reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 10 - AWARD OF FUNDS FROM SAVE OUR CHILDREN'S SIGHT FUND › Section 7.30.10.9 - APPLICATION FOR FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Application for funds shall be made by parent (guardian) of an eligible student
				to the administering agent via mail, email, fax or hard copy using the
				application and referral forms approved by the administering agent.
B. Applicants shall provide the administering
				agent with proof of lack of insurance coverage for a comprehensive eye
				examination when applying for funds. A copy of insurance benefits which
				demonstrate the insurance does not include a comprehensive eye examination or a
				sworn affidavit attesting to lack of coverage shall be acceptable.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 10 - AWARD OF FUNDS FROM SAVE OUR CHILDREN'S SIGHT FUND › Section 7.30.10.10 - REVIEW OF APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				administering agent or its designee shall review applications for referral
				criteria and verification of insurance status to establish client eligibility
				for award of funds.
B. The
				administering agent shall approve award of funds on the basis of client
				eligibility and availability of funds according to the agent's established
				program guidelines for distribution of the funds.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 10 - AWARD OF FUNDS FROM SAVE OUR CHILDREN'S SIGHT FUND › Section 7.30.10.11 - DISTRIBUTION OF FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Distribution of funds shall follow the reimbursement schedule for costs
				designated in participating provider agreements established with the
				administering agent.
B.
				Reimbursement costs for polycarbonate lenses and contact lenses as described in
				7.30.10.8 NMAC shall follow criteria as defined by medicaid services rules
				(Subsection G of 8.310.6.12 NMAC and Subsection C of 8.310.6.14
				NMAC).
C. If funds become
				exhausted, the administering agent shall maintain a waiting list of eligible
				applicants.
D. Services purchased
				with awarded funds shall be purchased within the state of New Mexico unless the
				need to purchase services elsewhere is documented and approved by the
				administering agent.
E. Funds shall
				be distributed by the administering agent in voucher form for direct payment to
				the participating provider for services delivered to approved applicants in
				accordance with participating provider agreements.
F. The award of funds shall be limited to
				one-time use per student per school year.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 11 - VISION SCREENING TEST STANDARDS FOR STUDENTS › Section 7.30.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to vision screeners and students enrolled
				  in public schools in New Mexico in pre-kindergarten, kindergarten, first grade
				  and third grade and transfer and new students in those grades unless a parent
				  (guardian) affirmatively prohibits the vision screening.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 11 - VISION SCREENING TEST STANDARDS FOR STUDENTS › Section 7.30.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to Sections
				  9-7-6,
				  24-1-32
				  and
				  22-13-30 NMSA
				  1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 11 - VISION SCREENING TEST STANDARDS FOR STUDENTS › Section 7.30.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 29, 2010 unless a later date is cited in the history
				  at the end of a section.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 11 - VISION SCREENING TEST STANDARDS FOR STUDENTS › Section 7.30.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"The
				department"
means New Mexico department of health.
B.
"Student"
means an
				individual enrolled in a New Mexico public school in one of the following
				grades: pre-kindergarten, kindergarten, first or third.
C.
"Photoscreening"
means a
				method of vision screening with a machine with automated technique that uses
				red reflex of the eye to screen for eye problems and produces immediate
				readable results and timely report of the results thereafter.
D.
"Vision pre-screening
				observation"
means any observation listed in New Mexico vision screening
				standards that requires follow-up as a potential result of vision limitation.
E.
"Vision screening
				standards"
means the department's approved manner of vision screening
				for students in New Mexico, established pursuant to report from an advisory
				committee appointed by the secretary of the department.
F.
"Vision screening test"
means any vision test administered in accordance with vision screening
				standards in New Mexico schools.
G.
"Vision screener"
means a school nurse or the nurse's designee, a
				primary care health provider or a lay screener trained to administer a vision
				screening test to students in New Mexico schools in accordance with vision
				screening standards.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 11 - VISION SCREENING TEST STANDARDS FOR STUDENTS › Section 7.30.11.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Target
				population for required screening:
All public school students enrolled
				in pre-kindergarten, kindergarten, first grade and third grade including new
				students and transfer students in those grades shall have a vision screening
				test administered unless the parent (guardian) affirmatively prohibits the
				screening.
B.
