New Mexico Register / Volume XXX, Issue 23 / December 17,
2019
TITLE 7 HEALTH
CHAPTER 8 RESIDENTIAL HEALTH FACILITIES
PART 4 GENERAL
REQUIREMENTS FOR BOARDING HOMES
7.8.4.1 ISSUING
AGENCY: New Mexico department of health, division of health
improvement.
[7.8.4.1
NMAC – N/E, 12/5/2019]
7.8.4.2 SCOPE: These
requirements apply to public or private boarding homes which come within the
statutory definition of “health facilities” as set out in Subsection F of
Section 24.1.2 NMSA 1978 public health act and which are required to be
licensed by the state licensing authority.
This rule applies to all boarding home facilities which receive lodging
for compensation and are operated to provide assistance with one or more
instrumental activities of daily living to residents or assistance with the
coordination of community services and who do not need the level of services
and supervision provided in a skilled nursing facility, intermediate care
facility, assisted living facility, nor a general or special hospital or other
institution, nor does it include boarding homes under the control of an
institution of higher learning. These
requirements shall not include any facility which is otherwise licensed and
regulated by the department, or any hotel or other landlord-tenant relationship
or homeless shelter.
[7.8.4.2
NMAC – N/E, 12/5/2019]
7.8.4.3 STATUTORY AUTHORITY:
The requirements set forth herein are promulgated by the secretary of
the department of health, pursuant to the general authority granted under
Subsection E of Section 9-7-6, NMSA 1978, as amended and the authority granted
under Subsections F and J of Sections 24-1-2 and 24-1-3 respectively and
24-1-5, NMSA 1978, of the public health act as amended.
[7.8.4.3
NMAC – N/E, 12/5/2019]
7.8.4.4 DURATION: Permanent.
[7.8.4.4 NMAC - N/E, 12/5/2019]
7.8.4.5 EFFECTIVE DATE: December 5, 2019, unless a later date is
specified at the end of a section.
[7.8.4.5 NMAC – N/E, 12/5/2019]
7.8.4.6 OBJECTIVE:
A. Establish standards for licensing boarding home facilities
for adults in order to ensure the health, safety, and welfare of individuals in
need of such services.
B. Encourage
the establishment and maintenance of boarding home facilities for adults that
provide a humane, safe and homelike environment for elderly, disabled, or other
persons who need personal care services and supervision, but who do not need
institutional residential care or assistance with activities of daily living.
C. Establish standards for the
construction, maintenance and operation of boarding home facilities.
D. Regulate such facilities in
providing the appropriate level of care for residents, and to use supportive
services in the surrounding community to meet the needs of residents.
E. Provide
for facility compliance with these requirements through surveys to identify any
areas that could be dangerous or harmful to the health, safety, or welfare of
the residents and staff.
[7.8.4.6 NMAC – N/E, 12/5/2019]
7.8.4.7 DEFINITIONS.
A. “Abuse” means,
(1) knowingly, intentionally and without justifiable cause
inflicting physical pain, injury or mental anguish, and includes sexual abuse
and verbal abuse; or
(2) the
intentional deprivation by a caretaker or other person of services necessary to
maintain the mental and physical health of a person, or injury, sexual misuse,
or neglect resulting in harm of an individual resident.
B. “Amended license” means a change of
manager name, location, capacity, classification of
any units as listed in these requirements requires a new license:
(1) the
application shall be on a form provided by the licensing authority;
(2) the
application shall be accompanied by the required fee for an amended license;
and
(3) the application
shall be submitted at least 10 working days prior to the change.
C. “Activities of daily living (ADLs)” as
per 42 CFR § 441.505, “means basic personal everyday activities
including, but not limited to, tasks such as eating, toileting, grooming,
dressing, bathing, and transferring”
D. “Annual license” means a license issued for a one-year period
to a boarding home that has met all license requirements prior to the initial
state licensing survey, or when the licensing authority finds partial compliance
with these requirements.
E. “Applicant” means the
individual who, or organization which, applies for a license; if the applicant
is an organization, then the individual signing the application on behalf of
the organization must have the authority to sign for the organization.
F. “APS” means the adult
protective services division of the New Mexico aging and long term services
department.
G. “Assisted living facility” as
per 7.8.2 NMAC means, a health facility operated for the care of two or more adults
who need or desire assistance with one or more activities of daily living.
H. “Bed”
is a piece of furniture which is used as a place to sleep. A bed is a cushioned
mattress on a bed frame, the mattress resting on a solid base of wood slats or
a box spring inner sprung base. A cot, futon, bunkbed or day bed shall not be
use as a bed. The bed must be at a minimum a standard size “twin” or larger
bed.
I. “Boarding home” also known as a
“board and care home” means any facility that is required to be licensed by
the department of health, that provides 24 hour a day assistance with instrumental activities of
daily living or assistance with the coordination of community services, for two
or more adults age 18 or older, not related to the owner, that admits residents
discharged from any mental or behavioral health care institution.
J. "Care and supervision" means any one or more of the
following activities provided by a person or facility to meet the needs of the
residents:
(1) “Limited assistance with self-administered
medication” means the individual is capable to self-administer their medication
or treatment, but may need cues, reminders or prompts or assistive technology
to self-administer their medications. It may include assisting (if needed) with
opening of a medication container for the resident and other assistance not
involving medication administration. If
limited assistance with self-administered medication is being provided, the
resident retains all responsibility for taking their medications. Limited
assistance with self-administered medication is not the same as medication
administration which requires a registered nurse (RN) to perform or a certified
medication assistant (CMA) under RN supervision who follows board of nursing
regulations 16.12.5.10 NMAC.
(2) Central storing and/or distribution
of medications, as specified in 16.19.11.1 NMAC as per the requirements for a
boarding and residential care home defined as a licensed custodial care
facility by the board of pharmacy.
(3) Arrangement of and assistance with
medical and dental care.
(4) Maintenance of house rules for the
protection of residents.
(5) Supervision of resident schedules and
activities.
(6) Maintenance and/or supervision of
resident’s cash resources or property, money management.
(7) Monitoring food intake or special
diets.
(8) Providing basic services, such as,
preparing meals, shopping, housework, using a phone or
other technology, or assisting with filling out a job application.
K. “CMS” means centers for medicare & medicaid services.
L. “Consultant pharmacist” means a person licensed in
New Mexico under the pharmacy act. Subsection D of Section
61-11-2, NMSA 1978, as a consultant pharmacist.
M. “Department” means the New Mexico department of
health.
N. “Dormitory” means a space in a
building where group sleeping accommodations are provided in one room, or in a
series of closely associated rooms, for persons not members of the same family
group, under joint occupancy and single management, as in college dormitories
or fraternity houses.
O. “Instrumental activities of daily living (IADLs)” as per 42
CFR § 441.505, “means activities related to living independently in the
community, including but not limited to, meal planning and preparation,
managing finances, shopping for food, clothing, and other essential items,
performing essential household chores, communicating by phone or other media,
and traveling around and participating in the community”.
P. “Legally authorized person” means a parent of a minor,
a court appointed guardian, or a person authorized by the resident in
accordance with law to act on the resident’s behalf.
Q. “Licensee” means the person(s) who,
or organization which, has an ownership, leasehold, or similar interest in the
facility and in whose name a license has been issued and who is legally
responsible for compliance with these
requirements.
R. “Licensing authority” means the agency within the department vested with the
authority to enforce these requirements.
S. “Limited assistance with self-administered medication” means the individual is capable to
self-administer their medication or treatment, but may need cues, reminders or prompts
or assistive technology to self-administer their medications. It may include
assisting (if needed) with opening of a medication container for the resident
and other assistance not involving medication administration. If limited assistance with self-administered
medication is being provided, the resident retains all responsibility for
taking their medications.
T. “Manufactured
home”
means any home factory-built in the U.S. to the HUD Title 6 construction
standards (commonly known as ‘the HUD-code’) and built on a permanent chassis
to ensure transportability.
U. “Mechanical support”:
means any article, device, or garment which is used only to achieve the proper
position or balance of the resident, which may include but is not limited to a
geriatric chair, posey belt, or jacket, waist belt,
pillows, or wedges. Necessity for mechanical support use must be documented in
the resident’s record and such use must be outlined in the resident's needs and
supports care plan. Mechanical supports shall not be considered physical
restraints when used pursuit to the residents needs and supports care plan.
V. “Medication administration”
also known as: “administration of medications”, means, a process whereby
a prescribed drug or biological agent is given to a patient/client by a person
licensed or certified by the board (board of nursing) to administer
medications; as set forth in Paragraph (2) of Subsection A of 16.12.2.7 NMAC.
W. “Misappropriation of property” means the deliberate
misplacement, misappropriation of residents’ property, or wrongful, temporary
or permanent use of a resident’s belongings or money without the resident’s’
consent.
X. “Modular
home” A
modular home is any home factory-built pursuit to the New Mexico regulation and
licensing department construction industries & manufactured house
regulations, Section 14.12.1 through 11 NMAC, may be built as an “on-frame” or
“off-frame” modular. On-frame will be built on a permanent chassis, whereas,
the off-frame modular will be built with removal of the chassis frame in mind.
An off-frame modular will usually require additional cranes to assist with home
placement.
Y. “Mobile
home”
means (also known as: trailer home, or house trailer) is a prefabricated
structure, built in a factory on a permanently attached chassis before being
transported to site (either by being towed or on a trailer), and used
permanently or semi-permanently in one place.
Z. “Needs and services plan” means a written
comprehensive plan, that identifies all needs and services for a resident.
AA. “Neglect” means the failure to
provide goods and services necessary to avoid physical harm, mental anguish, or
mental illness. means, subject to a person’s right to
refuse treatment and subject to a provider’s right to exercise sound medical discretion,
the failure of an employee to provide basic needs such as clothing, food,
shelter, supervision, protection and care for the physical and mental health of a person or failure by a person that may cause
physical or psychological harm. Neglect
includes the knowing and intentional failure of an employee to reasonably
protect a recipient of care or services from nonconsensual, inappropriate or
harmful sexual contact, including such contact with another recipient of care
or services.
BB. “Nontransient” means
occupancy of a dwelling unit or sleeping unit for more than 30 days. See also;
resident.
CC. “Owner” means the individual who, or organization which,
applies for a license. If the owner is an organization, then the individual
signing the application on behalf of the organization,
must have authority to submit the application from the organization. The owner
is also known as the applicant.
DD. “Personal care services” means
instrumental activities of
daily living.
EE. “Pharmacist” means a person licensed in New Mexico under
the Pharmacy Act, Sections 61-11-1 to 61-11-29, NMSA
1978.
FF. “Pharmacy”
means a place where drugs are compounded or dispensed that is licensed by the
New Mexico board of pharmacy.
GG. “Physical
abuse” means damaging or potentially damaging acts or incidents that result
in bodily injury or death.
HH. “Registered nurse” means a person licensed as a professional
registered nurse under the Nursing Practice Act, Sections 61-3-1 through
61-3-30, NMSA 1978.
II. “Resident” means an individual
receiving services and residing in the licensed facility; including the
relatives of a licensee.
JJ. “Resident safety plan” means the required plan of
action to be taken by a boarding home to ensure resident health and safety in
case of accidents or emergencies involving environmental hazards, behavioral
incidents involving residents, and third-party acts of violence.
KK. “Residential services” means the provision
of living accommodations, meals and certain levels of personal care services
and supervision. Programmatic services
beyond basic residential services are provided at some facilities.
LL. “Restraint”
means anything which restricts freedom of movement or is used for discipline or
for the convenience of the facility. This
includes both chemical and physical restraints (such as; any article, device,
or garment which is used primarily to modify resident behavior by interfering
with the free movement of the resident, and which the resident is unable to
remove easily, or confinement in a locked room or chemical restraint: which
means a medication used primarily to modify behavior by interfering with the
resident's freedom of movement or mental alertness).
MM. “Transient”:
means occupancy of a dwelling unit or sleeping unit for not more than 30 days.
NN. “Variance” means a decision that is
made at the discretion of the licensing authority to allow a facility to
deviate from a portion(s) or to modify a provision of this rule for an
unspecified period of time, provided that the health, safety, or welfare of the
residents and staff are not in danger.
OO. “Waive
or waiver”
means a decision that is made at the discretion of the licensing authority to
allow a facility to deviate from a portion(s) or to modify a provision of this
rule for a limited and specified period of time, provided that the health,
safety, or welfare of the residents and staff are not in danger.
[7.8.4.7
NMAC – N/E, 12/5/2019]
7.8.4.8 STANDARD
OF COMPLIANCE: 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.
