reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.22 - CLIENT PARTICIPATION, PROTECTION, AND CASE REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. The agency takes all reasonable action(s)
				to protect the health, safety, confidentiality, and rights of its clients. The
				agency informs the client of his or her rights and responsibilities and
				develops and implements policies and procedures that support and facilitate the
				client's full participation in treatment and related agency activities. The
				agency protects the confidentiality of client records through adherence to its
				own set of policies and procedures governing access to, and release of,
				confidential information.
B.
				Materials describing services offered, eligibility requirements and client
				rights and responsibilities are provided in a form understandable to the client
				and client's legal guardian(s) with consideration of the client's/guardian's
				primary language, and the mode of communication best understood by persons with
				visual or hearing impairments.
(1) If the
				client is unable to understand the materials for any reason, every effort is
				made to explain his or her rights and responsibilities in a manner
				understandable to the client. These efforts will be documented in the client's
				record.
(2) Materials are available
				or posted in the agency's reception area and/or handed to potential clients
				during their initial contact with the agency.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.23 - INTAKE, ASSESSMENT, TREATMENT PLANNING, DISCHARGE PLANNING, AND DISCHARGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				agency establishes criteria for admission, conducts ongoing clinical
				assessments, and develops, reviews, revises treatment plans and provides
				ongoing discharge planning with the full participation of the treatment
				team.
B. Clinical decisions are
				made only by qualified clinical personnel.
C. Intake and screening:
(1) The agency establishes and follows
				written criteria for admission to its program(s) and service(s), including
				exclusionary criteria.
(2) The
				agency establishes and follows written intake procedures to address clinical
				appropriateness for admission.
(3)
				The agency's eligibility criteria are consistent with EPSDT requirements and
				Licensing Requirements for Child and Adolescent Mental Health Facilities,
				7.20.12 NMAC.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.24 - BEHAVIOR MANAGEMENT, PERSONAL RESTRAINT, AND SECLUSION PRACTICES

Current through Register Vol. 35, No. 13, July 16, 2024
Certain provisions of this section are included to implement
				  regulations of the federal centers for medicare and medicaid services (CMS) and
				  may be amended when appropriate to reflect subsequent changes in the federal
				  CMS regulations. These provisions are intended to implement, and to be
				  consistent with the Child Health Act of 2000 and the CMS Interim Final Rule
				  issued May 22, 2001, and are subject to further modifications as dictated by
				  CMS.
A. The agency protects and
				promotes the rights of each client in the program, including the right to be
				free from physical or mental abuse, corporal punishment, and any personal
				restraint or seclusion imposed for purposes of discipline or convenience. The
				agency establishes and follows policies and procedures governing the use of
				behavior management practices including therapeutic hold, personal restraint
				and seclusion (when allowed as delineated below). This will include
				documentation of each therapeutic hold, personal restraint and seclusion in the
				client's record.
B. For those
				behavior management practices that are allowed for each type of program and are
				described above, the program supports their limited and justified use through:
(1) staff orientation and education that
				create a culture emphasizing prevention of the need for therapeutic hold,
				personal restraint and seclusion and their appropriate use;
(2) assessment processes that identify and
				prevent potential behavioral risk factors; and
(3) the development and promotion of
				preventive strategies and use of less restrictive alternatives.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.25 - MEDICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The agency
				establishes and follows policies and procedures governing the storage,
				handling, use, administration and disposal of all medications that are
				consistent with applicable laws, regulations, and accepted professional
				practices.
B. Prescription orders
				are verified and individuals are identified before medications are administered
				or self-administered.
C.
				Medications are administered only by qualified, licensed medical staff, or are
				self-administered by the client with supervision of staff who have been trained
				in assisting with self-administration.
D. Policies and procedures support
				self-administration of medications. Staff trained in these procedures provide
				supervision of self-administration of medications and document the time the
				medications are taken, the side effects observed, and client
				response
,
as well as any medications refused or held. When
				medications are self-administered by clients, a staff member may hold the
				container for the client and/or assist with opening the container, but may not
				place the medication in the client's hand or mouth.
