reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.35 - BUSINESS HOURS AND OPERATIONAL RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall post its hours of operation in a public
				  location that can be seen by clients and visitors both inside and outside the
				  facility. The facility shall keep all operational reports and records on file
				  at the facility and make them available for review to document compliance with
				  these regulations upon request of the licensing authority. Business and
				  operational records shall include, but are not limited to:
A. names and addresses of all license owners,
				controlling parties, management company, if applicable, administrator, clinical
				director and all of the members of the internal and external quality
				committees;
B. a copy of the most
				recent version of the licensing regulations;
C. any and all agreements and contracts with
				other health care providers to provide services;
D. the most recent life safety and health
				surveys conducted by the licensing authority and any variances or waivers
				granted;
E. the most recent fire
				inspection report by the fire authority having jurisdiction;
F. a log of fire and emergency evacuation
				drills conducted by the freestanding birth center;
G. a valid and current state board of
				pharmacy drug permit;
H. the most
				recent state board of pharmacy inspection of the drug room;
I. the most recent CLIA certificate
				applicable for the type of specimens tested or waiver(s) for any specimen
				testing;
J. a log tracking
				infection control and sterilization processes demonstrating compliance with
				these regulations and all other applicable statutes and regulations;
K. if applicable, New Mexico environment
				department approval of private water system;
L. if applicable, New Mexico environment
				department approval of private waste and sewage disposal.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.36 - BUILDING STANDARDS FOR FREESTANDING BIRTH CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of a freestanding birth centers is to establish a
				  safe, homelike environment for healthy women anticipating a low risk birth so
				  long as there is sufficient space, furnishings, equipment and supplies to
				  comfortably accommodate the number of families, mothers, newborns and infants
				  served by the facility and the staff necessary for providing the
				  services.
A. The facilities may be in
				a house or residential structure adapted or renovated for birth center use, if
				allowed and approved by the local zoning authority.
B. If the facility is based in an office
				building, consultation and examining rooms must be separate from the dedicated
				birth room(s).
C. Freestanding
				birth centers must comply with life safety code requirements in accordance with
				the applicable national fire protection association (NFPA) 101 life safety code
				edition. Birth centers may be classified as business occupancies if their
				capacity is restricted to occupancy by fewer than four active births at any one
				time and the physical layout shall not render clients, not including infants,
				incapable of self-preservation.
D.
				All freestanding birth center facilities licensed under these regulations must
				be accessible to and useable by handicapped clients, employees, staff and
				visitors.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.37 - MINIMUM FACILITY SPACE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility shall include and provide sufficient space for
				  the following areas:
A. Public areas:
				The facility shall provide in the public areas:
(1) sufficient parking space(s) for the
				public, each birthing room and each employee present on any single
				shift;
(2) a reception and
				information counter or desk;
(3) a
				waiting area for visitors;
(4)
				convenient and accessible wheelchair storage;
(5) convenient and accessible drinking
				fountain or bottled water.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.38 - MINIMUM SAFETY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility shall comply with the following minimum safety
				  requirements:
A. Exits:
(1) Each facility and each floor of the
				facility shall have exits as required and permitted by current fire protection
				and life safety codes adopted by the state.
(2) Exit ways must be kept free from
				obstructions at all times.
(3) All
				exit and exit access doors must be at least 36 inches wide and accommodate
				wheelchairs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.39 - MINIMUM ENVIRONMENTAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility shall comply with the following minimum
				  environmental requirements:
A. Floors
				and walls: All finishes shall be kept clean and shall be of the type that is
				appropriate for the cleaning methods and solutions used to maintain a clean and
				safe environment.
(1) Floor material shall be
				readily cleanable and wear resistant.
(2) In all areas subject to wet cleaning,
				floor materials shall not be physically affected by liquid germicidal or
				cleaning solution.
(3) Floors
				subject to traffic while wet including showers and bath areas shall have a slip
				resistant surface.
(4) Wall
				finishes shall be washable and in the proximity of plumbing fixtures, shall be
				smooth and moisture resistant.
(5)
				In areas subject to wet cleaning, the intersection of the floor and wall shall
				be sealed with a coved base or a wood bases tightly sealed connection without
				voids.
