51,436 sections across 3,184 New Mexico regulatory chapters.
R.8.321.6-8.321.6.38 PROVISIONS FOR EMERGENCY CALLS
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An easily accessible telephone for summoning help, in case of emergency, must be available in the facility.
R.8.321.6-8.321.6.39 FIRE EXTINGUISHERS
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A. Fire extinguishers as approved by the state fire marshal or fire prevention authority having jurisdiction must be located in the facility. B. Fire extinguishers must be properly maintained as recommended by the manufacturer, state fire marshal or fire authority having jurisdic…
R.8.321.6-8.321.6.4 DURATION
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Permanent.
R.8.321.6-8.321.6.40 ALARM SYSTEM
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A manually operated, electrically supervised fire alarm system shall be installed in each facility only as required by national fire protection association (NFPA) 101 (Life Safety Code). Multiple story facilities do require manual alarm systems.
R.8.321.6-8.321.6.41 FIRE DETECTION SYSTEM
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The facility must be equipped with smoke detectors as required by the NFPA 101 (Life Safety Code) and approved in writing by the fire authority having jurisdiction as to number, type and placement.
R.8.321.6-8.321.6.42 JANITOR'S CLOSET(S)
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A. Each facility shall have at least one janitor's closet. B. Each janitor's closet shall contain: (1) a service sink; and (2) storage for housekeeping supplies and equipment. C. Each janitor's closet must be vented. D. Janitor closets are hazardous areas and must be provided wit…
R.8.321.6-8.321.6.43 EMERGENCY LIGHTING
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A. A facility must be provided with emergency lighting that will activate automatically upon disruption of electrical service. B. The emergency lighting must be sufficient to illuminate paths of egress and exits of the facility.
R.8.321.6-8.321.6.44 ELECTRICAL STANDARDS
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A. All electrical installation and equipment must comply with all current state and local codes. B. Circuit breakers or fused switches that provide electrical disconnection and over current protection shall be:(1) enclosed or guarded to provide a dead front assembly; (2) readily …
R.8.321.6-8.321.6.45 LIGHTING
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A. All spaces occupied by people, machinery, or equipment within buildings, approaches to buildings, and parking lots shall have lighting. B. Lighting will be sufficient to make all parts of the area clearly visible. C. All lighting fixtures must be shielded. D. Lighting fixtures…
R.8.321.6-8.321.6.46 ELECTRICAL CORDS AND RECEPTACLES
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A. Electrical cords and extension cords: (1) Electrical cords and extension cords must be U/L approved. (2) Electrical cords and extension cords must be replaced as soon as they show wear. (3) Under no circumstances shall extension cords be used as a general wiring method. (4) Ex…
R.8.321.6-8.321.6.47 HEATING, VENTILATION, AND AIR-CONDITIONING
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A. Heating, airconditioning, piping, boilers, and ventilation equipment must be furnished, installed and maintained to meet all requirements of current state and local mechanical, electrical, and construction codes. B. The heating method used by the facility must have a minimum i…
R.8.321.6-8.321.6.48 WATER HEATERS
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A. Must be able to supply hot water to all hot water taps within the facility at full pressure during peak demand periods and maintain a maximum temperature of 120 degrees F. B. Fuel fired hot water heaters must be enclosed and separated from other parts of the building by constr…
R.8.321.6-8.321.6.49 TOILETS AND LAVATORIES
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A. All fixtures and plumbing must be installed in accordance with current state and local plumbing codes. B. All toilets must be enclosed and vented. C. All toilet rooms must be provided with a lavatory for hand washing. D. All toilets must be kept supplied with toilet paper. E. …
R.8.321.6-8.321.6.5 EFFECTIVE DATE
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July 1, 2024, unless a later date is cited at the end of a section.
R.8.321.6-8.321.6.50 EXITS
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A. Each facility and each floor of a facility shall have exits as required by national fire protection association 101 (Life Safety Code). B. Each exit must be marked by illuminated signs having letters at least six inches high whose principle strokes are at least three-quarters …
R.8.321.6-8.321.6.51 CORRIDORS
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A. Minimum corridor width shall be five feet except work corridors less than six feet in length may be four feet in width. B. Facilities will often be contained within existing commercial or residential buildings and less stringent corridor widths may be allowed other than those …
R.8.321.6-8.321.6.52 DOORS
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A. The minimum door width for client's use shall be 34 inches in width. B. Rooms where client treatment takes place shall have a minimum door width of 36 inches.
R.8.321.6-8.321.6.53 COMMON ELEMENTS FOR FACILITIES
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A. Entrance shall be able to accommodate wheelchairs. B. Public services shall include: (1) conveniently accessible wheelchair storage; (2) a reception and information counter or desk; (3) waiting areas; (4) conveniently accessible public toilets; and (5) drinking fountain(s) eas…
R.8.321.6-8.321.6.54 FLOORS AND WALLS
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A. Floor and wall areas penetrated by pipes, ducts, and conduits shall be tightly sealed to minimize entry of rodents and insects. Joints of structural elements shall be similarly sealed. B. Threshold and expansion joint covers shall be flush with the floor surface to facilitate …
R.8.321.6-8.321.6.55 GOVERNING BODY
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All facilities licensed pursuant to these regulations must have a governing body that assumes full legal responsibility for determining, implementing, and monitoring policies governing the total operation of the facility. The governing body must ensure that these policies are adm…
R.8.321.6-8.321.6.56 ADMINISTRATOR/ DIRECTOR/MANAGER
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Each facility must have an administrator, director or manager hired or appointed by the governing body to whom authority has been delegated to manage the daily operation of the facility and implement the policies and procedures adopted by the governing body.
R.8.321.6-8.321.6.57 STAFF EVALUATION AND DEVELOPMENT
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A facility licensed pursuant to these regulations must be in compliance with staff evaluation and development standards set forth by the division of health improvement of the authority.
R.8.321.6-8.321.6.58 DIRECT SERVICE STAFF
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A facility licensed pursuant to these regulations must be in compliance with direct service staff standards set forth by the division of health improvement of the authority.
R.8.321.6-8.321.6.59 EMERGENCY MEDICAL SERVICES
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Each facility licensed pursuant to these regulations must maintain a list of emergency phone numbers co-located with telephones in the facility. This list must include fire and police departments, ambulance or EMS crew numbers, the New Mexico poison control center and the nearest…
R.8.321.6-8.321.6.6 OBJECTIVE
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A. to establish minimum standards for licensing of community mental health centers; B. to monitor community mental health centers through surveys to identify any areas which could be dangerous or harmful to the clients or staff; and C. to ensure the provision of quality services …
R.8.321.6-8.321.6.60 HOURS OF OPERATION
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Each facility licensed pursuant to these regulations must post its hours of operation where it can clearly seen by clients and visitors.
R.8.321.6-8.321.6.61 PHARMACEUTICAL SERVICES
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A. Drugs must be stored, prepared and administered in accordance to acceptable standards of practice and in compliance with the New Mexico state board of pharmacy. B. Outdated drugs and biologicals must be disposed of in accordance with methods outlined by the New Mexico state bo…
R.8.321.6-8.321.6.62 LABORATORY SERVICES
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A. All lab test results performed either at the facility or by contract or arrangement with another entity must be entered into the client's record. B. All laboratory procedures including specimen collection will be conducted in accordance with acceptable standards of practice. A…
R.8.321.6-8.321.6.63 RELATED REGULATIONS AND CODES
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Facilities or agencies 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 faci…
R.8.321.6-8.321.6.7 DEFINITIONS
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A. "Applicant" means the organization that applies for a license. The individual signing the application on behalf of the organization must have authority from the organization. B. "Branch" means a part of the certified community mental health center, which is part of the corpora…
R.8.321.6-8.321.6.8 STANDARD OF COMPLIANCE
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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…
R.8.321.6-8.321.6.9 PROHIBITIONON UNLICENSED OPERATION
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These regulations apply to all community mental health centers operating within New Mexico as set out in 8.321.2 NMAC, above. No community mental health center, or branch thereof, may operate in New Mexico without being duly licensed according to these regulations.
R.8.321.7-8.321.7.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.321.7-8.321.7.10 FINANCING APPROVAL BY THEAUTHORITY
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A. The authority will perform an independent financial analysis of each application. In evaluating an application, the authority will consider. (1) The applicant's demonstration that the excess of public support and revenues over expenses for the most recent fiscal year or the pr…
R.8.321.7-8.321.7.11 RECONSIDERATION
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A. Decision by department as to eligibility. An applicant may request reconsideration of a contrary decision by the department as to whether it is an eligible entity as defined by the act and under these rules. Notice must be given to the department in writing within 10 working d…
R.8.321.7-8.321.7.12 LOAN DOCUMENTS AND AGREEMENT
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A. The authority and the eligible entity will enter into an agreement and any other applicable documentation to establish the terms and conditions of the loan. The agreement will include the terms of repayment and remedies and sanctions available to the authority in the event of …
R.8.321.7-8.321.7.13 ADMINISTRATION OF THE BEHAVIORAL HEALTH CAPITAL FUND
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A. The fund shall be administered by the authority as a separate account, but may consist of such sub accounts as the authority deems necessary to carry out the purposes of the fund. B. Money from repayments of loans or payments on securities held by the authority for projects au…
R.8.321.7-8.321.7.2 SCOPE
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The behavioral health capital fund program rule shall apply to the use of funds by eligible entities available pursuant to the Behavioral Health Capital Funding Act, Sections 6-261., et seq., NMSA 1978.
R.8.321.7-8.321.7.3 STATUTORY AUTHORITY
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This rule is promulgated pursuant to: (1) Subsection E of Section 9-8-6 NMSA 1978; and (2) the Behavioral Health Capital Funding Act, Sections 6-26-1., et seq., NMSA 1978. Section 9-8-1 et seq. NMSA 1978 establishes the health care authority as a single, unified department to adm…
R.8.321.7-8.321.7.4 DURATION
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Permanent.
R.8.321.7-8.321.7.5 EFFECTIVE DATE
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July 1, 2024, unless a later date is cited at the end of a section.
R.8.321.7-8.321.7.6 OBJECTIVE
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The objective is to establish standards and procedures for regulating programs under the Behavioral Health Capital Funding Act.
R.8.321.7-8.321.7.7 DEFINITIONS
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A. "Act" means the Behavioral Health Capital Funding Act (Sections 6-26-1 to 6-26-8 NMSA 1978). B. "Agreement" means the document or documents signed by the board and the eligible entity receiving a loan that specifies the terms and conditions of obtaining the loan under the prog…
R.8.321.7-8.321.7.8 LOAN APPLICATION PROCEDURES
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A. Contingent upon a sufficient balance in the fund, the authority may accept applications at any point during the state fiscal year. B. The authority will provide forms and guidelines for a loan application and applications must be submitted on that form. The application shall b…
R.8.321.7-8.321.7.9 EVALUATION OF APPLICANT AND PROJECT BY DEPARTMENT AND THE APPLICATION COMMITTEE
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A. The department will determine whether an application is complete. Once the application is complete, the department will evaluate the application for eligibility and will determine the programmatic priority of the project. B. To be eligible for a loan, an eligible entity must:(…
R.8.321.8-8.321.8.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.321.8-8.321.8.10 APPLICATION FOR SERVICES
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A. Any individual who believes that they may have a substance related disorder may present themselves to any agency for the purpose of being screened, admitted or referred to an appropriate treatment program. B. Any parent, guardian, spouse, or any interested individual may prese…
R.8.321.8-8.321.8.11 ADMISSION CRITERIA
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A. Each agency shall have and utilize written admission criteria which shall be available to clients, staff, the division and community. B. Agency admission criteria shall delineate guidelines which permit the clear identification of who is and is not eligible for admission. C. N…
R.8.321.8-8.321.8.12 SCREENING
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A. The agency shall screen the individual to determine:(1) if the individual meets the programs criteria for admission; (2) that the individual's needs are matched with the appropriate agency and treatment services; (3) the least restrictive means of treatment is being provided; …
R.8.321.8-8.321.8.13 WAITING LIST
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The agency shall maintain an up-to-date and centrally located waiting list. This waiting list is comprised of individuals who, though the screening process, have met the agency's admission criteria and are waiting for placement into the identified treatment program. Individuals o…