Parental
				notification:
The parent (guardian) shall be provided notification of
				school vision screening to include the date and location of screening. The
				parent (guardian) shall have an opportunity to prohibit the screening for the
				student.
C.
Vision
				screener:
A school nurse or the nurse's designee, a primary care health
				provider or a trained lay eye screener shall administer the screening
				tests.
D.
Vision screening
				standards:
(1) Vision screening
				standards for pre-screening observations and screening tests in the school
				setting are established by the department and shall be reviewed periodically as
				determined by the secretary of the department.
(2) Vision pre-screening observation
				standards shall include but are not limited to eye appearance and visual
				behaviors.
(a) Eye appearance observations
				shall include at a minimum the following:
(i)
				cloudy or milky appearance,
(ii)
				keyhole pupil,
(iii) sustained eye
				turn inward or outward,
(iv) droopy
				eyelids,
(v) absence of eyes moving
				together,
(vi) abnormal pupil
				constriction or dilation,
(vii)
				difference in size and shape of eyes, and
(viii) excessive tearing,
(ix) jerky eye movements
				(nystagmus).
(b) Visual
				behavior observations shall include at a minimum the following:
(i) inconsistent visual behavior,
(ii) visually inattentive or
				uninterested,
(iii) difficulty
				sustaining eye contact,
(iv)
				holding objects close to face,
(v)
				bending close to view objects,
(vi)
				tilting head,
(vii) staring at
				lights and ceiling fans,
(viii)
				high sensitivity to room light or sunlight,
(ix) appearing to look beside, under or above
				an object or person,
(x) bumping
				into things, and
(xi) tripping over
				objects.
(3)
				Vision screening test standards in the school setting for the target population
				shall include but is not limited to distance visual acuity, ocular alignment,
				and color vision. Ocular alignment and color vision testing are required only
				once in any one of the targeted grades.
(4) Referral criteria for the required
				screening tests shall be in alignment with failure to meet the following test
				passing criteria:
(a) distance visual acuity
				passing criteria shall be identification of test line 20/40 for 3-5 years of
				age and 20/30 for 6 years of age and older;
(b) ocular alignment passing criteria shall
				be identification of the testing tool object; and
(c) color vision passing criteria shall be
				meeting passing criteria for any standard color vision test.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 12 - EMERGENCY MEDICATIONS IN SCHOOLS › Section 7.30.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to public, private, or charter schools in
				  New Mexico unless otherwise expressly limited.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 12 - EMERGENCY MEDICATIONS IN SCHOOLS › Section 7.30.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the following
				  statutory authorities:
(1) the
				Department of Health Act, Section 9-7-6(E) NMSA 1978, which authorizes the
				secretary of the department of health to "...make and adopt such reasonable and
				procedural rules and regulations as may be necessary to carry out the duties of
				the department and its divisions;"
(2)the Public Health Act, Section 24-1-3(G)
				and (O) NMSA 1978 and Section
				24-31-1
				NMSA 1978, which authorize the department to prescribe the duties of school
				nurses to maintain and enforce rules to carry out the provisions of the Public
				Health Act; and to promulgate rules pursuant to the Emergency Medication in
				Schools Act; and
(3)the Emergency
				Medication in Schools Act, Sections
				22-33-1
				through
				22-33-4
				NMSA 1978, which authorizes the department to adopt regulations to carry out
				the provisions of the Emergency Medication in Schools Act.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 12 - EMERGENCY MEDICATIONS IN SCHOOLS › Section 7.30.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 27, 2015, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 12 - EMERGENCY MEDICATIONS IN SCHOOLS › Section 7.30.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to allow access to emergency
				  medications in the school setting for the treatment of respiratory distress
				  with albuterol and the treatment of anaphylactic reactions with epinephrine.
				  Stock emergency medications are intended for students who have not previously
				  been diagnosed with conditions leading to respiratory distress or anaphylaxis
				  or who have a history of these conditions and do not have medications on their
				  person or stored at school.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 12 - EMERGENCY MEDICATIONS IN SCHOOLS › Section 7.30.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Adverse
				event form"
is a department form used by school nurses to report events
				with potential impact on the health of the students or the school, including
				administration of stock albuterol or epinephrine.
B.
"Albuterol"
includes
				albuterol or another inhaled bronchodilator, as recommended by the department
				of health, for the treatment of respiratory distress.
C.
