reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.40 - HEATING, VENTILATION AND AIR CONDITIONING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Heating, air-conditioning, piping,
				boilers, and ventilation equipment must be furnished, installed and maintained
				to meet all requirements of current state and local mechanical, electrical, and
				construction codes. All facilities must have documentation that fuel-fire
				heating systems have been checked, tested and maintained annually by qualified
				personnel.
B. The heating method
				used by the facility must provide a minimum temperature of 70 degrees farenheit
				in all rooms used by the clients.
C. An ample supply of outside air for proper
				combustion must be provided in all spaces where fueled fired boilers or heaters
				are located.
D. All gas fired
				heating equipment must be provided with a one hundred percent automatic cutoff
				control valve in event of pilot failure.
E. Each building where gas is used must have
				an outside gas shutoff valve. The facility must have a tool readily available
				which will operate the shut-off valve. All personnel employed by the facility
				must be instructed as to location of the shut-off valve and tool and must know
				how to shut off the gas supply in case of fire or gas leakage.
F. No open-face gas or electric heater nor
				unprotected single shell gas or electric heating device shall be used for
				heating the facility. Portable heating units shall not be used for heating the
				facility.
G. All boiler, furnace or
				heater rooms shall be protected from other parts of the building by
				construction having a fire resistance rating of not less than one-hour. Doors
				to these rooms shall be 1-3/4" solid core.
H. A facility must be adequately ventilated
				at all times to provide fresh air and the control of unpleasant odors by either
				mechanical or natural means.
I. All
				gas burning heating and cooking equipment must be connected to an approved
				venting system to take the products of combustion directly to the outside
				air.
J. All openings to the outer
				air used for ventilation must be screened with screening material of not less
				than 16 meshes per lineal inch.
K.
				Screen doors must be equipped with self-closing devices.
L. A facility must be provided with a system
				for maintaining residents comfort during periods of hot
				weather.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.41 - WATER HEATERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All fuel
				fired water heaters shall be separated from other parts of the facility by
				partitions having a fire resistive rating of one hour. Doors to enclosure must
				be one and three quarter inches solid core.
B. All water heaters must be equipped with a
				pressure relief valve (pop-off valve).
C. Water heaters must not be located in
				sleeping rooms or rooms opening into sleeping rooms.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.42 - WATER

