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, 6/3/2020]
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 that are required to be licensed by the state licensing
authority. This rule applies to all
boarding homes facilities which receive
lodging for compensation and are operated to provide assistance with one or
more instrumental activities of daily living or with the coordination of
community services to residents 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. This rule does not apply to
boarding homes under the control of an institution of higher learning, any
facility which is otherwise licensed and regulated by the department, any
hotel, other landlord-tenant relationship or homeless shelter.
[7.8.4.2
NMAC - N, 6/3/2020]
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, 6/3/2020]
7.8.4.4 DURATION: Permanent.
[7.8.4.4 NMAC - N, 6/3/2020]
7.8.4.5 EFFECTIVE DATE: June 3, 2020, unless a later date is specified
at the end of a section.
[7.8.4.5 NMAC - N, 6/3/2020]
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
using supportive services in the surrounding community to meet the needs of
residents.
E. Provide
for boarding home 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, 6/3/2020]
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 abuse,
or neglect resulting in harm of an individual resident.
B. “Amended license” means an amended
license issued due to a change of manager name, location, capacity, or
classification of any units.
C. “Activities of daily living (ADLs)” as
per 42 CFR Section 441.505 2016 “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.
F. “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.
G. “Bed”
means 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.
H. “Boarding
home” means any facility that is required to be licensed by the department
of health, that provides assistance with one or more 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.
(1) Limited
assistance with self-administered medication.
(2) Central
storing or distribution of medications, as specified in 16.19.11 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 obtaining medical and dental care.
(4) Maintenance
of house rules for the protection of residents.
(5) Supervision
of resident schedules and activities.
(6) Maintenance
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.
J. “Department”
means the department of health.
K. “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.
L. “Instrumental activities of daily living (IADLs)”
as per 42 CFR Section 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”.
M. “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.
N. “Licensee”
means the person(s) who, or organization which, has an ownership,
leasehold, or similar interest in the boarding home and in whose name a license
has been issued and who is legally responsible for compliance with these
requirements.
O. “Licensing
authority” means the agency within the department vested with the authority
to enforce these requirements.
P. “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. 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 Section 16.12.5.10 NMAC.
Q. “Manufactured
home” means any home factory-built pursuant to the 24 CFR part 3280
manufactured home construction and safety standards (commonly known as ‘the
HUD-code’) and built on a permanent chassis to ensure transportability.
R. “Medication
administration” 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.
S. “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.
T. “Modular home”
means any home factory-built pursuit to the New Mexico regulation and licensing
department construction industries regulations, Section 14.12.1 through
14.12.11 NMAC.
U. “Mobile
home” means a prefabricated residential 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
in accordance with Section 14.12.1 through 14.12.11 NMAC.
V. “Needs
and services plan” means a written comprehensive plan, that identifies all
needs and services for a resident.
W. “Neglect”
means the failure to provide goods and services necessary to avoid physical
harm, mental anguish, or mental illness, 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.
X. “Nontransient”
means occupancy of a dwelling unit or sleeping unit for more than 30 days. See also; resident.
Y. “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.
Z. “Personal
care services” means assistance with instrumental activities of daily living.
AA. “Pharmacist”
means a person licensed under the pharmacy act, Sections 61-11-1 to 61-11-29,
NMSA 1978.
BB. “Pharmacy”
means a place where drugs are compounded or dispensed that is licensed by the
New Mexico board of pharmacy.
CC. “Physical
abuse” means damaging or potentially damaging acts or incidents that result
in bodily injury or death.
DD. “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.
EE. “Resident”
means an individual receiving services and residing in the licensed boarding
home.
FF. “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.
GG. “Restraint”
means any physical or chemical restraints which restrict freedom of movement or
is used for discipline or for the convenience of the boarding home. This includes 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. Mechanical supports shall not be
considered physical restraints when used pursuit to the residents needs and
supports care plan.
HH. “Transient”
means occupancy of a dwelling unit or sleeping unit for not more than 30 days.
II. “Variance”
means a decision that is made at the discretion of the licensing authority to
allow a boarding home 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.
