New Mexico Administrative Code

All facilities shall conduct monthly fire drills which are to be documented. A. There shall be at least one documented fire drill per month and at a minimum, one documented fire drill each eight hours (day, evening, night) per quarter that employs the use of the fire alarm system…

A. All staff of the facility shall know the location and the proper use of fire extinguishers and the other procedures to be followed in case of fire or other emergencies. The facility should request the local fire prevention authority to give periodic instructions in the use of …

A. Smoking by residents and staff shall take place only in supervised areas designated by the facility and approved by the state fire marshal or local fire prevention authorities. Smoking shall not be allowed in a kitchen or food preparation area. B. All designated smoking areas …

An assisted living facility that provides or coordinates hospice care and services shall meet the requirements in this section, in addition to the rules applicable to all assisted living facilities, 8.370.14 NMAC. A. Definitions: in addition to the requirements for all assisted l…

An assisted living facility that provides a memory care unit to serve residents with dementia shall comply with the provisions of subsection A-J below in addition to the rules applicable to all assisted living facilities, 8.370.14 NMAC. A. Additional definitions: The following de…

A. "Abuse" means the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish and is defined in the incident reporting intake, processing & training requirements, 8.370.9 NMAC. B. "Activities of daily…

The facilities that are subject to this rule are also subject to other rules, codes and standards that may, from time to time, be amended. This includes the following: A. Health facility licensure fees and procedures, New Mexico Health care authority, 8.370.3 NMAC. B. Health faci…

A. Licensure is required. No person or entity shall establish, maintain or operate an assisted living facility without first obtaining a license. B. Application for licensure. An initial or renewal application shall be made on the forms prescribed by and available from the licens…

The licensing authority may vary or waive certain licensure requirements for facilities, provided that it would not adversely affect the health, safety or welfare of the residents or staff. A. Requests for a variance or waiver may be made at any time, shall be made in writing to …

New Mexico Health Care Authority.

A. Application and requirements for licensure:(1) All applications shall be made on forms provided by the licensing authority. (a) All information requested on the application must be provided. (b) The application must be dated and signed by the person who shall be the licensee o…

A. After receiving a complete application, the authority shall investigate the applicant to determine the applicant's ability to comply with these regulations. B. Within 60 days after receiving a complete application for a license, the authority shall either approve the applicati…

A. Annual license: An annual license is issued for a one-year period to a boarding home which has met all requirements of these regulations. If a temporary license is issued, once the authority has issued a written determination of full compliance with these regulations, an annua…

A. The license is issued only for the premises and the persons named in the license application and may not be transferred or assigned by the licensee. B. The license shall state any applicable restrictions, including maximum bed capacity and the level of care that may be provide…

Separate licenses shall be required for boarding homes which are maintained on separate premises even though they are under the same management. Separate licenses shall not be required for separate buildings on the same legal lot of record, multiple buildings on contiguous legal …

A. A licensee must submit a renewal application, electronically, if available, or on forms authorized by the licensing authority, along with the required license fee at least 30 days prior to expiration of the current license. The applicant shall certify that the boarding home co…

The license or a certified copy thereof shall be conspicuously posted in a location accessible to public view within the boarding home.

A. The licensee shall notify the authority in writing of any changes in the information provided, within 10 days of such changes. This notification shall include information and documentation regarding such changes. B. When a change of manager occurs, the authority shall be notif…

A. A license granted under these regulations is not transferable to any other owner, whether an individual or legal entity, or to another location. The authority shall not guarantee or be liable for or responsible for guaranteeing the transfer of the license to any other owner or…

An individual or entity wishing to purchase and continue operation of an already licensed boarding home shall: A. Submit a new application for an initial license in accordance with these regulations at least 60 days prior to the anticipated change. The authority has the sole disc…

These requirements apply to public or private boarding homes which come within the statutory definition of "health facilities" as set out in Subsection F of Section 24-1-2 NMSA 1978 Public Health Act and that are required to be licensed by the state licensing authority. This rule…

A existing license will automatically expire at midnight on the day indicated on the license as the expiration date, unless it is renewed sooner, or it has been suspended or revoked. A. If a boarding home discontinues operation, is sold, leased or otherwise changes any ownership …

A. All facilities shall maintain compliance with the licensee requirements. If the use of alternate concepts, methods, procedures, techniques, equipment, personnel qualifications or the conducting of pilot projects conflicts with requirements, then prior written approval from the…

A. Variances and waivers: At the licensing authority's sole discretion, an applicant or licensee may be granted variances and waivers of these regulations, provided the granting of such variance or waiver shall not jeopardize the health, safety or welfare of the boarding home's r…

Any person or entity that opens or maintains a non-medical boarding home without a license is subject to the imposition of civil monetary penalties by the licensing authority. Failure to comply with the licensure requirements of this rule within 10 days of notice by the licensing…

A. Application for licensure, whether initial or renewal, shall constitute permission for unrestricted entry into and survey of a boarding home by authorized licensing authority representatives during the pendency of the license application, and if licensed, during the licensure …

If violations of this rule are cited, the boarding home will be provided with an official statement of deficiencies within 10 business days following the survey. A. Plan of correction (POC). Upon receipt of a report of deficiency from the licensing authority, and after receipt of…

A. Suspension of license without prior hearing: In accordance with Subsection H of Section 24-1-5 NMSA 1978, if immediate action is required to protect human health and safety, the licensing authority may suspend a license pending a hearing, provided such hearing is held within f…

Hearing procedures for an administrative appeal of an adverse action taken by the authority against a boarding home's license will be held in accordance with applicable rules relating to adjudicatory hearings, including but not limited to, 8.370.2 NMAC, as amended. A copy of the …

A. A licensee that is subject to an adverse action may request an administrative appeal. Hearing procedures for an administrative appeal of an adverse action taken by the licensing authority against the boarding home are in accordance with adjudicatory hearings for licensed facil…

The boarding home shall establish written policies and procedures that are reviewed and approved annually by the governing body. The manager shall ensure that these policies and procedures are adopted, administered and enforced to provide quality services in a safe environment. A…

The requirements set forth herein are promulgated under Subsection E of Section 9-86, NMSA 1978, as amended and the authority granted under Subsections F and J of Sections 24-1-2 and 24-1-3 respectively and 24-1-5, NMSA 1978, of the Public Health Act as amended. Section 9-8-1 et …

A. Operator or manager: A boarding home shall be supervised by a full-time manager. Multiple facilities that are located within a 40-mile radius may have one full-time manager. The manager shall:(1) be at least 21 years of age; (2) have a high school diploma or its equivalent; (3…

A. Training and orientation for each new employee and volunteer that provides direct care shall include a minimum of the following training prior to providing unsupervised care for residents. B. On-going training shall be provided to staff that provides direct care as needed; the…

The boarding home shall have and implement written personnel policies for the following: A. staff, private duty attendant and volunteer qualifications; B. staff, private duty attendant and volunteer conduct; C. staff, private duty attendant and volunteer training policies; D. sta…

A. The boarding home shall have policies and procedures for managing personnel information and records. B. Staff scheduling records shall be maintained for at least three years. C. Employee records shall be kept at the boarding home and include:(1) employment application; (2) tra…

Minimum staffing requirements. A. There shall be an adequate number of personnel on duty to provide the basic care, resident assistance and the required supervision based on the assessment of the residents' needs. There shall be at least one staff member on duty or available to b…

The boarding home shall complete an admission agreement for each resident. The manager of the boarding home or a designee responsible for admission decisions shall meet with the resident or the resident's legally authorized person prior to admission. No resident shall be admitted…

A. Acceptable criteria for admission: (1) Residents are accepted who because of diminished mental or physical capacity find it difficult to care for themselves in their own residence and choose to arrange for food, shelter, oversight and limited services such as laundry and trans…

A. The boarding home must be able to provide oversight to the residents, such as reminding them of meals, medications and appointments and monitoring activities while on the premises of the boarding home. B. Each resident shall designate a personal physician and dentist to be cal…

Prior to admission, the licensee shall determine whether the boarding home's program can meet the prospective resident's service needs. A. If the resident is to be admitted, then prior to admission, the licensee shall complete a written needs and services plan. B. The following i…

The licensee shall ensure that a separate, complete, and current record is maintained in the boarding home for each resident. A. Each record must contain information including but not limited to the following: (1) Name of resident, social security number, phone number. (2) Birthd…

Permanent.

A. All licensed facilities shall understand, protect and respect the rights of all residents. Prior to admission to a boarding home, a resident, parent, legal guardian and legal representative shall be given the applicable written description of the resident's legal rights, trans…

Boarding homes shall provide planned and nutritionally balanced meals from the basic food groups in accordance with the "recommended daily dietary allowance" of the American dietetic association, the food and nutrition board of the national research council, or the national acade…

Requirements for boarding homes: A. The boarding home shall have either contracted food preparation or prepare food on site. B. A boarding home that provides onsite food preparation shall comply with the New Mexico environment department (NMED) food preparation regulations. C. Th…

A. Any boarding home licensed pursuant to these regulations that supervises self-administration of medication for the residents or safeguards medication for residents must have an appropriate custodial drug permit from the state board of pharmacy. (1) Only medications which can b…

A. The boarding home shall develop and implement policies and procedures for infection control and prevention. Policies shall address the following: (1) proper hand washing techniques; (2) prevention and treatment of needle stick or sharp injuries; (3) proper disposal of sharps, …

The boarding home shall ensure the safety or residents within the home and that staff are trained and able to respond in emergencies. A. Staff responsible for providing direct care and supervision shall receive training in first aid and cardiopulmonary resuscitation (CPR) from pe…

The boarding home must investigate complaints made by a resident, caregiver or guardian regarding treatment or care, or regarding the lack of respect for the resident's property and must document both the existence of the complaint and the resolution of the complaint. The boardin…