reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.8 - ENFORCEMENT AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Private
				aquatic venues shall not be subject to the provisions of this regulation or
				7.18.2 NMAC, Aquatic Venues: Fees.
B. Authorized department representatives
				shall be responsible for the enforcement of this rule.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.9 - ADOPTION OF MODEL AQUATIC HEALTH CODE

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the United States department
				  of health and human services center for disease control and prevention Model
				  Aquatic Health Code, 1st Edition is hereby
				  incorporated by reference.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.11 - MODIFICATIONS, ADDITIONS, AND OMISSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided, the following modifications,
				  exceptions and omissions are made to the Model Aquatic Health Code,
				  1st Edition.
A.
Modifications to Aquatic Code
				definitions.
The following terms defined in the Model Aquatic Health
				Code, 1st Edition have the meanings set forth
				herein, in lieu of the meanings set forth in the Model Aquatic Health Code,
				1st Edition:
(1)
				"Aquatic venue" means any artificially constructed structure that is expressly
				designated or used with the knowledge or consent of the owner or operator for
				swimming, water recreation, or bathing for the use of any segment of the
				public. Such structures do not necessarily contain standing water, so water
				exposure may occur via contact, ingestion, or aerosolization. The term "aquatic
				venue" includes all class A, class B, class C, and class D aquatic venues and
				spas. This term does not include residential housing or lodging facilities
				having five or fewer living units. Plumbing fixtures associated with a specific
				living unit, hot springs, and fill-and-draw tubs are also excluded. The term
				"aquatic venue" includes, but is not limited to, public pools and spas owned or
				operated by:
(a) travelers' accommodations
				including hotels, motels, inns, lodging and bed and breakfast facilities,
				hostels and recreational vehicle parks;
(b) residential housing or lodging facilities
				having six or more living units;
(c) apartments or apartment complexes,
				condominiums and mobile home parks;
(d) recreation parks;
(e) colleges or universities;
(f) schools and group homes;
(g) organizational camps;
(h) clubs;
(i) associations;
(j) business establishments for their patrons
				or employees;
(k) private persons
				with pools that are open to the public;
(l) recreation districts; or
(m) cities, municipalities, counties, the
				state of New Mexico or other political subdivisions.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.12 - CONSTRUCTION PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				person shall construct or substantially alter a public aquatic venue, or part
				thereof, or convert a private aquatic venue into a public aquatic venue without
				first:
(1) submitting a construction permit
				application that shall include plans, specifications, supporting material, and
				other information required by the department;
(2) receiving a construction permit;
				and
(3) paying all applicable
				fees.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.13 - PLANS AND SPECIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Nothing in the swimming pool rules shall prevent the department from requiring
				the correction of errors in plans and specifications after those plans have
				been approved or the specifications accepted. The department may also revoke
				any construction permits or approvals that are issued in error, or obtained
				based upon material misrepresentations or erroneous information provided by the
				applicant.
B. The department may
				also issue a stop work order whenever construction work deviates from approved
				plans and specifications without prior written approval from the department,
				violates any permit condition, or is in violation of this or any other law or
				regulation. The department shall provide written notice of the stop work order
				to the person performing the work or causing the work to be performed, and the
				person receiving such notice shall cease and desist from performing, or causing
				the performance of, the work until authorized in writing by the department to
				proceed.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.14 - OPERATING PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				person shall operate an aquatic venue without an operating permit from the
				department. Each aquatic venue in an aquatic facility shall be permitted
				separately.
B. Operating permits
				shall be issued for a period of 12 consecutive months and are non-transferrable
				between facilities or persons.
C.
