reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 9-8-1 et seq. NMSA 1978 establishes the health care
				  authority (authority) as a single, unified department to administer laws and
				  exercise functions relating to health care facility licensure and health care
				  purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes standards for opioid treatment programs
				  to be consistent with the SAMHSA/CSAT regulations and the OTP accreditation
				  requirements of nationally recognized accreditation bodies approved by
				  SAMSA/CSAT, such as CARF and JCAHO. The intent is to:
A. be consistent with, and complimentary to,
				the substance abuse and mental health services administration/center for
				substance abuse treatment (SAMHSA/CSAT) regulations, and the OTP accreditation
				requirements of nationally recognized accreditation bodies approved by
				SAMHSA/CSAT, such as commission on accreditation of rehabilitation facilities
				(CARF) and the joint commission on accreditation of healthcare organizations
				(JCAHO);
B. reduce the stigma
				sometimes associated with opioid dependency treatment and ensure access to it
				comparable to treatment availability for other chronic medical
				conditions;
C. consider the
				possible adverse impact on communities in which OTP providers are located in
				making application approval decisions, and to provide measures to promote
				mutually satisfactory relationships between OTP providers and their
				communities.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Accrediting bodies"
means nationally recognized organizations,
				such as the joint commission on accreditation of healthcare organizations
				(JCAHO) and the commission on accreditation of rehabilitation facilities
				(CARF), which promulgate standards for OTPs that are approved by the substance
				abuse and mental health services administration/center for substance abuse
				treatment (SAMHSA/CSAT), and offer accreditation to programs that meet these
				standards.
B.
"Administrative
				withdrawal"
means the procedure for withdrawal of a patient's opioid
				treatment medication coinciding with the patient's involuntary discharge from
				opioid treatment, typically resulting from non-payment of fees, violent or
				disruptive behavior or incarceration or other confinement.
C.
"Application form"
means the
				form created by the health care authority, which must be completed by a program
				sponsor who wishes to obtain approval to operate an opioid treatment
				program.
D.
"Approval" and
				"approval to operate"
means the written permission given by the health
				care authority to a program sponsor to operate an opioid treatment
				program.
E.
"Behavioral
				health services division"
(BHSD) is the division of the New Mexico
				health care authority that is the single state authority for mental health and
				substance use treatment and prevention programs and methadone
				authority.
F.
"Comprehensive
				initial assessment"
means the collection and analysis of a patient's
				social, medical, psychological and treatment history.
G.
"Comprehensive maintenance
				treatment"
means a program designed with the intention of lasting longer
				than six months, for the purpose of maintaining the patient such that they will
				be free of opioid withdrawal and cravings; such programs are typified by:
(1) dispensing or administering an opioid
				treatment medication at stable dosage levels for a period in excess of 21 days
				to an individual for opioid addiction; and
(2) providing medical, therapeutic and
				supportive services to the individual with opioid dependence.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.8 - APPROVAL TO OPERATE AN OPIOID TREATMENT PROGRAM REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Providers who receive written approval by the health care
				  authority, shall be permitted to provide opioid dependency treatment
				  services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.9 - ELIGIBILITY FOR APPROVAL TO OPERATE AN OPIOID TREATMENT PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
Only applicants who possess all of the following shall be
				  eligible to receive approval to operate from the New Mexico health care
				  authority (HCA):
A. drug enforcement
				agency (DEA) approval to operate an OTP;
B. SAMHSA/CSAT approval to operate an
				OTP;
C. accreditation by a
				SAMHSA/CSAT-approved nationally recognized accreditation body, such as JCAHO or
				CARF, to operate an OTP:
(1) if the applicant
				is a start-up program unable to obtain such accreditation prior to beginning
				operation because the accreditation body requires a period of program
				operation, typically six months, before it will grant accreditation:
(a) the HCA shall grant provisional approval
				to operate pending accreditation, provided that all other requirements of these
				regulations are met; and
(b) the
				program demonstrates in its application to the HCA that it is taking the steps
				necessary to become accredited as quickly as possible, and provides a timeline
				for the anticipated accreditation;
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.11 - DENIAL OF HCA APPROVAL TO OPERATE; APPEAL OF DENIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The HCA shall not deny approval to operate
				until the applicant has been notified in writing of the deficiency in the
				application resulting in the contemplated denial, and given opportunity to
				remedy the application deficiency within a specified time period.
