New Mexico Administrative Code

All facilities licensed pursuant to these regulations must have written policies and procedures covering the following areas: A. actions to be taken in case of accidents or emergencies involving a participant; B. policies and procedures on reporting suspected adult abuse or negle…

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

The regulations set forth herein which govern the licensing of adult day care facilities have been 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 …

Facilities licensed pursuant to these regulations must meet the following space requirements for capacity and service: A. Adult day care centers and adult day care homes are required to have 40 square feet of activity area for each adult for which the facility is licensed to prov…

A. All electrical, signaling, mechanical, water supply, heating, fire protection and sewage systems must be maintained in a safe and functioning condition, including regular inspections of these systems. B. All furniture and furnishing must be kept clean and in good repair. Furni…

A. The facility must be kept free from offensive odors and accumulations of dirt, rubbish, dust and safety hazards. B. Activity areas for participants must be cleaned and tidied daily. C. Floors and walls must be constructed of a finish that can be easily cleaned. Floor polishes …

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 provide a minimu…

A. A facility 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 inspected, tested and approved by the New Mex…

A. All fuel-fired water heaters must be separated from other parts of the facility by partitions having a fire-resistive rating of one hour. Doors to the enclosure must be 1 3/4" solid core. Exception: Adult day care homes. B. All water heaters must be equipped with a pressure re…

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 systems used must be inspected and approved by the New Mexico environment department, and the construct…

A. All areas of the facility, including storerooms, stairways, hallways, and entrances must be lighted sufficiently to make all parts of the area clearly visible. B. All lighting fixtures must be shielded in participant activity areas and food preparation areas. C. Adult day care…

A. Electrical installations and electrical equipment must comply with all current state and local codes. B. All fuse and breaker boxes must be labeled to indicate the area of the facility to which each fuse or circuit breaker provides services. C. The main electrical service line…

A. Electrical cords and appliances must be U/L approved.(1) Electrical cords shall be replaced as soon as they show wear. (2) Under no circumstances shall extension cords be used as a general wiring method. (3) Extension cords must be plugged into an electrical outlet within the …

Permanent.

All activity areas for participants must have a least one (1) window or skylight area of at least 1/20 of the floor area.

A. There must be at least two exits remote from each other from each floor of the facility. B. Exit ways must be kept free from obstructions at all times. C. All exits must be marked by signs having letters at least six inches high whose principal strokes are at least three-fourt…

A. Required exit doors must be openable from the inside at all times the facility is in operation. B. All required exit doors must have a minimum width of 36 inches. Exception: Adult day care homes. C. Required exit doors in facilities having a capacity of 50 or more must open ou…

A. Outdoor area must be located on the premises of the facility. B. If required by the agency, the outdoor area must be fenced and have at least one latched gate available for emergency exit. C. Outdoor areas must be kept free of sharp objects, trash, weeds, or other hazardous it…

A. Bathrooms must be completely enclosed. A window or mechanical system for ventilation must be provided. B. Toilets and lavatories (hand washing sinks) must be provided for each sex in the following ratios in adult day care centers: (1) One toilet for one to 15 participants. (2)…

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

A. Written documentation from the state fire marshal's office or fire authority having jurisdiction evidencing a facility's compliance with applicable fire prevention codes must be submitted to the licensing authority prior to issuance of an initial license. Exception: Adult day …

A. The facility must be equipped with an approved, manually operated alarm system or other continuously sounding alarm approved in writing by the fire authority having jurisdiction. Exception: Adult day care homes are not required to have manually operated alarm systems. B. The f…

A. All staff of a facility must know the location of and be 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 local fire prevention authority to give periodic instruction in fir…

A. An easily accessible telephone for summoning help in case of emergency must be available in each facility. A pay telephone will not fulfill this requirement. B. A list of emergency numbers including, but not limited to, fire department, police department, ambulance services, a…

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

A. Smoking in the kitchen or food preparation areas is strictly prohibited. B. Separate smoking areas must be designated and provided with suitable ashtrays. C. Smoking must never be permitted in any area where oxygen is in use.

