New Mexico
Register / Volume XXXVII, Issue 16 / August 25, 2026
This is an amendment to 8.370.16 NMAC, Sections 1, 7,
35 and 51, effective 9/1/2026.
8.370.16.1 ISSUING AGENCY: New Mexico health care authority (HCA).
[8.370.16.1 NMAC - N, 7/1/2024;
A, 9/1/2026]
8.370.16.7 DEFINITIONS: For purposes
of these regulations the following shall apply:
A. Definitions beginning with “A”:
(1) “Abuse”
means any act or failure to act performed intentionally, knowingly, or
recklessly that causes or is likely to cause harm to a resident, including but
not limited to:
(a) Physical contact
that harms or is likely to harm a resident of a care facility.
(b) Inappropriate use
of physical restraint, isolation, or medication that harms or is likely to harm
a resident.
(c) Inappropriate use
of a physical or chemical restraint, medication or isolation as punishment or
in conflict with a physician’s order.
(d) Medically
inappropriate conduct that causes or is likely to cause physical harm to a
resident.
(e) Medically
inappropriate conduct that causes or is likely to cause great psychological
harm to a resident.
(f) An unlawful act,
a threat or menacing conduct directed toward a resident that results and might
reasonably be expected to result in fear or emotional or mental distress to a
resident.
(2) “Ambulatory” means able to walk without assistance.
(3) “Applicant” means the individual who, or organization which,
applies for a license. If the applicant
is an organization, then the individual signing the application on behalf of
the organization, must have authority from the organization. The applicant must be the owner.
B. Definitions beginning with “B”: [RESERVED]
C. Definitions beginning with “C”: [RESERVED]
D. Definitions beginning with “D”:
(1) “Developmental disability” means [mental retardation] intellectual
disability or a related condition, such as cerebral palsy, epilepsy or
autism, but excluding mental illness and infirmities of aging, which is:
(a) manifested before
the individual reaches age 22;
(b) likely to
continue indefinitely; and
(c) results in
substantial functional limitations in three or more of the following areas of
major life activity:
(i) self-care;
(ii) understanding
and use of language;
(iii) learning;
(iv) mobility;
(v) self-direction;
(vi) capacity
for independent living; and
(vii) economic
self-sufficiency.
(2) “Dietitian” means a person who is eligible for registration as a
dietitian by the commission on dietetic registration of the American dietetic
association under its requirements in effect on January 17, 1982.
(4) “Direct supervision” means supervision of an assistant by a supervisor who
is present in the same building as the assistant while the assistant is
performing the supervised function.
E. Definitions beginning with “E”: “Exploitation”
of a patient/client/resident consists
of the act or process, performed intentionally, knowingly, or recklessly, of
using a patient/client's property, including any form of property, for another persons profit, advantage or benefit.
(1) Exploitation
includes but is not limited to:
(a) manipulating
the patient/client resident by whatever mechanism to give money or property to
any facility staff or management member;
(b) misappropriation
or misuse of monies belonging to a resident or the unauthorized sale, or
transfer or use of a patient/client/residents property;
(c) loans
of any kind from a patient/client/resident to family, operator or families of
staff or operator;
(d) accepting
monetary or other gifts from a patient /client/resident or their family with a
value in excess of $25 and not to exceed a total value of $300 in one year.
(e) All gifts
received by facility operators, their families or staff of the facility must be
documented and acknowledged by person giving the gift and the recipient.
(2) Exception: Testamentary gifts, such as wills, are not,
per se, considered financial exploitation.
F. Definitions beginning with “F”:
(1) “Facility” means a nursing home subject to the requirements of
these regulations.
(2) “Full-time” means at least an average of 37.5 hours each week
devoted to facility business.
G. Definitions beginning with “G”: [RESERVED]
H. Definitions
beginning with “H”: [RESERVED]
I. Definitions
beginning with “I”:
(1) “Intermediate care facility” means a nursing home, which is licensed by the authority
as an intermediate care facility to provide intermediate nursing care.
(2) “Intermediate nursing care” means a basic care consisting of physical, emotional,
social and other rehabilitative services under periodic medical supervision. This nursing care requires the skill of a
licensed nurse for observation and recording of reactions and symptoms, and for
supervision of nursing care. Most of the
residents have long-term illnesses or disabilities which may have reached a
relatively stable plateau. Other
residents whose conditions are stabilized may need medical and nursing services
to maintain stability. Essential
supportive consultant services are provided in accordance with these
regulations.
J. Definitions beginning with “J”: [RESERVED]
K. Definitions
beginning with “K”: [RESERVED]
L. Definitions
beginning with “L”:
(1) “Licensed
practical nurse” means a person
licensed as a licensed practical nurse under Section 61-3-1 through Section
61-3-30 NMSA 1978, Nursing Practice Act.
(2) “Licensee” means the person(s) who, or organization which, has
an ownership, leasehold, or similar interest in the long term care facility and
in whose name a license has been issued and who is legally responsible for
compliance with these regulations.
