New Mexico Register / Volume XXXVII, Issue 12 / June
23, 2026
TITLE 8 SOCIAL SERVICES
CHAPTER 369 OVERSIGHT
OF RESIDENTIAL SHELTER AND MENTAL HEALTH SERVICES AND FACILITIES FOR CHILDREN
PART 4 LICENSING
REQUIREMENTS FOR CHILD AND ADOLESCENT MENTAL HEALTH FACILITIES
8.369.4.1 ISSUING AGENCY: New Mexico health care authority.
[8.369.4.1 NMAC -
N/E, 7/1/2026]
8.369.4.2 SCOPE: All residential treatment services that
provide children and adolescent mental health services as specified in these
regulations.
A. These regulations apply to the following:
(1) public or private, profit or nonprofit
residential facilities providing services as outlined by these regulations;
(2) any facility providing services as
outlined by these regulations which by state or federal law or regulation must
be licensed by New Mexico.
B. These regulations do not apply to the following:
(1) offices and treatment room of licensed
private practitioners;
(2) agencies providing treatment foster
care services which are licensed by the protective services division of the New
Mexico children, youth and families department;
(3) room and board facilities in public or
private schools accredited or supervised by the New Mexico state department of
education and inspected for fire and safety by the New Mexico state fire
marshals office;
(4) children/adolescent crisis shelters
which provide short term emergency 24-hour-a-day, living accommodations to
children, which are licensed by the child care bureau of the New Mexico children, youth and families department;
(5) any facility licensed as a community
home or a multi-service agency.
[8.369.4.2 NMAC -
N/E, 7/1/2026]
8.369.4.3 STATUTORY AUTHORITY: Sections 24-1-3 and 24-1-5 and Subsection D
of 9-2A-7 NMSA 1978.
[8.369.4.3 NMAC - N/E, 7/1/2026]
8.369.4.4 DURATION: Permanent.
[8.369.4.4 NMAC - N/E, 7/1/2026]
8.369.4.5 EFFECTIVE DATE: July 1, 2026, unless a later date is cited at
the end of a section.
[8.369.4.5 NMAC -
N/E, 7/1/2026]
8.369.4.6 OBJECTIVE:
A. Establish minimum standards for
licensing of health facilities that provide residential mental health services
in order to promote the health, safety and welfare of children and adolescents
in need of such services.
B. Provide for monitoring of facility compliance with these
regulations through surveys to identify any factors that could affect the
health, safety, and welfare of the clients or the staff.
C. Assure that the agency/ facility establishes and follows
written policies and procedures which specify how this is met.
D. To assure that adequate supervision must be provided at
all times. Failure to provide a child or
adolescent with the care, supervision and services outlined in these
regulations is a violation of these regulations which could result in
suspension, revocation or denial of licensure.
[8.369.4.6 NMAC -
N/E, 7/1/2026]
8.369.4.7 DEFINITIONS: For the purpose of these regulations the
following apply.
A. Definitions beginning with “A”:
(1) “Abuse” means any act or
failure to act, performed intentionally, knowingly or
negligently that
causes or is likely to cause harm to a client, including:
(a) physical contact that harms or is likely to harm a client
of a facility;
(b) inappropriate use of a physical restraint, isolation, or
medication that harms or is likely to harm a client;
(c) inappropriate use of 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 client;
(e) medically inappropriate conduct that causes or is likely to
cause great psychological harm to a client;
(f) an unlawful act, a threat, or menacing conduct directed
toward a client that results and might reasonably be expected to result in fear
or emotional or mental distress to a client;
(g) abuse or neglect as defined in Section 32A-4-2 NMSA 1978,
or as amended.
(2) “Action plan” means a written
document submitted by the provider(s) to the licensing and certification
authority (LCA) for approval which states those actions that the facility will
be implementing, with specific time frames and responsible parties for each, to
correct the deficiencies identified in the previous on-site visit or review of
documents.
(3) “Administrator”
means the person in charge of the day-to-day operation of a facility. The administrator, director, or operator may
be the licensee or an authorized representative of the licensee. The administrator may also be referred to as
the director or operator.
(4) “Agency
staff personnel” means current and prospective operators, staff, employees
or volunteers of the agency.
(5) “Ambulatory”
means the ability of the child to walk without assistance.
(6) “Applicant”
means the individual who, or organization which, applies for a license.
B. Definitions beginning with “B”: “Bed” means the total assembly on which a
child sleeps, including frame, springs, mattress, mattress cover/pad, sheets,
pillow, blankets and bedspread.
C. Definitions beginning with “C”:
(1) “Capacity” means the maximum
number of children who can be accommodated in rooms designated specifically for
them in a facility pursuant to these regulations.
(2) “Child/adolescent”
means a person under the chronological age of 18 years. Those persons who, while a resident or client
of a residential treatment services facility licensed pursuant to these
regulations, reach the age of 18 for the purposes of these regulations be
considered a child until they complete their course of treatment in the
facility.
(3) “Cleared staff member” means an
individual who has received a state and federal criminal background clearance
(meaning a negative criminal record check) as documented by the department
clearance letter.
(4) “Client”
means any person who receives treatment from a residential agency.
(5) “Corporal
punishment” means touching a child’s body with the intent of inducing pain
and includes, but not limited to, shaking, spanking, hitting, hair pulling, ear
pulling or forced exercise, and is considered an abusive act.
(6) “Criminal
records check” means the process of fingerprinting on state and FBI
approved cards and submission of the fingerprint cards for the purpose of
obtaining the state and federal conviction records of an individual. The use of the services of an agency
contracted by the department of public safety (DPS) who can access the DPS
database in order to obtain state criminal background checks for those
applicants who have resided in New Mexico for five years or more may be
utilized as a means of obtaining state criminal records checks prior to
employment. Federal finger printing is
still required. The use of an alternate
method to obtain state criminal background checks do not replace the federal
fingerprinting requirement.
(7) “Cruelty
(mental or physical) and indifference to the welfare of children” means a
failure to provide a child with the care, supervision, and services to which
the child is entitled. Examples of
physical and mental cruelty include physical device/chemical restraints,
striking, slapping or hitting, withholding food or bathroom privileges as
punishment, swearing at or threatening a child, and indifference to the basic
needs, including physical and psychosocial, of the child and including any
abuse as defined in Section 32-A-4-2 NMSA 1978.
D. Definitions beginning with “D”:
(1) “Deficiency”
means a violation of or failure to comply with a provision(s) of these
regulations.
(2) “Department” means the New
Mexico health care authority.
(3) “Direct
physical supervision” as it relates to criminal records checks means in the
line of vision or live video observation by cleared agency staff member of
non-cleared agency staff members who have direct contact with children.
(4) “Direct
service staff” means supervisors, therapists, child care workers,
coordinators or other employees who work directly with children in their daily
living activities in a facility.
(5) “Directed
action plan” means an action plan that the LCA writes and specifies that
the facility must enforce within a specific time frame noted because of the
serious nature of the deficiency.
(6) “Discipline”
means training that enables a child to develop self control and orderly conduct
in relationship to peers and adults.
E. Definitions beginning with “E”:
(1) “Emergency sanction” means an
immediate measure that is imposed on a facility for a violation(s) of
applicable licensing laws and regulations, other than license revocation,
suspension, denial of renewal of license or loss of certification, when a
health and safety violation warrants prompt action.
(2) “Emergency
service” means unanticipated admission to a hospital or other psychiatric
facility; or the provision of emergency services including, but not limited to,
treatment for broken bones, cuts requiring sutures, poisoning, contagious
diseases requiring quarantine, burns requiring specialized medical treatment,
medication under-dose or overdose requiring treatment; or incidents between
residents, or between residents and staff resulting in physical or
psychological harm or which could result in physical or psychological harm; or
other conditions requiring emergency medical services (EMS) specialized
treatment at an urgent care center or an emergency room.
(3) “Emergency
suspension” means an immediate and temporary canceling of a license pending
an appeal hearing and correction of deficiencies. During a period of suspension, the medicaid
provider agreement is not in effect.
(4) “Employment
history” means a written summary for the most recent three-year period of
all periods of employment with names, addresses and telephone numbers of the
employers and the individuals immediate supervisor; and all periods of
nonemployment, stating the reason for leaving employment and explanation of
periods of nonemployment, with documented verifying references.
(5) “Exploitation”
means the act or process, performed intentionally, knowingly, or
recklessly, of using a clients property for another persons profit, advantage
or benefit without legal entitlement to do so.
F. Definitions beginning with “F”: “Facility” means a building(s) in which
residential mental health services are provided to the public and which is
licensed pursuant to these regulations.
G. Definitions beginning with “G”: “Governing body” means the governing
authority of a facility which has the ultimate responsibility for all planning,
direction, control, and management of the activities and functions of a
facility licensed pursuant to these regulations.
H. Definitions beginning with “H”: RESERVED
I. Definitions beginning with “I”: “Informal resolution conference” means an informal
process between the department and facility to resolve any filed or potential
appeal arising from the imposition of a sanction(s). The informal conference is an opportunity for
the facility to present new evidence or arguments regarding the deficiencies
cited by, or corrective action proposed by the department, in order to avoid a
hearing. The informal conference does
not postpone any deadlines for an appeal unless agreed to by the parties.
J. Definitions beginning with “J”: RESERVED
K. Definitions beginning with “K”: RESERVED
L. Definitions beginning with “L”:
(1) “License” means the
document issued by the LCA pursuant to these regulations granting the legal
right to operate for a specified period of time.
(2) “Licensee”
means the person(s) who, or organization which, has ownership, leasehold, or
similar interest in the facility and in whose name a license for a facility has
been issued and who is legally responsible for compliance with these
regulations.
(3) “Licensing
and certification authority” (LCA) means the division of health improvement
of the department.
M. Definitions beginning with “M”:
(1) “Maintenance” means keeping the
building(s) in a repaired and safe condition and the grounds in a safe,
sanitary and presentable condition.
(2) “Mobile
non-ambulatory” means unable to walk without assistance but able to move
from place to place with the use of
devices such as walkers, crutches, wheelchairs, etc.
(3) “Moral
turpitude” means conduct contrary to justice, honesty, modesty or good
morals including such acts as domestic abuse, drunk driving or other similar
convictions.
N. Definitions beginning with “N”:
(1) “Neglect” means the
following, subject to the client’s right to refuse treatment and subject to the
caregivers right to exercise sound medical discretion:
(a) failure to provide any treatment, service, care,
medication or item that is necessary to maintain the health or safety of a
client; or
(b) failure to take any reasonable
precaution that is necessary to prevent damage to the health or safety of a
client; or
(c) failure to carry out a duty to supervise properly or
control the provision of any treatment, care, good service or medication
necessary to maintain the health or safety of a client; or
(d) any abuse as defined in Section 32-A-4-2 NMSA 1978.