E. The agency has controls in place for
				locked storage of medication and for access by authorized personnel.
F. The agency has controls in place to ensure
				that medications are properly labeled with name of person served, dosage, name
				of medication, name of prescribing physician, and number or code identifying
				the written order.
G. The agency
				has controls in place for the destruction of out-of-date medications and proper
				disposal of unused medication and syringes.
H. When adverse or unusual conditions are
				observed, appropriate consultation and/or medical response must be sought in a
				timely manner.
I. Medication
				monitoring may include input from various disciplines and the client and
				family. This information is used to maintain and improve the outcomes of
				medication therapy while minimizing any drug-related problems or adverse
				effects.
J. When medications that
				require periodic testing of drug levels are used, such laboratory test results
				are accurately recorded in the client record, as applicable.
K. The physician documents in the client
				record the indication for, response to, and the potential and observed side
				effects of any prescription medication(s).
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.26 - COMPREHENSIVE COMMUNITY SUPPORT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Comprehensive community support services
				(CCSS) shall coordinate and provide necessary services and resources to
				eligible clients and families to promote recovery, rehabilitation and
				resiliency.
B. These culturally
				sensitive services shall identify and address the barriers that impede the
				development of skills necessary for independent functioning in the community as
				well as strengths, goals and measurable objectives, which may aid the client or
				family in the recovery or resiliency process.
C. CCSS shall address goals as identified by
				the client or family specifically to meet recovery and resilience based
				outcomes in the areas of independent living, learning, working, socializing and
				recreation.
D. CCSS shall be
				provided to children, youth and adults with significant behavioral health
				disorders and who meet other criteria as identified by the
				collaborative.
E. CCSS shall be
				provided in compliance with the medical assistance division (MAD) definition of
				medical necessity and shall be furnished within the MAD benefits.
F. CCSS shall be furnished within the scope
				and practice of the provider's respective profession as defined by state law,
				and in accordance with applicable federal, state and local laws and
				regulations.
G. An assessment of
				baseline functioning shall be performed within 10 working days of the client's
				admission into CCSS services. The assessment shall evaluate and document the
				client's specific functional effectiveness in multiple skill domains based on
				the desired outcomes of the client or family.
(1) Functional level determination shall
				identify domains in which functional limitations precipitated by the behavioral
				health disorder are present. The diagnoses and assessments shall be the basis
				for the comprehensive client or family driven goal directed, measurable service
				plan
(2) CCSS eligible clients
				shall have one designated agency that will have the primary responsibility of
				partnering with the client and family for the purpose of implementing the
				comprehensive service plan.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.27 - DAY TREATMENT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Day treatment services as defined herein are provided in a school or other
				community setting and are distinct from partial hospitalization
				servicesprovided in a psychiatric hospital. Education services are provided
				through the public school system or through a New Mexico accredited private
				school in coordination with the day treatment services.