JJ. “Waive
or waiver” means a decision that is made at the discretion of the licensing
authority to allow a boarding home 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, 6/3/2020]
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, 6/3/2020]
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 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 assistance with 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, shall not be placed in a
boarding home.
B. Licensure
is required:
(1) No
boarding home as defined in Subsection H of 7.8.4.7 NMAC may operate in New
Mexico unless it is licensed in accordance with the requirements of the
department.
(2) Any
boarding home 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.
(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 regulations contained in this rule shall not apply to any of the following:
(a) Any
other licensed health facility, as defined by the public health act Subsection
F of Section 24-1-2, NMSA 1978 licensed by the department.
(b) Any
clinic, as defined by the public health act Subsection F of Section 24-1-2 NMSA
1978 licensed by the department.
(c) Any
home operated by a home and community-based medicaid waiver service provider,
under contract with the department 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 a public school as defined by Subsection L of Section 22-1-2 NMSA
1978 or a nonpublic school accredited by a generally accepted accreditation
agency.
(ii) The
school and the school dormitory are on the same grounds.
(iii) The
program operates only during normal school terms unless the academic program
runs year-around.
(iv) The
school's function is educational only.
(v) 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
family, 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 are 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.
D. Other
operations not affected: Boarding homes
that also rent rooms solely on an owner-resident basis, to individuals who do
not require assistance with one or more instrumental activities of daily living or assistance with the
coordination of community services, are not required to comply with this rule
in respect to those individuals only.
[7.8.4.9
NMAC - N, 6/3/2020]
7.8.4.10 GENERAL LICENSING REQUIREMENTS:
A. Application and requirements
for licensure:
(1) All
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 or, 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.
(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 boarding home; and
(b) the
identities of all persons or business entities having five percent ownership
interest whatsoever in the boarding home, 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, including familial or direct or indirect business relationship,
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 the applicant 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 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 boarding home for a period of six months. The evidence shall include a credit report
from a recognized credit bureau, and with a minimum credit score of 650 or
above for applicants that are individuals.
(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 will be provided by 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.
(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 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 boarding
home and at a minimum, include the following:
(1) the name of boarding home;
(2) the name of the owner and licensee and the type of legal entity under which the boarding
home shall be owned;
(3) the name of the management company, if any;
(4) the type of boarding home license requested;
(5) the
name and resume of the proposed manager;
(6) the anticipated number of residents to be served;
(7) the number of beds in the proposed boarding
home;
(8) the physical address of the boarding home 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 boarding
home 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 submit a fully
completed, printed or typed, dated, signed and notarized license application The owner shall submit the application 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 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 compliance by the applicable zoning authority.
D. Program description:
The applicant must submit with its license application a program outline
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 boarding home;
(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 boarding home’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 forth 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 boarding home to operate in the
jurisdiction in which it is located, including but not limited to:
(a) written
zoning approval or proof of zoning compliance;
(b) building
permit final approval, or certificates of occupancy from the appropriate
authority (state, city, county, or municipality) for business occupancy; and
(c) 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 boarding home
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, 6/3/2020]
7.8.4.11 ACTION BY THE DEPARTMENT:
A. After
receiving a 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, 6/3/2020]
7.8.4.12 TYPES OF LICENSE:
A. Annual license: An annual license is issued for a one-year
period to a boarding home 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
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.
(4) a temporary license is not guaranteed
under these regulations and shall be limited and restricted to:
(a) a finding that the applicant is
qualified and in full compliance with these requirements;
(b) the
boarding home being allowed to accept residents and provide care services,
subject to any requirements and restrictions attached to the temporary license.
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 boarding home, 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, 6/3/2020]
7.8.4.13 SCOPE OF LICENSE:
A. The license 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, 6/3/2020]
7.8.4.14 SEPARATE LICENSES: Separate licenses shall be required for
boarding homes 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 legal lot of
record, multiple buildings on contiguous legal lots of record, or contiguous
campus or condominium units within the same ownership.
