A. In addition to any other right or remedy available by law with respect to the court order for assisted outpatient treatment, a party or the respondent's surrogate decision-maker may apply to the court to stay, vacate, modify or enforce the order. The application shall be served upon those persons required to be served with notice of a petition for an order authorizing assisted outpatient treatment and every specified provider. The disposition of the application shall occur no later than ten calendar days following the filing of the application.
B. A specified provider shall apply to the court for approval before instituting a proposed material change in mandated services or assisted outpatient treatment unless such change is contemplated in the order. The application shall be served upon those persons required to be served with notice of a petition for an order authorizing assisted outpatient treatment and every specified provider. The disposition of the application shall occur no later than ten calendar days following the filing of the application. Nonmaterial changes may be instituted by the provider without court approval. For purposes of this subsection, "material change" means an addition or deletion of a category of assisted outpatient treatment and does not include a change in medication or dosage contemplated in the order that, based upon the clinical judgment of the provider, is in the best interest of the patient.
C. A court order requiring periodic blood tests or urinalysis for the presence of alcohol or abused substances shall be subject to review after six months by a qualified professional, who shall be authorized to terminate such blood tests or urinalysis without further action by the court.
History: Laws 2016, ch. 84, § 12.
ANNOTATIONSCompiler's notes. — Laws 2016, ch. 84, §§ 1 through 14 were originally enacted as new sections of the Mental Health and Developmental Disabilities Code, but were renumbered by the compiler.
Repeals. — Laws 2020, ch. 44, § 3, effective May 20, 2020, repealed Laws 2016, ch. 84, § 17, which would have repealed §§ 43-1B-1 to 43-1B-14 NMSA 1978, effective July 1, 2021.
Effective dates. — Laws 2016, ch. 84, § 18 made Laws 2016, ch. 84 effective July 1, 2016.