B. The HCA shall provide a written
				explanation for any denied application. Denial may be appealed to the secretary
				of the HCA, whose decision shall be final.
C. An applicant who is denied approval may
				re-apply by submitting a new application 90 days or more after notification of
				denial.
D. Failure to complete the
				application form in its entirety, including requests for additional information
				as specified above, shall be grounds for denial of approval.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.12 - RENEWAL OF HCA APPROVAL TO OPERATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. OTP providers who wish to renew their
				approval shall submit an application form and requested documentation no less
				than 90 calendar days, and no more than 180 calendar days, before its
				expiration date.
B. The HCA shall
				consider the operating history of the OTP provider in making its determination
				to grant or deny an application to a previously approved provider.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.13 - APPROVAL FOR OTPS IN EXISTENCE PRIOR TO THESE REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Opioid treatment programs operating in New Mexico prior to
				  the effective date of these regulations shall be granted approval on the
				  effective date of these regulations ("grandfathered in").
A. The term of these initial grandfathered
				approvals shall be not less than 24 months nor more than 36 months, and may
				have staggered expiration dates to avoid simultaneous expiration.
B. "Grandfathered" opioid treatment programs
				shall provide the HCA with all written policies, procedures and other
				documentation required of new opioid treatment programs under these regulations
				within 45 days of the effective date of these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.14 - RENEWAL OF GRANDFATHERED OPERATING PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
Renewal of grandfathered approvals shall follow the ordinary
				  renewal process. Such approvals shall have a term of 36
				  months.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.15 - INSPECTION AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The HCA shall have the authority to conduct inspections of
				  the records, policies, procedures, physical plant or any other aspect of an OTP
				  for the purpose of determining its compliance with these regulations or the
				  presence of any factor posing a danger to the health or welfare of its patients
				  or the public. Failure of an OTP to cooperate with such inspection shall be
				  grounds for immediate suspension of the approval.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.16 - NONCOMPLIANCE WITH REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If
				an inspection conducted by the HCA shows that an OTP is not in compliance with
				these regulations, the HCA shall deliver to the program a written notice of the
				deficiencies identified.
B. The
				program shall respond to the notification of deficiencies within 30 days of the
				notification. The program response shall include a corrective action plan
				together with timeline for implementation, or an explanation, satisfactory to
				the HCA, of the reason for any deviations from the requirements of these
				regulations.
C. Failure of the OTP
				to respond within 30 days of receipt of the notification of deficiencies shall
				be grounds for immediate suspension of the approval.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.17 - IMMEDIATE SUSPENSION OF OTP OPERATING APPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The HCA, at its discretion, may
				immediately suspend the approval of any OTP found to be in a substantial
				violation of this regulation that results in danger to the health and welfare
				of any patient or of the public, until such time as the violation(s) are
				corrected to the satisfaction of the HCA.
