New Mexico Register / Volume XXXVII,
Issue 10 / May 19, 2026
TITLE 8 SOCIAL SERVICES
CHAPTER 321 SPECIALIZED BEHAVIORAL HEALTH SERVICES
PART 13 REQUIREMENTS FOR ADULT ACCREDITED
RESIDENTIAL TREATMENT CENTER
8.321.13.1 ISSUING AGENCY: New Mexico Health Care Authority - Division
of Health Improvement.
[8.321.13.1 NMAC -
N, 5/19/2026]
8.321.13.2 SCOPE: Agencies that receive state or federal
funding for the purpose of providing one or more services.
[8.321.13.2 NMAC -
N, 5/19/2026]
8.321.13.3 STATUTORY AUTHORITY: These regulations are promulgated by the
secretary of the New Mexico health care authority pursuant to the general
authority granted under Subsection E of Section 9-8-6 of the Health Care
Authority Act, NMSA 1978, as amended; and the authority granted under
Subsection D of Section 24A-1-2, Subsection I of Section 24A-1-3, and Section
24A-1-5 of the Health Care Code, NMSA 1978, as amended. Section 9-8-1 et seq.
NMSA 1978 establishes the health care authority as a single, unified department
responsible for administering laws and exercising functions related to health
care purchasing and regulation.
[8.321.13.3 NMAC - N, 5/19/2026]
8.321.13.4 DURATION: Permanent.
[8.321.13.4 NMAC - N, 5/19/2026]
8.321.13.5 EFFECTIVE DATE: May 19, 2026 unless a later date is cited at
the end of a section or paragraph.
[8.321.13.5 NMAC -
N, 5/19/2026]
8.321.13.6 OBJECTIVE:
A. To establish minimum standards for licensing of adult
accredited residential treatment centers (AARTC) that provide quality mental
health, substance use and co-occurring stabilization services outside of a
hospital setting.
B. To ensure the provision of quality services which
maintain or improve the health and quality of life to the clients.
C. To monitor compliance under these regulations through
surveys and to identify any facility areas which could be dangerous or harmful.
[8.321.13.6 NMAC -
N, 5/19/2026]
8.321.13.7 DEFINITIONS:
A. Definitions beginning with “A”:
(1) “AARTC” means adult accredited
residential treatment center.
(2) “Accreditation
organization (AO)” means to evaluate and recognize institutions and
programs as meeting specific quality standards.
(3) “Applicant” means the
organization that applies for a license.
The individual signing the application on behalf of the organization
must have authority from the organization.
B. Definitions beginning with “B”: “BHSD” means behavioral health services
division.
C. Definitions beginning with “C”:
(1) “CHOW” means a change of
ownership.
(2) “CLIA” means clinical laboratory
improvement amendments of 1988 as amended.
(3) “Client” means any individual who
is requesting or receiving mental health and substance use treatment services
from an adult accredited residential treatment center as defined in this
regulation.
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.
E. Definitions beginning with “E”: [RESERVED]
F. Definitions beginning with “F”: “Facility” means a building
or buildings, including all branches, in which mental health and substance use
treatment services are provided to the public and which is licensed pursuant to
these regulations.
G. Definitions beginning with “G”: [RESERVED]
H. Definitions beginning with “H”: “HCA” means the New Mexico health care
authority.
I. Definitions beginning with “I”: [RESERVED]
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 licensing authority pursuant to these regulations granting the
legal right to operate for a specified period of time.
(2) “Licensee” means the organization
which has an 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 authority” means the
agency within the New Mexico health care authority vested with the authority by
HCA to regulate and enforce these regulations.
(4) “Life Safety Code (LSC)” is
another way to describe NFPA 101, which is a set of regulations developed by
the national fire protection association (NFPA). It provides minimum
requirements for the design, construction, operation and maintenance of
buildings to protect occupants from fire and other hazards.
M. Definitions beginning with “M”: [RESERVED]
N. Definitions beginning with “N”:
(1) “NFPA” means the national fire
protection association which sets codes and standards for fire and life safety.
NFPA 11 and related standards, current edition as required by the authority.
(2) “NMSA” means the New Mexico
Statutes Annotated, 1978 compilation, and all the revisions and compilations
thereof.