[7.8.4.14
NMAC - N, 6/3/2020]
7.8.4.15 LICENSE RENEWAL:
A. 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 boarding home 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 by licensee with these regulations and
all applicable state and federal statutes and regulations, as part of its
license renewal application for the department to determine whether the
applicant and the boarding home 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 boarding home 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 boarding home remains in full compliance with these regulations. If the boarding home does not renew its
license and continues to operate without paying civil monetary penalties and
without being in full compliance with these regulations, the boarding home
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 boarding home of the renewal date or the expiration date of the
boarding home’s license.
E. After
issuance of the initial license, if the boarding home is in substantial
compliance with these regulations and provides an application and fee the
boarding home may be issued a license renewal.
[7.8.4.15
NMAC - N, 6/3/2020]
7.8.4.16 POSTING: The license or a certified copy thereof shall
be conspicuously posted in a location accessible to public view within the
boarding home.
[7.8.4.16
NMAC - N, 6/3/2020]
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 10 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 boarding home shall require
notification by letter to the department and shall result in the issuance of a
corrected license.
[7.8.4.17
NMAC - N, 6/3/2020]
7.8.4.18 NON-TRANSFERABLE RESTRICTION ON LICENSE:
A. 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:
(1) any
ownership interest of the boarding home changes;
(2) the
boarding home changes location;
(3) the
licensee of the boarding home changes;
(4) the
boarding home discontinues operation; or.
B. A boarding home
wishing to continue operation as a boarding home under the conditions described
in Paragraphs (1) through (4) 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, 6/3/2020]
7.8.4.19 CHANGE
OF OWNERSHIP: An individual or entity wishing to purchase
and continue operation of an already licensed boarding home 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 intended 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
shall 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, that must include the following:
(a) process
for the reassessment of residents;
(b) process
for hiring boarding home staff and staffing plan identifying staff that will
cover all duties upon transition; and
(c) execution
of transfer agreements between the buyer and seller.
(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 boarding home 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, 6/3/2020]
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 boarding home 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, 6/3/2020]
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 boarding home's license.
[7.8.4.21
NMAC - N, 6/3/2020]
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 boarding home’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 boarding home to deviate from a portion(s) or to
modify a provision of this rule for an unspecified period of time, unless otherwise
limited, and 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 boarding home 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
boarding home 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 boarding home 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 denial
shall contain the reasons for denial.
(2) The
terms of a requested variance may be modified upon agreement between the
department and a boarding home.
(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
boarding home 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, 6/3/2020]
7.8.4.23 UNLICENSED FACILITIES: Any person or entity that opens
or maintains a non-medical boarding home 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 actions 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 boarding home that is operating
without a license.
D. Criminal
penalties that 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 boarding home and will be
required to obtain the required applicable boarding home licensure.
[7.8.4.23
NMAC - N, 6/3/2020]
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 boarding home 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 boarding
homes
to determine compliance with this rule.
C. The boarding
home shall provide the licensing authority full access to all boarding home
operations, buildings and information related to the operation of the boarding
home. 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 boarding home.
E. Failure by the
boarding home 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, 6/3/2020]
7.8.4.25 CORRECTIVE ACTION: If violations of this rule are cited, the
boarding home 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
their representative shall be required to submit a plan of correction to the
licensing authority within 10 working days stating how the boarding home
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 boarding
home 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) the date and signature of 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 boarding home will be sent a second
copy of the statement of deficiencies.
The boarding home shall complete and return the second copy of the
statement of deficiencies with an acceptable plan of correction within three
business days. The department may at its
option repeat the process 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 boarding home license.
(5) The licensing authority may accept,
reject, or direct the plan of correction.
C. Informal dispute review (IDR). The boarding home 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 boarding
home 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 boarding home.
(3) The boarding home 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, 6/3/2020]
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 boarding home and survey by authorized representatives of the licensing authority.
(3) Any person working
at the boarding home 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.
(7) Abuse, neglect or
exploitation of any resident by boarding home operator, staff, or relatives of
operator/staff.
(8) Allowing any
person, subject to all applicable statutes and regulations, to work at the
boarding home 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 caregivers criminal history screening requirements, 7.1.9
NMAC, as amended, and related regulations as amended.