[7.8.4.8
NMAC – N/E, 12/5/2019]
7.8.4.9 SCOPE OF SERVICES:
A. General scope of services: These
regulations apply to non-medical boarding homes that are required to be
licensed under the public health act by the department of health to provide
residential placement to individuals seeking assistance with instrumental activities of
daily living or assistance with accessing or the coordination of community
services who may have been discharged from any mental or behavioral health care
institution. Individuals who need one or
more activities of daily living or who need a higher level of services and
supervision provided in a skilled nursing facility, intermediate care facility,
assisted living facility, a general or special hospital or other institution,
are not appropriate for placement in a boarding home.
B. Licensure is required.
(1) No boarding home facility as defined
in Subsection I of 7.8.4.7 NMAC may operate in New Mexico unless it is licensed
in accordance with the requirements of the New Mexico department of health.
(2) Any boarding home health facility
providing services described in these regulations that is
in operation on the effective date of these regulations must apply for
licensure within 30 days of the effective date. Such facilities will be
permitted to operate during the licensure process and will have 180 days to obtain
full licensure. During this licensure period however, immediate compliance with
the following sections is required:
(a) Subsection D of 7.8.4.49 NMAC
(b) Subsections A and D of 7.8.4.50 NMAC
(c) Section 7.8.4.51 NMAC
(d) Subsections A and D of 7.8.4.52 NMAC
(e) Subsections E and F of 7.8.4.66 NMAC
(3) If an unlicensed boarding home is
found to be providing services for which a license is required under these
regulations or other health facility regulations, the secretary may issue a cease-and-desist
order, to protect human health or safety or welfare.
C. Exemption from licensure:
(1) The boarding home facility
regulations contained in this rule shall not apply to any of the following:
(a) Any licensed health facility, as
defined by the public health act Subsection F of Section 24-1-2, NMSA 1978
licensed by the department of health.
(b) Any clinic, as defined by the public
health act Subsection F of Section 24-1-2 NMSA 1978 licensed by the department
of health.
(c) Any home operated by a home and
community-based medicaid waiver service provider,
under contract with the department of health to provide waiver services.
(d) Any house, institution, hotel,
homeless shelter, or other similar place that supplies board and room only, or
room only, or board only, which provides no element of care and supervision
(e) Any school dormitory or similar
facility where all of the following conditions exist:
(i) The
school is certificated/registered by the state
department of education.
(ii) The school and the school dormitory
are on the same grounds.
(iii) All children accepted by the school are
six years of age or older.
(iv) The
program operates only during normal school terms unless the academic program runs
year-around.
(v) The school's function is educational
only.
(vi) The
school program is not designated as providing rehabilitative or treatment
services.
(f) Any care and supervision of persons
by a relative, guardian or conservator.
(g) Any care and supervision of persons
from only one family by a close friend of the parent, guardian or conservator,
provided that such arrangement is not for financial profit and does not exceed
10 hours per week. The provision of longer hours of care shall not be precluded
when provided for a brief period of time for reasons, including but not limited
to family emergencies, vacation, and military leave.
(h) Any arrangement for the care and
supervision of an adult or adults from only one close friend, who is not a
licensee or current employee of a residential care facility for the elderly or
of an adult residential facility, and whose friendship pre-existed a
provider/recipient relationship, and all of the following are met:
(i) The
care and supervision is provided in a home or residence chosen by the
recipient, regardless of who owns the home or residence.
(ii) The arrangement is not of a business nature, in that the
provider does not represent himself or herself as being in the business of
provision of care, and any compensation that may be paid to the provider is
only for the value of the services rendered.
(iii) The arrangement occurs and continues
only with the one resident.
(i) Any
housing project for elderly or disabled individuals that meets other federal
requirements
[7.8.4.9 NMAC – N/E, 12/5/2019]
7.8.4.10 GENERAL
LICENSING REQUIREMENTS:
A. Application and requirements for licensure:
(1) All
initial applications shall be made on forms provided by the licensing
authority.
(a) All
information requested on the application must be provided.
(b) The
application must be dated and signed by the person who shall be the licensee.
(c) The
application must be notarized.
(2) In
every application, the applicant shall provide the following information:
(a) The
identities of all persons or business entities having the authority, directly
or indirectly, to direct or cause the direction of the management or policies
of the facility;
(b) The
identities of all persons or business entities having five percent ownership
interest whatsoever in the facility, whether direct or indirect, and whether
the interest is in the profits, land or building, including owners of any
business entity which owns any part of the land or building, and
(c) The
identities of all creditors holding a security interest in the premises,
whether land or building; and
(d) In the case of a change of ownership, disclosure of
any relationship or connection between the old licensee and the new licensee,
and between any owner or operator of the new licensee, whether direct or
indirect.
(3) A license shall not be granted to an
owner/applicant who does not clear the caregiver criminal history screening
process as set forth in 7.1.9.8 NMAC. The applicant shall also provide to the
department information including, but not limited to, felony convictions, a
civil judgement against you for fraud, embezzlement or misappropriation of
property, and any state or federal adverse action resulting in suspension or
revocation of license or permit. All criminal history records obtained pursuant to this section by the
department of health are confidential pursuant to Section 29-17-5 NMSA 1978.
(4) The new applicant shall submit
evidence of sufficient resources to permit operation of the facility for a
period of six months. The evidence shall
include a credit report from one of the three recognized credit bureaus with a
minimum credit score of 650 or above;
(5) No license may be issued unless and
until the applicant has supplied all information requested by the department.
(6) Fees:
All applications for initial licensure must be accompanied by the
required fee.
(a) Current fee schedules may be
requested from the licensing authority.
(b) Fees
must be in the form of a certified check, money order, personal or business
check made payable to the state of New Mexico.
(c) Fees
are non-refundable.
B. Notification and letter of intent: The license applicant shall advise the licensing authority of its intent
to open a boarding home facility 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 license applicant and the facility and at a minimum, include the following:
(1) the
name of facility;
(2) the
name of the legal owner and licensee and the type of legal entity under which the facility 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 manager;
(6) the
anticipated number of
residents to be served;
(7) the
number of residential
beds in the proposed facility;
(8) the
physical address of facility including building name or suite number;
(9) the
mailing address,
if different from physical address;
(10) the
applicant’s contact name(s), address, e-mail address, and telephone number(s);
(11) the
anticipated payers and sources of reimbursement; and
(12) a list of all services to be provided at the facility location which is requesting the license.
C. License application and fees: After review by the department of the letter of intent for general compliance with these regulations and verification that an application is appropriate under these regulations, the
owner shall be required to complete a license application on a form provided by the department.
Prior to any
construction, renovation or addition to an existing building and after review and approval of the letter of intent by the department, the applicant must submit to the licensing authority an application form provided by the department, fully completed, printed or typed, dated, signed, and notarized
accompanied by the required fee. If electronic filing
of
license applications is available at the time of application, the applicant will be required to follow all electronic filing requirements, and may forgo any notary requirements, if specifically allowed under the applicable electronic filing statutes, regulations and requirements. The
licensing authority will provide current fee schedules. The
department reserves the right to require additional documentation to verify the
identity of the applicant in order to verify whether any federal or state exclusions may apply to the applicant. Fees must be paid in the form of a certified check, money order, personal, or business check, or electronic transfer (if available), made payable to the state of New Mexico, and are non-refundable.
The applicant must
also attach to the application and submit to the department, a set of building plans which includes all of the information required by these rules, accompanied by proof of zoning approvals by the applicable building
authority.
D. Program description: The applicant must submit with its license
application a program outlines consistent with these regulations which includes
at a minimum, the following information:
(1) a list and description of all services and the scope of
those services to be provided by the proposed facility;
(2) projected
number of residents to be served monthly;
(3) a list of staffing and personnel requirements and duties to
be performed;
(4) proposed
staffing plans;
(5) admission and discharge criteria; and
(6) an organizational structure diagram or chart including the
manager, governing body, direct care staff, and other staff.
E. Policies and
procedures: The applicant must
submit with its license application a copy of the facility’s policies and
procedures with a crosswalk to these regulations to show compliance.
F. Building plans: the application for licensure must also
include building plans as set in this rule.
Boarding homes licensed for three or fewer residents are not required to
submit building plans.
G. Additional documents
required for license application:
The following additional documents are required to be provided as part
of the initial licensure process prior to the issuance of a temporary license,
include, but are not limited to:
(1) Building
approvals: The applicant must submit
all building approvals required for the facility to operate in the jurisdiction
in which it is located, including but not limited to:
(a) written zoning approval,
(b) building permit final approval, and/or certificates of
occupancy from the appropriate authority (state, city, county, or municipality)
for business occupancy; and
(c) fire marshal approvals from the fire safety authority having
jurisdiction
(2) Environment
department approvals: If applicable
or required, the applicant must provide written approval from the New Mexico
environment department for the following:
(a) private water supply;
(b) private waste or sewage disposal;
(c) kitchen/food
service:
(3) Custodial
pharmacy permit: Any facility
licensed pursuant to these regulations that supervises
self-administration of medication for the residents or safeguards medication
for residents must have an appropriate custodial drug permit from the state
board of pharmacy.
[7.8.4.10
NMAC – N/E, 12/5/2019]
7.8.4.11 ACTION BY THE DEPARTMENT:
A. After receiving
complete application, the department shall investigate the applicant to
determine the applicant's ability to comply with these regulations.
B. Within 60 days
after receiving a complete application for a license, the department shall
either approve the application and issue a license or deny the application. If
the application for a license is denied, the department shall give the
applicant reasons, in writing, for the denial.
C. The licensing
authority shall not issue a new license if the applicant has had a health
facility license revoked or denied renewal or has surrendered a license under
threat of revocation or denial of renewal, or has lost certification as a medicaid provider as a result of violations of applicable medicaid requirements. The licensing authority may refuse
to issue a new license if the applicant has been cited repeatedly for
violations of applicable regulations found to be class “A” or class “B”
deficiencies as defined in health facility sanctions and civil monetary
penalties, 7.1.8 NMAC, or has been noncompliant with plans of correction.
[7.8.4.11
NMAC – N/E, 12/5/2019]
7.8.4.12 TYPES OF LICENSE:
A. Annual
license: An annual license is issued for a one year period to a boarding home
facility which has met all requirements of these regulations. If a temporary
license is issued, once the department has issued a written determination of
full compliance with these regulations, an annual license will be issued with
the renewal date of the annual license based upon the initial date of the first
temporary license.
B. Temporary
license: 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.
(1) A
temporary license shall cover a period of time, not to exceed 120 days.
(2) In
accordance with Subsection D of Section 24-1-5 NMSA 1978, no more than two
consecutive temporary licenses shall be issued.
(3) a temporary license prior to the initial survey, or when the
licensing authority finds partial compliance with these regulations and the
following:
(a) submitted a license application, with
required supporting documents;
(b) has met all of the applicable life safety code requirements;
and
(c) its program description has been reviewed for compliance
with these regulations;
(d) a temporary license is not guaranteed under these
regulations and shall be limited and restricted to:
(i) a finding
that the applicant is qualified and in full compliance with these requirements;
(ii) the facility being allowed to accept residents 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, in
full compliance with these regulations and has requested an initial health
survey from the licensing authority.
C. Amended license:
A licensee must apply to the licensing authority for an amended license when
there is a change of manager or when there is a change of name for the
facility, but an amended license shall only be issued if the manager is not an
owner. If the manager is also the owner, a new license application must be
submitted as provided in this regulation. The amended license application must:
(1) be on a form, or filed electronically if available, as
required by the licensing authority;
(2) be accompanied by the required fee for the amended license;
and
(3) be submitted within 10 working days of the change.
[7.8.4.12
NMAC – N/E, 12/5/2019]
7.8.4.13 SCOPE OF LICENSE:
A. The licensed is
issued only for the premises and the persons named in the license application
and may not be transferred or assigned by the licensee.
B. The license
shall state any applicable restrictions, including maximum bed capacity and the
level of care that may be provided, and any other limitations that the
department considers appropriate and necessary taking all facts and
circumstances into account.
C. A licensee shall
fully comply with all requirements and restrictions of the license.
[7.8.4.13
NMAC – N/E, 12/5/2019]
7.8.4.14 SEPARATE LICENSES: Separate licenses shall be
required for facilities which are maintained on separate premises even though
they are under the same management.
Separate licenses shall not be required for separate buildings on the
same ground or adjacent ground.
[7.8.4.14
NMAC – N/E, 12/5/2019]
7.8.4.15 LICENSE RENEWAL:
A. Licensee
must submit a renewal application, electronically, if available, or on forms
authorized by the licensing authority, along with the required license fee at
least 30 days prior to expiration of the current license. The applicant shall certify that the facility
complies with all applicable state and federal regulations in force at the time
of renewal. The department reserves the
right to require that a renewal applicant provide all additional documents,
including any necessary proof of current compliance, as part of its license
renewal application for the department to determine whether the applicant and
the facility are in full compliance with these regulations.
