N.M. Code R. § 9.2.23.11 - CONSENT OF PATIENT
A.
Consent to the authorization for the installation and use of a monitoring
device may be given only by a patient or surrogate.
(1) If a patient has capacity to consent,
only the patient may do so, notwithstanding the terms of any durable power of
attorney, advance health-care directive, or similar instrument.
(2) If a patient does not have capacity to
consent, only the patient's surrogate may give consent. If there is a dispute
among surrogates within the same priority class under the Uniform Health-Care
Decisions Act, none of them can give consent.
(3) A patient is presumed to have capacity to
consent unless the patient has been determined to be incapacitated by a court
of competent jurisdiction or by two qualified health-care professionals, one of
whom shall be the primary physician, in accordance with the terms of the
Uniform Health-Care Decisions Act.
B. Consent to the authorization for the
installation and use of a monitoring device shall include a release of
liability for the facility for a violation of the patient's right to privacy
insofar as the use of the monitoring device is concerned.
C. A patient or surrogate may reverse a
choice to have or not have a monitoring device installed and used at any time,
after notice to the facility on a form prescribed by the department.
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