N.M. Stat. § 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.