"Albuterol aerosol canister"
means a portable drug delivery device packaged with multiple premeasured doses
				of albuterol.
D.
"Anaphylaxis" or "anaphylactic reaction"
means a sudden, severe, and
				potentially life-threatening whole-body allergic reaction.
E.
"BOP"
refers to the board of
				pharmacy.
F.
"Class D
				Medication Room"
is specific for schools and is used only for emergency
				medications. The Class D Medication Room criteria is established by the board
				of pharmacy. The criteria includes requirements for procurement of medications,
				storage, tracking, and disposal of expired medications.
G.
"Department"
means
				department of health.
H.
"Emergency medication"
means albuterol or epinephrine.
I.
"Epinephrine"
includes
				epinephrine or another medication, as recommended by the department of health,
				used to treat anaphylaxis until the immediate arrival of emergency medical
				system responders.
J.
"Epinephrine auto-injector"
means a portable, disposable drug delivery
				device that contains a premeasured single dose of epinephrine.
K.
"Governing body"
means a
				governing body of a private school.
L.
"Health care practitioner"
means a person authorized by the state to prescribe emergency
				medication.
M.
"PED"
means the public education department.
N.
"Respiratory distress"
includes impaired oxygenation of the blood or impaired ventilation of the
				respiratory system.
O.
"School"
means a public school, charter school, or private
				school.
P.
"Spacer"
means a holding chamber that is used to optimize the delivery of albuterol to a
				person's lungs.
Q.
"Stock
				supply"
means an appropriate quantity of emergency medication, as
				recommended by the department of health.
R.
"Trained personnel"
means a
				school employee, agent, or volunteer designated by the school nurse to
				administer epinephrine on a voluntary basis outside of the scope of employment
				and who has completed department approved epinephrine administration training
				that has been documented by the school nurse, school principal, or school
				leader.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 12 - EMERGENCY MEDICATIONS IN SCHOOLS › Section 7.30.12.8 - EMERGENCY MEDICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Standing Orders.
(1) A physician
				employed or authorized by the department, may prescribe a standing order in the
				name of the school or school district for a stock supply of albuterol aerosol
				canisters and spacers, or a stock supply of standard-dose and pediatric-dose
				epinephrine auto-injectors for use in accordance with this rule.
(2) Each local school board or governing body
				may request a standing order for and may provide to schools within its
				jurisdiction stock supplies of albuterol and epinephrine. In order to request a
				standing order, the school board must review and acknowledge in writing the
				rules and recommendations developed by the department for emergency medication
				use. All requests for standing orders must be in writing to a department
				approved physician. When the standing order is issued by the department
				approved physician, it will be sent to the requesting school district or
				governing body within one week of the request. A copy of the order will be kept
				by the department school health advocate for his or her assigned
				region.
(3) A pharmacist may
				dispense a stock supply of albuterol aerosol canisters and spacers or a stock
				supply of standard-dose and pediatric-dose epinephrine auto-injectors pursuant
				to a standing order prescribed in accordance with this section. Medications may
				be directly obtained from the pharmacy by a school nurse or delivered to the
				school in accordance with the school's established procedure.
