reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 4 - VACCINE PURCHASING FUND › Section 7.5.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Advisory
				committee on immunization practices"
means the group of medical and
				public health experts that develops recommendations on how to use vaccines to
				control diseases in the United States, established under Section 222 of the
				federal Public Health Service Act.
B.
"Department"
means the
				department of health.
C.
"Fund"
means the vaccine purchasing fund.
D.
"Group health plan"
means an
				employee welfare benefit plan to the extent that the plan provides medical care
				to employees or their dependents under the Employee Retirement Income Security
				Act of 1974 directly or through insurance, reimbursement or other
				means.
E.
"Health insurance
				coverage"
means benefits consisting of medical care provided directly or
				through insurance or reimbursement or other means under any hospital or medical
				service policy or certificate, hospital or medical service plan contract, or
				health maintenance organization contract offered by a health insurance
				issuer.
F.
"Health
				insurer"
means any entity subject to regulation by the office of the
				superintendent of insurance that:
(1) provides
				or is authorized to provide health insurance or health benefit plans;
(2) administers health insurance or health
				benefit coverage; or
(3) otherwise
				provides a plan of health insurance or health benefits.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 4 - VACCINE PURCHASING FUND › Section 7.5.4.8 - DUTIES OF THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall:
A. purchase vaccines for children in New
				Mexico, including children eligible for the vaccines for children program and
				insured children;
B. invoice each
				health insurer and group health plan to reimburse the department for the cost
				of vaccines provided directly or indirectly by the department to such health
				insurer's or group health plan's insured children;
C. maintain a list of registered providers
				who receive vaccines for insured children that are purchased by the state and
				provide such list to each health insurer and group health plan with every
				invoice;
D. report the failure of a
				health insurer to reimburse the department within 30 days of the date of the
				invoice to the office of the superintendent in order for the office of the
				superintendent to pursue the proper sanctions or monetary penalties pursuant to
				their rules and the Vaccine Purchasing Act;
E. report the failure of a health insurer or
				group health plan to reimburse the department within 30 days of the date of the
				invoice to the office of the attorney general for collection of the invoice
				amount, including a civil penalty of five hundred dollars ($500) for each day
				from the date the payment is due;
F. credit all receipts collected from health
				insurers and group health plans pursuant to the Vaccine Purchasing Act to the
				fund;
G. no later than July 1,
				2015, and July 1 of each year thereafter, the department shall estimate the
				amount to be expended annually by the department to purchase, store and
				distribute vaccines recommended by the advisory committee on immunization
				practices to all insured children in the state, including a reserve of 10% of
				the amount estimated; and
H.no
				later than September 1, 2015, and each quarter thereafter, the department shall
				invoice each health insurer and each group health plan for one-fourth of its
				proportionate share of the estimated annual amount and reserve calculated
				pursuant to Subsection E of 7.5.4.10 NMAC.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 4 - VACCINE PURCHASING FUND › Section 7.5.4.9 - PROVIDER PROHIBITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
To avoid duplication of payment, any providers who administer
				  vaccines are prohibited from billing health insurers and group health plans for
				  the cost of any vaccine which was provided to them by the
				  department.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 4 - VACCINE PURCHASING FUND › Section 7.5.4.11 - AUTHORIZED USES OF THE VACCINE PURCHASING FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. Money in the fund shall be expended only
				for the purposes specified in the Vaccine Purchasing Act, by warrant issued by
				the secretary of finance and administration pursuant to vouchers approved by
				the secretary of health.
B. The
				fund shall be audited in the same manner as other state funds are audited, and
				all records of payments made from the fund shall be open to the
				public.
C.Any balance remaining in
				the fund shall not revert or be transferred to any other fund at the end of a
				fiscal year.
D. Money in the fund
				shall be invested by the state investment officer in accordance with the
				limitations in Article 12 Section 7 of the constitution of New Mexico. Income
				from investment of the fund shall be credited to the fund.
E. The fund shall be used for the purchase,
				storage, and distribution of vaccines, as recommended by the advisory committee
				on immunization practices, for insured children who are not eligible for the
				vaccines for children program.
F.
				The department may update its estimated amount to be expended annually and its
				reserve to take into account increases or decreases in the cost of vaccines or
				the costs of additional vaccines that the department determines should be
				included in the statewide vaccine purchasing program and adjust the amount
				invoiced to each health insurer and group health plan the following
				quarter.