O. Definitions beginning with “O”: [RESERVED]
P. Definitions beginning with “P”:
(1) “Plan of correction (POC)” means
the plan submitted by the licensee or representative of the licensee addressing
how and when deficiencies identified at the time of a survey will be corrected.
(2) “Plan review” means the
evaluation of the building plans.
(3) “Policy” means a statement of
principle that guides and determines present and future decisions and actions.
(4) “Premises” means buildings,
grounds, and equipment of a facility.
(5) “Procedure” means the action(s)
that must be taken to implement a policy.
Q. Definitions beginning with “Q”: [RESERVED]
R. Definitions beginning with “R”: [RESERVED]
S. Definitions beginning with “S”: [RESERVED]
T. Definitions beginning with “T”: [RESERVED]
U. Definitions beginning with “U”: “U/L approved” means approved for safety
by the national underwriter’s laboratory.
V. Definitions beginning with “V”: “Variance” means to refrain from pressing
or enforcing compliance with a portion or portions of these regulations for an
unspecified period of time where the granting of a variance will not create a
danger to the health, safety, or welfare of clients or staff of a facility, and
is issued at the sole discretion of the licensing authority.
W. Definitions beginning with “W”:
(1) “Waive/waiver” means to refrain
from pressing or enforcing compliance with a portion or portions of these
regulations for a limited period of time provided the health, safety, or
welfare of the clients and staff are not in danger. Waivers are issued at the sole discretion of
the licensing authority.
(2) Withdrawal management: means the
medical and psychological care of patients who are experiencing withdrawal
symptoms because of ceasing or reducing substance use.
X. Definitions beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[8.321.13.7 NMAC -
N, 5/19/2026]
8.321.13.8 STANDARD OF COMPLIANCE: The degree of compliance required throughout
these regulations is designated using the words “shall” or “must” or “may.”
“shall” or “must” means mandatory. “may” means permissive. The use of the words “adequate,” “proper,”
and other similar words means the degree of compliance that is generally
accepted throughout the professional field by those who provide services to the
public in facilities governed by these regulations.
[8.321.13.8 NMAC -
N, 5/19/2026]
8.321.13.9 SCOPE OF SERVICES:
A. Adult Accredited Residential Treatment Center (AARTC) for
adults with substance use disorders: To
help an eligible recipient 18 years of age and older, who has been diagnosed as
having substance use disorder (SUD), and the need for AARTC has been identified
in the eligible recipient’s diagnostic evaluation as meeting criteria of the
American society of addiction medicine (ASAM) level of care three, for whom a
less restrictive setting is not appropriate, MAD pays for services furnished to
individuals by an AARTC accredited by the joint commission (JC), the commission
on accreditation of rehabilitation facilities (CARF) or the council on
Accreditation (COA). Services may
include a variety of therapeutic approaches including withdrawal
management. Facilities utilizing
withdrawal management must adhere to the following requirements:
(1) ASAM Level 3.2-WM AARTC facilities
must provide 24-hour supervision, observation, and support for individuals who
are intoxicated or experiencing withdrawal.
(2) ASAM Level 3.7-WM AARTC facilities
must provide 24-hour registered nursing care with physician visits and
protocols in place should a patient’s conditions deteriorate or appear to need
intensive inpatient withdrawal management interventions.
B. Adult Accredited Residential
Treatment Center (AARTC) for adults with serious mental health conditions: To help an eligible recipient 18 years of age
and older, who is diagnosed as having a serious mental health condition, the
need for ARRTC has been identified in the eligible recipient’s diagnostic
evaluation as meeting criteria of the level of care utilization system (LOCUS)
for psychiatric and SUD services level of care five for whom a less restrictive
setting is not more appropriate. MAD
pays for services furnished to them by an ARRTC accredited by the joint
commission (TJC), the commission on accreditation of rehabilitation facilities
(CARF), or the council on accreditation.
[8.321.13.9 NMAC -
N, 5/19/2026]
8.321.13.10 PROHIBITION ON UNLICENSED OPERATION: These regulations apply to all adult
accredited residential treatment centers (AARTC) for substance use disorders
and mental health conditions operating within New Mexico as set out in the
scope of these regulations. No AARTC, or
branch thereof, may operate in New Mexico without being duly licensed according
to these regulations.