				No person shall operate an aquatic venue without:
(1) receiving a construction permit from the
				department, if applicable;
(2)
				obtaining an approved final construction inspection, if applicable;
(3) initially applying for a permit to
				operate such aquatic venue;
(4)
				successful completion of a department inspection;
(5) receiving a permit from the department;
				and
(6) paying all applicable
				fees.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.15 - INSPECTION FREQUENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall inspect each public aquatic venue at
				  least annually and shall make as many re-inspections as necessary for
				  enforcement of the aquatic venue rules.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.16 - SERVICE OF NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notice shall
				be deemed to be properly served when the original or a true copy of the
				inspection report form or other written notice has been delivered personally to
				the permit holder, the permit holder's agent, or a qualified operator; or when
				such notice has been sent by registered or certified mail to the last known
				address of the permit holder or qualified operator on file with the
				department.
B. A copy of such
				notice shall be filed in the department's records.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.17 - TEMPORARY SUSPENSION OF PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department may suspend a permit at any
				time when it determines that there is a violation that may affect public health
				or safety.
B. Whenever a permit
				holder or operator has failed to comply with any of the requirements of this
				rule, the permit holder or operator shall be notified in writing.
C. The notice shall:
(1) identify and reference the conditions
				that violate the aquatic venue rules;
(2) specify the time period within which such
				condition shall be brought into compliance, if any;
(3) state that failure to comply with any
				notice issued pursuant to the aquatic venue rules may result in immediate
				permit suspension; and
(4) advise
				that the permit shall be suspended if the permit holder or operator is still
				out of compliance at the end of five working days following the deadline for
				compliance, unless a request for a hearing is delivered to the department by
				the permit holder within the five-day period.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.18 - REINSTATEMENT OF SUSPENDED PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person whose permit has been suspended
				may make application for reinstatement of the permit in writing to the
				department. Within five working days following receipt of such a request, a
				department representative shall inspect the aquatic venue or premises or both.
				If the applicant is in compliance with the requirements of the aquatic venue
				rules and other applicable laws, regulations, and ordinances, the permit shall
				be reinstated.
B. The department
				may require a qualified operator or aquatic venue employee to attend additional
				training courses in aquatic venue sanitation and safety.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.19 - REVOCATION OF PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A permit may
				be revoked when:
(1) it appears that a
				violation may affect public health or safety;
(2) any conditions of a permit are
				violated;
(3) there are willful or
				repeated violations of any of the requirements in the aquatic venue
				rules;
(4) the permit has been
				obtained through nondisclosure, misrepresentation, or misstatement of a
				material fact; or
(5) the owner or
				the owner's agent interferes with the department's performance of its
				duties.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.21 - HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Hearings
				provided for in the aquatic venue rules shall be held within 15 working days of
				a petitioner's delivery of a hearing request to the department.
B. Hearings provided for in this regulation
				shall be conducted in accordance with 20.1.5 NMAC.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.22 - VARIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department
				may grant a variance from the design and construction or operation and
				maintenance provisions of the aquatic venue rules through written permission
				for the use of alternative measures that will provide public health and safety
				protection that is equal to or greater than the protections provided in the
				aquatic venue rules. No variances shall be granted for procedural requirements,
				such as submitting construction or operating permit applications, including
				paying fees, obtaining construction or operating permits, operator
				certifications, or requesting a hearing.
B. Specific variance requests shall be made
				by the owner or the owner's designated agent. Designated agents shall provide
				written documentation signed by the owner that they are representing the owner
				regarding the specific variance application. All variance applications shall be
				signed by the owner and upon change of ownership or transfer of property, the
				new owner or their designated agent must re-apply for the variance.
C. It is the applicant's responsibility to
				provide all necessary information to support the request for a
				variance.
D. Any person applying
				for a variance from any provision of the aquatic venue rules shall do so by
				filing a written application with the department. Applications shall:
(1) be made on forms obtained from the
				department;
(2) remit applicable
				fee by check or money order made payable to the "water recreation facilities
				fund;"
(3) state the applicant's
				name and mailing address;
(4) state
				the date of the application;
(5)
				state the provision or provisions of this regulation for which the variance is
				sought;
(6) state in detail the
				extent to which the applicant wishes to vary from the provision or
				provisions;
(7) state the period of
				time for which the variance is sought;
(8) state why the applicant believes the
				variance is justified;
(9) be
				accompanied by any relevant documents or material which the applicant believes
				would support the application for a variance; and
(10) contain other relevant information the
				department may request.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.23 - VOIDING OF VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				approved variance shall be void one year after the date of approval if the
				permitted activities granted thereby have not been utilized. If the department
				voids a variance for any reason, the department will serve written notice on
				the permit holder.