G. The department shall
				credit any balance remaining in the fund at the end of the fiscal year toward
				the department's purchase of vaccines the following year; provided that the
				department maintains a reserve of 10% of the amount estimated to be expended in
				the following year.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 4 - VACCINE PURCHASING FUND › Section 7.5.4.12 - UNAUTHORIZED USES OF THE VACCINE PURCHASING FUND

Current through Register Vol. 35, No. 13, July 16, 2024
The fund shall not be used:
A. for the purchase, storage, and
				distribution of vaccines for children who are eligible for the vaccines for
				children program;
B. for
				administrative expenses associated with the statewide vaccine purchasing
				program; or
C. to pass through a
				federally negotiated discount pursuant to
				42 U.S.C.
				1396 s.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 4 - VACCINE PURCHASING FUND › Section 7.5.4.14 - RIGHT TO AN INFORMAL HEARING OR ADMINISTRATIVE REVIEW WITH THE OFFICE OF THE SUPERINTENDENT AND THE RIGHT TO APPEAL; PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A health insurer aggrieved pursuant to the
				Vaccine Purchasing Act may request an informal hearing or an administrative
				review with the office of the superintendent pursuant to their rules. The
				health insurer shall notify the immunization program manager if they are
				pursuing an informal hearing or administrative review with the office of the
				superintendent via email at vpa.fund@ state.nm.us.
B. A health insurer aggrieved pursuant to the
				Vaccine Purchasing Act may appeal from an order of the superintendent made
				after an informal hearing or an administrative hearing pursuant to Section
				59A-4-20, NMSA 1978. The appeal from the office of the superintendent's order
				shall be taken to the district court pursuant to the provisions of Section
				39-3-1.1
				NMSA 1978.
C. A health insurer or
				group health plan that fails to file a report pursuant to Subsections B and C
				of 7.5.4.10 NMAC shall pay a late fling fee of five hundred dollars ($500) per
				day for each day from the date the report was due.
D. The office of superintendent may require a
				health insurer or group health plan subject to the Vaccine Purchasing Act to
				produce records that were used to prepare the report required under Subsections
				B and C of 7.5.4.10 NMAC. If the office of superintendent determines that there
				is other than a good faith discrepancy between the number of insured children
				reported and the number of insured children that should have been reported, the
				health insurer or group health plan shall pay a civil penalty of five hundred
				dollars ($500) for each report fled for which the office of superintendent
				determines there is such a discrepancy.
E. Failure of a health insurer or group
				health plan to make timely payment of an amount invoiced pursuant to the
				Vaccine Purchasing Act and this rule shall subject the health insurer or group
				health plan to a civil penalty of five hundred dollars ($500) for each day from
				the date the payment is due.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations govern the use of the New Mexico statewide
				  immunization registry, a computerized repository of immunization information
				  maintained by the New Mexico department of health.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements set forth herein are promulgated by the
				  secretary of the department of health pursuant to the authority granted under
				  Subsection E of Section
				  9-7-6
				  NMSA 1978, Sections
				  24-5-7
				  through
				  24-5-15 NMSA
				  1978, Subsection R of Section
				  24-1-3
				  NMSA 1978, and Section
				  24-1-21
				  NMSA.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 30, 2018, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to describe implementation and
				  maintenance, submission, reporting, participation, and limits on access to the
				  registry portion of the New Mexico immunization program.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Authorized user"
means a person to whom the division has provided
				account credentials authorizing that person to access to the
				registry.
B.
"CDC"
means centers for disease control and prevention, the federal agency
				responsible for monitoring and protecting the United States of America from
				health, safety, and security threats related to diseases.
C.
"Data elements"
means the
				information required to be entered into the registry by providers as specified
				in these regulations or by official division publication.
D.
"Department"
means the
				department of health.
E.
"Division"
means the department of health, public health
				division.
F.
"Government
				issued identification"
means a legible, current credentialing document
				issued by a local, state or federal government entity that includes a
				photo.
G.
"Health information
				exchange"
means an arrangement that allows the sharing of health care
				information about individual patients among different health care institutions
				or unaffiliated providers.
H.