(2) “Non-mobile”
means unable to move without assistance from place to place.
P. Definitions beginning with “P”:
(1) “Partial compliance” means that a
facility has moderate and few deficiencies and that these do not threaten the
health and safety of clients or staff, so that it is able to receive a
temporary license with the implementation of certain corrective action(s)
within a prescribed time period.
(2) “Physical
harm” means harm of a type that causes physical injury resulting in
physical trauma to a client (visible injury that requires treatment in excess
of primary first aid); loss or functional loss of a bodily member or organ or
of a major life activity for a prolonged period of time; or loss of
consciousness for any amount of time.
(3) “Policy”
means a statement of principle that guides and determines present and future
decisions and actions.
(4) “Premises”
means all parts of buildings, grounds, vehicles and equipment of a facility.
(5) “Procedure”
means the action(s) that will be taken to implement a policy.
(6) “Programmatic
services” means services provided to children to meet special needs above
and beyond living accommodations, meals, care, and routine supervision.
(7) “Psychological
harm” means harm that causes mental or emotional trauma or that causes
behavioral change or physical symptoms that require psychological or
psychiatric care.
(8) “Punishment”
means a penalty imposed on a child for wrongdoing.
Q. Definitions beginning with “Q”: RESERVED
R. Definitions beginning with “R”:
(1) “Residential treatment facility” means a facility
that provides 24-hour therapeutic care to children and adolescents and is
licensed for no more than 16 children/adolescents. This includes residential treatment centers,
group homes, residential substance abuse facilities and other similar
facilities.
(2) “Residential
treatment” means 24-hour structured therapeutic group living for children
and adolescents with severe behavioral, neurobiological, or emotional problems
when documented history and clinical opinion establish that the needs of the
child cannot be met in a less restrictive environment. Children admitted to residential treatment
services are either in need of either active psychotherapeutic intervention or
require a 24-hour therapeutic group living setting to meet their developmental,
social and emotional needs.
(3) “Reduction
in licensed capacity” means the reduction of licensed capacity of a
residential facility until deficiencies noted by the LCA are corrected.
(4) “Restraint” means a mechanical
device used to involuntarily physically restrict a client’s freedom of
movement, performance of physical activity, or normal access to their
body. It is limited to those situations
with adequate, appropriate clinical justification and requires policies and
procedures with clear criteria. Exception:
This standard does not apply to
therapeutic holding or comforting of children or to a timeout when the
individual to whom it is applied is physically prevented from leaving a room
for 15 minutes or less and when its use is consistent with behavior-management
protocol.
(5) “Restricted
admissions or provision of services” means the restriction of an agency
from providing designated services or from accepting any new clients until
specified deficiencies noted by the LCA are corrected.
(6) “Revocation”
means the act of making a license null and void through its cancellation.
S. Definitions beginning with “S”:
(1) “Seclusion” means the
involuntary confinement of a client alone in a room where the individual is
physically prevented from leaving, and is limited to those situations with
adequate, appropriate clinical justification, requiring policies and procedures
with clear criteria.
(2) “Seclusion
room” means a room designed and utilized to isolate and contain a child who
poses an imminent threat of physical harm to self or others or serious
disruption to the environment.
(3) “Self-administration of
medications” means assistance and supervision of the child in the
self-administration of a drug, provided that the medication is in the original
container, with a proper label and directions.
A staff member may hold the container for the child, assist with opening
of the container, and assist the child in self-administering the medication.
(4) “Serious
incident” means an environmental hazard, arrest or detention, or situation
that requires emergency services.
Environmental hazards include unsafe conditions which create an
immediate threat to life or safety, including, but not limited, to fire or
contagious diseases requiring quarantine.
(5) “Staff
member” means any person other than the owner, operator or director of a
facility who has contact with children in care and includes volunteers,
full-time and part-time employees.
(6) “Stay
of sanction” means the department’s receipt of the facility’s notice of
appeal will operate as a stay of suspension, revocation, or sanction. In case of an emergency suspension or
emergency sanction neither the immediate five-day hearing nor the facility’s
request for a later hearing will stay the department’s action.
(7) “Substantial
compliance” means that a facility is found to be without deficiencies, or
with minor and few non-health and safety deficiencies, and is able to receive
annual licensure.
(8) “Substantiated
complaint” means a complaint determined to be factual, based on an
investigation of events.
(9) “Supervision”
means the monitoring of the children’s whereabouts and activities by the
facility staff in order to ensure health, safety, and welfare.
(10) “Survey”
means an entry, by the LCA, into a facility licensed, or required to be
licensed, pursuant to these regulations, for examination of the premises and
records, and interviewing of staff and children.
(11) “Suspension”
means a temporary cancellation of a license pending an appeal hearing and correction
of deficiencies. During a period of
suspension, the medicaid provider agreement is not in effect.
T. Definitions beginning with “T”: “Treatment plan” means a plan, based on
data gathered during the assessment, that identifies the treatment needs of the
client being served, lists the strategies to meet those needs, documents
measurable treatment goals and objectives, outlines the criteria and time frame
for terminating specified interventions, and, when reviewed, documents the
clients progress in meeting the specified goals and objectives.
U. Definitions beginning with “U”:
(1) “U/L approved” means approved
for safety by the national underwriters laboratory.
(2) “Unsubstantiated
complaint” means a complaint not determined to be factual based on an
investigation of events.
V. Definitions beginning with “V”: “Variance” means an act taken, at the
sole discretion of the LCA, to refrain from pressing or enforcing compliance
with a portion(s) of these regulations for an unspecified period of time for
facilities which were in existence at the time these regulations were promulgated,
new facilities in existing construction, or for new services when the granting
of a variance will not create a danger to the health and welfare of children
and staff of a facility.
W. Definitions beginning with “W”: “Waive/waiver” means to refrain from
pressing or enforcing compliance with a portion(s) of these regulations for a
limited period of time provided the health, safety, or welfare of the clients
and staff are not in danger. Waivers are
issued at the sole discretion of the licensing authority.
[8.369.4.7 NMAC -
N/E, 7/1/2026]
8.369.4.8 RELATED REGULATIONS, LAWS AND
CODES: These regulations supplement the following
regulations, laws, codes and any future amendments to such regulations or
superseding regulations.
A. New Mexico department of health regulation 7.4.3 NMAC, control
of disease and conditions of public health significance.
B. New Mexico department of health
regulation 7.1.3 NMAC, health records.
C. New Mexico department of health regulation 7.26.6 NMAC, requirements
for developmental disabilities community programs.
D. New Mexico department of health regulation 7.20.2 NMAC, comprehensive
behavioral health standards.
E. New Mexico health care authority
regulation 8.370.3 NMAC, health facility licensure fees and procedures.
F. New Mexico health care authority regulation 8.370.2 NMAC,
adjudicatory hearings.
G. New Mexico children, youth and families regulation 8.8.3
NMAC, governing background records checks and employment history verification.
H. Environmental improvement board regulation 7.6.2 NMAC,
food service and food processing.
I. New Mexico drug laws and board of pharmacy regulations,
16.19.1 NMAC through 16.19.29 NMAC.
J. The latest edition adopted by the New Mexico state fire
board of the National Fire Protection Association Life Safety Code Handbook
101, June 9, 1997.
K. The latest edition of the building code adopted by the New
Mexico construction industries division of the Uniform Building Code enacted by
the international conference of building officials.
L. New Mexico department of health regulation 7.5.2 NMAC, immunization
requirement.
M. New Mexico children, youth and families regulation 7.20.11
NMAC, certification requirements for child and adolescent mental health
services.
N. New Mexico health care authority regulation 8.370.4 NMAC, health
facility sanctions and civil monetary penalties.
O. New Mexico Childrens Code Sections 32A-1-1
et. seq. NMSA 1978 (2004).
[8.369.4.8 NMAC -
N/E, 7/1/2026]
8.369.4.9 STANDARD OF COMPLIANCE:
A. The degree of compliance required throughout these
regulations is designated by the use of the words “must” or “may”. “Must” means mandatory. “May” means permissive.
B. The use of 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 residential or
day-treatment services to the public in facilities governed by these
regulations.
[8.369.4.9 NMAC - N/E, 7/1/2026]
8.369.4.10 [RESERVED]
[8.369.4.10 NMAC - N/E, 7/1/2026]
8.369.4.11 INITIAL LICENSURE PROCEDURES: To apply for a license for a facility
pursuant to these regulations the following procedures must be followed by the
applicant.
A. These regulations must be used as a reference for design
of a new building, renovation or addition to an existing building. The applicant of the proposed facility must
advise the LCA of its intent to open a facility pursuant to these regulations.
B. Floor and site plans: All applications for initial licensure must be
accompanied by a set of floor plans for the facility.
(1) Floor and site plans are of
professional quality, on substantial paper of at least 18 inches by 24 inches,
and are drawn to an accurate scale of one-quarter inch to one foot.
(2) Floor plans include:
(a) proposed use of each room, e.g.,
staff’s bedroom, staff’s toilet, children’s bedrooms (include number of
children intended to sleep in each room), living room, kitchen, laundry, etc.;
(b) interior dimensions of all rooms;
(c) one building or wall section showing
exterior and interior wall construction; section includes floor, wall, ceiling,
and the finishes, e.g., carpet, tile, gypsum board with paint, wood paneling;
(d) door types, swing, and sizes of all
doors, e.g., solid core, hollow core, three inches by six feet eight inches by
one and three quarters inches thick;
(e) air conditioning, if applicable;
(f) all sinks, tubs, showers and toilets;
(g) windows including size, type, sill
height, and openable area;
(h) any level changes within the building,
e.g., sunken living room, ramps, steps;
(i) a site/plot plan must be provided to
indicate surrounding conditions including all steps, ramps, parking, walks and
any permanent structures;
(j) indicate if the building is new
construction, remodeled or alteration addition; if remodeled or an addition,
the plans indicate existing and new construction plans.
C. Floor and site plans are reviewed by the LCA for
compliance with current building and fire codes, and comments will be sent to
the applicant specifying any needed changes or requests for any additional
information.
D. Licensing phase: Prior
to completion of construction, renovation or addition to an existing building
the applicant must submit to the LCA the following.
(1) The application form, which is
obtained from LCA, completed by typing or printing all the information
requested, and dated, signed and notarized by the applicant.
(2) Fees: All applications for licensure are accompanied
by the required fee.
(a) Current fee schedules are available
from the LCA.
(b) Fee payments must be in the form of a
certified check, money order, personal, or business check is made payable to
the state.
(c) Fee payments are non-refundable.
(3) Zoning and building approval:
(a) The agency provides an initial
application accompanied with the written approval from the appropriate
authority, such as city, county, or municipality.
