New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 10 - CHILD PROTECTIVE SERVICES
Part 7 - PROTECTIVE SERVICES LEGAL
Section 8.10.7.24 - MEDICAL NEGLECT
Universal Citation: 8 NM Admin Code 8.10.7.24
Current through Register Vol. 35, No. 18, September 24, 2024
A. PSD shall respond to reports of medical neglect of children (including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions) and shall take the necessary legal action to protect those children.
B. The term withholding medically indicated treatment shall not apply in the following circumstances:
(1) the child is chronically
and irreversibly comatose;
(2) the
provision of such treatment would merely prolong dying or otherwise be futile
in terms of the survival of the child; or
(3) the provision of such treatment would be
virtually futile in terms of survival of the child and the treatment itself
under such circumstances would be inhumane.
C. Nothing in section shall limit existing protection available under state law regarding medical neglect of children over one (1) year of age.
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