B. Personnel:
(1) Direct service staff may be unlicensed or
				uncertified paraprofessionals such as teacher aides, mental health workers,
				psychiatric technicians or similar direct service workers. At least one staff
				member who has received all training required in 27.B (a) through (f) is
				present during program hours. The direct service staff receives documented
				clinical supervision for a minimum of two hours per month. The agency's direct
				service staff must have at least a high school education or GED and 20 hours of
				documented pre-service training, including, but not limited to crisis
				management/intervention, behavior management, and emergency procedures, that
				include current CPR and first aid certificates. Within 90 days of hire, the
				staff will receive an additional 20 hours of documented training, including but
				not be limited to:
(a) etiology and symptoms
				of emotional disturbances and neurobiological disorders;
(b) family systems;
(c) basic communication and problem solving
				skills;
(d) child and adolescent
				development;
(e) issues related to
				ethnic and cultural considerations of the clients served; and
(f) action and potential side effects of
				medications.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.28 - BEHAVIOR MANAGEMENT SKILLS DEVELOPMENT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Behavior management skill development
				services are delivered through an individualized behavior management skills
				development service plan designed to develop, restore, or maintain skills and
				behaviors that result in improved function or which prevent deterioration of
				function. Behavior management skills development services are delivered to
				clients up to age 21 who:
(1) are in need of
				behavior management skills development intervention to avoid inpatient
				hospitalization, residential treatment or separation from his/her family;
				or
(2) require continued intensive
				or supportive services following hospitalization or out-of-home placement as a
				transition to maintain the client in the least restrictive environment
				possible.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.29 - TREATMENT FOSTER CARE SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Treatment foster care services, Level I
				and Level II, are specifically designed to accommodate the needs of
				psychologically or emotionally disturbed and/or behaviorally disordered
				clients. Eligible clients are those who are at risk for failure or have failed
				in regular foster homes, are unable to live with their own families, or are
				going through a transitional period from residential care as part of the
				process of return to family and community.
(1) Treatment foster care services, level I
				and II, are targeted to children who meet the following criteria:
(a) are at risk for placement in a higher
				level of care or are returning from a higher level of care and are appropriate
				for a lower level of care; or
(b)
				have complex and difficult psychiatric, psychological, neurobiological,
				behavioral, psychosocial problems; and
(c) require, and would optimally benefit
				from, the behavioral health services and supervision provided in a treatment
				foster home setting.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.30 - RESIDENTIAL TREATMENT SERVICES AND GROUP HOME SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Residential treatment services are
				provided to children/adolescents with severe behavioral, psychological,
				neurobiological, or emotional problems, who are in need of psychosocial
				rehabilitation in a residential setting. They require active residential
				psychotherapeutic intervention and a 24-hour therapeutic group living setting
				to meet their developmental, psychological, social, and emotional
				needs.
B. Group home services are
				provided to children/adolescents with moderate behavioral, psychological,
				neurobiological, or emotional problems, who are in need of active
				psychotherapeutic intervention, who require a twenty-four hour therapeutic
				group living setting to meet their developmental, social and emotional needs,
				and/or who are in transition from a higher level of care to a lower level of
				care.
C. The agency maintains and
				follows policies and procedures for emergency and non-emergency admissions.
				Admission policies and criteria are based on the client's identified need for
				residential treatment services or group home services.
D. At the time of admission or transfer to
				residential treatment services or group home services, the client is informed
				of the reasons for the placement/transfer and his/her treatment options. This
				discussion with the client is documented in the client's record by the
				admitting professional.
E.
				Personnel:
(1) Direct service staff providing
				residential treatment services and/or group home services receive a minimum of
				twenty hours of pre-service training, including training in:
(a) crisis management/intervention,
				behavioral management, personal restraint and seclusion;
(b) the agency's emergency procedures, which
				include CPR and first aid.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.31 - JCAHO ACCREDITED RESIDENTIAL TREATMENT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
Residential treatment services programs that are accredited
				  by JCAHO comply with the general provisions and residential treatment services
				  sections of these requirements, and the following standards:
A. The agency provides services, care, and
				supervision at all times, including maintenance of a minimum staff-to-child
				ratio of one to five during the day and evening shifts and one awake staff to
				ten clients during the night shift. Additional staff is provided when warranted
				by client acuity or other conditions.
B. A physical examination is completed by a
				licensed independent medical practitioner within one week of admission, and
				includes medical history, physical examination, assessment of pain, motor and
				sensorimotor functioning, speech, hearing, and language functioning, vision,
				immunizations, oral health, history of psychotropic medication use, and, when
				indicated an AIMS test. If a comprehensive medical history and physical
				examination have been completed within 30 days before admission, a durable,
				legible copy of this report may be used in the clinical record as a physical
				examination, but any subsequent changes must be recorded at the time of
				admission.
