New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.7 - GENERAL DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of these regulations the following shall
				  apply:
A.
"Active
				treatment"
means the consistent, aggressive, accountable, and continuous
				application of competent interactions between caregivers and persons with
				developmental disabilities whom they serve in structured and unstructured
				settings alike, directed toward each individual's developmental progress
				through the life cycle.
B.
"Applicant"
means the individual who, or organization which, applies for
				a license. If the applicant is an organization, then the individual signing the
				application on behalf of the organization, must have authority from the
				organization. The applicant must be the owner.
C.
"Client"
means an individual
				living in and receiving services from an ICF/MR licensed pursuant to these
				regulations.
D.
"Community
				supports"
means community services such as recreational activities,
				social clubs, religious services, employment services, and transportation, as
				well as other supportive services that are available to the general population
				and not designated to serve only persons with disabilities.
E.
"Dietitian"
means a person
				eligible or required to be licensed under the New Mexico Nutrition and
				Dietetics Practice Act, Sections 61-7A-1 through 61-7A-15 NMSA 1978, effective
				July 1, 1989.
F.
"Facility"
means a building or buildings in which clients live and
				ICF/MR services are provided and is licensed or required to be licensed
				pursuant to these regulations.
G.
"Governing body"
means the governing authority of a facility which
				has the ultimate responsibility for all planning, direction, control and
				management of the activities and functions of a facility licensed pursuant to
				these regulations.
H.
"ICF/MR"
means an intermediate care facility that provides food,
				shelter, health or rehabilitative and active treatment for the mentally
				retarded or persons with related conditions.
I.
"License"
means the document
				issued by the licensing authority pursuant to these regulations granting the
				legal right to operate for a specified period of time, not to exceed one
				year.
J.
"Licensee"
means the person(s) who, or organization which, has an ownership, leasehold or
				similar interest in the ICF/MR facility and in whose name a license has been
				issued and who is legally responsible for compliance with these
				regulations.
K.
"Licensing
				authority"
means the New Mexico health care authority.
L.
"NMSA"
means the New Mexico
				Statutes Annotated 1978 compilation and all the revisions and compilations
				thereof.
M.
"Nurse"
is
				an individual who is currently licensed/ registered in the state of New
				Mexico.
N.
"Occupational
				therapist"
is an individual who is eligible for certification by the
				American occupational therapy association or another comparable body.
O.
"Physical therapist"
is an
				individual who is eligible for certification as a physical therapist by the
				American physical therapy association or another comparable body.
P.
"Plan of correction"
means
				the plan submitted by the licensee or representative of the licensee addressing
				how and when deficiencies identified at time of a survey will be
				corrected.
Q.
"Policy"
means a statement of principle that guides and determines present and future
				decisions and actions.
R.
"Premises"
means all parts of buildings, grounds, and equipment of
				a facility.
S.
"Procedure"
means the action(s) that must be taken in order to
				implement a policy.
T.
"Psychologist"
is an individual who has at least a master's degree
				in psychology from an accredited school.
U.
"Social worker"
means a
				person required to be licensed under the Social Work Practice Act Sections
				61-31-1 through 61-31-25 NMSA 1978.
V.
"Speech language pathologist or
				audiologist"
is an individual who is eligible for a certificate of
				clinical competence in speech-language pathology or audiology granted by the
				American speech-language hearing association or another comparable body or who
				meets the educational requirements for certification and is in the process of
				accumulating the supervised experience required for certification.
W.
"U/L approved"
means approved
				for safety by the national underwriters laboratory.
X.
"Training and habilitation
				services"
means the training and services which are provided to a client
				intended to aid the intellectual, sensorimotor, and emotional development of
				that client.
Y.
"Variance"
means an act on the part of the licensing authority to
				refrain from pressing or enforcing compliance with a portion or portions of
				these regulations for an unspecified period of time where the granting of a
				variance will not create a danger to the health, safety, or welfare of clients
				or staff of a facility, and is at the sole discretion of the licensing
				authority.
Z.
"Waive/waiver"
means to refrain from pressing or enforcing
				compliance with a portion or portions of these regulations for a limited period
				of time provided the health, safety, or welfare of the clients and staff are
				not in danger. Waivers are issued at the sole discretion of the licensing
				authority.