(4) All standing orders are renewed
				annually.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 12 - EMERGENCY MEDICATIONS IN SCHOOLS › Section 7.30.12.9 - TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
School districts that decide to maintain and administer
				  emergency medications will follow the department rules and recommendations,
				  according to the following guidelines:
A. Use of albuterol:
(1) PED licensed school nurses will complete
				training on administering albuterol reviewed and approved by the
				department;
(2) current school
				nurses will complete the training at a minimum of one time and as determined by
				the department; new school nurses will complete the training as part of their
				orientation process, and then as determined by the department; and
(3) refresher trainings on albuterol may be
				recommended by the department, at a minimum of every five years.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 12 - EMERGENCY MEDICATIONS IN SCHOOLS › Section 7.30.12.10 - ADMINISTRATION OF EMERGENCY MEDICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Use of albuterol:
(1) only a PED licensed school nurse, who has
				completed the requisite training, will administer inhaled albuterol on an
				emergency basis;
(2) if no school
				nurse is available, immediately call 911;
(3) inhaled stock albuterol will be given for
				treatment of respiratory distress only when the student is experiencing
				respiratory distress, per criteria that will be covered in training, and does
				not have medication available; albuterol may be administered to students who
				have not previously been diagnosed with conditions leading to respiratory
				distress and students who have a history of respiratory disease but do not have
				medication at school;
(4) when
				stock albuterol is used, 911 will be called immediately to activate the
				emergency response system;
(5)
				after administration of albuterol, the student's condition will be continuously
				monitored, and any additional treatment indicated will be given until an
				emergency medical system responder arrives;
(6) as soon as practicable, the parent,
				guardian, or legal custodian of the student having respiratory distress will be
				notified by phone or in accordance with contact information on file at the
				school;
(7) a log will be kept of
				when albuterol is used and the outcome of the student; these logs will be kept
				in the school health office at least five years; logs will be available for
				review upon request, per applicable federal and state privacy laws; logs will
				be maintained by the school nurse; logs may be either electronic or hard copy;
				and
(8) an adverse events form will
				be completed when albuterol is administered on an emergency basis; the form
				will be submitted within three working days to the regional school health
				advocate or the regional health officer; adverse events forms will be
				maintained by the department for a minimum of five years.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 12 - EMERGENCY MEDICATIONS IN SCHOOLS › Section 7.30.12.11 - PREVENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A vital part of
				the emergency medication in schools programs is preventing respiratory distress
				and severe allergic reactions.
B.
				Recommendations will be developed by the department for school districts to use
				in the development of policies and procedures addressing both the use of the
				medications and prevention of respiratory distress and severe allergic
				reactions. The recommendations document will be issued upon request to
				interested school districts and governing bodies. The document will be
				available online through the office of school and adolescent health's website
				at http://nmhealth.org/about/phd/hsb/osah/.
C. The following resources are available for
				school districts to use in developing prevention strategies, and can be
				obtained from the office of school and adolescent health's website at
				http://nmhealth.org/about/phd/hsb/osah/ or by contacting the office at 300 San
				Mateo Blvd. NE, Suite 902, Albuquerque, NM 87108:
(1) the environmental protection agency's
				"indoor air quality: tools for schools;"
(2) the centers for disease control and
				prevention's "voluntary guidelines for managing food allergies in schools and
				early care and education programs;" or
(3) the centers for disease control and
				prevention's toolkit "initiating change: creating an asthma-friendly
				school."
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 14 - MANDATORY CONCUSSION RECOGNITION, RESPONSE AND PREVENTIONEDUCATION › Section 7.30.14.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Department of Health, Epidemiology and Response Division,
				  1190 St. Francis Drive, P.O. Box 26110, Santa Fe, New Mexico
				  87502-6110.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 14 - MANDATORY CONCUSSION RECOGNITION, RESPONSE AND PREVENTIONEDUCATION › Section 7.30.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation applies to all non-scholastic teams, clubs,
				  or other entities providing youth athletic activities as defined in this rule,
				  coaches participating in youth athletic activities, youth athletes, and youth
				  athletes' parents or guardians.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 14 - MANDATORY CONCUSSION RECOGNITION, RESPONSE AND PREVENTIONEDUCATION › Section 7.30.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is adopted pursuant to Section
				  22-13-31.1
				  NMSA 1978, and the general authority granted under Subsection E of Section
				  9-7-6
				  NMSA 1978, Department of Health Act, as amended.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 14 - MANDATORY CONCUSSION RECOGNITION, RESPONSE AND PREVENTIONEDUCATION › Section 7.30.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 15, 2019, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 14 - MANDATORY CONCUSSION RECOGNITION, RESPONSE AND PREVENTIONEDUCATION › Section 7.30.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establishuniform brain
				  injury protocols to be used by coaches for brain injuries received by youth
				  athletes in non-scholastic athletic activities, training of coaches and youth
				  athletes, and information to be provided to coaches, youth athletes, and youth
				  athletes' parents or guardians; to require acknowledgement of training and
				  information by participants in youth athletic activities; and to achieve brain
				  injury protocol compliance and certification.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 14 - MANDATORY CONCUSSION RECOGNITION, RESPONSE AND PREVENTIONEDUCATION › Section 7.30.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Brain
				injury"
means a body-altering physical trauma to the brain, skull, or
				neck, caused by blunt or penetrating force, a concussion, a diffuse axonal
				injury, hypoxia-anoxia, an electrical charge, or other trauma;
B.
