51,436 sections across 3,184 New Mexico regulatory chapters.
R.8.370.16-8.370.16.77 FOOD SERVICE - GENERAL
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A. The facility shall have a kitchen or dietary area which shall be adequate to meet food service needs and shall be arranged and equipped for the refrigeration, storage and preparation, and serving of food, as well as for dish and utensil cleaning and refuse storage and removal.…
R.8.370.16-8.370.16.78 STORAGE
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A. General storage: A general storage area shall be provided for supplies, equipment, and wheelchairs. B. Linen: Facilities shall provide a linen storage space or cabinet for each nursing unit.
R.8.370.16-8.370.16.79 FAMILY AND EMPLOYEE LIVING QUARTERS
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Any family and employee living quarters shall be separate from the residents' area.
R.8.370.16-8.370.16.8 LICENSURE
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A. Application/requirements for licensure: (1) All initial 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 licens…
R.8.370.16-8.370.16.80 EMPLOYEE FACILITIES
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The following shall be provided for employees, and shall not be located in food preparation, food storage, utensil washing area or in resident's rooms: A. An area, room, or rooms for employee wraps, with lockers for purses and other personal belongings when on duty. B. Handwashin…
R.8.370.16-8.370.16.81 JANITOR FACILITIES
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Facilities shall have a mechanically ventilated janitor closet of adequate size on each floor and in the food service area, equipped with hot and cold running water and a service sink or receptor.
R.8.370.16-8.370.16.82 LAUNDRY FACILITIES
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A. Facilities: A laundry room shall be provided unless commercial laundry facilities are used. Laundry facilities shall be located in areas separate from resident units and shall be provided with necessary washing and drying equipment. B. Work room: When commercial laundries are …
R.8.370.16-8.370.16.83 ISOLATION
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For every 100 beds or fraction thereof, facilities shall have available one separate room, equipped with separate toilet, handwashing, and bathing facilities, for the temporary isolation of a resident. The isolation room bed shill be considered part of the licensed bed capacity o…
R.8.370.16-8.370.16.84 ADMINISTRATION AND ACTIVITY AREAS
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A. Administration and resident activity areas: Administration and resident activities areas shall be provided. The sizes of the various areas will depend upon the requirements of the facility. Some functions allotted separate spaces or rooms under Subsection B of 8.370.16.84 NMAC…
R.8.370.16-8.370.16.85 MIXED OCCUPANCY
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Rooms or areas within the facility may be used for occupancy by individuals other than residents and facility staff if the following conditions are met: A. the use of these rooms does not interfere with the services provided to the residents; and B. the administrator takes reason…
R.8.370.16-8.370.16.86 LOCATION AND SITE
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A. Zoning: The site shall adhere to local zoning regulations. B. Outdoor areas: Areas shall be provided for outdoor recreation area, exclusive of driveways and parking area. C. Parking: Space for off-street parking for staff and visitors shall be provided.
R.8.370.16-8.370.16.87 SUBMISSION OF PLANS AND SPECIFICATIONS
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For all new construction: A. One copy of schematic and preliminary plans shall be submitted to the authority for review and approval of the functional layout. B. One copy of working plans and specifications shall be submitted to and approved by the authority before construction i…
R.8.370.16-8.370.16.88 RELATED REGULATIONS AND CODES
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Long term care 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…
R.8.370.16-8.370.16.9 TYPES OF LICENSE
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A. Annual license: An annual license is issued for a one year period to a long term care facility which has met all requirements of these regulations. B. Temporary license: The licensing authority may, at its sole discretion, issue a temporary license prior to the initial survey,…
R.8.370.17-8.370.17.1 ISSUING AGENCY
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New Mexico Health Care Authority, Division of Health Improvement.
R.8.370.17-8.370.17.10 LICENSE REQUIRED
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A freestanding birth center facility shall not be operated without a license issued by the authority. Any freestanding birth center or facility operating after the effective date of these regulations, must be licensed under these regulations. Any facility providing the services d…
R.8.370.17-8.370.17.11 INITIAL LICENSURE PROCEDURES
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These regulations should be thoroughly understood and used by the applicant, when applying for the initial freestanding birth center license. The applicant for an initial facility license under these regulations must follow these procedures when applying for a license. A. Notific…
R.8.370.17-8.370.17.12 ADDITIONAL DOCUMENTS REQUIRED WITH LICENSE APPLICATION
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The authority reserves the right to require an applicant to provide any and all additional documents, as part of its license application, in order for the authority to determine whether the applicant and the facility are in full compliance with these regulations, as well as any a…
R.8.370.17-8.370.17.13 LICENSE TYPES, VARIANCES AND WAIVERS
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A. Temporary license: The licensing authority may, at its sole discretion, issue a temporary license to a new freestanding birth center before clients are admitted or for facilities that existed prior to enactment of these regulations, provided that the freestanding birth center …
R.8.370.17-8.370.17.14 LICENSE RENEWAL
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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 facility complies …
R.8.370.17-8.370.17.15 POSTING OF LICENSE
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The facility's license must be posted in a conspicuous place on the licensed premises in an area visible to the public.
R.8.370.17-8.370.17.16 NON-TRANSFERABLE RESTRICTION ON LICENSE
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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…
R.8.370.17-8.370.17.17 AUTOMATIC EXPIRATION OR TERMINATION OF LICENSE
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An existing license shall automatically expire at midnight on the day indicated on the license, unless it is renewed sooner or it has been suspended or revoked. If a facility discontinues operation, is sold, leased or otherwise changes any ownership interest or changes location, …
R.8.370.17-8.370.17.18 SUSPENSION OF LICENSE WITHOUT PRIOR HEARING
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If immediate action is required to protect human health and safety, the licensing authority may act in accordance with Section 24-1-5 NMSA 1978, as amended, and suspend a license pending a hearing, provided such hearing is held within five working days of the suspension, unless w…
R.8.370.17-8.370.17.19 GROUNDS FOR DENIAL OF INITIAL OR RENEWAL LICENSE APPLICATION, SUSPENSION OR REVOCATION OF LICENSE, OR IMPOSITION OF INTERMEDIATE SANCTIONS OR CIVIL MONETARY PENALTIES
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An initial license application or a renewal license application may be denied, or an existing license may be revoked or suspended, or intermediate sanctions or civil monetary penalties may be imposed, after notice and opportunity for a hearing, for any of the following: A. failur…
R.8.370.17-8.370.17.2 SCOPE
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A. These regulations apply to public, for profit and nonprofit freestanding birth centers providing the services specified in these regulations. Any freestanding birth center providing services specified in these regulations must be licensed under these regulations prior to obtai…
R.8.370.17-8.370.17.20 HEARING PROCEDURES
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Hearing procedures for an administrative appeal of an adverse action taken by the authority against a facility's license will be held in accordance with applicable rules relating to adjudicatory hearings, including, but not limited to, 8.370.2 NMAC. A copy of the above regulation…
R.8.370.17-8.370.17.21 FACILITY SURVEYS
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A. Application for licensure, whether initial or renewal, shall constitute permission for unrestricted entry into and survey of a facility by authorized licensing authority representatives at times of operation during the pendency of the license application, and if licensed, duri…
R.8.370.17-8.370.17.22 REPORTING OF INCIDENTS
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All facilities licensed under these regulations must comply with all incident intake, processing, training and reporting requirements under these regulations, as well as with any and all other applicable statutes and regulations. All facilities shall report to the licensing autho…
R.8.370.17-8.370.17.23 QUALITY ASSURANCE, QUALITY IMPROVEMENT SYSTEM, INTERNAL QUALITY COMMITTEE, EXTERNAL QUALITY COMMITTEE AND POLICIES AND PROCEDURES
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Each facility shall establish and maintain policies and procedures for quality assurance and quality improvement systems, as well as an internal quality committee and an external quality committee. A. Policies and procedures: The administrator shall establish written policies and…
R.8.370.17-8.370.17.24 RISK ASSESSMENT, CLIENT ACCEPTANCE AND LABOR ADMISSION CRITERIA
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All licensed facilities shall follow and maintain written clinical practice guidelines which address, at a minimum, eligibility for care, ongoing eligibility, medical consultation, and transfer criteria in accordance with the scope of practice authorized under each practitioner's…
R.8.370.17-8.370.17.25 CLIENT RIGHTS
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All facilities licensed pursuant to these regulations shall support, protect, and respect clients' rights. Facility staff shall receive training on client rights and demonstrate understanding and competence in the policies and procedures regarding client rights. Client rights wil…
R.8.370.17-8.370.17.26 CLIENT HEALTH RECORD
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The facility shall maintain client health records in a legible, uniform, complete and accurate format that provides continuity and documentation of maternal and newborn information which is readily accessible to health care practitioners, while protecting confidentiality, using a…
R.8.370.17-8.370.17.27 MINIMUM STAFFING REQUIREMENTS
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Qualified and properly licensed professional and clinical staff shall provide quality family centered maternal and newborn care consistent with the scope of practice authorized under each individual practitioner's license(s). Direct care staff shall have access to consulting clin…
R.8.370.17-8.370.17.28 MINIMUM STAFF QUALIFICATIONS
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The facility staff minimum qualifications shall be: A. Administrator qualifications: The administrator must:(1) be at least age 21; (2) have a high school diploma or general educational development (GED) certificate and two years of administrative or management experience; (3) be…
R.8.370.17-8.370.17.29 STAFF RECORDS
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At a minimum, staff records shall include: A. Personnel records: Each facility licensed pursuant to these regulations must maintain complete written records for each staff member, employee, contractor and volunteer working at the facility, that are available for review upon reque…
R.8.370.17-8.370.17.3 STATUTORY AUTHORITY
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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, Subsection I of Section 24-1-3, Subsection R of Section 24-1-3 and 24-1-5 NMSA …
R.8.370.17-8.370.17.30 RESEARCH
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A. If a facility is conducting research activities, the facility must have written policies and procedures for conducting the research being done, documentation that the study has received institutional review board (IRB) approval and a consent form for each client involved in th…
R.8.370.17-8.370.17.31 PHARMACEUTICAL SERVICES
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A. One individual shall be designated responsibility for pharmaceutical services to include accountability and safeguarding. B. Keys to the drug room or pharmacy must only be made available to authorized personnel by the individual having responsibility for pharmaceutical service…
R.8.370.17-8.370.17.32 LABORATORY SERVICES
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A. A facility that provides on-site laboratory services shall meet all current CLIA regulations and must have a CLIA certificate appropriate to the level of testing (e.g., certificate of waiver, provider performed microscopy (PPM) or certification for moderately complex testing o…
R.8.370.17-8.370.17.33 INFECTION CONTROL
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A. The facility shall develop, implement and enforce written infection control policies and procedures to minimize the transmission of infection. Policies shall include educational course requirements; decontamination, disinfection, sterilization, and storage of sterile supplies;…
R.8.370.17-8.370.17.34 EMERGENCY MEDICAL SERVICES
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All freestanding birth centers shall have a written policy regarding emergency transfer for clients or newborns including emergency response personnel and accepting hospital facility which shall be followed in the event of an emergency. A. Each facility must maintain and have eas…
R.8.370.17-8.370.17.35 BUSINESS HOURS AND OPERATIONAL RECORDS
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The facility shall post its hours of operation in a public location that can be seen by clients and visitors both inside and outside the facility. The facility shall keep all operational reports and records on file at the facility and make them available for review to document co…
R.8.370.17-8.370.17.36 BUILDING STANDARDS FOR FREESTANDING BIRTH CENTERS
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The purpose of a freestanding birth centers is to establish a safe, homelike environment for healthy women anticipating a low risk birth so long as there is sufficient space, furnishings, equipment and supplies to comfortably accommodate the number of families, mothers, newborns …
R.8.370.17-8.370.17.37 MINIMUM FACILITY SPACE REQUIREMENTS
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Each facility shall include and provide sufficient space for the following areas: A. Public areas: The facility shall provide in the public areas: (1) sufficient parking space(s) for the public, each birthing room and each employee present on any single shift; (2) a reception and…
R.8.370.17-8.370.17.38 MINIMUM SAFETY REQUIREMENTS
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Each facility shall comply with the following minimum safety requirements: A. Exits: (1) Each facility and each floor of the facility shall have exits as required and permitted by current fire protection and life safety codes adopted by the state. (2) Exit ways must be kept free …
R.8.370.17-8.370.17.39 MINIMUM ENVIRONMENTAL REQUIREMENTS
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Each facility shall comply with the following minimum environmental requirements: A. Floors and walls: All finishes shall be kept clean and shall be of the type that is appropriate for the cleaning methods and solutions used to maintain a clean and safe environment.(1) Floor mate…
R.8.370.17-8.370.17.4 DURATION
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Permanent.
R.8.370.17-8.370.17.40 MINIMUM LIGHTING AND ELECTRICAL STANDARDS
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A. Electrical standards: The facility shall provide that: (1) all facility electrical sources, supplies, and equipment comply with all applicable national, state and local electrical codes; (2) all circuit breakers or fused switches provide electrical disconnection and over curre…
R.8.370.17-8.370.17.41 MINIMUM HEATING, VENTILATION AND AIR CONDITIONING STANDARDS
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The facility shall provide and maintain heating, ventilating and air conditioning or air cooling systems sufficient to keep all facility occupants comfortable which include but are not limited to: A. Heating, airconditioning or air cooling, piping, boilers and ventilation equipme…