- 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 year of age.
[8.10.7.24 NMAC - Rp, 8.10.7.20 NMAC, 3/31/2010]