Understanding How Mental Health Laws In New Mexico Affect You
Everyone deserves proper care for whatever health challenges they are facing in life. New Mexico mental health laws help protect patient rights and ensure that the right help is available to those who need it most.
Understanding how these laws work can help you navigate the system of available mental health services. If you or a loved one is dealing with a mental illness of some kind, the information on this page should be helpful as you determine what steps are next.
To get started with professional treatment, reach out to Icarus Behavioral Health in New Mexico. Our mental health facility is ready to design a treatment plan that is customized to your needs and can turn your life in a new direction. It would be our honor to serve you.
Mental Health Rights and Protections in New Mexico
There are important laws that protect the rights of individuals with mental health challenges. Some of these are New Mexico state laws and some are federal laws.
First, patients have the right to informed consent. This means you have the right to hear about your treatment options and to accept or refuse treatment. Exceptions apply in the case of a patient who is deemed unfit to make informed decisions. We’ll talk more about involuntary treatment below.
HIPAA also applies to mental health patients. This is the federal law known as the Health Insurance Portability and Accountability Act. Among other things, this act ensures that your mental health records are confidential with limited exceptions.
Minors in New Mexico aged at least 14 have the legal right to consent to outpatient mental health treatment without a treatment guardian. It is encouraged that parents are involved in these situations but not required by law.
Health insurance is also required to provide coverage for mental health conditions just as they do for physical health. If you have a health insurance policy in New Mexico and need mental health care, reach out to Icarus Behavioral Health in New Mexico to learn more about what your policy covers.
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Involuntary Commitment Laws in New Mexico
There are situations where an individual may be involuntarily held in New Mexico for mental health issues. This happens when the individual poses the threat of serious harm to themselves or others.
Involuntary commitment is only permitted when reasonable grounds exist to believe that serious harm may soon occur. Various parties including law enforcement officers and family members have the right to file for an involuntary commitment.
The law allows for an individual to be held in a psychiatric facility for up to 72 hours. A longer hold will require a court hearing and the presentation of clear and convincing evidence that further detention is needed. It’s possible for the initial three-day hold to be stretched out to 30 days if that is deemed necessary by the court.
While committed, individuals have rights that should be understood. They have the right to legal representation and a hearing in court. They also have the right to request periodic reviews of their condition to determine if ongoing commitment is appropriate.
Access to Mental Health Services
There are a number of mental health services provided throughout the state of New Mexico. Accessing these resources is recommended for anyone facing a crisis.
Centennial Care is the New Mexico version of Medicaid and it is a starting point for many with mental health challenges. Services such as therapy, medication, and inpatient care may be available through this coverage.
The state organization in charge of mental health services is the Behavioral Health Services Division, or BHSD. Those who do not have insurance, or are low-income, can seek mental health treatment through the programs offered by this department.
Throughout the state, many different nonprofit and government-funded centers offer mental health services. There are typically more options available in bigger cities like Albuquerque and Santa Fe than in the more rural parts of the state.
Immediate care is also offered by the New Mexico Crisis and Access Line. This is an around-the-clock crisis hotline that anyone can call to get support and referrals to proposed treatment options.
Icarus Behavioral Health in New Mexico is also proud to offer support to any interested person who needs help with a mental health challenge. You are always welcome to call us at any time for support and to talk about a treatment plan. Our team is trained and experienced in this space and will be on your side right from the start.
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Mental Health and Criminal Justice
Individuals with mental health challenges too often end up in jail. These individuals need proper treatment in a mental health facility to get on the road to recovery, not to spend time incarcerated.
New Mexico has made efforts to offer a number of programs that can keep people out of jail and in treatment for their mental disorders. For example, some counties have mental health courts. These courts are aimed at treating mental health challenges rather than simply punishing the individual.
Those with a mental disorder who have already been incarcerated may be able to utilize jail-based treatment programs. The quality and availability of such treatment will vary from place to place throughout the state.
Diversion programs are also a valuable tool that can help people in crisis get the mental health attention they need. Law enforcement may attempt to de-escalate a situation and direct individuals with a mental disorder to the right type of care. When this happens instead of an arrest, the chances of successful treatment and progress toward recovery will be increased.
Protections in Schools and Workplaces
There are protections in place to help people with mental health challenges both in schools and in the workplace. These protections come in the form of state-level and federal initiatives.
The Americans with Disabilities Act is an important part of this picture. Employers are required by law to offer accommodations for employees with mental health conditions. That could mean a flexible work schedule or time off to receive treatment.
An employee with convincing evidence of a mental health condition can also take unpaid leave under the Family and Medical Leave Act. These two federal programs apply in New Mexico just like the rest of the country. Workers with mental health challenges should understand these laws and their rights as workers.
Caring for Young People
Mental health difficulties aren’t restricted to adults. Young people can face mental health challenges as well, sometimes requiring emergency care. School mental health programs are offered in most places in New Mexico to give young people a trusted, available resource when they need help.
Schools also need to have suicide prevention policies in place under New Mexico state law. This includes training the staff on suicide prevention and making access to mental health resources as easy as possible.
Substance Abuse and Mental Health Laws
There is a close connection between mental health issues and substance abuse. An individual struggling with one is at risk of dealing with the other. New Mexico has some laws in place to attempt to reduce the harm experienced when an individual is fighting both of these battles.
Harm reduction laws are one example. These programs include needle exchanges and naloxone distribution. Both of those initiatives help to reduce the number of overdoses and cut down on the spread of disease.
Good Samaritan laws in New Mexico also help in this area. The idea of such laws is that any individual who contacts emergency services to get help for someone will be protected from legal consequences. This makes it more likely that others will call for help when an individual is experiencing an overdose.
Too often, no one will call for help during an overdose because they are worried about prosecution. The individual who could call to get help might have drugs in their possession and they don’t want to get caught, for example. New Mexico Good Samaritan laws protect that individual and make it easy to call for help before it’s too late.
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Connect with Our Supportive Team at Icarus for Help Today
Teaming with a mental health professional is one of the best things you can do to turn things around when facing mental illness. To get help, place a call to Icarus Behavioral Health in New Mexico today.
You’ll be greeted by a friendly, understanding voice when you call our location. We understand the serious nature of mental illness and will get your treatment started as soon as possible.
Ask any questions you may have for our team and you’ll soon feel confident that our facility is the right place for you to be. We can check your insurance coverage, chat about the situation you are facing, and start to build a custom treatment plan based on your needs.
We wish you the best in this journey and hope to play a role in your recovery process. Let’s talk today.