(b) The agency provides an initial
application accompanied with original written building approval (certificate of
occupancy), from the appropriate authority, city, county, or municipality.
(4) Fire authority approval: All initial applications are accompanied with
written approval from the fire authority having jurisdiction.
(5) New Mexico environment department
approval:
(a) For private water supply, if
applicable.
(b) For private waste or sewage disposal,
if applicable.
(6) Copy of appropriate drug permit: Issued by the state board of pharmacy, if
applicable.
E. Initial survey: Upon
receipt of a properly completed application including all supporting
documentation as outlined above, an initial survey of the proposed facility
must be scheduled by the LCA.
F. Issuance of license: Upon completion of the initial survey and
determination that the facility is in substantial or partial compliance with
these regulations, the LCA may issue a license.
[8.369.4.11 NMAC -
N/E, 7/1/2026]
8.369.4.12 LICENSES:
A. Annual license: The
LCA may, at its sole discretion, issue a license for up to one year to a
facility which is determined to be in substantial compliance with these
regulations.
B. Temporary license: The
LCA may, at its sole discretion, issue a temporary license prior to the initial
on-site survey, or if upon an on-site survey if it determines the facility to
be in partial compliance with these regulations.
(1) A temporary license may cover,
depending upon the severity/chronicity of the deficiencies and at the
discretion of the LCA, any period of time, not to exceed 180 calendar days,
during which time the facility must correct all specified deficiencies. In order to be issued a temporary license,
deficiencies may not be violations of health and safety standards.
(a) The facility must submit an action
plan within the time frame the LCA determines.
The LCA approves the action plan.
The facility is then either inspected on-site again, or is required to
submit proof of correction through submission of appropriate and relevant
documentation within the time frame the LCA specifies.
(b) If the facility does not meet
licensing requirements at the end of the temporary licensure period, a sanction
is imposed along with a second temporary license or the temporary license
expires. Only two consecutive temporary
licenses are granted.
(2) When a temporary license is issued,
the previous license and its expiration date become null and void, and the
temporary license effective dates are in effect.
C. Amended license: A
licensee applies to the LCA for an amended license when there is a change of a
licensee; a change of the facility name; or change of capacity.
(1) A request for an amended license is
submitted in writing to the LCA.
(2) The request is accompanied by the
required fee for the amended license.
(3) The request is submitted within 10
business days of the changes listed in Subsection C of 8.369.4.12 NMAC.
(4) Upon receipt of the completed
application and fee, an on-site survey is performed by the LCA prior to the
issuance of the amended license.
[8.369.4.12 NMAC - N/E, 7/1/2026]
8.369.4.13 LICENSE RENEWAL:
A. The licensee submits a renewal
application on the forms obtained from the LCA, along with the required fee,
within 60 days prior to the expiration of the current license.
B. Upon receipt of the renewal application and required fee,
and prior to the expiration of the current license, the LCA conducts an on-site
survey and issues a new license effective the day following the date of
expiration of the current license if the facility is in substantial compliance
with these regulations.
C. Subsection A of Section 24-l-5 NMSA 1978, or as amended,
provides that no health facility is operated without a license. If a licensee fails to submit a renewal
application with the required fee and the current license lapses, the facility
ceases operations until it obtains a new license through the initial licensure
procedures.
D. If the licensee submits the required renewal application
and the LCA does not survey a facility by the expiration date of the current
license, the current license continues in effect until the LCA conducts a
renewal survey and issues a new license.
[8.369.4.13 NMAC -
N/E, 7/1/2026]
8.369.4.14 POSTING OF LICENSE: The facility's license is posted on the
licensed premises in an area visible to the public.
[8.369.4.14 NMAC -
N/E, 7/1/2026]
8.369.4.15 NON-TRANSFERABLE RESTRICTIONS ON A
LICENSE: A license is nontransferable otherwise to
other persons or locations.
A. The license is null and void and is returned to the LCA
when any one of the following situations occur:
(1) ownership of the facility changes;
(2) the facility changes location;
(3) the licensee of the facility changes;
(4) the facility discontinues or suspends
operations.
B. A facility wishing to continue operation as a licensed
facility under the above-mentioned circumstances submits an application for an
amended licensure in accordance with these regulations at least 30 calendar
days prior to the anticipated change.
[8.369.4.15 NMAC -
N/E, 7/1/2026]
8.369.4.16 AUTOMATIC EXPIRATIONS OF A LICENSE:
A. a license automatically expires at midnight on the day
indicated on the license as the expiration date, unless renewed, suspended, or
revoked; or
B. the day a facility discontinues or suspends operation; or
C. the day a facility is sold, leased, or otherwise changes
ownership or licensee; or
D. the day a facility changes location.
[8.369.4.16 NMAC -
N/E, 7/1/2026]
8.369.4.17 SUSPENSION OR REVOCATION OF A
LICENSE OR IMPOSITION OF EMERGENCY SANCTIONS 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 LCA may immediately suspend or revoke a license or impose emergency
sanctions pending a hearing, provided such hearing is held within five working
days of such action, unless waived by the licensee.
[8.369.4.17 NMAC -
N/E, 7/1/2026]
8.369.4.18 GROUNDS FOR REVOCATION, SUSPENSION
OF LICENSE, DENIAL OF INITIAL OR RENEWAL APPLICATION FOR LICENSE, OR IMPOSITION
OF SANCTIONS: A license may be revoked or suspended; an
initial or renewal application for license may be denied; or sanctions may be
imposed after notice and opportunity for a hearing, for any of the following:
A. failure to comply with any provision(s) of these
regulations;
B. failure to allow surveys by authorized representatives of
the LCA;
C. employment of any person convicted of a felony or
misdemeanor including a misdemeanor involving moral turpitude or presence at a
facility of a staff member under the influence of alcohol or mood-altering
drugs; if after employment, a staff
member is charged or convicted of a felony or misdemeanor involving moral
turpitude and it is known to the agency, it is immediately reported to the LCA;
D. purposeful or intentional misrepresentation(s) or
falsification(s) of any information on application forms or other documents
provided to the LCA;
E. discovery of repeat violations of these regulations or
failure to correct deficiencies of survey findings in current or past
contiguous or noncontiguous licensure periods;
F. presence of or a history of licensure revocation,
suspension, denial, sanction or penalty or other similar disciplinary actions
taken by regulatory bodies in other states regardless of whether any of these
actions resulted in a settlement in lieu of a sanction;
G. failure to provide the required care and services as
outlined by these regulations for the clients receiving care at the facility;
H. exceeding licensed capacity, except in an emergency.
[8.369.4.18 NMAC -
N/E, 7/1/2026]
8.369.4.19 HEARINGS AND APPEALS:
A. Appeals of any sanction except revocation or suspension of
a license or imposition of emergency sanction(s) without prior hearing as
outlined in Section 17 above, are made in writing to the LCA within 10 business
days of receipt of the official notice of revocation, suspension, denial of
licensure or sanction.
B. When an appeal is filed the sanction is stayed until a
hearing is held and final determination issued or an informal resolution
reached, unless it is an emergency revocation or suspension of license or
imposition of emergency sanctions. A
hearing will be held within 30 calender days.
C. The entity filing the appeal may also request an informal
resolution conference at that time. The
purpose of the informal resolution conference is to allow the entity receiving
the sanction an opportunity to present information on plans to remedy
deficiencies and discuss possible pre-hearing dispositions. This does not apply to the emergency
revocation or suspension of a license or to the imposition of emergency
sanctions.
D. The LCA and the licensee may informally resolve any filed
or potential appeal arising from the imposition of sanctions. However, in the case of an emergency
revocation or suspension of licensure or the imposition of an emergency
sanction, there is no stay available.
[8.369.4.19 NMAC -
N/E, 7/1/2026]
8.369.4.20 SANCTIONS:
A. Action plan: The
LCA directs a facility to correct deficiencies within the time frame specified
by the LCA through the submission of an action plan. At the discretion of the LCA, the action plan
can be written by the facility and approved by the LCA or it may be a directed
action plan that the LCA writes and is enforced by the facility within the time
frame specified by the LCA. The facility
produces proof of correction through submission of appropriate and relevant
documentation. The LCA may conduct an
on-site visit to review the facility, with emphasis on the previously noted
deficiencies. If another on-site visit
reveals other deficiencies, the LCA may amend either the action plan or the
directed action plan to require compliance with any other deficiencies noted.
B. Restricted admissions or provision of services: The LCA restricts the facility from accepting
any new clients or expanding into additional services until such time the
identified deficiencies are corrected.
C. Maintenance or reduction of capacity: The LCA directs the facility to maintain or
reduce the capacity of the facility until deficiencies are corrected and the
LCA approves the corrections.
D. Compliance monitor: The LCA may select a compliance monitor for a
specified period of time to closely observe a facilitys compliance
efforts. The compliance monitor has
authority to review all applicable facility records, policies, procedures and
financial records and the authority to interview facility staff and
clients. The compliance monitor may also
provide consultation to the facility management to correct violations. The facility pays all costs of the compliance
monitor.
E. Temporary management: The LCA may appoint professional temporary
management with expertise in the field of child and adolescent mental health
services the facility provides. The
management appointed is primarily responsible for overseeing the operation of
the facility, to protect the health and safety of its clients, to assess the
correction of deficiencies, or to facilitate an orderly closure. The facility pays all costs of temporary
management.
F. Suspension: The
LCA suspends licensure for a specified period of time pending correction of
deficiencies. During a period of
suspension, the medicaid provider agreement terminates on the date of
suspension.
G. Denial or revocation of license: The LCA denies initial licensure or renewal of
licensure based upon deficiencies related to:
(1) abuse, neglect or exploitation of a
client(s); or
(2) presence of, or a history of health
and safety deficiencies found in current or previous surveys or on-site visits;
or
(3) presence of, or a history of,
licensure revocation, suspension or denial or sanctions or penalties or other
similar disciplinary actions taken by the regulatory bodies in other states; or
(4) noncompliance with health and safety
related regulations.
H. In such circumstances the medicaid provider agreement
terminates on the date of such denial or revocation.
[8.369.4.20 NMAC -
N/E, 7/1/2026]
8.369.4.21 CURRENTLY LICENSED FACILITIES:
A. Any facility currently licensed on the date these
regulations are promulgated and which provides the services prescribed under
these regulations, but which fails to meet all building requirements, may, at
the discretion of the LCA, continue to be licensed as a residential facility.