M. Definitions beginning with “M”: “Mobile
non-ambulatory” means unable to walk
without assistance, but able to move from place to place with the use of a
device such as a walker, crutches, a wheelchair or a wheeled platform.
N. Definitions beginning with “N”:
(1) “Non-ambulatory” means unable to walk without assistance.
(2) “Non-mobile” means unable to move from place to place.
(3) “Nurse” means registered nurse or licensed practical nurse.
(4) “Nurse practitioner (certified)” means a registered professional nurse who meets the
requirements for licensure as established under Sections 61-3-1 through 61-3-30
NMSA 1978, Nursing Practice Act.
O. Definitions beginning with “O”: [RESERVED]
P. Definitions
beginning with “P”:
(1) “Personal care” means personal assistance, supervision and a suitable
activities program. In addition:
(a) the services
provided are chiefly characterized by the fact that they can be provided by
personnel other than those trained in medical or allied fields. The services are directed toward personal
assistance, supervision, and protection;
(b) the medical
service emphasizes a preventive approach of periodic medical supervision by the
resident's physician as part of a formal medical program that will provide
required consultation services and also cover emergencies; and
(c) the dietary needs
of residents are met by the provision of adequate general diet or by
therapeutic, medically prescribed diets.
(2) “Pharmacist” means a person registered as a pharmacist under
Section 61-11-1 NMSA 1978, the Pharmacy Act.
(3) “Physical therapist” means a person licensed to practice physical therapy
under Sections 61-12D-1 to Section 61-12D-19 NMSA 1978, the Physical Therapy
Act.
(4) “Physician” means a person licensed to practice medicine or
osteopathy as defined by Section 61-6-1 NMSA 1978, the Medical Practice Act,
and Sections 61-10-1 through 61-10-21 NMSA 1978, the Osteopathic Medicine Act.
(5) “Physician's extender” means a person who is a physician's assistant or a
nurse practitioner acting under the general supervision and direction of a
physician.
(6) “Physician's assistant” means a person licensed under Section 61-6-7 through
61-6-10 NMSA 1978, the Physician Assistant Act, to perform as a physician's
assistant.
(7) “Practitioner” means a physician, dentist or podiatrist or other
person permitted by New Mexico law to distribute, dispense and administer a
controlled substance in the course of professional practice.
Q. Definitions beginning with “Q”: [RESERVED]
R. Definitions
beginning with “R”:
(1) “Registered
nurse” means a person who holds a
certificate of registration as a registered nurse under Section 61-3-1 to
61-3-30 NMSA 1978, the Nursing Practice Act.
(2) “Resident” means a person cared for or treated in any facility
on a 24-hour basis irrespective of how the person has been admitted to the
facility.
S. Definitions beginning with “S”:
(1) “Skilled nursing facility” means a nursing home which is licensed by the authority
to provide skilled nursing services.
(2) “Skilled nursing care” means those services furnished pursuant to a
physician's orders which:
(a) require the
skills of professional personnel such as registered or licensed practical
nurses; and
(b) are provided
either directly by or under the supervision of these personnel;
(c) in determining
whether a service is skilled nursing care, the following criteria shall be
used:
(i) the service would constitute a
skilled service where the inherent complexity of a service prescribed for a
resident is such that it can be safely and effectively performed only by or
under the supervision of professional personnel;
(ii) the
restoration potential of a resident is not the deciding factor in determining
whether a service is to be considered skilled or unskilled. Even where full recovery or medical
improvement is not possible, skilled care may be needed to prevent, to the
extent possible, deterioration of the condition or to sustain current
capacities; and
(iii) a
service that is generally unskilled would be considered skilled where, because
of special medical complications, its performance or supervision or the
observation of the resident necessitates the use of skilled nursing personnel.
(3) “Specialized consultation” means the provision of professional or technical
advice, such as systems analysis, crisis resolution or in-service training, to
assist the facility in maximizing service outcomes.
(4) “Supervision” means at least intermittent face-to-face contact
between supervisor and assistant, with the supervisor instructing and
overseeing the assistant, but does not require the continuous presence of the
supervisor in the same building as the assistant.
T. Definitions beginning with “T”: “Tour of duty” means a portion of the day during which a shift of
resident care personnel are on duty.
U. Definitions beginning with “U”: “Unit dose drug delivery system” means a system for the distribution of medications in
which single doses of medications are individually packaged and sealed for
distribution to residents.
V. Definitions beginning with “V”: “Variance” means an act on the part of the licensing authority
to refrain from pressing or enforcing compliance with a portion or portions of
these regulations for an unspecified period of time where the granting of a
variance will not create a danger to the health, safety, or welfare of
residents or staff of a long term care facility, and is at the sole discretion
of the licensing authority.
W. Definitions beginning with “W”: “Waive/waivers” means to refrain from pressing or enforcing
compliance with a portion or portions of these regulations for a limited period
of time provided the health, safety, or welfare of residents and staff are not
in danger. Waivers are issued at the
sole discretion of the licensing.
