New Mexico SB 190: DEV DISABILITIES PLANNING COUNCIL

Bill Text

SJC/SHPAC/SB 190
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AN ACT
RELATING TO DISABILITY; AMENDING AND ENACTING SECTIONS OF THE
DEVELOPMENTAL DISABILITIES ACT TO MAKE CHANGES TO THE
DEVELOPMENTAL DISABILITIES PLANNING COUNCIL MEMBERSHIP,
AUTHORIZATION AND DUTIES; RENAMING THE DEVELOPMENTAL
DISABILITIES PLANNING COUNCIL AS THE DEVELOPMENTAL
DISABILITIES COUNCIL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 28-16A-1 NMSA 1978 (being Laws 1993,
Chapter 50, Section 1) is amended to read:
"28-16A-1. SHORT TITLE.--Chapter 28, Article 16A NMSA
1978 may be cited as the "Developmental Disabilities Act"."
SECTION 2. Section 28-16A-2 NMSA 1978 (being Laws 1993,
Chapter 50, Section 2) is amended to read:
"28-16A-2. LEGISLATIVE AUTHORIZATION.--The
Developmental Disabilities Act authorizes the department to
plan, provide and coordinate support and services to persons
with developmental disabilities."
SECTION 3. Section 28-16A-3 NMSA 1978 (being Laws 1993,
Chapter 50, Section 3) is amended to read:
"28-16A-3. DEFINITIONS.--As used in the Developmental
Disabilities Act:
A. "assessment" means a process for measuring and
determining a person's strengths, needs and preferences to

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determine eligibility for support and services and to develop
or modify an individual support and service plan;
B. "case management" means a process that:
(1) assists a person with a developmental
disability to know and understand the person's choices and
rights and to obtain support and services that the person is
eligible to receive and that are reflected in the individual
support and service plan; and
(2) monitors the provision of support and
services received by a person with a developmental
disability;
C. "comprehensive review and analysis" means the
comprehensive review and analysis conducted pursuant to
Subsection A of Section 28-16A-7 NMSA 1978;
D. "council" means the developmental disabilities
council;
E. "department" means the department of health;
F. "diagnostic evaluation" means an empirical
process that determines if, and to what degree, a person has
a developmental deficiency and the type of intervention and
services that are needed for the person and that person's
family;
G. "inclusive" means using the same community
resources that are used by and available to all citizens and
developing relationships with nonpaid caregivers or

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recipients of support and services for persons with
developmental disabilities;
H. "individual support and service plan" means a
plan developed by an interdisciplinary team and agreed to by
a person with a developmental disability, or by a parent of a
minor or a legal guardian, as appropriate, that describes the
combination and sequence of special, interdisciplinary or
generic care, treatment or other support and services that
are needed and desired by a person with a developmental
disability;
I. "interdisciplinary team" means a group of
persons drawn from or representing professions that are
relevant to identifying the needs of a person with a
developmental disability and designing a program to meet that
person's needs. The team shall include the person with a
developmental disability, the parent of a minor child or a
legal guardian, as appropriate;
J. "self-determination" means having:
(1) the ability and opportunity to:
(a) communicate and make personal
decisions;
(b) communicate choices and exercise
control over the type and intensity of services, supports and
other assistance that an individual receives; and
(c) participate in, and contribute to,

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an individual's community;
(2) the authority to control resources to
obtain needed services, supports and other assistance; and
(3) support, including financial support, to
advocate for oneself and others, develop leadership skills
through training in self-advocacy, participate in coalitions,
educate policymakers and play a role in the development of
public policies that affect individuals with developmental
disabilities; and
K. "service provider" means a nonprofit
corporation, tribal government or tribal organization, unit
of local government or other organization that has entered
into a contract or provider agreement with the department for
the purpose of providing developmental disabilities support
and services."
SECTION 4. Section 28-16A-4 NMSA 1978 (being Laws 1993,
Chapter 50, Section 4) is amended to read:
"28-16A-4. DEVELOPMENTAL DISABILITIES COUNCIL--
CREATION--MEMBERSHIP--TERMS.--
A. The "developmental disabilities council" is
created in accordance with the federal Developmental
Disabilities Assistance and Bill of Rights Act. The council
shall be an adjunct agency as provided in the Executive
Reorganization Act.
B. The cou