"Immunization"
means treatment of an individual with either a
				vaccine licensed by the U.S. food and drug administration for immunization and
				distribution in the United States, or an immune globulin product licensed by
				the U.S. food and drug administration and used for the purposes of producing or
				enhancing an immune response.
I.
"NDC"
means National Drug Code.
J.
"NMDOH"
means the New Mexico
				department of health.
K.
"NMSIIS"
means the New Mexico statewide immunization information
				system.
L.
"Provider"
means an individual or organization required to submit information to the
				registry pursuant to Section
				24-5-8 NMSA
				1978 including physicians, nurses, pharmacists, nurse practitioners,
				physician's assistants and other health care providers authorized by the
				division.
M.
"Patient"
means any person offered an immunization.
N.
"Registry"
means the New
				Mexico statewide immunization information system (NMSIIS), a computerized
				repository of immunization information maintained by the New Mexico department
				of health.
O.
"Vaccines for
				children program" or "VFC"
means the program operated by the division
				that provides federally funded vaccines to children ages 0-18 years who are
				uninsured, on medicaid, or are Alaska Native/American Indian.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.8 - IMPLEMENTATION AND MAINTENANCE OF THE REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
The department is responsible for establishing guidelines as
				  necessary regarding the implementation and maintenance of the
				  registry.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.9 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Providers shall report all data elements to the registry for all immunizations
				they administer to a patient unless the patient or the patient's parent or
				guardian informs the provider that the patient declines to participate in the
				registry or does not wish to include a particular immunization in the
				registry.
B. Providers shall report
				all data elements to the registry within 10 days of administering an
				immunization. A provider may request an extension of 20 days from the division
				for large immunization events. Permission for extensions for these events are
				at the discretion of the division and providers must obtain
				pre-approval.
C. The following are
				the minimum data elements that must be reported to the registry:
(1) Vaccination information, including:
(a) name of vaccine;
(b) manufacturer of vaccine;
(c) lot/serial number of vaccine;
(d) funding source of vaccine;
(e) expiration date of vaccine;
(f) NDC number of vaccine;
(g)date of administration of
				vaccine;
(h) dosage administered to
				patient;
(i) body site and route of
				administration.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.10 - SUBMISSION OF REPORTS OF IMMUNIZATION TO THE REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
A. All data elements shall be reported to the
				registry in a manner and format approved by the division.
B. Direct reporting:
(1) Authorized users may directly review and
				submit data elements electronically through the registry website interface
				using individual account credentials assigned by the division.
(2) Each user may only use their individual
				account credentials assigned to the authorized user.
(3) Authorized user account credentials may
				not be shared.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.11 - PROCEDURES TO DECLINE PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				 At the time an immunization is offered or administered, if a
				patient, or a minor's parent or legal guardian notifies the provider that s/he
				chooses to decline participation in the registry or does not wish to have a
				specific immunization recorded in the registry, the provider shall document the
				patient's decision to opt-out as follows
(1)
				The provider shall document the patient's opt-out decision using a form
				provided by the division, or the provider's own form provided the same
				information as the division's form is included.
(2) The provider will store all opt-out
				documentation in an accessible, orderly system so that in the event of a public
				health emergency, the department can review the opt-out data to inform
				emergency responses.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.12 - PROCEDURES FOR REVIEWING AND CORRECTING PATIENT RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. At the time an immunization is offered,
				the provider shall notify the patient of the procedures to review and correct
				information contained in the registry.
B. A patient, or a minor patient's parent or
				guardian, who wishes to review the patient's registry immunization record may
				request a copy from the patient's provider or from a department public health
				office, or through a department-approved online portal.
C. If a patient requests to correct any
				information in the registry, the patient shall submit a written request to the
				division, the NMDOH Helpdesk, to a department public health office, or to the
				patient's provider. The request shall identify the patient and the information
				to be corrected.
D. All requests
				for corrections must be accompanied by a copy of patient identification. If a
				patient is a minor, the request must be accompanied by a certified copy of the
				patient's birth certificate and a copy of identification for the submitter or
				the parent/guardian of the requesting patient. If the requester is a non-parent
				legal guardian, the guardian must also submit a copy of the guardian's legal
				appointment of guardianship.