B. Variances may be granted for those building requirements
the facility cannot meet, provided:
(1) the variances granted will not create
a hazard to the health, safety and welfare of the clients and staff or
otherwise deny access to any disabled person who is otherwise qualified to
receive services from the facility; and
(2) the building requirements for which
variances are granted cannot be corrected without an unreasonable expense to
the facility; and
(3) variances are not in conflict with
existing building and fire codes; and
(4) variances granted are recorded and
made a permanent part of the facility file; and
(5) variances granted continue to be in
effect as long as the facility continues to provide services pursuant to these
regulations and meet the criteria of Subsection A of 8.369.4.21 NMAC above;
these variances are not transferred to a different facility or
transferred/assigned upon the sale of the facility.
[8.369.4.21 NMAC -
N/E, 7/1/2026]
8.369.4.22 NEW FACILITY:
A. If a facility is opened in an existing building, a
variance may be granted for those building requirements the facility cannot
meet under the same criteria outlined in Paragraphs (1), (2) and (3) of
Subsection B of 8.369.4.21 NMAC of these regulations and if not in conflict
with existing building and fire codes.
Such a variance is granted at the sole discretion of the LCA.
B. A new facility opened in a newly constructed building must
meet all requirements of these regulations.
[8.369.4.22 NMAC -
N/E, 7/1/2026]
8.369.4.23 FACILITY SURVEYS:
A. A survey by the LCA is conducted at a minimum of once per
year in each facility licensed pursuant to these regulations. Additional surveys or on-site visits may be
made to provide the facility with technical assistance, or to assess/monitor
progress with correction of violations found on previous surveys, or to
investigate complaints or allegations of abuse, neglect or exploitation.
B. The facility is provided with a written report of the
findings within 20 business days of completion of the survey.
C. The facility may be required to submit an action plan,
approved by the LCA, within 15 business days of receipt of the findings. The action plan may be a directed action plan
due to the serious nature of the deficiencies and the LCA will expect health
and safety deficiencies to be corrected immediately.
D. The LCA, at its sole discretion, may accept the action
plan as written or require modifications of the action plan by the licensee.
E. Application for licensure, whether initial or renewal,
constitutes permission for entry into, and surveys of, a facility by the
authorized LCA representatives at reasonable times while the application is
pending, and if licensed, during the licensure period.
F. LCA surveyors have the right to enter upon and into the
premises of any facility which is licensed or required to be licensed, whether
or not an application for licensure has been made, at any reasonable time for
the purpose of determining the state of compliance with these regulations.
G. On-site surveys are announced or unannounced at the sole
discretion of the LCA.
[8.369.4.23 NMAC -
N/E, 7/1/2026]
8.369.4.24 REPORTING OF INCIDENTS: All facilities licensed pursuant to these
regulations must report to the LCA, within 24 hours, any serious incident or
unusual occurrence which has, or could threaten the health, safety, or welfare
of the clients or staff of the facility.
Such incidents may include, but are not limited to:
A. fire, flood, or other natural disaster which creates
structural damages to the facility or poses health hazards;
B. any outbreak of contagious disease dangerous to the public
health;
C. any human act(s) by staff members of the facility which
presents or poses possible physical or psychological health hazards;
D. any human act(s) by staff member(s) of the facility which
results in the serious illness, injury, or physical or psychological impairment
of a client;
E. any death of a client;
F. any suspected client abuse, neglect or exploitation of a
client, as defined in these regulations;
G. incidents that include acts of physical harm to a client
or by staff or other clients;
H. absence of clients without permission, including not
returning from a pass, for longer than 24 hours past the designated return
time;
I. any non-informational call made to poison control
involving potential harm to a client or resulting in treatment of a client.
[8.369.4.24 NMAC -
N/E, 7/1/2026]
8.369.4.25 COMPLAINT AND INVESTIGATION
PROCEDURES:
A. Submission of complaints: Complaints regarding any facility licensed
pursuant to these regulations are submitted to the LCA.
(1) Complaints are submitted in writing
and may be signed by the complainant.
(2) Complainants who telephone the LCA are
able to provide necessary information needed by the LCA in order to document
the complaint.
B. Initiation of investigation: The department screens, and if it deems
appropriate, will initiate an investigation within 30 business days from
receipt of a complaint. If it is
probable that the health, safety, or welfare of a child is in jeopardy, the
complaint is investigated as soon as possible after the complaint is made.
C. Results of investigation: The licensee of the facility is notified of
the results of the investigation.
D. Anonymity may be requested by the complainant, but cannot
be guaranteed.
E. Action by the LCA in response to a complaint:
(1) Unsubstantiated complaint: A complaint which is unsubstantiated by the
LCA is not made part of the facility file and the LCA takes no further action.
(2) Substantiated complaint: The LCA may take the following actions if a
complaint is substantiated:
(a) require the facility to submit a
written action plan to the LCA;
(b) impose other sanctions that may
include, but not be limited to, the denial, suspension or revocation of a
license, or the filing of criminal charges, or a civil action which may be
initiated by the LCA.
[8.369.4.25 NMAC -
N/E, 7/1/2026]
8.369.4.26 CAPACITY OF A FACILITY: The capacity of a facility licensed pursuant
to these regulations is determined by the following.
A. All residential treatment facilities are limited to a
total capacity of 16 children in a single residential building.
B. By square footage of children’s sleeping rooms as
specified by these regulations.
C. The capacity as reflected on the license issued to a
facility licensed pursuant to these regulations must not be exceeded at any
time. Exception: The facility may exceed its licensed capacity
for a period not to exceed 72 hours due to emergency placements by families,
juvenile probation and parole officers, sheriff, police, court or protective
services. The facility notifies the LCA
within one business day of the event.
[8.369.4.26 NMAC -
N/E, 7/1/2026]
8.369.4.27 REPORTS AND RECORDS REQUIRED TO BE
ON FILE IN THE FACILITY: Each facility
licensed pursuant to these regulations maintains the following reports and
records on file and makes them available for review upon request by the LCA: Exception: Agencies having multiple facilities in the
same city or town may keep reports and records on file in a central location.
A. A copy of the latest fire inspection report by the
fire authority having jurisdiction.
B. A copy of the last survey conducted
by the LCA including any variances granted.
C. Records of monthly fire and emergency evacuation drills
conducted by the facility.
D. Health certificates of staff.
E. Agreements or contracts with other health care providers
to provide services that are not available in the facility, if applicable.
F. A copy of a current pharmacy license, if applicable.
G. Latest inspection of drug room by state board of pharmacy,
if applicable.
H. New Mexico environment department approval of private
waste or sewage disposal, if applicable;
I. New Mexico environment department approval of kitchen and
food management and, if applicable, survey reports of private water supply,
private waste or sewage disposal. Exception:
Those facilities which have been
exempted by the environmental improvement division or recognized local
authority from meeting the requirements for kitchens and food service [because
of the program], have the exemption on file.
J One month of menus of meals served in the facility.
K. Documentation of staff criminal record checks and
verification of employment history as required by these regulations.
L. A valid drug permit issued by the state board of pharmacy
for those facilities licensed pursuant to these regulations who as a regular
part of their program supervise the administration or clients’
self-administration of medication and safeguard medications for the children in
care.
M. A copy of staff members’ current American red cross, or
other recognized organizations, standard first aid certificate, for all direct
care staff within 90 days of employment.
[8.369.4.27 NMAC -
N/E, 7/1/2026]
8.369.4.28 FACILITY RULES:
A. Each facility has written rules which are age-appropriate
and clear and understandable to the children in care. The rules include but are not limited to the
following:
(1) the use of tobacco or alcohol;
(2) the use of the telephone;
(3) visitors and visiting hours;
(4) daily routine of the facility such as
bed times, free time, study hours, use of personal possessions, playing of
radios and watching television; and
(5) leaving the premises of the facility.
B. Facility rules are posted in an area of the facility
readily available to the children.
C. Prior to placement in, or admission to, a facility, the
rules are explained to the child, parents, and legal guardian in a language
they can understand.
[8.369.4.28 NMAC -
N/E, 7/1/2026]
8.369.4.29 STAFF RECORDS: Each facility licensed pursuant to these
regulations maintains a complete record on file for each staff member or
volunteer. Staff records are made
available for review upon request of the LCA.
A. Staff records contain at a minimum
the following:
(1) name;
(2) address and telephone number;
(3) position for which employed;
(4) date first employed;
(5) documentation of a minimum of three
references checked
(6) a person(s) to contact in case of an
emergency;
(7) a copy of the employee’s first aid
certificate;
(8) health certificate stating that the
employee is free from tuberculosis in a transmissible form as required by the
New Mexico department of health regulations, Control of Communicable Disease in
Health Facility Personnel, 7.4.4 NMAC.
(9) A clearance letter from the department
stating the criminal records check has been conducted with negative results, or
a signed statement by the administrator, director, or operator attesting to
direct supervision of an uncleared employee by a cleared employee until
official clearance is received.
(a) Each uncleared employee is identified
on the staff schedule.
(b) The staff schedule reflects changes as
they occur.
B. A daily attendance record of all staff is kept in the
facility.
C. The facility keeps daily, weekly and monthly schedules of
all staff. These schedules are kept on
file for at least 12 months.
[8.369.4.29 NMAC -
N/E, 7/1/2026]
8.369.4.30 POLICIES AND PROCEDURES: All facilities licensed pursuant to these
regulations have written policies and procedures for the following:
A. reporting of suspected child abuse, neglect or
exploitation, pursuant to these regulations;
B. actions to be taken in case of accidents or emergencies
involving a child, including death;
C. disciplinary methods utilized by the facility;
D. actions to be taken when a child is found to be absent
without authorization for longer than 24 hours;
E. the administration of medication;
F. confidentiality of the childrens records;
G. the use of seclusion rooms or restraints, if used by the
facility;
H. maintenance of building(s) and equipment;
I. fire and evacuation;
J. administration and preparation of drugs;
K. the handling of complaints received from clients, parents,
guardians or any other persons;
L. adequate staff coverage to meet the acuity needs of the
treatment population which are reassessed and adjusted when clinically
indicated.
[8.369.4.30 NMAC -
N/E, 7/1/2026]
8.369.4.31 CHILDREN AND ADOLESCENT MENTAL
HEALTH SERVICES PERSONNEL AND STAFF REQUIREMENTS:
A. Criminal record checks:
The agency conducts appropriate, legally permissible and mandated state
and federal criminal records inquiries into the background of agency personnel,
including employees and volunteers, and prospective employees and
volunteers. Agency personnel means
current and prospective operators, staff, employees and volunteers.
B. All requests for a federal background check will be
submitted within one week after commencement of employment or volunteer service
of those persons who, following receipt of a background check clearance, have
direct, unsupervised contact with children.
The agency verifies that the fingerprints were submitted to the New
Mexico department of public safety and the federal bureau of investigation.
(1) An agency staff member who has not
received a background check clearance works under the direct continuous
physical supervision of a staff member who has received the mandated federal
criminal records check clearance until a clearance is obtained.
