reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 9 - INACTIVE STATUS › Section 16.13.9.8 - REQUIREMENTS FOR INACTIVE STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A licensee whose license is in good standing with the Board
				  may request his/her license be placed on inactive status by meeting the
				  following requirements:
A. Complete,
				sign, and return the renewal application form with a written request to be
				placed on inactive status.
B.
				Submit verifications for the required number of continuing education
				hours;
C. Remit the required
				inactive status fee (See Subsection H of 16.13.2.8 NMAC); and
D. Return the application postmarked on or
				before the license expiration date.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 9 - INACTIVE STATUS › Section 16.13.9.9 - INACTIVE STATUS NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of a duly and properly made application for
				  inactive status, the Board or its designee will review and approve the
				  application and send the licensee written verification that the license has
				  been placed on inactive status.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 9 - INACTIVE STATUS › Section 16.13.9.10 - INACTIVE STATUS REPEATED

Current through Register Vol. 35, No. 13, July 16, 2024
The inactive status fee will be charged each time inactive
				  status is requested following reactivation of the license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 9 - INACTIVE STATUS › Section 16.13.9.11 - PRACTICE PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
The licensee shall not practice nursing home administration
				  or hold a nursing home administrator position until the inactive status license
				  has been reactivated.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 9 - INACTIVE STATUS › Section 16.13.9.12 - TIME LIMITATION ON INACTIVE STATUS LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
Licenses on inactive status which are not reactivated within
				  five (5) years from the date the inactive status was initiated, shall
				  lapse.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 10 - EXPIRED LICENSE › Section 16.13.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 10 of Chapter 13 is promulgated pursuant to the Nursing
				  Home Administrators Act, NMSA 1978 Sections 16-13-6.B (5),
				  61-13-9.B,
				  and
				  61-13-12
				  (1993 Repl. Pamp.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 10 - EXPIRED LICENSE › Section 16.13.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 10 of Chapter 13 is to establish the
				  policies, rules, and regulations regarding the expiration of a nursing home
				  administrators license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 10 - EXPIRED LICENSE › Section 16.13.10.9 - LATE PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
License renewal applications received after the last day of
				  the renewal month must be accompanied by a late penalty fee in addition to the
				  renewal fee as set forth in Subsections G. and J. of
				  16.13.2.8
				  NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 10 - EXPIRED LICENSE › Section 16.13.10.10 - FAILURE TO MEET CONTINUING EDUCATION REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A license shall expire and become invalid if the licensee
				  fails to meet the continuing education requirement for renewal before the
				  license expiration deadline.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 10 - EXPIRED LICENSE › Section 16.13.10.12 - PRACTICE PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
The expired status licensee is prohibited from practicing
				  nursing home administration or holding a nursing home administrator position
				  until the expired license has been reactivated.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 10 - EXPIRED LICENSE › Section 16.13.10.13 - TIME LIMITATION ON EXPIRED STATUS LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
Expired licenses that are not reactivated within two (2)
				  years from the expiration date shall lapse.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 11 - LAPSED LICENSE › Section 16.13.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in Part 11 of Chapter 13 apply to licenses
				  that have been on inactive or expired status beyond the time limitations for
				  reactivation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 11 - LAPSED LICENSE › Section 16.13.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 11 of Chapter 13 is promulgated pursuant to the Nursing
				  Home Administrators Act, NMSA 1978 Sections
				  61-13-6,
				  61-13-8,
				  61-13-9,
				  61-13-11,
				  61-13-12,
				  and
				  61-13-13
				  (1993 Repl. Pamp.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 11 - LAPSED LICENSE › Section 16.13.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 11 of Chapter 13 is to establish
				  regulations that will allow the Board to qualify and reexamine for minimum
				  competency persons previously licensed by the Board whose licenses have not
				  been active for a period of time, and who wish to be licensed to practice
				  nursing home administration in New Mexico again.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 11 - LAPSED LICENSE › Section 16.13.11.8 - LAPSED STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
Licenses not reactivated from inactive or expired status
				  within the time limitations set forth in
				  16.13.9.12
				  or
				  16.13.10.13
				  NMAC shall lapse.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 11 - LAPSED LICENSE › Section 16.13.11.9 - APPLICATION FOR LICENSURE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
