N.M. Admin. Code § 8.321.11.27

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.321.11.27 - CLIENT RIGHTS

A. All licensed facilities shall understand, protect and respect the rights of all residents. Prior to admission to a CTC, a client, parent, shall be given the applicable written description of the adult's or youth's legal rights, translated into client's preferred language, if necessary, to meet the client's understanding.

B. A written copy of the adult client's legal rights shall be provided to the adult client, or agent, if applicable, or to the most significant responsible party in the following order:

(1) the client's spouse;

(2) significant other;

(3) any of the client's adult children;

(4) the client's parents;

(5) the client's advocate.

C. The client rights shall be posted in a conspicuous public place in the facility and shall include the telephone numbers to contact the authority to file a complaint.

D. To protect client rights, the CTC shall:

(1) treat all clients with courtesy, respect, dignity and compassion;

(2) not discriminate in admission or services based on gender, gender identity, sex, sexual orientation, client's age, race, color, religion, physical or mental disability, or national origin;

(3) provide clients written information about all services provided by the CTC and their costs and give advance written notice of any changes;

(4) provide clients with a clean, safe and sanitary living environment;

(5) provide a humane psychological and physical environment of care for all clients;

(6) provide the right to privacy, including privacy during assessments, examinations, consultations and treatment;

(7) protect the confidentiality of the client's clinical record;

(8) protect the right to personal privacy, including privacy in personal hygiene; privacy during visits with a spouse, family member or other visitor; and reasonable privacy in the client's own room;

(9) protect the client's right to receive visitors during designated visiting hours except when restricted for good cause pursuant to a physician's order;

(10) protect the client's right to receive visits from his attorney, physician, psychologist, clergyman, or social worker in private irrespective of visiting hours;

(11) provide clients the ability to send and receive private correspondence, as well as reasonable private access to telephone calls and, in cases of personal emergencies, reasonable use of longdistance calls;

(12) ensure that clients:

(a) are free from physical and emotional abuse, neglect, and exploitation;

(b) are free to participate or abstain from the practice of religion and shall be afforded reasonable accommodations to worship;

(c) have the right to reasonable daily opportunities for physical exercise and outdoor exercise and shall have reasonable access to recreational areas and equipment;

(d) have the right to voice grievances to the CTC staff, public officials, any state agency, or any other person, without fear of reprisal or retaliation;

(e) have the right to prompt and adequate medical attention for physical ailments;

(f) have the right to have their grievance addressed within five days;

(g) have the right to participate in the development of their crisis stabilization plan;

(h) have the right to participate in treatment decisions and formulate advance directives such as living wills and powers of attorney;

(i) have the right to refuse treatment and to be free from unnecessary or excessive medication; and

(j) have the right to manage and control their personal finances.

N.M. Admin. Code § 8.321.11.27

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