(a) Exception: A new employee or volunteer who has been a
resident of the state of New Mexico for no less than five continuous years
immediately preceding the commencement of employment or volunteer service with
the agency and has received a background clearance (meaning a negative criminal
record check), from state and local law enforcement agencies pursuant to a
request from the employing agency. This
exception applies only for 180 days following the original request for a federal
background clearance check, and is subject to the following requirements:
(b) The use of the services of an agency
contracted by the department of public safety (DPS) who can access the DPS
database in order to obtain state criminal background checks for those
applicants who have resided in New Mexico for five years or more may be
utilized as a means of obtaining state criminal records checks prior to
employment. Federal finger printing is
still required. The use of an alternate
method to obtain state criminal background checks does not replace the federal
fingerprinting requirement.
(2) An individual is not eligible for
continued employment or service as a volunteer after being notified that the
federal background check reveals information that would disqualify the
individual from employment or work as a volunteer in the agency. The agency is on violation of this standard
if it retains the individual in employment or volunteer service.
(a) If the agency has not received a
federal background check clearance within 180 calendar days after the original
request, the employee or volunteer remains under the direct physical
supervision of a cleared staff until the federal background check is received
and known to the agency.
(b) The department may extend the 180
calendar day period up to an additional 120 days, if the agency is able to
verify, to the satisfaction of the department, that the agency has done
everything required to obtain a completed federal background check within the
required time frame and the report has not been received due to circumstances
beyond the control of the agency.
(c) In those instances where extensions of
time are granted, the employee or volunteer remains within line of sight of a
cleared staff member until such time the results of the federal background
check are received and known to the agency.
(3) Any employee or volunteer who has
received state and federal background clearance while employed by, or providing
services at, another agency within 180 calendar days of commencement of
employment of service with the agency, is not required to undergo an additional
federal background check unless the agency itself requires or requests it or
the department believes it has cause to request it.
(4) If the prospective employee is not a
United States citizen, a criminal records clearance or its equivalent from the
persons country of origin is required if the individual has not lived in the
United States for five continuous years.
(5) Non-compliance with these criminal
records checks standards may result in sanction or loss of licensure.
C. Staff members who work directly with children and who are
counted in the staff-to-child ratio are 18 years of age or older.
D. The director and all staff having direct contact with the
children including volunteers, administrative, clerical, maintenance or other
support staff, comply with the regulations governing criminal record checks and
employment history verification.
E. Persons under the age of 18 at all times work directly
under the supervision of a staff member who is physically present. Such persons are not counted in the staff
coverage.
F. Persons employed solely for clerical, cooking,
maintenance or other support activities who are not left with children
unsupervised, are not included in the staff coverage.
G. Student trainees in psychiatry, psychology, social work or
nursing, who are officially enrolled in a clinical training program of a New
Mexico accredited institution of higher learning, and who are under the
supervision of a cleared New Mexico licensed practitioner as defined by the
certification requirements for child and adolescent mental health services and
who are cleared by a state criminal records check, which may include clearance
from DPS, or a department approved state clearance mechanism, may be allowed to
work with children unsupervised during their enrolled student tenure if the
trainee signs a sworn affidavit attesting that they have never been convicted
of a crime which would disqualify them from providing direct services to
children as provided by these regulations.
[8.369.4.31 NMAC -
N/E, 7/1/2026]
8.369.4.32 OUTDOOR PLAY AREAS, EQUIPMENT,
TOOLS, VEHICLES, AND OTHER LIKE ITEMS: Facilities
providing services to children 12 years of age and younger will have an outdoor
play area.
A. The play area is provided with appropriate equipment to
the age level of the children.
B. A facility play area located adjacent to a public street
or highway will have the play area fenced with at least one latched gate
available for emergency exits.
C. All stationary outdoor play equipment for children is
positioned in a way which helps prevent accidents, permit freedom of action,
and is securely fastened to the ground.
(1) Outdoor play equipment for children
include energy-absorbing surfaces underneath and is maintained in good repair
at all times.
(2) Power-driven tools and equipment,
motor vehicles, chemicals, and like items of a dangerous nature are kept locked
and secured from children. Any use of
such items by the children is done only under the general supervision of a
staff member.
[8.369.4.32 NMAC -
N/E, 7/1/2026]
8.369.4.33 COUNSELING AREA: A facility will provide a designated room or
area to allow private discussions and counseling sessions, as appropriate,
between individual children, families, staff and others as appropriate.
[8.369.4.33 NMAC -
N/E, 7/1/2026]
8.369.4.34 EDUCATION: Each facility licensed pursuant to these
regulations ensures that every child in residence attend(s) an appropriate
education program in accordance with New Mexico state law.
[8.369.4.34 NMAC -
N/E, 7/1/2026]
8.369.4.35 TRANSPORTATION: Each facility licensed pursuant to these
regulations, which transports children as part of their program activities,
meets the following requirements:
A. Any vehicle used for transporting children must carry
vehicle liability insurance. The amount
of coverage is not to be less than the basic limits set by the financial
responsibility law.
B. Each vehicle used for transportation of children is
licensed, registered and meet(s) all applicable laws of the state of New
Mexico.
C. Occupancy in a vehicle cannot exceed the capacity
recommended by the manufacturer and as appropriate, restraints are used during
transportation.
D. Drivers of vehicles used to transport children are
licensed and abide by state and local laws.
E. Seat belt restraint laws of New Mexico are adhered to at
all time.
F. Children must not be transported in the back of open
trucks.
G. Each vehicle used for transportation of children is
equipped with a fire extinguisher and first aid kit.
H. Children are loaded and unloaded at the curb side of the
vehicle.
I. Each child remains seated while the vehicle is in motion
and age-appropriate restraints are used during transportation.
[8.369.4.35 NMAC -
N/E, 7/1/2026]
8.369.4.36 IMMUNIZATIONS:
A. Every child in the facility is immunized according to the
immunization schedule of the New Mexico department of health, public health
division, immunization schedule.
B. When an immunization record cannot be obtained for the
child at the time of admission or within 30 days after admission, the facility
arranges for all immunizations required by the department of health.
C. Exemptions from immunizations for religious or other
grounds are only accepted if approved by the public health division of the
department of health.
[8.369.4.36 NMAC -
N/E, 7/1/2026]
8.369.4.37 NOTIFIABLE DISEASES:
A. While in a facility, any child who becomes ill from a
suspected notifiable disease, as defined by the New Mexico department of health,
is immediately referred to a physician or medical facility.
B. Each facility reports any notifiable disease occurring to
a child to the local public health field office. A current list of notifiable diseases
published by the public health (health services) division of the department of
health, can be obtained from the public health division upon request.
[8.369.4.37 NMAC -
N/E, 7/1/2026]
8.369.4.38 MANAGEMENT OF DRUGS AND
PHARMACEUTICALS:
A. Other than over-the-counter medication, a facility does
not acquire, store or dispense medications.
(1) Exception: Medication for a particular child prescribed
by a licensed physician, licensed doctoral level psychologist, nurse
practitioner, or dentist, such as may be needed for the child’s health care.
(2) Exception: Facilities providing services which require
regular use of controlled or prescription medication for the children under
care must hold and display an appropriate drug permit as determined by the
state board of pharmacy.
B. All medications and poisonous substances must be kept in a
locked cabinet or other container inaccessible to the children. The key to the medication storage container
is only available to the authorized staff.
C. Poisonous substances and medications labeled for external
use only are not accessible to children and are kept separate from other
medication.
D. Medications prescribed for one child are not provided to
any other child.
E. All prescribed medications are kept in their original
prescription containers.
F. Only medications which can be self-administered by the
child or with assistance and supervision in self-administration are kept in the
facility. Exception: Facilities which require regular use of
controlled or prescription medication administered by a physician, dentist, or
nurse are kept by a facility and administered in accordance with the
appropriate drug permit issued by the state board of pharmacy.
G. Medication prepared for self-administration or
administration by staff are not prepared in advance.
H. All medication given to a child is entered in the child’s
record with the date, time and dosage and initials of the staff member
assisting with the self-administration of the medication.
I. Medications which require refrigeration are kept in a
separate locked box within a refrigerator, a locked refrigerator, or a
refrigerator in a locked room.
J. All outdated medications are disposed of in a manner
approved by the state board of pharmacy.
K. The staff member assisting with self-administration of
medication may hold the container, assist the child in opening the container
and assist the child in self-administering the medication. Exception: When a facility has a nurse licensed in New
Mexico on the staff who prepares dosages and administers the medication to the
children, the nurse may administer the medication.
[8.369.4.38 NMAC -
N/E, 7/1/2026]
8.369.4.39 SERVICES AND CARE OF CHILDREN IN
RESIDENTIAL TREATMENT SERVICES:
A. A facility licensed pursuant to these regulations makes
every effort to achieve a normal home-like environment for the children in
care.
B. The health, safety and welfare of children must be the
primary concern in all activities and services provided by facilities licensed
pursuant to these regulations.
[8.369.4.39 NMAC -
N/E, 7/1/2026]
8.369.4.40 CHILDREN’S ROOMS: Each child's room is provided with, but not
limited to, the following:
A. a bed as defined in Subsections A through F of 8.369.4.41
NMAC;
B. a dresser or other adequate storage space for private use;
C. an individual closet or closet areas with a clothes rack
and a shelves accessible to the child;
D. a table or desk with a reading lamp and chair, or a
well-lighted area within the facility with desk or table for a study area;
E. window shades, drapes, or blinds in good repair.
F. Exception: any
item other than the bed may be removed from a child's room if it is documented
in the child's record that such items would be a danger to the health or safety
of the child.
[8.369.4.40 NMAC -
N/E, 7/1/2026]
8.369.4.41 CHILDREN’S BEDS:
A. Children's beds are at least 30 inches wide, of sturdy
construction and in good repair.
B. If bunk beds are used, the vertical distance between the
mattresses is sufficient to allow each occupant to sit up comfortably in bed.
C. Each bed has a clean, comfortable, non-toxic mattress
which is waterproof or has a waterproof covering and a comfortable mattress
pad.
D. Each bed is provided with a clean, comfortable pillow and
pillow case.
E. Each bed is provided with two clean sheets and bedding
that is appropriate for weather and climate.
F. Beds are spaced at least 36 inches apart.
[8.369.4.41 NMAC -
N/E, 7/1/2026]
8.369.4.42 LIVING AND MULTI-PURPOSE ROOMS: Each facility includes a living or multi-purpose
room for the children’s use. Such rooms
are provided with reading lamps, tables, chairs, couches, or settees. These furnishings are well constructed,
comfortable and kept in good repair.
[8.369.4.42 NMAC -
N/E, 7/1/2026]
8.369.4.43 DINING AREA: A dining room is provided for meals.
A. Tables and chairs for the dining room accommodate the
number of children for whom the facility is licensed.