[8.321.13.10 NMAC
- N, 5/19/2026]
8.321.13.11 INITIAL LICENSURE PROCEDURES: These regulations should be thoroughly
understood and used by the applicant, when applying for the initial AARTC
license. The applicant for an initial
AARTC license under these regulations must follow these procedures when
applying for a license.
A. Notification and letter of intent: The owner shall advise the licensing
authority of its intent to open an AARTC pursuant to these regulations by
submitting a letter of intent. The
letter of intent must be on the applicant’s letter head and signed by a person
with authority to make legal decisions for the owner and the AARTC and at a
minimum, including the following:
(1) the name of AARTC;
(2) the name of the legal owner and licensee and the type of legal entity under which the
AARTC shall be owned;
(3) the name of the management company, if any;
(4) the type of facility license requested;
(5) the name and resume of the proposed
administrator;
(6) the anticipated number of residential
and non-residential clients to be served;
(7) the intended population and
age range of the clients to be served;
(8) the number of residential
beds in the proposed AARTC;
(9) the physical address of AARTC including building name or suite number;
(10) the mailing address, if different from physical address;
(11) the applicant’s contact name(s), address, e-mail address, and telephone number(s);
(12) the anticipated payers and sources of reimbursement;
(13) a list of all services to be provided at the AARTC location which is requesting the license;
(14) a behavioral health services division
approval letter; and
(15) the accreditation organization approval
letter.
B. License application and fees: Prior to completion of construction,
renovation or addition to an existing building, the applicant will submit to
the licensing authority the following:
(1) Application forms: appropriately completed and submitted:
(2) Fees:
(a) Current fee schedules must be
provided by the licensing authority.
(b) Fees must be in the form of a
certified check, money order, personal, or business check, or other approved
electronic payment method, made payable to the state of New Mexico.
(c) Fees are non-refundable.
(3) Zoning and building approval:
(a) All initial applications must be
accompanied by written zoning approval from the appropriate authority (city,
county or municipality).
(b) Prior to licensure, initial applicants must submit written
building approval (certificate of occupancy) from the appropriate authority
(city, county, or municipality).
(4) Fire authority approval: Prior to licensure, initial applicants
must submit written approval of the fire authority having jurisdiction.
(5) New Mexico environment department
approval: Prior to licensure,
initial applicants are responsible for submission of the written approval of
the New Mexico environment department for the following:
(a) private water supply, if applicable;
(b) private waste or sewage disposal, if
applicable; and
(c) kitchen, if meals are prepared on
site.
(6) Drug permit: copy of appropriate drug permit issued by the
state board of pharmacy, in accordance with Subsection 11 of Section 16.19 New
Mexico Administrative Code.
(7) Patient
notification policy & procedure: In
accordance with Subsection A of Section 24A-3-4 NMSA 2024 concerning
residential behavioral health facilities requirement to provide the patient
with the opportunity to notify the patient's family member that the patient has
been admitted.
C. Life Safety Code (LSC) Initial survey: This only applies to new facilities. Upon receipt of a properly completed
application with all supporting documentation as outlined above, an initial LSC
on-site survey will be scheduled by the licensing authority.
D. Issuance of new or renewal of license:
(1) New facilities: Upon approval of the AO and the completion of
the initial LSC survey that will determine that the facility complies with
these regulations, the licensing authority will issue a license.
(2) Existing
facilities: Upon approval of the
accrediting organization, the licensing authority will issue a license.
E. New facility plan review phase: These regulations apply to the design of a
new building or renovation or addition to an existing building for licensure as
a facility pursuant to these regulations.
Prior to starting construction, renovations or additions to an existing
building the applicant of the proposed facility shall:
(1) advise the licensing authority in
writing of intention to open a facility pursuant to these regulations.