Current through Register Vol. 35, No. 13, July 16, 2024
A. A facility 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.
C. Hot and cold running water under pressure
				must be distributed to all food preparation areas, lavatories, washrooms, and
				laundries. The hot water temperature in all rooms accessible to clients must be
				maintained at a maximum of 110 degrees farenheit.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.43 - 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 environmental
				health authority.
C. Where
				municipal or community garbage collection and disposal service are not
				available the method of collection and disposal of garbage used by the facility
				must be inspected and approved by the New Mexico environment
				department.
D. All garbage and
				refuse receptacles must be durable, have tight fitting lids, must be insect and
				rodent proof, washable, leak proof, and constructed of material which will not
				absorb liquids. Receptacles must be kept clean.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.44 - LIGHTING AND LIGHTING FIXTURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All areas of the facility including storerooms, stairways, hallways, and
				entrances must be lighted sufficiently to make all parts of the area clearly
				visible.
B. Exits, exit-access
				ways, and other areas used at night by clients and staff must be
				illuminated.
C. Lighting fixtures
				must be selected and located with the comfort and convenience of the clients in
				minds.
D. Lamps and lighting
				fixtures must be shaded to prevent glare to the eyes of clients and staff, and
				shielded from accidental breakage or shattering.
E. A facility must be provided with emergency
				lighting which will activate automatically upon disruption of electrical
				services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.45 - ELEMENTS OF FACILITY ELECTRICAL SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Electrical installations and electrical
				equipment must comply with all current state and local codes.
B. All fuse and breaker boxes must be labeled
				to indicate the area of the facility to which each fuse or circuit breaker
				provides services.
C. The main
				electrical service line must have a readily available disconnect switch. All
				staff personnel of the facility must know the location of the electrical
				disconnect switch in each building to which such staff are regularly
				assigned.
D. The use of jumpers or
				devices to bypass circuit breakers or fuses is prohibited.
E. Electrical cords and appliances must be
				U/L approved.
(1) Electrical cords shall be
				replaced as soon as they show wear.
(2) Under no circumstances shall extension
				cords be used as a general wiring method.
(3) Extension cords must be plugged into an
				electrical outlet within the room where used and may not be connected in one
				room and extended to some other room.
(4) Extension cords must not be used in
				series.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.46 - WINDOWS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each resident
				sleeping room and activity room must have window area of at least one tenth the
				floor area with a minimum of at least 10 square feet.
B. Each sleeping room must provide at least
				one window for egress or rescue with a minimum net clear opening of five point
				seven square feet. The minimum net clear opening for height dimension shall be
				24 inches. The minimum net clear opening width dimension shall be 20
				inches.
C. Egress and rescue
				windows shall have a finished sill height of not more than 44 inches above the
				floor. Exception: If a sleeping room has a door directly to the outside,
				egress/rescue window is not required.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.47 - EXITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each building
				must have at least two approved exits.
B. Each exit will be clearly marked with
				signs having letters at least six inches high whose principal strokes are at
				least three fourths of an inch wide. Exit signs shall be visible at all
				times.
C. Exits must be clear of
				obstructions at all times.
D.
				Exits, exit paths, or means of egress shall not pass through hazardous areas,
				storerooms, closets, bedrooms, or spaces subject to locking.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.48 - CORRIDORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Corridors in a
				facility must have a minimum width of 36 inches. Corridors in newly constructed
				facilities shall have a minimum width of 44 inches.
B. Corridors shall have a clear ceiling
				height of not less than seven feet measured to the lowest projection from the
				ceiling.
C. Corridors shall be
				maintained clear and free of obstructions at all times.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.49 - MINIMUM ROOM DIMENSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				habitable rooms in a facility shall have a ceiling height of not less than
				seven feet six inches. Kitchens, halls, bathrooms and toilet compartments will
				have a ceiling height of not less than seven feet.
B. All habitable rooms other than a kitchen
				shall be not less than seven feet in any dimension.
C. Any room with sloped ceiling is subject to
				review and approval or disapproval by the licensing authority, based upon
				Uniform Building Code computation of minimum area.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.50 - DOORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All client
				sleeping room doors must be at least one and three quarter inches bonded solid
				core with a minimum width of 30 inches.
B. All exit doors must have a minimum width
				of 36 inches.
C. All doors to
				toilet and bathing facilities must have a minimum width of 24 inches.
D. Locks on doors to toilets, if used, shall
				be of such type that the lock can be released from the outside.
E. Exit doors leading to the outside of the
				facility with a capacity of 10 or more clients must open outward. Exit doors
				may be provided with a night latch, dead bolt, or security chain, provided such
				devices are openable from the inside without the use of a key, tool, or any
				special knowledge and are mounted at a height not to exceed 48 inches above the
				finished floor.
F. If locks are not
				readily openable by all occupants within the building, then the locks must:
(1) unlock upon activation of the fire
				detection or sprinkler system;
(2)
				unlock upon loss of power in the facility. The facility must have written
				approval from the fire authorities having jurisdiction prior to installing such
				locking devices.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.51 - CLIENT ROOMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each client
				room must be an outside room.
B.
				There must be no through traffic in client rooms.
C. Client rooms must communicate directly
				with other areas of the facility.
D. Client rooms must be private or
				semi-private.
E. Private rooms must
				have at least 100 square feet of floor area. Closet and locker area shall not
				be counted as part of the available floor space.
F. Semi-private rooms must have at least 80
				square feet of floor area for each bed. Closet and locker area shall not be
				counted as part of the available floor space.
G. Client rooms will have beds spaced at
				least three feet apart.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.52 - TOILET AND BATHING FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Toilets and sinks for residents in a facility must be provided in a ratio of at
				least one toilet and one sink for every eight clients.
B. If a facility has a capacity greater than
				five and provides service to both male and female clients, separate facilities
				must be provided for each sex in the same ratio as stated above.
C. Showers or tubs must be provided for the
				clients use in the same ratio as stated in Subsections A and B above. At least
				one tub and one shower must be provided to allow for residents bathing