C. The agency evaluates
				the need for the following assessments, and when such assessments are
				indicated, they are completed in a thorough and timely manner: psychological,
				psychiatric, educational, vocational, legal, nutritional, developmental
				disabilities, and substance abuse.
D. The agency has a written plan to provide
				all necessary medical histories, physical examinations, and laboratory tests
				that the agency does not directly provide.
E. Infection control
(1) The agency has a comprehensive and
				functioning infection-control program based on proven epidemiological methods
				for surveillance and prevention of adverse outcomes related to
				infection.
(2) The agency uses
				preventive processes such as universal precautions to reduce risks for endemic
				and epidemic infections in clients and staff.
(3) Infection control policies, procedures,
				and practices include surveillance, identification, and control of infection,
				and required reporting to staff and public health authorities.
(4) A current certification stating that the
				employee is free from tuberculosis in a transmissible form, obtained prior to
				the first date of direct service.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.33 - COMPREHENSIVE COMMUNITY SUPPORT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Agencies certified for case management
				under these regulations or agencies receiving children's behavioral health
				contract funding for case management services as of 01/01/08 will receive
				provisional certification as a comprehensive community support services
				provider.
B. The provisional
				certification will be valid until the expiration of the agencies case
				management certification at which time a survey will be completed by the
				licensing and certification authority. Children's behavioral health contract
				agencies will have a survey completed within twelve (12) months of the issuance
				of the provisional certification.
C. All comprehensive community support
				services providers will have to meet the general provisions of these
				requirements and requirements in medicaid regulation Title 8, Chapter 315, Part
				6.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All residential treatment services that provide children and
				  adolescent mental health services as specified in these regulations.
A. These regulations apply to the following:
(1) public or private, profit or nonprofit
				residential facilities providing services as outlined by these
				regulations;
(2) any facility
				providing services as outlined by these regulations which by state or federal
				law or regulation must be licensed by the state of New Mexico.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  24-1-3,
				  24-1-5
				  and 9-2A-7(D) NMSA 1978
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 1999 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Establish
				minimum standards for licensing of health facilities that provide residential
				mental health services in order to promote the health, safety and welfare of
				children and adolescents in need of such services.
B. Provide for monitoring of facility
				compliance with these regulations through surveys to identify any factors that
				could affect the health, safety, and welfare of the clients or the
				staff.
C. Assure that the agency/
				facility establishes and follows written policies and procedures which specify
				how this is met.
D. To assure that
				adequate supervision must be provided at all times. Failure to provide a child
				or adolescent with the care, supervision and services outlined in these
				regulations is a violation of these regulations which could result in
				suspension, revocation or denial of licensure.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For the purpose of these regulations the following
				  apply.
A. "Abuse" means any act or
				failure to act, performed intentionally, knowingly or negligently that causes
				or is likely to cause harm to a client, including:
(1) physical contact that harms or is likely
				to harm a client of a facility;
(2)
				inappropriate use of a physical restraint, isolation, or medication that harms
				or is likely to harm a client;
(3)
				inappropriate use of restraint, medication, or isolation as punishment or in
				conflict with a physician's order;
(4) medically inappropriate conduct that
				causes or is likely to cause physical harm to a client;
(5) medically inappropriate conduct that
				causes or is likely to cause great psychological harm to a client;
(6) an unlawful act, a threat, or menacing
				conduct directed toward a client that results and might reasonably be expected
				to result in fear or emotional or mental distress to a client;
(7) abuse or neglect as defined in NMSA
				32A-4-2 (1997), or as amended.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.8 - RELATED REGULATIONS, LAWS AND CODES

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations supplement the following regulations, laws,
				  codes and any future amendments to such regulations or superseding
				  regulations.
A. New Mexico health
				department regulations governing the Control of Disease and Conditions of
				Public Health Significance 7.4.3 NMAC, effective August 15, 2003.
B. [RESERVED]
C. [RESERVED]
D. New Mexico health department regulations 7
				NMAC 1.3, Health Records, effective October 31, 1996.
