New Mexico Administrative Code
Title 7 - HEALTH
Chapter 26 - DEVELOPMENTAL DISABILITIES
Part 3 - RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES LIVING IN THE COMMUNITY
Section 7.26.3.11 - RESTRICTIONS OR LIMITATION OF CLIENT'S RIGHTS

Universal Citation: 7 NM Admin Code 7.26.3.11

Current through Register Vol. 35, No. 6, March 26, 2024

A. A service provider shall not restrict or limit a client's rights except:

(1) where the restriction or limitation is allowed in an emergency and is necessary to prevent imminent risk of physical harm to the client or another person; or

(2) where the interdisciplinary team has determined that the client's limited capacity to exercise the right threatens his or her physical safety; or

(3) as provided for in Section 10.1.14 [now Subsection N of 7.26.3.10 NMAC].

B. Any emergency intervention to prevent physical harm shall be reasonable to prevent harm, shall be the least restrictive intervention necessary to meet the emergency, shall be allowed no longer than necessary and shall be subject to interdisciplinary team (IDT) review. The IDT upon completion of its review may refer its findings to the office of quality assurance. The emergency intervention may be subject to review by the service provider's behavioral support committee or human rights committee in accordance with the behavioral support policies or other department regulation or policy.

C. The service provider may adopt reasonable program policies of general applicability to clients served by that service provider that do not violate client rights.

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