N.M. Code R. § 16.2.12.31

Current through Register Vol. 35, No. 16, August 27, 2024

Section 16.2.12.31 - FAILURE TO OBTAIN INFORMED CONSENT

Pursuant to Paragraph (5) of Subsection A of Section 61-14A-17 NMSA 1978, a doctor of oriental medicine, temporary licensee, extern, educational program or applicant for approval of an educational program shall be guilty of unprofessional conduct who fails to obtain, from the patient, a written informed consent for diagnosis and treatment that gives the patient at least a description of the types of diagnostic and treatment services used and any associated potential risks and sensations. The written informed consent shall also contain an explanation that the following will be discussed orally with the patient:

A. an estimate of the number of times the patient may need to return for treatment;

B. the frequency of treatment; and

C. the possible outcome of the diagnostic procedure or treatment service. The written informed consent shall also contain a statement that the patient shall have the choice to accept or reject the proposed diagnostic procedure or treatment, or any part of it, before or during the diagnosis or treatment.

N.M. Code R. § 16.2.12.31

5-1-97, A, 8-31-98, A, 5-15-99; 16.2.12.31 NMAC - Rn & A, 16 NMAC 2.12.31, 8-13-01, Adopted by New Mexico Register, Volume XXXIII, Issue 02, January 26, 2022, eff. 2/11/2022