an individual's perceived mental disorder. Information concerning an individual's perceived mental disorder and relevant mental health behavior may be released within the arresting agency, to another law enforcement agency, to a court or to an individual's physician or mental health professional, including an assisted outpatient treatment team, an evaluation facility or the individual's attorney, guardian or treatment guardian, without a court order. If a crime is alleged, the underlying facts concerning the crime shall be reported in a criminal report with no reference to a perceived mental disorder or relevant mental health behavior. A person may file for a court order for the release of information of perceived mental disorder and relevant mental health behavior. In reviewing the application for a release of information of a client who may need mental health treatment, the court shall weigh the public interest, the client's right to privacy and the client's best interest. Any visual or audio recording made in circumstances where law enforcement is responding either to a concern that a client may need mental health treatment or to a court order in accordance with the provisions of the Mental Health and Developmental Disabilities Code shall be confidential and shall not be released to the public without the written consent of the client or the client's representative or by a court order. In reviewing the application for a release of information that includes a visual or audio recording involving a law enforcement response to a client, the court shall weigh the public interest, the client's right to privacy and the client's best interest."
SECTION 4. Section 43-1-22 NMSA 1978 (being Laws 1977, Chapter 279, Section 22) is amended to read:
"43-1-22. TRANSPORTATION.--Whenever a [proposed patient] client is to be detained and provided emergency mental health evaluation and treatment, committed to a residential mental health [or developmental disability] facility or [to be] returned to [such] a [facility] residential treatment or habilitation residential program during commitment, the court ordering the commitment or authorizing the return of the [patient] client may direct the sheriff, the New Mexico state police or other appropriate persons to furnish suitable transportation in order to effect [such] the detention and emergency mental health evaluation and treatment, commitment or return [contacting the department for directions as to the destination] of the [patient] client. The evaluating facility may direct the sheriff, the state police or other appropriate person to furnish suitable transportation for returning the client to the county where the client was originally detained, and law enforcement shall comply with that evaluating facility's direction. The county where the person was originally detained shall reimburse law enforcement in a timely manner in accordance with the provisions of Subsection P of Section 43-1-10 NMSA 1978."
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