B. In the event of such suspension, the OPT
				shall immediately:
(1) cease accepting new
				patients; and
(2) consult with the
				HCA regarding the orderly transfer of patients to other OTPs and implementation
				of the program closure action plan required under the "preparedness planning"
				section of these regulations in order to minimize adverse impact on its
				patients; notwithstanding the suspension of the approval, the HCA may allow the
				OTP to conduct limited operations of its program as the HCA finds necessary to
				minimize adverse impact on patients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.19 - ADMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The program
				sponsor shall ensure through policy and procedure that an individual is only
				admitted for opioid dependency treatment after the program medical director
				determines and documents that:
(1) the
				individual meets the definition of opioid dependence using generally accepted
				medical criteria such as those contained in the diagnostic and statistical
				manual for mental disorders (DSM-IV or subsequent editions);
(2) the individual has received a physical
				examination as required by Subsection D of 8.321.10.19 NMAC below;
				and
(3) if the individual is
				requesting maintenance treatment, the individual has been addicted for at least
				12 months before the admission, unless the individual receives a waiver of this
				requirement from the program medical director because the individual:
(a) was released from a penal institution
				within the last six months;
(b) is
				pregnant, as confirmed by the agency physician;
(c) was treated for opioid dependence within
				the last 24 months; or
(d) is under
				the age of 18, has had two documented unsuccessful attempts at short term
				opioid treatment withdrawal procedures or drug-free treatment within a 12-month
				period, and has informed consent for treatment provided by a parent, guardian,
				custodian or responsible adult designated by the relevant state
				authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.20 - ASSESSMENT AND TREATMENT PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
The program sponsor shall ensure that:
A. each patient receives a comprehensive
				intake assessment upon admission, conducted by a qualified professional, to
				determine the most appropriate combination of services and treatment, which
				results in an intake treatment plan based on the patient's goals; the results
				of the comprehensive intake assessment and the intake treatment plan are
				documented in the patient record within 24 hours of admission;
B. an individualized treatment plan shall
				replace the intake treatment plan within 30 days of admission or the third
				face-to-face contact with the client, and be documented in the patient
				record;
C. all updates or revisions
				to any treatment plan or assessment shall be documented in the patient record
				within seven working days;
D. all
				assessments and treatment plans shall include, but not necessarily be limited
				to:
(1) a description of the patient's
				presenting issue, identification of the patient's behavioral health symptoms
				and the behavioral health issue or issues that require treatment;
(2) a list of the medical services, including
				medication, needed by the patient, as identified in the physical
				examination;
(3) recommendations
				for further assessment or examination of the patient's needs if
				indicated;
(4) recommendations for
				treatment needed by the patient, such as psychosocial counseling or mental
				health treatment, if indicated;
(5)
				recommendations for ancillary services or other services needed by the patient,
				if indicated;
(6) the signature,
				professional credential, printed name, and date signed of the staff member
				conducting and developing the assessment, treatment plan, update or
				revision;
(7) in the case of
				updated or revised treatment plans, a summary of the patient's progress or lack
				of progress toward each goal on the previous plan and the program's response;
				and any new goals;
(8) the
				signature and date signed, or documentation of the refusal to sign, of the
				patient or the patient's guardian or agent or, if the patient is a child, the
				patient's parent, guardian, or custodian;
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.21 - DOSAGE

Current through Register Vol. 35, No. 13, July 16, 2024
The program sponsor shall ensure that:
A. a dose of opioid dependency treatment
				medication is administered only after an order from the program medical
				director;
B. a patient's dosage of
				opioid dependency treatment medication is individually determined;
C. a dose of opioid dependency treatment
				medication is sufficient to produce the desired response in a patient for the
				desired duration of time and with consideration for patient safety;
D. a dose of opioid dependency medication is
				prescribed to meet a patient's treatment needs by:
(1) preventing the onset of subjective or
				objective signs of withdrawal for 24 hours or more;
(2) reducing or eliminating the drug craving
				that is experienced by opioid dependent individuals who are not in opioid
				treatment;
(3) a patient receiving
				comprehensive maintenance treatment receives an initial dose of opioid
				dependency treatment medication based upon the program medical director or
