A. The administration of a treatment facility may receive any intoxicated person, alcohol-impaired person or drug-impaired person who applies to be received as a client into the facility. If the voluntary client is:

(1) intoxicated, the client shall be discharged pursuant to Subsection E of Section 43-2-8 NMSA 1978; or

(2) not intoxicated, the client shall be discharged at the request of the client or, in the absence of such a request, at the discretion of the administration.

B. If a voluntary client leaves a treatment facility with or against the advice of the administration in charge of the facility, the department shall make reasonable provisions for the client's transportation to another facility or to the client's home.

C. A client who voluntarily submits himself for treatment in accordance with the Detoxification Reform Act shall not forfeit or abridge thereby any of the client's rights. The fact that the client has submitted himself for treatment or that the client has been given help or guidance shall not be used against the client in any proceeding in any court. The record of the voluntary commitment shall be confidential and shall not be divulged except on order of the court or upon receipt of a waiver and release duly executed by the client volunteering for commitment.

History: 1941 Comp., § 61-1209, enacted by Laws 1949, ch. 114, § 9; 1953 Comp., § 46-12-9; Laws 1976 (S.S.), ch. 9, § 8; 1977, ch. 253, § 54; 1977, ch. 374, § 7; 1983, ch. 177, § 7; 1989, ch. 47, § 7; 2005, ch. 198, § 6.

The 2005 amendment, effective July 1, 2005, in Subsection A, deleted the former requirement that upon the recommendation of the chief of the substance abuse bureau, a treatment facility must receive any alcoholic or drug impaired person who applies for to be received; added Subsections A(1) through (2) to provide for the discharge of voluntary clients; deleted the former requirement of Subsection B that if a voluntary patient leave a treatment facility and has no home, the treatment facility shall assist him in obtaining shelter; and in Subsection C, provided that a record of a voluntary client may be divulged upon receipt of a waiver and release executed by the client.

The 1989 amendment, effective June 16, 1989, in Subsection A substituted "substance abuse" for "alcoholism" and inserted "or drug-impaired person", and in Subsection C twice deleted "of New Mexico" following "state" in the first sentence.

Rights generally. — No one who voluntarily seeks the help of the organization by submitting himself for treatment shall have such submission for treatment used against him in any court proceedings. Also, the record of such voluntary patient must be held confidential unless divulgence is ordered by a court. The service of a warrant is not in violation of either of these confidential compulsions. No violation exists as to this section by permitting a warrant to be served on any of the alcoholic patients. As to "information," the situation is quite different. If the information sought from anyone, whether of a private or official stature, is in any way connected with the material on the record of such voluntary patient or concerns information divulged to the organization as a natural concomitant of such admission, then the center is prohibited from divulging such information without an order of the court. 1958 Op. Att'y Gen. No. 58-67.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Mentally Impaired Persons §§ 3, 5, 152.