In order to practice nursing home administration in New
				  Mexico, the individual whose license has lapsed must go through the entire
				  application process and meet
all
the licensure requirements in
				  effect at the time of re-application.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 11 - LAPSED LICENSE › Section 16.13.11.10 - APPROVAL FOR RE-LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
After the applicant has met all the requirements for
				  licensure and has been approved by the Board, the Board shall issue the
				  applicant an initial license to practice nursing home administration in New
				  Mexico in accordance with the provisions in 16.13.7 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 11 - LAPSED LICENSE › Section 16.13.11.11 - LICENSE NUMBER

Current through Register Vol. 35, No. 13, July 16, 2024
Upon approval and completion of the application process, the
				  next available license number shall be issued to the re-licensed
				  individual.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 12 - LICENSE REACTIVATION › Section 16.13.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in Part 12 of Chapter 13 apply to persons who
				  have placed their nursing home administrators license on inactive status or to
				  persons whose licenses have expired due to non-renewal and who wish to
				  reactivate their license. The inactive or expired licenses are still within the
				  time limitation during which the license can be reactivated.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 12 - LICENSE REACTIVATION › Section 16.13.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 12 of Chapter 13 is promulgated pursuant to the Nursing
				  Home Administrators Act, NMSA 1978 Section
				  61-13-6.B
				  (1993 Repl. Pamp.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 12 - LICENSE REACTIVATION › Section 16.13.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 12 of Chapter 13 is to establish
				  regulations for reactivation of an inactive or expired nursing home
				  administrators license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 12 - LICENSE REACTIVATION › Section 16.13.12.8 - PREREQUISITE REQUIREMENTS FOR REACTIVATION

Current through Register Vol. 35, No. 13, July 16, 2024
The licensee must meet the following requirements before
				  his/her inactive or expired license will be reactivated:
A. Request from the board a reactivation
				application form or download it from the board's internet website;
B. Complete, sign, and return the
				reactivation application form within the time limitations set forth in
				16.13.9.12
				and
				16.13.10.13
				NMAC.
C. Submit verification of
				twenty-four (24) hours of continuing education completed for each year the
				license was expired; and
D. Remit
				the required fee(s) as set forth in Subsections I and J of
				16.13.2.8
				NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 12 - LICENSE REACTIVATION › Section 16.13.12.9 - REACTIVATION APPROVED

Current through Register Vol. 35, No. 13, July 16, 2024
Upon review and approval of the Reactivation Application, the
				  Board may issue a reactivated license to the licensee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 12 - LICENSE REACTIVATION › Section 16.13.12.10 - PRORATED RENEWAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
In order to get the licensee back onto the regular renewal
				  cycle with all current nursing home administrators licenses expiring on the
				  last day of March of the year, the next renewal period after reactivation may
				  be shorter than twelve months depending upon the month in which the license is
				  reactivated. This may require proration of the renewal fee and the number of
				  continuing education hours required for the next renewal. Continuing education
				  will be prorated at two (2) hours for each month before the next March. (Same
				  calculation method used in
				  16.13.13.9 NMAC
				  and
				  16.13.7.10
				  NMAC).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 12 - LICENSE REACTIVATION › Section 16.13.12.11 - RESUMPTION OF PRACTICE ALLOWED

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of the reactivated license, the licensee may
				  resume the practice of nursing home administration.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 12 - LICENSE REACTIVATION › Section 16.13.12.12 - DISPLAY OF REACTIVATED LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The licensee must display the reactivated license at the
				  facility where he/she is employed in the position of nursing home
				  administrator.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 13 - CONTINUING EDUCATION REQUIREMENT › Section 16.13.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 13 of Chapter 13 is promulgated pursuant to the Nursing
				  Home Administrators Act, NMSA 1978 Sections
				  61-13-6 B
				  and
				  61-13-9.B
				  (1993 Repl. Pamp.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 13 - CONTINUING EDUCATION REQUIREMENT › Section 16.13.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 13 of Chapter 13 is to set forth the
				  continuing education requirements for renewal of a nursing home administrators
				  license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 13 - CONTINUING EDUCATION REQUIREMENT › Section 16.13.13.8 - HOURS REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon
				renewal, reactivation, or reinstatement, a minimum of twenty-four (24) contact
				(60-minute) hours of Board-approved continuing education must be accrued within
				the twelve (12) months immediately preceding the license expiration
				month.
