Section 24-26-1 – Short title.

This act [24-26-1 to 24-26-12 NMSA 1978] may be cited as the “Patient Care Monitoring Act”. History: Laws 2004, ch. 53, § 1. ANNOTATIONS

Section 24-26-10 – Rules.

The agency shall adopt rules necessary to implement the provisions of the Patient Care Monitoring Act. History: Laws 2004, ch. 53, § 10. ANNOTATIONS

Section 24-26-11 – Prohibited acts.

No person or patient shall be denied admission to or discharged from a facility or be otherwise discriminated against or retaliated against because of a choice to authorize installation and use of a monitoring device. Any person who violates this section shall be subject to the provisions of Section 28-17-19 NMSA 1978. History: Laws 2004, […]

Section 24-26-12 – Criminal acts.

Any person other than a patient or surrogate found guilty of intentionally hampering, obstructing, tampering with or destroying a monitoring device or a recording made by a monitoring device installed in a facility pursuant to the Patient Care Monitoring Act is guilty of a fourth degree felony and shall be sentenced pursuant to Section 31-18-15 […]

Section 24-26-2 – Definitions.

As used in the Patient Care Monitoring Act: A. “agency” [department] means the state agency on aging [aging and long-term services department]; B. “facility” means a long-term care facility licensed pursuant to the provisions of Section 24-1-5 NMSA 1978, other than an intermediate care facility for the mentally retarded, and may also include: (1) a […]

Section 24-26-3 – Monitoring device; authorization and use.

A. A patient or a surrogate may authorize installation and use of a monitoring device in a facility provided that: (1) the facility is given notice of the installation; (2) if the monitoring device records activity visually, such recording shall include a record of the date and time; (3) the monitoring device and all installation […]

Section 24-26-4 – Monitoring device option; installation; accommodation by facility.

A. At the time of admission to a facility, a patient shall be offered the option to have a monitoring device, and a record of the patient’s authorization or choice not to have a monitoring device shall be kept by the facility and shall be made accessible to the program. B. After authorization, consent and […]

Section 24-26-5 – Consent; waiver.

A. Consent to the authorization for the installation and use of a monitoring device may be given only by the patient or the surrogate. 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 […]

Section 24-26-6 – Authorization form; contents.

The form for the authorization of installation and use of a monitoring device shall provide for: A. consent of the patient or the surrogate authorizing the installation and use of the monitoring device; B. notice to the facility of the patient’s installation of a monitoring device and specifics as to its type, function and use; […]

Section 24-26-7 – Immunity; unauthorized use.

A. In any civil action against the facility, material obtained through the use of a monitoring device may not be used if the monitoring device was installed or used without the knowledge of the facility or without the prescribed form. B. Compliance with the provisions of the Patient Care Monitoring Act shall be a complete […]

Section 24-26-8 – Notice to current patients.

Within six months of the effective date of the Patient Care Monitoring Act, all facilities shall provide to each patient or surrogate a form prescribed by the agency explaining the provisions of the Patient Care Monitoring Act and giving each patient or surrogate a choice to have a monitoring device installed in the patient’s room. […]

Section 24-26-9 – Notice.

The facility shall post a notice in a conspicuous place at the entrance to a room with a monitoring device that a monitoring device is in use in that room of the facility. History: Laws 2004, ch. 53, § 9. ANNOTATIONS