reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.16 - SUSPENSION OF LICENSE WITHOUT PRIOR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with 241-5 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 waived by the
				  licensee.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.17 - GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE, DENIAL OF INITIAL OR RENEWAL APPLICATION FOR LICENSE, OR IMPOSITION OF INTERMEDIATE SANCTIONS OR CIVIL MONETARY PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A license may be revoked or suspended, an initial or renewal
				  application 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 reasons:
A. failure to
				comply with any provision of these regulations.
B. failure to allow survey by authorized
				representatives of the licensing authority.
C. any person active in the operation of a
				facility licensed pursuant to these regulations, to include all adults and
				teenaged children living in an adult day care home shall not be under the
				influence of alcohol or narcotics or convicted of a felony.
D. misrepresentation or falsification of any
				information on application forms or other documents provided by the licensing
				authority.
E. discovery of repeat
				violations of these regulations during surveys.
F. hiring of or continuing to employ any
				person whose health or conduct impairs their ability to properly protect the
				health, safety, and welfare of the participants.
G. exceeding licensed capacity.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.18 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearing
				procedures for adverse action initiated by the licensing authority against a
				facility license as outlined in Sections 16 and 17 above will be held in
				accordance with adjudicatory hearings, New Mexico health care authority,
				8.370.2 NMAC.
B. A copy of the
				above regulations will be furnished to a facility at the time an adverse action
				is initiated against its license by the licensing authority, or a copy may be
				requested at any time by contacting the licensing authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.19 - NEW FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A new facility may be located in an existing building or a
				  newly constructed building:
A. 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 these
				regulations, if not in conflict with existing building and fire codes. This is
				at the sole discretion of the licensing authority.
B. A new facility opened in a newly
				constructed building shall meet all of the requirements of these
				regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.20 - FACILITY SURVEYS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Surveys are
				meant to be constructive and informative to the licensee and staff of a
				facility, to insure that the facility meets the requirements of these
				regulations, and to identify any area which could be dangerous or harmful to
				the health, safety, and welfare of the participants and staff.
B. A survey will be conducted at least once
				annually in each facility licensed pursuant to these regulations by personnel
				of the licensing authority using these regulations as criteria. Additional
				surveys or visits may be made to assist the facility with technical advice, to
				check on progress in correction of violations found on previous survey, or to
				investigate complaints.
C. At the
				completion of a survey, the findings shall be discussed with the licensee or
				representative and a plan of correction will be requested. If a plan of
				correction is not given at the time of survey the licensee, director or
				operator must submit within 10 working days after receiving the official
				written report of survey, a plan of correction to the licensing authority for
				violations found during the survey. The plan of correction must give specifics
				as to how the violation will be corrected and the expected date of
				completion.
D. The licensing
				authority may, at its sole discretion, accept the plan of correction as written
				or require modifications of the plan by the licensee.
E. Application for licensure, whether initial
				or renewal, shall constitute permission for entry into and survey of a facility
				by authorized licensing authority representative during the pendency of the
				application and, if licensed, during the licensure period.
F. Surveyors have the right to enter upon and
				into the premises of any facility which is licensed or required to be licensed,
				whether or not an application for licensure has been made, at any reasonable
				time for the purpose of determining the state of compliance with these
				regulations.
G. The licensing
				authority shall perform, as it deems necessary, unannounced on-site surveys to
				determine compliance with these regulations, to investigate complaints, or to
				investigate the appropriateness of licensure for any alleged unlicensed
				facility.
H. At all times, there
				must be a person present in the facility who can represent the licensee or
				director for survey purposes. This person must be able to provide access to all
				records and keys to any locked area.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.21 - COMPLAINT PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Submission of complaints: Complaints regarding any facility licensed or
				required to be licensed pursuant to these regulations should be submitted to
				the licensing authority.
(1) Complaints should
				be submitted in writing and signed by the complainant.
(2) Complainants telephoning the licensing
				futhority should identify themselves and be able to provide necessary
				information needed by the licensing futhority in order to document the
				complaint.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.22 - CAPACITY OF A FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
The capacity of a facility licensed pursuant to these
				  regulations is determined by the following:
A. By the type of facility:
(1) An adult day care center may be licensed
				for at least three adults but is not limited as to maximum number of
				participants. Adult relatives of staff and volunteers receiving care in the
				facility must be counted in the licensed capacity.
(2) An adult day care home may be licensed
				for at least three adults but not more than five (5) participants. The
				licensee's own adult relatives under the care of the facility must be counted
				in the licensed capacity when present in the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.23 - REPORTING OF INCIDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All facilities licensed pursuant to these regulations shall
				  report to the licensing authority any incident or unusual occurrence which has,
				  or could threaten the health, safety, and welfare of the participants or staff,
				  such as, but not limited to:
A. lost
				or missing participant;
B. sexual
				or physical abuse of a participant;