B. Up to six (6) contact
				hours accrued over the required number may be carried over to the next renewal
				period.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 13 - CONTINUING EDUCATION REQUIREMENT › Section 16.13.13.9 - HOURS PRORATED

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Board may prorate the number of continuing education hours required for a
				licensee to renew the license (see 16.13.7.10 and 16.13.12.10 NMAC).
B. A newly licensed individual or a person
				who reactivates his or her license and whose next renewal occurs within less
				than twelve months after the license is issued will be required to earn contact
				hours equivalent to two (2) hours per month for each month the license is
				active from the month the license is issued or reactivated to the renewal
				month.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 13 - CONTINUING EDUCATION REQUIREMENT › Section 16.13.13.10 - COPIES OF CONTINUING EDUCATION VERIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Licensees are responsible for maintaining their own
				  continuing education records and for keeping the verifications of attendance at
				  continuing education activities. The Board will accept copies of continuing
				  education attendance verifications at the time of renewal.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 13 - CONTINUING EDUCATION REQUIREMENT › Section 16.13.13.11 - INDIVIDUAL COURSES RECORDED ON APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The licensee must record each course offering on the
				  continuing education record section of the renewal application form in the
				  manner requested by the Board. Due to space limitations at the Board office,
				  the Board will not retain copies of verifications of continuing education
				  activities once they have been reviewed and approved. The continuing education
				  information recorded on the application form by the licensee is the only
				  permanent record placed in the licensee's file.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 13 - CONTINUING EDUCATION REQUIREMENT › Section 16.13.13.12 - VERIFICATIONS COPIES REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
The continuing education verifications must be attached to
				  the renewal or reactivation form upon renewal.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 13 - CONTINUING EDUCATION REQUIREMENT › Section 16.13.13.13 - CONTINUING EDUCATION AUDIT

Current through Register Vol. 35, No. 13, July 16, 2024
The Board reserves the right to question an individual
				  regarding continuing education submitted.
A. If audited, the licensee must provide a
				statement indicating how a continuing education activity has enhanced the
				licensee's scope of professional development as related to his/her functions as
				a nursing home administrator.
B. If
				the continuing education record is audited and the documents of verification of
				attendance are found to be falsified, incomplete, or if there is a question of
				accuracy, the licensee must submit other verification of attendance and/or
				correct the discrepancies before the last day of the renewal month to avoid the
				license expiring and thereby causing the additional late penalty fee for
				reactivation to be assessed. If the license is not renewed by the end of the
				renewal month, the licensee does not hold a valid license and shall not
				practice or be employed as a nursing home administrator in New Mexico until the
				expired license has been reactivated.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 14 - APPROVED CONTINUING EDUCATION › Section 16.13.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 14 of Chapter 13 is promulgated pursuant to the Nursing
				  Home Administrators Act, NMSA 1978 Section
				  61-13-9.B
				  (1993 Repl. Pamp.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 14 - APPROVED CONTINUING EDUCATION › Section 16.13.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 14 of Chapter 13 is to set forth the
				  philosophy behind the requirement for continuing education for nursing home
				  administrators, and to provide information on the types of continuing education
				  which will be automatically approved by the Board; which types require
				  pre-approval; and the method of calculating hours for continuing education
				  credit.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 14 - APPROVED CONTINUING EDUCATION › Section 16.13.14.8 - CONTINUING EDUCATION PHILOSOPHY

Current through Register Vol. 35, No. 13, July 16, 2024
Continuing education is one of the most important
				  responsibilities of the nursing home administrator and is a life-long process.
