Resident Abuse and Neglect Act – N.M. Stat. Ann. §30-47-9

New Mexico has passed a “Resident Abuse and Neglect Act” to deter and provide remedies for the abuse, neglect, or exploitation of care facility residents, as well as to provide an effective system for reporting instances of abuse, neglect or exploitation.  Under the law, any person paid in whole or part for providing to a patient or resident any treatment, care, good, service or medication who has reasonable cause to believe that the individual has been abused, neglected or exploited must report the abuse, neglect or exploitation to the Department of Health.  Abuse of a patient includes:

•         Physical contact that harms or is likely to harm a resident of a care facility;
•         Inappropriate use of a physical restraint, isolation or medication that harms or is likely to harm a resident;
•         Inappropriate use of a physical or chemical restraint, medication or isolation as punishment or in conflict with a physician's order;
•         Medically inappropriate conduct that causes or is likely to cause physical harm to a resident;
•         Medically inappropriate conduct that causes or is likely to cause great psychological harm to a resident; or
•         A 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

Additionally, patient neglect includes any of the following:

•         Failure to provide any treatment, service, care, medication or item that is necessary to maintain the health or safety of a resident;
•         Failure to take any reasonable precaution that is necessary to prevent damage to the health or safety of a resident; or
•         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;