A. Nothing in the Resident Abuse and Neglect Act shall be construed to preclude health care in accordance with the Uniform Health-Care Decisions Act [Chapter 24, Article 7A NMSA 1978], and it shall be an affirmative defense to any charge brought under the Resident Abuse and Neglect Act that the acts complained of were in accordance with the Uniform Health-Care Decisions Act.
B. To establish an affirmative defense under Subsection A of this section, the person shall show substantial compliance with the provisions of the Uniform Health-Care Decisions Act.
History: Laws 1990, ch. 55, § 8; 1997, ch. 168, § 11.
ANNOTATIONSThe 1997 amendment, effective July 1, 1997, substituted "Uniform Health-Care Decisions Act" for "Right to Die Act" in the section heading and throughout the section and substituted "health care" for "withholding or withdrawing treatment" in Subsection A.