				medical practitioner designee's physical examination and with consideration for
				local issues, such as the relative purity of available illicit opioid
				drugs;
(4) a patient receiving
				methadone in comprehensive maintenance treatment receives an initial dose of
				methadone that does not exceed 30 milligrams; and
(a) if the patient's withdrawal symptoms are
				not suppressed after the initial dose of 30 milligrams, a patient receives an
				additional dose that does not exceed 10 milligrams only if a program clinician
				documents in the patient record that 30 milligrams did not suppress the
				patient's withdrawal symptoms; and
(b) if the patient's withdrawal symptoms are
				not suppressed by a total dose of 40 milligrams, a patient receives an
				additional dose only if the program medical director or medical practitioner
				designee documents in the patient record that 40 milligrams did not suppress
				the patient's withdrawal symptoms;
(5) a patient receiving buprenorphine in
				opioid treatment withdrawal procedure or comprehensive maintenance treatment
				receive an initial dose according to the instructions on the opioid dependency
				treatment medication package insert, and any deviation from the instructions is
				documented by the program clinician in the patient record;
(6) a patient receives subsequent doses of
				opioid dependency treatment medication:
(a)
				based on the patient's individual needs and the results of the physical
				examination and assessment;
(b)
				sufficient to achieve the desired response for at least 24 hours, with
				consideration for day-to-day fluctuations and elimination patterns;
(c) that are not used to reinforce positive
				behavior or punish negative behavior;
(d) as long as the patient benefits from and
				desires comprehensive maintenance treatment; and
(e) that are adjusted if a provider changes
				from one type of opioid dependency treatment medication to another.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.22 - DRUG SCREENING

Current through Register Vol. 35, No. 13, July 16, 2024
The program sponsor shall ensure that:
A. staff members have knowledge of the
				benefits and limitations of laboratory drug detection tests and other
				toxicological testing procedures;
B. a patient in comprehensive maintenance
				treatment receives at least eight random laboratory drug detection tests per
				year; short-term opioid treatment withdrawal procedure patients receive at
				least one initial drug abuse test; long-term opioid treatment withdrawal
				procedure patients receive an initial and monthly random tests; and other
				toxicological tests are performed according to written orders from the program
				medical director or medical practitioner designee;
C. laboratory drug detection tests and other
				toxicological testing specimens are collected in a manner that minimizes
				falsification;
D. laboratory drug
				detection tests for:
(1) opioids;
(2) methadone;
(3) amphetamines;
(4) cocaine;
(5) barbiturates;
(6) benzodiazepines; and
(7) other substances as may be appropriate,
				based upon patient history and prevailing patterns of drug availability and use
				in the local area;
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.23 - TAKE-HOME MEDICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				program sponsor shall ensure that policies and procedures are developed,
				implemented, and complied with for the use of take-home medication and include:
(1) criteria for determining when a patient
				is ready to receive take-home medication;
(2) criteria for when a patient's take-home
				medication is increased or decreased;
(3) a requirement that take-home medication
				be dispensed according to federal and state law;
(4) a requirement that the program medical
				director review a patient's take-home medication regimen at intervals of no
				less than 90 days and adjust the patient's dosage, as needed;
(5) procedures for safe handling and secure
				storage of take-home medication in a patient's home; and
(6) criteria and duration of allowing a
				physician to prescribe a split medication regimen.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.24 - WITHDRAWAL TREATMENT AND MEDICALLY SUPERVISED DOSE REDUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
The program sponsor shall ensure that:
A. policies and procedures are developed,
				implemented, and complied with for withdrawal treatment and:
(1) are designed to promote successful
				withdrawal treatment;
(2) require
				that dose reduction occur at a rate deemed medically appropriate by the program
				medical director;
(3) require that
				a variety of ancillary services, such as self-help groups, be available to the
				patient through the program or through referral;
(4) require that the amount of counseling
				available to the patient be increased before discharge; and
(5) require that a patient be re-admitted to
				the program or referred to another program if relapse occurs;
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.25 - COUNSELING AND MEDICAL SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The program sponsor shall ensure that:
A. substance abuse counseling and behavioral
				health treatment planning is provided by a practitioner licensed in the state
				of New Mexico to provide behavioral health treatment services to each patient
				based upon the patient's individual needs, treatment plan and stage of
				readiness to change behavior;
B.
