N.M. Code R. § 9.2.23.12 - CONSENT OF ROOMMATES
A.
Consent of a roommate to the installation and use of a monitoring device by a
patient or surrogate may be given only by the roommate or the roommate's
surrogate.
(1) If a roommate has capacity to
consent, only the roommate may do so, notwithstanding the terms of any durable
power of attorney, advance health-care directive, or similar
instrument.
(2) If a roommate does
not have capacity to consent, only the roommate'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 roommate is presumed to have capacity
to consent unless the roommate 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 roommate's right to privacy
insofar as the use of the monitoring device is concerned.
C. A roommate or the roommate's surrogate may
condition or limit consent on the use, including the time of operation,
direction, focus or volume, of a monitoring device.
D. A roommate or the roommate's surrogate may
reverse a choice to give, not give, or limit consent at any time, after notice
to the facility on a form prescribed by the department.
E. If a monitoring device is being used in
the room of a patient and a new roommate, who has not yet consented to the use
of the monitoring device, moves into the room, monitoring shall cease until the
new roommate, or the new roommate's surrogate, has consented in accordance with
this section.
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