B. Upon receipt of
the renewal application and the required fee, the licensing authority will
issue a new license effective the day following the date of expiration of the
current license, if the facility is in substantial compliance with these
regulations and all other applicable state and federal regulations.
C. If the existing license expires and
the licensee has failed to submit a renewal application, the department may
charge
the applicant a civil monetary penalty of $200, in accordance with Section
24-1-5.2 NMSA 1978, as amended, providing that during such time the facility
remains in full compliance with these regulations. If the facility does not renew its license
and continues to operate without paying civil monetary penalties and without
being in full compliance with these regulations, the facility shall cease
operations until it obtains a new license through the initial licensure
procedures and shall still be required to pay civil monetary penalties. Under Section 24-1-5 NMSA 1978, as amended,
no boarding home shall be operated without a license and any such failure may
subject the operators to various sanctions and legal remedies, including at a
minimum the imposition of civil monetary penalties.
D. It
shall be the sole responsibility and liability of the licensee to be aware of
the status, term and renewal date of its license. The licensing authority shall not be
responsible to notify the facility of the renewal date or the expiration date
of the facility’s license.
E. After
issuance of the initial license, if the facility is in substantial compliance
with these regulations and provides an application and fee the facility may be
issued a license renewal. The
department, at its sole discretion, reserves the right to require additional
documentation of compliance with these regulations and all applicable state and
federal statutes and regulations by the licensee at the time of license
renewal.
[7.8.4.15
NMAC – N/E, 12/5/2019]
7.8.4.16 POSTING: The license or a certified copy thereof shall
be conspicuously posted in a location or accessible to public view within the
facility.
[7.8.4.16
NMAC – N/E, 12/5/2019]
7.8.4.17 REPORT OF CHANGES:
A. The licensee
shall notify the department in writing of any changes in the information
provided, within 10 days of such changes. This notification shall include
information and documentation regarding such changes.
B. When a change of
manager occurs, the department shall be notified within 10 days in writing by
the licensee. Such writing shall include the name and license number of the new
manager.
C. Each licensee
shall notify the department within 10 days in writing of any change of the
mailing address of the licensee. Such writing shall include the new mailing
address of the licensee.
D. When a change in
the principal officer of a corporate license (chairman, president, general
manager) occurs the department shall be notified within 30 days in writing by
the licensee. Such writing shall include
the name and business address of such officer.
E. Any decrease or
increase in licensed bed capacity of the facility shall require notification by
letter to the department and shall result in the issuance of a corrected
license.
[7.8.4.17
NMAC – N/E, 12/5/2019]
7.8.4.18 NON-TRANSFERABLE RESTRICTION ON LICENSE: A license granted under these regulations is
not transferable to any other owner, whether an individual or legal entity, or
to another location. The department
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 of the facility changes;
B. The facility
changes location;
C. The licensee of
the facility changes; or
D. The facility
discontinues operation.
E. A facility
wishing to continue operation as a boarding home facility under Subsections A
through D above must submit an application for initial licensure in accordance
with Paragraph (2) of Subsection B of 7.8.4.9 NMAC of these regulations, at
least 30 days prior to the anticipated change.
[7.8.4.18
NMAC – N/E, 12/5/2019]
7.8.4.19 CHANGE
OF OWNERSHIP: An individual or entity wishing to purchase
and continue operation of an already licensed facility shall:
A. Submit a new
application for an initial license in accordance with these regulations at
least 60 days prior to the anticipated change.
The department has the sole discretion to determine if it will issue a
license under the same terms and conditions of the existing license.
B. The current owners will
submit a letter citing the termination of current ownership, a closure plan and
a request for a change of ownership to the licensing authority no later
than 60 days prior to the date of sale.
C. The new owners
will complete and submit a new license application and transition plan. The license application and transition plan
must be submitted to the licensing authority no later than 60 days prior to the
date of sale. The new owners must
provide a letter agreeing to assume all liabilities to the state and provide
the following as described in the initial licensure procedures section of these
regulations:
(1) letter of
intent;
(2) license
application and fee;
(3) program
description;
(4) transition
plan; and
(5) policies and
procedures or a statement that the new owners are utilizing previously approved
policies and procedures.
(6) Transition plan with timelines must
include the following:
(a) process for the reassessment of residents;
(b) process
for hiring facility staff and staffing plan identifying staff that will cover
all duties upon transition; and
(c) transfer agreements.
(7) 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 facility may request a hearing that shall be held in the manner
provided under these regulations and all other applicable regulations.
[7.8.4.19
NMAC – N/E, 12/5/2019]
7.8.4.20 AUTOMATIC EXPIRATION OF LICENSE: A existing license
will automatically expire at midnight on the day indicated on the license as
the expiration date, unless it is renewed sooner, or it has been suspended or
revoked.
A. If a facility
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.
[7.8.4.20
NMAC – N/E, 12/5/2019]
7.8.4.21 PROGRAM FLEXIBILITY:
A. All facilities
shall maintain compliance with the licensee requirements. If the use of alternate concepts, methods,
procedures, techniques, equipment, personnel qualifications or the conducting
of pilot projects conflicts with requirements, then prior written approval from
the department shall be obtained in order to ensure provisions for safe and
adequate care. Such approval shall
provide for the terms and conditions under which the exception is granted. A written request and substantiating evidence
supporting the request shall be submitted by the applicant or licensee to the
department.
B. Any approval of
the department granted under this section, or a certified copy thereof shall be
posted immediately adjacent to the facility's license.
[7.8.4.21
NMAC – N/E, 12/5/2019]
7.8.4.22 WAIVERS AND VARIANCES:
A. Variances and
waivers: At the licensing
authority’s sole discretion, an applicant or licensee may be granted variances
and waivers of these regulations, provided the granting of such variance or
waiver shall not jeopardize the health, safety or welfare of the facility’s
residents and staff and is not in violation of other applicable state and
federal statutes and regulations.
Variances and waivers are non-transferrable. Waivers and variances may be revoked at the
discretion of the licensing
authority due to changes in state or federal regulations, or change of
circumstances that may jeopardy the health, safety or welfare of residents.
(1) All variances shall be in writing,
attached to the license. A variance is made at the discretion of the licensing
authority to allow a facility to deviate from a portion(s) or to modify a
provision of this rule for an unspecified period of time, provided that the
health, safety, or welfare of the residents and staff are not in danger. All
variances shall expire upon remodel of the facility or change of ownership.
(2) All waivers shall be in writing,
attached to the license, is made at the discretion of the licensing authority to
allow a facility to deviate from a portion(s) or to modify a provision of this
rule for a limited and specified period of time, and shall be limited to the term of the license. Upon renewal of a
license, waivers shall only be extended or continued at the sole discretion of
the licensing authority.
B. Waiver/variance applications:
(1) All
applications for waiver or variance from the requirements of these regulations
shall be made in writing to the department, specifying the following:
(a) The
rule from which the waiver or variance is requested;
(b) The
time period for which the waiver or variance is requested;
(c) If
the request is for a variance, the specific alternative action which the
facility proposes;
(d) The
reasons for the request; and
(e) Justification
that the goal or purpose of the rule or regulations would be satisfied.
(2) Requests
for a waiver or variance may be made at any time.
(3) The
department may require additional information from the facility prior to acting
on the request.
C. Grants and denials:
(1) The
department at its discretion shall grant or deny each request for waiver or
variance in writing. A notice of denials
shall contain the reasons for denial.
(2) The
terms of a requested variance may be modified upon agreement between the
Department and a facility.
(3) The
department may impose such conditions on the granting of a waiver or variance
which it deems necessary.
(4) The
department may limit the duration of any waiver or variance.
(5) The
department's action on a request for a waiver is not subject to administrative
appeal.
D. Revocation: The
department may revoke a waiver or variance if:
(1) It
is determined that the waiver or variance is adversely affecting the health,
safety or welfare of the resident's; or
(2) The
facility has failed to comply with the variance as granted; or
(3) The
licensee notifies the department in writing that it wishes to relinquish the
waiver or variance and be subject to the rule previously waived or varied;
(4) Required
by a change in law.
[7.8.4.22
NMAC – N/E, 12/5/2019]
7.8.4.23 UNLICENSED FACILITIES. Any person or
entity that opens or maintains a non-medical boarding home or board and care
facility without a license is subject to the imposition of civil monetary
penalties by the licensing authority.
Failure to comply with the licensure requirements of this rule within 10
days of notice by the licensing authority may result in the following penalties
pursuant to health facility sanctions and civil monetary penalties, 7.1.8 NMAC.
A. A civil monetary
penalty not to exceed five-thousand dollars ($5,000) per day.
B. A base civil
monetary penalty, plus a per-day civil monetary penalty, plus the doubling of
penalties as applicable, that continues until the facility is in compliance
with the licensing requirements in this rule.
C. A cease and desist order to discontinue operation of a facility that is operating
without a license.
D. Additional
criminal penalties may apply and shall be imposed as necessary.
E. If
it is determined that the boarding home is operating outside the scope of this
license it will be deemed operating as an unlicensed health facility and will
be required to obtain the required applicable health facility licensure.
[7.8.4.23 NMAC – N/E, 12/5/2019]
7.8.4.24 SURVEY OR MONITORING VISITS:
A. Application for
licensure, whether initial or renewal, shall constitute permission for
unrestricted entry into and survey of a facility by authorized licensing
authority representatives during the pendency of the license application, and
if licensed, during the licensure period.
B. The licensing
authority shall perform on-site survey or monitoring visits at all non-medical
boarding homes facilities to determine compliance with this rule.
C. The facility
shall provide the licensing authority full access to all facility operations,
buildings and information related to the operation of the facility. Surveys may be
announced or unannounced at the sole discretion of the licensing authority.
D. The most recent
survey inspection reports and related correspondence shall be posted in a
conspicuous public place in the facility.
E. Failure by the
facility to provide the licensing authority access to the premises or
information, including resident records, may result in the imposition of
sanctions including but not limited to civil monetary penalties, license
revocation or an order to cease and desist, as deemed appropriate by the
licensing authority.
[7.8.4.24
NMAC – N/E, 12/5/2019]
7.8.4.25 CORRECTIVE ACTION: If violations of this rule are
cited, the facility will be provided with an official statement of deficiencies
within 10 business days following the survey.
A. Plan of correction (POC). Upon receipt of a report of deficiency from
the licensing authority, and after receipt of a revised statement of
deficiencies, when the findings are changed pursuant to an IDR, the licensee or
his/her representative shall be required to submit a plan of correction to the
licensing authority within 10 working days stating how the facility intends to
correct each violation noted and the expected date of completion. All plans of correction for deficiencies, if
any, shall be disclosed in compliance with applicable statutes and
regulations. A plan of correction is not
confidential once it has been approved and is admissible for all purposes in
any adjudicatory hearing and all subsequent appeals relating to a facility
license, including to prove licensee compliance
violations. The plan of correction must
contain the following:
(1) what measures will be put into place or what systematic
changes will be made to ensure the deficient practice does not recur;
(2) the anticipated implementation date (a reasonable time-frame
is allowed);
(3) how the corrective action will be monitored to ensure
compliance;
(4) what quality assurance indicators will be put into place;
(5) who will be responsible to oversee their monitoring; and
(6) Plan
of correction shall be signed and dated by the manager or authorized
representative.
B. The licensing
authority may at its sole discretion accept the plan of correction as written
or require modifications of the plan by the licensee.
(1) If
the first plan of correction (POC) is rejected by the licensing authority, the
facility will be sent a second copy of the statement of deficiencies. The facility shall complete and return the
second copy of the statement of deficiencies with an acceptable plan of
correction within three business days.
The process will repeat until an acceptable plan of correction is received
by the department.
(2) Failure
to provide an acceptable plan of correction (POC) within a reasonable period of
time, may lead to civil monetary penalties or other sanctions.
(3) All
cited violations shall be corrected within 30 calendar days from the date of
the survey; unless the licensing authority approves an extended date.
(4) Failure
to submit an acceptable plan of correction may result in sanctions, including
but not limited to civil monetary penalties, suspension or non-renewal of the
facility license.
(5) The
licensing authority may accept, reject, or direct the plan of correction.
C. Informal dispute review (IDR). The facility may request an informal review
of survey deficiencies by providing a written request to the licensing
authority within 10 calendar days of receipt of the written survey
findings. With the request, the facility
shall include information or evidence that justifies the disagreement with a
cited deficiency.
(1) The
licensing authority will review the submitted information and make a
determination.