				the program has substance abuse counselors in a number sufficient:
(1) to ensure that patients have access to
				counselors;
(2) to provide the
				treatment in patients' treatment plans; and
(3) to provide unscheduled treatment or
				counseling to patients;
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.26 - DIVERSE POPULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				program sponsor shall ensure that:
(1) opioid
				treatment is provided regardless of race, ethnicity, gender, age, or sexual
				orientation;
(2) the program
				facility is compliant with the Americans with Disabilities Act (ADA);
(3) opioid treatment is provided with
				consideration for a patient's individual needs, cultural background, and
				values;
(4) provider staff members
				are culturally competent;
(5)
				unbiased language is used in the provider's print materials, electronic media,
				and other training or educational materials;
(6) HIV testing and education are available
				to patients either at the provider or through referral;
(7) a patient who is HIV-positive and who
				requests treatment for HIV or AIDS:
(a) is
				offered treatment for HIV or AIDS either at the provider or through referral;
				and
(b) has access to an HIV- or
				AIDS-related peer group or support group and to social services either at the
				provider or through referral to a community group; and
(8) for patients with a communicable disease
				such as HIV, AIDS, or hepatitis C, the provider has a procedure for
				transferring a patient's opioid treatment to a non-program medical practitioner
				treating the patient for the communicable disease when it becomes the patient's
				primary health concern;
(9) an
				individual who requires administration of opioid treatment medication only for
				relief of chronic pain is:
(a) identified
				during the physical examination or assessment;
(b) not admitted for opioid medication
				treatment; and
(c) referred for
				medical services; and
(d) for a
				patient with a chronic pain disorder who is also physically dependent the OTP
				makes a good faith effort to coordinate treatment and services with the medical
				practitioner treating the patient for pain management.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.27 - PREPAREDNESS PLANNING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				program sponsor shall ensure that the program has:
(1) a written plan to ensure uninterrupted
				dispensing of medication in the event of dispensing staff turnover;
				and
(2) a written agreement with at
				least one other provider for the provision of opioid treatment medication to
				program patients in the event that the program is unable to provide
				services;
(3) 24-hour telephone
				answering service or other method to reach the program at all times;
				and
(4) a list of all patients and
				the patients' dosage requirements available and accessible to program on-call
				staff members.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.28 - PATIENT RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The OTP
				program shall establish and maintain a recordkeeping system that is adequate to
				document and monitor patient care. The system shall comply with all federal and
				state requirements relevant to OTPs and to confidentiality of patient
				records.
B. Each patient record
				shall include:
(1) the results of the physical
				examination;
(2) the results of all
				assessments;
(3) the treatment plan
				and all updates or revisions;
(4)
				the results of laboratory tests and a description of any action taken based
				upon the results;
(5) documentation
				of the patient's current dose and dosage history;
(6) documentation of counseling provided to
				the patient;
(7) dates and results
				of meetings or conferences regarding the patient's treatment;
(8) documentation of the process used and
				factors considered in making decisions that impact a patient's treatment, such
				as whether to allow take-home medication and the frequency of laboratory drug
				detection tests; and
(9)
				documentation of the agency's efforts to learn of multiple opioid treatment
				program enrollment;
(10)
				documentation that the patient has received and understood information
				regarding the harmful effects of diversion of opioid treatment
				medication.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.29 - COMMUNITY RELATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				program sponsor shall ensure that policies and procedures are developed,
				implemented, and complied with to educate and promote understanding in the
				community about opioid treatment and include:
(1) a mechanism for eliciting input from the
				community about the provider's impact on the community;
(2) a requirement that the program sponsor or
				designee interface with community leaders to foster positive
				relations;
(3) a requirement that
				the program sponsor or designee establish a liaison with community
				representatives to share information about the program;
(4) a requirement that the agency have
				information on substance abuse and related health and social issues available
				to the public;
(5) a mechanism for
				addressing and resolving community concerns about opioid treatment or the
				program's presence in the community; and
(6) a mechanism that addresses getting
				approval for continued treatment in treatment or care facilities and
				correctional facilities.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 10 - OPIOID TREATMENT PROGRAMS › Section 8.321.10.30 - DIVERSION CONTROL

Current through Register Vol. 35, No. 13, July 16, 2024
The program sponsor shall ensure that a written plan is
				  developed, implemented, and complied with to prevent diversion of opioid
				  treatment medication from its intended purpose to illicit purposes. This plan
				  shall assign specific responsibility to licensed and administrative staff for
				  carrying out the diversion control measures and functions described in the
				  plan. The program shall develop and implement a policy and procedure providing
				  for the reporting of theft or diversion of medication to the relevant
				  regulatory agencies, and law enforcement authorities.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to public, profit and not for profit
				  crisis triage centers providing the services specified in these regulations.
				  Any crisis triage center providing services specified in these regulations must
				  be licensed under these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations set forth herein are promulgated pursuant to
				  the general authority granted under Subsection E of Section 9-8-6, NMSA 1978;
				  and the authority granted under Subsection D of Section 24-1-2, Subsection I of
				  Section 24-1-3 and Section 24-1-5 NMSA 1978. Section 9-8-1 et seq. NMSA 1978
				  establishes the health care authority (authority) as a single, unified
				  department to administer laws and exercise functions relating to health care
				  purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. To establish
				minimum standards for licensing crisis triage centers that provide quality
				crisis stabilization services outside of a hospital setting.
B. To ensure the provision of quality
				services which maintain or improve the health and quality of life to the
				clients.
C. To monitor compliance
				under these regulations through surveys and to identify any facility areas
				which could be dangerous or harmful.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definitionsbeginning with "A":
(1)
"Administrator"
means the
				person who is delegated the administrative responsibility for interpreting,
				implementing, and applying policies and procedures at the crisis triage center.
				The administrator is responsible for establishing and maintaining safe and
				effective management, control and operation of the CTC and all of the services
				provided at the CTC including fiscal management. The administrator must meet
				the minimum administrator qualifications in these regulations.
(2)
"Advanced practice registered
				nurse"
means a registered nurse that includes a certified nurse
				practitioner, or a clinical nurse specialist as defined and licensed under the
				Nursing Practice Act, as amended, and related regulations, and is currently in
				good standing.
(3)
"Applicant"
means the individual or legal entity that applies for
				a CTC license to provide services in a particular facility. If the applicant is
				a legal entity, the individual signing the license application on behalf of the
				legal entity must have written legal authority from the legal entity to act on
				its behalf and execute the application. The license applicant must be the legal
				owner of the entity providing services, but not necessarily the
				facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.8 - STANDARD OF COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
The degree of compliance required throughout these
				  regulations is designated by the use of the words "shall" or "must" or "may".
				  "Shall" or "must" means mandatory compliance. "May" means permissive
				  compliance. The words "adequate", "proper", and other similar words mean the
				  degree of compliance that is generally accepted throughout the professional
				  field by those who provide services to the public in
				  facilities.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.9 - SCOPE OF SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General scope of services:
These regulations apply to crisis
				triage centers (CTC) which are health facilities offering youth and adult
				outpatient and residential care services. A CTC provides stabilization of
				behavioral health crises as outpatient stabilization or short-term residential
				stabilization in a residential rather than institutional setting, which may
				provide an alternative to hospitalization or incarceration. The CTC services
				may vary in array of services offered to meet the specific needs of different
				communities in New Mexico. A CTC may provide limited detoxification services
				but is differentiated from a detoxification center in that it does treat
				individuals who require treatment beyond Level III.7-D: Medically Monitored
				Inpatient Detoxification. The CTC provides emergency behavioral health triage
				and evaluation. The CTC may serve individuals 14 years of age or older who meet
				admission criteria. The CTC shall offer services to manage individuals at high
				risk of suicide or intentional self-harm. The CTC shall not refuse service to
				any individual who meets criteria for services.
B.