(2) submit a set of floor plans for the
building which must be of professional quality, be on substantial paper of at
least 18 inches by 24 inches and drawn to an accurate scale of one-quarter inch
to one foot. These plans must include:
(a) proposed use of each room e.g.,
waiting room, counseling/ therapy room, office, etcetera;
(b) interior dimensions of all rooms;
(c) one building or wall section showing
exterior and interior wall construction. Section must include floor, wall,
ceiling, and the finishes, e.g., carpet, tile, gyp board with paint, wood
paneling;
(d) door types, swing, and sizes of all
doors, e.g. solid core, hollow core, three feet by six feet, eight inches, one
and three-quarters inches thick;
(e) if the building is air-conditioned;
(f) all sinks;
(g) furnaces and hot water heaters, and
if gas or electric;
(h) windows including size and type;
(i) any level changes within the
building, e.g., steps or ramps;
(j) fire extinguishers, heat and smoke
detectors and alarm systems,
(k) location of the building on a
site/plot plan to determine surrounding conditions; include all steps, ramps,
parking areas, walks, and any permanent structures; and
(l) plans if the building is new
construction, remodeled or alteration, or an addition. If remodeled or an
addition, indicate existing and new construction on the plans.
(3) Blueprints or floor plans must be
reviewed by the licensing authority for compliance with current licensing
regulations, building and fire codes.
(4) If blueprints or plans are approved,
the licensing authority will advise the applicant that construction may begin.
F. Construction phase:
During the construction of a new building or renovations or additions to
an existing building, the applicant must coordinate with the licensing
authority and submit any changes to the blueprints or plans for approval before
making such changes.
[8.321.13.11 NMAC
- N, 5/19/2026]
8.321.13.12 LICENSES:
A. Biennial license:
A license is issued for a two-year period to an AARTC which has met all
requirements of these regulations.
B. Amended license:
A licensee must apply to the licensing authority for an amended license
when there is a change of administrator/director or when there is a change of
name for the facility.
(1) Application must be on a form
provided by the licensing authority.
(2) Application must be accompanied by
the required fee for amended license.
(3) Application must be submitted within
10 working days of the change.
[8.321.13.12 NMAC
- N, 5/19/2026]
8.321.13.13 LICENSE RENEWAL:
A. Licensee must submit a renewal application on forms
provided by the licensing authority, along with the required fee at least 30
days prior to expiration of the current license.
B. Upon receipt of renewal application and required fee
prior to expiration of their current license, the licensing authority will
issue a new license effective the day following the date of expiration of the
current license if the facility complies with these regulations.
C. If a licensee fails to submit a renewal application with
the required fee and the current license expires, the facility shall cease
operations until it obtains a new license through the initial licensure
procedures. Subsection A of Section 24a-1-5 NMSA 1978, as amended, provides
that no health facility shall be operated without a license.
[8.321.13.13 NMAC
- N, 5/19/2026]
8.321.13.14 POSTING OF LICENSE: The facility's license must be posted on the
licensed premises in an area visible to the public.
[8.321.13.14
NMAC - N, 5/19/2026]
8.321.13.15 NON-TRANSFERABLE RESTRICTION OF
LICENSE: A license shall not be transferred by
assignment, or otherwise, to other persons or locations. The license shall be void and must be
returned to the licensing authority when any one of the following situations
occur:
A. ownership of the facility changes,
B. the facility changes location,
C. licensee of the facility changes
D. the facility discontinues operation,
[8.321.13.15 NMAC
- N, 5/19/2026]
8.321.13.16 AUTOMATIC EXPIRATION OF LICENSE: A license will automatically expire at
midnight on the day indicated on the license as the expiration date, unless
renewed, suspended, or revoked, or
A. on the day a facility discontinues operation,
B. on the day a facility is sold, leased, or otherwise
changes ownership or licensee; or
C. on the day a facility changes location.
[8.321.13.16 NMAC
- N, 5/19/2026]
8.321.13.17 SUSPENSION OF LICENSE WITHOUT PRIOR
HEARING: In accordance with Subsection H of Section
24a-1-5 NMSA 1978, if immediate action is required to protect human health and
safety, the licensing authority may suspend a license pending a hearing,
provided such hearing is held within five working days of the suspension,
unless waived by the licensee.