E. If
				a patient requests to change the registry's record of the patient's date of
				birth, the patient must present a birth certificate or other legal
				documentation to verify the patient's correct date of birth. All such requests
				must be submitted to division staff via the NMDOH Helpdesk. Information on how
				to contact the NMDOH Helpdesk can be found on the NMSIIS webpage
				https://nmsiis.health.state.nm.us/webiznet_nm/Login.aspx .
F. If the department bureau of vital records
				and health statistics provided the date of birth for a patient, the patient's
				date of birth may not be changed except through notification by vital records
				or a court order.
G. Only division
				staff are permitted to change a patient's name or date of birth on a patient
				record.
(1) Appropriate documentation as
				required by this section must be presented to division staff to have the
				patient's name changed, or spelling corrected or changed.
(2) If a court order for adoption requires a
				name change, the request for change must be submitted to division staff via the
				NMDOH helpdesk and must include copies of the patient's legal documentation
				supporting the request.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.13 - PROCEDURES TO WITHDRAW CONSENT AND REMOVE INFORMATION FROM REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
A. To remove a
				record from NMSIIS, a patient must submit by mail or hand delivery to the
				department a completed decision to remove NMSIIS record form. The decision to
				remove form can be obtained from a provider or printed from the department
				website at https://nmhealth.org/about/phd/idb/imp/siis/ .
B. The patient's request to remove
				information must be accompanied by a copy of patient identification. If the
				patient is a minor, the request must be accompanied by a copy of the patient's
				birth certificate and a copy of identification for the submitter or
				parent/guardian of the patient. If the requester is a guardian, a copy of the
				legal appointment of guardianship will be required.
C. Upon receipt of the request, or upon
				receipt of any requested additional information, the division shall delete the
				patient's record from the registry. The division shall notify the patient when
				the record is deleted.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.14 - LIMITS ON ACCESS TO THE REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Access to the information in the registry shall be limited to primary care
				physicians, nurses, pharmacists, managed care organizations, school nurses, and
				other appropriate health care providers including nurse practitioners and
				physician assistants, or public health entities as designated by the secretary
				of health. A managed care organization may only access information for its
				enrollees.
B. Requests for access
				to the registry shall be made by a provider in writing to the division and
				access shall be determined by the division.
C. No person or automated system may access
				or attempt to access the registry without approval from the division.
D. At the division's discretion, access may
				be modified.
E. A patient, or a
				patient's parent or guardian if the patient is under the age of 18, may access
				the patient's records.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.15 - COMPLAINT INVESTIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If
				the division receives a complaint or otherwise learns of noncompliance of a
				provider relating to these rules, an investigation will be initiated.
B. Upon completion of the investigation, the
				division will issue an investigative report substantiating or not
				substantiating the alleged noncompliance.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.16 - SANCTIONS AND NONCOMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				provider is in noncompliance if they fail to follow any of these
				regulations.
B. If noncompliance is
				substantiated, the department will issue the provider a written report of
				deficiencies which shall include a plan of correction.
(1) The provider must correct any
				deficiencies identified in the department's plan of correction within a fixed
				period of time.
(2) The period of
				time for a provider to correct deficiencies will be reasonably determined by
				the division and be based on the circumstances of the noncompliance. The time
				period will be specified in the plan of correction.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.17 - ADMINISTRATIVE REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a
				provider wishes to appeal the issuance of a civil monetary penalty, the
				provider must submit a written request for an administrative review within 10
				working days from the date of issuance of the civil monetary penalty.
B. An administrative review will be conducted
				by an assigned division bureau chief or designee within 30 days of the request
				for review. Additional time to conduct the administrative review may be granted
				if requested by the provider and good cause is shown.
(1) The provider may request a paper
				administrative review, limited to records and a written appeal, or may appear
				in person or through an advocate of the provider's choice and present evidence
				to refute the results of the investigation and the reason for the issuance of
				the civil monetary penalty during an administrative review.
(2) The assigned bureau chief or designee
				will complete their review and either overturn, modify, or uphold the civil
				monetary penalty in a written decision within 10 days of the completion of the
				administrative review.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 6 - FOOD HANDLING › Part 2 - FOOD SERVICE AND FOOD PROCESSING › Section 7.6.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  74-1-8
				  NMSA 1978 directs the environmental improvement board to promulgate regulations
				  and standards for food protection. Section
				  74-1-9
				  NMSA 1978 directs the procedures for adoption. Section
				  25-1-4
				  delineates requirements of food service establishments to prepare and serve
				  food in a manner safe for human consumption, free from adulteration, spoilage,
				  contamination and unwholesomeness. Section
				  25-1-7
				  NMSA 1978 authorizes the department of environment to execute any provisions of
				  the Food Service Sanitation Act (Chapter 25, Article 1 NMSA
				  1978).
