N.M. Admin. Code § 8.370.16.25 - HOUSING RESIDENTS IN LOCKED UNITS
Definitions as used in this section:
A. Locked unit: means a ward, wing or room
which is designated as a protected environment and is secured in a manner that
prevents a resident from leaving the unit at will. A physical restraint applied
to the body is not a locked unit. A facility locked for purposes of security is
not a locked unit, provided that residents may exit at will. An alarmed unit
does not constitute a locked unit.
B. Consent: means a written, signed request
given without duress by a resident capable of understanding the nature of the
locked unit, the circumstances of one's condition, and the meaning of the
consent to be given.
(1) A resident or
responsible party may give consent to reside in a locked unit.
(2) The consent shall be effective only for
90 days from the date of the consent, unless revoked. Consent may be renewed
for 90 day periods pursuant to this subsection.
(3) The consent may be revoked by the
resident if competent or by legal guardian at any time. The resident shall be
transferred to an unlocked unit promptly following revocation.
C. Emergencies: In an emergency, a
resident may be confined in a locked unit if necessary to protect the resident
or others from injury or to protect property, providing the facility
immediately attempts to notify the physician for instructions. A physician's
orders for the confinement must be obtained within 12 hours. No resident may be
confined for more than an additional hours under order of the
physician.
Notes
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