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 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.87 - SUBMISSION OF PLANS AND SPECIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For all new construction:
A. One copy of schematic and preliminary
				plans shall be submitted to the authority for review and approval of the
				functional layout.
B. One copy of
				working plans and specifications shall be submitted to and approved by the
				authority before construction is begun. The authority shall notify the facility
				in writing of any divergence in the plans and specifications, as submitted,
				from the prevailing rules.
C. The
				plans specified in Subsection B of 8.370.16.87 NMAC shall show the general
				arrangement of the buildings, including a room schedule and fixed equipment for
				each room and a listing of room numbers, together with other pertinent
				information. Plans submitted shall be drawn to scale.
D. Any changes in the approved working plans
				affecting the application of the requirements herein established shall be shown
				on the approved working plans and shall be submitted to the authority for
				approval before construction is undertaken. The authority shall notify the
				facility in writing of any divergence in the plans and specifications as
				submitted, from the prevailing rules.
E. If on-site construction above the
				foundation is not started within six months of the date of approval of the
				working plans and specifications under Subsection B of 8.370.16.87 NMAC, the
				approval shall be void and the plans and specifications shall be resubmitted
				for reconsideration of approval.
F.
				If there are no divergences from the prevailing rules, the authority shall
				provide the facility with written approval of the plans as submitted.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES › Section 8.370.16.88 - RELATED REGULATIONS AND CODES

Current through Register Vol. 35, No. 13, July 16, 2024
Long term care facilities subject to these regulations are
				  also subject to other regulations, codes and standards as the same may, from
				  time to time, be amended as follows:
A. Health facility licensure fees and
				procedures, New Mexico health care authority, 8.370.3 NMAC.
B. Health facility sanctions and civil
				monetary penalties, New Mexico health care authority, 8.370.4 NMAC.
C. Adjudicatory hearings, New Mexico health
				care authority, 8.370.2 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Health Care Authority, Division of Health
				  Improvement.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. These
				regulations apply to public, for profit and nonprofit freestanding birth
				centers providing the services specified in these regulations. Any freestanding
				birth center providing services specified in these regulations must be licensed
				under these regulations prior to obtaining federal certification.
B. These regulations do not apply to:
(1) hospitals that provide labor and delivery
				services under their hospital license;
(2) births performed in a private residence
				by licensed midwives or certified nurse midwives acting within the scope of
				their license; and
(3) offices and
				treatment rooms of a licensed private practitioners.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations set forth herein are promulgated pursuant to
				  the general authority granted under Subsection E of Section 9-8-6 NMSA 1978;
				  and the authority granted under Subsection D of Section 241-2, Subsection I of
				  Section 24-1-3, Subsection R of Section 24-1-3 and 24-1-5 NMSA 1978 of the
				  Public Health Act, as amended. Section 9-8-1 et seq. NMSA 1978 establishes the
				  health care authority (authority) as a single, unified department to administer
				  laws and exercise functions relating to health care purchasing and
				  regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. To encourage the
				establishment and maintenance of freestanding birth centers which provide
				quality care within a safe home like environment for mothers and
				infants.
B. To establish minimum
				standards for licensing of freestanding birth centers that provide birthing
				services different from, and outside the acute care hospital setting, while
				promoting safety and quality care for mothers and infants.
C. To monitor freestanding birth center
				compliance under these regulations through surveys and to identify any facility
				areas in which could be dangerous or harmful.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.8 - STANDARD OF COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
The degree of compliance required throughout these
				  regulations is designated by the use of the words "shall" or "must" or "may".
				  "Shall" or "must" means mandatory compliance. "May" means permissive
				  compliance. The words "adequate", "proper", and other similar words mean the
				  degree of compliance that is generally accepted throughout the professional
				  field by those who provide birthing services to the public in facilities
				  governed by these regulations. However, if any other applicable statute or
				  regulation requires mandatory or stricter compliance for birth center services
				  than these regulations, the licensee and facility must comply with the more
				  strict compliance requirements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.9 - FREESTANDING BIRTH CENTER SCOPE OF SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. General scope of services. Freestanding
				birth centers endorse the wellness care model by providing supportive care and
				using interventions only when medically necessary. Birth centers may provide
				women's health services including annual exams, contraception counseling,
				pre-conception counseling, sexually transmitted infection testing and
				treatment, prenatal care, birth services, and postpartum and newborn care
				following a normal, low risk pregnancy. The facility may offer other health
				services by licensed professionals working within the scope of their license
				providing the physical space used by the other services is clearly delineated
				and separate from the birth center services, the other services do not
				interfere with any birth center requirements, the facility complies with any
				applicable licensing regulations for the other services, and the authority is
				capable of determining the physical boundaries between the birth center
				facilities licensed under these regulations and other facilities, if licensed
				under other regulations.
