New Mexico Administrative Code

All facilities licensed under these regulations must comply with all incident intake, processing, training and reporting requirements under these regulations, as well as with all other applicable statutes and regulations. A. All facilities shall report to the licensing authority …

A. Building plans: Boarding homes licensed for four or more residents must submit building plans. The building plans must be of professional quality, prepared and stamped by an architect registered pursuant to NMSA 61-15-9 NMSA 1978. One printed copy of the complete set of buildi…

A. Facilities licensed pursuant to these regulations must be accessible to and useable by disabled employees, staff, visitors, and residents shall comply with the Americans with Disabilities act (ADA), current edition. B. All buildings of the premises providing resident use and s…

July 1, 2024, unless a later date is specified at the end of a section.

The boarding home's buildings and systems shall be maintained in good repair at all times. Such maintenance shall include, but is not limited to, the following: A. all electrical, mechanical, water supply, heating, fire protection, and sewage disposal systems must be maintained i…

A. Hazardous areas include the following:(1) fuel fired equipment rooms; (2) bulk laundries or laundry rooms with more than 100 square feet; (3) storage rooms with more than 50 square feet but less than 100 square feet not storing combustibles; (4) storage rooms with more than 10…

A. Each floor of a boarding home shall have exits as required by as required by New Mexico building code, international building code (IBC), current edition as adopted by the New Mexico construction industries division and local building codes, as applied by the authority having …

For facilities contained within existing commercial or residential buildings, corridor widths must conform with the New Mexico building code, international building code (IBC), current edition as adopted by the New Mexico construction industries division, as applied by the author…

A. The boarding home must be kept free from accumulations of refuse, discarded equipment, furniture, paper, dirt, rubbish, dust, and safety hazards and offensive odors. B. Common rooms, kitchen, waiting areas, restrooms and other areas of daily usage must be cleaned as needed to …

A. An easily accessible hard-wired telephone for summoning help, in case of emergency, must be available in the boarding home. B. A list of emergency numbers including, but not limited to, fire department, police department, ambulance services, local hospital, poison control cent…

All medications, including non-prescription drugs, shall be stored in a locked compartment or in a locked room, as required and approved by the New Mexico board of pharmacy, and the key shall be in the care of the manager or designee.

A. An easily accessible outdoor activity area shall be available for use by residents. B. A smoking area, if provided, must be located 25 feet away from any exit door and be provided with noncombustible metal ash urns.

A. The boarding home shall prepare food on site or have contracted food preparation. A boarding home that provides onsite food preparation shall comply with the current standards and regulations of the New Mexico environment department (NMED), and other local government authoriti…

A boarding home shall have common rooms, including a living room, dining room, den or other recreation/activity rooms for the resident's use. The furnishings shall be well constructed, comfortable and in good repair. A. At least one such room shall be available to residents for r…

A. Establish standards for licensing boarding home facilities for adults in order to ensure the health, safety, and welfare of individuals in need of such services. B. Encourage the establishment and maintenance of boarding home facilities for adults that provide a humane, safe a…

Resident bedrooms must meet, at a minimum, the following requirements: A. A boarding home shall not exceed the resident (bed) capacity approved by the licensing authority. Any beds or bedrooms provided for boarding home staff are not included in the approved bed capacity. B. No r…

A. General requirements: The number of and location of toilets, lavatories and bathing facilities shall be provided and installed in accordance with the New Mexico commercial building code, international building code (IBC), current edition as adopted by the New Mexico constructi…

A. General requirements: A boarding home shall provide laundry services, either on the premises or through a laundromat or commercial laundry and linen service. (1) On-site laundry facilities shall be located in areas separate from the resident units and shall be provided with ne…

All plumbing systems including water supply and sewer systems shall be in accordance with latest adopted editions of the New Mexico commercial building code, international building code (IBC), New Mexico plumbing code, New Mexico mechanical code current edition as adopted by the …

A. All electrical equipment and installation shall comply with the New Mexico commercial building code, international building code (IBC), New Mexico electrical code, current edition as adopted by the New Mexico construction industries division and local building codes, as applie…

A. Heating, ventilation, air-conditioning, piping, boilers, and furnaces must be installed and maintained to meet all requirements of the New Mexico commercial building code, international building code (IBC), New Mexico plumbing, mechanical and electrical codes, current edition …

All Boarding homes shall comply with the current applicable requirements of the state fire marshal, or local fire authority having jurisdiction, for fire prevention, safety, and fire safety systems. All equipment shall be properly maintained and inspected as recommended by the ma…