X. Definitions
beginning with “X”: [RESERVED]
Y. Definitions
beginning with “Y”: [RESERVED]
Z. Definitions
beginning with “Z”: [RESERVED]
[8.370.16.7 NMAC - N, 7/1/2024;
A, 9/1/2026]
8.370.16.35 OTHER LIMITATIONS ON ADMISSION:
A. Persons requiring unavailable services:
Persons who require services which the facility does not provide or make
available shall not be admitted or retained.
B. Communicable diseases:
(1) Restriction: No person suspected of having a disease in a
communicable state shall be admitted or retained unless the facility has the
means to manage the condition.
(2) Isolation techniques: Persons suspected of having a disease in a
communicable state shall be managed according to isolation techniques for use
in hospitals, published by the U.S. department of health and human services,
public health services, center for disease control, or with comparable methods
as developed by facility policies.
(3) Reportable diseases: Suspected diseases reportable by law shall be
reported to the local public health agency and the division of health, bureau
of community health and prevention within time frames specified by these
agencies.
C. Destructive residents: Residents
who are known to be destructive of property, self-destructive, disturbing or
abusive to other residents, or suicide, shall not be admitted or retained,
unless the facility has and uses sufficient resources to appropriately manage
and care for them.
D. Developmental disabilities: No
person who has a primary diagnosis of developmental disability may be admitted
to a facility unless the facility is certified as in intermediate care facility
for [the mentally retarded] individuals with intellectual
disabilities, except that a person who has a developmental disability and
who requires skilled nursing care services may be admitted to a skilled nursing
facility if approved for such level of care by the state developmental
disability authority.
E. Mental illness: No person with a
primary diagnosis of mental illness may be admitted to long term care
facilities except that a person who has a diagnosis of mental illness and who
requires skilled nursing care services may be admitted to a long term care
facility if approved for such level of care by-the state mental illness
authority.
F. Admission seven days a week: With
prior approval, facilities shall take reasonable steps to admit residents seven
days a week.
[8.370.16.35 NMAC - N, 7/1/2024;
A, 9/1/2026]
8.370.16.51 NURSING STAFF: In addition to
the requirements of 8.370.16.50 NMAC, the following conditions shall be met:
A. Assignments: There shall be
sufficient nursing service personnel assigned to care for the specific needs of
each resident on each tour of duty. Those
personnel shall be briefed on the condition and appropriate care of each
resident prior to beginning hands-on care of residents.
B. Relief personnel: Facilities
shall obtain qualified relief personnel.
C. Records, weekly schedules: Weekly
time schedules shall be planned at least one week in advance, shall be posted
and dated, shall indicate the names and classifications of nursing personnel
and relief personnel assigned on each nursing unit for each tour of duty, and
shall be updated as changes occur.
D. Staff meetings: Meetings shall
be held at least quarterly for the nursing personnel to brief them on new
developments, raise issues relevant to the service, and for such other purposes
as are pertinent.
E. [Twenty-four (24)] 24 hour coverage: All facilities shall have at least one
nursing staff person on duty at all times.
F. Staffing patterns: The
assignment of the nursing personnel required by this subsection to each tour of
duty shall be sufficient to meet each resident’s needs and implement each
resident’s comprehensive care plan.
(1) Nursing department personnel means,
the director of nursing, the assistant director of nursing, nursing department
directors, licensed nursing personnel, certified nursing assistants, nursing
assistants who have completed 16 hours or more of orientation and demonstrated
competency and restorative nursing assistants.
(2) The director of nursing, the assistant
director of nursing, and nursing department directors may be counted towards
the minimum staffing requirements only for the time spent on the shift
providing direct resident care services.
(a) A skilled nursing
facility or facility that offers intermediate and skilled nursing shall
maintain a nursing department minimum staffing level of two and a half hours
per patient day calculated on a seven day average.
(b) An intermediate
care facility shall maintain a nursing department minimum staffing level of two
and three-tenths (2.3) hours per patient day calculated on a seven day average.
(c) Within one hour
of shift change, facilities shall post the number of nursing personnel on duty
in a conspicuous and consistent location for public review. Shifts are informally defined as the day
shift, evening shift, and night shift. Employees
working variations of these shifts shall be included within the shift count
where a majority of the hours fall. Example: For a facility with 100 patients, two and
three-tenths (2.3) hours per patient day averages one nursing department
employee on duty for approximately every 10 to 11 patients. For a facility with 100 patients, two and
five tenths (2.5) hours per patient day averages one nursing department
employee for every nine to 10 patients. These
are daily averages that will vary from shift to shift so that actual staffing
might approximate:
2.3 Hours per patient day 2.5 Hours per
patient day
Day Shift One staff for eight patients One staff for seven
patients
Evening Shift One staff for 10 patients One staff for 10 patients
Night Shift One staff for 13 patients One staff for 12 patients
[8.370.16.51 NMAC - N, 7/1/2024;
A, 9/1/2026]