New Mexico Statutes

N.M. Stat. § 43-1-2 (2026)

Short title.

✓ current as of May 2026
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Chapter 43, Article 1 NMSA 1978 may be cited as the "Mental Health and
Developmental Disabilities Code".

History: 1953 Comp., § 34-2A-1, enacted by Laws 1977, ch. 279, § 1; 1989, ch. 128, §
2.

                                     ANNOTATIONS

The 1989 amendment, effective June 16, 1989, substituted "Chapter 43, Article 1
NMSA 1978" for "Sections 1 through 19 and 21 through 23 of this act".

Assisted outpatient treatment ordinance preempted by state law. — The Mental
Health and Developmental Disabilities Code, 43-1-1 NMSA 1978 et seq., and the
Mental Health Care Treatment Decisions Act, 24-7B-1 NMSA 1978 et seq., 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 and 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 1 case, 1980–1980 · leading case: Matter of Dean, 607 P.2d 132 (N.M. Ct. App. 1980).
Matter of Dean, 607 P.2d 132 (N.M. Ct. App. 1980). · cites it 6× “On February 20, 1979, defendant was involuntarily committed to the State Hospital upon a physician's certificate for a 7-day evaluation period pursuant to the provisions of the Mental Health and Development Disabilities Code, Section 43-1-2 through 19 and 21 through 23, N.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.