C 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, 6/3/2020]
7.8.4.27 HEARING PROCEDURES:
Hearing procedures for an administrative appeal of an adverse action taken
by the department against a boarding home'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 boarding home’s license by the licensing authority, if the
regulations cannot be obtained from a public website.
[7.8.4.27
NMAC - N, 6/3/2020]
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 boarding home
are in accordance with adjudicatory hearings for licensed facilities, 7.1.2
NMAC.
B. All notices, orders
or decisions which the licensing authority issues to a boarding home 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, 6/3/2020]
7.8.4.29 POLICIES AND PROCEDURES: The boarding home shall
establish written policies and procedures that are reviewed and approved
annually by the governing body. 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 boarding
home’s written policies and procedures shall include how the boarding home
intends to comply with all requirements of these regulations and address:
A. incident management
system;
B. the maintenance of
the boarding home, 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 boarding home
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 boarding home safe, clean, and free of hazards and
clutter;
L. If applicable,
laundry services for the boarding home’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, 6/3/2020]
7.8.4.30 STAFFING REQUIREMENTS:
A. Operator or
manager: A boarding home 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 boarding home;
(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 boarding home) 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;
(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;
C. if a boarding home
provides transportation for residents, the employees of the boarding home who
drive vehicles and transport residents shall have copies of the following
documents on file at the boarding home:
(1) a valid New Mexico
driver’s license with the appropriate classification for the vehicle that is
used to transport residents;
(2) proof of insurance;
(3) documentation of a
clean driving record; and
(4) shall comply with
the requirements of the caregivers criminal history screening requirements,
7.1.9 NMAC.
[7.8.4.30
NMAC - N, 6/3/2020]
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
resident’s 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 boarding
home.
[7.8.4.31
NMAC - N, 6/3/2020]
7.8.4.32 PERSONNEL POLICIES:
The boarding home 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, 6/3/2020]
7.8.4.33 PERSONNEL RECORDS:
A. The boarding home
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 boarding home 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, 6/3/2020]
7.8.4.34 STAFFING REQUIREMENTS AND RATIOS: Minimum staffing requirements.
A. 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 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 boarding home.
B. During resident
sleeping hours, boarding home facilities shall have at least one direct care
staff person available on the premises or available to be on the premises
within 30 minutes in case of emergency.
C. 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
member 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, 6/3/2020]
7.8.4.35 RESIDENT
ACCEPTANCE, ADMISSIONS AND
DISCHARGE: The boarding home
shall complete an admission agreement for each resident. The manager of the
boarding home or a designee responsible for admission decisions shall meet with
the resident or the resident’s legally
authorized person prior to admission. No resident
shall be admitted who is below the age of 18 or for whom the boarding home is
unable to provide appropriate care as set forth in this regulation.
A. The boarding home
shall develop admission and discharge criteria and agreements.
B. Admission and discharge
criteria must be available in writing to all residents and visitors to the
boarding home.
C. Materials
describing services offered, eligibility requirements, resident rights and
responsibilities and fees charged 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 boarding home 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 services 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, 6/3/2020]
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.
(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.
(3) 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.
(4) Individuals who may
have a primary diagnosis of developmental disability and receive home and
community-based medicaid waiver services, may be accepted when the
interdisciplinary team (IDT) and guardian and individual agree that the
boarding home is an appropriate placement in the community.
B. Individuals who
meet the following criteria shall not be admitted to or retained in boarding
homes:
(1) Persons who require
more care and supervision than is provided by the boarding home.
(2) Persons who require
nursing care, or who are not ambulatory.
(3) Persons with
dementia or related disorders causing memory impairment.
(4) Persons whose
physician has prescribed a therapeutic diet if those dietary requirements
cannot be met.
(5) Persons who have needs
that are in conflict with the needs of other residents or the program of
services offered.
(6) Persons who
currently require acute inpatient psychiatric care due to a mental disorder.
(7) Persons who require
inpatient care in a health facility.
(8) Persons who are unable to care
for themselves and would be at risk if left alone.
(9) Persons who require
services that the boarding home does not provide or make available.
(10) Persons who are
actively being destructive of property, self-destructive, disturbing or abusive
to others, or suicidal or in need of acute inpatient psychiatric services.