(6) Floor and wall areas
				penetrated by pipes, ducts and conduits shall be tightly sealed to minimize
				entry of rodents and insects. Joints of structural elements shall be similarly
				sealed.
(7) Threshold and expansion
				joint covers shall be flush with the floor surface to facilitate use of
				wheelchairs and carts.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.40 - MINIMUM LIGHTING AND ELECTRICAL STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Electrical standards: The facility shall
				provide that:
(1) all facility electrical
				sources, supplies, and equipment comply with all applicable national, state and
				local electrical codes;
(2) all
				circuit breakers or fused switches provide electrical disconnection and over
				current protection and are:
(a) readily
				accessible for use and maintenance;
(b) set apart from traffic lanes;
				and
(c) located in a dry,
				ventilated space.
(3) all
				panel boards servicing lighting and appliance circuits shall be on the same
				floor and in the same facility area as the circuits they serve; and
(4) each panel board shall be marked showing
				the service area of each circuit breaker or fused switch.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.41 - MINIMUM HEATING, VENTILATION AND AIR CONDITIONING STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall provide and maintain heating, ventilating
				  and air conditioning or air cooling systems sufficient to keep all facility
				  occupants comfortable which include but are not limited to:
A. Heating, airconditioning or air cooling,
				piping, boilers and ventilation equipment furnished, installed and maintained
				to meet all requirements of applicable state and local mechanical, electrical
				and construction codes.
B. Use of a
				heating method that consistently provides a minimum indoor winter design
				capacity of 75 degrees fahrenheit with accessible temperature adjustment
				controls appropriate for all occupants' comfort.
C. A prohibition against the use of unvented
				heaters, open flame heaters or portable heaters.
D. An ample supply of outside air shall be
				provided in all spaces where fuel fired boilers, furnaces or heaters are
				located to assure proper combustion.
E. All fuel fired boilers, furnaces or
				heaters shall be connected to an approved venting system which takes all
				combustion products directly to the outside air.
F. Adequate ventilation at all times to
				provide fresh air and the control of unpleasant odors inside the
				facility.
G. A one hundred percent
				automatic cutoff control valve in event of pilot failure for all gas-fired
				heating equipment.
H. A system for
				maintaining all occupants' comfort during periods of hot weather.
I. Protection of all boiler, furnace or
				heater rooms from other parts of the building by construction having a fire
				resistance rating of not less than one hour with doors that open to the
				interior being self-closing with a three-quarter hour fire resistance
				rating.
J. Filters having
				efficiencies as required by state codes for all central ventilation and air
				conditioning systems.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.42 - FIRE SAFETY

Current through Register Vol. 35, No. 13, July 16, 2024
All current applicable requirements of state and local codes
				  for fire prevention and safety must be met by the facility including, but not
				  limited to:
A. Fire clearance and
				inspections: Each facility must request from the fire authority having
				jurisdiction an annual fire inspection. If the policy of the fire authority
				having jurisdiction does not provide for annual inspection of the freestanding
				birth center, the facility must document the date the request was made and to
				whom. If the fire authorities make annual inspections, a copy of the latest
				inspection must be kept on file in the facility.
B. Staff fire safety training:
(1) All facility staff must know the location
				of and be instructed in proper use of fire extinguishers and other procedures
				to be observed in case of fire or other emergencies. The facility shall request
				the fire authority having jurisdiction to give periodic instruction in fire
				prevention and techniques of evacuation.
(2) Facility staff must be instructed as part
				of their duties to constantly strive to detect and eliminate potential safety
				hazards, such as loose handrails, frayed electrical cords, faulty equipment,
				blocked exits or exit ways and any other condition which could cause burns,
				fall, or other personal injury.