				  A diversity of administrative, management, and health-related learning
				  activities is recommended to enhance the administrator's professional skills
				  and development and for the administrator to stay abreast of changing
				  requirements, laws, and trends in the nursing home field. The responsibility
				  for continuing education rests with the individual.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 14 - APPROVED CONTINUING EDUCATION › Section 16.13.14.9 - APPROVED CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
To be acceptable in New Mexico a continuing education
				  activity must have been approved by a recognized approval body which has been
				  approved by the Board, and must enhance the licensee's scope of professional
				  development as related to his/her activities as a nursing home administrator.
				  The participant must receive a certificate of attendance that validates the
				  number of approved continuing education hours awarded.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 14 - APPROVED CONTINUING EDUCATION › Section 16.13.14.10 - RECOGNIZED APPROVAL BODIES

Current through Register Vol. 35, No. 13, July 16, 2024
The Board will recognize continuing education which meets the
				  criteria in 16.13.14.8 and 16.13.14.9NMAC and which has been sponsored or
				  approved by the following sponsors or approval bodies:
A. the New Mexico Nursing Home Administrators
				Board (NMNHAB);
B. the National
				Continuing Education Review Service (NCERS);
C. the New Mexico Health Care Association
				(NMHCA);
D. the New Mexico
				Hospitals and Health Systems Association (NMHHSA);
E. the American College of Health Care
				Administrators (ACHCA);
F. the
				American Association of Homes and Services for the Aging (AAHSA);
G. the Association of University Programs in
				Health Care Administration (AUPHA);
H. the American College of Health Care
				Executives (ACHCE); and
I. other
				State licensing boards for nursing home administrators.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 14 - APPROVED CONTINUING EDUCATION › Section 16.13.14.11 - ACADEMIC CREDIT OR CONTINUING EDUCATION UNITS

Current through Register Vol. 35, No. 13, July 16, 2024
The Board may approve related education taken in an academic
				  setting. The licensee
must
provide
written
justification directly to the Board showing how the continuing education
				  activity enhanced the licensee's scope of professional development as related
				  to the licensee's activities as a nursing home administrator.
A. Academic credit from institutions of
				higher learning;
(1) One (1) academic credit
				is equal to fifteen (15) contact hours.
(2) No more than twenty-four (24) converted academic credit hours
				may be carried over to the next renewal period.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 14 - APPROVED CONTINUING EDUCATION › Section 16.13.14.12 - APPROVAL FOR OTHER CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
The Board has an informal arrangement with the New Mexico
				  Health Care Association (NMHCA) through which NMHCA approves other continuing
				  education for individual licensees. Any continuing education activity which is
				  not covered by
				  16.13.14.10
				  and
				  16.13.14.11
				  NMAC must be submitted to NMHCA for review and approval
before
it
				  can be submitted to the Board toward the licensee's continuing education
				  renewal requirement. NMHCA can be contacted for more information on this
				  approval procedure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 15 - LOST OR STOLEN LICENSE; NAME CHANGE; DUPLICATE LICENSE › Section 16.13.15.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in Part 15 of Chapter 13 apply to
				  licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 15 - LOST OR STOLEN LICENSE; NAME CHANGE; DUPLICATE LICENSE › Section 16.13.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 15 of Chapter 13 is promulgated pursuant to the Nursing
				  Home Administrators Act, NMSA 1978 Section 16-13-6 (1993 Repl.
