New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS › Part 20 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES › Section 8.370.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of these regulations the following shall
				  apply.
A.
"Abuse"
means
				any single or repeated act of force, violence, harassment, deprivation, neglect
				or mental pressure which reasonably could cause physical pain or injury, or
				mental anguish or fear.
B.
"Adult"
means an individual eighteen years of age or older, and or
				who otherwise qualifies as an adult under New Mexico law, and who is elderly,
				disabled or handicapped person having impairments which prevents the person
				from living independently without supportive services.
C.
"Adult day care center"
means
				a commercial building licensed pursuant to these regulations, where care,
				services, and supervision are provided to adults.
D.
"Adult day care home"
means a
				private residence licensed pursuant to these regulations where care, services
				and supervision are provided to adults.
E.
"Ambulatory"
means a person
				who is fully mobile and does not need the continuing help of a person or object
				for support (except a walking cane).
F.
"Applicant"
means the
				individual who, or organization which, applies for a license. If the applicant
				is an organization, then the individual signing the application on behalf of
				the organization, must have authority from the organization. The applicant must
				be the owner.
G.
"Capacity"
means the maximum number of participants allowed to be
				cared for at any one time in the facility.
H.
"Deficiencies"
means
				violations of, or failure to comply with, these regulations.
I.
"Director"
means the person
				who is in charge of the day to day operation and program of an adult day care
				center.
J.
"Dropin"
means an adult who attends the facility on an occasional or unscheduled
				basis.
K.
"Facility"
means an private residence or a commercial building licensed pursuant to these
				regulations where care, services, and supervision are provided to adults.
L.
"Governing body"
means the individual, agency, group or corporation appointed, elected or
				otherwise designated in which the ultimate responsibility and authority for the
				conduct of the facility is vested.
M.
"Guardian"
means one who has
				the legal responsibility for the care of a person.
N.
"Imminent danger"
means a
				danger which could reasonably be expected to cause death or serious physical
				harm or illness to participants or staff.
O.
"License"
means the document
				issued by the authority which constitutes the authority to provide services
				included within the scope of this rule.
P.
"Licensee"
means the
				person(s) who, or organization which, has an ownership leasehold, or similar
				interest in the adult day care facility and in whose name a license for a home
				health agency has been issued and who is legally responsible for compliance
				with these regulations.
Q.
"Maintenance"
means the care of building(s) by keeping them in a
				repaired and safe condition and the grounds in a safe, sanitary and presentable
				condition.
R.
"Mobile
				non-ambulatory"
means unable to walk without assistance, but able to
				move from place to place with the use of devices such as walkers, crutches,
				wheelchairs, wheeled platforms, etc.
S.
"NMSA"
means the New Mexico
				Statutes Annotated, 1978 compilation and all the revisions and compilations
				thereof.
T.
"Participant"
means a person enrolled in an adult day care
				facility.
U.
"Plan of
				correction"
means the plan submitted by the licensee, applicant, or
				operator addressing how and when deficiencies identified at time of a survey
				will be corrected.
V.
"Policy"
means a statement of principle that guides and determines
				present and future decisions and actions.
W.
"Premises"
means all parts of
				the buildings, grounds, equipment and vehicles of a facility licensed pursuant
				to these regulations.
X.
"Private residence"
means the dwelling, where the operator resides
				on a 24 hour basis, to include provisions for sleeping, eating, bathing,
				cooking, etc.
Y.
"Relative"
means husband, wife, mother, father, son, daughter,
				brother, sister, brother-in-law, sister-in-law, mother-in-law, grandfather,
				grandmother, half-brothers, includes adoptive, natural and foster parents,
				grandparents or adult children.
Z.
"Respite care"
accommodates the family or guardian by providing an
				alternate place for the participant to stay when the family or guardian needs a
				rest from the everyday physical and emotional strain of caring for the
				participant.
AA.
"Staff
				member"
means any person who provides direct care, services and
				supervision to the participants in a facility licensed pursuant to these
				regulations.
BB.
"Supervision"
means the direct observation and guidance of adults
				at all times and requires being physically present with them.
CC.
"Survey"
means an entry
				into, and examination of, the facility's premises, records and staff
				interviews.
DD.
"U/L
				approved"
means approved for safety by the national underwriters
				laboratory.
EE.
"Unattended"
means a caregiver is not physically present with an
				adult under care.
FF.
"Variance"
means an act on the part of the licensing authority to
				refrain from pressing or enforcing compliance with a portion or portions of
				these regulations for an unspecified period of time for facilities which were
				in existence at the time these regulations were promulgated, new facilities in
				existing construction, or for a new or innovative service where the granting of
				a variance will not create a danger to the health, safety and welfare of adults
				or staff of a facility, and is at the sole discretion of the licensing
				authority.
GG.
"Waive/waiver"
means to refrain from pressing or enforcing
				compliance with a portion or portions of these regulations for a limited period
				of time provided the health, safety or welfare of the adults and staff are not
				in danger. Waivers are issued at the sole discretion of the licensing
				authority.