(3)
				Fire and evacuation drills: The facility must conduct at a minimum on a
				quarterly basis at least one fire drill and evacuation drill. A log must be
				maintained by the facility showing the date, time, number of staff
				participating and outlining any problems noted in the conduct of the
				drill.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.43 - INCORPORATED AND RELATED STATUTES, RULES AND CODES

Current through Register Vol. 35, No. 13, July 16, 2024
The facilities that are subject to this rule are also subject
				  to other statutes, rules, codes and standards that may, from time to time, be
				  amended, including all authorizing statutes under which any applicable
				  regulations have been promulgated. Applicable regulations include, but are not
				  limited to the following:
A. Health
				facility licensure fees and procedures, New Mexico health care authority,
				8.370.3 NMAC.
B. Health facility
				sanctions and civil monetary penalties, New Mexico health care authority,
				8.370.4 NMAC.
C. Adjudicatory
				hearings for licensed facilities, New Mexico health care authority, 8.370.2
				NMAC.
D. Caregiver's criminal
				history screening requirements, 8.370.5 NMAC.
E. Employee abuse registry, 8.370.8
				NMAC.
F. Incident reporting, intake
				processing and training requirements, 8.370.9 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 17 - REQUIREMENTS FOR FREESTANDING BIRTH CENTERS › Section 8.370.17.44 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any section or provision or application of these
				  regulations is held to be invalid, the remainder and its application to other
				  situations or persons shall not be affected or interfere with the remaining
				  requirements provided by these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Health Care Authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. These
				regulations apply to the following:
(1)
				public, profit or nonprofit outpatient facilities, ambulatory surgical centers,
				diagnostic and treatment centers, or infirmaries, providing services as
				outlined by these regulations; or
(2) any facility providing services as
				outlined by these regulations which by federal regulation must be licensed by
				the state of New Mexico to obtain or maintain full or partial, permanent or
				temporary federal funding.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations set forth herein are promulgated pursuant to
				  the general authority granted under Subsection E of Section 9-8-6 NMSA 1978;
				  and the authority granted under Subsection D of Section 24-1-2, Subsection I of
				  Section 24-1-3, and Section 24-1-5 of the Public Health Act, NMSA 1978, as
				  amended. Section 9-8-1 et seq. NMSA 1978 establishes the health care authority
				  (authority) as a single, unified department to administer laws and exercise
				  functions relating to health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is specified at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Establish
				minimum standards for licensing of health facilities who provide outpatient
				medical services and infirmaries.
B. Monitor health facilities providing
				outpatient medical services and infirmaries with these regulations through
				surveys to identify any areas which could be dangerous or harmful to the
				patients or staff.
C. Encourage the
				establishment and maintenance of health facilities to provide outpatient
				medical services and infirmaries to the citizens of New Mexico that provide
				quality services that maintains or improves the health and quality of life to
				the patients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.8 - STANDARD OF COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
The degree of compliance required throughout these
				  regulations is designated by the use of the words "shall" or "must" or "may".
				  "Shall" or "must" means mandatory. "May" means permissive. The use of the words
				  "adequate", "proper", and other similar words means the degree of compliance
				  that is generally accepted throughout the professional field by those who
				  provide out-patient services to the public in facilities governed by these
				  regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.10 - INITIAL LICENSURE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
To obtain an initial license for a facility pursuant to these
				  regulations the following procedures must be followed by the applicant.
A.
Initial Phase:
These
				regulations should be thoroughly understood by the applicant and used as a
				reference for design of a new building or renovation or addition to an existing
				building for licensure as a facility pursuant to these regulations. Prior to
				starting construction, renovations or additions to an existing building the
				applicant of the proposed facility shall:
(1)
				advise the licensing authority of intention to open a facility pursuant to
				these regulations and depending on the type of facility submit the following:
(a) ambulatory surgical centers, diagnostic
				and treatment centers, rural health clinics and infirmaries will submit a
				complete set of construction documents (blueprints) for the total
				building;
(b) limited diagnostic
				and treatment centers will submit a set of floor plans for the building which
				must be of professional quality, be on substantial paper of at least 18" x 24",
				and be drawn to an accurate scale of 1/4" to 1'; these plans must include:
(i) proposed use of each room e.g., waiting
				room, examination room, office, etc.;
(ii) interior dimensions of all
				rooms;
(iii) one building or wall
				section showing exterior and interior wall construction; section must include
				floor, wall, ceiling, and the finishes, e.g., carpet, tile, gyp board with
				paint, wood paneling;
(iv) door
				types, swing, and sizes of all doors, e.g. solid core, hollow core, 3'0" x
				6'8", 1 3/4" thick;
(v) if building
				is air conditioned;
(vi) indicate
				all sinks, tubs, showers;
(vii)
				indicate furnaces, and hot water heaters and if fuel fired, or
				electric;
(viii) indicate windows
				to include size and type;
(ix)
				indicate any level changes within the building e.g. steps or ramps;
(x) indicate fire extinguishers, heat and
				smoke detectors and alarm systems;
(xi) locate the building on a site/plot plan
				to determine surrounding conditions, include all steps, ramps, parking areas,
				walks, and any permanent structures;
(xii) indicate on plans if building is new
				construction, remodeled or alteration, or an addition; if remodeled or an
				addition indicate existing and new construction on the plans;
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.11 - LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Annual
				license:
An annual license is issued for a one year period to a facility
				which has met all requirements of these regulations.
