Terms Used In New Mexico Statutes 30-47-9

  • Conviction: A judgement of guilt against a criminal defendant.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Testify: Answer questions in court.

A.   Any person paid in whole or part for providing to a resident any treatment, care, good, service or medication who has reasonable cause to believe that the resident has been abused, neglected or exploited shall report the abuse, neglect or exploitation in accordance with the provisions of Section 27-7-30 NMSA 1978.   

B.   Any person required to make a report pursuant to Subsection A of this section who fails to do so is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Subsection A of Section 31-19-1 NMSA 1978.   

C.   In addition to those persons required to report pursuant to Subsection A of this section, any other person shall make a report if the person has reasonable cause to believe that a patient or resident of a facility has been abused, neglected or exploited.   

D.   Any person making a report pursuant to Subsection C of this section shall not be liable in any civil or criminal action based on the report if it was made in good faith.   

E.   No facility shall, without just cause, discharge or in any manner discriminate or retaliate against any person who in good faith makes a report required or permitted by the Resident Abuse and Neglect Act, or testifies, or is about to testify, in any proceeding about the abuse, neglect or exploitation of a resident in that facility.  For the purposes of this section, “retaliate” includes transferring to another facility, without just cause, over the objection of the resident or the resident’s guardian, any resident who has reported an incident pursuant to this section.   

  History: Laws 1990, ch. 55, § 9.