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 6 - FOOD HANDLING › Part 2 - FOOD SERVICE AND FOOD PROCESSING › Section 7.6.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to protect the public
				  health by establishing standards and provisions for the safe operation of food
				  establishments and food processing plants to assure that consumers are not
				  exposed to adverse environmental health conditions.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 6 - FOOD HANDLING › Part 2 - FOOD SERVICE AND FOOD PROCESSING › Section 7.6.2.8 - FOOD ESTABLISHMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Adoption of food code. Except as otherwise
				provided, the 2017 United States food and drug administration model food code
				and the supplement to the 2017 food code are hereby adopted and incorporated in
				their entirety.
B. Modifications to
				food code. Except as otherwise provided, the following modifications are made
				to the incorporated food code.
(1) 2-102.12
				Certified food protection manager.
(a) At
				least one employee per food establishment that has supervisory and management
				responsibility and the authority to direct and control food preparation and
				service shall be a certified food protection manager who has shown proficiency
				of required information through passing a test that is part of an accredited
				program.
(b) This section applies
				to food establishments, temporary food establishments, and mobile food
				establishments.
(c) This section
				does not apply to certain types of food establishments deemed by the regulatory
				authority to pose minimal risk of causing, or contributing to, foodborne
				illness based on the nature of the operation and extent of food
				preparation.
(d) A single certified
				food protection manager may be responsible for more than a single food
				establishment, provided that a variance is approved by the regulatory authority
				as specified in Paragraph (12) of Subsection B of
				7.6.2.8
				NMAC and Section 8-103.11 of the food code.
(e) The effective date of Paragraph (1) of
				Subsection B of
				7.6.2.8
				NMAC shall be three months from the effective date of
				7.6.2.8
				NMAC.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 6 - FOOD HANDLING › Part 2 - FOOD SERVICE AND FOOD PROCESSING › Section 7.6.2.9 - MOBILE FOOD ESTABLISHMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to meeting the applicable
				requirements of 7.2.6.8 NMAC, with the exception of Section 5-203.12 of the
				food code, mobile food establishments shall comply with the requirements
				specified in this section.
B. The
				regulatory authority may impose additional requirements for mobile food
				establishments as specified in Section 8-102.10 of the food code. Additional
				requirements may include, but are not limited to:
(1) limiting or restricting the number and
				type of food items to be prepared and served;
(2) limiting or restricting preparation
				steps;
(3) limiting or restricting
				hours of operation, or hours of operation before returning to a servicing area;
				or
(4) requiring a servicing area
				or mobile support unit.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 6 - FOOD HANDLING › Part 2 - FOOD SERVICE AND FOOD PROCESSING › Section 7.6.2.10 - TEMPORARY FOOD ESTABLISHMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to meeting the applicable
				requirements of
				7.6.2.8
				NMAC, with the exception of Section 5-203.12 of the food code, temporary food
				establishments shall comply with the requirements specified in this
				section.
B. The regulatory
				authority may impose additional requirements for temporary food establishments
				as specified in Section 8-102.10 of the food code. Requirements may include,
				but are not limited to:
(1) require food
				safety training for employees prior to issuing a permit;
(2) restrict the number and type of food
				items to be prepared and served;
(3) restrict preparation steps;
(4) restrict hours of operation; or
(5) require a servicing area for advanced
				preparation of food.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 6 - FOOD HANDLING › Part 2 - FOOD SERVICE AND FOOD PROCESSING › Section 7.6.2.11 - GENERAL FOOD PROCESSING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Food processing plant permit requirements.
(1) All food processing plants shall comply
				with all applicable provisions of
				7.6.2.8
				NMAC.
(2) No person shall operate a
				food processing plant without a permit issued by the regulatory
				authority.
(3) When a food
				establishment has an adjunct/additional food processing plant, each such
				business may be permitted separately.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 6 - FOOD HANDLING › Part 2 - FOOD SERVICE AND FOOD PROCESSING › Section 7.6.2.12 - JERKY MANUFACTURED FOOD REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to complying with the
				requirements specified in
				7.6.2.11
				NMAC, food processing plants that produce jerky shall comply with the
				requirements specified in this section.