(2) If
the deficiency is removed, a new statement of deficiencies will be issued to
the facility.
(3) The
facility shall provide a new plan of correction for all remaining deficiencies
upon receipt of the new statement of deficiencies.
(4) A
copy of the “IDR operating rules” is available upon request.
[7.8.4.25
NMAC – N/E, 12/5/2019]
7.8.4.26 ENFORCEMENT:
A. Suspension of license without prior hearing: In accordance with Subsection H of Section
24-1-5 NMSA 1978, if immediate action is required to protect human health and
safety, the licensing authority may suspend a license pending a hearing,
provided such hearing is held within five working days of the suspension,
unless waived by the licensee.
B. Grounds for revocation or suspension of
license, denial of initial or renewal application for license, or imposition of
intermediate sanctions or civil monetary penalties: A license may be
revoked or suspended, an initial or renewal application for license may be
denied, or intermediate sanctions or civil monetary penalties may be imposed
after notice and opportunity for a hearing, for any of the following reasons:
(1) Failure
to comply with any provision of these regulations.
(2) Failure
to allow access to the facility and survey by authorized representatives of the
licensing authority.
(3) Any
person working at the facility under the influence of alcohol or drugs in a
manner which harms the health, safety or welfare of the residents, staff or
visitors;
(4)
Misrepresentation or falsification of any information or application forms or
other documents provided to the licensing authority.
(5) Discovery
of repeat violations of these regulations during surveys.
(6) Failure
to provide the required care and services as outlined by these regulations for
the residents receiving care at the boarding home facility.
(7) Abuse,
neglect or exploitation of any resident by facility operator, staff, or
relatives or operator/staff.
(8) Allowing
any person, subject to all applicable statutes and regulations, to work at the
facility 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.
(9) The
list above shall not limit the department from imposing sanctions and civil
monetary penalties under all applicable statutes, regulations and codes.
[7.8.4.26
NMAC – N/E, 12/5/2019]
7.8.4.27 HEARING PROCEDURES: Hearing procedures for an administrative
appeal of an adverse action taken by the department against a facility's
license will be held in accordance with applicable rules relating to
adjudicatory hearings, including but not limited to, 7.1.2 NMAC, as
amended. A copy of the above regulations
will be furnished at the time an adverse action is taken against a facility’s
license by the licensing authority, if the regulations cannot be obtained from
a public website.
[7.8.4.27
NMAC – N/E, 12/5/2019]
7.8.4.28 APPEALS:
A. A licensee that
is subject to an adverse action may request an administrative appeal. Hearing procedures for an administrative
appeal of an adverse action taken by the licensing authority against the
facility is in accordance with adjudicatory hearings for licensed facilities,
7.1.2 NMAC.
B. A copy of the
adjudicatory hearing procedures will be forwarded to the facility when an
adverse action is taken against the licensee by the licensing authority.
C. All notices,
orders or decisions which the licensing authority issues to a facility prior to
a transfer of ownership shall be in effect against both the former owner and
the new owner, unless the transfer of penalties to the new owner is rescinded
in writing by the department.
[7.8.4.28
NMAC – N/E, 12/5/2019]
7.8.4.29 POLICIES AND PROCEDURES: The facility shall establish written policies
and procedures that are reviewed annually and approved by the governing body,
which govern the facility’s operation.
The manager shall ensure that these policies and procedures are adopted,
administered and enforced to provide quality services in a safe
environment. At a minimum, the
facility’s written policies and procedures shall include how the facility
intends to comply with all requirements of these regulations and address:
A. incident
management system;
B. the maintenance
of the facility, equipment and supplies; inspection and maintenance of
emergency equipment; maintenance of emergency supplies; maintenance, upkeep and
cleaning of the building(s) and equipment; fire and emergency evacuation
procedures;
C. quality of care
and services including appropriate and inappropriate admission and discharge
criteria; and resident risk assessment;
D. referral of
residents for services; transfer of residents to a hospital or other facility
or program; ambulance transfer services; and emergency procedures and
resuscitative techniques;
E. infectious waste
and biohazard disposal in accordance with all applicable statutes and regulations;
F. infection
control and prevention;
G. staffing plan,
personnel records, and minimum staffing;
H. maintenance of
the resident’s confidential records including protection of resident
confidentiality and privacy as required by law; secure release of medical
information and records; and safe handling and storage of resident records
including appropriate document destruction procedures;
I. the retention,
maintenance, security and destruction of resident, personnel and facility
records;
J. dietary services
including: meal service; staff in-service training; dietary records; clean and
sanitary conditions; and food management;
K. housekeeping
services to keep the facility safe, clean, and free of hazards and clutter;
L. If applicable,
laundry services for the facility’s laundry and resident’s laundry including
handling, process and storage of clean and dirty laundry;
M. pharmacy
practices including the storage, administration, and disposal of medications;
medication management; and documentation;
N. resident’s
personal belongings including locked storage and contraband;
O. resident rights;
P. smoking policy;
Q. grievance
policy;
R. house rules, to
include freedom permitted and limitations necessary to protect the rights of
others;
S. Visiting hours.
[7.8.4.29
NMAC – N/E, 12/5/2019]
7.8.4.30 STAFFING REQUIREMENTS:
A. Operator or manager: A boarding home facility shall be supervised
by a full-time manager. Multiple
facilities that are located within a 40 mile radius may have one full-time
manager. The manager shall:
(1) be at least 21 years of age;
(2) have
a high school diploma or its equivalent;
(3) pass
the background check and screening process pursuant to 7.1.9 NMAC;
(4) be able to communicate with the residents in the language
understood by the residents;
(5) not work while under the influence of alcohol or illegal
drugs;
(6) have
evidence of education and experience directly related to the services that are
provided at the facility;
(7) provide three notarized letters of reference from persons
unrelated to the applicant; and
(8) comply
with the pre-employment requirements pursuant to the employee abuse registry,
7.1.12 NMAC;
(9) be responsible for the daily operation of the boarding home
and for the safety and well-being of the residents. In the manager’s absence, there shall be a
responsible designee at least 21 years of age (who is not a resident of the
facility) to assume the responsibility of the boarding home;
(10) provide
orientation to all new employees which shall include resident rights,
evacuation and emergency procedures, training in policies and procedures, and
competent supervision designed to improve resident care;
(11)
not act as, or become, the legal guardian of or have
power of attorney for any resident.
B. Direct care staff:
(1) shall be at least 18 years of age;
(2) shall have adequate education, relevant training, or
experience to provide for the needs of the residents;
(3) shall comply with the pre-employment requirements pursuant
to the employee abuse registry, 7.1.12 NMAC; and
(4) shall comply with the current requirements of reporting and
investigating incidents pursuant to incident reporting, intake processing and
training requirements, 7.1.13 NMAC;
(5) if a facility provides transportation for residents, the
employees of the facility who drive vehicles and transport residents shall have
copies of the following documents on file at the facility:
(a) a valid New Mexico driver’s license with the appropriate
classification for the vehicle that is used to transport residents;
(b) proof of insurance; and
(c) documentation of a clean driving record;
(6) comply with the requirements of the caregivers criminal
history screening requirements, 7.1.9 NMAC.
[7.8.4.30
NMAC – N/E, 12/5/2019]
7.8.4.31 STAFF TRAINING:
A. Training and
orientation for each new employee and volunteer that provides direct care shall
include a minimum of the following training prior to providing unsupervised
care for residents.
B. on-going
training shall be provided to staff that provides direct care as needed; the
training and proof of competency shall include at a minimum:
(1) fire safety and evacuation training;
(2) first aid and CPR;
(3) safe food handling practices (for persons involved in food
preparation and service), to include:
(a) instructions in proper storage;
(b) preparation and serving of food;
(c) safety in food handling;
(d) appropriate personal hygiene; and
(e) infectious and communicable disease control.
(4) confidentiality of records and residents information;
(5) residents rights;
(6) reporting requirements for abuse, neglect or exploitation in
accordance with 7.1.13 NMAC;
(7) smoking policy for staff, residents and visitors;
(8) emergency procedures;
(9) staff are familiar with each resident’s needs and services plan;
C. Documentation
of orientation and subsequent trainings shall be kept in the personnel records
at the facility.
[7.8.4.31
NMAC - N/E, 12/5/2019]
7.8.4.32 PERSONNEL POLICIES: The facility shall have and
implement written personnel policies for the following:
A. staff, private
duty attendant and volunteer qualifications;
B. staff, private duty attendant and volunteer conduct;
C. staff, private
duty attendant and volunteer training policies;
D. staff and
private duty attendant and volunteer criminal history screening;
E. emergency
procedures;
F. medication
administration restrictions
G. the retention
and maintenance of current and past personnel records; and
H. facilities shall
maintain records and files that reflect compliance with state and federal
employment rules.
[7.8.4.32
NMAC - N/E, 12/5/2019]
7.8.4.33 PERSONNEL RECORDS:
A. The facility
shall have policies and procedures for managing personnel information and
records.
B. Staff scheduling
records shall be maintained for at least three years.
C. Employee records
shall be kept at the facility and include:
(1) Employment
application;
(2) Training
records;
(3) Licenses
and certifications; if applicable; and
(4) caregiver criminal history screening documentation pursuant
to 7.1.9 NMAC.
[7.8.4.33
NMAC - N/E, 12/5/2019]
7.8.4.34 STAFFING REQUIREMENTS AND RATIOS:
A. Minimum staffing
requirements.
(1) There shall be an adequate number of
personnel on duty to provide the basic care, resident assistance and the
required supervision based on the assessment of the residents’ needs. There
shall be at least one staff member must be on duty or available to be on
the premises within 30 minutes and responsible for care and supervision of
residents in case of accidents or emergencies when residents are present in the
facility.
(2) During resident sleeping hours, boarding home facilities
shall have at least one direct care staff person available on the premises in
case of emergency.
(3) Facilities
that care for more than 15 residents must have an adequate number of personnel
on duty to meet the needs of the residents with a minimum of at least one staff
available at all times and a second staff member on call and capable of being
on the premises of the boarding home within 30 minutes.
[7.8.4.34
NMAC - N/E, 12/5/2019]
7.8.4.35 RESIDENT
ACCEPTANCE, ADMISSIONS AND
DISCHARGE: The facility shall complete an
admission agreement for each resident. The manager of the facility or a
designee responsible for admission decisions shall meet with the resident or
the resident’s surrogate decision maker prior to admission. No resident shall
be admitted who is below the age of 18 or for whom the facility is unable to
provide appropriate care as set forth in this regulation.
A. The facility
shall develop admission and discharge criteria and agreements.
B. Admission
criteria must be available in writing to all residents and visitors to the
facility.
C. Materials
describing services offered, eligibility requirements and resident rights and
responsibilities must be provided in a form understandable to the resident and
legal guardian(s) with consideration of the resident’s and guardian’s primary
language, and the mode of communication best understood by persons with visual
or hearing impairments, as applicable.
D. The admission
agreement shall meet these criteria:
(1) The
services that are provided by the facility and the charges for such services
must be explained in full.
(2) The
method of payment by the resident must be clearly stated.
(3) The
terms and notification process for termination of the admission agreement must
be explained and included in the admission agreement.
(4) A
new admission agreement must be made whenever service to be provided or other
terms are changed.
(5) The
admission agreement shall also contain the responsibilities of the
representative payee or other individuals who are assisting the resident, if
any.
[7.8.4.35
NMAC - N/E, 12/5/2019]
7.8.4.36 RESIDENT ACCEPTANCE AND RETENTION LIMITATIONS:
A. Acceptable criteria
for admission:
(1) Residents
are accepted who because of diminished mental or physical capacity find it
difficult to care for themselves in their own residence and choose to arrange
for food, shelter, oversight and limited services such as laundry and
transportation from a boarding home provider.
(2) Although
unable to live independently and in need of some protective living
accommodations, residents of a boarding home must be able to perform activities
of daily living without assistance.
B. Individuals with the
following criteria would be unacceptable for boarding home admission:
(1) Persons
who require more care and supervision than is provided by the facility.
(2) Persons
who require nursing care, or who are not ambulatory shall not be accepted into
this type of facility.
(3) A
boarding home may not accept a resident with dementia or related disorders
causing memory impairment.
(4) No
person may be admitted to a boarding home who has a primary diagnosis of
developmental disability.
(5) A
boarding home may not accept a resident whose physician has prescribed a
therapeutic diet if those dietary requirements cannot be met.
(6) Persons
who have needs that are in conflict with the needs of other residents or the
program of services offered.
(7) Any
person who currently requires acute inpatient psychiatric care due to a mental
disorder
(8) Persons
who require inpatient care in a health facility.