				preference.
D. The combination type
				tub and shower is permitted.
E.
				Toilets, tubs, and showers must be provided with grab bars.
F. If a facility has live-in staff, a
				separate toilet, hand washing, and bathing facilities for staff must be
				provided.
G. Tubs and showers must
				have a slip resistant surface.
H.
				Toilet, hand washing, and bathing facilities must be readily available to the
				clients. No passage through a client room by another client to reach a toilet,
				bath, or hand washing facility is permitted.
I. All facilities must have at least one
				toilet and bathing facility which meets requirements for handicapped.
J. Toilet paper and soap must be provided in
				each toilet room.
K. The use of a
				common towel is prohibited.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.53 - 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 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.54 - FIRE CLEARANCE AND INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Written documentation from the state fire marshall's office or fire prevention
				authority having jurisdiction evidencing a facility's compliance with
				applicable fire prevention codes shall be submitted to the licensing authority
				prior to issuance of a initial license.
B. Each facility shall request, from the
				local fire prevention authorities, an annual fire inspection. If the policy of
				the local fire department does not provide for annual inspection of the
				facility, the facility will document the date the request was made and to whom.
				If the local fire prevention authorities do make annual inspections, a copy of
				the latest inspection must be kept on file in the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.55 - FIRE ALARMS, SMOKE DETECTORS AND OTHER FIRE EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The facility shall be equipped with an
				approved, manually operated alarm system or other continuously sounding alarm
				approved in writing by the fire authority having jurisdiction.
B. Approved smoke detectors powered by house
				electrical service shall be installed to provide, when activated, an alarm
				which is audible in all sleeping areas. Smoke detectors must be installed in
				corridors at no more than 30 foot spacing. Areas of assembly, such as the
				dining and living room, must be provided with smoke detectors. All smoke
				detectors must be connected to the electrical system of the facility and have
				battery back-up.
C. Heat detectors
				shall be installed in all enclosed kitchens and also powered by the facility
				electrical service.
D. Fire
				extinguishers, as approved by the state fire marshall or fire prevention
				authority having jurisdiction, must be located in the facility. Facilities
				must, as a minimum, have two 2A10BC fire extinguishers, one located in the
				kitchen or food preparation area, and one centrally located in the facility.
				All fire extinguishers shall be inspected yearly and recharged as needed. All
				fire extinguishers must be tagged noting the date of inspection.
E. Fire extinguishers, alarm systems,
				automatic detection equipment, and other fire fighting equipment must be
				properly maintained and inspected as recommended by the manufacturer, state
				fire marshall, or fire authority having jurisdiction. Documentation of these
				inspections must be maintained on file in the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.56 - STAFF AND CLIENT FIRE AND SAFETY TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. All staff personnel of the facility must
				know the location of and be instructed in proper use of fire fighting equipment
				and other procedures to be observed in case of fire or other emergencies. The
				facility should request the local fire prevention authority to give periodic
				instructions in the use of fire prevention and techniques of
				evacuation.
B. 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, blocked exits or exit ways, and any other condition which could cause
				burns, falls, or other personal injury to the clients or staff.
C. Each new client must, upon being accepted
				into the facility, be given an orientation tour of the facility to include, but
				not be limited to, the location of the exits, fire extinguishers, and
				telephones, and shall be instructed in action to be taken in case of fire or
				other emergency.
D. Fire drills and
				evacuation drills: The facility must conduct at least one fire drill each
				month.
(1) Fire drills must be held at
				different times of the day.
(2) The
				fire alarm system or detector system in the facility shall be used in the
				conduct of fire drills.
(3) In the
				conduct of fire drills, emphasis must be placed upon orderly evacuation under
				proper discipline rather than upon speed.
(4) A record of fire drills held must be
				maintained on file in the facility. Such record must show date and time of the
				drill, number of personnel participating in the drill, any problem noted during
				the drill and the evacuation time in total minutes.
(5) The local fire department should be
				requested to supervise and participate in fire drills.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.57 - PROVISIONS FOR EMERGENCY CALLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				easily accessible telephone for summoning help in case of emergency must be
				available in each facility. A pay telephone will not fulfill this
				requirement.
B. A list of emergency
				numbers, including, but not limited to, fire department, police department,
				ambulance services, and poison control center, shall be posted by each
				telephone in the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.58 - SMOKING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Smoking by
				clients and staff must only be done in supervised areas designated by the
				facility and approved by the state fire marshall or local fire prevention
				authorities. Smoking must not be allowed in a kitchen or food preparation
				area.
B. All designated smoking
				areas must be provided with suitable ashtrays.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.59 - ACCESS REQUIREMENTS FOR THE HANDICAPPED IN NEW FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Accessibility to the handicapped must be provided in all
				  facilities in accordance with ANSI standards and shall include the
				  following:
A. main entry into the
				facility must be ground level or ramped to allow wheelchair access;
B. building must allow access to main living
				area and dining area;
C. access to
				at least one bedroom is provided which requires a door clearance of 34
				inches;
D. access to at least one
				toilet and bathing facility is required which requires a minimum door clearance
				of 34 inches, 36 inches is recommended. Toilet and bathing area must also
				provide a 60 inch diameter clear space (turning radius for a
				wheelchair);
E. if ramps are
				provided to the building, slope must be at least 12 inches horizontal run for
				each one inch of vertical rise;
F.
				ramps leading to doorway must have a five foot by five foot level area at the
				doorway;
G. ramps exceeding a six
				inch rise shall be provided with handrails;
H. Requirements contained herein are minimum
				and additional handicap requirements may apply depending on size and complexity
				of the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.60 - GOVERNING BODY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				facility licensed pursuant to these regulations must have a governing body
				that:
(1) exercises general direction over
				the affairs of the facility.
(2)
				establishes policies concerning the operation of the facility and the welfare
				of the individuals it serves.
(3)
				establishes qualifications for the administrator in the following areas:
(a) education;
(b) experience;
(c) personal factors;
(d) skills;
(4) appoints the administrator.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.61 - ADMINISTRATOR