B. Food processing plants that produce jerky
				shall have the appropriate approved equipment to measure and monitor food
				safety factors related to the production of jerky.
C. Cooking. The following parameters shall be
				achieved in a sealed oven, for a minimum of one hour, and no less than fifty
				percent of the cooking time, during the jerky cooking process:
(1) a minimum internal temperature of 145
				degrees fahrenheit for four minutes for meat and 165 degrees fahrenheit
				instantaneous for poultry; and
(2)
				maintain a steady or increasing relative humidity level throughout the cooking
				process.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 6 - FOOD HANDLING › Part 2 - FOOD SERVICE AND FOOD PROCESSING › Section 7.6.2.13 - BOTTLED DRINKING WATER MANUFACTURED FOOD REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to meeting the requirements
				specified in
				7.6.2.11
				NMAC, food processing plants that produce bottled drinking water shall comply
				with the requirements specified in this section.
B. Bottled drinking water processing
				operational requirements and standards.
(1)
				The bottled drinking water plant shall follow generally accepted good
				manufacturing practice such as contained in 21 CFR Part 129 or the
				international bottled water association bottled water code of
				practice.
(2) Bottled drinking
				water which is bottled through lines or equipment used for food or milk
				products shall demonstrate (assure) that the cleaning process prevents
				adulteration of the bottled water. Bottled drinking water shall not be
				transported or stored in bulk tanks used for any non-food product, nor
				processed or bottled through equipment or lines used for any non-food
				product.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 6 - FOOD HANDLING › Part 2 - FOOD SERVICE AND FOOD PROCESSING › Section 7.6.2.14 - SHELLFISH REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Adoption of national shellfish sanitation program (NSSP)
				  guide for control of molluscan shellfish. Except as otherwise provided, the
				  2017 NSSP guide for control of molluscan shellfish is hereby adopted and
				  incorporated in its entirety.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 6 - FOOD HANDLING › Part 2 - FOOD SERVICE AND FOOD PROCESSING › Section 7.6.2.15 - HOME-BASED FOOD PROCESSING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Plan
				review, permitting, inspection, and training requirements.
(1) No person shall operate a home-based food
				processing operation without a permit.
(2) In addition to meeting the applicable
				requirements of
				7.6.2.8
				NMAC and
				7.6.2.11
				NMAC, home-based food processing operations shall comply with the requirements
				specified in this section.
(3)
				Home-based food processing operations shall meet the requirements of Paragraph
				(1) of Subsection D of
				7.6.2.8
				NMAC and Part 2-1 of the food code.
(4) The permit issued shall be displayed at
				the home-based food processing operation. A copy of the permit shall be
				displayed at places at which the operator sells food at times when the operator
				is selling the home-based processed foods.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 6 - FOOD HANDLING › Part 2 - FOOD SERVICE AND FOOD PROCESSING › Section 7.6.2.16 - CATERING FOOD ESTABLISHMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				addition to complying with the requirements specified in
				7.6.2.8
				NMAC food establishments that cater shall comply with the requirements
				specified in the section.
B.
				Catering food establishments shall:
(1)
				operate from a permitted food establishment or servicing area,
(2) be permitted and operated separately from
				other permitted food establishments or servicing areas,
(3) upon request by the regulatory authority,
				provide a schedule of events to be catered, and
(4) supply a handwashing sink and adequate
				supply of liquid soap and single use paper towels as specified in Paragraph (4)
				and (5) of Subsection D of
				7.6.2.10
				NMAC when the catering activity includes preparation, delivery, and/or display,
				service, and restocking of food that is not packaged.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 7 - HOSPITALS › Part 4 - BOARD OF TRUSTEES OF MINERS' COLFAX MEDICAL CENTER › Section 7.7.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Miners' Colfax medical center (hereinafter medical center")
				  is the miners' hospital for the state of New Mexico, deriving its legal status
				  and authority from the Enabling Act for New Mexico SS 7 and 12, the
				  Constitution of the state of New Mexico, art. XIV, SS 1, 2 and 3, and
				  23-3-1,
				  et seq. NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 7 - HOSPITALS › Part 4 - BOARD OF TRUSTEES OF MINERS' COLFAX MEDICAL CENTER › Section 7.7.4.6 - OBJECTIVE: PURPOSE OF THE MINER'S HOSPITAL

Current through Register Vol. 35, No. 13, July 16, 2024
The miners' hospital is a general hospital and is intended
				  and meant to be for the free treatment and care of resident miners of the state
				  of New Mexico who may become sick or injured in the line of their occupation.
