New Mexico Administrative Code

All current applicable requirements of state and local codes for fire prevention and safety must be met by the facility including, but not limited to: A. Fire clearance and inspections: Each facility must request from the fire authority having jurisdiction an annual fire inspecti…

The facilities that are subject to this rule are also subject to other statutes, rules, codes and standards that may, from time to time, be amended, including all authorizing statutes under which any applicable regulations have been promulgated. Applicable regulations include, bu…

If any section or provision or application of these regulations is held to be invalid, the remainder and its application to other situations or persons shall not be affected or interfere with the remaining requirements provided by these regulations.

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

A. To encourage the establishment and maintenance of freestanding birth centers which provide quality care within a safe home like environment for mothers and infants. B. To establish minimum standards for licensing of freestanding birth centers that provide birthing services dif…

A. "AABC" means American association of birth centers. B. "Administrator" means the person who is delegated the administrative responsibility for interpreting, implementing, and applying policies and procedures at the birth center. The administrator is responsible for establishin…

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. Freestanding birth centers endorse the wellness care model by providing supportive care and using interventions only when medically necessary. Birth centers may provide women's health services including annual exams, contraception counseling, pre-con…

New Mexico Health Care Authority.

To obtain an initial license for a facility pursuant to these regulations the following procedures must be followed by the applicant. A. Initial Phase: These regulations should be thoroughly understood by the applicant and used as a reference for design of a new building or renov…

A. Annual license: An annual license is issued for a one year period to a 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, or when it fin…

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 their current licens…

The facility's license must be posted in a conspicuous place on the licensed premises in an area visible to the public.

A. 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 occurs: (1) ownership of the facility changes; (2) the facility chang…

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; or B. on the day a facility is sold, leased, or otherwise changes ownershi…

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: A. failure to comply with any provision o…

A. Hearing procedures for an administrative appeal of an adverse action taken by the licensing authority against a facility's license as outlined in 8.370.18.16 and 8.370.18.17 NMAC above will be held in accordance with adjudicatory hearings, New Mexico health care authority, 8.3…

Any facility currently licensed on the date these regulations are promulgated and which provides the services prescribed under these regulations, but which fails to meet all building requirements, may continue to be licensed under the appropriate type of outpatient facility. A. V…

A. These regulations apply to the following: (1) public, profit or nonprofit outpatient facilities, ambulatory surgical centers, diagnostic and treatment centers, or infirmaries, providing services as outlined by these regulations; or (2) any facility providing services as outlin…

A. A new facility may be opened in an existing building or a newly constructed building. If opened in an existing building a variance may be granted for those building requirements the facility cannot meet under the same criteria outlined in Subsections A, B and C of 8.370.18.19 …

A. Application for licensure, whether initial or renewal, shall constitute permission for entry into and survey of a facility by authorized licensing authority representatives at reasonable times during the pendency of the application and, if licensed, during the licensure period…

All facilities licensed pursuant to these regulations must report to the licensing authority any serious incident or unusual occurrence which has, or could threaten the health, safety, and welfare of the patients or staff, such as but not limited to: A. fire, flood, or other natu…

All facilities licensed pursuant to these regulations must have an ongoing, comprehensive self-assessment of the services provided by the facility. The assessment must include the total operation of the facility. A. To be considered comprehensive the assessment for quality assura…

Each facility licensed pursuant to these regulations must maintain a medical record for each patient. Every record must be accurate, legible and promptly completed. Medical records must include at least the following: A. Ambulatory surgical centers:(1) patient identification; (2)…

Each facility licensed pursuant to these regulations must keep the following reports and records on file and make them available for review upon request of the licensing authority. A. A copy of the latest fire inspection report by the fire authority having jurisdiction. B. A copy…

A. All facilities licensed pursuant to these regulations shall support, protect and enhance the rights of patients as shown below: (1) the right to efficient and equal service, regardless of their race, sex, religion, ethnic background, education, social class, physical or mental…

Each facility licensed pursuant to these regulations must maintain a complete record on file for each staff member or volunteer working more than half-time. Staff records will be made available for review upon request of the licensing authority. A. Staff records will contain at l…

A. All facilities licensed pursuant to these regulations must have written policies and procedures for the following:(1) quality assurance program; (2) maintenance of building and equipment; (3) fire and evacuation; (4) staff development and evaluation; (5) administration and pre…

A. New construction, additions and alterations: When construction of new buildings, additions, or alterations to existing buildings are contemplated, plans and specifications covering all portions of the work must be submitted to the licensing authority for plan review and approv…

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 24-1-2, Subsection I of Section 24-1-3, and Section 24-1-5 of the Public Health Act, N…

Facilities must maintain the building(s) in good repair at all times. Such maintenance shall include, but is not limited to, the following. A. All electrical, signaling, mechanical, water supply, heating, fire protection, and sewage disposal systems must be maintained in a safe a…

A. The facility must be kept free from offensive odors and accumulations of dirt, rubbish, dust, and safety hazards. B. Examination rooms, operating rooms, patient rooms, waiting areas and other areas of daily usage must be cleaned daily. C. Floors and walls must be constructed o…

A. A facility licensed pursuant to these regulations must be provided with an adequate supply of water which is of a safe and sanitary quality suitable for domestic use. B. If the water supply is not obtained from an approved public system, the private water system must be inspec…

A. All sewage and liquid wastes must be disposed of into a municipal sewage system where such facilities are available. B. Where a municipal sewage system is not available, the system used must be inspected and approved by the New Mexico environment department or recognized local…

All current applicable requirements of state and local codes for fire prevention and safety must be met by the facility.

Each facility must request from the fire authority having jurisdiction an annual fire inspection. If the policy of the fire authority having jurisdiction does not provide for annual inspection of the facility, the facility must document the date the request was made and to whom. …

A. All staff of the facility must know the location of and instructed in proper use of fire extinguishers and other procedures to be observed in case of fire or other emergencies. The facility should request the fire authority having jurisdiction to give periodic instruction in f…

Each facility must have a fire evacuation plan conspicuously posted in each separate area of the building showing routes of evacuation in case of fire or other emergency.

A. An easily accessible telephone for summoning help, in case of emergency, must be available in the facility. B. A list of emergency numbers, including, but not limited to, fire department, police department, ambulance services, and poison control center must be prominently post…

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…

Permanent.

A manually operated, electrically supervised fire alarm system shall be installed in each facility as required by national fire protection association 101 (life safety code). Infirmaries, ambulatory surgical centers, and multiple story facilities require manual alarm systems.

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.

A. Each facility shall have at least one janitor's closet. If a facility is more than one story there must be a janitor's closet on each floor. B. Each janitor's closet shall contain: (1) a service sink; (2) storage for housekeeping supplies and equipment. C. Each janitor's close…

A. A facility must be provided with emergency lighting which 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. C. Facilities utilizing general anesthesia or life…

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 …

The facility must meet the following requirements for lighting: 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;…

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…

A. Heating, air conditioning, 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 …