Type of services:
(1) a CTC structured for less than 24-hour
				stays providing only outpatient withdrawal management or other stabilization
				services;
(2) a CTC providing
				outpatient and residential crisis stabilization services; and
(3) a CTC providing residential crisis
				stabilization services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.10 - INITIAL LICENSE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations should be thoroughly understood and used by
				  the applicant, when applying for the initial CTC license. The applicant for an
				  initial CTC license under these regulations must follow these procedures when
				  applying for a license.
A.
Notification and letter of intent:
The owner shall advise the
				licensing authority of its intent to open a crisis triage center pursuant to
				these regulations by submitting a letter of intent. The letter of intent must
				be on the applicant's letterhead and signed by a person with authority to make
				legal decisions for the owner and the CTC and at a minimum, include the
				following:
(1) the name of CTC;
(2) the name of the legal owner and licensee
				and the type of legal entity under which the CTC shall be owned;
(3) the name of the management company, if
				any;
(4) the type of facility
				license requested;
(5) the name and
				resume of the proposed administrator;
(6) the anticipated number of residential and
				non-residential clients to be served;
(7) the intended population and age range of
				the clients to be served;
(8) the
				number of residential beds in the proposed CTC;
(9) the physical address of CTC including
				building name or suite number;
(10)
				the mailing address, if different from physical address;
(11) the applicant's contact name(s),
				address, e-mail address, and telephone number(s);
(12) the anticipated payers and sources of
				reimbursement; and
(13) a list of
				all services to be provided at the CTC location which is requesting the
				license.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.11 - LICENSE TYPES, VARIANCES & WAIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Temporary license:
(1) The licensing authority may, at its sole
				discretion, issue a temporary license prior to the initial survey, or when the
				licensing authority finds partial compliance with these regulations.
(2) The licensing authority may, at its sole
				discretion, issue a temporary license before clients are admitted, provided
				that the CTC has:
(a) submitted a license
				application, with required supporting documents;
(b) has met all of the applicable life safety
				code requirements; and
(c)
its program, policies, and procedures
				have been reviewed and approved for compliance with these
				regulations.
(3) a
				temporary license is not guaranteed under these regulations and shall be
				limited and restricted to:
(a) a period, not
				to exceed 120 days, during which the CTC must correct all specified
				deficiencies;
(b) no more than two
				consecutive temporary licenses shall be issued in accordance with applicable
				statutes and regulations;
(c) a
				finding that the applicant is qualified and in full compliance with life safety
				code requirements;
(d) the CTC
				being allowed to accept clients and provide care services, subject to any
				requirements and restrictions attached to the temporary license;
(e) a statement from the applicant that they
				are qualified and in full compliance with these regulations and the owner has
				requested an initial health survey from the licensing authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.13 - POSTING OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The CTC's official license must be posted in a conspicuous
				  place on the licensed premises in an area visible to the
				  public.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.14 - NON-TRANSFERABLE RESTRICTION ON LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A license granted under these regulations is not transferable
				  to any other owner, whether an individual or legal entity, or to another
				  location. The authority shall not guarantee or be liable for or responsible for
				  guaranteeing the transfer of the license to any other owner or other location.
				  The existing license shall be void and must be returned to the licensing
				  authority when any one of the following situations occurs:
A. any ownership interest in the CTC
				changes;
B. the CTC changes
				location;
C. the licensee of the
				CTC changes; or
D. the CTC
				discontinues operation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.15 - CHANGE OF OWNERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
When a change of ownership occurs, an initial license
				  application must be submitted by the new owner per the requirements in this
				  section. The new owner must demonstrate compliance with these regulations the
				  instant it takes responsibility of the CTC. The licensing authority may, at its
				  sole discretion, approve a change of ownership. In addition to the requirements
				  in Section 8.321.11.10 NMAC - application for licensure, the new owner must
				  submit the following at least 60 days prior to completion of the change of
				  ownership:
A. An explanation of terms
				of the change of ownership and the date the ownership will change.