				  The board of trustees may make provision for charges to miners with sufficient
				  means to pay for their care. The medical center also provides health care
				  services for non-miners and miners who do not meet the statutory requirements
				  for free treatment in a manner consistent with trust
				  requirements.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 7 - HOSPITALS › Part 4 - BOARD OF TRUSTEES OF MINERS' COLFAX MEDICAL CENTER › Section 7.7.4.9 - REGULAR AND SPECIAL MEETINGS OF THE BOARD OF TRUSTEES

Current through Register Vol. 35, No. 13, July 16, 2024
The board of trustees shall hold regular meetings at such
				  times and places as set by the board of trustees, with such meetings to occur
				  not less than 8 times per year. Special meetings of the board of trustees may
				  be called by the chair or upon the request of any two members of the board. A
				  quorum shall consist of three members. Meetings shall be open to the public in
				  accordance with the Open Meetings Act,
				  10-15-1,
				  et seq. NMSA 1978, as amended. The board shall resolve annually, at the first
				  regularly-scheduled meeting of each new year, the procedure for providing
				  reasonable notice of meetings pursuant to 10-15-1(C), supra. The resolution
				  shall state the number of days in advance that notice shall precede a regular,
				  special or emergency meeting and how such notice will be given. Meetings of the
				  board of trustees shall be regularly attended.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 7 - HOSPITALS › Part 4 - BOARD OF TRUSTEES OF MINERS' COLFAX MEDICAL CENTER › Section 7.7.4.10 - OFFICERS OF THE BOARD OF TRUSTEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The officers of the board of trustees
				shall be a chair, a vice-chair and a secretary-treasurer, all of whom shall be
				elected by a majority vote at a regular board meeting. Elections shall be
				conducted at an annual meeting to the held during the month of July, unless
				necessitated by vacancies on the board. Should the term of appointment for a
				member-officer expire and a new member be appointed; should a member-officer
				resign his position as board member by tendering his resignation; or should a
				member-officer be removed from office on the board, the board shall conduct an
				election to fill the office of such member-officer for the remaining term of
				his or her office.
B. The chair
				shall call and preside at all meetings. The chair may approve the meeting
				agenda in consultation with the chief executive officer of the medical center
				and shall be available for consultation with the chief executive officer on
				request. The vice-chair shall act as chair in the absence of the chair and,
				when so acting, shall have all the powers and authority of such office. The
				secretary-treasurer shall act as chair in the absence of both the chair and
				vice-chair and, when so acting, shall have all the powers and authority of such
				office. The chair shall have such additional powers and duties as may be
				prescribed elsewhere in the by-laws or established by resolution or policy of
				the board. The secretary-treasurer shall act as custodian of all records and
				reports of the board of trustees and shall be responsible for the keeping and
				reporting of adequate records of all transactions and the minutes of all
				meetings of the board of trustees.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 7 - HOSPITALS › Part 4 - BOARD OF TRUSTEES OF MINERS' COLFAX MEDICAL CENTER › Section 7.7.4.13 - MEDICAL STAFF

Current through Register Vol. 35, No. 13, July 16, 2024
A. Appointment:
				Ultimate responsibility for medical staff appointments rests with the board of
				trustees. Medical staff membership shall be limited, unless otherwise provided
				by law, to individuals who are currently licensed to practice medicine,
				osteopathy, and dentistry. These individuals may be appointed to the medical
				staff in accordance with the by-laws of the medical staff, and pursuant to the
				following criteria:
(1) Appointment to the
				medical staff is a privilege which shall be extended only to professionally
				competent individuals who continuously meet the qualifications, standards, and
				requirements set forth in these By-laws and in the policies adopted by the
				board. All individuals practicing medicine and oral surgery in the medical
				center, unless by specific provisions of these by-laws, must first have been
				appointed to the medical staff.
