Part 2. REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED, version 40 (§ 8.371.2.1 to 8.371.2.96)

A. Smoking by clients and staff must only be done in supervised areas designated by the facility and approved by the state fire marshall or local fire prevention authorities. Smoking must not be allowed in a kitchen or food preparation area. B. All designated smoking areas must b…

Accessibility to the handicapped must be provided in all facilities in accordance with ANSI standards and shall include the following: A. main entry into the facility must be ground level or ramped to allow wheelchair access; B. building must allow access to main living area and …

The purpose of these regulations is to: A. Establish professional minimum standards for ICF/MR facilities in the state of New Mexico which were formerly licensed under regulations governing long term care facilities. B. Monitor ICF/MR facilities with these regulations through sur…

A. Each facility licensed pursuant to these regulations must have a governing body that: (1) exercises general direction over the affairs of the facility. (2) establishes policies concerning the operation of the facility and the welfare of the individuals it serves. (3) establish…

Each facility licensed pursuant to these regulations must have an administrator appointed by the governing body who acts for the governing body in the overall management of the facility.

Each facility licensed pursuant to these regulations must have a qualified mental retardation professional. A qualified mental retardation professional is a person who has specialized training or one year of experience in treating or working with the mentally retarded and is one …

Each facility licensed pursuant to these regulations must have an interdisciplinary team assigned to each client. A. Each interdisciplinary team shall be composed of staff members including direct care staff and individuals including the client's family or guardian who are involv…

Each facility licensed pursuant to these regulations must have either adequate staff not involved in direct care to clients or contractual services to perform the following functions: A. administration; B. fiscal; C. clerical; D. housekeeping and maintenance.

Direct care staff must make care and development of the clients, their primary responsibility, this includes training of each client in the activities of daily living and in the development of self-help and social skills. A. The facility management must insure that the direct car…

A facility licensed pursuant to these regulations must have a written plan for the orientation, on-going staff development, supervision, and evaluation of all staff members. A. The facility must have a staff training program appropriate to the size and nature of the facility that…

The facility must have an organization chart that shows the following: A. the major operating programs of the facility; B. the staff divisions of the facility; C. the administrative personnel in charge of the programs and divisions; D. the lines of authority, responsibility and c…

A. Prior to employment all staff must obtain a health certificate stating that they are free from tuberculosis. B. Health certificate means a completed New Mexico health care authority, public health division form 015, "health certificate" signed by a physician licensed in New Me…

For each facility regardless of organization or design must have, as a minimum, overall staff/client ratios (allowing for a five day work week plus holiday, vacation and sick time) as shown below: A. Those facilities serving children under the age of six years, severely and profo…

For purposes of these regulations the following shall apply: A. "Active treatment" means the consistent, aggressive, accountable, and continuous application of competent interactions between caregivers and persons with developmental disabilities whom they serve in structured and …

A. All staff of a facility providing services must apply for a nationwide criminal records check and employment history in compliance with New Mexico regulations governing criminal records check. B. Copies of the above cited regulations will be provided by the health care authori…

Each client must receive a continuous active treatment program, which includes aggressive, consistent implementation of a program of specialized and generic training, treatment, health services, and related services as described in these regulations, that is directed toward: A. t…

Every facility licensed pursuant to these regulations must develop an activity schedule for each client that: A. The amount of daily active treatment a person receives should be based on the individual needs of that person and planned and provided for by the facility in both form…

The facility must allow the clients to have personal possessions such as toys, books, pictures, games, radios, arts and crafts materials, religious articles, toiletries, jewelry, and letters.

The facility must have written policies and procedures for the control and discipline of clients that are available in each living unit and to parents and guardians. A. If appropriate, clients must participate in formulating these policies and procedures. B. The facility must not…

Except as provided for behavior modification programs, the facility may allow the use of physical restraint on a client only if absolutely necessary to protect the client from injuring himself or others. A. The facility may not use physical restraint:(1) as punishment; (2) for th…

Mechanical devices used for physical restraint must be designed and used in a way that causes the client no physical injury and the least possible physical discomfort. A. A totally enclosed crib or a barred enclosure is a physical restraint. B. Mechanical supports used to achieve…

The facility shall not use chemical restraints in the following manner: A. excessively; B. as punishment; C. for the convenience of the staff; D. as a substitute for activities or treatment; E. in quantities that interfere with a client habilitation program.