A. Carpeting, if used in new facilities, must be of at least class II rating. Existing facilities, as they replace carpeting, must replace with carpet having at least a class II rating. B. Carpets must be of a stable and regular surface to prevent tripping or slipping hazards and…

A. Accessibility to the handicapped must be provided in all facilities and shall include the following: Exception: Adult day care homes are not required to have access for the handicapped. (1) Main entry into the facility must be ground level or ramped to allow wheelchair access.…

A. An adult day care program must be self-contained with its own staff and separate area. B. Depending on the nature of other activities in the building, it may or may not be appropriate for day care participants to share in them on a planned basis. Such involvement must be as pa…

A. All persons involved with the care of participants shall be of good character and physically, mentally and emotionally equipped to provide good care and maintain responsible supervision for the participants. B. All involved with the care of participants must be screened by the…

A. The adult day care center shall have a full-time program director. B. The program director shall have the authority and responsibility for the management of activities and direction of staff to insure that activities and services are provided appropriately and in accordance wi…

Licensees of adult day care homes must have the following minimum qualifications: A. 18 years of age or older; B. be competent and have a demonstrated ability to manage all aspects of a day care program; C. have a minimum of a high school education or the equivalent; D. have at l…

A. When volunteers are used in an adult day care program, adequate planning prior to the placement of the volunteers will take place in order to provide the volunteer with a written description of their duties and responsibilities. This written description shall outline in detail…

A. All facilities shall provide training for each staff member. B. Documentation for training shall be kept on file at each facility and available for inspection by representatives of the licensing authority. C. Documentation may take the form of certificates or a training log wi…

A. General: (1) Staff/ participant ratios must be maintained at all times. (2) The responsibility of staff members included in the staff/participant ratio shall be direct care of the participants. (3) Each facility must keep a list on file of two readily available persons who can…

The purpose of these regulations is to: A. establish minimum standards for licensing facilities providing day care to adults, in order to ensure that participants receive safe and adequate services and that the health, safety and welfare of participants and employees are protecte…

A. The health, safety, and welfare of the participants must be the primary concern in all activities and services provided by facilities licensed pursuant to these regulations. B. Participants must never be left unattended. Staff members must be physically present with the partic…

In addition to all other requirements contained in these regulations, facilities providing care and services to adults with special needs including respite care, must comply with the following: A. Facilities which are able to appropriately mainstream special needs adults may do s…

A. Adult day care activities shall be designed to meet the specific needs and interests of the participants, as determined by individual plans of care, and shall be consistent with the program's goals. B. Activities shall be planned by staff, participants, family/ caregivers, vol…

A. A monthly calendar of activities shall be prepared and distributed to participants and family/ caregivers. B. Daily activities (and services) shall be posted in a visible location within the center. C. The participant and family caregivers shall be encouraged to evaluate activ…

A. Each facility shall have a living or multi-purpose room for the use of participants. Such rooms shall be provided with reading lamps, tables, chairs, and couches. These furnishings shall be well constructed, comfortable, and in good repair. B. The living room or multi-purpose …

Linens and bedding shall be kept clean at all times. A. There shall be separate handling and storage of clean and soiled linens. B. Clean linen shall be stored in clean storage area. C. Linens shall be laundered and disinfected prior to reuse by another participant. D. Any linen …

At all times there shall be one staff member on duty who holds current first aid certificate and has completed an approved cardiopulmonary resuscitation course. A. A first-aid, accessible to all personnel, shall be kept in the facility. B. The first aid kit shall contain as a min…

The facility shall inform participants and guardians of the presence of pets in the facility. A. There shall be no pets in the kitchen or food serving areas. B. Pets shall be inoculated as prescribed by a veterinarian. C. Proof of inoculation shall be kept on file in the facility…

Each facility that serves meals shall meet all state and local regulations governing food services establishments. Exception: Adult day care homes. A. There shall be no smoking in food service and food preparation areas. B. Refrigerators, work tables, cupboards, and stoves shall …

A. There shall be no through traffic in the kitchen during food preparation or service. Exception: Adult day care homes. B. Facilities may allow participants to prepare food as a program activity under careful supervision.

For purposes of these regulations the following shall apply. A. "Abuse" means any single or repeated act of force, violence, harassment, deprivation, neglect or mental pressure which reasonably could cause physical pain or injury, or mental anguish or fear. B. "Adult" means an in…

A. Outer clothing of persons preparing or serving food shall be maintained with the highest degree of cleanliness. B. When staff members are involved in food preparation or service, these persons shall thoroughly scrub their hands and wear clean fresh outer clothing before prepar…

A. All perishable food shall, except when being prepared, be kept at 45 degrees farenheit or below, or 140 degrees farenheit or above. B. Foods requiring refrigeration shall be kept at 45 degrees farenheit or below. Frozen foods shall be kept at zero degrees farenheit or below. C…

A. The same menu must not be served twice in one week. B. A copy of the current week's menu, including snacks, shall be posted in the kitchen and the entrance of the facility where it can be readily seen. C. Posted menus shall be followed. Substitutions shall be of equivalent nut…