New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 3 - RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES LIVING IN THE COMMUNITY › Section 8.371.3.10 - CLIENT RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless expressly modified by court order or specifically
				  granted to a guardian or conservator, all clients have:
A. the same legal rights guaranteed to all
				other individuals under the United States Constitution, New Mexico State
				Constitution, and federal and state laws;
B. the right to be free from unlawful
				discrimination on the basis of race, age, religion, color, national origin,
				ancestry, sex, sexual preference, physical or mental handicap or medical
				condition;
C. the right to be free
				from emotional or psychological abuse, physical abuse, sexual abuse, neglect
				and exploitation of their personal property;
D. the right to practice the religion of
				their choice or to abstain from the practice of religion;
E. the right to safe working conditions,
				hours of labor and wages for labor consistent with the Fair Labor Standards Act
				and other applicable federal and state laws, and worker's compensation, except
				that clients receiving residential services may be required to do normal
				housekeeping and home maintenance chores; clients shall not be required to
				perform labor involving the essential operation of the service provider,
				including the care and treatment of other clients; clients may volunteer to do
				labor, consistent with federal and state labor laws; if a client volunteers to
				do work for which the program would otherwise be required to pay non-clients,
				the client shall be paid a commensurate wage;
F. the right to consent to or refuse medical
				treatment, medical services, and other forms of habilitation services or
				supports, consistent with the ISP regulations and the duties of a parent,
				guardian or treatment guardian pursuant to the requirements of the Children's
				Mental Health and Developmental Disabilities Act, Section 32A-6-14 NMSA 1978
				(1993 Repl.) or the Mental Health and Developmental Disabilities Act, Section
				43-1-15 NMSA 1978 (1993 Repl.);
G.
				the right to have privacy, including both periods of privacy and places of
				privacy;
H. the right to
				communicate freely with persons of their choice in any reasonable manner and at
				any reasonable time they choose;
I.
				the right to own, use and control real property and personal
				possessions;
J. the right to engage
				in social interaction with members of either sex;
K. the right to enter into contract,
				including the contract to marry;
L.
				the right to engage in consensual sexual activity, except sexual activity
				defined as sexual abuse;
M. the
				right to procreate and to parent or not to procreate;
N. the right to manage their financial
				affairs, unless the client has a court appointed guardian or conservator or
				access to their funds is restricted by the individual service plan; a service
				provider who manages the funds of a client pursuant to the client's individual
				service plan shall comply with applicable federal standards or regulations and
				the following requirements:
(1) the service
				provider shall have obtained informed consent and written authorization from
				the client or the guardian or conservator, which shall state the service
				provider's responsibilities;
(2)
				the service provider shall maintain a written record of all financial
				transactions involving the funds of the client and shall make the record
				available to the client and the guardian or conservator upon request;
(3) the service provider shall provide for
				the safekeeping of the funds, shall keep the funds separate from all other
				funds and shall be held strictly accountable for the funds and any
				interest;;
(4) the service provider
				shall return the funds to the client or guardian or conservator, including
				interest, upon request. Upon the death of a client, the service provider shall
				provide the executor or personal representative a complete accounting of all
				funds and property;