				  Pamp.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 15 - LOST OR STOLEN LICENSE; NAME CHANGE; DUPLICATE LICENSE › Section 16.13.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 15 of Chapter 13 is to set forth the
				  requirements regarding procedures for reporting a lost or stolen license or a
				  legal name change, and for obtaining a duplicate license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 15 - LOST OR STOLEN LICENSE; NAME CHANGE; DUPLICATE LICENSE › Section 16.13.15.8 - LOST OR STOLEN LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
Licensees must give immediate
written
notification to the Board of a lost or stolen license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 15 - LOST OR STOLEN LICENSE; NAME CHANGE; DUPLICATE LICENSE › Section 16.13.15.9 - NAME CHANGE

Current through Register Vol. 35, No. 13, July 16, 2024
Notification to the Board of a name change must be made in
				  writing and must be accompanied by legal proof of the name change (e.g. copy of
				  marriage certificate, divorce decree, etc.).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 15 - LOST OR STOLEN LICENSE; NAME CHANGE; DUPLICATE LICENSE › Section 16.13.15.10 - DUPLICATE LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A request for a duplicate license must be made in writing and
				  must be accompanied by the required duplicate license fee(s) as specified in
				  Subsections K and L of
				  16.13.2.8
				  NMAC.
A. A request for a duplicate
				license with a legal name change must be accompanied by legal proof of the name
				change.
B. Individuals who do not
				wish to request a duplicate license must continue to use the name as it appears
				in the Board's records in conjunction with his/her NHA professional licensure
				until the requirements for name change have been met.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 17 - DISCIPLINARY PROCEEDINGS › Section 16.13.17.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in Part 17 of Chapter 13 may be of interest to
				  anyone who may wish to file a complaint against a nursing home administrator
				  licensed by the Board. Disciplinary proceedings may be initiated against
				  licensees or applicants.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 17 - DISCIPLINARY PROCEEDINGS › Section 16.13.17.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 17 of Chapter 13 is promulgated pursuant to the Nursing
				  Home Administrators Act, NMSA 1978 Sections
				  61-13-6,
				  61-13-13,
				  61-13-14,
				  and
				  61-13-15
				  (1993 Repl. Pamp.) and the Uniform Licensing Act, NMSA 1978 Sections
				  61-1-1 to
				  61-1-33 (1993
				  Repl. Pamp.); and the Uniform Licensing Act, Section
				  61-1-3.2,
				  NMSA 1978 (2003 Repl. Pamp).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 17 - DISCIPLINARY PROCEEDINGS › Section 16.13.17.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 31, 1995, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 17 - DISCIPLINARY PROCEEDINGS › Section 16.13.17.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 17 of Chapter 13 is to set forth the
				  procedures for filing complaints against licensees and the procedures for the
				  Board to follow in processing complaints.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 17 - DISCIPLINARY PROCEEDINGS › Section 16.13.17.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Complaint"
				means a complaint filed with the board against an applicant for licensure or
				against a licensee.
B.
				"Complainant" means the party who files a complaint against a licensee or
				against an applicant for licensure.
C. "Respondent" means the licensure applicant
				or the licensee who is the subject of the complaint filed with the
				board.
D. "Hearing" means the
				formal process whereby the respondent is afforded the opportunity to be heard
				by the board, or its designated hearing officer, before the board takes action
				which might result in disciplinary action against the respondent's application
				for licensure or his or her license to practice nursing home
				administration.
E. "Violation"
				means a violation of the New Mexico Nursing Home Administrators Act or the
				rules and regulations duly adopted by the board.
F. "Notice of contemplated action or NCA"
				means the administrative process provided for by the Uniform Licensing Act
				whereby the respondent is notified of the board's intent to take action based
				upon the violations of practice charged in the subject complaint, and whereby
				the respondent is afforded the opportunity for a hearing before the
				board.
G. "License revocation"
				means to prohibit the conduct authorized by the license.
H. "License suspension" means to prohibit,
				for a stated period of time, the conduct authorized by the license.
I. "License restricted subject to conditions"
				means to allow the conduct authorized by the license for a stated period of
				time, subject to conditions that are reasonably related to the grounds for
				disciplinary action.
J. "Pre-NCA
				agreement" means an agreement reached between the board and the respondent as
				an option to the formal NCA and hearing administrative hearing
				process.