B.
Temporary license:
The
				licensing authority may, at its sole discretion, issue a temporary license
				prior to the initial survey, or when it finds partial compliance with these
				regulations.
(1) A temporary license shall
				cover a period of time, not to exceed 120 days, during which the facility must
				correct all specified deficiencies.
(2) In accordance with Subsection D of
				Section 24-1-5 NMSA 1978, no more than two consecutive temporary licenses shall
				be issued.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.12 - LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensee
				must submit a renewal application on forms provided by the licensing authority,
				along with the required fee at least 30 days prior to expiration of the current
				license.
B. Upon receipt of renewal
				application and required fee prior to expiration of their current license, the
				licensing authority will issue a new license effective the day following the
				date of expiration of the current license if the facility is in substantial
				compliance with these regulations.
C. If a licensee fails to submit a renewal
				application with the required fee and the current license expires, the facility
				shall cease operations until it obtains a new license through the initial
				licensure procedures. Subsection A of Section 24-1-5 NMSA 1978, as amended,
				provides that no health facility shall be operated without a license.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.13 - POSTING OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The facility's license must be posted in a conspicuous place
				  on the licensed premises in an area visible to the public.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.14 - NONTRANSFERABLE RESTRICTION ON LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A license shall not be transferred by
				assignment or otherwise to other persons or locations. The license shall be
				void and must be returned to the licensing authority when any one of the
				following situations occurs:
(1) ownership of
				the facility changes;
(2) the
				facility changes location;
(3)
				licensee of the facility changes;
(4) the facility discontinues
				operation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.15 - AUTOMATIC EXPIRATION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A license will automatically expire at midnight on the day
				  indicated on the license as the expiration date, unless sooner renewed,
				  suspended, or revoked: or
A. on the
				day a facility discontinues operation; or
B. on the day a facility is sold, leased, or
				otherwise changes ownership or license; or
C. on the day a facility changes
				location.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.16 - SUSPENSION OF LICENSE WITHOUT PRIOR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with Subsection H of Section 24-1-5 NMSA 1978,
				  if immediate action is required to protect human health and safety, the
				  licensing authority may suspend a license pending a hearing, provided such
				  hearing is held within five working days of the suspension, unless waived by
				  the licensee.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.17 - GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE, DENIAL OF INITIAL OR RENEWAL APPLICATION FOR LICENSE, OR IMPOSITION OF INTERMEDIATE SANCTIONS OR CIVIL MONETARY PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A license may be revoked or suspended, an initial or renewal
				  application for license may be denied, or intermediate sanctions or civil
				  monetary penalties may be imposed after notice and opportunity for a hearing,
				  for any of the following:
A. failure
				to comply with any provision of these regulations;
B. failure to allow survey by authorized
				representatives of the licensing authority;
C. any person active in the operation of a
				facility licensed pursuant to these regulations shall not be under the
				influence of alcohol or narcotics or convicted of a felony;
D. misrepresentation or falsification of any
				information on application forms or other documents provided to the licensing
				authority;
E. discovery of repeat
				violations of these regulations during surveys; or
F. failure to provide the required care and
				services as outlined by these regulations for the patients receiving care at
				the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.18 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearing
				procedures for an administrative appeal of an adverse action taken by the
				licensing authority against a facility's license as outlined in 8.370.18.16 and
				8.370.18.17 NMAC above will be held in accordance with adjudicatory hearings,
				New Mexico health care authority, 8.370.2 NMAC.
