N.M. Admin. Code § 8.371.3.10

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

Section 8.371.3.10 - CLIENT RIGHTS

Unless expressly modified by court order or specifically granted to a guardian or conservator, all clients have:

A. the same legal rights guaranteed to all other individuals under the United States Constitution, New Mexico State Constitution, and federal and state laws;

B. the right to be free from unlawful discrimination on the basis of race, age, religion, color, national origin, ancestry, sex, sexual preference, physical or mental handicap or medical condition;

C. the right to be free from emotional or psychological abuse, physical abuse, sexual abuse, neglect and exploitation of their personal property;

D. the right to practice the religion of their choice or to abstain from the practice of religion;

E. the right to safe working conditions, hours of labor and wages for labor consistent with the Fair Labor Standards Act and other applicable federal and state laws, and worker's compensation, except that clients receiving residential services may be required to do normal housekeeping and home maintenance chores; clients shall not be required to perform labor involving the essential operation of the service provider, including the care and treatment of other clients; clients may volunteer to do labor, consistent with federal and state labor laws; if a client volunteers to do work for which the program would otherwise be required to pay non-clients, the client shall be paid a commensurate wage;

F. the right to consent to or refuse medical treatment, medical services, and other forms of habilitation services or supports, consistent with the ISP regulations and the duties of a parent, guardian or treatment guardian pursuant to the requirements of the Children's Mental Health and Developmental Disabilities Act, Section 32A-6-14 NMSA 1978 (1993 Repl.) or the Mental Health and Developmental Disabilities Act, Section 43-1-15 NMSA 1978 (1993 Repl.);

G. the right to have privacy, including both periods of privacy and places of privacy;

H. the right to communicate freely with persons of their choice in any reasonable manner and at any reasonable time they choose;

I. the right to own, use and control real property and personal possessions;

J. the right to engage in social interaction with members of either sex;

K. the right to enter into contract, including the contract to marry;

L. the right to engage in consensual sexual activity, except sexual activity defined as sexual abuse;

M. the right to procreate and to parent or not to procreate;

N. the right to manage their financial affairs, unless the client has a court appointed guardian or conservator or access to their funds is restricted by the individual service plan; a service provider who manages the funds of a client pursuant to the client's individual service plan shall comply with applicable federal standards or regulations and the following requirements:

(1) the service provider shall have obtained informed consent and written authorization from the client or the guardian or conservator, which shall state the service provider's responsibilities;

(2) the service provider shall maintain a written record of all financial transactions involving the funds of the client and shall make the record available to the client and the guardian or conservator upon request;

(3) the service provider shall provide for the safekeeping of the funds, shall keep the funds separate from all other funds and shall be held strictly accountable for the funds and any interest;;

(4) the service provider shall return the funds to the client or guardian or conservator, including interest, upon request. Upon the death of a client, the service provider shall provide the executor or personal representative a complete accounting of all funds and property;

O. the right to participate in the political process, including the right to vote;

P. the right to have access to their records, except as expressly limited by statute, and to have confidential treatment of all information in their records, including personal and medical records; confidentiality does not preclude access to an individual's records by an individual or organization otherwise entitled under federal or state law to review records;

Q. the right to voice grievances and complaints and to recommend changes in service provider policies and services without restraint, interference, coercion, discrimination or reprisal;

R. the right to have access to available advocacy services, including consultation and assistance on the individual's concerns and training on legal rights;

S. the right to refuse to participate in medical or psychological research experimentation;

T. the right to be free from excessive use of medical restraint;

U. the right to be free from the use of chemical restraint;

V. the right to be free from the use of physical restraint except in an emergency;

W. the right to be free from limitations on freedom of movement except in an emergency;

X. the right to be free from the use of mechanical restraint; and

Y. the right to be free from the use of aversive procedures.

N.M. Admin. Code § 8.371.3.10

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