K. "Mediation agreement"
				means an agreement reached through mediation between the board and the
				respondent as an option to the formal NCA and formal administrative hearing
				process.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 17 - DISCIPLINARY PROCEEDINGS › Section 16.13.17.8 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
The disciplinary process against a board-licensee may be
				  instituted by sworn complaint on a board-approved form by any person, including
				  board members and board staff. Any hearing held pursuant to the complaint shall
				  conform to the provisions of the Uniform Licensing Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 17 - DISCIPLINARY PROCEEDINGS › Section 16.13.17.9 - INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of the sworn complaint against a board-licensee,
				  the board will cause an investigation to be made into the subject complaint by
				  the board's standards of practice committee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 17 - DISCIPLINARY PROCEEDINGS › Section 16.13.17.11 - PRIVATE CAUSE OF ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
Neither the action nor inaction by the Board on any complaint
				  shall preclude the initiation of any private cause of action by the
				  complainant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 17 - DISCIPLINARY PROCEEDINGS › Section 16.13.17.12 - DISCIPLINARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the Uniform Licensing Act, the Board has
				  authority to impose penalties in disciplinary matters. The Uniform Licensing
				  Act allows discipline in many forms including but not limited to fines, letters
				  of reprimand, corrective action plans, suspension, and revocation of
				  license.
A. Formal Letters of
				Reprimand: The Board shall have discretionary authority to issue formal letters
				of reprimand or warning instead of revocation or suspension. Issuance of formal
				letters of reprimand shall be subject to the provisions of the Uniform
				Licensing Act and shall be a matter of public record.
B. [RESERVED]
C. [RESERVED]
D. RESERVED]
E. Prehearing Motions: The Board may appoint
				a hearing officer to decide non-dispositive motions filed prior to a
				hearing.
F. Settlement Agreements:
				The Board may enter into a settlement agreement or mediation agreement with the
				Respondent as a means of resolving a complaint.
G. [RESERVED]
H. Costs of Disciplinary Proceedings:
				Licensees or license applicants shall bear all costs of disciplinary
				proceedings unless they are excused by the Board from paying all or part of the
				fees, or if they prevail at the hearing and an action specified in Section
				61-1-3
				of the Uniform Licensing Act is not taken by the Board.
I. Uniform Licensing Provision. In accordance
				with Section
				61-1-7.G
				of the Uniform Act, a licensee who directly or through an agent intimidates,
				threatens, injures or takes any adverse action against a person for providing
				information to the Board shall be subject to disciplinary action.
J. License Returned to the Board: Any wall
				license, renewal license, or temporary permit issued by the Board must be
				returned to the Board subsequent to revocation or suspension. The item(s)
				listed must be returned in person or by certified mail no later than thirty
				(30) days after the suspension or revocation order by the Board.
K. Federal Fraud and Abuse Data Bank: With
				regard to the Federal Health Care Integrity and Protection Databank (or its
				successor databank), which was established by the enactment of the Federal
				Health Insurance Portability and Accountability Act of 1996:
(1) The Board may report to the databank
				disciplinary actions taken by the Board that do not contain an admission or
				finding of guilt or liability against applicants or licensees.
(2) The Board must report to the databank
				disciplinary actions taken by the Board that do contain an admission or finding
				of guilt or liability against applicants or licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 17 - DISCIPLINARY PROCEEDINGS › Section 16.13.17.13 - COMPLAINTS RELATED TO UNLICENSED PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the Uniform Licensing Act, Section
				  61-1-3.2,
				  NMSA 1978 (2003 Repl. Pamp), a person who is not licensed to engage in the
				  practice of nursing home administration by the board is subject to disciplinary
				  action and proceedings by the board if it is determined that he or she has been
				  practicing nursing home administration in New Mexico without a valid New Mexico
				  license.
A. The board may impose a
				civil penalty in an amount not to exceed one thousand dollars ($1,000) against
				a person who, without a license, engages in the practice of nursing home
				administration.
