N.M. Admin. Code § 8.371.2.27

Current through Register Vol. 36, No. 1, January 14, 2025

Section 8.371.2.27 - CLIENT RIGHTS

Any facility licensed pursuant to these regulations must support, protect, and enhance the rights of clients as listed below:

A. Information: Each client or legal guardian must be fully informed before or at time of admission, of their rights and responsibilities and of all rules governing clients conduct.

(1) If a facility amends its policies on client rights and responsibilities and its rules governing conduct the clients must be immediately informed.

(2) Each client and or legal guardian must acknowledge, in writing, that they have been informed of these rights.

(3) Each client and or legal guardian must be fully informed, in writing, of all services available in the facility and of the charges for these services. If charges change the client must be immediately informed.

B. Medical condition and treatment: Each client must be fully informed by a physician of their health and medical condition unless the physician decides that informing the client is medically contraindicated.

(1) Each client must be given the opportunity to participate in planning their total care and medical treatment.

(2) Each client must be given the opportunity to refuse treatment.

(3) Each client must give informed, written consent before participating in experimental research.

C. Transfer and discharge: Each client must be transferred or discharged only for:

(1) medical reasons;

(2) their welfare or that of the other residents;

(3) non payment for services rendered;

(4) the client requests to be discharged;

(5) the client no longer requires an active treatment program.

D. Exercising rights: Each client must be encouraged and assisted to exercise their rights as a client of the facility and as a citizen and allowed to submit complaints or recommendations concerning the policies and services of the facility.

E. Financial affairs: Each client must be allowed to possess and use money in normal ways or be learning to do so.

F. Freedom from abuse and restraints: Each client must be free from mental and physical abuse and free from chemical and physical restraints unless necessary as part of their treatment plan.

G. Privacy: Each client must be treated with consideration, respect, and full recognition of their dignity and individuality.

(1) Each client must be given privacy during treatment and care of personal needs.

(2) Each client's record, including information in an automatic data bank (computer), must be treated confidentially.

(3) Each client must give written consent before the facility may release information from their record to someone not otherwise authorized by law to receive it.

(4) A married client must be given privacy during visits by their spouse. If husband and wife are both clients in the facility they must be permitted to share a room.

H. Work: No client shall be required to perform services for the facility for which they are not paid.

I. Freedom of association and correspondence: Each client must be allowed to:

(1) communicate, associate, and meet privately with individuals of their choice, unless this infringes on the rights of another client;

(2) send and receive personal mail unopened.

J. Activities: Each client must be allowed to participate in social, religious, and community group activities, unless the interdisciplinary team determines that these activities are contraindicated for a client. Any such determination must be documented in the client's records.

K. Personal possessions: Each client must be allowed to retain and use their personal possessions and clothing as space permits.

N.M. Admin. Code § 8.371.2.27

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024