{"data":{"id":"us-nm/30-47-3","jurisdiction":"us-nm","citation":"30-47-3","heading":"Definitions.","body":"As used in the Resident Abuse and Neglect Act:\nA. \"abuse\" means any act or failure to act performed intentionally, knowingly or recklessly that causes or is likely to cause harm to a resident, including:\n(1) physical contact that harms or is likely to harm a resident of a care facility;\n(2) inappropriate use of a physical restraint, isolation or medication that harms or is likely to harm a resident;\n(3) inappropriate use of a physical or chemical restraint, medication or isolation as punishment or in conflict with a physician's order;\n(4) medically inappropriate conduct that causes or is likely to cause physical harm to a resident;\n(5) medically inappropriate conduct that causes or is likely to cause great psychological harm to a resident; or\n(6) an unlawful act, a threat or menacing conduct directed toward a resident that results and might reasonably be expected to result in fear or emotional or mental distress to a resident;\nB. \"care facility\" means a hospital; skilled nursing facility; intermediate care facility; care facility for individuals with developmental or intellectual disabilities; psychiatric facility; rehabilitation facility; kidney disease treatment center; home health agency; ambulatory surgical or outpatient facility; home for the aged or disabled; group home; adult foster care home; private residence that provides personal care, sheltered care or nursing care for one or more persons; a resident's or care provider's home in which personal care, sheltered care or nursing care is provided; adult daycare center; boarding home; adult residential shelter care home; and any other health or resident care related facility or home, but does not include a care facility located at or performing services for any correctional facility;\nC. \"department\" means the human services department [health care authority department] or its successor, contractor, employee or designee;\nD. \"great psychological harm\" means psychological harm that causes mental or emotional incapacitation for a prolonged period of time or that causes extreme behavioral change or severe physical symptoms that require psychological or psychiatric care;\nE. \"great physical harm\" means physical harm of a type that causes physical loss of a bodily member or organ or functional loss of a bodily member or organ for a prolonged period of time;\nF. \"neglect\" means, subject to the resident's right to refuse treatment and subject to the caregiver's right to exercise sound medical discretion, the grossly negligent:\n(1) failure to provide any treatment, service, care, medication or item that is necessary to maintain the health or safety of a resident;\n(2) failure to take any reasonable precaution that is necessary to prevent damage to the health or safety of a resident; or\n(3) failure to carry out a duty to supervise properly or control the provision of any treatment, care, good, service or medication necessary to maintain the health or safety of a resident;\nG. \"person\" means any individual, corporation, partnership, unincorporated association or other governmental or business entity;\nH. \"physical harm\" means an injury to the body that causes substantial pain or incapacitation; and\nI. \"resident\" means any person who resides in a care facility or who receives treatment from a care facility.","path":["Chapter 30 - Criminal Offenses","ARTICLE 47 Resident Abuse and Neglect"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"472ce8bdac87216d11e9be3b97b5166602933d7ac665441800f4f38b928d840d","source_id":"us-nm","stale":false,"prev":"us-nm/30-47-2","next":"us-nm/30-47-4"},"notice":"GroundRules: Original legal text. Not legal advice."}