B. A copy of the above regulations will be
				furnished to a facility at the time an adverse action is taken against its
				license by the licensing authority. A copy may be requested at any time by
				contacting the licensing authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.19 - CURRENTLY LICENSED FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Any facility currently licensed on the date these regulations
				  are promulgated and which provides the services prescribed under these
				  regulations, but which fails to meet all building requirements, may continue to
				  be licensed under the appropriate type of outpatient facility.
A. Variance may be granted for those building
				requirements the facility cannot meet provided the variances granted will not
				create a hazard to the health, safety and welfare of the patients and staff;
				and
B. the building requirements
				for which variances are granted cannot be corrected without an unreasonable
				expense to the facility; and
C.
				variances granted will be recorded and made a permanent part of the facility
				file.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.20 - NEW FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A new
				facility may be opened in an existing building or a newly constructed building.
				If opened in an existing building a variance may be granted for those building
				requirements the facility cannot meet under the same criteria outlined in
				Subsections A, B and C of 8.370.18.19 NMAC of these regulations, if not in
				conflict with existing building and fire codes. This is at the sole discretion
				of the licensing authority.
B. A
				new facility opened in a newly constructed building must meet all requirements
				of these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.21 - FACILITY SURVEYS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application
				for licensure, whether initial or renewal, shall constitute permission for
				entry into and survey of a facility by authorized licensing authority
				representatives at reasonable times during the pendency of the application and,
				if licensed, during the licensure period.
B. Surveys may be announced or unannounced at
				the sole discretion of the licensing authority.
C. Upon receipt of a notice of deficiency
				from the licensing authority the licensee or their representative will be
				required to submit a plan of correction to the licensing authority within 10
				working days stating how the facility intends to correct each violation noted
				and the expected date of completion.
D. The licensing authority may at its sole
				discretion accept the plan of correction as written or require modifications of
				the plan by the licensee.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.22 - REPORTING OF INCIDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All facilities licensed pursuant to these regulations must
				  report to the licensing authority any serious incident or unusual occurrence
				  which has, or could threaten the health, safety, and welfare of the patients or
				  staff, such as but not limited to:
A.
				fire, flood, or other natural disaster which creates structural damages to the
				facility or poses health hazards;
B. any serious outbreak of contagious
				diseases dangerous to the public health;
C. any serious human errors by staff members
				of the facility which has resulted in the death, serious illness, or physical
				impairment of a patient; or
D. in
				accordance with Section 8A of the "Resident, Abuse, and Neglect Act".
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.23 - QUALITY ASSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
All facilities licensed pursuant to these regulations must
				  have an ongoing, comprehensive self-assessment of the services provided by the
				  facility. The assessment must include the total operation of the
				  facility.
A. To be considered
				comprehensive the assessment for quality assurance must include, but is not
				limited to the following:
(1) condition of
				patients and services rendered;
(2)
				completeness of patient records;
(3) organization of the facility;
(4) administration;
(5) staff utilization and training;
				and
(6) policies and
				procedures.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.24 - PATIENT RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility licensed pursuant to these regulations must
				  maintain a medical record for each patient. Every record must be accurate,
				  legible and promptly completed. Medical records must include at least the
				  following:
A. Ambulatory surgical
				centers:
(1) patient identification;
(2) significant medical history and results
				of physical examination;
(3)
				preoperative diagnostic studies (entered before surgery), if
				performed;
(4) findings and
				techniques of the operation, including a pathologist's report on all tissues
				removed during surgery, except those exempted by the governing body;
(5) any allergies and abnormal drug
				reactions;
(6) entries related to
				anesthesia administration;
(7)
				documentation of properly executed informed patient consent; and
(8) discharge diagnosis;
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.25 - REPORTS AND RECORDS REQUIRED TO BE ON FILE IN THE FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility licensed pursuant to these regulations must
				  keep the following reports and records on file and make them available for
				  review upon request of the licensing authority.