"Brain injury educational
				materials"
means educational materials related to brain injuries,
				including at least materials that are produced or approved by the centers for
				disease control and prevention (CDC) for athletes under the age of 19 years of
				age and those athletes' parents that includes information regarding brain
				injuries and their potential consequences; the signs and symptoms of a
				concussion; best practices for removal of an athlete from an athletic activity
				after a suspected brain injury; and steps for returning an athlete to athletic
				activity after a brain injury.
C.
"Licensed health care professional"
means:
(1) a practicing physician or physician's
				assistant licensed pursuant to the Medical Practice Act;
(2) a practicing osteopathic physician
				licensed pursuant to the Osteopathic Medicine Act;
(3) a practicing certified nurse practitioner
				licensed pursuant to the Nursing Practice Act;
(4) a practicing osteopathic physician's
				assistant licensed pursuant to the Osteopathic Medicine Act;
(5) a practicing psychologist licensed
				pursuant to the provisions of the Professional Psychologist Act;
(6) a practicing athletic trainer licensed
				pursuant to the provisions of the Athletic Trainer Practice Act; or
(7) a practicing physical therapist licensed
				pursuant to the Physical Therapy Act.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES › Part 14 - MANDATORY CONCUSSION RECOGNITION, RESPONSE AND PREVENTIONEDUCATION › Section 7.30.14.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All teams, clubs
				or other entities providing youth athletic activity must provide brain injury
				educational materials to each coach and administrator of the youth sports
				organization on an annual basis.
(1) All youth
				athletic activity teams, clubs, and other similar entities must require their
				coaches to review the brain injury education materials at least once per year,
				pass a post-test, and print the certificate of completion to be included in
				their records before the coach supervises a youth athlete in a youth athletic
				activity of the entity.
(2) Both
				youth athletes and their parents or guardians shall sign a concussion training
				completion form confirming they have taken a center for disease control and
				prevention (CDC) approved concussion training, unless the athlete is under 11
				years of age, in which case only the parent or guardian shall sign the
				concussion training completion form.
(3) Any deviation from the use of a centers
				for disease control and prevention (CDC)-produced or approved materials must be
				approved by the New Mexico department of health.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Health, Public Health Division,
				  Family Health Bureau.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations will establish requirements and conditions
				  under which grocery stores and pharmacies may become and remain authorized to
				  participate in the Special Supplemental Nutrition Program for Women, Infants
				  and Children (WIC) as retail vendors to supply authorized foods to WIC
				  participants.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations set forth herein are promulgated by the
				  Secretary of the New Mexico Department of Health, by authority of N.M. Stat.
				  Ann. 1978, Section
				  9-7-6
				  E, and pursuant to the Special Supplemental Nutrition Program for Women,
				  Infants and Children established under Section 17 of the Child Nutrition Act of
				  1966, as amended,
				  42
				  USC Section 1786, and laws and regulations
				  set forth in 7 CFR Section 246,
				  7 CFR
				  Section 278.1, 7 CFR Section 15, and N.M.
				  Stat. Ann. 1978, Section
				  30-16-7
				  (Cum.Supp. 1987); and other applicable provisions of state and federal law.
				  These regulations shall be administered and enforced by the New Mexico
				  Department of Health, Public Health Division.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 31, 1996, unless a later date is cited at the end of
				  a Section.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.6 - OBJECTIVES

Current through Register Vol. 35, No. 13, July 16, 2024
It is the purpose of these regulations to establish
				  requirements and conditions under which grocery stores and pharmacies may
				  become and remain authorized to participate in the Special Supplemental
				  Nutrition Program for Women, Infants and Children (hereinafter, the "WIC"
				  program or "WIC"), as vendors to supply authorized WIC Foods and/or infant
				  formulas to WIC participants.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.8 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part or application of these regulations is held
				  invalid, the remainder, or its application to other situations or vendors shall
				  not be affected.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.9 - STANDARD OF COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
The degree of compliance required by these regulations is
				  designated by the use of the words "shall" and "may". "Shall" designates
				  mandatory requirements. "May" designates permissive
				  requirements.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.10 - VENDOR AUTHORIZATION REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Only full service retail grocery stores and pharmacies that
				  are authorized as vendors by the State WIC Office may accept WIC food
				  instruments and redeem them through the State WIC Office for foods provided to
				  participants. Food instruments accepted by unauthorized grocery stores,
				  pharmacies, or others will not be redeemed.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.11 - VENDOR SELECTION

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the State Plan and federal regulations,
				  the State WIC Office shall authorize only a sufficient number and distribution
				  of full service retail grocery and pharmacy vendors in fixed and permanent
				  locations to assure reasonable participant convenience and access, and to
				  permit effective management of the program. Details of the specific selection
				  criteria will be furnished upon written request to the State WIC
				  Office.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.12 - NONDISCRIMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
The State WIC Office shall not discriminate against an
				  applicant or vendor on the basis of race, color, national origin, age, sex,
				  handicap or disability, or other impermissible basis as set forth in applicable
				  state or federal law.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.13 - CONDITIONS OF ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
To be authorized as a vendor, a full service retail grocery
				  store or pharmacy shall, at a minimum, meet the following criteria at the time
				  of application:
A.
