SENATE MEMORIAL 104

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Elizabeth "Liz" Stefanics

A MEMORIAL

REQUESTING THE DIRECTOR OF THE UNIVERSITY OF NEW MEXICO HEALTH SCIENCES CENTER INSTITUTE FOR ETHICS TO CONVENE A PATIENT RIGHTS WORK GROUP TO STUDY THE RIGHTS OF HEALTH CARE PATIENTS, THE MANNER IN WHICH PATIENTS' RIGHTS ARE CONSIDERED IN THE DELIVERY OF HEALTH CARE IN NEW MEXICO AND HOW TO BEST PROMOTE AND PROTECT THOSE RIGHTS AND RAISE PATIENTS' AWARENESS OF THEIR RIGHTS.

     WHEREAS, every health care patient is entitled to receive effective health care; and

     WHEREAS, every patient, and every guardian, agent, surrogate or other person with the right to make health care decisions on a patient's behalf, is entitled to receive information about the patient's health care that will allow them to make informed choices; and

     WHEREAS, the public is entitled to be made aware of the rights that health care patients have in New Mexico; and

     WHEREAS, every patient has a right to be told the identity, professional status and qualifications of each person providing health care to the patient; and

     WHEREAS, every patient has a right to considerate and respectful care at all times and under all circumstances, with recognition of that patient's personal dignity; and

     WHEREAS, every patient has a right to complete and current information concerning diagnosis, treatment and any known prognosis in terms the patient can reasonably be expected to understand; and

     WHEREAS, every patient has a right to receive, to the fullest extent possible under the circumstances, all information necessary to give informed consent prior to the start of any medical procedure or treatment; and

     WHEREAS, every patient has a right to be made aware of the patient's right to refuse treatment, to the extent permitted by law, and to be informed of the medical consequences of any exercise of that right; and

     WHEREAS, every patient has a right to be afforded every consideration of privacy concerning the patient's medical care or treatment; and

     WHEREAS, every patient has a right to be allowed the expectation that all communications and records pertaining to the patient's care or treatment will be treated as confidential; and

     WHEREAS, every patient has a right to expect reasonable continuity of care and to be informed by the attending physician of any continuing health care requirements following discharge; and

     WHEREAS, every patient has a right to an itemized, detailed and understandable explanation of health care charges, regardless of the source of payment; and

     WHEREAS, every patient has a right to request and to receive copies of the patient's medical records as permitted by law; and

     WHEREAS, every patient has a right to an interpreter when the patient does not speak the predominant language of the community, is deaf or is hearing impaired; and

     WHEREAS, the most effective vehicle through which to ensure that health care patients' fundamental rights are promoted and protected is to codify them into New Mexico law;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the director of the university of New Mexico health sciences center institute for ethics be requested to convene a patient rights work group to study the rights of health care patients and the manner in which health care facilities and practitioners in the state consider patients' rights in the delivery of health care; and

     BE IT FURTHER RESOLVED that the work group include representatives from all ethics commissions or task forces in health facilities statewide; the New Mexico medical society; the New Mexico osteopathic medical association; the New Mexico academy of physician assistants; the New Mexico health care association; the New Mexico trial lawyers association and foundation; the New Mexico hospital association; the department of health; health action New Mexico; the New Mexico center on law and poverty; disability rights New Mexico; the New Mexico nurses association; the university of New Mexico center for development and disability; the university of New Mexico schools of medicine, nursing and social work; the New Mexico state university schools of nursing and social work; the eastern New Mexico university nursing program and social work program; New Mexico highlands university's Facundo Valdez school of social work; the western New Mexico university school of nursing; the San Juan college nursing program; and others who express an interest in joining the work group; and

     BE IT FURTHER RESOLVED that the work group be requested to make legislative recommendations to ensure that New Mexico patients' health care rights are protected and that patients are made aware of their fundamental rights as patients; and

     BE IT FURTHER RESOLVED that the director of the university of New Mexico health sciences center institute for ethics be requested to report the findings and legislative recommendations of the work group to the legislative health and human services committee by July 1, 2018; and

     BE IT FURTHER RESOLVED that copies of this memorial be electronically transmitted to the named participants of the patient rights work group.

- 5 -