B.
				Limitations on scope of services. Except in the event of an emergency, surgical
				procedures shall be limited to those normally performed during birth, but may
				include episiotomy and repair, other procedures for newborns, and well women's
				care but only if such procedures are performed by a licensed practitioner
				acting within the scope of the practitioner's license. Trials of labor after
				cesarean section (TOLAC) and vaginal birth after cesarean (VBAC) services shall
				only be performed at a freestanding birth center by a practitioner whose
				license authorizes this scope of practice.
C. Services not allowed and not to be
				performed at freestanding birth center. The following services shall not be
				performed in a freestanding birth center:
(1)
				general, regional or epidural anesthesia services;
(2) medications for cervical ripening,
				induction or augmentation of labor;
(3) operative vaginal forceps or vacuum or
				abdominal births; and
(4)
				abortions.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.10 - LICENSE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A freestanding birth center facility shall not be operated
				  without a license issued by the authority. Any freestanding birth center or
				  facility operating after the effective date of these regulations, must be
				  licensed under these regulations. Any facility providing the services described
				  in these regulations after the effective date of these regulations, shall apply
				  for a freestanding birth center license within 180 days. Any unlicensed
				  freestanding birth center that has not applied for a license, may only continue
				  to operate without a license for 180 days from the effective date of these
				  regulations. A freestanding birth center licensed under these regulations shall
				  not assert, represent, offer, provide or imply that the facility is or may
				  render care or services other than the services it is permitted to render under
				  these regulations and within the scope of all applicable professional
				  license(s). If an unlicensed freestanding birth center is found to be providing
				  services for which a license is required under these regulations, the secretary
				  may issue a cease-and-desist order, to protect human health or safety or
				  welfare. The licensed facility may request a hearing that shall be held in the
				  manner provided under these regulations and all other applicable
				  regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.11 - INITIAL LICENSURE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations should be thoroughly understood and used by
				  the applicant, when applying for the initial freestanding birth center license.
				  The applicant for an initial facility license under these regulations must
				  follow these procedures when applying for a license.
A. Notification and letter of intent: The
				owner shall advise the licensing authority of its intent to open a freestanding
				birth center pursuant to these regulations by submitting a letter of intent.
				The letter of intent must be on the applicant's letterhead and signed by a
				person with authority to make legal decisions for the owner and the facility
				and at a minimum, include the following:
(1)
				the name of facility;
(2) the name
				of the legal owner and licensee and the type of legal entity under which the
				facility shall be owned;
(3) the
				name of the management company, if any;
(4) the type of facility license
				requested;
(5) the anticipated
				number of clients to be served;
(6)
				the number of birthing rooms in the proposed facility;
(7) the physical address of facility
				including building name or suite number;
(8) the mailing address, if different from
				physical address;
(9) the contact
				name(s), address, e-mail address, and telephone number(s);
(10) the anticipated payers and sources of
				reimbursement; and
(11) a list of
				all services, medical and non-medical, to be provided at the facility location
				which is requesting the license.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.12 - ADDITIONAL DOCUMENTS REQUIRED WITH LICENSE APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The authority reserves the right to require an applicant to
				  provide any and all additional documents, as part of its license application,
				  in order for the authority to determine whether the applicant and the facility
				  are in full compliance with these regulations, as well as any and all other
				  applicable statutes and regulations. At a minimum, additional documents
				  required to be attached to the initial license application, include, but are
				  not limited to:
A. Building approvals:
				The applicant must submit all building approvals required for the facility to
				operate in the jurisdiction in which it is located, including, but not limited
				to:
(1) written building approvals and
				certificates of occupancy from the appropriate authority (state, city, county,
				or municipality) for business occupancy; and
(2) written fire safety approvals from the
				fire safety authority having jurisdiction.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.13 - LICENSE TYPES, VARIANCES AND WAIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Temporary license: The licensing authority
				may, at its sole discretion, issue a temporary license to a new freestanding
				birth center before clients are admitted or for facilities that existed prior
				to enactment of these regulations, provided that the freestanding birth center
				has submitted a license application, supporting documents, has met all of the
				applicable life safety code requirements, and its program, policies, and
				procedures have been reviewed for compliance with these regulations. A
				temporary license is not guaranteed under these regulations and shall be
				limited and restricted to:
(1) a period of
				time, not to exceed 120 days, during which the facility must correct all
				specified deficiencies;
