2016 New Mexico Statutes
Chapter 32A - Children's Code
Article 6A - Children's Mental Health and Developmental Disabilities
Section 32A-6A-9 - Restraint, generally.
32A-6A-9. Restraint, generally.
A. Nothing in this section shall be interpreted to diminish the rights and protections accorded to children in hospitals or psychiatric residential treatment or habilitation facilities as provided by federal law and regulation.
B. Restraint and seclusion as provided for in this section is not considered treatment. It is an emergency intervention to be used only until the emergency ceases.
C. Nothing in this section shall prohibit the use of:
(1) mechanical supports or protective devices;
(2) a medical restraint prescribed by a physician or dentist as a health-related protective measure during the conduct of a specific medical, surgical or dental procedure; and
(3) holding a child for a very short period of time without undue force to calm or comfort the child or holding a child's hand to escort the child safely from one area to another.
History: Laws 2007, ch. 162, 9; 2008, ch. 75, 2.
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