If you have a loved one in a New Mexico nursing home or who is going to be living in a nursing home, then it is important for you to understand the Patient Care Monitoring Act. Many people use video cameras to monitor the care their loved one is being given, and this Act may give you the right to do so.
The Patient Care Monitoring Act, as explained by the New Mexico Legislature, requires proper consent and legally placed devices in order for the evidence produced by such monitoring devices to be used in court. In addition, your loved one cannot be denied living in a nursing home simply because you want to install such monitoring devices.
Under the Act, you can install a monitoring device as long as you provide written consent for monitoring by any other patients in the room, the recording includes a date and time stamp, the facility knows it is being installed and you pay for the installation. Limitations on when and how the device is used can be made by the facility or you.
You also have to pay for the ongoing operation of the device. Plus, the installation cannot cause hardship for the facility. For example, if extensive time and work is required to install the device that inconveniences other patients and workers, it may be denied.
The most important aspect of this Act is the consent requirements. You cannot install a video camera without all the proper written consent required. This information is for education and is not legal advice.