FAVORABLE
				HISTORY OF COMPLIANCE:
If the vendor has had prior involvement with WIC
				or any other Food and Consumer Service Programs of the USDA, it must have
				demonstrated an acceptable history of compliance with these programs. A history
				of suspension, termination or noncompliance with these programs, or a history
				of doing business with these programs without authorization, may constitute
				grounds for denial of the application for a period of up to three years from
				the date of notice of denial;
B.
				The applicant must be authorized to participate in the USDA Food Stamp
				Program;
C. The applicant location
				must be open, operating and accepting cash sales;
D. The applicant must be a full service
				grocery or pharmacy and must meet minimum requirements for stocking a variety
				of WIC authorized foods and/or infant formulas;
E. The applicant must be in compliance with
				all applicable health, safety and sanitation codes;
F. All WIC authorized foods and/or infant
				formulas stocked by the applicant must be fresh, with no out-of-date foods or
				infant formulas available for sale to the public;
G. The applicant must charge a price for a
				standardized combination of foods and/or infant formulas which is less than or
				competitive with the average price charged for those foods or infant formulas
				by authorized vendors doing a similar dollar volume of business; and
H. The applicant must demonstrate a knowledge
				and understanding of WIC program requirements, and be found satisfactory to the
				State WIC Office following a pre-authorization site visit or other
				review.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.14 - SPECIAL ELIGIBILITY REQUIREMENTS FOR PHARMACIES

Current through Register Vol. 35, No. 13, July 16, 2024
Pharmacies must comply with the terms of the Vendor Agreement
				  and with all other applicable state and federal regulations in the same manner
				  as other vendors. At the request of a pharmacy, and in the discretion of the
				  State WIC Office, the minimum stocking criteria as outlined in Section
				  7.31.2.13.D above, may be waived or modified. However, pharmacies must at all
				  times be able to provide adequate quantities of special infant formula to meet
				  participant needs.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.15 - APPLICATION FOR AUTHORIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any owner of a full service grocery store or pharmacy in a
				  fixed and permanent location in New Mexico that is open fully operational may
				  request a vendor application from the State WIC office through December 31 and
				  return the completed application packet to the State WIC office no later than
				  January 31
.
Reapplying vendors may apply for
				  reauthorization as a vendor by submitting an application to the State WIC
				  Office during the month of July on forms provided by the office. Information
				  provided in applications shall be accurate and complete. Applicants shall
				  promptly provide additional information relating to the conditions of
				  eligibility upon request by the State WIC Office. The State WIC Office may deny
				  an application if false or incomplete information is submitted. Applications
				  rejected as incomplete may be resubmitted within 15 days of the vendor's
				  receipt of denial of its application
.
Failure to resubmit within
				  this period may result in denial of authorization.
A.
MINIMUM REQUIREMENTS:
An
				application shall include at a minimum the following information:
(1) Sole Proprietors: the name and address of
				each owner and of each applicant location.
(2) Partnerships: the names and addresses of
				all general partners; the addresses of the principal and each subsidiary place
				of business; and of the New Mexico agent for service of process if a foreign
				partnership.
(3) Corporations: the
				name of the corporation; the addresses of its principal and each subsidiary
				place of business; and of the New Mexico agent for service of process if a
				foreign corporation.
(4) The square
				footage of each applicant location.