C. Resident retention
limitations: Residents whose behavior
exceed their resident 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, 6/3/2020]
A. The boarding home must be able to provide
oversight to the residents, such as reminding them of meals, medications and
appointments and monitoring activities while on the premises of the boarding
home.
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 or
dentist as needed.
C. Boarding homes shall provide assistance
with certain 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 require a registered nurse or a certified
medication assistant (CMA) under RN supervision who follows board of nursing
regulations to perform. 16.12.5.10 NMAC.
[7.8.4.37 NMAC - N, 6/3/2020]
7.8.4.38 NEEDS AND SERVICES PLAN: Prior to
admission, the licensee shall determine whether the boarding home'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.
B. The following individuals shall be included in
developing the plan:
(1) the resident, and the resident’s legally authorized person or their authorized representative, if
any;
(2) any relative participating in the
placement;
(3) the boarding home manager or
designee responsible for boarding home 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;
(7) any individual the resident
believes would be beneficial to inform the needs and services plan.
C. The needs and services plan shall include:
(1) The resident's desires and
background, obtained from the resident, the resident's family or their
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) Boarding home plans for providing
services to meet the individual needs identified above.
(a) Objectives,
within a time frame, that relate to the resident's problems 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.
D. 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 or social
functioning. If modifications to the
plan identify an individual resident service need which is not being met by the
general program of boarding home 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 boarding
home within the boarding home's program of services.
(2) If it is determined that the
resident's needs cannot be met, the licensee shall inform the resident and
their 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.
7.8.4.39 RESIDENT RECORDS:
The licensee shall ensure that a
separate, complete, and current record is maintained in the boarding home 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
boarding home will provide assistance to the resident in meeting their
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) Signed consent for the release of
information, if information is released.
(18) Documentation of guardianship, agent or
other legal decision maker other than resident.
(19) 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. Resident records should also
include but are not limited to the following:
(1) Medical and dental appointments.
(2) Accidents or injuries.
(3) Any problems or improvements
observed in the resident.
(4) Any change in the resident’s
condition which would indicate a need for higher level of care.
(5) Date, time, and services provided
by a visiting nurse service.
C. 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 current records for current residents unless
the same information is otherwise readily available in another document or
format.
(ii) Original
resident records or digital reproductions shall be retained for at least three
years following termination of service to the resident.
[7.8.4.39
NMAC - N, 6/3/2020]
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 boarding home, 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 ensure the resident’s understanding.
B. A written copy of the resident’s
legal rights shall be provided to the resident and to the resident’s legal
guardian or agent, if applicable, and to the most significant responsible party
in the following order:
(1) the resident;
(2) the resident's spouse
or 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 boarding home 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
boarding home 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 boarding home 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;
(9) protect the resident's right to
receive visits from their attorney, physician, psychologist, clergyman, social
worker, long term care ombudsman or representatives of the department in
private;
(10) provide residents the ability to send
and receive unopened mail;
(11) provide 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 their
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 abuse 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 their own
clothes;
(e) possess and use
their own personal items, including their own toilet articles;
(f) have access to
individual storage space for their private use;
(g) have the right to voice
grievances to the boarding home 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 boarding home, to participate in community groups and organizations, and to
leave the boarding home 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; and
(n) move from the
boarding home in accordance with the terms of the admission agreement.
[7.8.4.40
NMAC - N, 6/3/2020]
7.8.4.41 NUTRITION: Boarding homes 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 boarding home 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, and 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; and
(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.
C. Each facility shall have a policy
establishing dining times and hours that accommodate all residents’ needs.
[7.8.4.41
NMAC - N, 6/3/2020]
7.8.4.42 FOOD
SERVICE: Requirements for
boarding homes:
A. The boarding home shall have
either contracted food preparation or prepare food on site.
B. A boarding home that provides onsite
food preparation shall comply with the New Mexico environment department (NMED)
food preparation regulations.
C. The boarding
home shall have the equipment and staff necessary to receive and serve the
food.
D. The boarding
home 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 boarding
home 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.
