N.M. Admin. Code § 8.371.3.7

Current through Register Vol. 35, No. 23, December 10, 2024
Section 8.371.3.7 - DEFINITIONS
A."Aversive procedures" means those prohibited procedures, including, but not limited to, taste and odor aversives, excessive deprivation or stimulation of basic sensory experiences, any device or intervention intended to cause pain or unpleasant sensations, electric shock, isolation, mechanical restraint, forced exercise, withholding of food, water or sleep, inappropriate clothing, humiliation and water mist, as defined in the division's behavioral support policy.
B."Client" means a person with developmental disabilities who is receiving supports and services for individuals with developmental disabilities by a service provider certified by, or funded in whole or in part with state funds administered by the authority through contracts or agreements.
C."Complainant" means a client or their legal guardian who files a complaint pursuant to this regulation.
D."Chemical restraint" means the use of medication, including psychoactive medication, as punishment, as a substitute for a habilitation or in quantities that interfere with services or habilitation, for the convenience of staff, or for unreasonable restricting a client's freedom of movement, other than in an emergency where there is a substantial and imminent risk of serious physical harm to the client or others.
E."Days" means calendar days.
F."Developmental disabilities" means a severe chronic disability of a person that:
(1) is attributable to a mental or physical impairment, including the result from trauma to the brain, or a combination of mental and physical impairments;
(2) is manifest before the person reaches the age twenty-two years;
(3) is expected to continue indefinitely;
(4) results in substantial functional limitations in three or more of the following areas of major life activity:
(a) self-care;
(b) receptive and expressive language;
(c) learning;
(d) mobility;
(e) self-direction;
(f) capacity for independent living; and
(g) economic self-sufficiency; and
(5) reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services that are of life-long or extended duration and are individually planned and coordinated.
G."Director" means the director, developmental disabilities division or the director's designate.
H."Division" means the developmental disabilities division of the authority.
I."Emergency" means a circumstance in which the health or safety of the client or another person is in imminent risk of harm and immediate action is necessary to prevent the harm.
J."Emotional or psychological abuse" means use of verbal or other communication to threaten a client with physical harm or to ridicule, curse, humiliate, degrade or antagonize a client, or any similar action
K."Exploitation of a client's personal property" means intentionally, knowingly or recklessly using a client's person or property for another person's profit, advantage, or benefit without legal right or authority. Exploitation includes failure to compensate a client for services or work for which he or she is entitled to compensation.
L."Facilities" means institutions operated by the authority.
M."Guardian" means the parent of an individual with developmental disabilities if the client is a minor or a legal guardian appointed or recognized pursuant to the Uniform Probate Code, Section 45-5-11, et seq. NMSA 1978 (1993 Repl.).
N."Mechanical restraint" means any apparatus that restricts a client's movement excluding mechanical supports designed by a physical therapist and approved by a physician or designed by an occupational therapist that is used to achieve proper body position and excluding protective devices.
O."Medical restraint" means any apparatus prescribed by a physician, dentist or medical practitioner acting within the scope of their license, as health-related protection that restricts a client's movement during the conduct of a specific medical or surgical procedure.
P."Neglect" means, subject to the client's right to refuse treatment and subject to medical personnel's right to exercise sound medical discretion:
(1) the failure to provide any treatment, services, care, medication or item that is necessary to maintain the health and safety of a client;
(2) the failure to take reasonable precaution that is necessary to prevent damage to the health and safety of a client; or
(3) the failure to carry out a duty to supervise properly or control the provision of any treatment, care, goods, services, or medication necessary to maintain the health or safety of a client.
Q."Office" means the office of quality assurance or a regional office within the developmental disabilities division.
R."Plan" means the individual service plan for services, treatment or habilitation developed by the interdisciplinary team.
S."Physical abuse" means any act, or failure to act, performed knowingly, intentionally or recklessly that causes or is likely to cause harm. Physical abuse includes, but is not limited to, physically striking or assaulting a client, hitting, slapping, pinching, kicking, pushing, dragging, shaking, squeezing, choking and shoving. Physical contact which endangers the safety of a client as well as handling the client with more force than is necessary also constitute physical abuse.
T.Physical restraint" means the use of manual methods to restrict the movement or normal functioning of a portion of an individual's body other than physical guidance and prompting techniques of brief duration.
U."Protective devices" means helmets, safety goggles or glasses, guards, mitts, gloves, pads and other common safety devices that are normally used or recommended for use by persons without disabilities while engaged in a sport, occupation, or during transportation.
V."Service provider" means a private entity that has entered into a contract or provider agreement with the authority or that is certified by the authority for the purpose of providing supports and services to individuals with developmental disabilities. When the context requires, the service provider means the executive director or administrator having authority to bind the service provider. Service provider does not include facilities operated by the authority.
W.Sexual abuse" means sexual activity between a client and staff, nonconsensual sexual activity or contact with others without regard to injury, and sexual exploitation. Sexual activity includes, but is not limited to kissing, hugging, stroking or fondling with sexual intent; oral sex or sexual intercourse; and request or suggestion or encouragement by staff for performance of sex with the employee or another. Sexual intent is to be determined by an examination of all the circumstances related to the incident. Sexual exploitation includes sexual exploitation as defined in the Abuse and Neglect Act, Subsection F of Section 32A-4-2 NMSA 1978 and allowing, permitting or encouraging obscene or pornographic filming or photographing of an adult client without their consent for commercial or noncommercial purposes.

N.M. Admin. Code § 8.371.3.7

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