51,436 sections across 3,184 New Mexico regulatory chapters.
R.8.370.16-8.370.16.31 MEDICAL RECORDS - GENERAL
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A. Availability of records: Medical records of current residents shall be stored in the facility and shall be easily accessible, at all times, to persons authorized by the resident to obtain the release of the medical records. B. Organization: The facility shall maintain a system…
R.8.370.16-8.370.16.32 MEDICAL RECORDS - CONTENT
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Except for persons admitted for short-term care, each resident's medical record shall contain: A. Identification and summary sheet: B. Physician's documentation:(1) An admission medical evaluation by a physician, including:(a) a summary of prior treatment; (b) current medical fin…
R.8.370.16-8.370.16.33 OTHER RECORDS
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The facility shall retain: A. Dietary records: All menus and therapeutic diets for one year. B. Staffing records: Records of staff work schedules and time worked for one year. C. Safety tests: Records of tests of fire detection, alarm, and extinguishment equipment. D. Resident ce…
R.8.370.16-8.370.16.34 LICENSE LIMITATIONS
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A. Bed capacity: No facility may house more residents than the maximum bed capacity for which it is licensed. Persons participating in a day care program are not residents for purposes of these regulations. B. Care levels: No person who requires care greater than that which the f…
R.8.370.16-8.370.16.35 OTHER LIMITATIONS ON ADMISSION
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A. Persons requiring unavailable services: Persons who require services which the facility does not provide or make available shall not be admitted or retained. B. Communicable diseases: (1) Restriction: No person suspected of having a disease in a communicable state shall be adm…
R.8.370.16-8.370.16.36 PROGRAM STATEMENT FOR DEVELOPMENTALLY DISABLED RESIDENTS
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A. Approval: Each facility serving residents who have a developmental disability and require active treatment shall submit a written program statement to the authority for approval. B. Contents: The program statement shall detail the following:(1) services to be provided; (2) adm…
R.8.370.16-8.370.16.37 PROCEDURES FOR ADMISSION OF RESIDENTS
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A. "Applicability": The procedures in this section apply to all persons admitted to facilities except persons admitted for short-term care. B. "Physicians orders": No person may be admitted as a resident except upon: (1) order of a physician; (2) receipt of information from a phy…
R.8.370.16-8.370.16.38 REMOVALS FROM THE FACILITY
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The provisions of this section shall apply to all resident removals. A. Conditions: No resident may be temporarily or permanently removed from this facility except: (1) Voluntary removal: Upon the request or with the informed consent of the resident or guardian. (2) Involuntary r…
R.8.370.16-8.370.16.39 TRANSFER AGREEMENTS
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A. Requirement: Each facility shall have in effect a transfer agreement with one or more hospitals under which in-patient hospital care or other hospital services are available promptly to the facility's resident's when needed. Facilities under same management having identified d…
R.8.370.16-8.370.16.4 DURATION
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Permanent.
R.8.370.16-8.370.16.40 BEDHOLD
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A. Bedhold: A resident who is on leave or temporarily discharged has expressed an intention to return to the facility under the terms of the admission policy for bedhold, shall not be denied readmission, if level of care remains the same. B. Limitation: The facility shall hold a …
R.8.370.16-8.370.16.41 TRANSFER WITHIN THE FACILITY
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Prior to any transfer of a resident between rooms or beds within a facility, the resident or guardian, if any, and any other person designated by the resident shall be given a reasonable notice and explanation of the reasons for transfer. Transfer of a resident between rooms or b…
R.8.370.16-8.370.16.42 INDIVIDUAL CARE
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Each resident shall receive care based upon individual needs. A. Hygiene: (1) Each resident shall be kept comfortably clean and well groomed. (2) Beds shall be made daily, with a complete change of linen to be provided as often as necessary, but at least once a week. (3) Resident…
R.8.370.16-8.370.16.43 NOTIFICATION OF CHANGES IN CONDITION OR STATUS OF RESIDENT
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A. Changes in condition: A resident's physician, guardian, if any, and any other responsible person designated in writing by the resident or guardian to be notified shall be notified promptly of any significant accident, injury, or adverse change in the resident's condition. B. C…
R.8.370.16-8.370.16.44 TREATMENT AND ORDERS
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A. Orders: (1) Restriction: Medications, treatments and rehabilitative therapies shall be administered as ordered by a physician or dentist subject to the resident's rights to refuse them. No medication, treatment or changes in medication or treatment may be administered to a res…
R.8.370.16-8.370.16.45 PHYSICAL AND CHEMICAL RESTRAINTS
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A. Definitions: As used in this subsection, the following definitions apply: (1) Physical restraint: means any article, device, or garment which is used primarily to modify, resident behavior by interfering with the free movement of the resident, and which the resident is unable …
R.8.370.16-8.370.16.46 USE OF OXYGEN
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A. Orders of oxygen: Except in an emergency, oxygen shall be administered only on order of a physician. B. Person administering: Oxygen shall be administered to residents only by a capable person trained in its administration and use. C. Signs: "No smoking" signs shall be posted …
R.8.370.16-8.370.16.47 RESIDENT CARE PLANNING
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A. Developmental and content of care plans: Except In the case of a person admitted for short-term care, within two weeks following admission a written care plan shall be developed, based on the resident's history and assessments from all appropriate disciplines and the physician…
R.8.370.16-8.370.16.48 MEDICAL DIRECTION IN SKILLED CARE FACILITIES
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A. Medical director: Every skilled care facility shall retain, pursuant to a written agreement, a physician to serve as medical director on a part-time or full-time basis as is appropriate for the needs of the residents and the facility. If the facility has an organized medical s…
R.8.370.16-8.370.16.49 PHYSICIAN SERVICES IN ALL FACILITIES
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The facility shall assure that the following services are provided: A. Attending physicians: Each resident shall be under the supervision of a physician of the resident's or guardian's choice who evaluates and monitors the resident's immediate and longterm needs and prescribes me…
R.8.370.16-8.370.16.5 EFFECTIVE DATE
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July 1, 2024, unless a different date is cited at the end of a section.
R.8.370.16-8.370.16.50 NURSING SERVICES
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A. Definitions: (1) Nursing personnel: means nurses, nurse aides, nursing assistants, and orderlies. (2) Ward clerk: means an employee who performs clerical duties of the nursing personnel. B. Director of nursing services in skilled care and intermediate care facilities:(1) Staff…
R.8.370.16-8.370.16.51 NURSING STAFF
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In addition to the requirements of 8.370.16.50 NMAC, the following conditions shall be met: A. Assignments: There shall be sufficient nursing service personnel assigned to care for the specific needs of each resident on each tour of duty. Those personnel shall be briefed on the c…
R.8.370.16-8.370.16.52 DIETARY SERVICE
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The facility shall provide a dietary service or contract for a dietary service which meets the requirements of this section. A. Staff: (1) Full or part-time supervisor: The dietary service shall be supervised by a full-time supervisor, except that an intermediate care facility wi…
R.8.370.16-8.370.16.53 FOOD SUPPLIES AND PREPARATION
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A. Supplies: Food shall be purchased or procured from approved sources or sources meeting federal, state, and local standards or laws. B. Preparation: Food shall be cleaned and prepared by methods that conserve nutritive value, flavor and appearance. Food shall be cut, chopped, o…
R.8.370.16-8.370.16.54 SANITATION
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A. Equipment and utensils: (1) All equipment, appliances and utensils used in preparation or serving of food shall be maintained in a functional, sanitary, and safe condition. Replacement equipment shall meet criteria established in "listing of food service equipment" by the nati…
R.8.370.16-8.370.16.55 REHABILITATIVE SERVICES
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Each facility shall either provide or arrange for, under written agreement, specialized rehabilitative services as needed by residents to improve and maintain functioning. A. Conformity with orders and plan: Rehabilitative services shall be administered under a written plan of ca…
R.8.370.16-8.370.16.56 SPECIALIZED SERVICES-QUALIFICATIONS
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A. Physical therapy: Physical therapy shall be given or supervised only by a licensed physical therapist. B. Speech and hearing therapy: (1) Speech and hearing therapy shall be given or supervised only by a therapist who is licensed under the New Mexico Speech-Language and Pathol…
R.8.370.16-8.370.16.57 PHARMACEUTICAL SERVICES
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A. Definitions: As used in this section:(1) Medication: has the same meaning as the term "drug". (2) Prescription medication: has the same meaning as the term "prescription drug". B. Services: Each facility shall provide for obtaining medications for the residents from licensed p…
R.8.370.16-8.370.16.58 DIAGNOSTIC SERVICES
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A. Requirement of services: The facility shall provide for promptly obtaining required laboratory, x-ray, and other diagnostic services. B. Facility-provided services: Any laboratory and x-ray services provided by the facility shall meet the applicable requirements for hospitals.…
R.8.370.16-8.370.16.59 BLOOD AND BLOOD PRODUCTS
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Any blood-handling and storage facilities shall be safe, adequate, and properly supervised. If the facility provides for maintaining and transferring blood and blood products, it shall meet the appropriate requirements for licensed hospitals. If the facility only provides transfu…
R.8.370.16-8.370.16.6 OBJECTIVE
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A. Establish minimum standards for long term care facilities in the state of New Mexico. B. Monitor long term care facilities with these regulations through surveys to identify any areas which could be dangerous or harmful to the residents or staff. C. Encourage the maintenance o…
R.8.370.16-8.370.16.60 DENTAL SERVICES
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A. Advisory dentist: The facility shall retain an advisory dentist to participate in the staff development program for nursing and other appropriate personnel to recommend oral hygiene policies and practices for the care of residents. B. Attending dentists: (1) Arrangements for d…
R.8.370.16-8.370.16.61 SOCIAL SERVICES
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A. Provision of services: Each facility shall provide for social services in conformance with this section. B. Staff: (1) Social worker: Each facility shall employ or retain a person full-time or part-time to coordinate the social services, to review the social needs of residents…
R.8.370.16-8.370.16.62 ACTIVITIES
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A. Program: (1) Every facility shall provide an activities program which meets the requirements of this section. The program may consist of any combination of activities provided by the facility and those provided by other community resources. (2) The activities program shall be …
R.8.370.16-8.370.16.63 EQUIPMENT AND SUPPLIES
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A. Beds: (1) Each resident shall be provided a bed which is at least 36 inches wide, is equipped with a headboard of sturdy construction and is in good repair. Roll-away beds, day beds, cots, or double or folding beds shall not be used. (2) Each bed shall be in good repair and pr…
R.8.370.16-8.370.16.64 RESIDENT CARE EQUIPMENT
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A. Personal need items: When a resident because of their conditions needs a mouthwash cup, a wash basin, a soap dish, a bedpan, an emesis basin, or a standard urinal and cover, that item shall be provided to the resident. This equipment may not be interchanged between residents u…
R.8.370.16-8.370.16.65 MAINTENANCE
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All facility furnishings and equipment shall be maintained in a usable, safe and sanitary condition.
