New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 14 - JUVENILE JUSTICE
Part 4 - FACILITY MEDICAL AND BEHAVIORAL HEALTH SERVICES
Section 8.14.4.8 - HEALTH SERVICES ORGANIZATION AND MANAGEMENT
Current through Register Vol. 35, No. 18, September 24, 2024
A. A medical health authority is established at the JJS level to oversee the provision of medical health care to all facility clients. A medical health authority may be appointed at the juvenile justice facility level to oversee the provision of medical services to clients at a specific JJS facility.
B. A behavioral health authority is established at the JJS level to oversee the provision of behavioral health care to all facility clients. A behavioral health authority at the juvenile justice facility level may be appointed to oversee the provision of behavioral health services to clients at a specific JJS facility.
C. Standards of care: Medical and behavioral health authorities are responsible for standards of care regarding access and quality of care.
D. Planning and monitoring: Medical, behavioral health and administrators at CYFD, JJS and facility levels jointly develop comprehensive plans for the delivery of medical and behavioral health services at juvenile justice facilities. Medical, behavioral health and administrators at CYFD, JJS and facility levels jointly monitor and resolve problems related to medical, dental and behavioral health care.
E. Quality assurance and continuous quality improvement systems are in place at CYFD, JJS and facility level to monitor and review health and behavioral health care access and delivery at facilities.
F. Emergency response plans are in place at all facilities to protect the health, safety and welfare of clients, staff and visitors during emergencies. Facility emergency response plans include medical and behavioral health components.
G. Grievance system: Clients have a right to question health care decisions and services. A grievance system is in place to process and resolve them.
H. Incident reporting and review: An incident reporting system is in place that identifies medical or behavioral health related events occurring at JJS facilities that must be reported to designated department level management.
I. Notification: Medical and behavioral health authorities, the OIC or designees notify the client's parent/guardian/custodian of any serious illness, surgery, injury, or death.
J. Prison Rape Elimination Act compliance: Each facility has written procedures regarding the detection, prevention, reduction and punishment of rape consistent with federal law.
K. Client and family participation; refusal of care; consent to care: Medical and behavioral health staff encourages client and family participation in medical and behavioral health care as indicated. Statutory requirements regarding informed consent for medical and behavioral health care are followed.
L. Any biomedical, behavioral, or other research using JJS clients as subjects shall be conducted only with the written informed consent of the client, and the written informed consent of the client's parent(s) or legal custodian or guardian if the client is a minor, and shall conform to established ethical, medical and regulatory standards for human research. Any person desiring to conduct biomedical, behavioral or other research using JJS clients as subjects must document to CYFD that the research project will conform to federal regulations that apply to persons who are incarcerated and to children, if the clients involved in the research project are minors. Any research project approved by appropriate external reviewers must then be reviewed and approved or disapproved by the JJS director to ensure that the project conforms with the policies of CYFD before the research project may begin.
M. Forensic information: The role of medical and behavioral health services staff is to serve the health needs of clients. Medical and behavioral health treatment staff is prohibited from participating in the collection of forensic information.
N. Deaths: The medical health authority reviews all deaths and findings are made regarding appropriateness of clinical care and need for corrective action.
O. Response to person hanging: Any facility staff member finding another person hanging by the neck places the highest priority on preserving the client's life.