A. A copy of the latest fire inspection
				report by the fire authority having jurisdiction.
B. A copy of the last survey conducted by the
				licensing authority and any variances granted.
C. Record of fire and emergency evacuation
				drills conducted by the facility.
D. Licensing regulations: A copy of these
				regulations: Requirements For Facilities Providing Outpatient Medical Services
				and Infirmaries, New Mexico health care authority, 8.370.18 NMAC.
E. Health certificates of staff.
F. A copy of the current license,
				registration or certificate, of each staff member for which a license,
				registration, or certification is required by the state of New
				Mexico.
G. Latest inspection by New
				Mexico environment department of radiological equipment, if
				applicable.
H. Valid drug permit as
				required by the state board of pharmacy.
I. Agreements or contracts with other health
				care providers to provide services not available in the facility, if
				applicable.
J. Latest inspection of
				drug room by state board of pharmacy.
K. New Mexico environment department approval
				of private water system, if applicable.
L. New Mexico environment department approval
				of private waste or sewage disposal, if applicable.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.26 - PATIENT RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				facilities licensed pursuant to these regulations shall support, protect and
				enhance the rights of patients as shown below:
(1) the right to efficient and equal service,
				regardless of their race, sex, religion, ethnic background, education, social
				class, physical or mental handicap, or economic status;
(2) the right of considerate, courteous and
				respectful care from all staff of the facility;
(3) the right of complete information in
				terms the average patient can reasonably be expected to understand;
(4) the right to informed consent and full
				discussion of risks and benefits prior to any invasive procedure, except in an
				emergency; alternatives to the proposed procedure must be discussed with the
				patient;
(5) the right to obtain
				assistance in interpretation for non-English speaking patients;
(6) the right to know the names, titles, and
				professions of the facility staff to whom the patient's speaks and from whom
				services or information are received;
(7) the right to refuse examination,
				discussion and procedures to the extent permitted by law and to be informed of
				the health and legal consequences of this refusal;
(8) the right of access to patient's personal
				health records;
(9) the right of
				respect for the patient's privacy;
(10) the right of confidentiality of the
				patient's personal health records as provided by law;
(11) the right to expect reasonable
				continuity of care within the scope of services and staffing of the
				facility;
(12) the right to respect
				for the patient's civil rights and religious opinions;
(13) the right to present complaints to the
				management of the facility without fear of reprisal;
(14) the right to examine and receive a full
				explanation of any charges made by the facility regardless of source of
				payment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.27 - STAFF RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility licensed pursuant to these regulations must
				  maintain a complete record on file for each staff member or volunteer working
				  more than half-time. Staff records will be made available for review upon
				  request of the licensing authority.
A.
				Staff records will contain at least the following:
(1) name;
(2) address and telephone number;
(3) position for which employed;
(4) date of employment;
(5) health certificate stating that the
				employee is free from tuberculosis in a transmissible form as required by New
				Mexico health care authority regulations, control of communicable disease in
				health facility personnel, 7.4.4 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.28 - POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				facilities licensed pursuant to these regulations must have written policies
				and procedures for the following:
(1) quality
				assurance program;
(2) maintenance
				of building and equipment;
(3) fire
				and evacuation;
(4) staff
				development and evaluation;
(5)
				administration and preparation of drugs;
(6) referral of patients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.29 - GENERAL BUILDING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. New construction, additions and
				alterations: When construction of new buildings, additions, or alterations to
				existing buildings are contemplated, plans and specifications covering all
				portions of the work must be submitted to the licensing authority for plan
				review and approval prior to beginning actual construction. When an addition or
				alteration is contemplated, plans for the entire facility must be
				submitted.
B. Access to the
				handicapped: All outpatient facilities licensed pursuant to these regulations
				must be accessible to and useable by handicapped employees, staff, visitors,
				and patients.
C. Extent of a
				facility: All buildings of the premises providing patient care and services
				will be considered part of the facility and must meet all requirements of these
				regulations. Where a part of the facility services are contained in another
				facility, separation and access shall be maintained as described in current
				building and fire codes.
D.
