SB 166 New Mexico Senate · 2025 Regular Session

HARM TO SELF & OTHERS DEFINITION

SB 166 clarifies key definitions for "harm to self" and "harm to others" in New Mexico's mental health and developmental disabilities laws. It defines "harm to self" as an inability to meet basic needs with risk of serious physical harm without treatment, and "harm to others" as past behavior causing serious harm or creating a substantial risk of repeat harm. These definitions will directly guide courts and mental health professionals when determining eligibility for involuntary treatment under existing commitment procedures. The bill does not create new procedures or funding but standardizes language to ensure consistent application of current laws.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
Senate Passage
Mar 2025
House Passage
Governor
Introduced Jan 28, 2025 Last action Jun 3, 2025
Maddy AI version diff · 1 comparison

What changed between versions

introduced version JU substitute · 4 edits
MODERATE
This bill updates the definitions used in New Mexico's mental health and assisted outpatient treatment laws. It clarifies what constitutes 'harm to self' and 'harm to others' and adds new definitions for terms like 'crisis triage center' and 'psychosurgery'. These changes aim to standardize terminology across mental health statutes and improve clarity for courts and service providers.
Scope change
The bill applies to the Mental Health and Developmental Disabilities Code and the Assisted Outpatient Treatment Act, updating definitions used in commitment procedures and treatment decisions.
DEFINITION

Redefines 'harm to self' to include situations where a person lacks capacity for basic needs like nourishment or shelter, and 'harm to others' to include recent actions creating substantial risk of serious bodily harm.

Adds new definitions for 'crisis triage center' (licensed facilities providing behavioral health crisis stabilization), 'psychosurgery' (brain surgery to control thoughts or behavior), and 'qualified mental health professional licensed for independent practice' (including social workers and counselors).

Updates 'consistent with the least drastic means principle' to specify that treatment should be no more harsh than necessary, involve no movement restrictions except when needed, and be conducted at facilities close to the client's residence.

Removes the definition of 'likelihood of serious harm to oneself' and 'likelihood of serious harm to others' from the Mental Health and Developmental Disabilities Code, as these concepts are now defined separately under 'harm to self' and 'harm to others'.

Floor votes · Senate Mar 12, 2025

How they voted

370
Passed · 3 other
Total votes 40
Mar 12, 2025
D Democratic24
22 Yea 2
91% Yea
R Republican16
15 Yea 1
93% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
6
Key actions
2
Committee
1
Mar 13, 2025
Introduced
Sent to House Health & Human Services Committee & House Judiciary Committee
lower
Mar 12, 2025
Upper · Passed
passed Senate
upper
Mar 11, 2025
Upper · Passed
DO NOT PASS, replaced with committee substitute
upper
Jan 28, 2025
Introduced
Sent to Senate Judiciary Committee & Senate Finance Committee
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Moe Maestas
Moe Maestas
DDemocratic
NM
26