A. "Aversive stimuli": things or events that a client finds unpleasant or painful that are used to immediately discourage undesired behavior may be used by the facility as a means of behavior modification. B. "Time out": a procedure designed to improve a client's behavior by remo…

A. A facility licensed pursuant to these regulations may not house clients of grossly different ages, developmental levels, and social needs in close physical or social proximity unless the housing is planned to promote the growth and development of all those housed together. B. …

The degree of compliance required throughout these regulations is designated by the use of the words "shall" or "must" or "may". "Shall" or "must" means mandatory. "May" means permissive. The use of the words "adequate", "proper", and other similar words means the degree of compl…

The facility must coordinate recreational services with other services and programs provided to each client in order to: A. make the fullest possible use of the facility's resources; B. maximize benefits to the clients; C. design and construct or modify recreation areas and facil…

The facility must insure that each client: A. has enough neat, clean, suitable and seasonable clothing; B. has their own clothing marked with their name when necessary; C. is dressed daily in their own clothing unless this is contraindicated in written medical orders; D. is train…

The facility must provide each client with: A. a separate bed of proper size and height for the convenience of the client; B. bedding appropriate to the weather and climate; C. a clean comfortable mattress; D. appropriate furniture, such as a chest of drawers, a table or desk, an…

Each facility licensed pursuant to these regulations must provide: A. space for equipment for daily out-of-bed activity for all clients who are not yet mobile, except those who have a short-term illness or those few clients for whom out-of-bed activity is a threat to life; B. sui…

A. Each client must be trained to be as independent as possible in health, hygiene and grooming practices, including bathing, brushing teeth, shampooing, combing and brushing hair, shaving and caring for toenails and fingernails. B. Each client who does not eliminate appropriatel…

A. Diagnostic services:(1) The facility must provide each client with comprehensive diagnostic dental services that include a complete extraoral and intraoral examination using all diagnostic aids necessary to properly evaluate the client's oral condition, not later than one mont…

The facility must have preventive health services for clients that include: A. means for the prompt detection and referral of health problems through adequate medical surveillance, periodic inspection and regular medical examinations; B. annual physical examinations that include:…

The facility must: A. provide medical services through direct contact between physicians and clients and through contact between physicians and individuals working with the clients; B. provide health services including treatment, medications, diet, and any other health service pr…

The facility must: A. provide psychological services through personal contact between psychologists and clients and through contact between psychologists and individuals involved with the clients; B. have available enough qualified staff and support personnel to furnish the follo…

The facility must provide physical and occupational therapy services through direct contact between therapist and individuals involved with the clients. A. Physical and occupational therapy staff must provide treatment training programs that are designed to:(1) preserve and impro…

The ICF/ MR provides active treatment in the least restrictive setting and includes all needed services for mentally retarded individuals or persons with related conditions whose mental or physical condition require services on a regular basis that are above the level of a reside…

The facility must provide clients with nursing services, in accordance with their needs, that include, as appropriate, the following: A. Registered nurse participation:(1) The pre admission evaluation study and plan. (2) The evaluation study, program design, and placement of the …

The facility must provide, as part of an interdisciplinary set of services, social services to each client directed toward: A. maximizing the social functioning of each client; B. enhancing the coping capacity of each client's family; C. asserting and safeguarding the human and c…

The facility must manage its laundry services to that it meets daily clothing and linen needs without delays. A. Each client must have available a clean change of clothing whenever necessary. B. There must be separate handling and storage of clean and soiled linens. C. Linens mus…

The facility must provide speech pathology and audiology services through direct contact between speech pathologists and audiologist and clients, and working with other personnel, including but not limited to, teachers and direct care staff. Speech pathology and audiology service…

Any facility licensed pursuant to these regulations that supervises the administration or self-administration of medications for clients must have a current custodial care facility license issued by the New Mexico board of pharmacy. A. The facility must make formal arrangements f…

A. Dietician: The facility must employ a qualified dietitian either full-time, part-time, or on a consultant basis. If a qualified dietitian is not employed full-time, the facility must designate a person to serve as the director of food service. B. Food services: The facility's …

ICF/MR facilities subject to these regulations are also subject to other regulations, codes and standards as the same may from time to time be amended as follows: A. Health facility licensure fees and procedures, New Mexico health care authority, 8.370.3 NMAC. B. Health facility …