Food handling techniques include:
(1) 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 maximum
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, 6/3/2020]
7.8.4.43 PHARMACEUTICAL
SERVICES:
A. Any boarding home 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 boarding
home.
(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 boarding home if the boarding home has a written
procedure for giving such medications reviewed and approved by a licensed
physician or advanced practice registered nurse.
(5) 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 boarding home.
(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 boarding home 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 boarding
home’s custodial drug permit issued by the state board of
pharmacy must be
displayed, if any medications are
kept by the boarding home on behalf of any residents.
[7.8.4.43
NMAC - N, 6/3/2020]
7.8.4.44 INFECTION
CONTROL:
A. The boarding home 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 boarding home shall have
policies and procedures for the handling, processing, storing and transporting
of clean and dirty laundry.
[7.8.4.44.
NMAC - N, 6/3/2020]
7.8.4.45 RESIDENT
SAFETY: The boarding
home 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 boarding home has no
medical unit on the grounds, first aid supplies shall be maintained and be
readily available in a central location in the boarding home.
(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, boarding home staff should immediately contact emergency
services. 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 or request
regarding resuscitative measures.
(2) For residents with an advance
directive or request regarding resuscitative measures, during a medical
emergency, the boarding home staff shall present the advance directive 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 their mental or physical health or
safety, or to the health and safety of others in the boarding home, the
boarding home staff must immediately contact emergency services.
D. The boarding home 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 boarding
home.
(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 their 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 boarding home 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,
a separate locked box within a refrigerator or a refrigerator in a locked room.
shall be provided by the boarding home 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 boarding home shall not
require the residents to purchase medications from any particular pharmacy.
[7.8.4.45
NMAC - N, 6/3/2020]
7.8.4.46 COMPLAINTS: The boarding home 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 boarding home’s
investigation of a complaint(s) must be initiated within three working days of
receipt of the complaint.
[7.8.4.46
NMAC - N, 6/3/2020]
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, including any incident or occurrence which has threatened, or could
have threatened the health, safety and welfare of the residents or staff;
(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 boarding home 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’s 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 boarding home 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 boarding home’s
investigation, and
(4) the boarding home action, if any.
[7.8.4.47
NMAC - N, 6/3/2020]
7.8.4.48 PHYSICAL
ENVIRONMENT AND GENERAL BUILDING PLAN REQUIREMENTS:
A. Building plans: Boarding homes licensed for four or more
residents must submit building plans.
The building plans must be of professional quality, prepared and stamped
by an architect registered 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 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, and
(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 boarding
home 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 boarding homes proposed
for licensure in existing buildings must comply with all building requirements
as if they 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 boarding home’s building plans and local
building officials have issued a construction permit, construction may begin.
D. 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.
E. 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.
F. 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, 6/3/2020]
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
boarding home and must meet all requirements of these regulations. Where a part of the boarding home services is
contained in another facility, separation and access shall be maintained as
described in current building and fire codes.
C. A boarding home applying for licensure pursuant to
these regulations may have additional requirements not contained herein. The complexity of building and fire codes and
requirements of city, county, or municipal governments may stipulate these
additional requirements. Any additional
requirements will be outlined by the appropriate building and fire authorities,
and in New Mexico Administrative Code, Title 14 Housing and Construction, chapters
5 through 12.
D. Use of manufactured homes, modular homes, mobile homes and recreational
vehicles:
(1) Use of a
manufactured home, modular home or mobile 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, mobile homes shall not be allowed.
(3) The use of recreational vehicles,
travel or camper trailers which are designed to drive or be towed behind a
vehicle is 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 boarding home 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, 6/3/2020]
7.8.4.50 MAINTENANCE
OF BUILDING AND GROUNDS: The boarding
home’s 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 boarding home must be maintained in a safe and sanitary condition at all
times.
[7.8.4.50
NMAC - N, 6/3/2020]
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 in which
fuel-fired equipment is located or in which tools, paints, solvents or
construction materials are stored, 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 (IBC), current edition as adopted by the New Mexico construction
industries division and local building codes, as applied by the authority
having jurisdiction.
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.
