A. In any civil action against the facility, material obtained through the use of a monitoring device may not be used if the monitoring device was installed or used without the knowledge of the facility or without the prescribed form.
B. Compliance with the provisions of the Patient Care Monitoring Act shall be a complete defense against any civil or criminal action brought against the patient, surrogate or facility for the use or presence of a monitoring device.
History: Laws 2004, ch. 53, ยง 7.
Structure New Mexico Statutes
Chapter 24 - Health and Safety
Article 26 - Patient Care Monitoring Act
Section 24-26-1 - Short title.
Section 24-26-2 - Definitions.
Section 24-26-3 - Monitoring device; authorization and use.
Section 24-26-4 - Monitoring device option; installation; accommodation by facility.
Section 24-26-5 - Consent; waiver.
Section 24-26-6 - Authorization form; contents.
Section 24-26-7 - Immunity; unauthorized use.
Section 24-26-8 - Notice to current patients.