New Mexico Register / Volume XXXI, Issue
7 / April 7, 2020
This is an emergency amendment to 7.8.2 NMAC, Section
16, effective 3/26/2020.
7.9.2.27 EMPLOYEES: In this
section, “employee” means anyone directly employed by the facility on other than
a consulting or contractual basis.
A. Qualifications and restrictions: No person
under [eighteen (18)] 17 years of age shall be employed to
provide direct care to residents.
B. Physical health certifications: Every new
employee shall be certified in writing by a physician as having been screened
for tuberculosis infection and provide a statement of medical evidence that
they are currently free from communicable disease prior to beginning work.
C. Disease surveillance and control: Facilities
shall develop and implement written policies for control of communicable
diseases which ensure that employees and volunteers with systems or signs of
communicable disease or infected skin lesions are not permitted to work unless
authorized to do so by a physician or physician extender.
D. Volunteers: Facilities may
use volunteers provided that the volunteers receive the orientation, training,
and supervision necessary to assure resident health, safety and welfare.
E. Abuse of residents:
(1) Orientation for all employees: Except
in an emergency, before performing any duties, each new employee, including
temporary help, shall receive appropriate orientation to the facility and its
policies, including, but not limited to, policies relating to fire prevention, accident
prevention, and emergency procedures.
All employees shall be oriented to resident's rights and to their
position and duties by the time they have worked 30 days.
(2) Training: Except for nurses, all employees who provide
direct care to residents shall be trained through a program approved by the
department.
(3) Assignments: Employees shall be assigned only to resident
care duties consistent with their training.
(4) Reporting: All employees will be instructed in the
reporting requirements of Section 27-7-14 NMSA 1978, the Adult Protective
Services Act, of abuse, neglect or exploitation of any resident.
F. Continuing education:
(1) Nursing in-service: The facility shall require employees who
provide direct care to residents to attend educational programs desired to
develop and improve the skill and knowledge of the employees with respect to
the needs of the facility's residents, including rehabilitative therapy, oral
health care, wheelchair safety and transportation and special programming for
developmentally disabled residents if the facility admits developmentally
disabled person. These programs shall be
conducted quarterly to enable staff to acquire the skills and techniques
necessary to implement the individual program plans for each resident under
their care.
(2) Dietary in-service: Educational programs shall be held quarterly
for dietary staff, and shall include instruction in the proper handling of
food, personal hygiene and grooming, and nutrition and modified diet patterns
served by the facility.
(3) All other staff in-service: The facility shall provide in-service
designed to improve the skills and knowledge of all other employees.
[7-1-60, 5-2-89; 7.9.2.26
NMAC-Rn, 7 NMAC 9.2.26, 8-31-2000; A/E, 3/26/2020]