[8.321.13.17
NMAC - N, 5/19/2026]
8.321.13.18 GROUNDS FOR REVOCATION OR SUSPENSION
OF LICENSE, DENIAL OF INITIAL OR RENEWAL APPLICATION FOR LICENSE, OR IMPOSITION
OF INTERMEDIATE ACTIONS OR
CIVIL MONETARY
PENALTIES: A license may be revoked or suspended, an
initial or renewal application for license may be denied, or intermediate
sanctions or civil monetary penalties may be imposed after notice and
opportunity for a hearing, for any of the following:
A. failure to comply with any provision of these
regulations;
B. failure to allow survey by authorized representatives of
the licensing authority;
C. allowing any person active in the operation of a facility
licensed pursuant to these regulations to be under the influence of, or
impaired by, alcohol or other behavior altering substances;
D. misrepresentation or falsification of any information on
application forms or other documents provided to the licensing authority;
E. repeated violations of these regulations; or
F. failure to provide the required care and services as
outlined by these regulations for the clients receiving care at the facility.
[8.321.13.18 NMAC
- N, 5/19/2026]
8.321.13.19 HEARING PROCEDURES:
A. Hearing procedures for an administrative appeal of an
adverse action taken by the licensing authority against a facility's license as
outlined in sections 17 and 18 above will be held in accordance with
adjudicatory hearings for licensed facilities, New Mexico health care
authority, 8.370.2 NMAC.
B. A copy of the above regulations will be furnished to a
facility at the time an adverse action is taken against its license by the
licensing authority. A copy may be
requested at any time by contacting the licensing authority.
[8.321.13.19 NMAC
- N, 5/19/2026]
8.321.13.20 LICENSED FACILITIES:
A. Any AARTC, currently licensed on the date these
regulations are promulgated, and which provides the services prescribed under
these regulations, may continue to operate as an AARTC as described in these
regulations.
B. Any AARTC, not currently licensed on the date these
regulations are promulgated, and which provides the services prescribed under
these regulations, must seek licensure as an AARTC within 90 days from the
effective date of these regulations.
(1) AARTC
may seek variances for those building requirements the facility cannot meet
under the criteria outlined in these regulations if not in conflict with
existing building and fire codes.
(2) Variances or waivers may be
considered for circumstances where the facility demonstrates an extreme
financial hardship to comply with requirements outlined in these regulations.
[8.321.13.20 NMAC
- N, 5/19/2026]
8.321.13.21 NEW FACILITY: A new facility may be opened in an existing
building or a newly constructed building.
A. If opened in an existing building, a variance may be
granted for those building requirements the facility cannot meet under the
criteria outlined in these regulations if not in conflict with existing
building and fire codes. This is at the sole discretion of the licensing
authority.
B. A new facility opened in a newly constructed building
must meet all requirements of these regulations.
[8.321.13.21 NMAC
- N, 5/19/2026]
8.321.13.22 FACILITY SURVEYS:
A. Application for licensure, LSC initial, shall
constitute permission for entry into, and survey of, a facility by authorized
licensing authority representatives at reasonable times during the status of
the application and, if licensed, during the licensure period.
B. Surveys may be announced or unannounced at the sole
discretion of the licensing authority.
C. Upon receipt of a written notice of deficiency from the
licensing authority, the licensee, or their representative, will be required to
submit a plan of correction to the licensing authority within 10 calendar days
stating how the facility intends to correct each violation noted, the expected
date of correction and who is responsible for monitoring the violation.
D. The licensing authority may at its sole discretion accept
the plan of correction as written or require modifications of the plan by the
licensee.
[8.321.13.22 NMAC
- N, 5/19/2026]
8.321.13.23 POLICIES AND PROCEDURES: All AARTC’s licensed pursuant to these
regulations must have written policies and procedures in accordance with the
standards set forth by BHSD.
[8.321.13.23 NMAC
- N, 5/19/2026]
8.321.13.24 GENERAL BUILDING REQUIREMENTS:
A. New construction, additions and alterations: When construction of new buildings,
additions, or alterations to existing buildings are contemplated, plans and
specifications covering all portions of the work must be submitted to the
licensing authority for plan review and approval prior to beginning actual
construction. When an addition or
alteration is contemplated, plans for the entire facility must be submitted
B. Access to the disabled: AARTC licensed pursuant to these regulations
must be accessible to and useable by disabled employees, staff, visitors, and
clients, including as governed by the Americans with Disabilities Act.