E. New Mexico health department 7 NMAC 26.6,
				Requirements for Developmental Disabilities Community Programs, effective
				January 15, 1997.
F. New Mexico
				health department 7 NMAC 20.2, Comprehensive Behavioral Health Standards,
				effective January 1, 2000.
G. New
				Mexico health department 7 NMAC 20.2, Comprehensive Behavioral Health
				Standards, effective January 1, 2000.
H. New Mexico health department regulations 7
				NMAC 1.7, Health Facility Licensure Fees and Procedures, effective October 31,
				1996.
I. New Mexico health
				department regulations 7 NMAC 1.2, Adjudicatory Hearings, effective February 1,
				1996.
J. New Mexico health
				department regulations 8.8.3 NMAC, Governing Background Records Checks and
				Employment History Verification, effective October 30, 2003.
K. New Mexico health department 7.6.2 NMAC,
				Food Service and Food Processing, effective August 12, 2000.
L. New Mexico drug laws and board of pharmacy
				regulations, 16.19.1 NMAC through 16.19.29 NMAC.
M. The latest edition adopted by the New
				Mexico state fire board of the National Fire Protection Association Life Safety
				Code Handbook 101, June 9, 1997.
N.
				The latest edition of the building code adopted by the New Mexico construction
				industries division of the Uniform Building Code enacted by the international
				conference of building officials.
O. New Mexico health department regulations
				7.5.2 NMAC, Immunization Requirement, effective September 1, 2000.
P. Health facility licensure fees and
				procedures, department of health, 7 NMAC 1.7, effective October 31,
				1996.
Q. 7.20.11 NMAC,
				Certification Requirements for Child and Adolescent Mental Health Services,
				effective March 29, 2002.
R. Health
				facility sanctions and civil monetary penalties 7 NMAC 1.8, effective October
				31, 1996.
S. 7 NMAC 1.2,
				Adjudicatory Hearings, effective February 1, 1996.
T. New Mexico Childrens Code NMSA 32A-1-1 et.
				seq. (2004).
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.9 - STANDARD OF COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				degree of compliance required throughout these regulations is designated by the
				use of the words, "must" or "may". "Must" means mandatory. "May" means
				permissive.
B. The use of the words
				"adequate", "proper", and other similar words mean the degree of compliance
				that is generally accepted throughout the professional field by those who
				provide residential or day-treatment services to the public in facilities
				governed by these regulations.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.11 - INITIAL LICENSURE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
To apply for a license for a facility pursuant to these
				  regulations the following procedures must be followed by the applicant.
A. These regulations must be used as a
				reference for design of a new building, renovation or addition to an existing
				building. The applicant of the proposed facility must advise the LCA of its
				intent to open a facility pursuant to these regulations.
B. Floor and site plans: All applications for
				initial licensure must be accompanied by a set of floor plans for the facility.
(1) Floor and site plans are of professional
				quality, on substantial paper of at least 18" x 24", and are drawn to an
				accurate scale of 1/4" to 1'.
(2)
				Floor plans include:
(a) proposed use of each
				room, e.g., staff's bedroom, staff's toilet, children's bedrooms (include
				number of children intended to sleep in each room), living room, kitchen,
				laundry, etc.;
(b) interior
				dimensions of all rooms;
(c) one
				building or wall section showing exterior and interior wall construction;
				section includes floor, wall, ceiling, and the finishes, e.g., carpet, tile,
				gypsum board with paint, wood paneling;
(d) door types, swing, and sizes of all
				doors, e.g., solid core, hollow core, 3'0" x 6'8" x 1 3/4" thick;
(e) air conditioning, if
				applicable;
(f) all sinks, tubs,
				showers and toilets;
(g) windows
				including size, type, sill height, and openable area;
(h) any level changes within the building,
				e.g., sunken living room, ramps, steps;
(i) a site/plot plan must be provided to
				indicate surrounding conditions including all steps, ramps, parking, walks and
				any permanent structures;
(j)
				indicate if the building is new construction, remodeled or alteration addition;
				if remodeled or an addition, the plans indicate existing and new construction
				plans.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.12 - LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Annual license:
				The LCA may, at its sole discretion, issue a license for up to one year to a
				facility which is determined to be in substantial compliance with these
				regulations.