C. accidents or injuries requiring medical
				care;
D. fire, flood or other
				natural disaster which creates structural damages to the facility or poses
				health hazards.
E. notifiable
				diseases.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.24 - GENERAL RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The following records must be kept on file in the facility
				  and available for inspection by the licensing authority during survey:
A. a copy of the report of the latest survey
				conducted by the licensing authority and a copy of any variances granted by
				it.
B. record of fire drills
				held.
C. a copy of the latest fire
				prevention inspection by the authority having jurisdiction. Exception: Adult
				day care homes are not required to have fire authority inspections.
D. a copy of the latest environmental
				improvement division inspection of the kitchen if meals are served in the
				facility. Exception: Adult day care homes are not required to have
				environmental improvement division approvals of kitchen.
E. initial and periodic inspection reports
				from environmental improvement division for those facilities which have private
				water, sewage, or waste disposal systems, when applicable.
F. documentation of staff training as
				required by Section 58 of these regulations.
G. documentation of current first aid
				certificates as required by these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.25 - PARTICIPANT RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
There must be maintained a complete record on file for each
				  adult receiving care within a facility licensed pursuant to these regulations,
				  which must contain at least the following:
A. Personal information:
(1) name of participant;
(2) date of birth;
(3) sex;
(4) home address (mailing address and
				location of residence) and telephone number;
(5) name of responsible party;
(6) current place of employment, address and
				work telephone number of responsible party.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.26 - STAFF RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. There must
				be maintained a complete record on file for each staff member or volunteer
				working more than eight hours of any week and having direct contact with the
				participants which must contain at least the following:
(1) name.
(2) address and telephone number.
(3) position for which employed.
(4) date of employment and termination, when
				applicable.
(5) certificate signed
				by a physician or recognized health facility stating that the staff member, or
				volunteer is free from tuberculosis in a transmissible form as required by the
				New Mexico health care authority regulations, control of communicable disease
				in health facility personnel, 7.4.4 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.27 - FACILITY RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility must have written rules pertaining to the
				  following:
A. admission and
				disenrollment of participants.
B.
				duties and responsibilities of all employed staff and volunteers regarding the
				care, services, and supervision of the participants, which must be updated when
				staff duties change.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.28 - POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
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 neglect;
C. policies and procedures for admission and
				disenrollment of participants;
D.
				policies and procedures for action to be taken in the event a participant is
				found missing from the facility;
E.
				policies and procedures for handling of medications;
F. policies and procedures for handling of
				complaints received from guardians or any other person;
G. the facility must have policies and
				procedures prohibiting the following:
(1)
				abusing or neglecting a participant (e.g., slapping, hitting, striking,
				withholding food as a punishment, verbally threatening, or failing to provide a
				participant with the level of services and degree of supervision;
(2) retaliation against a participant because
				of complaints or suggestions regarding the management of the
				facility;
(3) social
				isolation;
(4) the use of chemical
				restraint.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.29 - GENERAL BUILDING(S), GROUNDS, AND SAFETY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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 prior to beginning actual construction. When an addition or
				alteration is contemplated, plans for the entire facility must be
				submitted.
B. Number of stories:
				All building requirements contained in these regulations are based on building
				of one story in which care for adults is not being provided above or below
				ground level. Facilities housed in multi-storied buildings and wishing to
				provide services to adults above or below ground level will have additional
				requirements due to the complexities of the building and fire codes. These
				additional requirements will be outlined by the appropriate building and fire
				authorities and by the licensing authority through plan review and on site
				surveys during the licensing process.
C. Energy conservation: New buildings for a
				facility must be constructed to provide energy conservation as required by
				applicable building codes.
D.
				Access to the handicapped: All facilities must provide access to the
				handicapped as required in current building codes and other state and federal
				regulations. Exception: Adult day care homes are not required to comply with
				Subsections A through D of 8.370.20.29 NMAC above.
E. Prohibition on mobile homes: Trailers and
				mobile homes shall not be used for adult day care.
F. Extent of a facility: All buildings on the
				premises used for the care of adults will be considered part of the facility
				and must meet all requirements of these regulations. Adults being cared for in
				any building on the premises will be counted in the capacity of the
				facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.30 - SPACE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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 provide care.
B. Indoor activity area is computed by
				measuring the activity areas used for the participants, excluding kitchens,
				corridors, bathrooms, storage areas and closets. Measurements are taken from
				wall to wall in each room, deducting offsets and built in fixtures.
C. An outside activity area must be
				provided.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.31 - MAINTENANCE OF BUILDING(S) AND GROUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
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. Furnishings or decorations of
				an explosive or highly flammable character shall not be used.
C. The buildings and grounds of the facility
				must be maintained in a safe, sanitary, and presentable condition at all
				times.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.32 - HOUSEKEEPING