(2)
				Only physicians and oral surgeons who:
(a) are
				currently licensed to practice in this state;
(b) are located close enough to provide
				timely care for their patients;
(c)
				possess current, valid professional liability insurance coverage in amounts
				specified in Subsection B [now Subsection B or 7.7.4.13 NMAC] of this
				Article;
(d) are certified by the
				appropriate specialty board, unless such requirement is waived by the board
				after considering the special competence and experience of the applicant,
				and
(e) can document their
				background, experience, training and demonstrated competence, their adherence
				to the ethics of their profession, their good reputation and character and
				their ability to work harmoniously with others sufficiently so that all
				patients treated by them shall receive quality care and that the hospital and
				the medical staff will be able to operate in an orderly manner, shall be
				qualified for appointment to the medical staff. The word "character" is
				intended to include the applicant's mental and emotional stability.
(3) No individual shall be
				entitled to appointment to the medical staff or to the exercise of particular
				clinical privileges in the Medical Center merely by virtue of the fact that:
(a) he or she is licensed to practice any
				profession in this or any other state;
(b) he or she is a member of any particular
				professional organization; or
(c)
				he or she had in the past, or currently has, medical staff appointment or
				privileges in another hospital.
(4) No individual shall be denied appointment
				on the basis of age, sex, race, creed, color or national origin.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 7 - HOSPITALS › Part 4 - BOARD OF TRUSTEES OF MINERS' COLFAX MEDICAL CENTER › Section 7.7.4.14 - VOLUNTEER AUXILIARY

Current through Register Vol. 35, No. 13, July 16, 2024
The board may authorize an auxiliary comprised of
				  community-minded volunteers who are interested in serving patients and
				  furthering the purpose of the medical center. Such auxiliary shall be organized
				  in responsible administrative units with elected officers and shall adopt
				  by-laws and/or rules and regulations for the governance of their conduct and
				  service within the medical center, subject to prior approval by the board of
				  trustees.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 7 - HOSPITALS › Part 4 - BOARD OF TRUSTEES OF MINERS' COLFAX MEDICAL CENTER › Section 7.7.4.15 - AMENDMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The board acting through the committee-of-the-whole shall
				  review these by-laws on a continuing basis and at least once per year prior to
				  the annual meeting and may amend them by an affirmative vote of a majority of
				  the members of the board of trustees, provided that all members shall possess a
				  full statement of such proposed amendments prior to the meeting where amendment
				  of the by-laws is discussed or effected.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 7 - HOSPITALS › Part 4 - BOARD OF TRUSTEES OF MINERS' COLFAX MEDICAL CENTER › Section 7.7.4.16

Current through Register Vol. 35, No. 13, July 16, 2024
Adopted and approved this eighth day of December, 1990, by
				  the board of trustees of Miners' Colfax Medical center.
A. Charles B. Gonzales, Chairman
B. James Mayer, M.D., Vice Chairman
C. Filed with State Records Center
				on
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All Children's Crisis Shelters, Multi Service Homes,
				  Community Homes, and New or Innovative programs that provide children's
				  services as specified in these regulations. Community Homes licensed under
				  these regulations are subject only to Sections 7.8.3.1 through 7.8.3.5;
				  Sections 7.8.3.7 through 7.8.3.9; Sections 7.8.3.11 through 7.8.3.24; and
				  Sections 7.8.3.82 through 7.8.3.127 of these regulations. Community Homes are
				  exempt from all references to the word 'welfare' in these regulations.
A. These regulations apply to the following:
(1) Public or private, profit or nonprofit
				residential facilities providing services as outlined by these
				regulations.
(2) Any facility
				providing services as outlined by these regulations which by State or federal
				law or regulation must be licensed by the State of New Mexico.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  24-1-3,
				  24-1-5
				  and
				  9-7-6
				  NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Establish
				minimum standards for licensing of residential facilities that provide services
				in order to promote the health, safety and welfare of children in need of such
				services.
B. Provide for monitoring
				of facility compliance with these regulations through surveys to identify any
				factors that could affect the health, safety, and welfare of the clients or the
				staff.
C. Assure that the
				agency/facility establishes and follows written policies and procedures which
				specify how this is met.
D. To
				assure that adequate supervision must be provided at all times. Failure to
				provide a child with the care, supervision and services outlined in these
				regulations is a violation of these regulations which could result in
				suspension, revocation or denial of license.