B. Temporary license:
				The LCA may, at its sole discretion, issue a temporary license prior to the
				initial on-site survey, or if upon an on-site survey if it determines the
				facility to be in partial compliance with these regulations.
(1) A temporary license may cover, depending
				upon the severity/chronicity of the deficiencies and at the discretion of the
				LCA, any period of time, not to exceed 180 calendar days, during which time the
				facility must correct all specified deficiencies. In order to be issued a
				temporary license, deficiencies may not be violations of health and safety
				standards.
(a) The facility must submit an
				action plan within the time frame the LCA determines. The LCA approves the
				action plan. The facility is then either inspected on-site again, or is
				required to submit proof of correction through submission of appropriate and
				relevant documentation within the time frame the LCA specifies.
(b) If the facility does not meet licensing
				requirements at the end of the temporary licensure period, a sanction is
				imposed along with a second temporary license or the temporary license expires.
				Only two consecutive temporary licenses are granted.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.13 - LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				licensee submits a renewal application on the forms obtained from the LCA,
				along with the required fee, within 60 days prior to the expiration of the
				current license.
B. Upon receipt of
				the renewal application and required fee, and prior to the expiration of the
				current license, the LCA conducts an on-site survey and issues 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. NMSA 1978 24-l-5 (a) (1997) or as amended,
				provides that no health facility is operated without a license. If a licensee
				fails to submit a renewal application with the required fee and the current
				license lapses, the facility ceases operations until it obtains a new license
				through the initial licensure procedures.
D. If the licensee submits the required
				renewal application and the LCA does not survey a facility by the expiration
				date of the current license, the current license continues in effect until the
				LCA conducts a renewal survey and issues a new license.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.14 - POSTING OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The facility's license is posted on the licensed premises in
				  an area visible to the public.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.15 - NON-TRANSFERABLE RESTRICTIONS ON A LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A license is nontransferable otherwise to other persons or
				  locations.
A. The license is null and
				void and is returned to the LCA when any one of the following situations occur:
(1) ownership of the facility
				changes;
(2) the facility changes
				location;
(3) the licensee of the
				facility changes;
(4) the facility
				discontinues or suspends operations.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.16 - AUTOMATIC EXPIRATIONS OF A LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. a license automatically expires at
				midnight on the day indicated on the license as the expiration date, unless
				renewed, suspended, or revoked; or
B. the day a facility discontinues or
				suspends operation; or
C. the day a
				facility is sold, leased, or otherwise changes ownership and/or licensee;
				or
D. the day a facility changes
				location.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.17 - SUSPENSION OR REVOCATION OF A LICENSE OR IMPOSITION OF EMERGENCY SANCTIONS WITHOUT PRIOR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with Section 24-1.5 (H) NMSA 1978, if immediate
				  action is required to protect human health and safety, the LCA may immediately
				  suspend or revoke a license or impose emergency sanctions pending a hearing,
				  provided such hearing is held within five working days of such action, unless
				  waived by the licensee.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.18 - GROUNDS FOR REVOCATION, SUSPENSION OF LICENSE, DENIAL OF INITIAL OR RENEWAL APPLICATION FOR LICENSE, OR IMPOSITION OF SANCTIONS

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 sanctions may be imposed after notice
				  and opportunity for a hearing, for any of the following:
A. failure to comply with any provision(s) of
				these regulations;
B. failure to
				allow surveys by authorized representatives of the LCA;
C. employment of any person convicted of a
				felony or misdemeanor including a misdemeanor involving moral turpitude or
				presence at a facility of a staff member under the influence of alcohol or
				mood-altering drugs; if after employment, a staff member is charged and/or
				convicted of a felony or misdemeanor involving moral turpitude and it is known
				to the agency, it is immediately reported to the LCA;
D. purposeful or intentional
				misrepresentation(s) or falsification(s) of any information on application
				forms or other documents provided to the LCA;
E. discovery of repeat violations of these
				regulations or failure to correct deficiencies of survey findings in current or
				past contiguous or noncontiguous licensure periods;
F. presence of and/or a history of licensure
				revocation, suspension, denial, sanction or penalty or other similar
				disciplinary actions taken by regulatory bodies in other states regardless of
				whether any of these actions resulted in a settlement in lieu of a
				sanction;
G. failure to provide the
				required care and services as outlined by these regulations for the clients
				receiving care at the facility;
H.