B. In addition, the
				board may assess the person engaging in the unlicensed practice of nursing home
				administration and/or the company, firm, or entity that employed the unlicensed
				person to act in the capacity of nursing home administrator, the administrative
				costs, including investigative costs and the costs of conducting a
				hearing.
C. Reports of unlicensed
				practice of nursing home administration may be reported for investigation to
				the board by phone, fax, mail, or e-mail.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 18 - GROUNDS FOR DISCIPLINARY ACTION › Section 16.13.18.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in Part 18 of Chapter 13 apply to any person
				  found to be in violation of the Nursing Home Administrators Act, NMSA 1978
				  'Section
				  61-13-1
				  through
				  61-13-17 or
				  the Board's regulations (Chapter 13 of Title 16).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 18 - GROUNDS FOR DISCIPLINARY ACTION › Section 16.13.18.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 18 of Chapter 13 is promulgated pursuant to the Nursing
				  Home Administrators Act, NMSA 1978 Sections
				  61-13-6,
				  61-13-13,
				  61-13-14,
				  and
				  61-13-15
				  (1993 Repl. Pamp.) and the Uniform Licensing Act, NMSA 1978 Section
				  61-1-1
				  through '
				  61-1-33 (1993
				  Repl. Pamp.); and the Uniform Licensing Act, Section
				  61-1-3.2,
				  NMSA 1978 (2003 Repl. Pamp).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 18 - GROUNDS FOR DISCIPLINARY ACTION › Section 16.13.18.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 18 of Chapter 13 is to set forth the
				  grounds for disciplinary action that subject the licensee and non-licensee to
				  disciplinary action by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 18 - GROUNDS FOR DISCIPLINARY ACTION › Section 16.13.18.8 - DISCIPLINARY GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the provisions contained within the
				  Uniform Licensing Act, the board may take disciplinary action if the board
				  determines the applicant or licensee has violated the Nursing Home
				  Administrators Act or the board's regulations. The following shall subject the
				  licensee to disciplinary action by the board.
A. Fraud or deceit in procuring or attempting
				to procure a license to practice as a nursing home administrator.
B. Knowingly practicing nursing home
				administration or using any designation with the licensee's name tending to
				imply, without a valid license, that the licensee is a nursing home
				administrator; or knowingly aiding, assisting, procuring, advising, or
				encouraging any unlicensed person to practice nursing home administration or
				use any designation with the licensee name tending to imply that the licensee
				is a nursing home administrator without a valid license.
C. Conviction by a court of competent
				jurisdiction of any of the following disqualifying criminal convictions:
(1) homicide
(2) trafficking, or trafficking in 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 felony
				sexual offenses;
(5) crimes
				involving adult abuse, neglect or financial exploitation
(6) crimes involving child abuse or neglect;
				or
(7) crimes involving robbery,
				larceny, extortion, burglary, fraud, forgery, embezzlement, credit card fraud,
				or receiving stolen property.
(8)
				This includes a conviction of an offense which, if committed in this state,
				would be deemed a felony under either state or federal law, without regard to
				its designation elsewhere.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 18 - GROUNDS FOR DISCIPLINARY ACTION › Section 16.13.18.9 - GROSS INCOMPETENCE FURTHER DEFINED

Current through Register Vol. 35, No. 13, July 16, 2024
In performing nursing home administrator functions, a
				  licensee is under the legal duty to possess and to apply the knowledge, skill,
				  and care that is ordinarily possessed and exercised by other licensed nursing
				  home administrators and required by the generally accepted standards of the
				  profession. The failure to possess or to apply to a substantial degree such
				  knowledge, skill, and care constitutes gross incompetence.
A. Charges of gross incompetence may be based
				upon a single act of incompetence or upon a course of conduct or series of acts
				or omissions which extend over a period of time and which, taken as a whole,
				demonstrate incompetence. It shall not be necessary to show that actual harm
				resulted from the act or omission or series of acts or omissions so long as the
				conduct is of such a character that harm could have resulted to the resident or
				to the public from the act or omission or series of acts or
				omissions.