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility licensed pursuant to these regulations must
				  have an administrator appointed by the governing body who acts for the
				  governing body in the overall management of the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.62 - QUALIFIED MENTAL RETARDATION PROFESSIONAL

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility licensed pursuant to these regulations must
				  have a qualified mental retardation professional. A qualified mental
				  retardation professional is a person who has specialized training or one year
				  of experience in treating or working with the mentally retarded and is one of
				  the following:
A. a psychologist with
				a masters degree from an accredited program;
B. a licensed doctor of medicine or
				osteopathy;
C. an educator with a
				degree in education from an accredited program;
D. a social worker with a bachelors degree
				in:
(1) social work from an accredited
				program; or
(2) a field other than
				social work and at least three years of social work experience under the
				supervision of a qualified social worker.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.63 - INTERDISCIPLINARY TEAM

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility licensed pursuant to these regulations must
				  have an interdisciplinary team assigned to each client.
A. Each interdisciplinary team shall be
				composed of staff members including direct care staff and individuals including
				the client's family or guardian who are involved or interested in meeting the
				client's active treatment needs.
B.
				Interdisciplinary teams must:
(1) evaluate
				each client's needs;
(2) plan an
				individualized habilitation program to meet each client's identified
				needs;
(3) quarterly review each
				client's responses to their program and revise the program
				accordingly.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.64 - SUPPORT STAFF

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility licensed pursuant to these regulations must
				  have either adequate staff not involved in direct care to clients or
				  contractual services to perform the following functions:
A. administration;
B. fiscal;
C. clerical;
D. housekeeping and maintenance.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.65 - DIRECT CARE STAFF

