1. A. A patient or surrogate may authorize installation and use of a monitoring device in a facility provided that:

   (1) the facility is given notice of the installation on a form prescribed by the department;

   (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 and maintenance costs are paid for by the patient or surrogate;

   (4) written consent is given by each roommate or each roommate’s surrogate on a form prescribed by the department;

   (5) the monitoring is conducted in accordance with any limitation placed on it as a condition of consent by a roommate or the roommate’s surrogate; and

   (6) if a roommate or the roommate’s surrogate also wishes to install and use a monitoring device, the patient or surrogate consents to the installation and use on terms that are no more restrictive than any that have been placed on the patient’s or surrogate’s installation and use.

2. B. A patient or surrogate may establish and a facility shall accommodate limits on the use, including the time of operation, direction, focus or volume, of a monitoring device.

[9.2.23.8 NMAC - N, 7/15/04]