B. The
				department may void a variance if conditions of the variance have not been met,
				or if subsequent events show that the variance has created or may create
				conditions hazardous to the public health, safety, or welfare.
C. An approved variance shall be void if it
				is utilized in a way that violates the terms and conditions of the variance.
				Voiding a variance is in addition to, and not instead of, other remedies
				available to the department at any time for violation of the aquatic venue
				rules.
D. All variances shall
				become void upon change of ownership. Upon change of ownership, the new owner
				shall re-apply for a variance.
E.
				Any person who has been granted a variance shall sign a department approved
				indemnification and release of liability statement form. Variances shall not be
				valid unless and until the department receives a completed and signed
				indemnification and release of liability statement form back from the
				applicant.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.24 - RIGHT OF ENTRY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon
				presentation of credentials, department representatives may enter any premises
				where a public aquatic venue is located or where records required by the
				aquatic venue rules are located during the aquatic venue's operating
				hours.
B. When entry is denied by
				the property owner, the department may seek a district court order to:
(1) have a right of entry to, upon, or
				through any premises where an aquatic venue is located;
(2) have a right of entry on any premises
				where any records required by the aquatic venue rules or by permit condition
				are kept;
(3) have access to and
				copy any records that the aquatic venue rules or a permit requires the facility
				to maintain;
(4) inspect any
				premises or equipment to determine compliance with the aquatic venue rules or
				any permit or variance condition; and
(5) obtain any sample(s) required to
				determine compliance with the aquatic venue rules or any permit or variance
				condition.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.25 - LIFEGUARDS

Current through Register Vol. 35, No. 13, July 16, 2024
When swim teams and swimming exercise classes are the only
				  users of an aquatic facility, in lieu of a qualified lifeguard the owner or
				  designated agent may allow substitution of a swim coach attendant, who is
				  certified by the
American red cross
or an equivalent
				  organization in first aid and cardiopulmonary resuscitation (CPR) and is
				  trained to deal with safety hazards. Both the owner of the public aquatic venue
				  and the sponsoring organization furnishing the swim coach shall be responsible
				  for assuring proper credentials, training and bather controls are maintained in
				  accordance with these requirements.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.26 - POOL WATER QUALITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Testing
				equipment:
(1) All public aquatic venues
				shall have fully functional water quality testing devices for measuring the pH,
				free and combined chlorine concentration, or bromine, (or concentration of
				other approved disinfectant), and cyanuric acid if stabilized chlorine is
				used.
(2) Water quality testing
				devices shall use environmental protection agency (EPA) approved
				methods.
(3) Water quality testing
				devices for measuring free and total chlorine or bromine shall use
diethyl-P-phenylene diamine
(DPD) as the reagent.
(4)Feeders for pH adjustments and automated
				controllers shall be required on all aquatic venues within two years of the
				effective date of these regulations.
