Judicial relief.

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On petition of a patient, the patient's agent, guardian or surrogate, a health-care provider or health-care institution involved with the patient's care, an individual described in Subsection B or C of Section 24-7A-5 NMSA 1978, the district court may enjoin or direct a health-care decision or order other equitable relief. A proceeding under this section is governed by the Rules of Civil Procedure for the District Courts.

History: Laws 1995, ch. 182, § 14; 1997, ch. 168, § 9.

ANNOTATIONS

Cross references. — For Rules of Civil Procedure for the District Courts, see Rule 1-001 NMRA.

The 1997 amendment, effective July 1, 1997, in the first sentence, inserted "health-care" preceding "institution"; deleted "or another person having an interest in the patient's welfare" following "NMSA 1978"; and made a stylistic change.

Standing. — A not-for-profit corporation authorized by federal law to pursue legal remedies on behalf of persons with developmental disabilities lacked standing to bring an action to stay the district court's order permitting termination of artificial nutrition and hydration of a patient. Protection & Advocacy Sys. v. Presbyterian Healthcare Servs., 1999-NMCA-122, 128 N.M. 73, 989 P.2d 890.


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