[7.8.4.51NMAC
- N, 6/3/2020]
7.8.4.52 EXITS:
A. Each floor of a
boarding home shall have exits as required by as required by New Mexico
building code, international building code (IBC), current edition as adopted by
the New Mexico construction industries division and local building codes, as
applied by the authority having jurisdiction.
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, if required by the authority having jurisdiction, 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, 6/3/2020]
7.8.4.53 HALLWAYS
AND CORRIDORS: For facilities
contained within existing commercial or residential buildings, corridor widths
must conform with the New Mexico building code, international building code
(IBC), current edition as adopted by the New Mexico construction industries
division, as applied by the authority having jurisdiction.
[7.8.4.53
NMAC - N, 6/3/2020]
7.8.4.54 HOUSEKEEPING:
A. The boarding
home 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, 6/3/2020]
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 boarding home.
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, 6/3/2020]
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, 6/3/2020]
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 be provided
with noncombustible metal ash urns.
[7.8.4.57
NMAC - N, 6/3/2020]
7.8.4.58 KITCHEN
AND DINING:
A. The boarding
home shall prepare food on site or have contracted food preparation. A boarding home that provides onsite food
preparation shall comply with the current standards and regulations of the New
Mexico environment department (NMED), and other local government authorities.
B. A boarding home
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 NMED or local authority;
(4) the kitchen,
prep areas, and dining area shall be kept clean, and sanitary, and
(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, 6/3/2020]
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 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 or common room shall have a minimum net glazed area (window) not less than
eight percent of the floor area of the room served. Boarding homes in existence as of the date of
adoption of this section must have at least one activity area that complies
with this requirement, but are not required to make structural changes to all
activity areas.
D. Total Area: The
combined floor space of common rooms 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, 6/3/2020]
7.8.4.60 RESIDENT
ROOMS: Resident
bedrooms must meet, at a minimum, the following requirements:
A. A boarding home shall not exceed
the resident (bed) capacity approved by the licensing authority. Any beds or bedrooms 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 area of the boarding home.
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 70 square feet or as otherwise required by the authority
having jurisdiction.
(2) Semi-private rooms may not house
more than two residents and shall provide 60 square feet per resident or as
otherwise required by the authority having jurisdiction.
(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 or as otherwise required by the
authority having jurisdiction.
E. Resident rooms shall not be less
than seven feet in any horizontal direction or as otherwise required by the
authority having jurisdiction.
F. Each resident room shall have
operable window(s) with screens. The area of the outdoor windows 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 the New Mexico building code, international building
code (IBC), current edition as adopted by the New Mexico construction
industries division and local building codes, as applied by the authority
having jurisdiction.
G. Each resident room shall be
furnished with well-constructed, comfortable furniture in good repair, unless
the resident chooses to bring their own furniture:
(1) An individual bedframe with a
clean, fire-retardant mattress and pillow, with firm support.
(2) Cots and bunk beds are not
allowed. The
bed must be at a minimum a standard size “twin” or larger bed.
(3) In addition to the bed, each
resident shall be furnished with a chair, a night stand, and light(s) 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;
pillowcases; 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, 6/3/2020]
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 New Mexico commercial building code, international building code
(IBC), current edition as adopted by the New Mexico construction industries
division and local building codes, as applied by the authority having
jurisdiction.
(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, a mechanical
blower or individual hand towel hooks or bars for each resident’s hand towel.
(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 boarding home has live-in
staff, a separate toilet, hand washing, and bathing facility 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 commercial building code, international building code (IBC), current
edition as adopted by the New Mexico construction industries division and local
building codes, as applied by the authority having jurisdiction.
(7) Toilets and bathrooms shall be
located near resident bedrooms.
(8) Individual privacy shall be
provided in all toilet, bath and shower areas.
(9) Lavatories and bathing units
shall have hot and cold water available.
Hot water shall not exceed 110 degrees.
[7.8.4.61
NMAC - N, 6/3/2020]
7.8.4.62 LAUNDRY
SERVICES:
A. General requirements: A boarding home shall provide laundry services,
either on the premises or through a laundromat or 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) Boarding home 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, 6/3/2020]
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 code,
international building code (IBC), New Mexico plumbing code, New Mexico
mechanical code current edition as adopted by the New Mexico construction
industries division and local building codes, as applied by the authority
having jurisdiction and local building codes.