Current through Register Vol. 35, No. 13, July 16, 2024
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 shall provide a non-slip
				finish.
D. Bathrooms and lavatories
				shall be cleaned as often as necessary to maintain a clean and sanitary
				condition.
E. Deodorizers must not
				be used to mask odors caused by unsanitary conditions or poor housekeeping
				practices.
F. Storage areas must be
				kept free from accumulations of refuse, discarded furniture, old newspapers,
				and the like.
G. Combustibles, such
				as cleaning rags and compounds, must be kept in closed metal containers in
				areas providing adequate ventilation and away from participant activity and
				sleeping areas.
H. Poisonous or
				flammable substances must not be stored in participant's activity areas, or
				food storage areas.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.33 - HEATING, VENTILATION, AND AIR-CONDITIONING

Current through Register Vol. 35, No. 13, July 16, 2024
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 minimum temperature of 68 degrees
				farenheit in all rooms used by the participants.
C. The use of unvented heaters, open flame
				heaters or portable heaters, is prohibited.
D. An ample supply of outside air must be
				provided in all spaces where fuel fired boilers or heaters are located to
				assure proper combustion.
E. All
				gas-fired heating equipment must be provided with a one hundred percent
				automatic cutoff control valve in event of pilot failure.
F. Each building where gas is used must have
				the outside gas shutoff valve conspicuously painted red. The facility must have
				a tool readily available which will operate the shut-off valve. The tool will
				also be painted red. All staff of the facility must be instructed as to
				location of the gas shut-off valve and must know how to shut off the gas supply
				in case of fire or gas leakage. Exception: Adult day care homes are not
				required to comply with Subsection F of 8.370.20.33 NMAC above.
G. All boiler, furnace or heater rooms shall
				be protected from other parts of the building by construction having a fire
				resistance rating of not less than one hour. Doors to these rooms shall be at
				least one and three-quarters inches solid core. Exception: Adult day care homes
				are permitted to have the normal residential type heating system.
H. A facility must be adequately ventilated
				at all times by either mechanical or natural means to provide fresh air and the
				control of unpleasant odors.
I. All
				gas burning heating and cooking equipment must be connected to an approved
				venting system to take the products of combustion directly to the outside air.
				Exception: Adult day care homes are not required to vent cooking
				stoves.
J. All openings to the
				outer air used for ventilation must be screened with screening material of not
				less than sixteen (16) meshes per lineal inch.
K. The facility must be provided with a
				system for maintaining participant's comfort during periods of hot
				weather.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.34 - WATER

Current through Register Vol. 35, No. 13, July 16, 2024
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 Mexico environment department prior to licensure. It is
				the facility's responsibility to ensure that subsequent periodic testing or
				inspection of such private water systems be made at intervals prescribed by the
				New Mexico environment department.
C. Hot and cold running water, under
				pressure, must be distributed to all food preparation areas, lavatories,
				washrooms, laundries and bathrooms.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.35 - WATER HEATERS

Current through Register Vol. 35, No. 13, July 16, 2024
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 relief valve (pop-off-valve) complete with relief drain line to the
				outside of the facility.
C. Water
				heaters must not be located in participant areas used for activity or
				sleeping.
D. Temperature of hot
				water for lavatories must not be above 110 degrees farenheit.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.36 - SEWAGE AND WASTE DISPOSAL

Current through Register Vol. 35, No. 13, July 16, 2024
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 construction industries division.
Exception: Adult day care
				  homes.
C. Where
				municipal or community garbage collection and disposal service are not
				available, the method of collection and disposal of garbage used by the
				facility must be inspected and approved by the New Mexico environment
				department. Exception: Adult day care homes.
D. All garbage and refuse receptacles must be
				durable, have tight fitting lids, must be insect and rodent proof, washable,
				leak proof, and constructed of materials which will not absorb liquids.
				Receptacles must be kept clean.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.37 - LIGHTING AND LIGHTING FIXTURES

Current through Register Vol. 35, No. 13, July 16, 2024
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 centers
				must be provided with emergency lighting which will activate automatically upon
				disruption of electrical service.
D. Adult day care homes must have at least a
				flashlight readily available and in operable condition for use as emergency
				lighting.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.38 - ELEMENTS OF FACILITY ELECTRICAL SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
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 must have a readily available disconnect switch. All
				staff and caregivers must know the location of the electrical disconnect switch
				and how to operate it in case of emergency.
D. The use of jumpers or devices to bypass
				circuit breakers or fuses is prohibited.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.39 - ELECTRICAL CORDS, APPLIANCES, AND OUTLETS

Current through Register Vol. 35, No. 13, July 16, 2024
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 room where used and must not be connected in one
				room and extended to another room.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.40 - WINDOWS

Current through Register Vol. 35, No. 13, July 16, 2024
All activity areas for participants must have a least one (1)
				  window or skylight area of at least 1/20 of the floor area.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.41 - EXITS

Current through Register Vol. 35, No. 13, July 16, 2024
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-fourths of an inch wide.
D.
				Exit signs, when applicable, must be visible at all times. Exception: Adult day
				care homes are not required to have exit signs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.42 - DOORS

Current through Register Vol. 35, No. 13, July 16, 2024
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 outward.
D. Locks and latches on closets and bathrooms
				must be of the type that the lock can be released from the outside.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.43 - OUTDOOR AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
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 items.
D. Outdoor areas must be designed to permit
				direct supervision of the participants at all times.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.44 - TOILET AND BATHING FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
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) One toilet for
				each additional 15 participants or fraction thereof.
(3) Lavatories must be provided within each
				toilet room at a ratio of one to 40 participants.
(4) Toilet paper, soap, and disposable towels
				must be provided in all toilet rooms.
(5) The use of a common towel or wash cloth
				is prohibited.
(6) Bathrooms and
				lavatories must be cleaned as often as necessary to maintain a clean and
				sanitary condition.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.45 - FIRE SAFETY COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
All current applicable requirements of state and local codes
				  for fire prevention and safety must be met by the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.46 - FIRE CLEARANCE AND INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 care homes are not required to have fire authority inspections.
B. Each facility shall 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. If the fire authority having jurisdiction does make annual inspections, a
				copy of the latest inspection must be kept on file in the facility. Exception:
				Adult day care homes are not required to have annual fire
				inspections.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.47 - FIRE ALARMS, SMOKE DETECTORS AND OTHER EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
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 facility must be
				equipped with smoke detectors approved in writing by the fire authority having
				jurisdiction as to number, type, and placement. Exception: Adult day care homes
				are only required to have one smoke detector in the participants activity rooms
				which may be battery operated.
C.
				Fire extinguishers as approved by the state fire marshal or fire authority
				having jurisdiction must be located in the facility. Facilities must as a
				minimum have two 2A10BC fire extinguishers, one centrally located in the
				facility activity areas. Exception: Adult day care homes are only required to
				have one 2A10BC fire extinguisher located in the kitchen or food preparation
				area.
D. Fire extinguishers, alarm
				systems, automatic detection equipment, and other fire fighting equipment must
				be properly maintained and inspected at least yearly, and more often if
				recommended by the manufacturer, state fire marshal, or fire authority having
				jurisdiction. Fire extinguishers must be tagged noting the date of
				inspection.
E. All fire
				extinguishers must be inspected yearly and recharged as specified by the
				manufacturer, state fire marshal or local fire prevention authorities. All fire
				extinguishers must be tagged noting the date of inspection.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.48 - STAFF FIRE AND SAFETY TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
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 fire prevention and techniques of
				evacuation.
B. The staff of a
				facility must be instructed as part of their duties to constantly strive to
				detect and eliminate potential safety hazards, such as loose handrails, frayed
				electrical cords, blocked exits or exit ways, and any other condition which
				could cause burns, falls, or other personal injury to the participants or
				staff.
C. Fire drills: The facility
				must conduct at least one fire drill each month.
(1) Fire drills must be held at different
				times of the day.
(2) The fire
				alarm system or detector system in the facility shall be used in the conduct of
				fire drills.
(3) In the conduct of
				fire drills, emphasis must be placed upon orderly evacuation under proper
				discipline rather than upon speed.
(4) A record of fire drills held must be
				maintained on file in the facility. Such record must show date and time of the
				drill, number of personnel participating in the drill, and any problem noted
				during the drill.
(5) The local
				fire department should be requested to supervise and participate in fire
				drills.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.49 - PROVISIONS FOR EMERGENCY CALLS

Current through Register Vol. 35, No. 13, July 16, 2024
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, and poison control center shall be posted by each telephone
				in the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.50 - SMOKING

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.51 - CARPETS

Current through Register Vol. 35, No. 13, July 16, 2024
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
				allow wheelchair mobility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.52 - ACCESS REQUIREMENTS FOR THE HANDICAPPED

Current through Register Vol. 35, No. 13, July 16, 2024
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.
(2) Building must allow access to
				participant's activity areas.
(3)
				Access to at least one toilet is required to have a minimum door clearance of
				32 inches, 36 inches is recommended. Toilet room must also provide a 60 inch
				diameter clear space (turning radius for a wheelchair).
(4) If ramps are provided to the building,
				the slope must be at least 12 inches horizontal run for each one inch of
				vertical rise.
(5) Ramps leading to
				doorways must have a five foot by five foot level area at the
				doorway.
(6) Ramps exceeding a six
				inch rise shall be provided with handrails.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.53 - ADULT DAY CARE CENTERS IN MULTI-USE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
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
				part of the day care program plan and must be supervised by a day care staff
				member, i.e., senior center crafts and social events and lunch at a congregate
				meal site.
C. It is not appropriate
				for persons from other activity groups in the building to move through the day
				care area at will or to attend day care activities on an informal basis. The
				day care program is in a sense a "closed" program in that participation is open
				only to persons enrolled in the program and to visitors on a planned
				basis.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.54 - GENERAL PERSONNEL AND STAFFING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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 licensee. Their
				qualifications, references and employment history must be verified prior to
				employment.
C. A person who has
				been convicted of a felony or of a misdemeanor involving moral turpitude shall
				not be allowed to work as an administrator/director/operator, direct service
				staff, or support staff member in a facility licensed pursuant to these
				regulations. This includes family members who work or reside in an adult day
				care home.
D. All persons
				volunteering with the facility, are deemed to be staff and are subject to these
				regulations.
E. Staff members who
				work directly with participants and who are counted in the staff/participant
				ratio must be 18 years of age or older.
F. Persons under the age of 18 shall at all
				times work directly under the supervision of a staff member who is physically
				present.
G. Persons employed solely
				for clerical, cooking and maintenance shall not be included in the
				staff/participant ratio.
H.
				Substitutes and part-time staff members, who are counted in the
				staff/participant ratios, shall meet the same requirement as regular
				staff.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.55 - QUALIFICATIONS FOR DIRECTORS OF CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
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 with established policies.
C. The program director shall meet all of the
				minimum qualifications and personal characteristics stated below.
(1) 18 years of age or older;
(2) shall have completed at least a
				baccalaureate degree from a nationally accredited institution of education in
				the field of geriatrics, or a health related course of study which includes the
				care of the elderly, or be a registered nurse;
(3) shall have a minimum of two years
				experience and training in services to elderly or handicapped adults;
(4) shall have demonstrated ability in
				supervision and administration.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.56 - QUALIFICATIONS OF OPERATORS OF ADULT DAY CARE HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
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 least two years of full-time work
				experience in services to elderly or handicapped adults;
E. provide a written statement from a
				physician or a recognized health facility stating that the operator is free
				from communicable disease;
F. have
				the ability to work with people;
G.
				provide references, including former employer(s);
H. meet the requirements of Section
				53.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.57 - VOLUNTEERS

Current through Register Vol. 35, No. 13, July 16, 2024
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 the tasks to be performed, qualifications
				for performing the tasks, and specifics about hours, days and length of
				commitment needed from the volunteer.
B. The volunteer shall take part in a formal
				or informal orientation and training session to inform him/her of the goals of
				the program, the operation and daily schedule of the program, specific needs of
				the adults being served and any necessary, specialized approaches the volunteer
				will be expected to use.
C.
				Employees of the program shall be properly informed of the use of a volunteer
				prior to their working in the program, staff's responsibility and role and the
				volunteer's responsibility and role. Employees shall be involved in planning
				for the volunteer and shall assist in writing the duties the volunteer will
				perform.
D. Volunteers working more
				than half-time and having direct contact with participants shall have a
				certificate from a physician or medical facility stating that they are free
				from tuberculosis in a transmissible form.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.58 - STAFF TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
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 with the
				date, name of staff member or caregiver, hours spent in training, subject and
				source of training.
D. Before
				beginning work all facilities shall provide for each staff member an
				orientation which includes the following as a minimum:
(1) scope of services, activities, and
				program offered by the facility;
(2) emergency first aid procedures,
				recognition of illness and indicators of abuse;
(3) fire prevention measures and emergency
				evacuation plans;
(4) review of
				licensing regulations;
(5) special
				problems of the elderly and disabled;
(6) participant rights;
(7) sanitation procedures.