N.M. Admin. Code § 8.321.8.22

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

Section 8.321.8.22 - EMERGENCY SERVICES

A. Services in an agency may be provided on an emergency basis to any individual believed to be diagnosed as having a substance related disorder when the agency determines that:

(1) there is imminent danger that the physical health or safety of the individual will be seriously impaired if the services are not provided, and that the normal admissions procedure, including screening, cannot be accomplished in time to avoid danger; or

(2) there is imminent danger that the physical health or safety of the individual will be seriously impaired if the services are not provided, and the person has been evaluated and found unable to consent to admission, but does not have a guardian.

B. When emergency services are provided, the agency shall document the nature of the emergency and the reason for failing to comply with any section or paragraph of these regulations, and copies of the document shall be placed in the individuals case record and shall be sent to the individual, his parents, spouse, guardian or advocate, if applicable.

C. When an individual is receiving emergency services, the agency shall determine if the individual has been evaluated, and if the individual has not, shall make diligent efforts to evaluate the individual as soon as possible. Once completed, the results of the evaluation shall determine if the individual will continue to receive services, unless a court or the New Mexico health care authority (authority) orders the agency to continue to provide services while an issue is resolved in a judicial hearing or within the authority. Emergency services shall not be provided of more than seven days before an evaluation is begun, or for more than 14 days in total, unless a court or the authority orders otherwise, or unless the individual would have been admitted under Section 19 had he had a guardian.

D. The provisions of the section apply to both minors and adults.

N.M. Admin. Code § 8.321.8.22

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024