				Additional requirements: A facility applying for licensure pursuant to these
				regulations may have additional requirements not contained herein. The
				complexity of building and fire codes and requirements of city, county, or
				municipal governments may require these additional requirements. Any additional
				requirements will be outlined by the appropriate building and fire authorities,
				and by the licensing authority through plan review, consultation and on-site
				surveys during the licensing process.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.30 - MAINTENANCE OF BUILDING AND GROUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
Facilities must maintain the building(s) in good repair at
				  all times. Such maintenance shall include, but is not limited to, the
				  following.
A. All electrical,
				signaling, mechanical, water supply, heating, fire protection, and sewage
				disposal systems must be maintained in a safe and functioning condition,
				including regular inspections of these systems.
B. All equipment used for patient care shall
				be maintained clean and in good repair.
C. All furniture and furnishings must be kept
				clean and in good repair.
D. The
				grounds of the facility must be maintained in a safe and sanitary condition at
				all times.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.31 - HOUSEKEEPING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The facility
				must be kept free from offensive odors and accumulations of dirt, rubbish,
				dust, and safety hazards.
B.
				Examination rooms, operating rooms, patient rooms, waiting areas and other
				areas of daily usage must be cleaned daily.
C. Floors and walls must be constructed of a
				finish that can be easily cleaned. Floor polishes shall provide a slip
				resistant finish.
D. Bathrooms,
				lavatories, and drinking fountains must be cleaned as often as necessary to
				maintain a clean and sanitary condition.
E. Deodorizers must not be used to mask odors
				caused by unsanitary conditions or poor housekeeping practices.
F. Storage areas must be kept free from
				accumulation of refuse, discarded equipment, furniture, paper, and the
				like.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.32 - WATER

Current through Register Vol. 35, No. 13, July 16, 2024
A. A facility
				licensed pursuant to these regulations must be provided with an adequate supply
				of water which is of a safe and sanitary quality suitable for domestic
				use.
B. If the water supply is not
				obtained from an approved public system, the private water system must be
				inspected, tested, and approved by the New Mexico environment department prior
				to licensure. It is the facility's responsibility to insure that subsequent
				periodic testing or inspection of such private water systems be made at
				intervals prescribed by the New Mexico environment department or recognized
				authority.
C. Hot and cold running
				water under pressure must be distributed at sufficient pressure to operate all
				fixtures and equipment during maximum demand periods.
D. Backflow preventors (vacuum breakers) must
				be installed on hose bibs, laboratory sinks, janitor's sinks, and on all other
				water fixtures to which hoses or tubing can be attached.
E. Water distribution systems are arranged to
				provide hot water at each hot water outlet at all times. Hot water to hand
				washing facilities must not exceed 120 degrees farenheit.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.33 - SEWAGE AND WASTE DISPOSAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				sewage and liquid wastes must be disposed of into a municipal sewage system
				where such facilities are available.
B. Where a municipal sewage system is not
				available, the system used must be inspected and approved by the New Mexico
				environment department or recognized local authority.
C. Where municipal or community garbage
				collection and disposal service are not available, the method of collection and
				disposal of solid wastes generated by the facility must be inspected and
				approved by the New Mexico environment department or recognized local
				authority.
D. Infectious waste:
				Facilities licensed pursuant to these regulations which generate infectious
				waste must insure that the method of disposal of such wastes meets the
				requirements of the New Mexico environment department or recognized local
				authority.
E. All garbage and
				refuse receptacles must be durable, have tight fitting lids, must be insect and
				rodent proof, washable, leak proof and constructed of materials which will not
				absorb liquids. Receptacles must be kept clean.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.34 - FIRE SAFETY COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
All current applicable requirements of state and local codes
				  for fire prevention and safety must be met by the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 18 - REQUIREMENTS FOR FACILITIES PROVIDING OUTPATIENT MEDICAL SERVICES AND INFIRMARIES › Section 8.370.18.35 - FIRE CLEARANCE AND INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility must request from the fire authority having
				  jurisdiction an annual fire inspection. If the policy of the fire authority
				  having jurisdiction does not provide for annual inspection of the facility, the
				  facility must document the date the request was made and to whom. If the fire
				  authorities do make annual inspections, a copy of the latest inspection must be
				  kept on file in the facility.