(5) All aquatic venues using a manual
				disinfectant feed system that does not have an automated controller shall be
				tested before the venue opens for the day and every four hours while open to
				the public.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.27 - TEMPORARY SPECIAL USE AQUATIC VENUES

Current through Register Vol. 35, No. 13, July 16, 2024
Owners of aquatic venues that are used for public events at
				  sports fields, county fairs, portable pools and similar special uses shall be
				  reviewed by the department on an individual case basis. The department may
				  require special conditions as part of approval of such pools to assure health
				  and safety.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.52 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision or application of this part is held invalid,
				  the remainder of this part, or its application to other situations or persons,
				  shall not be affected.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.53 - REFERENCES IN OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any reference to the aquatic venue regulations or to any
				  prior version of the aquatic venue regulations in any other rule shall be
				  construed as a reference to this rule. References to the "aquatic venue rules"
				  in this part refer to all provisions contained in 7.18.1 through 7.18.2 NMAC.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.54 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Repeal or supersession of prior versions of this part or the
				  public swimming pool rules shall not affect any administrative or judicial
				  action initiated under those prior versions.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.55 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with the aquatic venue rules or this part does
				  not relieve a person from the responsibility to comply with any other
				  applicable federal, state, or local regulations.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.56 - PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
Any person who violates any provision of this rule shall be
				  subject to the penalty provisions in Section
				  74-1-10 NMSA
				  1978 of the Environmental Improvement Act, in addition to any other penalties
				  provided for in the aquatic venue rules.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS › Section 7.18.1.57 - LIMITATION OF DEFENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The existence of a valid permit for the installation,
				  modification or operation of an aquatic venue shall not constitute a defense to
				  a violation of any section of this rule, except the requirement for obtaining a
				  permit.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 2 - PUBLIC AQUATIC VENUES: FEES › Section 7.18.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  74-1-1
				  through
				  74-1-16
				  NMSA 1978.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 2 - PUBLIC AQUATIC VENUES: FEES › Section 7.18.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish fees for the administration of rules and
				  standards regarding the inspection, enforcement, training, review of plans, and
				  other appropriate program components for public aquatic venues and other public
				  bathing attractions as specified in 7.18.1 NMAC, Public Aquatic Venues: General
				  Provisions.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 2 - PUBLIC AQUATIC VENUES: FEES › Section 7.18.2.9 - ENFORCEMENT AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Private
				aquatic venues shall not be subject to the provisions of this rule or to 7.18.1
				NMAC.
B. Department representatives
				shall be responsible for the enforcement of this rule.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 2 - PUBLIC AQUATIC VENUES: FEES › Section 7.18.2.10 - CONSTRUCTION PERMIT FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Permit
				fees for new construction, remodeling, or renovation issued pursuant to Section
				7.18.1.12 NMAC, Construction Permits, shall be the following:
(1) for a class A, class B, class C, or class
				D aquatic venue, or for a spa, the fee shall be $150.00;
(2) for multiple class A, class B, class C or
				class D aquatic venues or spas located in the same aquatic facility, the fee
				shall be $150.00 for each aquatic venue;
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 2 - PUBLIC AQUATIC VENUES: FEES › Section 7.18.2.11 - OPERATING PERMIT FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Operating permit fees issued pursuant to 7.18.1.14 NMAC, Operating Permits,
				shall be the following:
(1) for all class A
				aquatic venues, the fee shall be $150.00 per year;
(2) for class B aquatic venues, the shall be:
(a) up to 600 square feet of aquatic venue
				surface area, $100.00 per year;
(b)
				from 601 square feet to 1000 square feet of aquatic venue surface area, $125.00
				per year;
(c) from 1001 square feet
				of aquatic venue surface area and greater, $150.00 per year;
(3) for all class C aquatic
				venues, the fee shall be $150.00 per year.
(4) for all class D aquatic venues, the fee
				shall be $150.00 per year.
(5) for
				all public spas, the fee shall be $150.00 per year.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 2 - PUBLIC AQUATIC VENUES: FEES › Section 7.18.2.12 - RE-INSPECTION PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
If a site inspection results in the issuance of a written
				  notice of non-approval or suspension, the department may assess a re-inspection
				  penalty of $50.00 to re-inspect each public aquatic venue in the aquatic
				  facility. For each additional re-inspection required, an additional $50 will be
				  added to the re-inspection penalty for each aquatic venue, up to $250 per
				  aquatic venue per year. The re-inspection fee shall be remitted to the
				  department prior to a subsequent re-inspection being conducted. Re-inspection
				  penalties shall not be charged for aquatic venues that have been closed for 30
				  days or more and require a re-opening inspection.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 2 - PUBLIC AQUATIC VENUES: FEES › Section 7.18.2.13 - VARIANCE FEE

Current through Register Vol. 35, No. 13, July 16, 2024
If a variance is requested pursuant to
				  7.18.2.22 NMAC,
				  Variance, an application fee of $50.00 shall be remitted by the applicant at
				  the time the variance application is submitted to the department. The fee is
				  non-refundable.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 2 - PUBLIC AQUATIC VENUES: FEES › Section 7.18.2.14 - RIGHT OF ENTRY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon
				presentation of credentials, department representatives may enter any premises
				where a public aquatic venue is located or where records required by the
				aquatic venue rules are located during the aquatic venue's operating
				hours.
B. When entry is denied by
				the property owner, the department may seek a district court order to:
(1) have a right of entry to, upon, or
				through any premises where a public aquatic venue is located;
(2) have a right of entry on any premises
				where any records required by the aquatic venue rules or by permit condition
				are kept;
(3) have access to and
				copy any records that the aquatic venue rules or a permit requires the facility
				to maintain;
(4) inspect any
				premises or equipment to determine compliance with the aquatic venue rules or
				any permit condition; and
(5)
				obtain any sample(s) required to determine compliance with the aquatic venue
				rules or any permit condition.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 2 - PUBLIC AQUATIC VENUES: FEES › Section 7.18.2.52 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision or application of this part is held invalid,
				  the remainder of this part, or its application to other situations or persons,
				  shall not be affected.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 2 - PUBLIC AQUATIC VENUES: FEES › Section 7.18.2.53 - REFERENCES IN OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any reference to the aquatic venue regulations or any prior
				  version of the aquatic venue regulations in any other rule shall be construed
				  as a reference to this rule. References to the "aquatic venue rules" in this
				  part refer to all provisions contained in 7.18.1 through 7.18.2
				  NMAC.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 2 - PUBLIC AQUATIC VENUES: FEES › Section 7.18.2.54 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Repeal or supersession of prior versions of this part or the
				  aquatic venue rules shall not affect any administrative or judicial action
				  initiated under those prior versions.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 2 - PUBLIC AQUATIC VENUES: FEES › Section 7.18.2.55 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with the aquatic venue rules or this part does not
				  relieve a person from the responsibility to comply with any other applicable
				  federal, state, or local regulations.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 2 - PUBLIC AQUATIC VENUES: FEES › Section 7.18.2.56 - PENALTY

Current through Register Vol. 35, No. 13, July 16, 2024
Any person who violates any provision of this rule shall be
				  subject to the penalty provisions in Section
				  74-1-10 NMSA
				  1978 of the Environmental Improvement Act, in addition to any other penalties
				  provided for in the aquatic venue rules.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 18 - AQUATIC VENUES › Part 2 - PUBLIC AQUATIC VENUES: FEES › Section 7.18.2.57 - LIMITATION OF DEFENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The existence of a valid permit for the installation,
				  modification or operation of an aquatic venue shall not constitute a defense to
				  a violation of any section of this regulation, except the requirement for
				  obtaining a permit.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 3 › Section 7.20.3.5

Current through Register Vol. 35, No. 13, July 16, 2024
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
1978 NMSA Sections 32A-12.1.et seq.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 29, 2002 unless a later date is cited at the end of
				  section.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.6 - OBJECTIVES

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A. to establish
				certification requirements for behavioral health services provided to children
				and adolescents of New Mexico through the medicaid program (Title XIX of the
				Social Security Act);
B. to provide
				for monitoring of agency compliance with these certification requirements to
				identify any factors that could affect the health, safety, and welfare of the
				clients or the staff;
C. to assure
				that the agency establishes and follows written policies and procedures that
				specify how these certification requirements are met; and
D. to assure that adequate supervision is
				provided at all times.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.8 - RELATED REGULATIONS, LAWS AND CODES

Current through Register Vol. 35, No. 13, July 16, 2024
These certification requirements supplement and apply in
				  conjunction with the following regulations laws and codes and any future
				  amendments to such regulations or superseding regulations.
A. Licensing Requirements for Child and
				Adolescent Mental Health Facilities, 7.20.12 NMAC.
B. Health Facility Sanctions and Civil
				Monetary Penalties, 7 NMAC 1.8 (1996).
C. New Mexico Children's Code NMSA 1978
				32A-1-1 et Seq. (1997).
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.9 - ISSUANCE OF CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Application for initial certification:
(1)
				Applications for the initial certification of a new program offering case
				management services, behavior management skills development services, day
				treatment services, group home services, all residential treatment services, or
				treatment foster care services are submitted to the LCA for review and
				approval. The application for initial certification of a program includes, but
				is not limited to, the following:
(a) a
				letter of intent naming the service for which the agency is requesting initial
				certification and describing how and where the proposed service will be
				delivered.
(b) policies and
				procedures showing that the agency complies with both the general provisions
				and the service-specific requirements of the program for which the agency is
				requesting initial certification; and an index that references each policy and
				procedure by the applicable certification requirement that the policy is
				designed to meet.
(c) job
				descriptions, required qualifications, resumes, current licenses, proof of
				credentials, and criminal records clearances for professional staff;
(d) job descriptions, required qualifications
				and criminal records clearances for direct service staff; and
(e) a complete set of the forms that will be
				used to document the services being provided.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.10 - EMERGENCY REVOCATION, SUSPENSION, NON-RENEWAL OF CERTIFICATION OR IMPOSITION OF EMERGENCY SANCTIONS, WITHOUT PRIOR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
If immediate action is required to protect human health
				  and/or safety, the LCA may immediately revoke, suspend, not renew, or impose an
				  emergency sanction(s) against the certification status of a program pending a
				  hearing, provided that such hearing is held within five business days of the
				  above-mentioned action and/or sanction(s), unless the program waives its right
				  to a hearing. The medicaid provider agreement terminates on the date of the
				  revocation, suspension, or non-renewal of certification.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.11 - GROUNDS FOR IMPOSITION OF SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Sanctions may be imposed by the LCA based on its specific
				  findings, including but not limited to any of the following:
A. failure to comply with any provision(s) of
				these certification requirements;
B. failure to allow surveys by authorized
				representatives of the LCA;
employment of any person convicted of a felony or misdemeanor
				  without clearance by the department, including a misdemeanor involving moral
				  turpitude;
C. allowing any
				agency personnel to work 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 this fact is known to the agency, it
				must be immediately reported to the LCA);
D. purposeful, deliberate or intentional
				misrepresentation(s) or falsification(s) of any information on application
				forms or other documents provided to the LCA;
E. repeated violations of these certification
				requirements, or failure to correct deficiencies of survey findings in current
				or past contiguous or noncontiguous certification periods;
F. presence of, and/or a history of,
				certification/licensure revocation, suspension, non-renewal, or denial of
				certification, sanction(s) or penalties or other similar disciplinary actions
				taken by regulatory bodies in other states or countries and/or within New
				Mexico regardless of whether any of these actions resulted in a settlement in
				lieu of a sanction;
G. failure to
				provide a client in the program with care, supervision and services or to
				protect client rights as outlined in these certification
				requirements;
H. any neglect as
				defined in these certification requirements;
I. presence of, and/or a history of health
				and/or safety deficiencies found in current or previous surveys or on-site
				visits;
J. death or serious injury
				to a client;
K. psychological harm
				or cruelty and indifference to the welfare of a client;
L. incidents that include acts of physical
				harm to a client(s) by staff;
M.
				regulatory deficiencies that jeopardize the health and/or safety of a
				client;
N. numerous deficiencies,
				that in combination, jeopardize the health and/or safety of a client;
				or
O. non-disclosure and/or deceit
				regarding condition of a facility/program or the services it
				provides.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.12 - SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Sanctions, as
				follows, may be imposed for the reasons listed in Section 11. The severity of
				the action taken by the department depends upon the specific facts in each
				case, the seriousness and history of the events prompting the department to
				take action, and the ability and willingness of the agency to promptly take
				adequate corrective action.
(1) REVOCATION:
				The LCA cancels certification, making it void. The medicaid provider agreement
				terminates on the date of revocation.
(2) SUSPENSION: The LCA temporarily revokes
				certification until the identified deficiencies are corrected and the LCA
				approves the corrections. The medicaid provider agreement terminates on the
				date of suspension.
(3)
				NON-RENEWAL: The LCA refuses to renew certification and issues a notice stating
				that the certification is void as of a specific date, on or about the date of
				expiration. The medicaid provider agreement terminates on the effective date of
				non-renewal.
(4) DENIAL: The LCA
				refuses to issue certification.
(5)
				ADMISSIONS HOLD: The LCA restricts the program from accepting any new clients
				until the identified deficiencies are corrected and the LCA approves the
				corrections.
(6) EXPANSION HOLD:
				The LCA restricts the program from expanding into additional services until the
				identified deficiencies are corrected and the LCA approves the
				corrections.
(7) MAINTENANCE OR
				REDUCTION IN PROGRAM CAPACITY: The LCA directs the program to maintain or
				reduce the capacity of the program to a designated client census until the LCA
				determines that all of the deficiencies resulting in the sanction have been
				corrected.
(8) COMPLIANCE MONITOR:
				The LCA may select and assign a compliance monitor and assign it to an agency
				for a specified period of time to oversee an agency's compliance efforts. The
				compliance monitor has the authority to review all applicable facility records,
				including financial records and policies, and the authority to interview
				facility staff and clients. The compliance monitor may also advise the program
				regarding steps to correct violations and improve overall clinical programming.
				The compliance monitor reports to the LCA on a weekly basis or more often when
				indicated. The agency pays all costs of the compliance monitor.
(9) TEMPORARY MANAGEMENT: The LCA appoints
				temporary professional management with expertise in the field of the child and
				adolescent mental health and/or substance abuse services provided by the
				program. The temporary management assumes primary responsibility to oversee the
				operation of the program; to protect the health and safety of its clients; to
				assess and direct the correction of deficiencies; and/or to facilitate an
				orderly closure. The temporary management reports to the LCA. The agency pays
				all costs of temporary management.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.13 - APPEALS AND HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. HEARING
				OFFICER: The department appoints an impartial hearing officer to conduct any
				administrative appeal.
B.
				PROCEDURES: Adjudicatory Hearing procedures, 7.1.2 NMAC, apply in all
				administrative appeals.
C. ADDRESS
				FOR REQUESTING AN ADMINISTRATIVE APPEAL: All requests for appeal must be
				addressed to: Licensing and Certification Unit; Children's Behavioral Health
				and Community Services Bureau; Children, Youth and Families Department; Post
				Office Drawer 5160; Santa Fe, New Mexico 87502-5160 (facsimile 505-827-4595 ).
D APPEALS OF EMERGENCY SANCTIONS:
(1) If an emergency sanction is imposed, the
				LCA conducts a hearing within five business days of the Notice. The LCA
				notifies the agency of the name of the hearing officer and the date and time of
				the hearing.
(2) The emergency
				sanction takes effect immediately, and is not stayed by any request for
				administrative hearing or for an informal resolution conference.
(3) Any informal resolution conference, if
				requested, will be held within five business days of the date of the notice of
				emergency sanction.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.16 - PERSONNEL

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A. The agency
				provides personnel who are trained, supervised and in all respects qualified to
				perform the functions for which they are responsible.
B. Each position, or group of like positions,
				is detailed in a written job description that clearly states qualifications,
				responsibilities and requirements.
C. Each agency employee meets all state
				registration, licensing and/or certification requirements applicable to his or
				her position and/or use of professional title(s) and the agency has copies of
				such licenses, etc. on file.
D.