				exceeding licensed capacity, except in an emergency.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.19 - HEARINGS AND APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Appeals
				of any sanction except revocation or suspension of a license or imposition of
				emergency sanction(s) without prior hearing as outlined in Section 17 above,
				are made in writing to the LCA within 10 business days of receipt of the
				official notice of revocation, suspension, denial of licensure or
				sanction.
B. When an appeal is
				filed the sanction is stayed until a hearing is held and final determination
				issued or an informal resolution reached, unless it is an emergency revocation
				or suspension of license or imposition of emergency sanctions. A hearing will
				be held within 30 calender days.
C.
				The entity filing the appeal may also request an informal resolution conference
				at that time. The purpose of the informal resolution conference is to allow the
				entity receiving the sanction an opportunity to present information on plans to
				remedy deficiencies and discuss possible pre-hearing dispositions. This does
				not apply to the emergency revocation or suspension of a license or to the
				imposition of emergency sanctions.
D. The LCA and the licensee may informally
				resolve any filed or potential appeal arising from the imposition of sanctions.
				However, in the case of an emergency revocation or suspension of licensure
				and/or the imposition of an emergency sanction, there is no stay
				available.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.21 - CURRENTLY LICENSED FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				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, at the discretion of the LCA,
				continue to be licensed as a residential facility.
B. Variances may be granted for those
				building requirements the facility cannot meet, provided:
(1) the variances granted will not create a
				hazard to the health, safety and welfare of the clients and staff or otherwise
				deny access to any disabled person who is otherwise qualified to receive
				services from the facility; and
(2)
				the building requirements for which variances are granted cannot be corrected
				without an unreasonable expense to the facility; and
(3) variances are not in conflict with
				existing building and fire codes; and
(4) variances granted are recorded and made a
				permanent part of the facility file; and
(5) variances granted continue to be in
				effect as long as the facility continues to provide services pursuant to these
				regulations and meet the criteria of Subsection A of 7.20.12.21 NMAC above;
				these variances are not transferred to a different facility or
				transferred/assigned upon the sale of the facility.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.22 - NEW FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a
				facility is opened in an existing building, a variance may be granted for those
				building requirements the facility cannot meet under the same criteria outlined
				in Paragraphs (1), (2) and (3) of Subsection B of 7.20.12.21 NMAC of these
				regulations and if not in conflict with existing building and fire codes. Such
				a variance is granted at the sole discretion of the LCA.
B. A new facility opened in a newly
				constructed building must meet all requirements of these regulations.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.23 - FACILITY SURVEYS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				survey by the LCA is conducted at a minimum of once per year in each facility
				licensed pursuant to these regulations. Additional surveys or on-site visits
				may be made to provide the facility with technical assistance, and/or to
				assess/monitor progress with correction of violations found on previous surveys
				or to investigate complaints or allegations of abuse, neglect or
				exploitation.
B. The facility is
				provided with a written report of the findings within 20 business days of
				completion of the survey.
C. The
				facility may be required to submit an action plan, approved by the LCA, within
				15 business days of receipt of the findings. The action plan may be a directed
				action plan due to the serious nature of the deficiencies and the LCA will
				expect health and safety deficiencies to be corrected immediately.
D. The LCA, at its sole discretion, may
				accept the action plan as written or require modifications of the action plan
				by the licensee.