A. Water: A boarding home 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 boarding home 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 waste generated by the boarding home 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, 6/3/2020]
7.8.4.64 ELECTRICAL
POWER & LIGHTING STANDARDS:
A. All electrical equipment and installation shall comply with the New Mexico
commercial building code, international building code (IBC), New Mexico
electrical code, current edition as adopted by the New Mexico construction
industries division and local building codes, as applied by the authority
having jurisdiction.
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.
F. The use of multiple
receptacle adapters (gang plugs) in electrical receptacles is strictly
prohibited.
[7.8.4.64 NMAC - N, 6/3/2020]
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 of the New Mexico
commercial building code, international building code (IBC), New Mexico
plumbing, mechanical and electrical codes, current edition as adopted by the
New Mexico construction industries division and local building codes, as
applied by the authority having jurisdiction.
(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 One hundred percent automatic cutoff
control valve in event of pilot failure.
B. A boarding home 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. All building code
requirements must be met regarding emergency egress for an outside window or
door. A window unit air conditioner or
fan shall not be installed in the required emergency egress window.
D. Fireplaces and wood
burning stoves must be properly vented, have exterior combustion air, and be
securely screened or have tempered glass doors.
Fireplaces or wood burning stoves are not allowed in resident rooms.
[7.8.4.65 NMAC - N, 6/3/2020]
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 boarding home must request from the state fire marshal, or local
fire authority having jurisdiction, an annual fire inspection. Records of inspection shall be kept on file
in the boarding home.
(1) Copies
of the fire inspection records must be kept on file at the boarding home 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 boarding home, the boarding home 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 boarding home.
B. Staff fire and safety
training: All staff of the boarding home
must know the location of, and be instructed in proper use of fire
extinguishers, fire safety systems, and other procedures to be observed in case
of fire or other emergencies.
(1) Boarding
home 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
boarding home should request the fire authority having jurisdiction to give
periodic instruction in fire prevention and techniques of evacuation.
C. Evacuation plan: Each
boarding home 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 boarding home 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 boarding home. 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;
(4) the
evacuation time in total minutes, and
(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 state fire
marshal, or local fire authority having jurisdiction.
(1) Facilities
shall have an automatic fire alarm system, if required by the authority having
jurisdiction. The fire alarm system(s)
shall be inspected and approved in writing by the fire authority with
jurisdiction.
(2) Approved
smoke detectors that when activated provides an alarm which is audible in all
sleeping areas shall be installed on each floor. Areas of assembly, such as the dining, living
or activity room(s) must also be provided with smoke detectors.
(3) Approved carbon monoxide detectors that when activated provides an alarm
which is audible in all sleeping areas shall be installed on each floor.
F. Fire extinguishers: Fire
extinguisher(s) shall be installed in the boarding home, 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 boarding home.
(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 New Mexico
commercial building code, international building code (IBC), current edition as
adopted by the New Mexico construction industries division and local building
codes as applied by the state fire
marshal, or local fire authority having jurisdiction.
(1) Exception: Boarding homes designated as “R-3” in the New
Mexico commercial 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 (as referenced in section 310.5
Residential Group R-3).
(2) Exception: Boarding homes designated as “R-3” in the New
Mexico commercial building code, 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 (as referenced in section 310.5 Residential Group R-3).
[7.8.4.66
NMAC - N, 6/3/2020]
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, 6/3/2020]
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
5/26/1972.
HSSD
76-6, Adult residential shelter care homes, regulations and standards, filed
9/24/1976.
HED
80-2A (HSD), Regulations for community residential facilities for
developmentally disabled individuals, filed 9/26/1980.
HED
86-3 (HSD), Regulations governing residential shelter care and boarding home
facilities for adults, filed 7/11/1986.
HED
90-1 (PHD), Regulations governing residential shelter care and boarding home
facilities for adults, filed 1/11/1990.
HISTORY of 7.8.2 NMAC: [RESERVED]
HISTORY OF REPEALED MATERIAL:
OTHER HISTORY: