New Mexico Administrative Code
Title 9 - HUMAN RIGHTS
Chapter 2 - AGE
Part 23 - PATIENT CARE MONITORING IN LONG TERM CARE FACILITIES
Section 9.2.23.11 - CONSENT OF PATIENT
Universal Citation: 9 NM Admin Code 9.2.23.11
Current through Register Vol. 35, No. 18, September 24, 2024
A. Consent to the authorization for the installation and use of a monitoring device may be given only by a patient or surrogate.
(1) If a patient has capacity to consent,
only the patient may do so, notwithstanding the terms of any durable power of
attorney, advance health-care directive, or similar instrument.
(2) If a patient does not have capacity to
consent, only the patient's surrogate may give consent. If there is a dispute
among surrogates within the same priority class under the Uniform Health-Care
Decisions Act, none of them can give consent.
(3) A patient is presumed to have capacity to
consent unless the patient has been determined to be incapacitated by a court
of competent jurisdiction or by two qualified health-care professionals, one of
whom shall be the primary physician, in accordance with the terms of the
Uniform Health-Care Decisions Act.
B. Consent to the authorization for the installation and use of a monitoring device shall include a release of liability for the facility for a violation of the patient's right to privacy insofar as the use of the monitoring device is concerned.
C. A patient or surrogate may reverse a choice to have or not have a monitoring device installed and used at any time, after notice to the facility on a form prescribed by the department.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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