B. The following shall
				be deemed prima facie examples of activities which demonstrate that a licensee
				is unfit or incompetent to serve as a nursing home administrator by reason of
				negligence, habits, or other causes. The Board shall not be limited to this
				list in determining whether an act or acts constitute gross incompetence:
(1) Willfully acting in a manner inconsistent
				with the care for the welfare and the health and safety of the residents of the
				nursing facility in which he is the administrator, administrator/owner,
				administrator/manager, or administrator/corporate officer;
(2) Failure to make good faith attempts using
				administrative management methods, to assure that the nursing home in which
				he/she is the administrator, administrator/ owner, administrator/manager, or
				administrator/corporate officer conforms with the provisions of pertinent
				statutes, codes, rules and regulations of the state licensing authority having
				jurisdiction over the operation and licensing of nursing homes;
(3) Failure to be responsible for planning,
				organizing, directing, and managing the operation of a nursing home in such a
				manner to ensure the safety, health, and welfare of the residents in the
				facility under the licensee administration;
(4) Physical inability to serve as a nursing
				home administrator as evidenced by the statement of two licensed physicians;
				or
(5) Willfully permitting
				unauthorized disclosure of information relating to a resident in a nursing home
				under the licensees administration.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 19 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.13.19.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Nursing Home Administrators Board 725 St.
				  Michael's Drive Santa Fe, New Mexico 87504 (505) 827-7170.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 19 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.13.19.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of Part 19 of Chapter 13 apply to all license
				  applicants and licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 19 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.13.19.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 19 of Chapter 13 is promulgated pursuant to the Parental
				  Responsibility Act (Chapter 25, Laws of 1995).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 19 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.13.19.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 19 of Chapter 13 is to set forth the
				  regulations for enforcing the provisions of the Parental Responsibility
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 19 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.13.19.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All terms defined in the Parental Responsibility Act shall
				  have the same meanings in Part 19 of Chapter 13. As used in Part 19:
A. "HSD" means the New Mexico Human Services
				Department;
B. "Statement of
				Compliance" means a certified statement from HSD stating that an applicant or
				licensee is in compliance with a judgment and order for support; and
C. "Statement of Non-compliance" means a
				certified statement from HSD stating that an applicant or licensee is not in
				compliance with a judgment and an order for support.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 19 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.13.19.8 - DISCIPLINARY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
If an applicant or licensee is not in compliance with a
				  judgment and order for support, the Board:
A. shall deny an application for a
				license;
B. shall deny the renewal
				of license; and
C. has grounds for
				suspension or revocation of the license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 19 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.13.19.9 - CERTIFIED LIST

Current through Register Vol. 35, No. 13, July 16, 2024
Upon receipt of HSD's certified list of obligors not in
				  compliance with a judgment and order for support, the Board shall match the
				  certified list against the current list of Board licensees and
				  applicants.
A. Upon the later receipt
				of an application for license or renewal, the Board shall match the applicant
				against the current certified list.
B. By the end of the month in which the
				certified list is received, the Board shall report to HSD the names of Board
				applicants and licensees who are on the certified list and the action the Board
				has taken in connection with such applicants and licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 13 - NURSING HOME ADMINISTRATORS › Part 19 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.13.19.10 - INITIAL ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon determination that an applicant or licensee appears on
				  the certified list, the Board shall:
A. commence a formal proceeding as set forth
				in 16.13.19.11 NMAC to take the appropriate action under 16.13.19.8 NMAC;
				(or
B. for current licensees only,
				informally notify the licensee that the licensee's name is on the certified
				list, and that the licensee must provide the Board with a subsequent Statement
				of Compliance from HSD by the earlier of the application for license renewal or
				a specified date not to exceed thirty (30) days. If the licensee fails to
				provide this statement, the Board shall commence a formal proceeding as set
				forth in 16.13.19.11 NMAC.