Current through Register Vol. 35, No. 13, July 16, 2024
Direct care staff must make care and development of the
				  clients, their primary responsibility, this includes training of each client in
				  the activities of daily living and in the development of self-help and social
				  skills.
A. The facility management
				must insure that the direct care staff are not diverted from their primary
				responsibilities by housekeeping or clerical duties or other activities not
				related to client care.
B. Members
				of the direct care staff from all shifts must participate in appropriate
				activities relating to the care and development of the client including at
				least, referral, planning, initiation, coordination, implementation,
				follow-through, monitoring and evaluation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.66 - STAFF EVALUATION AND DEVELOPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A facility licensed pursuant to these regulations must have a
				  written plan for the orientation, on-going staff development, supervision, and
				  evaluation of all staff members.
A.
				The facility must have a staff training program appropriate to the size and
				nature of the facility that includes:
(1)
				orientation for each new employee to acquaint them with the philosophy,
				organization, program, practices and goals of the facility;
(2) orientation for each new employee on the
				facility's emergency and safety procedures;
(3) orientation for each new employee on the
				policies and procedures of the facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.67 - ORGANIZATION CHART

Current through Register Vol. 35, No. 13, July 16, 2024
The facility must have an organization chart that shows the
				  following:
A. the major operating
				programs of the facility;
B. the
				staff divisions of the facility;
C.
				the administrative personnel in charge of the programs and divisions;
D. the lines of authority, responsibility and
				communication for administrative personnel.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.68 - HEALTH REQUIREMENTS FOR STAFF

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to employment all staff must obtain
				a health certificate stating that they are free from tuberculosis.
B. Health certificate means a completed New
				Mexico health care authority, public health division form 015, "health
				certificate" signed by a physician licensed in New Mexico or a public health
				nurse in one of the public health division health offices who is acting for the
				state tuberculosis control officer.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.69 - STAFF/CLIENT RATIOS

Current through Register Vol. 35, No. 13, July 16, 2024
For each facility regardless of organization or design must
				  have, as a minimum, overall staff/client ratios (allowing for a five day work
				  week plus holiday, vacation and sick time) as shown below:
A. Those facilities serving children under
				the age of six years, severely and profoundly retarded, severely physically
				handicapped, or client's who are aggressive, assaultive, or security risks, or
				who manifest severely hyperactive or psychotic-like behavior, the overall ratio
				is one staff member to three point two (3.2) clients.
B. Those facilities serving moderately
				retarded clients requiring habit training, the overall ratio is one staff
				member to four clients.
C. Those
				facilities serving clients in vocational training programs and adults who work
				in sheltered employment situation, the overall ratio is one staff member to six
				point four (6.4) clients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.70 - CRIMINAL RECORDS CHECK AS CONDITION OF EMPLOYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. All staff of a facility providing services
				must apply for a nationwide criminal records check and employment history in
				compliance with New Mexico regulations governing criminal records
				check.
B. Copies of the above cited
				regulations will be provided by the health care authority, caregivers criminal
				history screening program.
C.
				Fingerprint cards, instructions, and employment history forms will be provided
				by the health care authority, caregivers criminal history screening
				program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.71 - ACTIVE TREATMENT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
Each client must receive a continuous active treatment
				  program, which includes aggressive, consistent implementation of a program of
				  specialized and generic training, treatment, health services, and related
				  services as described in these regulations, that is directed toward:
A. the acquisition of the behaviors necessary
				for the client to function with as much self determination and independence as
				possible;
B. the prevention of
				deceleration of regression or loss of current optimal functional
				status;
C. clients who are admitted
				by the facility must be in need of receiving active treatment
				services;
D. active treatment does
				not include services to maintain generally independent clients who are able to
				function with little supervision or in the absence of a continuous active
				treatment plan.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.72 - CLIENT ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Every facility licensed pursuant to these regulations must
				  develop an activity schedule for each client that:
A. The amount of daily active treatment a
				person receives should be based on the individual needs of that person and
				planned and provided for by the facility in both formal and informal settings
				directed at achieving needed and possible independence. To the extent possible,
				the active treatment schedule should allow for the flexible participation of
				the individual in a broad range of options, rather than a fixed
				routine.
B. Allows free time for
				individual or group activities using appropriate materials.
C. Includes planned outdoor periods all year
				round.
D. Each client's activity
				schedule must be available to direct care staff and be carried out
				daily.
E. The facility must insure
				that a multiple-handicapped or non-ambulatory client:
(1) spends a major portion of the waking day
				out of bed;
(2) spends a portion of
				the waking day out of their bedroom area;
(3) has planned daily activity and exercise
				periods;
(4) moves around by
				various methods and devices whenever possible.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.73 - PERSONAL POSSESSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The facility must allow the clients to have personal
				  possessions such as toys, books, pictures, games, radios, arts and crafts
				  materials, religious articles, toiletries, jewelry, and letters.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.74 - CONTROL AND DISCIPLINE OF CLIENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The facility must have written policies and procedures for
				  the control and discipline of clients that are available in each living unit
				  and to parents and guardians.
A. If
				appropriate, clients must participate in formulating these policies and
				procedures.
B. The facility must
				not allow:
(1) corporal punishment of a
				client;
(2) a client to discipline
				another client unless it is done as part of an organized self-government
				program conducted in accordance with written policy;
(3) a client to be placed alone in a locked
				room.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.75 - PHYSICAL RESTRAINT OF CLIENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as provided for behavior modification programs, the
				  facility may allow the use of physical restraint on a client only if absolutely
				  necessary to protect the client from injuring himself or others.
A. The facility may not use physical
				restraint:
(1) as punishment;
(2) for the convenience of the
				staff;
(3) as a substitute for
				activities or treatment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.76 - MECHANICAL DEVICES USED FOR PHYSICAL RESTRAINT

