New Mexico Administrative Code

In accordance with accepted principles of practice, the hospice must establish and maintain a clinical record for every individual receiving care and services. The record must be complete, promptly and accurately documented, readily accessible to staff, and systematically organiz…

A hospice must provide an ongoing program of employee psychological support, and continuing education of its staff in hospice care. At least 12 clock hours of training per year in hospice care shall be provided.

Prior to employment, any paid volunteer staff working with patients shall present a certificate from a licensed physician that the person is free from tuberculosis. All certificates shall be filed in the hospice office and be available for inspection.

A hospice shall ensure that licensed professional staff are supervised as required under the relevant professional licensing act. All other staff including volunteers must be adequately supervised.

A written plan of care must be established and maintained for each individual admitted to a hospice program, and the care provided to an individual must be in accordance with the plan. A. A plan must be established by the attending physician and interdisciplinary team within five…

The regulations set forth herein are promulgated pursuant to the general authority granted under Subsection E of Section 9-8-6 NMSA 1978, as amended; 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 H…

All hospice facilities and agencies licensed pursuant to these regulations shall support, protect and enhance the rights of patients.

Each hospice facility or agency must obtain from each patient a signed informed consent form. The informed consent form shall specify the type of hospice care and services that will be provided during the course of illness.

Medical supplies and appliances, including drugs and biologicals, must be available as needed for the palliation and management of the terminal illness, although the hospice need not supply these directly.

A. Nursing services: The hospice facility shall provide 24 hour nursing services which are sufficient to meet the total nursing needs of the patient and which are in accordance with each patient's plan of care. B. Treatments: Each patient shall receive treatments, including medic…

Each hospice facility shall maintain a pharmaceutical service that is conducted in accordance with current standards of practice and all applicable laws and regulations: A. A pharmaceutical service shall be directed by a licensed pharmacist. B. The scope of pharmaceutical service…

Medications can only be administered by the following individuals: A. a licensed nurse or physician; or B. a patient on order of the physician; or C. a licensed respiratory therapist for drug administration during respiratory therapy.

The hospice facility shall provide or contract for a dietary service which meets the nutritional needs of each client. A. Supervision of the dietary services shall be provided by:(1) a dietitian; or (2) a staff person experienced in food service who shall receive consultation fro…

A. Storage and handling of food: All food shall be purchased, stored, prepared, distributed and served under sanitary conditions which prevent contamination. B. All equipment, appliances and utensils used in preparation or serving of food shall be maintained in a functional, sani…

The hospice facility shall develop and implement an infection control program which shall have as its purpose the protection of the patient, family, and facility personnel from infections associated with patients admitted to home care, inpatient respite, or day care programs. A. …

The building of the hospice facility shall be constructed and maintained so that it is functional for the delivery of services appropriate to the needs of the hospice patient. A. The hospice facility shall meet all state and local laws, regulations and zoning requirements. B. The…

Permanent.

A. Rooms: (1) Each patient room shall be directly accessible from a corridor, activity room, or common area. (2) Each sleeping room shall have a clear window or relite area of approximately one-tenth of the usable floor area providing for patient visibility of the out-of-doors. (…

A. There shall be, minimally, one bathing facility for each six patients within the inpatient hospice facility, or major fraction thereof (tub, shower, portable shower, portable tub or equivalent). B. Toilets shall be in a ratio of at least one toilet for every four patients, or …

Carpets may be used in patient and non-patient occupied areas with the following exceptions: toilet rooms, bathing facilities, isolation rooms, laundry rooms, utility rooms, examination or treatment rooms, housekeeping closets: A. Specifications for acceptable carpeting include: …

A. There shall be provision for adequate personal privacy for personal and private activities such as toileting, bathing, dressing, sleeping, communicating with family and time alone. B. There shall be adequate visiting and lounge areas. A ratio of 15 square feet per patient bed …

The hospice facility shall have available at all times a quantity of linen essential for proper care and comfort of patients. Linens shall be handled, stored, processed, and transported in such a manner as to prevent the spread of infection. A. A safe and adequate clean linen sto…

A. Sufficient clean storage and handling room(s) shall provide closed storage for clean and sterile supplies and equipment. B. Washing, disinfection, storage and other handling of medical and nursing supplies and equipment shall be accomplished in a manner which ensures segregati…

A. Adequate and clean housekeeping equipment shall be maintained. B. At least one service sink and housekeeping closet or enclosed cabinet equipped with shelving shall be provided in a suitable setting within the facility or combined with a soiled utility room. A clinic service s…

A. There shall be a telephone readily available for patients to make and receive confidential calls. B. There shall be at least one "non-pay" telephone per floor readily accessible in event of fire and other emergencies. C. A nurse call system shall be provided at each bed and in…

The water supply and the waste and drainage system of the hospice shall be maintained to avoid unsanitary conditions. A. There shall be an adequate supply of hot and cold running water under pressure. B. Hot water shall be of a safe temperature at all fixtures used by patients. H…

The heating system in all patient areas shall be operated and maintained to provide a comfortable temperature of between 70 degrees and 75 degrees fahrenheit.

