N.M. Stat. » N.M. Stat. / Chapter 24 / Article 7B
New Mexico Statutes

N.M. Stat. § 24-7B-1 (2026)

Short title.

✓ current as of May 2026
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Chapter 24, Article 7B NMSA 1978 may be cited as the "Mental Health Care
Treatment Decisions Act".
History: Laws 2006, ch. 7, § 1; 2009, ch. 159, § 4.

                                    ANNOTATIONS

The 2009 amendment, effective June 19, 2009, changed the reference to the act to the
chapter and article of NMSA 1978.

Assisted outpatient treatment ordinance preempted by state law. — The Mental
Health and Developmental Disabilities Code, Chapter 43, Article 1 NMSA 1978, and the
Mental Health Care Treatment Decisions Act, Chapter 24, Article 7B NMSA 1978,
create a comprehensive scheme governing the treatment of individuals with mental
illness, with or without the consent of those individuals, which together preempt home-
rule municipalities from enacting a separate ordinance regulating individuals with mental
illness. Protection & Advocacy Sys. v. City of Albuquerque, 2008-NMCA-149, 145 N.M.
156, 195 P.3d 1, cert. denied, 2008-NMCERT-009, 145 N.M. 257, 196 P.3d 488.
Notes of Decisions
Cited in 3 cases, 2008–2015 · leading case: Morris v. Brandenburg, 2015 NMCA 100 (N.M. Ct. App. 2015).
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Morris v. Brandenburg, 2015 NMCA 100 (N.M. Ct. App. 2015). · cites it 3× “In both the Uniform Health-Care Decisions Act, §§ 24-7A-1 to -18, and the Mental Health Care Treatment Decisions Act, NMSA 1978, §§ 24-7B-1 to -16 (2006, as amended through 2009), the Legislature expressly refused to “authorize .”
Prot. & Advocacy Sys. v. City of Albuquerque, 195 P.3d 1 (N.M. Ct. App. 2008). · cites it 2× “We agree with the district court that Plaintiffs have standing and that the Ordinance is preempted by the State Mental Health and Developmental Disabilities Code (the Code), NMSA 1978, §§ 43-1-1 to -25 (1976, as amended through 2007), and the Mental Health Care Treatment…”
Morris v. Brandenburg (N.M. Ct. App. 2015). · cites it 3× “In both the Uniform Health-Care Decisions Act, §§ 24-7A-1 to -18, and the 17 Mental Health Care Treatment Decisions Act, NMSA 1978, §§ 24-7B-1 to -16 (2006, 18 as amended through 2009), the Legislature expressly refused to “authorize .”
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