TITLE 7 HEALTH
CHAPTER 1 HEALTH-GENERAL PROVISIONS
PART 32 LONG-TERM CARE FACILITY DEMENTIA
TRAINING
7.1.32.1 ISSUING AGENCY: New
Mexico Department of Health, Divison of Health Improvement.
[7.1.32.1 NMAC - N,
12/28/2021]
7.1.32.2 SCOPE: These regulations apply to any long-term care
facility and long-term care facility contractor in the state of New Mexico or
licensed by the New Mexico department of health, division of health
improvement.
[7.1.32.2 NMAC - N,
12/28/2021]
7.1.32.3 STATUTORY AUTHORITY: The regulations set forth herein are
promulgated by the secretary of the department of health by authority of
Subsection E of Section 9-7-6 NMSA 1978, Section 24-17B-1 through Section
24-17B-4 NMSA 1978. The division of
health improvement (“divison”) of the department of health shall administer and
enforce these regulations.
[7.1.32.3 NMAC - N,
12/28/2021]
7.1.32.4 DURATION: Permanent.
[7.1.32.4 NMAC - N,
12/28/2021]
7.1.32.5 EFFECTIVE DATE: December 28, 2021, unless a later date is cited
at the end of a section.
[7.1.32.5 NMAC - N,
12/28/2021]
7.1.32.6 OBJECTIVE: The regulations establish policy, standards,
and criteria relating to: the educational and certification requirements,
issuing of certifications, and continuing education of persons who provide
direct care service to long-term care facility residents in order to maintain
or improve the health and qualify of life of
the residents.
[7.1.32.6 NMAC - N,
12/28/2021]
7.1.32.7 DEFINITIONS:
A. “Act” shall mean the Long-Term Care Facility
Dementia Training Act Section 24-17B-1, et seq NMSA 1978.
B. “Certificate” shall mean the
training certificate issued by the provider of training pursuant to 7.1.32 NMAC
and the Long-Term Care Facility Dementia Training Act Section 24-17B-1, et seq
NMSA 1978.
C. “Continuing education” means
participation in a formal learning experience of which the course topics have
been approved by the department as set forth in 7.1.32.9 NMAC.
D. “Department” means the department of health.
E. “Direct
care service” means services provided to long-term care facility residents
that maintain or improve the health and quality of life of the residents.
F. “Direct
care service staff member” means a person:
(1) employed by or contracted with a long-term
care facility, either directly or through a third-party agreement, to provide
in-person direct care services to long-term care facility residents; or
(2) contracted with a long-term care
facility, either directly or through a third-party agremeent, to provide at
least ten hours per week in direct care services by video, audio or telephonic
means.
G. “DCSSM” means direct care service staff member.
H. “Division” means the division
of health improvement of the department of health.
I. “In-person instructor” means the in-person dementia
training instructor who will conduct dementia training pursuant to the
requirements of 7.1.32 NMAC.
J. “Long-term
care facility” means every long-term care facility licensed by the state of
New Mexico.
K. “Long-term care facility contractor” as used within
this regulation means an enity that employs direct care service staff members.
[7.1.32.7 NMAC - N,
12/28/2021]
7.1.32.8 TRAINING REQUIREMENT:
A. Every direct care service staff member shall complete the
requirements for and obtain certification as provided in 7.1.32.9 NMAC.
B. Every direct care service staff member is required to
complete the training and written examination set forth in 7.1.32.9 NMAC pursuant to the following requirements:
(1) if hired after January 1, 2022, shall
complete the training required within 60 days of the start of employment;
(2) if hired prior to January 1, 2022,
shall complete the training required if the direct care service staff member
has not received training in the past 24 months equivalent to the training set
forth in 7.1.32.9 NMAC within sixty days of January 1, 2022;
(3) if
the direct care service staff member had successfully obtained a training
certificate but has had a lapse of dementia-related direct care service
employment for 24 consecutive months or more then the direct care service staff
member shall complete the training and examination set forth in 7.1.32.9 NMAC
within 60 days of the start of employment.
C. Exception to initial training: A direct care service staff member (DCSSM)
hired prior to January 1, 2022, who received equivalent training within the
past 24 months equivalent to the requirements set forth in Subsection A of
7.1.32.9 NMAC shall be issued a training certificate by the department upon
receipt from a facility of a written attestation that the DCSSM has received
such training within the 24 months prior to January 1, 2022. A direct care service staff member (DCSSM)
hired after January 1, 2022, who received equivalent training within the 24
months prior to the hiring date equivalent to the requirements set forth in
Subsection A of 7.1.32.9 NMAC shall be issued a training certificate by the
department upon receipt from a facility of a written attestation that the DCSSM has received such training within the
24 months prior to the date of hire. The
facility attestation shall be provided to the department’s train division email
at: DOH-TRAIN.Support@state.nm.us for issuance of a training certificate by
the department.