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

There shall be ventilation for all rooms used by patients and personnel sufficient to remove any objectionable odors, excess heat, and condensation. Inside rooms, including toilets, bath rooms, smoking rooms, and other rooms in which excessive moisture, odors or contaminants orig…

Adequate lighting appropriate to the function shall be provided in all usable areas of the hospice. A. Appropriate, adequate, and safe electrical service shall be provided. B. Adequate emergency lighting for means of egress, (battery operated acceptable) shall be provided. C. Ade…

The hospice facility shall be accessible and equipped to accommodate physically handicapped individuals.

The hospice facility shall have an acceptable plan, periodically rehearsed with staff, with procedures to be followed in the event of an internal or external disaster and for the care of casualties (patients and personnel) arising from such disaster.

Hospice facilities providing inhome and inpatient hospice services 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 healt…

The purpose of these regulations is: A. Establish minimum standards for licensing of hospice facilities and agencies that provide inhome and inpatient hospice care. B. To monitor hospice facilities and agencies providing inhome and inpatient hospice services with these regulation…

For purposes of these regulations the following shall apply. A. "Administrator" means the person appointed by the governing body to be in charge of the day-to-day operation of a facility or agency providing hospice services. B. "Applicant" means the individual who, or organizatio…

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. "May" means permissive. The use of the words "adequate", "proper", "appropriate" and other similar words means the d…

A. All initial applications shall be made on forms provided by the licensing authority. B. Shall be fully completed. C. Signed by the person who shall be the licensee. D. And shall be notarized. E. All initial applications shall be accompanied by a resume and three character refe…

This rule is promulgated and issued by the New Mexico Health Care Authority.

If any portion of this rule or the application of this rule, is held to be invalid, the validity of the remainder of the regulations, or the application of the regulations to different situations or persons, shall not be affected.

The actions or proposed actions of the authority which may be contested are: A. denial of an application for initial annual license; B. denial of an application for renewal of an annual license; C. a cease and desist order; D. emergency suspension of license (pre-hearing); E. sus…

The hearing process is begun upon receipt by the licensing authority of a timely request for hearing, or, in the case of a prehearing emergency suspension of license, by service upon the licensee of an emergency suspension order and notice of hearing.

A. Written and signed: the request for hearing shall be made in writing and shall be signed by the person or an authorized representative of the person against whom the action of the authority is taken. B. Delivery: the request for hearing shall be addressed to the director of th…

The request for hearing must be received by the authority: A. within 10 working days after receipt by the initial applicant, renewal applicant or prospective licensee of notice of the decision denying the application for license; B. within five working days after receipt of a cea…

A. Denial of an initial annual license: receipt by the licensing authority of a timely request for hearing upon the denial of an initial annual license does not allow the facility to begin operation. If the facility begins operation without a license, it is operating illegally an…

A. Scheduling: promptly upon receipt of a timely request for hearing, the authority shall schedule a hearing to be held in Santa Fe, unless the hearing is required to be held elsewhere by applicable regulation. B. Change of location: upon timely motion, and with a showing of undu…

A. Designation of hearing officer: promptly upon receipt of a timely request for hearing, the secretary or authorized representative of the authority shall designate a hearing officer. B. Qualifications: the hearing officer shall be impartial and shall have no personal bias or in…

A. Official file: upon appointment, the hearing officer shall establish an official file which will contain all the filed notices, pleadings, briefs, recommendations, correspondence and decisions. It shall also contain the authority's notice of action as well as the request for h…

The principal and original parties to a hearing conducted under this rule shall be the appropriate agency of the authority, and the applicant or prospective licensee, the licensee, licensed medicaid provider applicant, or the recipient of a cease and desist order, depending upon …

Except as otherwise specifically provided by statute or rule, the scope of the sections in this part apply to adjudicatory proceedings conducted by the authority.

A. Natural persons: natural persons may appear on their own behalf or by an attorney licensed to practice in New Mexico. B. Entities: the authority, corporations and other organizations and entities may appear by a bona fide officer, employee or representative or may be represent…