New Mexico § 43-1-6 - Personal rights of residential clients

§ 43-1-6. Personal rights of residential clients

All clients who receive residential treatment or habilitation services shall have

the rights provided in this section. A. Subject to restrictions by a physician for good cause, each resident client has

the right to receive visitors of his own choosing daily. Hours during which visitors may be received shall be limited only in the interest

of effective treatment and the reasonable efficiency of the supervised residential

facility and shall be sufficiently flexible to accommodate the individual needs of

the resident client and his visitors. Notwithstanding the above, each resident client has the right to receive visits

from his attorney, physician, psychologist, clergyman or social worker in private

at any reasonable time, irrespective of visiting hours, provided the visitor shows

reasonable cause for visiting at times other than normal visiting hours. B. Writing material and postage stamps shall be reasonably available for the resident

clients' use in writing letters and other communications. Reasonable assistance shall be provided for writing, addressing and posting letters

and other documents upon request. The resident client has the right to send and receive sealed and uncensored mail. The resident client has the right to reasonable private access to telephones and,

in cases of personal emergencies when other means of communication are not satisfactory,

he shall be afforded reasonable use of long distance calls. Provided that for other than mail or telephone calls to a court or an attorney,

a physician or certified psychologist may, for good cause, restrict mailing or telephone

privileges. A resident client who is indigent shall be furnished such writing, postage and telephone

facilities without charge. C. Each resident client has the right to follow or abstain from the practice of religion. The supervised residential facility shall provide appropriate assistance in this

connection including reasonable accommodations for religious worship and transportation

to nearby religious services. Clients who do not wish to participate in religious practice shall be free from

pressure to do so or to accept religious beliefs. D. Each resident client has the right to a humane psychological and physical environment. He shall be provided a comfortable bed and adequate changes of linen and reasonable

storage space for his personal possessions. Except when curtailed for reason of safety or therapy as documented in his record

by his physician, he shall be afforded reasonable privacy in his sleeping and personal

hygiene practices. E. Each resident client shall have reasonable daily opportunities for physical exercise

and outdoor exercise and shall have reasonable access to recreational areas and equipment. F. Each resident client has the right to a nourishing, well-balanced, varied and appetizing

diet. G. Each resident client has the right to prompt and adequate medical attention for

any physical ailments and shall receive a complete physical examination upon admission

and at least once every twelve months thereafter; provided, however, that clients

who have received a complete physical examination within two days prior to the current

admission shall not receive a complete physical examination unless the physician deems

it necessary. H. All resident clients have the right to a clean, safe, comfortable environment in

a structure which complies with generally applicable fire safety requirements. I. All resident clients have a right to be free from unnecessary or excessive medication. No medication shall be administered unless at the written order of a licensed physician

or by a verbal order, noted promptly in the patient's medical record and signed by

the physician within twenty-four hours. Medication shall be administered only by a licensed physician, registered nurse

or licensed practical nurse or by a medical or nursing student under the direct supervision

of a licensed physician or registered nurse. The attending physician shall be responsible for all medication given or administered

to a resident client. Notation of each individual's medication shall be kept in his medical records and

shall include a notation by the physician of the behavioral or symptomatic baseline

data upon which the medication order was made. The attending physician shall review on a regular basis the drug regimen of each

resident client under his care. All prescriptions for psychotropic medications shall be written with a termination

date which shall not exceed thirty days. Medication shall not be used as a punishment, for the convenience of staff, as a

substitute for programs or in quantities that interfere with the client's treatment

or habilitation program.