Current through Register Vol. 35, No. 13, July 16, 2024
Mechanical devices used for physical restraint must be
				  designed and used in a way that causes the client no physical injury and the
				  least possible physical discomfort.
A.
				A totally enclosed crib or a barred enclosure is a physical
				restraint.
B. Mechanical supports
				used to achieve proper body position and balance are not physical restraints.
				However, mechanical supports must be designed and applied:
(1) under the supervision of a qualified
				professional;
(2) in accordance
				with principles of good body alignment, concern for circulation, and allowance
				for change of position.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.77 - CHEMICAL RESTRAINT OF CLIENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The facility shall not use chemical restraints in the
				  following manner:
A.
				excessively;
B. as
				punishment;
C. for the convenience
				of the staff;
D. as a substitute
				for activities or treatment;
E. in
				quantities that interfere with a client habilitation program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.78 - BEHAVIOR MODIFICATION PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Aversive stimuli": things or events that
				a client finds unpleasant or painful that are used to immediately discourage
				undesired behavior may be used by the facility as a means of behavior
				modification.
B. "Time out": a
				procedure designed to improve a client's behavior by removing positive
				reinforcement when their behavior is undesirable may be used by the facility as
				a means of behavior modification.
C. Behavior modification programs involving
				the use of aversive stimuli or time out must be:
(1) reviewed and approved by the facility's
				human rights committee and the qualified mental retardation
				professional;
(2) conducted only
				with the consent of the affected client's parents or legal guardian;
(3) described in written plans that are kept
				on file in the facility;
(4) a
				physical restraint used as a time-out device shall be applied only during
				behavior modification exercises and only in the presence of the
				trainer.
(5) time-out devices and
				aversive stimuli may not be used for longer than one hour for time-out purposes
				involving removal from a situation, and then only during the behavior
				modification program and only under the supervision of the trainer.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.79 - GROUPING AND ORGANIZATION OF LIVING UNITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A facility licensed pursuant to these
				regulations may not house clients of grossly different ages, developmental
				levels, and social needs in close physical or social proximity unless the
				housing is planned to promote the growth and development of all those housed
				together.
B. The facility may not
				segregate clients on the basis of their physical handicaps. It must integrate
				residents who are mobile, nonambulatory, deaf, blind, epileptic, and so forth
				with others of comparable social and intellectual development.
C. Individual living units may not be located
				within 150 feet of each other.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.80 - RECREATION SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The facility must coordinate recreational services with other
				  services and programs provided to each client in order to:
A. make the fullest possible use of the
				facility's resources;
B. maximize
				benefits to the clients;
C. design
				and construct or modify recreation areas and facilities so that all residents,
				regardless of their disabilities have access to them;
D. provide recreation equipment and supplies
				in a quantity and variety that is sufficient to carry out the stated objectives
				of the activities programs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.81 - RESIDENT CLOTHING

Current through Register Vol. 35, No. 13, July 16, 2024
The facility must insure that each client:
A. has enough neat, clean, suitable and
				seasonable clothing;
B. has their
				own clothing marked with their name when necessary;
C. is dressed daily in their own clothing
				unless this is contraindicated in written medical orders;
D. is trained and encouraged as appropriate
				to:
(1) select their daily clothing;
(2) dress themselves;
(3) change their clothes to suit their
				activities;
(4) has storage space
				for their clothing that is accessible to them even if they are in a
				wheelchair.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.82 - CLIENT ROOMS

Current through Register Vol. 35, No. 13, July 16, 2024
The facility must provide each client with:
A. a separate bed of proper size and height
				for the convenience of the client;
B. bedding appropriate to the weather and
				climate;
C. a clean comfortable
				mattress;
D. appropriate furniture,
				such as a chest of drawers, a table or desk, and an individual closet with
				clothes racks and shelves accessible to the client.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.83 - STORAGE SPACE IN LIVING UNITS

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility licensed pursuant to these regulations must
				  provide:
A. space for equipment for
				daily out-of-bed activity for all clients who are not yet mobile, except those
				who have a short-term illness or those few clients for whom out-of-bed activity
				is a threat to life;
B. suitable
				storage space, accessible to the client for personal possessions, such as toys
				and prosthetic equipment;
C.
				adequate clean linen and dirty linen storage areas.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.84 - HEALTH, HYGIENE, GROOMING AND TOILET TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each client must be trained to be as
				independent as possible in health, hygiene and grooming practices, including
				bathing, brushing teeth, shampooing, combing and brushing hair, shaving and
				caring for toenails and fingernails.
B. Each client who does not eliminate
				appropriately and independently must be in a regular, systematic toilet
				training program and a record must be kept of their progress in the
				program.
C. A client who is
				incontinent must be bathed or cleaned immediately upon voiding or soiling,
				unless specifically contraindicated by the training program and all soiled
				items must be changed.
D. The
				facility must establish procedures for:
(1)
				weighing each client monthly, unless the special needs of the client require
				more frequent weighing;
(2)
				measuring the height of each client every three months until the client reaches
				the age of maximum growth;
(3)
				maintaining weight and height records for each client;
(4) insuring that each client maintains a
				normal weight.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.85 - DENTAL SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Diagnostic services:
(1) The facility must
				provide each client with comprehensive diagnostic dental services that include
				a complete extraoral and intraoral examination using all diagnostic aids
				necessary to properly evaluate the client's oral condition, not later than one
				month after a client's admission to the facility unless they received the
				examination within six months before admission.
(2) The facility must review the results of
				the examination and enter them in the client's record.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.86 - PREVENTIVE HEALTH SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The facility must have preventive health services for clients
				  that include:
A. means for the prompt
				detection and referral of health problems through adequate medical
				surveillance, periodic inspection and regular medical examinations;
B. annual physical examinations that include:
(1) examination of vision and
				hearing;
(2) routine screening
				laboratory examinations as determined necessary by the physician and special
				studies when needed.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 8.371.2.87 - MEDICAL SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The facility must:
A. provide medical services through direct
				contact between physicians and clients and through contact between physicians
				and individuals working with the clients;
B. provide health services including
				treatment, medications, diet, and any other health service prescribed or
				planned for the client 24 hours a day;
C. have available electroencephalographic
				services as needed;
D. have enough
				space, facilities and equipment to fulfill the medical needs of the
				clients;
E. provide evidence that
				hospital and laboratory services are used in accordance with professional
				standards.;
F. goals and
				evaluations: physicians must participate, when appropriate, in:
(1) the continuing interdisciplinary
				evaluation of individual clients for the purposes of beginning, monitoring, and
				following-up on individualized habilitation programs;
(2) the development for each client of a
				detailed written statement of:
(a) case
				management goals for physical and mental health, education and functional and
				social competence;
(b) a management
				plan detailing the various habilitation or rehabilitation services to achieve
				those goals with clear designation of responsibility for
				implementation.
(3) the
				facility must review and update the statement of treatment goals and management
				plans as needed but at least annually to insure:
(a) continuing appropriateness of the
				goals;
(b) consistency of
				management methods with the goals;
(c) the achievement of progress toward the
				goals.