(5) The annual gross receipts for applicant
				sales separated into food and non-food categories.
(6) The applicant's Federal Food Stamp
				Authorization Number.
(7) A
				description of the applicant's participation in Food and Consumer Service
				Programs of the USDA.
(8) A
				detailed description of each instance in which the applicant or its owners or
				managers have been suspended or disqualified from the WIC, Food Stamp, or other
				USDA Food and Consumer Service Programs.
(9) The applicant's state tax identification
				number.
(10) The applicant's
				federal tax identification number.
(11) An identification by types and non-sale
				prices of all authorized WIC foods and/or infant formulas on shelves or in the
				coolers in customer areas of each applicant location on the date of the
				application.
(12) All other
				information as requested on the application form, or by the State WIC Office
				upon request.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.16 - CHANGE OF OWNERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
A.
EXISTING OWNERS:
Authorization of a vendor location shall terminate
				automatically upon a change of ownership. Vendor location authorization is
				non-assignable and non-transferrable. Vendors shall immediately report a change
				of ownership or of location to the State WIC Office. All food instruments
				accepted prior to the change shall be deposited in the vendor's bank
				immediately, and WIC business shall cease until an application has been
				submitted by the new owner and approved by the State WIC Office. The vendor
				shall return the vendor stamp to the State WIC Office immediately.
B.
NEW OWNERS:
A new owner
				shall have 30 days from the date of transfer of ownership in which to apply for
				authorization to continue an authorization held by a previous owner. New owners
				who fail to apply within 30 days may apply during the next new vendor
				application period.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.17 - TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
The State WIC Office shall provide training designed to
				  assist the vendor in preventing program errors or abuse, and to improve program
				  services. The owner of each vendor location, or his designated agent shall
				  participate in all training sessions designated as mandatory by the State WIC
				  Office. Failure of an owner or his agent to appear without good cause for a
				  mandatory training session shall be grounds for minor sanctions as deemed
				  appropriate to the circumstances by the State WIC Office. It shall be the
				  responsibility of the owner or his agent to ensure that all employees who
				  process food instruments are trained in WIC procedures, and a claim of lack of
				  training or knowledge of procedures shall not be a defense to adverse action by
				  the State WIC office against a vendor.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.18 - VENDOR RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL REQUIREMENTS:
Vendors
				shall comply with all applicable federal, state and local laws, ordinances and
				regulations. Specifically, but without limitation, vendors shall comply with
				all WIC program requirements set forth herein, and as codified in the Code of
				Federal Regulations, which are incorporated herein by reference. In addition to
				sanctions set forth below, failure to comply with applicable WIC regulations
				may result in loss of federal food stamp program authorization.
B.
FOOD INSTRUMENT REDEMPTION:
Vendors shall:
(1) Provide to participants, in
				exchange for food instruments, only the foods and/or infant formulas specified
				on the authorized food and/or infant formula list, and in quantities less than
				or equal to those specified on the food instrument;
(2) Accept food instruments only for foods
				and/or infant formulas included in the agreement; and
(3) Comply with food instrument processing
				and redemption procedures as set forth by the State WIC Office.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.19 - MONITORING VISITS

Current through Register Vol. 35, No. 13, July 16, 2024
The State WIC Office may conduct one or more on-site
				  monitoring visits during an agreement period in order to verify vendor
				  compliance with program requirements. Such visits may be unannounced, and may
				  occur at any time during vendor business hours. Independently or in conjunction
				  with such on-site visits, the State WIC Office may also audit a vendor's
				  records to verify compliance with program requirements. Upon request, a vendor
				  shall produce copies of any and all documents necessary to this audit within 30
				  days. The State WIC Office may implement any other monitoring procedure to
				  verify vendor compliance with program requirements as is deemed appropriate
				  under the circumstances. The vendor shall comply and cooperate with all such
				  monitoring procedures.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.21 - DURATION OF SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
DISQUALIFICATION:
A vendor may be disqualified from the program for
				state agency violations_for a period of time not to exceed one year per
				investigation
,
or for such shorter periods of time as are deemed
				reasonable and appropriate by the State WIC Office to the nature and severity
				of the offense. The exception to this are the time periods for the federally
				mandated sanctions which shall control for federal violations:
(1) A vendor shall be permanently
				disqualified for violation of sub-paragraph (s) of paragraph (1) of sub-section
				B of 7.31.2.20 NMAC.