B. The living or multi-purpose room may be used as a dining
area if the dining area portion does not exceed fifty percent of the available
floor space and still allows comfortable arrangement of necessary furnishings
for a living area.
[8.369.4.43 NMAC -
N/E, 7/1/2026]
8.369.4.44 LAUNDRY AND LINEN SERVICES:
A. The facility provides laundry services to the children
either on the premises or by use of a commercial laundry or linen service. The following minimum requirements for clean
linen and clothing are:
(1) the sheets and pillow case are changed
at least one time per week and when there is a change of occupant;
(2) the mattress pad, blankets and
bedspread are laundered at least one time per month and when there is a change
of an occupant; the mattress is turned
at least one time per month;
(3) a face towel, bath towel, and
washcloth are changed at least every other day.
B. If laundry services are provided on the premises, each
laundry room or area is equipped with a washer and dryer.
C. Children may do their own laundry if they are capable and
wish to do so, or if it is part of their training or rehabilitation program.
D. Soiled linen and clothing are stored in bags or containers
until washed.
E. Under no circumstance is collection, sorting, storage, or
washing of soiled clothing or linens done in a food preparation, food storage,
or food service area.
F. A separate, dry, well-ventilated storage area for clean
linen is provided.
[8.369.4.44 NMAC -
N/E, 7/1/2026]
8.369.4.45 CLOTHING:
A. Each child has their own clothing which is clean, neat, in
good repair and appropriate to the season.
B. If necessary, children’s clothing is inconspicuously
marked with their name.
C. The use of a common clothing pool is strictly prohibited.
[8.369.4.45 NMAC - N/E, 7/1/2026]
8.369.4.46 PERSONAL
POSSESSIONS:
A. A facility allows a child in care to
bring their personal belongings to the facility and to acquire belongings of
their own while living in the facility.
B. The facility may, within reason, and because of the
child’s program or treatment plan, limit or supervise the use of these items
while the child is in residence.
C. Where extraordinary limitations are imposed, the child is
informed by the facility of the reasons, and the reasons are recorded in the
child’s record.
D. The facility makes provisions for the protection of the
children’s property.
[8.369.4.46 NMAC -
N/E, 7/1/2026]
8.369.4.47 PETS:
A. Pets are permitted and encouraged in a facility licensed
pursuant to these regulations for the enjoyment of the children.
B. Pets are not permitted in the kitchen or food preparation
areas.
C. Pets are inoculated as required by state or local law and
records of inoculation kept on file in the facility.
[8.369.4.47 NMAC -
N/E, 7/1/2026]
8.369.4.48 PERSONAL HYGIENE: Each child is provided with their own clearly
identified toothbrush, comb, hair brush and other items for personal hygiene.
[8.369.4.48 NMAC - N/E, 7/1/2026]
8.369.4.49 MEDICAL CARE:
A. A residential facility licensed
pursuant to these regulations arranges for a general medical examination by a
physician for each child in care within 30 calendar days of admission unless
the child has received such an examination within 12 months before admission
and the results of the examination are available to the facility. These examinations conform to the
requirements of the EPSDT screen.
(1) The facility arranges to secure timely
and medically appropriate treatment for any condition discovered by the medical
examination.
(2) The facility arranges periodic medical
examination of all children at intervals recommended by the physician.
(3) The facility ensures that children
receive timely, competent medical care when they are ill and that they continue
to receive necessary follow-up medical care.
B. The residential facility arranges to secure any necessary
dental care.
C. Each child more than three years of age has an annual
dental examination.
D. A facility licensed pursuant to these regulations has
written procedures, approved by a physician, pharmacist or nurse regarding how
staff should administer over-the-counter medications to children in care and
such procedures conform to Section 38 (above) and its subsections.
E. Each facility has a first aid kit and first aid manuals
readily accessible to the staff and secure from the children.
(1) The first aid kit contains, at a
minimum, band aids, gauze pads, adhesive tape, scissors, soap, and syrup of
ipecac.
(2) In case of accidental poisoning, the
facility immediately contacts the poison control center and its directions are
followed.
(3) Syrup of ipecac is not given to any
child without first contacting the poison control center.
[8.369.4.49 NMAC -
N/E, 7/1/2026]
8.369.4.50 NUTRITION: Each residential treatment service facility
licensed pursuant to these regulations provides to the children a planned,
nutritionally adequate diet.
A. When the food service of the facility is not directed by a
nutritionist or dietitian, regular, planned consultation with a nutritionist or
dietitian is obtained by the facility.
The nutritionist or dietitian approves the clients nutrition plan and
reviews and revises when indicated.
B. A copy of the current week’s menu is posted in the kitchen
of the facility.
C. Posted menus are followed and any substitution is of
equivalent nutritional value and is recorded on the posted menu.
D. The facility provides at least three meals a day served at
regular times, as follows:
(1) normally not more than a 14-hour span
between the evening meal and breakfast the following day;
(2) normally not less than 8 hours between
breakfast and the evening meal of the same day;
(3) the same main dishes are not served
within a week period; identical menus are not served on a one-week-cycle basis;
(4) time allowed for meals is sufficient
to enable the children to eat at a leisurely rate, encourage socialization and
to provide a pleasant mealtime experience.
[8.369.4.50 NMAC -
N/E, 7/1/2026]
8.369.4.51 FOOD MANAGEMENT: Each facility meets the requirements of all
state and local regulations governing food service, posts inspection reports in
a conspicuous place and maintains a file of any deficiencies noted in an
inspection.
A. Exception: Those
facilities which have a written exemption from the environmental improvement
division or recognized local authority.
B. Each facility has a copy of the current applicable food
service regulations as published by the environmental improvement division. Exception: Those facilities which have a written
exemption from the environmental improvement division or recognized local
authority.
C. Dry and evaporated milk may be reconstituted only if used
for cooking purposes. All milk for
drinking is grade-A pasteurized and served directly from its original container
or from a dispenser approved by the environmental improvement division.
D. Potentially hazardous food, such as meat, milk and custard,
are kept at 45 degrees farhrenheit or below.
Hot food is kept at 140 degrees farhrenheit or above during preparation
and service.
E. Each refrigerator and freezer contains an accurate
thermometer reading within two degrees farhrenheit, located in the warmest part
of the appliance in which food is stored.
The temperature of the refrigerator is 45 degrees farhrenheit or
below. The temperature for the freezer
is zero degrees farhrenheit or below.
F. Refrigerators, freezers, cupboards and other food storage
areas are kept clean and sanitary at all times.
G. Drugs, biologicals, poisons, stimulants, detergents, and
cleaning supplies are not kept in the same storage area used for storage of
foods.
H. Dishes and utensils are properly washed, sanitized, and
stored in accordance with food service regulations.
I. All garbage and rubbish are stored in containers which
are waterproof, easily cleaned, and have tight- fitting lids.
[8.369.4.51 NMAC -
N/E, 7/1/2026]
8.369.4.52 CHILDREN AND ADOLESCENT MENTAL
HEALTH SERVICES: GENERAL BUILDING
REQUIREMENTS FOR RESIDENTIAL TREATMENT SERVICES:
A. The following standards and building
requirements apply to residential treatment services.
(1) Access to the disabled: All facilities licensed pursuant to these
regulations are accessible to, and usable by, disabled employees, staff,
visitors, and clients.
(2) Prohibition
of mobile homes: Trailers and mobile
homes are not used for living or activity areas for children.
(3) Design
and selection of building(s) for the special needs of children: In the design or selection of a building,
attention is given to the special needs of the children and staff. Conditions which are detrimental to health,
safety, and welfare of the children are avoided.
B. Extent of a facility: All buildings on the premises providing
services are considered part of the facility and meet all requirements of these
regulations. Children living in any
building on the premises are counted in the capacity of the facility. Where a part of the facility’s services is
contained in another facility, separation and access are maintained as
described in current building and fire codes.
C. Additional requirements: A facility applying for licensure pursuant to
these regulations may be subject to additional requirements not contained
herein. The complexity of building and
fire codes and other applicable standards of city, county, or municipal
governments establishes such additional requirements. Applicable standards may be incorporated by
the LCA in its licensing process.
[18.369.4.52 NMAC
- N/E, 7/1/2026]
8.369.4.53 MAINTENANCE OF BUILDING AND GROUNDS
FOR RESIDENTIAL TREATMENT SERVICES:
Facilities maintain the building(s) in good repair at all times. Such maintenance includes, but is not limited
to, the following.
A. All electrical, signaling, mechanical, water supply,
heating, fire protection, and sewage disposal systems are maintained in a safe
and functioning condition, including regular inspections of these systems.
B. All equipment used for client care is kept clean and in
good repair.
C. All furniture and furnishings are kept clean and in good
repair.
D. The grounds of the facility are maintained in a safe and
sanitary condition at all times.
[8.369.4.53 NMAC -
N/E, 7/1/2026]
8.369.4.54 HOUSEKEEPING:
A. The facility is kept free from offensive odors and
accumulations of dirt, rubbish, dust, and safety hazards.
B. Children’s rooms, examination rooms, meeting rooms,
waiting rooms and other areas of daily usage are cleaned daily.
C. Floors and walls are constructed of a finish that can be
easily cleaned. The floor polishes will
provide a slip resistant finish.
D. Bathrooms, lavatories, and drinking fountains are cleaned
daily and as often as necessary to maintain a clean and sanitary condition.
E. Deodorizers are not used to mask odors caused by
unsanitary conditions or poor housekeeping practices.
F. Combustibles such as cleaning rags and compounds are kept
in closed metal containers in areas providing adequate ventilation and away
from clients rooms and common areas.
G. Poisonous or flammable substances are not stored in
residential sleeping areas, food preparation areas, or food storage areas. All poisonous substances must be kept in a
locked cabinet or other container inaccessible to the children and away from
living and common areas.
H. Storage areas are kept free from accumulations of refuse,
discarded equipment, furniture, paper, and the like.
[8.369.4.54 NMAC -
N/E, 7/1/2026]
8.369.4.55 WATER:
A. A facility licensed pursuant to these regulations is
provided with an adequate supply of water which is of a safe and sanitary
quality suitable for domestic use.
B. If the water supply is not obtained from an approved
public system, the private water system is 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 system is
made at intervals prescribed by the New Mexico environment department or other
recognized authority. The facility maintains
copies of all inspection reports and certificates pertaining to its water
supply.
C. Hot and cold running water are distributed at sufficient
pressure to operate all fixtures and equipment during maximum demand periods.
D. Back flow preventors (vacuum breakers) are installed on
hose bibbs, laboratory sinks, janitor’s sinks, and on all other water fixtures
to which hoses or tubing can be attached.
