N.M. Admin. Code § 8.371.3.11

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

Section 8.371.3.11 - RESTRICTIONS OR LIMITATION OF CLIENT'S RIGHTS

A. A service provider shall not restrict or limit a client's rights except:

(1) where the restriction or limitation is allowed in an emergency and is necessary to prevent imminent risk of physical harm to the client or another person; or

(2) where the interdisciplinary team has determined that the client's limited capacity to exercise the right threatens their physical safety; or

(3) as provided for in Subsection N of 8.371.3.10 NMAC.

B. Any emergency intervention to prevent physical harm shall be reasonable to prevent harm, shall be the least restrictive intervention necessary to meet the emergency, shall be allowed no longer than necessary and shall be subject to interdisciplinary team (IDT) review. The IDT upon completion of its review may refer its findings to the office of quality assurance. The emergency intervention may be subject to review by the service provider's behavioral support committee or human rights committee in accordance with the behavioral support policies or other authority regulation or policy.

C. The service provider may adopt reasonable program policies of general applicability to clients served by that service provider that do not violate client rights.

N.M. Admin. Code § 8.371.3.11

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