This text of New Mexico § 30-47-3 (Definitions) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
As used in the Resident Abuse and Neglect Act: A. "abuse" means any act or failure to act performed intentionally, knowingly or recklessly that causes or is likely to cause harm to a resident, including:
(1)physical contact that harms or is likely to harm a resident of a care facility;
(2)inappropriate use of a physical restraint, isolation or medication that harms or is likely to harm a resident;
(3)inappropriate use of a physical or chemical restraint, medication or isolation as punishment or in conflict with a physician's order;
(4)medically inappropriate conduct that causes or is likely to cause physical harm to a resident;
(5)medically inappropriate conduct that causes or is likely to cause great psychological harm to a resident; or (6) an unlawful act, a threat or menacing condu
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As used in the Resident Abuse and Neglect Act: A. "abuse" means any act or failure to act performed intentionally, knowingly or recklessly that causes or is likely to cause harm to a resident, including: (1) physical contact that harms or is likely to harm a resident of a care facility; (2) inappropriate use of a physical restraint, isolation or medication that harms or is likely to harm a resident; (3) inappropriate use of a physical or chemical restraint, medication or isolation as punishment or in conflict with a physician's order; (4) medically inappropriate conduct that causes or is likely to cause physical harm to a resident; (5) medically inappropriate conduct that causes or is likely to cause great psychological harm to a resident; or (6) an unlawful act, a threat or menacing conduct directed toward a resident that results and might reasonably be expected to result in fear or emotional or mental distress to a resident; B. "care facility" means a hospital; skilled nursing facility; intermediate care facility; care facility for individuals with developmental or intellectual disabilities; psychiatric facility; rehabilitation facility; kidney disease treatment center; home health agency; ambulatory surgical or outpatient facility; home for the aged or disabled; group home; adult foster care home; private residence that provides personal care, sheltered care or nursing care for one or more persons; a resident's or care provider's home in which personal care, sheltered care or nursing care is provided; adult daycare center; boarding home; adult residential shelter care home; and any other health or resident care related facility or home, but does not include a care facility located at or performing services for any correctional facility; C. "department" means the human services department [health care authority department] or its successor, contractor, employee or designee; D. "great psychological harm" means psychological harm that causes mental or emotional incapacitation for a prolonged period of time or that causes extreme behavioral change or severe physical symptoms that require psychological or psychiatric care; E. "great physical harm" means physical harm of a type that causes physical loss of a bodily member or organ or functional loss of a bodily member or organ for a prolonged period of time; F. "neglect" means, subject to the resident's right to refuse treatment and subject to the caregiver's right to exercise sound medical discretion, the grossly negligent: (1) failure to provide any treatment, service, care, medication or item that is necessary to maintain the health or safety of a resident; (2) failure to take any reasonable precaution that is necessary to prevent damage to the health or safety of a resident; or (3) failure to carry out a duty to supervise properly or control the provision of any treatment, care, good, service or medication necessary to maintain the health or safety of a resident; G. "person" means any individual, corporation, partnership, unincorporated association or other governmental or business entity; H. "physical harm" means an injury to the body that causes substantial pain or incapacitation; and I. "resident" means any person who resides in a care facility or who receives treatment from a care facility.