[7.1.32.8 NMAC - N,
12/28/2021]
7.1.32.9 COURSE OF EDUCATION: New Mexico requires a state training
education process to become a certified direct care staff member. The education program shall provide knowledge
on the skills and abilities necessary to perform as a competent direct care
service staff member; this is established through training education, provided
either on-line or in person, followed by successful completion of a
division-approved written examination. The in-person instructor will conduct
the course of education for the direct care staff member as set out below. Each
long-term facility and long-term care facility contractor shall provide
training either on-line or in-person as set forth in this section to each DCSSM
that it employs.
A. Instruction: Instruction by the on-line provider or
in-person instructor must be at least four hours in length, either in-person or
on-line, and include these department-approved areas of study:
(1) identify cognitive, functional, and behavioral changes of
normal aging and those associated with mild cognitive impairment and dementia;
(2) identify and understand the various
types of dementia;
(3) identify the prevalence, risk
factors, signs and symptoms, and rate of progression of dementia;
(4) identify and understand the stages of
dementia;
(5) describe and understand when to refer
people living with dementia (PLwD) to a neurologist, geriatric psychiatrist,
neuropsychologist, or a national Alzheimer’s disease center;
(6) diagnosing dementia & discussing
dementia diagnosis;
(7) patient centered care;
(8) activities of daily living in people
living with dementia and Alzheimer’s disease;
(9) identify common components of an individualized
primary care plan for persons with middle stage dementia;
(10) identify common components of an
individualized primary care plan for persons with late stage dementia;
(11) identify and understand common medical
issues related to early-stage dementia,
(12) identify and understand common medical
issues related to middle-stage dementia;
(13) identify and understand common medical
issues related to late-stage dementia;
(14) effective care transitions to and from
acute care hospitals:
(15) interprofessional team roles and
dementia:
(16) describe how responsibilities may
evolve as the disease progresses;
(17) list legal and financial considerations
to discuss with a patient and appropriate care partner(s) upon a diagnosis of
dementia;
(18) identify domains that are included in a
capacity assessment for a person living with dementia;
(19) ethics and capacity issues;
(20) responding to abuse, neglect &
exploitation of people living with dementia and Alzheimer’s disease.
(21) identify signs and symptoms of
end-stage dementia;
(22) identify and understand barriers to
optimal care among various ethnic groups;
(23) identify and understand techniques for
effective communications with diverse populations;
(24) pain assessment in people living with
dementia;
(25) resident rights;
(26) palliative care & end of life care.
B. Trainer requirements: A person conducting
training of the required topics set forth in 7.1.32.9 NMAC shall have:
(1) at least two years of work experience
related to Alzheimer’s disease, dementia, health care, gerontology or other
related field; and
(2) successfully completed training
requirement to the requirements provided in Subsection A of 7.1.32.9 NMAC,
including passage of the knowledge test required in Subsection D of 7.1.32.9
NMAC; and
C. Training on-line: Training on-line
shall be provided by the department through the train program at www.train.org/nm
or through a department -approved on-line curriculum and knowledge test which
shall include the department-approved areas of
study set forth in Subsection A of 7.1.32.9 NMAC and shall be at least
four hours in length. After completion
of the on-line training and successful passage of a knowledge test, a certificate
shall be issued to the DCSSM.
D. Evaluation of training topics: The department shall review and evaluate the
training areas of study in Subsection A of 7.1.32.9 NMAC every two years or as
determined necessary by the department based upon current research and best
practices.
E. Testing:
The in-person or on-line training must be followed by successful completion of a division-approved
written examination which shall cover the areas of study set forth in
Subsection A of 7.1.32.9 NMAC before a training certificate will be issued by
the in-person or on-line training program.
F. Training certificates: The provider of
on-line or in-person training conducted pursuant to 7.1.32.9 NMAC shall issue a
certificate to the DCSSM upon completion of initial training, or the department
shall issue a certificate upon receipt of facility attestation of exemption
from training as set forth in Subsection D of 7.1.32.8 NMAC. The certificate shall be valid so long as the
certificate holder meets the continuing education requirement set forth in 7.1.32.9
NMAC and the certificate holder has not had a lapse of dementia-related direct
care service employment for 24 consecutive months or more. The certificate shall be valid among
long-term care facilities.
G. Continuing education:
Proof must be maintained by the facility of four hours of training by
the DCSSM every two years on topics set forth in 7.1.32.9 NMAC for treatment
and care of persons with Alzheimer’s disease or dementia, in order to maintain
the certificate issued to the individual DCSSM.
H. Maintenance of certification records: Each long-term care facility and long-term
care facility contractor subject to 7.1.32.1 et.seq NMAC shall be responsible
for maintaining documentation regarding completed long-term care facility
dementia training, evaluation and continuing education for each DCSSM. Each long-term care facility contractor
subject to 7.1.32.1 et.seq NMAC shall provide a copy of each DCSSM’S dementia
training certificate to every long-term care facility where the DCSSM provides
direct care service, pursuant to Subsection F of Section 24-17B-3 NMSA 1978.
[7.1.32.9 NMAC - N,
12/28/2021]
7.1.32.10 SEVERABILITY: If any
part or application of the long-term care facility dementia training regulation
is held invalid, the remainder or its application to other situations or
persons shall not be affected.
[7.1.32.10 NMAC -
N, 12/28/2021]
HISTORY
OF 7.1.32 NMAC: [RESERVED]