(2) no more
				than two consecutive temporary licenses shall be issued in accordance with
				applicable statutes and regulations;
(3) the facility being allowed to accept
				clients and provide care services, subject to any requirements and restrictions
				attached to the temporary license;
(4) a finding that the applicant is qualified
				and in full compliance with applicable life safety code requirements;
				and
(5) any determination of
				compliance or noncompliance for a temporary license or initial license shall be
				made at the licensing authority's sole discretion based upon the health,
				safety, or welfare of the facility's clients, patients and staff and proof by
				the applicant that it is not in violation of other applicable state and federal
				statutes and regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.15 - POSTING OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The facility's license must be posted in a conspicuous place
				  on the licensed premises in an area visible to the public.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.16 - NON-TRANSFERABLE RESTRICTION ON LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A license granted under these regulations
				is not transferable to any other owner, whether an individual or legal entity,
				or to another location. The authority shall not guarantee or be liable for or
				responsible for guaranteeing the transfer of the license to any other owner or
				other location. The existing license shall be void and must be returned to the
				licensing authority when any one of the following situations occurs:
(1) any ownership interest in the facility
				changes;
(2) the facility changes
				location;
(3) the licensee of the
				facility changes; or
(4) the
				facility discontinues operation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.17 - AUTOMATIC EXPIRATION OR TERMINATION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
An existing license shall automatically expire at midnight on
				  the day indicated on the license, unless it is renewed sooner or it has been
				  suspended or revoked. If a facility discontinues operation, is sold, leased or
				  otherwise changes any ownership interest or changes location, the existing
				  license shall automatically expire at midnight on the date of such action.
				  Failure by any owner or new owner to apply for a renewal or new license, while
				  continuing to operate under these regulations, shall be considered a violation
				  and consent to the imposition of late fees, sanctions or other actions for
				  operating without a license, allowed under these regulations and all other
				  applicable statutes and regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.18 - SUSPENSION OF LICENSE WITHOUT PRIOR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
If immediate action is required to protect human health and
				  safety, the licensing authority may act in accordance with Section 24-1-5 NMSA
				  1978, as amended, and 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 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.19 - GROUNDS FOR DENIAL OF INITIAL OR RENEWAL LICENSE APPLICATION, SUSPENSION OR REVOCATION OF LICENSE, OR IMPOSITION OF INTERMEDIATE SANCTIONS OR CIVIL MONETARY PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
An initial license application or a renewal license
				  application may be denied, or an existing license may be revoked or suspended,
				  or intermediate sanctions or civil monetary penalties may be imposed, after
				  notice and opportunity for a hearing, for any of the following:
A. failure to comply with any provision of
				these regulations;
B. failure to
				allow access to the facility and survey(s) by authorized representatives of the
				licensing authority;
C. allowing
				any person to work at the facility while impaired physically or mentally or
				under the influence of alcohol or drugs in a manner which harms the health,
				safety or welfare of the clients, newborns, staff or visitors;
D. allowing any person, subject to all
				applicable statutes and regulations, to work at the facility if that person is
				listed on the employee abuse registry or considered an unemployable caregiver
				under the Caregivers Criminal History Screen Act, as amended, and related
				regulations, as amended or has a felony conviction for:
(1) homicide;
(2) trafficking controlled
				substances;
(3) kidnapping, false
				imprisonment, aggravated assault or aggravated battery;
(4) rape, criminal sexual penetration,
				criminal sexual contact, incest, indecent exposure or other related sexual
				offenses;
(5) crimes involving
				adult abuse, neglect or financial exploitation;
(6) crimes involving child abuse or
				neglect;
(7) robbery, larceny,
				burglary, fraud, extortion, forgery, embezzlement, credit card fraud or
				receiving stolen property; or
(8)
				an attempt, solicitation or conspiracy involving any of the felonies in this
				subsection.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.20 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Hearing procedures for an administrative appeal of an adverse
				  action taken by the authority against a facility's license will be held in
				  accordance with applicable rules relating to adjudicatory hearings, including,
				  but not limited to, 8.370.2 NMAC. A copy of the above regulations will be
				  furnished at the time an adverse action is taken against a facility's license
				  by the licensing authority, if the regulations cannot be obtained from a public
				  website.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.21 - FACILITY SURVEYS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application
				for licensure, whether initial or renewal, shall constitute permission for
				unrestricted entry into and survey of a facility by authorized licensing
				authority representatives at times of operation during the pendency of the
				license application, and if licensed, during the licensure period.