				Orientation of personnel:
(1) The agency
				orients its personnel to the agency's goals, services, policies and procedures,
				and to the responsibilities of the staff member's position. Initial and ongoing
				orientation is documented in the personnel record.
(2) Orientation includes training on the
				establishment and maintenance of appropriate and responsive relationships and
				boundaries with clients.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.18 - AGENCY IN THE COMMUNITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				agency identifies a defined purpose, uses a multi-disciplinary approach in
				which services are coordinated within the agency and within the provider
				community, and collaborates with other agencies in provision of services for
				its clients.
B. Agency purpose: The
				agency's statement of purpose includes a description of its primary function as
				providing services that:
(1) serve those
				clients in need of treatment who are most vulnerable or at risk;
(2) are habilitative in focus; and
(3) are consistent with the least restrictive
				means principle.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.19 - AGENCY GOVERNANCE AND ADMINISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The agency is legally authorized to
				operate, identifies the members of its governing body, and administers its
				program in accordance with its own policies, which support compliance with
				these certification requirements.
B. The agency's governing body is responsible
				for adopting bylaws and policies and defining the scope of its services. The
				agency is legally authorized to operate as one of the following:
(1) Not-profit agency, incorporated in the
				state in which it operates, with a charter, constitution, and by
				laws;
(2) Not-profit agency
				operated by its own independent governing body, under the aegis of a religious
				body or other organization recognized under the laws of the state;
(3) Public agency authorized and established
				by statute, or a sub-unit of a public agency with which clear administrative
				relationship exists;
(4)
				Proprietary agency organized as a legal entity as a corporation, partnership,
				or association, but excluding therefrom sole proprietors; or
(5) Agency of a tribal government, or
				subdivision thereof.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.20 - QUALITY IMPROVEMENT AND UTILIZATION REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. The agency has a continuous quality
				improvement process, reviewed annually, through which the agency systematically
				evaluates the effectiveness of services provided by determining whether its
				services meet pre-determined quality improvement expectations and outcomes, and
				corrects any observed deficiencies identified through the quality improvement
				process.
B. The agency explicitly
				details the desired expectations and service outcomes for each of its programs
				and has a written plan to achieve them.
C. The agency establishes a committee or
				other mechanism for the timely and regular evaluation of serious incidents,
				complaints, grievances, and related investigations. Committee evaluations
				include identification of events
,
trends and
				patterns that may affect client health, safety, and/or treatment efficacy.
				Committee evaluation findings and recommendations are documented and submitted
				to agency management for corrective action. Actions implemented and outcomes
				are documented, and trends are analyzed over time. The agency has a
				well-defined plan for correcting problems. When problems (or potential
				problems) are identified, the facility acts as soon as possible to avoid any
				risks to clients by taking corrective steps that may include, but are not
				limited to:
(1) changes in policies and/or
				procedures;
(2) staffing and
				assignment changes;
(3) additional
				education or training for staff;
(4) addition or deletion of
				services.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 20 - MENTAL HEALTH › Part 11 - CERTIFICATION REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH SERVICES › Section 7.20.11.21 - LEGAL, REGULATORY, AND ACCREDITATION COMPLIANCE FOR PROGRAM OPERATION, INCLUDING HEALTH, SAFETY AND PHYSICAL PLANT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The agency
				promotes and protects the health and safety of its clients, demonstrates
				compliance with all applicable laws and regulations, adheres to the
				requirements of its accrediting bodies, if any, and possesses all applicable
				licenses required by law and departmental policy.
(1) License(s) required: The agency possesses
				a license(s) and complies with applicable licensing requirements for each
				service required by state and local law and departmental regulation including,
				but not limited to the following:
(a) Each
				treatment foster care child placement agency is licensed by the protective
				services division of the department as a child placement agency.
(b) All residential facilities are licensed
				by the department. Each maintains a separate license.
(c) Day treatment services are licensed as
				day treatment centers by the department. Each day treatment services facility
				maintains a separate license. Exception: day treatment services provided in a
				public school facility do not require licensure by the department.