E. Water distribution systems are arranged to provide hot
water at each hot water outlet at all times.
Hot water provided to hand washing facilities does not exceed 120
degrees farhrenheit.
[8.369.4.55 NMAC -
N/E, 7/1/2026]
8.369.4.56 SEWAGE AND WASTE DISPOSAL:
A. All sewage and liquid wastes are disposed of into a
municipal sewage system where such facilities are available.
B. Where a municipal sewage system is not available, the
system used is inspected and approved by the New Mexico environment department
or recognized local authority. The
facility maintains copies of all inspection reports and certificates issued
pertaining to its waste disposed system(s).
C. Where municipal or community garbage collection and
disposal service are not available, the method of collection and disposal of
solid wastes generated by the facility is inspected and approved by the New
Mexico environment department or recognized local authority.
D. Infectious waste: Facilities
licensed pursuant to these regulations which generate infectious waste ensure
that the method of disposal of such wastes meets the requirements of the New
Mexico environment department or recognized local authority.
E. All garbage and refuse receptacles are durable, have tight
fitting-lids, are insect/rodent proof, washable, leakproof and constructed of
materials which do not absorb liquids.
Receptacles are kept clean.
[8.369.4.56 NMAC -
N/E, 7/1/2026]
8.369.4.57 FIRE SAFETY COMPLIANCE: All current applicable requirements of state
and local codes for fire prevention and safety must be met by the
facility. The facility maintains a copy
of all applicable inspection reports and certifications.
[8.369.4.57 NMAC -
N/E, 7/1/2026]
8.369.4.58 FIRE CLEARANCE AND INSPECTIONS:
A. Each facility requests from the fire authority having
jurisdiction an annual inspection of the facility. If the policy of the fire authority having
jurisdiction does not provide for an annual inspection of the facility, the
facility documents the date the request was made and to whom. If the fire authority does conduct annual
inspections, a copy of the latest inspection is kept on file in the facility.
B. Written documentation from the state fire marshals office
or fire authority having jurisdiction evidencing a facility’s compliance with
applicable fire prevention codes is submitted to the LCA prior to issuance of
an initial license.
[8.369.4.58 NMAC -
N/E, 7/1/2026]
8.369.4.59 STAFF FIRE AND SAFETY TRAINING:
A. All staff of the facility knows the location of, and is
instructed in, proper use of fire extinguishers procedures to be observed in
case of fire or other emergency. The
facility requests the fire authority having jurisdiction to give periodic
instruction in fire prevention and techniques of evaluation.
B. Facility staff is 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 clients or staff.
C. Each child is, upon being accepted into the facility,
given an orientation tour of the facility to include, but not be limited to,
the location of the exits, fire extinguishers, and telephones, and is
instructed in accordance with their abilities on actions to be taken in case of
fire or other emergencies.
D. Fire and evacuation drills: The facility conducts a least one fire and
evacuation drill each month.
(1) Logs are maintained by the facility
showing the date, time, names of staff participating in the drill and outlining
any problems noted in the conduct of the drill.
(2) Fire drills are held at different
times of the day.
(3) In the conduct of fire drills,
emphasis is placed upon orderly evacuation, under proper discipline, rather
than upon speed.
[8.369.4.59 NMAC -
N/E, 7/1/2026]
8.369.4.60 EVACUATION PLAN: Each facility has an evacuation plan
conspicuously posted in each separate area of the building showing routes of
evacuation in case of fire or other emergency.
[8.369.4.60 NMAC -
N/E, 7/1/2026]
8.369.4.61 PROVISIONS FOR EMERGENCY CALLS:
A. An easily accessible telephone for summoning help in case
of an emergency is available in the facility.
B. A list of emergency numbers, including, but not limited
to, fire department, police department, ambulance services, and poison control
center are prominently posted by each telephone.
[8.369.4.61 NMAC -
N/E, 7/1/2026]
8.369.4.62 FIRE EXTINGUISHERS:
A. Fire extinguishers, as approved by the state fire marshal
or fire prevention authority having jurisdiction, are located in the facility.
B. Fire extinguishers and other firefighting equipment are
properly maintained as recommended by the manufacturer, state fire marshal or
fire authority having jurisdiction.
C. All fire extinguishers are inspected annually and
recharged as specified by the manufacturer, state fire marshal, or fire
authority having jurisdiction. All fire
extinguishers are tagged, noting the date of inspection.
[8.369.4.62 NMAC -
N/E, 7/1/2026]
8.369.4.63 FIRE ALARM SYSTEM: A manually-operated, electrically monitored
fire alarm system is installed in each facility as required by the national
fire protection association 101 (Life Safety Code). Multiple-story facilities require manual
alarm systems.
[8.369.4.63 NMAC -
N/E, 7/1/2026]
8.369.4.64 FIRE DETECTION SYSTEM: The facility is equipped with smoke detectors
as required by the NFPA 101 (Life Safety Code) and approved in writing by the
fire authority having jurisdiction as to number, type and placement.
[8.369.4.64 NMAC -
N/E, 7/1/2026]
8.369.4.65 CARPETS: Carpeting, if used in new facilities is of at
least class II rating. Existing
facilities, as they replace carpeting, replace it with carpet having a class II
rating.
[8.369.4.65 NMAC -
N/E, 7/1/2026]
8.369.4.66 SMOKING: Smoking, if permitted in a facility, is done
only in areas designated by the facility and approved by the state fire marshal
or fire authority having jurisdiction.
Smoking is not allowed in a kitchen or food preparation area.
[8.369.4.66 NMAC -
N/E, 7/1/20262005]
8.369.4.67 LIGHTING AND LIGHTING FIXTURES: The facility meets the following requirements
for lighting:
A. All areas of the facility including storerooms, stairways,
hallways, and entrances are lighted sufficiently to make all parts of each area
clearly visible.
B. Exits, exit-access ways, and other areas used by children
and staff are illuminated.
C. All spaces occupied by people, machinery, or equipment
within buildings, approaches to buildings, and parking lots are lighted.
D. Lighting is sufficient to make all parts of each area
clearly visible.
E. All lighting fixtures are shielded.
[8.369.4.67 NMAC -
N/E, 7/1/2026]
8.369.4.68 EMERGENCY LIGHTING:
A. A facility provides emergency lighting which activates
automatically upon disruption of electrical service.
B. The emergency lighting is sufficient to illuminate paths
of egress and exits of the facility.
[8.369.4.68 NMAC -
N/E, 7/1/2026]
8.369.4.69 EXITS:
A. Each facility and each floor of a facility has exits as
required/permitted by the national fire protection association 101 (Life Safety
Code).
B. Each facility has at least two approved exits, remote from
each other.
C. Each exit is clearly marked with signs having letters at
least six inches high whose principal strokes are at least three-quarters of an
inch wide. Exit signs are visible at all
times.
D. Exits, exit paths, or means of egress do not pass through
hazardous areas, storerooms, closets, bedrooms, or spaces subject to locking.
E. Sliding doors are not acceptable as a required exit.
F. When illuminated exit signs are present, they are
maintained in operable condition.
G. Exit ways are kept free from obstructions at all times.
H. Exit doors are at least 36 inches wide.
[8.369.4.69 NMAC -
N/E, 7/1/2026]
8.369.4.70 ELECTRICAL STANDARDS:
A. All electrical installation and equipment must comply with
all current state and local codes.
B. Circuit breakers or fused switches that provide electrical
disconnection and overcurrent protection must be:
(1) enclosed or guarded to provide a dead
front assembly;
(2) readily accessible for use and
maintenance;
(3) set apart from traffic lanes;
(4) located in a dry, ventilated space,
free of corrosive fumes or gases;
(5) able to operate properly in all
temperature conditions;
(6) located on the same floor and in the
same facility area as the circuits they serve;
(7) marked showing the area each circuit
breaker or fused switch services.
C. The use of jumpers or devices to bypass circuit breakers
or fused switches is prohibited.
[8.369.4.70 NMAC -
N/E, 7/1/2026]
8.369.4.71 ELECTRICAL CORDS AND ELECTRICAL
RECEPTACLES:
A. Electrical and extension cords:
(1) Electrical cords and extension cords
must be U/L approved.
(2) Electrical cords and extension cords
must be replaced as soon as they show wear.
(3) Under no circumstances are extension
cords used as a general wiring method.
(4) Extension cords are plugged into an
electrical receptacle within the room where used and are not connected in one
room and extended to another room.
(5) Extension cords must not be used in
series.
B. Electrical receptacles:
(1) Duplex grounded type electrical
receptacles (convenience outlets), are installed in all areas in sufficient
quantities for tasks to be performed as needed.
(2) The use of multiple sockets (gang
plugs), in electrical receptacles is strictly prohibited.
(3) The main electrical service line has a
readily available disconnect switch. All
staff personnel of the facility know the location of the electrical disconnect
switch and how to operate it in case of an emergency.
(4) Facilities who care for children less
than six years of age are either provided with safety electrical outlets or
have all electrical outlets not in use provided with protective covers.
[8.369.4.71 NMAC -
N/E, 7/1/2026]
8.369.4.72 HEATING, VENTILATION, AND
AIR-CONDITIONING:
A. Heating, air-conditioning, piping, boilers, and
ventilation equipment are furnished, installed and maintained to meet all
requirements of current state and local mechanical, electrical, and
construction codes.
B. The heating method used by the facility has a minimum
indoor winter design capacity of 70 degrees farhrenheit with controls provided
for adjusting the temperature as appropriate for client and staff comfort.
C. The use of unvented heaters, open flame heaters or
portable heaters is prohibited.
D. A supply of outside air sufficient to assure proper
combustion must be provided in all spaces where fuel fired boilers, furnaces,
or heaters are located to assure proper combustion.
E. All fuel-fired boilers, furnaces, or heaters are connected
to an approved venting system to take the products of combustion directly to
the outside air.
F. Each facility is adequately ventilated at all times to
provide fresh air and the control of unpleasant odors by either mechanical or
natural means.
G. All gas-fired heating equipment is provided with a one
hundred percent automatic cutoff control valve that operates in the event of
pilot failure.
H. The facility is provided with a system for maintaining
clients’ and staff’s comfort during periods of hot weather.
I. All boilers, furnaces or heater rooms are protected from
other parts of the building by construction having a fire resistance rating of
not less than one hour. The doors are
self-closing with a three-quarters hour fire resistance.
J. All central ventilation and air condition systems are
provided filters having efficiencies greater than twenty-five percent.
K. All gas-burning heating and cooking equipment are
connected to an approved venting system to take the products of combustion
directly to the outside air.
L. All openings to the outer air used for ventilation are
screened with screening material of not less than 16 meshes per lineal inch.