(9) Any
person who is unable to care for themselves and would be at risk if left alone.
(10) Any
person who requires services which the boarding home does not provide or make
available shall not be admitted or retained.
(11) Any
person who is actively being destructive of property, self-destructive,
disturbing or abusive to others, or suicidal or in need of acute inpatient
psychiatric services, shall not be admitted.
C. Resident retention
limitations: Residents whose
behavior exceed their safety plan and are referred to a higher level of care
may be retained and return to their residency at the boarding home upon medical
or behavioral stabilization according to their discharge plan and in accordance
with their admission agreement.
[7.8.4.36
NMAC - N/E, 12/5/2019]
A. The facility must be able to provide
oversight to the residents, such as reminding them of meals, medications and
appointments, to monitor activities while on the premises of the facility,
B. Each resident shall designate a
personal physician and dentist to be called in case of emergency. In the event that the resident does not have
a personal physician or dentist, the boarding home may assist the resident to
make necessary arrangements to secure the services of a licensed physician
and/or dentist as needed.
C. Boarding homes shall provide assistance with instrumental activities of daily living and
assistance with accessing or the coordination of community services, including
but not limited to:
(1) coordinating travel to and from
appointments
(2) assistance with communication or
technology devices
(3) assistance with applying for
services or employment
(4) “Limited assistance with self-administered medication” for
the individual who is capable to self-administer their medication or treatment,
but may need cues, reminders or prompts or assistive technology to self-administer
their medications. It may include assisting (if needed) with opening of a
medication container for the resident and other assistance not involving
medication administration. If limited
assistance with self-administered medication is being provided, the resident
retains all responsibility for taking their medications. Limited assistance
with self-administered medication is not the same as “assistance with taking
medication” or “medication
administration” which requires a registered nurse to perform or a certified
medication assistant (CMA) under RN supervision who follows board of nursing
regulations. 16.12.5.10 NMAC.
[7.8.4.37 NMAC - N/E, 12/5/2019]
7.8.4.38 “NEEDS AND SERVICES PLAN”: Prior to admission,
the licensee shall determine whether the facility's program can meet the
prospective resident's service needs.
A. If the resident is to be admitted, then prior to
admission, the licensee shall complete a written needs and services plan. The
following individuals shall be included in developing the plan:
(1) the resident or resident’s surrogate decision maker, or
his/her authorized representative, if any;
(2) any relative participating in the placement;
(3) the facility manager or designee responsible for facility
admissions;
(4) the placement or referral entity, if any;
(5) optional: a health care professional who knows the resident,
such as a community support worker, social worker, or therapist;
(6) optional: the hospice or home health clinician, if resident
is receiving services from a hospice or home health provider respectively;
B. If the resident
is to be admitted, then prior to admission, the licensee shall complete a
written needs and services plan, which shall include:
(1) The
resident's desires and background, obtained from the resident's family or
his/her authorized representative, if any, and licensed professional, where
appropriate, regarding the following:
(a) Medical
conditions
(b) Dietary
restrictions
(c) Prescribed
medications
(d) Physical/mental
and social function
(2) Specific
service needs, if any.
(3) Facility
plans for providing services to meet the individual needs identified above.
(a) Objectives,
within a time frame, that relate to the resident's problems and/or needs.
(b) Plans
for meeting the objectives.
(c) Identification
of any individuals or agencies responsible for implementing each part of the
plan.
(d) Method
of evaluating progress.
C. The written needs and services plan
shall be updated as frequently as necessary to ensure its accuracy, and to
document significant occurrences that result in changes in the resident's
physical, mental and/or social functioning.
If modifications to the plan identify an
individual resident service need which is not being met by the general program
of facility services, the following requirements shall be met:
(1) Consultation
shall be secured from a dietitian, physician, social worker, psychologist, or
other consultant as necessary to assist in determining if such needs can be met
by the facility within the facility's program of services.
(2) If
it is determined that the resident's needs cannot be met, the licensee shall
inform the resident and/or his/her authorized representative, if any, or
responsible person, if there is no authorized representative, of this fact and
shall request that the resident relocate.
(3) If
the resident refuses to relocate, the licensee may evict the resident in
accordance with admission and discharge agreement
[7.8.4.38
NMAC – N/E, 12/5/2019]
7.8.4.39 “RESIDENT RECORDS”: The licensee shall ensure that a separate,
complete, and current record is maintained in the facility for each resident.
A. Each record must contain information
including but not limited to the following:
(1) Name
of resident, social security
number, phone number;
(2) Birthdate;
(3) Gender;
(4) Date of admission;
(5) The
source of referral and relevant referral information;
(6) Names, addresses, and telephone numbers of the authorized
representative and emergency contact.
(7) A signed and dated copy of the admission agreement and resident’s
rights document;
(8) Name, address, and telephone number of the resident's
physician and dentist, and any other medical and mental health providers
(9) Medical assessments and diagnosis, if applicable
(10) Record of any illness or injury requiring treatment by a
physician or dentist and for which the facility will provide assistance to the
resident in meeting his/her necessary medical and dental needs.
(11) An
original or original copy of all physician medication and treatment orders
signed by the physician;
(12) Record of current medications, including
frequency and dosage; the name of the prescribing physician, and instructions,
if any, regarding control and custody of medications.
(13) A
record of all contacts with medical and other services;
(14) Needs and services plan
(15) Modified
diet requirements;
(16) Advanced directives, or any preference for life saving
measures if appropriate
(17) Resident
records should also include but are not limited to the following:
(a) Medical
and dental appointments;
(b) Accidents
or injuries;
(c) Any
problems or improvements observed in the resident;
(d) Any
change in the resident’s condition which would indicate a need for higher level
of care;
(e) Date,
time, and services provided by a visiting nurse service.
(18) Signed
consent for the release of information, if information is released;
(19) Documentation
of guardianship, agent or other legal decision maker other than resident;
(20) A
written account of all personal possessions and funds deposited with the
boarding home and accounting for all funds spent and deposited subsequently by
the resident.
B. All information and
records obtained from or regarding residents shall be confidential.
(1) The licensee shall be responsible for safeguarding the
confidentiality of record contents.
(2) Except as specified in (a) below, or as otherwise
authorized by law, the licensee and all employees shall not reveal or make
available confidential information.
(a) All resident records shall be available to the licensing
agency to inspect, audit, and copy upon demand during normal business hours.
Records may be removed if necessary for copying.
(b) Removal
of records shall be subject to the following requirements:
(i) Licensing representatives shall not
remove the following current records for current residents unless the same
information is otherwise readily available in another document or format.
(ii) Original resident records or photographic reproductions
shall be retained for at least three years following termination of service to
the resident.
[7.8.4.39
NMAC – N/E , 12/5/2019]
7.8.4.40 RESIDENT
RIGHTS:
A. All licensed facilities
shall understand, protect and respect the rights of all residents. Prior to admission to a facility, a resident,
parent, legal guardian and legal representative shall be given the applicable written
description of the resident’s legal rights, translated into resident’s
preferred language, if necessary, to meet the resident’s understanding.
B. A written copy of the resident’s legal rights shall be
provided to the resident, the resident’s legal guardian or agent, if applicable,
or to the most significant responsible party in the following order:
(1) the resident's spouse;
(2) significant other;
(3) any of the resident’s adult children;
(4) the resident's parents;
(5) the resident’s advocate.
C. The resident
rights shall be posted in a conspicuous public place in the facility and shall
include the telephone numbers to contact the department to file a complaint
which shall include the licensing authority and the state ombudsman’s office.
D. To protect resident rights, the facility shall:
(1) treat all residents with courtesy, respect, dignity and
compassion;
(2) not
discriminate in admission or services based on gender, gender identity, sex,
sexual orientation, resident's age, race, color, religion, physical or mental
disability, or national origin;
(3) provide residents written information about all services
provided by the facility and their costs and give advance written notice of any
changes;
(4) provide
residents with a clean, safe and sanitary living environment;
(5) provide
a humane psychological and physical environment of care for all residents;
(6) protect
the confidentiality of the resident’s records;
(7) protect
the right to personal privacy, including privacy in personal hygiene; privacy
during visits with a spouse, family member or other visitor; privacy during
medical examinations, consultations and treatment; and reasonable privacy in
the residents’ own rooms;
(8) protect the resident's right to receive visitors during designated
visiting hours except when restricted for good cause.
(9) protect the resident's right to receive visits from his attorney,
physician, psychologist, clergyman, or social worker in private irrespective of
visiting hours;
(10) provide residents the ability to send and receive unopened
mail.
(11) To
have access to telephones in order to make and receive confidential calls,
provided that such calls do not infringe upon the rights of other residents and
do not restrict availability of the telephone during emergencies.
(a) The
licensee shall be permitted to require reimbursement from the resident or
his/her authorized representative for long distance calls.
(b) The
licensee shall be permitted to prohibit the making of long distance calls upon documentation
that requested reimbursement for previous calls has not been received.
(12) ensure that residents:
(a) are free from physical and emotional abuse, neglect, and exploitation and restraint;
(b) are free to participate or abstain
from the practice of religion and shall be afforded reasonable accommodations
to worship;
(c) have the right to reasonable daily opportunities for
physical exercise and outdoor exercise and shall have reasonable access to
recreational areas and equipment if available;
(d) wear his/her own clothes.
(e) possess and use his/her own personal items, including
his/her own toilet articles.
(f) have access to individual storage space for his/her private
use.
(g) have the right to voice grievances to the facility staff,
public officials, any state agency, or any other person, without fear of
reprisal or retaliation;
(h) have the right to have their grievance addressed within five
days;
(i) have the
right to prompt and adequate medical attention for physical ailments;
(j) have the right to social interaction, including the right to
associate freely with persons in and out of the facility, to participate in
community groups and organizations, and to leave the facility and return to it
without restriction;
(k) have the right to participate in treatment decisions and
formulate advance directives such as living wills and powers of attorney;
(l) have the right to manage and control their personal
finances.
(m) receive assistance in exercising
the right to vote.
(n) move from the facility in accordance with the terms of the
admission agreement.
[7.8.4.40
NMAC - N/E, 12/5/2019]
7.8.4.41 NUTRITION: The facility shall
provide planned and nutritionally balanced meals from the basic food groups in
accordance with the “recommended daily dietary allowance” of the american dietetic association, the food and nutrition board
of the national research council, or the national academy of sciences. Meals shall meet the nutritional needs of the
residents in accordance with the current USDA dietary guidelines for
Americans. Vending machines shall not be
considered a source of snacks.
A. Dietary services. The facility will develop and implement
written policies and procedures that are maintained on the premises.
B. All food service
operations for residents shall comply with current federal and state laws and
rules concerning food service and shall include:
(1) At
least three nutritious meals per day shall be served;
(2) No
more than 14 hours may elapse between the end of an evening meal and the
beginning of a morning meal;
(3) Therapeutic
diets shall be provided when ordered by the physician. Where
indicated, food shall be cut, chopped or ground to meet individual needs.
(4) Under
no circumstances may food be withheld for disciplinary reasons;
(5) Between meals, nourishment or snacks shall
be available for all residents unless limited by dietary restrictions prescribed
by a physician.
(6) A
weekly menu is posted conspicuously for the residents.
(7) Copies
of the menus of meals as served
shall be dated and kept on file for at least 30
days. Menus shall be made available for
review by the residents or their authorized representatives and the licensing
agency upon request.
[7.8.4.41
NMAC - N/E, 12/5/2019]
7.8.4.42 FOOD
SERVICE: Requirements
for boarding home facilities.
A. The facility
shall have either contracted food preparation or prepare food on site.
B. A facility that
provides onsite food preparation shall comply with the New Mexico environment
department (NM ED) food preparation regulations.
C. The facility shall have the equipment and staff necessary
to receive and serve the food.
D. The facility shall maintain the equipment necessary for
in-house preparation, or have an alternate source for food preparation, and
service of food in emergencies. In case of emergency, (weather, power
outage or other conditions) the facility shall maintain a minimum of three days’
supply of drinking water and nonperishable food.
E. Individuals with
food preparation responsibilities shall practice safe food handling techniques
in accordance with the current edition of food code published by the U.S.
public health service, food and drug administration.
(1) such food handling techniques include preparing, holding and
storing food at safe temperatures.
(2) reheating potentially hazardous leftover foods shall meet
hazard analysis critical control point (HACCP) temperature guidelines for
safety.
F. If a resident
requires a special diet, a copy of the diet shall be obtained from the
resident’s physician. A copy of the diet
order shall be kept in the resident’s file and a copy of the diet shall be kept
in the kitchen.
G. Dining: Meals served on the premises shall be served
in dining rooms or similar areas in which the furniture, fixtures and equipment
necessary for meal service are provided.