C. Extent of a facility: All buildings on the premises providing
client care and services will be considered part of the facility and must meet
all requirements of these regulations.
Where a part of the facility’s services is contained in another
facility, separation and access shall be maintained as described in current
building and fire codes.
D. Additional requirements: A facility applying for licensure pursuant to
these regulations may have additional requirements not contained herein. The complexity of building and fire codes and
requirements of city, county, or municipal governments may stipulate these
additional requirements. Any additional
requirements will be outlined by the appropriate building and fire authorities,
and by the licensing authority through plan review, consultation and on-site
surveys during the licensing process.
[8.321.13.24 NMAC
- N, 5/19/2026]
8.321.13.25 MAINTENANCE OF BUILDING AND GROUNDS: Facilities must always maintain the
building(s) in good repair. Such
maintenance shall include, but is not limited to, the following:
A. all electrical, mechanical, water supply, heating, fire
protection, and sewage disposal systems must be maintained in a safe and
functioning condition, including regular inspections of these systems;
B. all equipment and materials used for client care shall be
maintained clean and in good repair;
C. all furniture and furnishings must be kept clean and in
good repair; and
D. the grounds of the facility must be always maintained in
a safe and sanitary condition.
[8.321.13.25 NMAC
- N, 5/19/2026]
8.321.13.26 COMMON ELEMENTS FOR FACILITIES:
A. Entrance shall be able to accommodate wheelchairs.
B. Public services shall include:
(1) conveniently accessible wheelchair
storage;
(2) a
reception and information counter or desk;
(3) waiting areas;
(4) conveniently accessible public
toilets; and
(5) drinking fountain(s) or water
dispensing device easily accessible to clients or other visitors.
C. Interview space(s) for private interviews related to
mental health, medical information, etc., shall be provided.
D. General or individual office(s) for business
transactions, records, administrative, and professional staff shall be
provided. These areas shall be separated from public areas for confidentiality.
E. Special storage for staff personal effects with locking
drawers or cabinets shall be provided.
F. General storage facilities for supplies and equipment
shall be provided.
G. Drug distribution stations shall be in accordance with
standards set forth by the New Mexico board of pharmacy.
[8.321.13.26 NMAC
- N, 5/19/2026]
8.321.13.27 HOUSEKEEPING:
A. The facility must be kept free from offensive odors and
accumulations of dirt, rubbish, dust, and safety hazards.
B. Counseling/therapy rooms, waiting areas and other areas
of daily usage must be cleaned as needed to maintain a clean and safe
environment for the clients.
C. Floors and walls must be constructed of a finish that can
be easily cleaned. Floor polishes shall
provide a slip resistant finish.
D. Deodorizers must not be used to mask odors caused by
unsanitary conditions or poor housekeeping practices.
E. Storage areas must be kept free from accumulation of
refuse, discarded equipment, furniture, paper, et cetera.
[8.321.13.27 NMAC
- N, 5/19/2026]
8.321.13.28 WATER:
A. A facility licensed pursuant to these regulations must be
provided with an adequate supply of water that is of a safe and sanitary
quality suitable for domestic use.
B. If the water supply is not obtained from an approved
public system, the private water system must be inspected, tested, and approved
by the New Mexico environment department prior to licensure. It is the facility's responsibility to ensure
that subsequent periodic testing or inspection of such private water systems be
made at intervals prescribed by the New Mexico environment department or
recognized authority.
C. Hot and cold running water under pressure must be
distributed at sufficient pressure to operate all fixtures and equipment during
maximum demand periods.
D. Back flow preventers (vacuum breakers) must be 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 always provide
hot water at each hot water outlet. Hot water to hand washing facilities must
not exceed 120 degrees F.
[8.321.13.28 NMAC
- N, 5/19/2026]
8.321.13.29 SEWAGE AND WASTE DISPOSAL:
A. All sewage and liquid waste must be disposed of into a
municipal sewage system where such facilities are available.
B. Where a municipal sewage system is not available, the
system used must be inspected and approved by the New Mexico environment
department or recognized local authority.
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 must be inspected and approved by the
New Mexico environment department or recognized local authority.
D. All garbage and refuse receptacles must be durable, have
tight fitting lids, must be insect and rodent proof, washable, leak proof and
constructed of materials which will not absorb liquids. Receptacles must be kept clean.