M. Screen doors are equipped with self-closing devices.
[8.369.4.72 NMAC -
N/E, 7/1/2026]
8.369.4.73 WATER HEATERS:
A. Fuel-fired hot water heaters are enclosed and separated
from other parts of the building by construction as required by current state
and local building codes. Any inspection
report or certificate is maintained by the facility.
B. All water heaters are equipped with a pressure relief
valve (pop-off-valve) vented to the outside or a drain in the building.
[8.369.4.73 NMAC -
N/E, 7/1/2026]
8.369.4.74 TOILETS, LAVATORIES AND BATHING
FACILITIES:
A. All fixture and plumbing are installed in accordance with
current state and local plumbing codes.
B. All toilets are enclosed and vented.
C. All toilet rooms are provided with a lavatory for hand
washing.
D. All toilet rooms are kept supplied with toilet paper.
E. All lavatories for hand washing are kept supplied with
disposable towels for hand drying or provided with a mechanical blower. The use of a common towel is prohibited.
F. The location, type and minimum number of toilets,
lavatories and bathing facilities are as follows.
(1) Toilets and sinks for children in a
residential facility are provided in a ratio of at least one toilet and one
sink for every six children in care.
(2) If a residential treatment facility
provides service to both sexes, separate facilities are provided for each sex
in the same ratio as stated in Paragraph (1) of Subsection F of 8.369.4.74 NMAC
of these regulations.
(3) Showers or tubs in a residential
facility are provided for the children’s use in the same ratio as stated in
Paragraphs (1) and (2) of Subsection F of 8.369.4.74 NMAC.
G. A combination of a tub and shower is permitted.
H. Residential facilities for developmentally disabled
children have grab bars in tubs and showers.
I. Tubs or showers have a slip resistant surface.
J. Toilet room doors in residential treatment services
facilities serving developmentally disabled children swing out.
K. If a facility has live-in staff, a separate toilet, hand
washing, and bathing facilities for staff are provided and are not counted in
the ratios in Paragraphs (1) or (2) of Subsection F of 8.369.4.74 NMAC.
L. Toilet, hand washing, and bathing facilities are readily
available to the children. No passage
through a child’s room by another child to reach a toilet, bath, or hand
washing facility is permitted.
M. New facilities have a minimum of one toilet and bathing
facility which meet the requirements for the disabled.
[8.369.4.74 NMAC -
N/E, 7/1/2026]
8.369.4.75 CORRIDORS:
A. Corridors in each facility have a minimum width of 36
inches. Corridors in newly constructed
facilities have a minimum width of 44 inches.
B. Corridors have a clear ceiling height of not less than seven
feet measured to the lowest projection from the ceiling.
C. Corridors remain clear and free of obstructions at all
times.
D. In facilities contained within existing commercial or
residential buildings, less stringent corridor widths are allowed if not in
conflict with the building or fire codes and approved by the LCA prior to
occupying the facility.
[8.369.4.75 NMAC -
N/E, 7/1/2026]
8.369.4.76 DOORS:
A. All exit doors must have a minimum width of 36 inches.
B. All sleeping room doors are at least one and three quarter
inches bonded solid core, with a minimum width of 30 inches.
C. All doors to toilet and bathing facilities have a minimum
width of 24 inches.
D. Locks on doors to toilets are of such type that the lock
can be released from the outside.
E. Exit doors leading to the outside of a facility with a
capacity of 10 or more children open outward.
F. Exit doors leading to the outside of a facility are
provided with a night latch, dead bolt or security chain, provided such devices
open from the inside without the use of a key or tool and are mounted at a
height not to exceed 48 inches above the finished floor.
G. Sleeping room doors for non-mobile children are at least
one and three quarter inches bonded solid core, with a minimum width of 44
inches.
H. Each sleeping room housing non-mobile children must have a
44-inch exit door directly to the outside.
[8.369.4.76 NMAC - N/E, 7/1/2026]
8.369.4.77 MINIMUM ROOM
DIMENSIONS:
A. All habitable rooms in a facility
must have a ceiling height of not less than seven feet, six inches. Kitchens, halls, bathrooms and toilet
compartments must have a ceiling height of not less than seven feet.
B. All habitable rooms other than a kitchen are not less than
seven feet in any dimension.
C. Any room with a sloped ceiling is subject to review and
approval or disapproval by the LCA, based upon Uniform Building Code
computation of minimum area.
[8.369.4.77 NMAC -
N/E, 7/1/2026]
8.369.4.78 CHILDREN’S ROOMS:
A. Each child’s room is an outside room.
B. There is no through traffic in the children’s rooms.
C. Single rooms have at least 80 square feet of floor
area. Closet and locker areas are not
counted as part of the floor area.
D. Not more than four children more than two years of age
occupy a designated bedroom space.
E. Children’s rooms have beds spaced at least three feet
apart.
F. Residential treatment services facilities for
developmentally disabled children which provide care and services to non-mobile
children have at least 100 square feet of floor area for each non-mobile
resident.
G. Rooms having more than one child must have at least 60
square feet for each bed or if double bunks are used at least 90 square feet of
floor area for each bunk. Closet and
locker area must not be counted as part of the available follow space.
[8.369.4.78 NMAC -
N/E, 7/1/2026]
8.369.4.79 WINDOWS:
A. Children’s sleeping rooms and activity rooms have window
area of at least one-tenth the floor area with a minimum of at least 10 square
feet.
B. Sleeping rooms provide at least one window for egress or
rescue with a minimum net clear opening of 5.7 square feet. The minimum net clear opening for height
dimensions is 24 inches. The minimum net
clear opening width dimension is 20 inches.
C. Egress and rescue windows have a finished sill height of
not more than 44 inches above the floor.
Exception: If the sleeping room
has a door directly to the outside, an egress/rescue window is not required.
E. Bars, grills, and grates or similar devices may be
installed on emergency escape or rescue windows or doors only if equipped with
release mechanisms which can be opened from the inside without the use of a
key, knowledge or effort.
[8.369.4.79 NMAC -
N/E, 7/1/2026]
8.369.4.80 ADMINISTRATION AND PUBLIC AREAS:
A. Entrances are able to accommodate wheelchairs.
B. Public areas include:
(1) conveniently accessible wheelchair
storage; and
(2) reception and information counter or
desk; and
(3) conveniently accessible public
toilets; and
(4) conveniently accessible drinking
fountains.
C. Interview space(s) for private interviews related to
social services, obtaining medical or psychological information, etc., are
provided.
D. General or individual office(s) for business transactions,
records, administrative, and professional staff are provided.
E. Clerical space or rooms for typing, clerical work, and
filing, separated from public areas for confidentiality, are provided.
F. Special storage for staff personal effects with locking
drawers or cabinets (may be individual desks or cabinets) is provided. Such storage is near individual work stations
and is staff controlled.
G. General storage facilities for supplies and equipment are
provided.
H. When indicated, the nurses station(s) has a work counter,
communication system, space for supplies, and provisions for charting.
I. A drug distribution station is provided and includes a
work counter, sink, refrigerator, and locked storage for biologicals and drugs,
and may be part of the nurses station.
[8.369.4.80 NMAC -
N/E, 7/1/2026]
8.369.4.81 FLOORS AND WALLS:
A. Floor material is readily cleanable and wear resistant.
B. In all areas subject to wet cleaning, floor materials are
not physically degradable by liquid germicidal or cleaning solution.
C. Floors subject to traffic while wet have a slip resistant
surface.
D. Wall finishes are washable and in the proximity of
plumbing fixtures, are smooth and moisture resistant.
E. Wall bases in areas subject to wet cleaning are covered
with flooring and baseboards tightly sealed within the wall, and constructed
without voids.
F. Floor and wall areas penetrated by pipes, ducts, and
conduits are tightly sealed to minimize entry of rodents and insects. Joints of structural elements are similarly
sealed.
G. Threshold and expansion joint covers are flush with the
floor surface to facilitate use of wheelchairs and carts.
[8.369.4.81 NMAC -
N/E, 7/1/2026]
8.369.4.82 ACCESS REQUIREMENTS FOR DISABLED IN
NEW FACILITIES:
A. Accessibility to the disabled is provided in all new
facilities and will include the following:
(1) main entry into the facility is level
or has a ramp to allow for wheelchair access;
(2) building layout allows for access to
main living area and dining area;
(3) access to at least one bedroom is
required to have a door clearance of 32 inches;
the toilet/bathing unit also provides a 60-inch diameter clear space
(turning radius);
(4) if ramps are provided to the building,
the slope of each ramp is at least a 12-inch horizontal run for each inch of
vertical rise;
(5) ramps exceeding a six-inch rise are
provided with handrails.
B. Requirements contained herein are minimum and additional
disability requirements apply depending on the size and complexity of the
facility.
[8.369.4.82 NMAC -
N/E, 7/1/2026]
8.369.4.83 SPECIAL REQUIREMENTS FOR SECLUSION
OR SECURITY ROOMS: Any facility licensed pursuant to these
regulations and that uses a seclusion or security room in its program complies
with all of the following:
A. the room has no less than 80 square feet of floor area;
B. the door is of substantial construction either one and
three-quarter inches, bonded solid core or metal able to withstand unusual
stress;
C. the door is at least 32 inches wide, preferably 36 inches;
D. the door swings outward to prevent children from
barricading themselves in the room;
E. the door has a fixed wired glass vision panel not to
exceed 1,296 square inches, and mounted in steel or other approved metal frame;
F. a dual lock system that is simple to operate is on the
door; it has a quickly operated throw
bolt and key lock;
G. the floor is of substantial construction with a smooth
surface so that it presents no danger in terms of materials that peel,
splinter, or cause burns;
H. walls are of high impact resistance with nothing
protruding from the walls that would allow for climbing by children;
I. the ceiling is of monolithic construction and unreachable
to children;
J. light fixtures are security rated and recessed so
children cannot break the lens, bulbs, etc.;
K. windows in the room have security-rated screens with locks
that cannot be picked;
L. there is nothing else in the room, including electrical
outlets, switches, holes, hardware, or places to hook things; all heating and
air-conditioning registers are out of reach; there are no sharp edges in the
room such as window sills, baseboards, or wainscots;
M. rooms are approved in writing from the state fire marshal
or fire authority having jurisdiction;
these records are maintained by the facility;
N. the observation room is convenient to a staff’s station to
permit continuous close observation of clients;
O. a toilet room with a lavatory is immediately accessible.
[8.369.4.83 NMAC -
N/E, 7/1/2026]
HISTORY OF 8.369.4
NMAC: [RESERVED]
History of
Repealed Material: [RESERVED]
Other: 7.20.12 NMAC, Licensing Requirement
For Child And Adolescent Mental Health Facilities filed 12/14/1988 Replaced by
8.369.4 NMAC Licensing Requirement For Child And Adolescent Mental Health
Facilities effective 7/1/2026.