(1) Such
dining areas shall be located near the kitchen so that food may be served
quickly and easily.
(2) Facilities
shall have tables and chairs in the dining area to accommodate the total number
of residents.
(3) Residents
shall be encouraged to have meals with other residents.
(4) Tray
service shall be provided in case of temporary need to allow resident to eat in
their room.
H. The licensee shall meet the
following food supply and storage requirements:
(1) There
should be adequate amount of food available on the premises to prepare for the
next scheduled meal and snack.
(2) Freezers
shall be large enough to accommodate required perishables and shall be
maintained at a temperature of zero degrees F (17.7 degrees C).
(3) Refrigerators
shall be large enough to accommodate required perishables and shall maintain a
maximum temperature of 45 degrees F (7.2 degrees C).
[7.8.4.42
NMAC - N/E NMAC,
12/5/2019]
7.8.4.43 PHARMACEUTICAL
SERVICES:
A. Any facility licensed pursuant to these
regulations that supervises self-administration of medication for the
residents or safeguards medication for residents must have an appropriate
custodial drug permit from the state board of pharmacy.
(1) Only
medications which can be self-administered by the resident, unless they will be
administered by a licensed physician, dentist or registered nurse, can be kept
by a facility.
(2) Medications
prescribed for one resident must not be given to any other resident.
(3) Drugs
and medications shall neither be supplied nor given to residents unless ordered
or prescribed by a licensed physician, dentist or advanced practice registered
nurse.
(4) Over
the counter medications may be given to a resident by the facility if the facility
has a written procedure for giving such medications reviewed and approved by a
licensed physician or advanced practice registered nurse.
(5) Medications
must be kept in a locked cabinet or other suitable container approved by the
state board of pharmacy. Medications
must be separated by individual in the storage area.
(6) The
key for the medication storage area must be made available only to personnel
duly authorized by the manager of the facility.
(7) Medication
which requires refrigeration must be kept in a separate locked box within a
refrigerator, a locked refrigerator or a refrigerator in a locked room.
(8) All
medications must be kept in their original labeled containers.
(9) Medications
labeled “for external use only” must not be accessible to residents and must be
kept separate from other medications.
(10) All
outdated medications shall be disposed of in a manner approved by the state
board of pharmacy.
(11) No
facility will prepare dosages of medications in advance to be given to residents
for self-administration. The medications
must be in their original container. The
staff member assisting may hold the container and assist the resident in
opening the container.
B. Board of pharmacy permits: A copy of the facility’s
custodial drug permit issued by the state board of pharmacy must be displayed, if any medications are kept by the facility on behalf of any residents.
[7.8.4.43
NMAC - N/E, 12/5/2019]
7.8.4.44 INFECTION CONTROL:
A. The facility shall develop and implement policies and
procedures for infection control and prevention. Policies shall address the following:
(1) proper hand washing techniques;
(2) prevention and treatment of needle stick or sharp injuries;
(3) proper disposal of sharps, if applicable, in accordance with
OSHA and the New Mexico environment department standards.
(4) universal precautions when
handling blood, body substances, excretions, secretions shall be used.
(5) the management of common illness and specific procedures to
manage infectious diseases.
(6) ensure garbage containers are in good and sanitary condition
to prevent the harborage and feeding of pests.
B. Staff shall be trained in and shall adhere to infection
control practices, the release of confidential information and reporting
requirements related to infectious diseases.
C. Each facility shall have policies and
procedures for the handling, processing, storing and transporting of clean and
dirty laundry.
[7.8.4.44. NMAC - N/E, 12/5/2019]
7.8.4.45 RESIDENT
SAFETY: The facility shall ensure the safety or
residents within the home and that staff are trained and able to respond in
emergencies.
A. Staff
responsible for providing direct care and supervision shall receive training in
first aid and cardiopulmonary resuscitation (CPR) from persons qualified by
agencies including but not limited to the american
red cross.
(1) If
the facility has no medical unit on the grounds, first aid supplies shall be
maintained and be readily available in a central location in the facility.
(2) The
supplies shall include at least the following:
(a) A
current edition of a first aid manual approved by the american
red cross, the american medical association or a
state or federal health agency.
(b) Sterile
first aid dressings.
(c) Bandages
or roller bandages.
(d) Adhesive
tape.
(e) Scissors.
(f) Tweezers.
(g) Thermometers.
(h) Antiseptic
solution.
B. If resident
experiences a medical emergency, facility staff should immediately telephone
9-1-1. There shall be at least one
person capable of and responsible for communicating with emergency personnel.
(1) The
following information shall be readily available:
(a) The
name, address and telephone number of each resident's physician and dentist,
and other medical and mental health providers, if any.
(b) The
name, address and telephone number of each emergency agency, including but not
limited to the fire department, crisis center or paramedical unit. There shall be at least one medical resource
available to be called at all times.
(c) The
name and telephone number of an ambulance service.
(d) An
advance directive and/or request regarding resuscitative measures.
(2) For
residents with an advance directive and/or request regarding resuscitative
measures, during a medical emergency, the facility staff shall present the
advance directive and/or request regarding resuscitative measures to emergency
personnel.
(3) When
a resident requires prosthetic devices, or vision or hearing aids, the staff
shall be familiar with the use of these devices and aids and shall assist the
resident with their utilization as needed.
C. If a resident or
visitor is engaging in behavior which is a threat to his/her mental and/or
physical health or safety, or to the health and safety of others in the
facility, the facility staff must immediately telephone 9-1-1.
D. The facility
must ensure that the following conditions are met if oxygen equipment is in
use:
(1) The
licensee makes a written report to the local fire jurisdiction that oxygen is
in use at the facility.
(2) “No
Smoking - oxygen in use” signs shall be posted in appropriate areas.
(3) Smoking
is prohibited where oxygen is in use.
(4) All
electrical equipment is checked for defects that may cause sparks.
(5) Oxygen
tanks that are not portable are secured either in a stand or to the wall.
(6) Plastic
tubing from the nasal canula (mask) to the oxygen
source is long enough to allow the resident movement within his/her room but
does not constitute a hazard to the resident or others.
(7) Residents
use oxygen from a portable source when they are outside of their rooms or when
walking in a day care setting.
(8) Equipment
is operable.
(9) Equipment
is removed from the facility when no longer in use by the resident.
E. The boarding
home must have a valid custodial drug permit issued by the state board of
pharmacy, that supervise the self-administration of medications or safeguards
with regard to medications for the residents.
All medications, including non-prescription drugs, shall be stored in a
locked compartment or in a locked room, as approved by the board of pharmacy
and the key shall be in the care of the manager or designee.
(1) Internal
medication shall be kept separate from external medications. Drugs to be taken by mouth shall be separated
from all other delivery forms.
(2) A
separate, locked refrigerator shall be provided by the facility for
medications. The refrigerator
temperature shall be kept in compliance with the state board of pharmacy
requirements for medications.
(3) All
medications, including non-prescription medications, shall be stored in
separate compartments for each resident and all medications shall be labeled
with the resident's name and in compliance with label instructions and state
and federal laws.
(4) No
person other than the dispensing pharmacist shall alter a prescription label.
(5) Each
resident's medication shall be stored in its originally received container.
(6) No
medications shall be transferred between containers.
(7) A
resident may be permitted to keep his or her own medication in a locked
compartment in his or her room for self-administration, if the physician's
order deems it appropriate.
(8) The
facility shall not require the residents to purchase medications from any
particular pharmacy.
[7.8.4.45
NMAC - N/E, 12/5/2019]
7.8.4.46 COMPLAINTS: The boarding home facility must investigate
complaints made by a resident, caregiver or guardian regarding treatment or
care, or regarding the lack of respect for the resident’s property and must
document both the existence of the complaint and the resolution of the
complaint. The facility’s investigation
of a complaint(s) must be initiated within three working days of receipt of the
complaint.
[7.8.4.46
NMAC - N/E, 12/5/2019]
7.8.4.47 REPORTING
OF INCIDENTS: All
facilities licensed under these regulations must comply with all incident intake, processing, training and reporting requirements
under these regulations, as well as with all other applicable statutes and
regulations.
A. All facilities
shall report to the licensing authority any serious incidents or unusual occurrences
which have threatened, or could have threatened the health, safety and welfare
of the residents or staff, including but not limited to:
(1) any serious incident or unusual occurrence;
(2) injuries of unknown origin or known, suspected or alleged
incidents of resident abuse, neglect, exploitation or mistreatment by staff or
other person(s), or death.
(3) fire,
flood or other man-made or natural disasters including any damage to the
facility caused by such disasters and any incident which poses or creates any
life safety or health hazards;
(4) any
outbreak of contagious diseases and diseases dangerous to the public health;
Suspected diseases reportable by law shall be reported to the local public
health agency and the department of health bureau of community health and
prevention within time frames specified by these agencies.
(5) any human errors by staff and employees which may or has
resulted in the death, serious illness, hospitalization, or physical impairment
of a resident or staff; and
(6) abuse, neglect, exploitation, and injuries of unknown origin
and other reportable incidents in accordance with 7.1.13 NMAC, as may be
amended from time to time.
B. Documentation: The facility is responsible for documenting
all incidents, within five days of the incident, and having on file the
following:
(1) a narrative description of the incident;
(2) evidence contact was made to the licensing authority;
(3) results of the facility’s investigation;
(4) the facility action, if any.
[7.8.4.47
NMAC - N/E, 12/5/2019]
7.8.4.48 PHYSICAL
ENVIRONMENT AND GENERAL BUILDING PLAN REQUIREMENTS:
A. Building plans:
Boarding homes licensed for four or more residents the facility must submit
building plans. The facility building plans must be of professional quality,
prepared and stamped by an architect licensed by the state of New Mexico
pursuant to NMSA 61-15-9 NMSA 1978. One
printed copy of the complete set of building plans must be submitted, drawn to
an accurate scale of at least one-eighth inch to one foot, submitted in size
format required by the licensing bureau.
The building plans for renovations or building additions to an existing
building must include sufficient information to clearly distinguish between new
and existing construction, for the department to make a compliance
determination. The building plan(s),
information required is noted below:
(1) Site
plan: showing the location of the building on a site/plot plan to determine
surrounding conditions, driveways, all walks and steps, ramps, parking areas,
handicapped and emergency vehicle spaces, accessible route to the main
entrance, secure yard for residents, any permanent structures, including notes
on construction materials used;
(2) Code
compliance plan and life safety plan:
noting applicable code requirements and compliance data, locations of
rated fire walls, smoke partitions (if any), exit paths & distances, fire
extinguishers locations;
(3) Floor
plans: showing location use of each room, (e.g., waiting room, dining room, living/common rooms, office, resident
rooms, kitchen, common elements, door locations (swings), window locations,
restrooms, locations of all restrooms, plumbing fixtures (sinks, toilets,
tubs-showers; location a of all level changes within and outside the building
(e.g. steps or ramps, etc.); and all other pertinent explanatory information
addressing the requirements in applicable regulations;
(4) Exterior
building elevations: noting all building heights, locations of exterior
doors, and any operable and fixed windows (sill heights),
(5) Building
and wall sections: showing at least one building or wall section showing an
exterior and interior wall construction section including the material
composition of the floor, walls, and ceiling/roof construction.
(6) Schedule
sheets: Room Finish: noting all room
finishes, (e.g., carpet, tile, gypsum board with paint, etc.); Door Schedule;
noting door sizes/thickness, door types & ratings; window schedule, noting
sizes, type and operation; skylight schedule, noting size, type;
(7) Special
systems plan: location of fire
extinguishers, heat and smoke detectors, nurse call systems, and operational
elements of alarm system;
(8) Mechanical
plans: noting location of heating
units, furnaces, hot water heaters, and fuel type and source; all heating,
ventilating and air conditioning/cooling systems including locations of fire
dampers;
(9) Plumbing
plan: noting all plumbing fixture
locations, fixture types;
(10) Electrical
plan: noting power and lighting
layouts, exit lighting, emergency lighting fixtures, emergency power systems
(if any), electrical panel information;
(11) Other
plans: As necessary (i.e.; phasing
plan) to describe compliance with the other requirements in applicable regulations.
B. Existing or
renovated construction: If the
proposed facility includes any remodeling, renovations or additions or new
construction of any type, the building plans and specifications covering all
portions of the proposed work delineating all existing construction and all new
or proposed construction shall be submitted to the department for review and
approval. Submit phasing plan if project
construction will be phased. New
facilities proposed for licensure in existing buildings must comply with all
requirements building requirements as if it were completely new construction.
C. New construction: Building plans must be submitted and will be
reviewed by the department for compliance with these licensing regulations, and
applicable building and fire safety codes.