B. Documents evidencing the change of
				ownership such as proof of sale or donation, lease of any portion of the CTC or
				other relevant documents.
C.
				Building plans of the current structure with any modifications known to the
				current or new owner.
D. A
				continuity of care transition plan that describes how the new owner will
				maintain the provision of services and continuity of care, keep residential
				clients safe and meet the requirements of these regulations at the instant it
				takes responsibility of the CTC. The plan must state the actions that will
				occur, the party responsible for taking each action, and the expected date of
				completion for each action. The plan must include the following:
(1) list of all residential clients at the
				time of notice to the licensing authority;
(2) review and update of all residential
				client assessments. All assessments must be current and accurate;
(3) review and update of all crisis
				intervention plans for clients receiving service at the time of transition and
				for all residential clients. All plans must be current and accurate;
(4) staffing as required in Section
				8.321.11.29 NMAC of these rules and the number and positions of current staff
				that will be hired by the new owner;
(5) staff training as required in Section
				8.321.11.32 NMAC;
(6)
				identification of all waivers or variances held by the current owner, and
				submission of any necessary waivers or variances. All waivers or variances held
				by the current owner are void upon the change of ownership;
(7) signed transfer agreements as required in
				Section 8.321.11.22 NMAC of these rules.
(8) Failure by any individual or entity to
				apply for and obtain a new license while continuing to operate under these
				regulations, shall be considered in violation of these regulations and the
				secretary may issue a cease-and-desist order, to protect human health or safety
				or welfare. The unlicensed CTC may request a hearing that shall be held in the
				manner provided under these regulations and all other applicable
				regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.16 - AUTOMATIC EXPIRATION OR TERMINATION OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
An existing license shall automatically expire at midnight on
				  the day indicated on the license, unless it is renewed sooner, or it has been
				  suspended or revoked.
A. If a CTC
				discontinues operation, is sold, leased or otherwise changes any ownership
				interest or changes location, the existing license shall automatically expire
				at midnight on the date of such action.
B. Failure by any owner or new owner to apply
				for a renewal or new license, while continuing to operate under these
				regulations, shall be considered a violation and subject to the imposition of
				civil monetary penalties, sanctions or other actions for operating without a
				license, allowed under these regulations and all other applicable statutes and
				regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.17 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Suspension of
				license without prior hearing: If immediate action is required to protect human
				health and safety, the licensing authority may act in accordance with Section
				24-15 NMSA 1978, as amended, and suspend a license pending a hearing, provided
				such hearing is held within five working days of the suspension, unless waived
				by the licensee.
B. An initial
				license application or a renewal license application may be denied, or an
				existing license may be revoked or suspended, or intermediate sanctions or
				civil monetary penalties may be imposed, after notice and opportunity for a
				hearing, for any of the following:
(1) failure
				to comply with any provision of these regulations;
(2) failure to allow access to the CTC and
				survey(s) by authorized representatives of the licensing authority;
(3) allowing any person to work at the CTC
				while impaired physically or mentally or under the influence of alcohol or
				drugs in a manner which harms the health, safety or welfare of the clients,
				staff or visitors;
(4) allowing any
				person, subject to all applicable statutes and regulations, to work at the CTC
				if that person is listed on the employee abuse registry, nurse aid registry, or
				considered an unemployable caregiver or has a disqualifying conviction under
				the caregiver's criminal history screen act, as amended, and related
				regulations, as amended.
(5) the
				list above shall not limit the authority from imposing sanctions and civil
				monetary penalties under all applicable statutes, regulations and
				codes.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.18 - HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Hearing procedures for an administrative appeal of an adverse
				  action taken by the authority against a CTC's license will be held in
				  accordance with applicable rules relating to adjudicatory hearings, including
				  but not limited to, Section 8.370.2 NMAC. A copy of the above regulations will
				  be furnished at the time an adverse action is taken against a CTC's license by
				  the licensing authority, if the regulations cannot be obtained from a public
				  website.