R.8.370.16-8.370.16.66 STERILIZATION OF SUPPLIES AND EQUIPMENT
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Each facility shall provide sterilized supplies and equipment by one or more of the following methods: A. use of an autoclave; B. use of disposable, individually wrapped, sterile supplies such as dressings, syringes, needles, catheters, and gloves; C. sterilization services under…
R.8.370.16-8.370.16.67 SANITIZATION OF UTENSILS
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Utensils such as individual bedpans, urinals and wash basins which are in use shall be sanitized in accordance with acceptable sanitization procedures on a routine schedule. These procedures shall be done in an appropriate area.
R.8.370.16-8.370.16.68 DISINFECTION OF RESIDENT GROOMING UTENSILS
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Hair care tools such as combs, brushes, metal instruments, and shaving equipment which are used for more than one resident shall be disinfected before each use.
R.8.370.16-8.370.16.69 OXYGEN
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A. No oil or grease shall be used on oxygen equipment. B. When placed at the resident's bedside, oxygen tanks shall be securely fastened to a tip-proof carrier or base. C. Oxygen regulators shall not be stored with solution left in the attached humidifier bottle. D. When in use a…
R.8.370.16-8.370.16.7 DEFINITIONS
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For purposes of these regulations the following shall apply: A. Definitions beginning with "A": (1) "Abuse" means any act or failure to act performed intentionally, knowingly, or recklessly that causes or is likely to cause harm to a resident, including but not limited to:(a) Phy…
R.8.370.16-8.370.16.70 HOUSEKEEPING SERVICES
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A. Requirement: Facilities shall develop and implement written policies that ensure a safe and sanitary environment for personnel and residents at all times. B. Cleaning: (1) General: The facility shall be kept clean and free from offensive odors, accumulations of dirt, rubbish, …
R.8.370.16-8.370.16.71 PHYSICAL ENVIRONMENT
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A. General: The buildings of the nursing facility shall be constructed and maintained so that they are functional for diagnosis and treatment and for the delivery services appropriate to the needs of the community and with due for protecting the health and safety of the patients.…
R.8.370.16-8.370.16.72 RESIDENTS' ROOMS
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A. Assignment of residents: Residents co-habiting a double occupancy room or a ward shall be of the same sex unless residents are married, related, or are consenting adults. B. Location: No bedroom housing or resident shall:(1) Open directly to a kitchen or laundry. (2) Be locate…
R.8.370.16-8.370.16.73 TOILET AND BATHING FACILITIES
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A. General: All lavatories required by this subsection shall have hot and cold running water. Toilets shall be water flushed and equipped with open front seats without lids. (1) Toilet facilities shall be provided in conjunction with each resident's rooms, with not more than two …
R.8.370.16-8.370.16.74 NURSING FACILITIES
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A. All facilities: Each facility shall have:(1) A medicine storage area. (2) Space for storage of linen, equipment, and supplies. (3) Utility rooms, which shall be located, designed and equipped to provide areas for the separate handling of clean and soiled linen, equipment, and …
R.8.370.16-8.370.16.75 NURSE CALL SYSTEM
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A nurse call station shall be installed at each resident's bed, in each resident's toilet room, and at each bathtub and shower. The nurse call at the toilet, bath, and shower rooms shall be an emergency call equipped with pull cords of sufficient length to extend to within 18 inc…
R.8.370.16-8.370.16.76 DINING, RECREATION AND ACTIVITY AREAS
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A. Multi-purpose space: The facility shall provide one or more furnished multi-purpose areas of adequate size for dining, diversional, and social activities of residents. B. Lounge: At least one dayroom or lounge, shall be provided for use of the residents. C. Size of dining room…