If the department approves the facility’s building plans and local
building officials have issued a construction permit, construction may begin. This provision is an ongoing requirement and
applies to, and includes all construction at the facility, which occurs before
and after issuance of the initial license.
This provision does not generally apply to maintenance and repair. However, if the maintenance or repair impacts
or alters any of the facility requirements under these regulations, the
applicant or licensee must notify the department and verify ongoing compliance
with these regulations. The department
shall not be liable for any costs or damages incurred by the applicant relating
to construction in the event the applicant incurs costs or damages in order to
comply with these regulations or to obtain a license under these
regulations. For all new and proposed
construction, the applicant or licensee must submit for building plan approval
by the department before construction begins.
D. Completed
construction: All new or renovated
construction completed shall comply with the building plans approved by the
department in the plan review process and prior to construction, these rules,
and all other applicable rules and codes; and any of the department’s
approval(s) shall not waive any other rules or other applicable building and
code requirements enforceable by other authorities having jurisdiction, in
addition to New Mexico Administrative Code, Title 14 Housing and Construction,
chapters 5 through 12. Applicant must
receive initial life safety code approval and a temporary license from this
department prior to accepting or admitting any residents into the facility.
[7.8.4.48
NMAC - N/E, 12/5/2019]
7.8.4.49 PHYSICAL
ENVIRONMENT AND GENERAL BUILDING REQUIREMENTS:
A. Facilities
licensed pursuant to these regulations must be accessible to and useable by
disabled employees, staff, visitors, and residents shall comply with the americans with disabilities act
(ADA), current edition.
B. All buildings of
the premises providing resident use and services will be considered part of the
facility and must meet all requirements of these regulations. Where a part of
the facility services is contained in another facility, separation and access
shall be maintained as described in current building and fire codes.
D. Use of manufactured
homes, modular homes and mobile homes:
(1) Use
of a manufactured home or modular home may be allowed if the structure meets
all physical, environment and general building requirements in this rule and
all other applicable state, county and municipal building codes.
(2) For
facilities with four or more residents, trailers and mobile homes shall not be
allowed.
(3) Prohibition
on recreational vehicles, travel or camper trailers: The use of recreational vehicles, travel or
camper trailers which are designed to be towed behind a road vehicle are
prohibited.
E. Facilities with
a licensed capacity of 16 or more residents shall also meet the following
requirements:
(1) There
shall be space available in the facility to serve as an office for business,
administration and admission activities, and a private office to conduct
private interviews.
(2) There
shall be a reception area and a restroom facility designated for use by
visitors.
[7.8.4.49
NMAC - N/E, 12/5/2019]
7.8.4.50 MAINTENANCE
OF BUILDING AND GROUNDS: The
facilities buildings and systems shall be maintained in good repair at all
times. Such maintenance shall include,
but is not limited to, the following:
A. All electrical,
mechanical, water supply, heating, fire protection, and sewage disposal systems
must be maintained in a safe and functioning condition, including regular
inspections of these systems;
B. All equipment and
materials needed for resident use shall be maintained clean and in good repair;
C. All furniture
and furnishings must be kept clean and in good repair; and
D. The grounds of
the facility must be maintained in a safe and sanitary condition at all times.
[7.8.4.50
NMAC - N/E, 12/5/2019]
7.8.4.51 HAZARDOUS
AREAS:
A. Hazardous areas
include the following:
(1) fuel fired equipment rooms;
(2) bulk laundries or laundry rooms with more than 100 square
feet;
(3) storage rooms with more than 50 square feet but less than
100 square feet not storing combustibles;
(4) storage rooms with more than 100 square feet storing
combustibles;
(5) chemical
storage rooms with more than 50 square feet; and
(6) garages, maintenance shops, or maintenance rooms.
B. Hazardous areas
on the same floor or abutting a primary means of escape or a sleeping room
shall be protected as required by New Mexico building code, international
building code (ICB), current edition as adopted by the
New Mexico construction industries division.
C. All boiler,
furnace or fuel fired water heater rooms shall be protected from other parts of
the building by construction having a fire resistance rating of not less than
one hour. Doors to these rooms shall be one and three-quarter inch solid core.
[7.8.4.51NMAC
- N/E, 12/5/2019]
7.8.4.52 EXITS:
A. Each floor of a
facility shall have exits as required by the latest adopted edition of the New
Mexico commercial building code and local codes.
B. Each exit must be
marked by illuminated exit signs having letters at least six inches high whose
principle strokes are at least three-quarters inch wide.
C. Illuminated exit
signs must be maintained in operable condition at all times.
D. Exit ways must
be kept free from obstructions at all times.
[7.8.4.52
NMAC - N/E, 12/5/2019]
7.8.4.53 HALLWAYS
AND CORRIDORS: For facilities contained within existing
commercial or residential buildings, corridor widths must conform with latest
adopted edition of the New Mexico commercial building and residential codes,
and local building codes.
[7.8.4.53
NMAC - N/E, 12/5/2019]
7.8.4.54 HOUSEKEEPING:
A. The facility
must be kept free from accumulations of refuse, discarded equipment, furniture,
paper, dirt, rubbish, dust, and safety hazards and offensive odors.
B. Common rooms,
kitchen, waiting areas, restrooms and other areas of daily usage must be
cleaned as needed to maintain a clean and safe environment for the residents.
C. Deodorizers must
not be used to mask odors caused by unsanitary conditions or poor housekeeping
practices.
D. Janitorial
cleaning supplies must be kept in a secure closet or cabinet.
[7.8.4.54
NMAC - N/E, 12/5/2019]
7.8.4.55 PROVISIONS
FOR EMERGENCY CALLS:
A. An easily
accessible hard-wired telephone for summoning help, in case of emergency, must
be available in the facility.
B. A list of
emergency numbers including, but not limited to, fire department, police
department, ambulance services, local hospital, poison control center, and the
department’s division of health improvement’s complaint hotline must be
prominently posted by the telephone(s).
[7.8.4.55
NMAC - N/E, 12/5/2019]
7.8.4.56 MEDICATIONS
STORAGE: All medications, including non-prescription drugs,
shall be stored in a locked compartment or in a locked room, as required and
approved by the New Mexico board of pharmacy, and the key shall be in the care
of the manager or designee.
[7.8.4.56
NMAC - N/E, 12/5/2019]
7.8.4.57 OUTDOOR
ACTIVITY SPACE:
A. An easily
accessible outdoor activity area shall be available for use by residents.
B. A smoking area,
if provided must be located 25 feet away from any exit door. And provide
noncombustible metal ash urns.
[7.8.4.57
NMAC - N/E, 12/5/2019]
7.8.4.58 KITCHEN
AND DINING:
A. The facility
shall prepare food on site or have contracted food preparation. A facility that provides onsite food
preparation shall comply with the current standards and regulations of the New
Mexico environment department (NM ED), and other local government authorities.
B. A facility with
a kitchen area, whether used for on-site food preparation or not, must adhere
to the following requirements:
(1) toilet facilities may not open directly into the kitchen.
(2) filters, exhaust hoods, ranges, deep fat fryers, ovens and
all other similar items shall be operable and clean.
(3) kitchen exhaust hood shall be vented to exterior and
provided with a fire-suppression system if required by NM ED or local
authority.
(4) the kitchen, prep areas, and dining area shall be kept
clean, and sanitary.
(5) all
dishes and utensils used for eating and drinking and in the preparation of food
and drink, shall be cleaned and sanitized after each usage.
[7.8.4.58
NMAC - N/E, 12/5/2019]
7.8.4.59 DINING,
RECREATION AND INDOOR ACTIVITY OR MULTIPURPOSE ROOMS: A boarding home shall have common rooms,
including a living room, dining room, den or other recreation/activity rooms
for the resident’s use. The furnishings
shall be well constructed, comfortable and in good repair.
A. At least one
such room shall be available to residents for relaxation and visitation with
friends and/or relatives, and which can be closed for private visits.
B. A dining area
shall be provided for meals and shall have tables and chairs to accommodate the
residents.
C. Each activity area shall have a
minimum net glazed area (window) not less than eight percent of the floor area
of the room served.
D. Total
Area: The combined floor space of dining, recreation, and activity areas
shall not be less than 25 square feet per bed. Solaria and lobby sitting areas,
exclusive of traffic areas, shall be categorized as living room space.
[7.8.4.59
NMAC - N/E, 12/5/2019]
7.8.4.60 RESIDENT
ROOMS: Resident bedrooms must meet, at a minimum,
the following requirements:
A. A facility shall
not exceed the resident (bed) capacity approved by the licensing
authority. Any beds or bedroom, provided for boarding home staff are not included
in the approved bed capacity.
B. No resident bedroom
shall be used as a public or general passageway to another room, bath or
toilet. Resident rooms must connect
directly to a hallway or other common areas of the facility.
C. No room commonly
used for other purposes shall be used as a bedroom for any resident. Such rooms
shall include but not be limited to halls, stairways, unfinished attics or
basements, garages, storage areas, and sheds, or similar detached buildings.
D. Resident rooms
may be private (single), semi-private or dormitory style sleeping room.
Required square footage excludes any closets or fixed cabinetry.
(1) Private
(single) rooms must be of a minimum room size of 100 square feet.
(2) Semi-private
rooms may not house more than two residents and shall provide 80 square feet
per resident.
(3) Dormitory
rooms shall be of a minimum room size of 150 square feet and must provide 50
square feet per occupant with a maximum occupancy of eight.
E. Resident rooms
shall not be less than nine feet in any horizontal direction.
F. Each resident
room shall have operable window(s) with screens. The area of the outdoor window
shall be at least one tenth of the floor area of the room. At least one window in each resident room
must allow for emergency egress and comply with state commercial or residential
building code requirements.
G. Each resident
room shall be furnished with well-constructed, comfortable furniture in good
repair:
(1) An
individual bedframe with a clean, fire-retardant mattress & pillow, with
firm support.
(2) Cots,
daybeds, bunk beds or futons are not allowed.
(3) In
addition to the bed, each resident shall be furnished with a chair, a night
stand, and lights necessary for reading.
(4) Two
residents sharing a semi-private bedroom shall be permitted to share one-night stand.
(5) Lockers,
portable or permanent closets and drawer space in each bedroom to accommodate
the resident’s clothing and personal belongings. A minimum of two drawers, or eight cubic feet
of drawer space, whichever is greater, shall be provided for each resident.
(6) Consenting
couples may be allowed to share one double or larger sized bed in a
semi-private room.
H. Each resident
shall be provided with the following items:
(1) Clean
linen in good repair, including lightweight, warm blankets and bedspreads; top
and bottom bed sheets; pillow cases; mattress pads; rubber or plastic sheeting,
when necessary; and bath towels, hand towels and wash cloths.
(2) The
quantity of linen provided shall permit changing the linen at least once each
week or more often when necessary to ensure that clean linen is in use by
residents at all times.
(3) The
use of common towels and washcloths shall be prohibited.
(4) The
boarding home shall ensure provision to each resident, the necessary items for personal
care and maintenance of personal hygiene, including but not limited to the
following items: toilet paper, feminine
napkins, nonmedicated soap, toothbrush, toothpaste,
and comb.
[7.8.4.60
NMAC - N/E, 12/5/2019]
7.8.4.61 TOILETS,
LAVATORIES AND BATHING FACILITIES:
A. General
requirements: The number of and location of toilets, lavatories and bathing
facilities shall be provided and installed in accordance with the latest
adopted edition of the New Mexico commercial building and local building codes.
(1) All
toilet rooms must be provided with a lavatory for hand washing.
(2) All
toilets must be kept supplied with toilet paper.
(3) All
lavatories for hand washing must be kept supplied with disposable towels for
hand drying or provided with mechanical blower.
(4) A
minimum of one toilet, one lavatory and one bathing unit (tub, shower, or combo
unit) shall be provided for every eight residents or fraction thereof.
(5) If
a facility has live-in staff, a separate toilet, hand washing, and bathing
facilities for staff must be provided.
(6) Facilities
with four or more residents shall provide one handicap accessible bathroom or
as required by the New Mexico residential building or commercial building code,
or local building codes.
(7) Toilets
and bathrooms shall be located near resident bedrooms.
(8) Individual
privacy shall be provided in all toilet, bath and shower areas.
[7.8.4.61
NMAC - N/E, 12/5/2019]
7.8.4.62 LAUNDRY
SERVICES:
A. General
requirements: A boarding home facility
shall provide laundry services, either on the premises or through a commercial
laundry and linen service.
(1) On-site
laundry facilities shall be located in areas separate from the resident units
and shall be provided with necessary washing and drying equipment.