B. Surveys may be announced or unannounced at
				the sole discretion of the licensing authority. If, at the time of a facility
				survey, a client is in labor, birthing, or immediately postpartum, the survey
				may be rescheduled at the sole discretion of the licensing authority without
				penalty to the facility.
C. Upon
				receipt of a notice of deficiency from the licensing authority, the licensee or
				their representative shall be required to submit a plan of correction to the
				licensing authority within 10 working days stating how the facility intends to
				correct each violation noted and the expected date of completion. All plans of
				correction for state or federal deficiencies, if any, shall be disclosed in
				compliance with applicable state or federal statutes and regulations. A state
				plan of correction is not confidential once it has been approved and is
				admissible for all purposes in any adjudicatory hearing and all subsequent
				appeals relating to a facility license, including to prove licensee compliance
				violations.
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.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.22 - REPORTING OF INCIDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All facilities licensed under these regulations must comply
				  with all incident intake, processing, training and reporting requirements under
				  these regulations, as well as with any and all other applicable statutes and
				  regulations. All facilities shall report to the licensing authority any serious
				  incidents or unusual occurrences which have threatened, or could have
				  threatened the health, safety and welfare of the clients, including, but not
				  limited to:
A. fire, flood or other
				man-made or natural disasters including any damage to the facility caused by
				such disasters and any incident which poses or creates any life safety or
				health hazards;
B. any outbreak of
				contagious diseases and diseases dangerous to the public health;
C. any human errors by staff and employees
				which may or has resulted in the death, serious illness, or physical impairment
				of a client or newborn or staff; and
D. abuse, neglect, exploitation, injuries of
				unknown origin and other reportable incidents in accordance with 8.370.9 NMAC,
				as may be amended from time to time.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.24 - RISK ASSESSMENT, CLIENT ACCEPTANCE AND LABOR ADMISSION CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed facilities shall follow and maintain written
				  clinical practice guidelines which address, at a minimum, eligibility for care,
				  ongoing eligibility, medical consultation, and transfer criteria in accordance
				  with the scope of practice authorized under each practitioner's individual
				  license(s) to be reviewed and updated by the internal quality committee at
				  least annually.
A. Risk assessment: A
				licensed practitioner shall make risk assessments of all clients that at a
				minimum include:
(1) an initial assessment
				which documents the general health and eligibility of a potential client and
				which includes a detailed medical, social and family history, a physical
				examination, and routine prenatal labs; the assessment may also include
				ultrasounds to determine whether the client meets the criteria for the
				facility's scope of care;
(2)
				completing, maintaining, and documenting an initial risk assessment and an
				on-going risk assessment in the client record which include compliance with
				admission criteria prior to client acceptance and throughout the pregnancy with
				the clinical director making the final determination of each client's
				risk;
(3) if a client before 32
				weeks gestation has failed to register for freestanding birth center care and
				has not received prenatal care, the client shall not be accepted for care at
				the facility unless the client obtains a medical consultation outside of the
				facility, meets all other eligibility criteria, and a written, signed exception
				is made by the clinical director on a case-by-case basis;
(4) clear documentation of referrals,
				consultations and transfers to other providers for ineligible clients or
				medical transfers;
(5) assessing
				each client's risk status on admission in labor and throughout labor for
				continuation of services;
(6)
				whether the facility will have adequate space and sufficient staff to support
				the client newborn during labor, birth and postpartum;
(7) written criteria for antepartum,
				intrapartum, postpartum and newborn acceptance and transfer to a hospital which
				delineates the transfer process from the facility to an accepting hospital;
				and
(8) limitations on the number
				of active labor clients at the facility to the number of birth rooms available
				at the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.25 - CLIENT RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
All facilities licensed pursuant to these regulations shall
				  support, protect, and respect clients' rights. Facility staff shall receive
				  training on client rights and demonstrate understanding and competence in the
				  policies and procedures regarding client rights. Client rights will be posted
				  or made available to facility clients in English or their preferred language.
				  The method by which a client may register a complaint against the facility will
				  be posted or otherwise made available to clients. The facility shall have and
				  enforce policies and procedures which guarantee:
A. the right to equal service, regardless of
				race, gender, gender identity, religion, ethnic background, sexual orientation,
				education, social class, physical or mental handicap, or economic
				status;
B. the right to
				considerate, courteous and respectful care from all staff;
C. the right to complete information using
				terms the average client can reasonably be expected to understand;
D. the right to informed consent, full
				discussion of risks and benefits prior to any invasive procedure, except in an
				emergency, and advice regarding alternatives to the proposed
				procedure(s);
E. the right to
				receive a written list of all services available, service costs and advanced
				notice of any changes;
F. the right
				to receive care that is consistent with current scientific evidence about
				benefits and risks;
G. the right
				for non-English speaking clients to obtain assistance in
				interpretation;
H. the right to
				know the names, titles, professions and specific types and licenses held by the
				facility staff to whom the client speaks to and from whom services or
				information are received;
I. the
				right to refuse examinations and procedures to the extent permitted by law and
				to be informed of the health and legal consequences of any refusal;
J. the right of access to the client's
				personal health records;
K. the
				right of respect for the client's privacy;
L. the right of confidentiality of the
				client's personal health records as provided by law;
M. the right to expect reasonable continuity
				of care within the scope of services and staffing;
N. the right to have the client's civil
				rights, cultural background and religious opinions respected;
O. the right to present complaints to the
				management of the facility without fear of reprisal; and
P. the right to examine and receive a full
				explanation of any charges made by the facility regardless of source of
				payment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.26 - CLIENT HEALTH RECORD

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall maintain client health records in a
				  legible, uniform, complete and accurate format that provides continuity and
				  documentation of maternal and newborn information which is readily accessible
				  to health care practitioners, while protecting confidentiality, using a system
				  that allows for reliable and safe storage, retrieval and loss prevention. The
				  facility must use a record form appropriate for use by the practitioners in the
				  facility which contains the required information necessary for transfer to an
				  acute care maternal and newborn hospital.
A. Record contents: Each licensed facility
				must maintain a medical record for each client which may be in a paper or
				electronic format but which can be easily accessible, copied, provided,
				reviewed and transported in the event of any emergency or transfer. Every
				record must be accurate, legible and promptly completed. At a minimum, facility
				health records for each client must include written documentation of the
				following:
(1) client demographics;
(2) client consent forms;
(3) pertinent medical, social, family,
				reproductive and nutritional history;
(4) a list of medications that are currently
				prescribed for the client, including any self-administered over-the-counter
				medication or neutraceuticals, including dose of medication, route of
				administration, and frequency of use;
(5) allergy list;
(6) initial physical exam;
(7) initial and on-going risk assessment and
				status;
(8) laboratory, radiology
				and other diagnostic reports;
(9)
				assessment of the health status and health care needs of the client;
(10) evidence of continuous prenatal care
				including progress notes;
(11)
				evidence of prenatal educational resources;
(12) labor and birth summary;
(13) postpartum care with evidence of
				follow-up within 48 hours of birth;
(14) newborn care and follow-up;
(15) appropriate referral of ineligible
				clients and documentation of transfer of care;
(16) documentation of any consultations,
				special examinations and procedures;
(17) discharge summary and applicable
				instructions to the client;
(18)
				list of staff present during labor, birth and postpartum;
(19) evidence that client rights have been
				provided to each client; and
(20)
				consent form for participation in research signed by the client, if
				applicable.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.27 - MINIMUM STAFFING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Qualified and properly licensed professional and clinical
				  staff shall provide quality family centered maternal and newborn care
				  consistent with the scope of practice authorized under each individual
				  practitioner's license(s). Direct care staff shall have access to consulting
				  clinical specialists and support by administrative and ancillary personnel
				  consistent with the volume of clients enrolled for care and the scope of
				  services offered. The facility shall maintain adequate numbers of professional
				  and support staff on duty, present on premises, and on-call to meet routine
				  service demands, as well as high service demands and emergencies in order to
				  assure client safety, satisfaction, and that no mother in active labor is
				  unattended. The facility shall have on staff at a minimum:
A. a midwife or physician on duty whenever
				there is a client in the facility in active labor or immediately
				postpartum;
B. a midwife or
				physician on immediate call whenever clients are in the facility receiving
				clinical services;
C. personnel
				trained in the use of emergency equipment and in BLS and NRP must be on duty
				whenever a client is within the freestanding birth center receiving clinical
				services; this includes nighttime hours when clients are within the
				freestanding birth center in labor or postpartum;
D. an on-site administrator managing the
				daily operations and implementing the policies and procedures;
E. a clinical director responsible for
				implementing facility clinical policies;
F. an internal quality committee that ensures
				the effectiveness of the quality assurance and performance improvement process
				at the facility; and
G. an external
				quality committee that provides in-depth peer review.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.28 - MINIMUM STAFF QUALIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The facility staff minimum qualifications shall be:
A. Administrator qualifications: The
				administrator must:
(1) be at least age
				21;
(2) have a high school diploma
				or general educational development (GED) certificate and two years of
				administrative or management experience;
(3) be a licensed healthcare professional;
				and
(4) if not a licensed
				healthcare professional, be a forty percent or greater owner in the facility
				with relevant business experience.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.29 - STAFF RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
At a minimum, staff records shall include:
A. Personnel records: Each facility licensed
				pursuant to these regulations must maintain complete written records for each
				staff member, employee, contractor and volunteer working at the facility, that
				are available for review upon request by the licensing authority. At a minimum,
				each person's records must contain the following:
(1) personal identification and demographic
				information;
(2) all
				qualifications;
(3) all current
				license(s) and training certification(s), including inoculations, if
				applicable;
(4) annual performance
				evaluations;
(5) documentation that
				the employee has read and received the personnel policies;
(6) documentation of required occupational
				safety and health administration (OSHA) and Health Insurance Portability and
				Accountability Act (HIPAA) training; and
(7) copy of caregiver criminal history
				screening clearance letter for all applicable caregivers including any
				volunteers acting as caregivers and documentation that the employee abuse
				registry has been reviewed to verify the staff person or caregiver is not a
				risk to client or newborn health, safety and welfare.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.30 - RESEARCH

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a facility is
				conducting research activities, the facility must have written policies and
				procedures for conducting the research being done, documentation that the study
				has received institutional review board (IRB) approval and a consent form for
				each client involved in the research in the client's record.
B. When research is conducted by the facility
				or by the employees or by affiliates of the freestanding birth center or when
				the facility is used as a research site, such that the facility's clients and
				staff are involved in or the subjects of research; the research must be
				conducted by qualified researchers, having evidence in formal training and
				experience in the conduct of clinical, epidemiologic or sociologic research, in
				accordance with the written, approved research policies and procedures, by
				staff trained to conduct such research and in a manner that protects the
				client's health, safety and right to privacy and the facility and its clients
				from unsafe practices.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.31 - PHARMACEUTICAL SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. One
				individual shall be designated responsibility for pharmaceutical services to
				include accountability and safeguarding.
B. Keys to the drug room or pharmacy must
				only be made available to authorized personnel by the individual having
				responsibility for pharmaceutical services.
C. Drugs and biologicals must be stored,
				prepared and administered in accordance with acceptable standards of practice,
				in compliance with all New Mexico state board of pharmacy requirements and in
				compliance with any and all other applicable federal and state statutes and
				regulations.
D. Outdated drugs and
				biologicals must be disposed of in accordance with methods required by the New
				Mexico state board of pharmacy.
E.
				Adverse reactions and allergies to medications must be reported to the licensed
				provider responsible for the client and must be documented in the client's
				record.
F. Blood products are
				limited to those used to prevent isoimmunization during and after pregnancy and
				shall only be administered by a properly licensed personnel acting within the
				scope of their license.
G.
				Medication administration shall only be performed by a licensed provider acting
				within the scope of their license.
H. Blood, including whole blood, packed red
				cells, plasma, cryoprecipitate, or other blood factors may not be administered
				in a freestanding birth center facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.32 - LABORATORY SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				facility that provides on-site laboratory services shall meet all current CLIA
				regulations and must have a CLIA certificate appropriate to the level of
				testing (e.g., certificate of waiver, provider performed microscopy (PPM) or
				certification for moderately complex testing or waiver).
B. A facility that contracts out its
				laboratory services shall only contract with a laboratory that meets all
				current CLIA regulations and has CLIA certificates appropriate for all testing
				requested by the facility.
C. All
				lab test results performed either at the facility, or by contract, or by other
				arrangement must be entered into the client record(s).
D. All laboratory procedures shall be
				conducted in accordance with acceptable standards of practice.
E. Facilities that provide laboratory
				services or collect specimens for testing by outside CLIA laboratories must
				provide the following:
(1) laboratory work
				counter(s) with a sink and electrical outlets;
(2) lavatory or counter sink(s) equipped for
				hand washing, or alcohol-based hand sanitizer to decontaminate hands;
(3) adequate storage for lab
				supplies;
(4) specimen collection
				facilities with a toilet and lavatory;
(5) blood collection facilities shall have
				seating space, a work counter and hand washing facilities;
(6) appropriate storage facilities to ensure
				specimens are maintained at correct temperatures and to prevent any
				deterioration or contamination.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.33 - INFECTION CONTROL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The facility
				shall develop, implement and enforce written infection control policies and
				procedures to minimize the transmission of infection. Policies shall include
				educational course requirements; decontamination, disinfection, sterilization,
				and storage of sterile supplies; and cleaning and laundry
				requirements.
B. The facility shall
				provide sterilization equipment adequate to meet the requirements for
				sterilization of critical items. Equipment shall be maintained in accordance
				with the manufacturers' specifications, and operated to perform with accuracy,
				the sterilization of critical items. Live spore testing for the effectiveness
				of sterilization will be performed as defined by facility policy. Devices such
				as steri-gauges or sterilization tape will not be sufficient to assess the
				effectiveness of the sterilizers. The facility shall have a methodology to
				permit the backtracking of equipment use in case a sterilizer or any other
				medical equipment fails.
C. Where
				cleaning, preparation and sterilization functions are performed in the same
				room or unit, soiled or contaminated supplies and equipment shall be physically
				separated from the clean or sterilized supplies and equipment.
D. Each facility shall have policies and
				procedures for the handling, processing, storing and transporting of clean and
				dirty laundry.
E. All special waste
				including blood, body fluids, placentas, sharps and biological indicators,
				shall be disposed of in accordance with OSHA and the New Mexico environment
				department standards for bio hazardous waste.
F. Each facility shall have written policies
				and procedures on terminal cleaning of birthing rooms to ensure infection
				control and client safety.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.34 - EMERGENCY MEDICAL SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
All freestanding birth centers shall have a written policy
				  regarding emergency transfer for clients or newborns including emergency
				  response personnel and accepting hospital facility which shall be followed in
				  the event of an emergency.
A. Each
				facility must maintain and have easily accessible an emergency response cart(s)
				or emergency response tray(s) to provide emergency lifesaving procedures for an
				adult and newborn and comply with the following:
(1) emergency response carts or trays shall
				be supplied with the drugs and biologicals commonly used in life saving
				procedures, along with supplies and equipment determined by the clinical
				director of the facility;
(2) each
				emergency response cart or tray shall have lists of equipment and supplies to
				be maintained and ready and for use as an inventory guide;
(3) emergency response carts or trays must be
				replenished as supplies or equipment are used;
(4) emergency response carts or trays shall
				be checked on a monthly basis for completeness and a log maintained with date
				and by whom the check was made; and
(5) all clinical staff must know the location
				of and be trained in the use of the emergency response.