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 but not limited to the following: A. Health facility licensure fees and procedures, health care authority, 8.370.3 NMAC. B. Hea…

A. "Abuse" means (1) knowingly, intentionally and without justifiable cause inflicting physical pain, injury or mental anguish, and includes sexual abuse and verbal abuse; or (2) the intentional deprivation by a caretaker or other person of services necessary to maintain the ment…

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 compliance. "May" means permissive compliance. The words "adequate", "proper", and other similar words mean the degre…

A. General scope of services: These regulations apply to non-medical boarding homes that are required to be licensed under the public health act by the authority to provide residential placement to individuals seeking assistance with instrumental activities of daily living or ass…

New Mexico Health Care Authority.

A. The licensed 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 provid…

Separate licenses shall be required for facilities 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 ground or adjacent ground.

A. Licensee must submit a renewal application on forms provided by the licensing authority, along with the required fee at least 30 days prior to expiration of the current license. B. Upon receipt of renewal application and required fee prior to expiration of current license, the…

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

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 administrator occurs, the authority shall be…

A license shall not be transferred by assignment or otherwise to other persons or locations. The license shall be void and must be returned to the licensing authority when any one of the following situations occur: A. Ownership of the facility changes. B. The facility changes loc…

a license will automatically expire at midnight on the day indicated on the license as the expiration date, unless sooner renewed, suspended, or revoked, or: A. On the day a facility discontinues operation. B. On the day a facility is sold, leased, or otherwise changes ownership …

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 five working days of the suspension, unless waive…

A license may be revoked or suspended, an initial or renewal application for license may be denied, or intermediate sanctions or civil monetary penalties may be imposed after notice and opportunity for a hearing, for any of the following reasons: A. Failure to comply with any pro…

A. Hearing procedures for an administrative appeal of an adverse action taken by the licensing authority against the long term care facility as outlined in 8.370.16.17 NMAC and 8.370.16.18 NMAC will be held in accordance with adjudicatory hearings, New Mexico health care authorit…

A. Services for residents shall be provided on a continuing 24 hour basis and shall maintain or improve physical, mental and psychosocial well-being under plan of care developed by a physician or other licensed health professional and shall be reviewed and revised based on assess…

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. Definitions: As used in this section:(1) waiver: means the grant of an exemption from a requirement of these regulations; (2) variance: means the granting of an alternate requirement in place of a requirement of these regulations. B. Requirements for waivers and variances: A w…

Every resident shall have the right to: A. Communications: Have private and unrestricted communications with the resident's family, physician, attorney and any other person, unless medically contraindicated as documented by the resident's physician in the resident's medical recor…

A. Filing complaints: Any person may file a complaint with a licensee or the authority regarding the operation of a facility. Complaints may be made orally or in writing. B. Reviewing complaints: Each facility shall establish a system of reviewing complaints and allegations of vi…

A. In this section, "access" means the right to: (1) enter any facility; (2) seek a resident's agreement to communicate privately and without restriction with the resident; (3) communicate privately and without restriction with any resident who does not object to communication. B…

Definitions as used in this section: A. Locked unit: means a ward, wing or room which is designated as a protected environment and is secured in a manner that prevents a resident from leaving the unit at will. A physical restraint applied to the body is not a locked unit. A facil…

A nursing home shall be supervised by an administrator licensed under the Nursing Home Administrators Act, Sections 61-13-16 through 6113-16 NMSA 1978. Supervision shall include, but not be limited to, taking all reasonable steps to provide qualified personnel to assure the healt…

In this section, "employee" means anyone directly employed by the facility on other than a consulting or contractual basis. A. Qualifications and restrictions: No person under 16 years of age shall be employed to provide direct care to residents. B. Physical health certifications…

The administrator or administrator's designee shall provide the authority with any information required to document compliance with these regulations and shall provide reasonable means for examining records and gathering the information.

A separate record of each employee shall be maintained, be kept current, and contain sufficient information to support assignment to the employee's current position and duties.

The regulations set forth herein are promulgated pursuant to the general authority granted under Subsection E of Section 9-8-6 NMSA 1978; and the authority granted under Subsection D of Section 241-2 NMSA 1978, Subsection I of Section 24-1-3 NMSA 1978 and 241-5 NMSA 1978 of the P…

A. Timeliness: Duties relating to medical records shall be completed in a timely manner. B. Each facility shall designate an employee of the facility as the person responsible for the medical record service, who:(1) is a graduate of a school of medical record science that is accr…