(2) Soiled
laundry shall be kept separate from clean laundry, unless the laundry facility
is provided for resident use only.
(3) Soiled
laundry shall not be stored in the kitchen or dining areas. The building design
and layout shall ensure the separation of laundry room from kitchen and dining
areas.
(4) Facility
laundry supplies and cleaning supplies shall not be kept in the same storage
areas used for the storage of foods and clean storage.
(5) All
linens and bedding shall be changed as needed or when a new resident is to
occupy the bed.
B. Personal
laundry: Residents who are able, and who
so desire, may be allowed to use at least one washing machine, dryer, iron and
ironing board for their personal laundry, provided that the equipment is of a
type and in a location, which can be safely used by the residents. If that washing machine is coin operated,
residents on SSI/SSP shall be provided with coins or tokens and laundry supplies.
[7.8.4.62
NMAC - N/E, 12/5/2019]
7.8.4.63 PLUMBING
SYSTEMS; WATER AND WASTE DISPOSAL:
All plumbing systems including water supply and sewer systems shall be
in accordance with latest adopted editions of the New Mexico commercial
building, New Mexico plumbing code, New Mexico mechanical code, and local
building codes.
A. Water: A facility licensed
pursuant to these regulations must be provided with an adequate supply of water
that is of a safe and sanitary quality suitable for domestic use.
(1) If
the water supply is not obtained from an approved public system, the private
water system must be inspected, tested, and approved by the New Mexico
environment department prior to licensure.
It is the facility's responsibility to ensure that subsequent periodic
testing or inspection of such private water systems be
made at intervals prescribed by the New Mexico environment department or
recognized authority.
(2) Hot
and cold running water under pressure must be distributed at sufficient
pressure to operate all fixtures and equipment during maximum demand periods.
(3) Water
distribution systems are arranged to provide hot water at each hot water outlet
at all times.
(4) Hot
water for hand washing and bathing facilities must not exceed 120 degrees F.
B. Water heaters: Must be able to
supply hot water to all hot water taps within the facility at full pressure
during peak demand periods and maintain a maximum temperature of 120 degrees F.
(1) Fuel
fired hot water heaters must be enclosed and separated from other parts of the
building by construction as required by current state and local building codes.
(2) All
water heaters must be equipped with a pressure relief valve (pop-off valve).
C. Sewage and waste disposal: All
sewage and liquid wastes must be disposed of into a municipal or public sewage
system where such facilities are available.
(1) Where
a municipal sewage system is not available, the system used must be inspected
and approved by the New Mexico environment department or recognized local
authority.
(2) Where
municipal or community garbage collection and disposal service are not
available, the method of collection and disposal of solid wastes generated by
the facility must be inspected and approved by the New Mexico environment department
or recognized local authority.
(3) All
garbage and refuse receptacles must be durable, have tight fitting lids, must
be insect and rodent proof, washable, leak proof and constructed of materials
which will not absorb liquids. Receptacles must be kept closed and clean.
[7.8.4.63
NMAC - N/E, 12/5/2019]
7.8.4.64 ELECTRICAL
POWER & LIGHTING STANDARDS:
A. All electrical
equipment and installation shall comply with the latest adopted edition of the
New Mexico electrical code, applicable national standards, and local codes.
B. Lighting shall
be provided at all spaces occupied by people, machinery, or equipment within
buildings, approaches to buildings, and parking lots.
C. Emergency
lighting shall be provided which will activate automatically upon disruption of
electrical services.
(1) Facilities
with four or more residents shall have emergency lighting to light exit
passageways and the exterior area near the exits that activates automatically
upon disruption of electrical service.
(2) Facilities
with three or fewer residents shall have a flashlight that is immediately
available for use in lieu of electrically interconnected emergency lighting.
D. Electrical cords
and extension cords shall:
(1) be U/L approved;
(2) be replaced as soon as they show wear;
(3) be plugged into an electrical receptacle within the room
where used;
(4) not be used
as a general wiring method; and
(5) not be used in series.
E. Electrical
receptacles shall:
(1) Be
duplex-grounded type electrical receptacles (convenience outlets) and installed
in all areas in sufficient quantities for tasks to be performed as needed.
(2) Be
a ground fault circuit interrupter if located within six feet of a water
source; and
F. The use of
multiple sockets (gang plugs) in electrical receptacles is strictly prohibited.
[7.8.4.64
NMAC - N/E, 12/5/2019]
7.8.4.65 HEATING,
VENTILATION, AND AIR-CONDITIONING:
A. Heating,
ventilation, air-conditioning, piping, boilers, and furnaces must be installed
and maintained to meet all requirements.
The latest adopted edition of the state plumbing, mechanical, and
electrical codes, applicable national standards, and local codes.
(1) The
heating, ventilation and air-conditioning system must be able to maintain
interior temperatures in all rooms used by residents, staff or visitors with
interior temperatures between 65 degrees fahrenheit
and 78 degrees fahrenheit year-round.
(2) The
use of non-vented heaters, open flame heaters or portable heaters is
prohibited.
(3) An
ample supply of outside air must be provided in all spaces where fuel fired
boilers, furnaces, or heaters are located to assure proper combustion.
(4) All
fuel fired boilers, furnaces, or heaters must be connected to an approved
venting system to take the products of combustion directly to the outside air.
(5) All
gas-fired heating equipment must be provided with a 100 percent automatic
cutoff control valve in event of pilot failure.
B. A facility must be
adequately ventilated at all times to provide fresh air and the control of
unpleasant odors.
(1) All
restrooms, bathroom, and laundry rooms shall be provided with exhaust fans
vented to the exterior.
(2) Kitchen
hoods must be vented to the exterior.
C. The facility
must be provided with an evaporative or refrigerated air conditioning system
for maintaining residents and staff's comfort during periods of hot weather.
(1) All
building code requirements must be met regarding emergency egress for an outside
window or door.
(2) A
window unit air conditioner or fan shall not be installed in the required
emergency egress window.
D. Fireplace and/or
wood burning stoves must be properly vented, have exterior combustion air,
securely screened or have tempered glassed doors. Fireplaces or wood burning stoves are allowed
in resident rooms.
[7.8.4.65
NMAC - N/E, 12/5/2019]
7.8.4.66 FIRE
SAFETY SYSTEMS AND COMPLIANCE:
All Boarding homes shall comply with the current applicable requirements
of the state fire marshal, or local fire authority having jurisdiction, for
fire prevention, safety, and fire safety systems. All equipment shall be properly maintained
and inspected as recommended by the manufacturer, state fire marshal, or the
local fire authority.
A. Fire clearance and inspections: Each facility must request from the New
Mexico state fire marshal, or local fire authority having jurisdiction, an
annual fire inspection. Records of
inspection shall be kept on file in the facility.
(1) Copies
of the fire inspection records must be kept on file at the facility for the
following:
(a) fire extinguishers,
(b) smoke and fire alarm systems,
(c) automatic detection equipment, including carbon monoxide
detectors,
(d) kitchen hoods with fire suppression,
(e) automatic fire suppression systems, and
(f) other fire safety equipment.
(2) If
the policy of the fire authority having jurisdiction does not provide for
annual inspection of the facility, the facility must document the date the
request was made and to whom. If the
fire authorities conduct annual inspections; a copy of the latest inspection
must be kept on file in the facility.
B. Staff fire and safety training: All staff of the facility must know the
location of, and instructed in proper use of fire extinguishers, fire safety
systems, and other procedures to be observed in case of fire or other
emergencies.
(1) Facility
staff must be instructed as part of their duties to constantly strive to detect
and eliminate potential safety hazards, such as loose handrails, frayed
electrical cords, faulty equipment, blocked exits or exit ways, and any other
condition which could cause burns, falls, or other personal injury to the
residents or staff.
(2) The
facility should request the fire authority having jurisdiction to give periodic
instruction in fire prevention and techniques of evacuation.
C. Evacuation plan: Each facility
must have a fire evacuation plan conspicuously posted in each separate area of
the building for residents in case of fire or other emergencies, showing routes
of evacuation and designated areas to meet.
Staff shall be trained to direct and assist residents during an
emergency evacuation.
D. Fire drills: All facilities shall
conduct monthly fire drills which are to be documented. A record of the monthly fire drills shall be
maintained on file in the facility and readily available. There shall be at least one documented fire
drill per month. There shall be one
documented fire drill for each daily work shift (i.e.: day, night or graveyard)
per quarter, that employs the use of the fire alarm system or the detector
system in the facility. Fire drill
records shall show:
(1) the date and time of the drill;
(2) the number of staff participating in the drill;
(3) any problem noted during the drill; and
(4) the evacuation time in total minutes.
(5) if applicable, the local fire department may be requested to
supervise and participate in fire drills.
E. Fire alarms, smoke detectors and other
equipment: The system shall comply with the current applicable
requirements of the New Mexico State Fire Marshal, or local fire authority
having jurisdiction.
(1) Facilities
shall have an automatic fire alarm system, the fire
alarm system(s) shall be inspected and approved in writing by the fire
authority with jurisdiction.
(2) Approved
smoke detectors shall be installed on each floor that when activated provides
an alarm which is audible in all sleeping areas. Areas of assembly, such as the
dining, living or activity room(s) must also be provided with smoke detectors.
(3) Approved
carbon monoxide detectors shall be installed on each floor that when activated
provides an alarm which is audible in all sleeping areas.
F. Fire extinguishers: Fire
extinguisher(s) shall be installed in the facility, as approved by the state
fire marshal or the local fire prevention authority with jurisdiction.
(1) Facilities
must as a minimum have two 2A10BC fire extinguishers:
(a) One
extinguisher located in the kitchen or food preparation area;
(b) One
extinguisher centrally located in the facility;
(c) The
maximum distance between fire extinguishers shall be 50 feet.
(d) All
fire extinguishers shall be inspected yearly, recharged as needed and tagged
noting the date of the inspection;
(2) Fire
extinguishers, alarm systems, automatic detection equipment and other
firefighting equipment shall be properly maintained and inspected as
recommended by the manufacturer, state fire marshal, or the local fire
authority.
G. Automatic fire protection (fire sprinkler)
system: Facilities shall have an automatic fire protection
(sprinkler) system. The system shall be
in accordance with the latest adopted editions of the New Mexico commercial
building & residential building codes, and New Mexico state fire marshal,
or local fire authority having jurisdiction.
(1) Exception:
Boarding homes designated as “R-3 in the NM commercial building &
residential building codes,” with 10 (transient) residents or less, are not
required to have a fire sprinkler system, when they are housed in a one- or
two-family dwellings units that are not more than three stories above grade
plane in height and that have separate means of egress and their accessory
structures. (as referenced in section 310.5 Residential
Group R-3).
(2) Exception:
Boarding homes designated as “R-3 in the NM commercial building &
residential building codes,” with 16 (nontransient)
residents or less, are not required to have a fire sprinkler system, when they
are housed in a one- or two-family dwellings units that are not more than three
stories above grade plane in height and that have separate means of egress and
their accessory structures. (as referenced in section
310.5 Residential Group R-3).
[7.8.4.66
NMAC - N/E, 12/5/2019]
7.8.4.67 INCORPORATED
AND RELATED CODES: The facilities that are subject to this rule
are also subject to other rules, codes and standards that may, from time to
time, be amended. This includes but not
limited to the following:
A. Health facility
licensure fees and procedures, department of health, 7.1.7 NMAC.
B. Health facility
sanctions and civil monetary penalties, department of health, 7.1.8 NMAC.
C. Adjudicatory
hearings for licensed facilities, department of health, 7.1.2 NMAC.
D. Caregiver’s
criminal history screening requirements, 7.1.9 NMAC.
E. Employee abuse
registry, 7.1.12 NMAC.
F. Incident
reporting, intake processing and training requirements, 7.1.13 NMAC.
G. New Mexico
Administrative Code, Title 14 Housing and Construction, chapters 5 through 12.
[7.8.4.67
NMAC – N/E, 12/5/2019]
History of 7.8.4
NMAC:
Pre-NMAC
history:
Material
in this part was derived from that previously filed with the commission of
public records state records center and archives:
HSSD
72-1, New Mexico Licensing regulations and standards for boarding homes, filed
05-26-72.
HSSD
76-6, Adult residential shelter care homes, regulations and standards, filed
09-24-76.
HED
80-2A (HSD), Regulations for community residential facilities for developmentally
disabled individuals, filed 09-26-80.
HED
86-3 (HSD), Regulations governing residential shelter care and boarding home
facilities for adults, filed 07-11-86.
HED
90-1 (PHD), Regulations governing residential shelter care and boarding home
facilities for adults, filed 01/11/90.
History of
Repealed Material:
Other History: