N.M. Admin. Code § 8.371.6.9
Current through Register Vol. 35, No. 23, December 10, 2024
Section 8.371.6.9 - CONSENT SCREENING FOR PERSONS ENTERING COMMUNITY LIVING FACILITIESA. Prior to admission into a community living setting, community agencies shall convene an interdisciplinary team (IDT) to determine if the person served has the ability to consent to a residential placement or is likely to need consent screening. This determination and its justification is to be documented in writing. If the IDT determines: (1) that the person served does not need consent screening, then the person served should at this point be given the option to accept or reject the community agency's services.(2) that the person served needs consent screening, the ability to consent should then be determined using the consent screening instrument.B. The community living setting will have a written review process that provides an expedient means to re-evaluate the person's ability to give consent. The process shall describe steps in the procedure and timelines governing the procedure.C. If the person served is found able to give consent then they should have the option to accept or reject the community agency's services.D. At any time the person served or guardian believes the person served has the ability to give consent, they can have their consent status reviewed and request a new consent screening.E. The need for consent screening should be reviewed by the IDT at least once a year.(1) If the person served did not pass the consent screening at the time of the initial admission, then the consent screening must be administered within one year and annually thereafter.(2) If the person served was able to give consent, the IDT will be required to review the need to administer the consent screening instrument when it has reasonable grounds for believing that the client may no longer be capable of providing consent.N.M. Admin. Code § 8.371.6.9
Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024