E. Application for
				licensure, whether initial or renewal, constitutes permission for entry into,
				and surveys of, a facility by the authorized LCA representatives at reasonable
				times while the application is pending, and if licensed, during the licensure
				period.
F. LCA surveyors have the
				right to enter upon and into the premises of any facility which is licensed or
				required to be licensed, whether or not an application for licensure has been
				made, at any reasonable time for the purpose of determining the state of
				compliance with these regulations.
G. On-site surveys are announced or
				unannounced at the sole discretion of the LCA.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.24 - REPORTING OF INCIDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All facilities licensed pursuant to these regulations must
				  report to the LCA within 24 hours, any serious incident or unusual occurrence
				  which has, or could threaten the health, safety, or welfare of the clients or
				  staff of the facility. Such incidents may include, but are not limited
				  to:
A. fire, flood, or other natural
				disaster which creates structural damages to the facility or poses health
				hazards;
B. any outbreak of
				contagious disease dangerous to the public health;
C. any human act(s) by staff members of the
				facility which presents or poses possible physical and/or psychological health
				hazards;
D. any human act(s) by
				staff member(s) of the facility which results in the serious illness, injury,
				or physical and/ or psychological impairment of a client;
E. any death of a client;
F. any suspected client abuse, neglect or
				exploitation of a client, as defined in these regulations;
G. incidents that include acts of physical
				harm to a client or by staff or other clients;
H. absence of clients without permission,
				including not returning from a pass, for longer than 24 hours past the
				designated return time;
I. any
				non-informational call made to poison control involving potential harm to a
				client or resulting in treatment of a client.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.25 - COMPLAINT AND INVESTIGATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Submission of complaints: Complaints
				regarding any facility licensed pursuant to these regulations are submitted to
				the LCA.
(1) Complaints are submitted in
				writing and may be signed by the complainant.
(2) Complainants who telephone the LCA are
				able to provide necessary information needed by the LCA in order to document
				the complaint.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.26 - CAPACITY OF A FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
The capacity of a facility licensed pursuant to these
				  regulations is determined by the following.
A. All residential treatment facilities are
				limited to a total capacity of 16 children in a single residential
				building.
B. By square footage of
				childrens sleeping rooms as specified by these regulations.
C. The capacity as reflected on the license
				issued to a facility licensed pursuant to these regulations must not be
				exceeded at any time. Exception: The facility may exceed its licensed capacity
				for a period not to exceed 72 hours due to emergency placements by families,
				juvenile probation and parole officers, sheriff, police, court or protective
				services. The facility notifies the LCA within one business day of the
				event.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.27 - 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
				  maintains the following reports and records on file and makes them available
				  for review upon request by the LCA.
A.
				Exception: Agencies having multiple facilities in the same city or town may
				keep reports and records on file in a central location. For such facilities the
				information is made readily available to the LCA and includes:
(1) a copy of the latest fire inspection
				report by the fire authority having jurisdiction; and
(2) a copy of the last survey conducted by
				the LCA including any variances granted; and
(3) records of monthly fire and emergency
				evacuation drills conducted by the facility; and
(4) health certificates of staff;
				and
(5) agreements or contracts
				with other health care providers to provide services that are not available in
				the facility, if applicable; and
(6) a copy of a current pharmacy license, if
				applicable; and
(7) latest
				inspection of drug room by state board of pharmacy, if applicable;
				and
(8) New Mexico environment
				department approval of private waste or sewage disposal, if
				applicable.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 12 - LICENSING REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES › Section 7.20.12.28 - FACILITY RULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				facility has written rules which are age appropriate and clear and
				understandable to the children in care. The rules include but are not limited
				to the following:
(1) the use of tobacco or
				alcohol;
(2) the use of the
				telephone;
(3) visitors and
				visiting hours;
(4) daily routine
				of the facility such as bed times, free time, study hours, use of personal
				possessions, playing of radios and watching television; and
(5) leaving the premises of the
				facility.