(2) A vendor
				shall be disqualified for 6 years for violation of sub-paragraph (t) of
				paragraph (1) of sub-section B of 7.31.2.20 NMAC.
(3) A vendor shall be disqualified for 3
				years for any of the violations listed in sub-paragraphs (u) through (z) of
				paragraph (1) of sub-section B of 7.31.2.20 NMAC.
(4) A vendor shall be disqualified for one
				year for violation of sub-paragraph (aa) of paragraph (1) of sub-section B of
				7.31.2.20 NMAC.
(5) For any of the
				violations listed in sub-paragraphs (t) through (aa) of paragraph (1) of
				sub-section B of 7.31.2.20 NMAC, a vendor shall receive double the sanction for
				a second occurrence of any violation listed, except that a Civil Monetary
				Penalty (CMP) may only be doubled up to the amounts allowed in sub-section B of
				7.31.2.22 NMAC.
(6) For any of the
				violations listed in sub-paragraph (t) through (aa) of paragraph (1) of
				sub-section B of 7.31.2.20 NMAC, a vendor shall receive double the sanction for
				a third or subsequent occurrence of any violation, except that a Civil Monetary
				Penalty (CMP) shall not be imposed in lieu of disqualification.
(7) For multiple violations investigated as
				part of a single investigation, the State WIC Office shall disqualify the
				vendor for the period corresponding to the most serious federal violation. All
				violations shall be included in the notice of federally mandated administrative
				action. If a sanction is not upheld on appeal, then the State WIC Office may
				impose a state agency established sanction.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 31 - HEALTH NUTRITION PROGRAMS › Part 2 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN INFANTS AND CHILDREN VENDOR REQUIREMENTS › Section 7.31.2.22 - DISPUTE RESOLUTION/WAIVER OF SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
ALTERNATIVE DISPUTE
				RESOLUTION:
If it finds that a vendor has committed an offense
				warranting sanctions, the State WIC Office may elect to issue a warning letter
				to the vendor, specifying a time frame and requirements for cure of the
				deficiency(ies). Timely compliance shall operate to purge the vendor of the
				offense. Exercise of this option by the State WIC Office shall not constitute a
				waiver of the Office's right to sanction the vendor for the same or similar
				offenses in the future, nor of the right to sanction other vendors for any
				offense(s) at any time.
B.
CIVIL MONETARY PENALTY IN LIEU OF DISQUALIFICATION:
The State WIC Office
				may elect to offer a vendor the option of payment of monetary penalties not to
				exceed $10,000 per violation up to a maximum of $40,000 for violations
				investigated as part of a single investigation, or such lesser amounts as may
				be deemed reasonable and appropriate considering the nature and severity of the
				offense(s), in lieu of outright disqualification from the program.
(1) For any of the violations listed in
				sub-paragraphs (q) and (s) through (aa) of paragraph (1) of sub-section B of
				7.31.2.20 NMAC, the State shall impose a Civil Monetary Penalty (CMP) in lieu
				of WIC disqualification if such disqualification of the vendor would result in
				inadequate participant access; or, with respect to violations listed in
				sub-paragraph (s) of paragraph (1) of sub-section B of 7.31.2.20 NMAC, if the
				vendor had, at the time of the violation, an effective program and policy in
				effect to prevent trafficking, and if the ownership of the vendor was not aware
				of, did not approve of, and was not involved in the conduct of the
				violation.
(2) The CMP shall be
				calculated by using the following formula:
(a) Determine the vendor's average monthly
				redemptions for at least the 6-month period ending with the month immediately
				preceding the month during which the notice of administrative action is
				dated;
(b) Multiply the average
				monthly redemptions figure by ten percent (.10);
(c) Multiply the product from sub-paragraph
				(b) of paragraph (2) of sub-section B of 7.31.2.22 NMAC by the number of months
				for which the store would have been disqualified. This is the amount of the
				CMP, provided that the CMP shall not exceed $10,000 for each violation. For a
				violation that warrants disqualification, the amount of the CMP shall be
				$10,000.
(3) Exercise of
				this option by the State WIC Office shall not constitute a waiver of the
				Office's right to disqualify the vendor for the same or similar offenses in the
				future, nor of the right to disqualify other vendors for any offense(s) at any
				time.