[8.321.13.29
NMAC - N, 5/19/2026]
8.321.13.30 FIRE SAFETY COMPLIANCE: All current applicable requirements of state
and local codes for fire prevention and safety must be met by the facility.
[8.321.13.30 NMAC
- N, 5/19/2026]
8.321.13.31 FIRE CLEARANCE AND INSPECTIONS: Each facility must request from the fire
authority having jurisdiction, an annual fire inspection. If the policy of the fire authority having
jurisdiction does not provide for annual inspection of the facility, the
facility must document the date the request was made and to whom. If the fire authorities do make annual
inspections, a copy of the latest inspection must be kept on file in the
facility.
[8.321.13.31 NMAC
- N, 5/19/2026]
8.321.13.32 STAFF FIRE AND SAFETY TRAINING:
A. All staff of the facility must know the location of, and be
instructed in, proper use of fire extinguishers and other procedures to be
observed in case of fire or other emergencies.
The facility should request the fire authority having jurisdiction to
give periodic instruction in fire prevention and techniques of evacuation.
B. Facility staff must be instructed as part of their duties
to constantly strive to detect and eliminate potential safety hazards such as
frayed electrical cords, faulty equipment, blocked exits or exit pathways and
any other condition which could cause burns, falls, or other personal injury to
the clients or staff.
[8.321.13.32 NMAC
- N, 5/19/2026]
8.321.13.33 EVACUATION PLAN: Each facility must have a fire evacuation
plan posted in each separate area of the building showing routes of evacuation
in case of fire or other emergency.
[8.321.13.33 NMAC
- N, 5/19/2026]
8.321.13.34 PROVISIONS FOR EMERGENCY CALLS: An easily accessible telephone for summoning
help, in case of
emergency, must be available in the facility.
[8.321.13.34 NMAC
- N, 5/19/2026]
8.321.13.35 FIRE EXTINGUISHERS:
A. Fire extinguishers as approved by the state fire marshal
or fire prevention authority having jurisdiction must be in the facility.
B. Fire extinguishers must be properly maintained as
recommended by the manufacturer, state fire marshal or fire authority having
jurisdiction.
C. All fire extinguishers must be inspected yearly and
recharged as specified by the manufacturer, state fire marshal, or fire
authority having jurisdiction. All fire
extinguishers must be tagged, noting the date of inspection.
[8.321.13.35
NMAC - N, 5/19/2026]
8.321.13.36 ALARM SYSTEM: A manually operated, electrically supervised
fire alarm system shall be installed in each facility only as required by the
national fire protection association (NFPA) 101 (life safety code). Multiple
story facilities do require manual alarm systems.
[8.321.13.36 NMAC
- N, 5/19/2026]
8.321.13.37 FIRE DETECTION SYSTEM: The facility must be 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.
[8.321.13.37 NMAC
- N, 5/19/2026]
8.321.13.38 JANITOR’S CLOSET(S):
A. Each facility shall have at least one janitor's closet.
B. Each janitor's closet shall contain:
(1) a service sink; and
(2) storage for housekeeping supplies and
equipment.
C. Each janitor's closet must be vented.
D. Janitor closets are hazardous areas and must be provided
with one hour fire separation and one and three-quarters inches solid core
doors which are rated at a 20-minute fire protection rating.
[8.321.13.38 NMAC
- N, 5/19/2026]
8.321.13.39 HAZARDOUS AREAS:
A. Hazardous areas include the following:
(1) fuel fired equipment rooms;
(2) bulk laundries or laundry rooms with
more than 100 sq. ft.;
(3) storage rooms with more than 50 sq.
ft. but less than 100 sq. ft. not storing combustibles;
(4) storage rooms with more than 100 sq.
ft. storing combustibles;
(5) chemical storage rooms with more than
50 sq. ft.; and
(6) garages, janitor’s closets,
maintenance shops, or maintenance rooms.
B. Hazardous areas on the same floor or abutting a primary means
of escape or a sleeping room shall be protected by either:
(1) an enclosure of at least
one-hour fire rating with self-closing or automatic closing on smoke detection
fire doors having a three-quarter hour rating; or
(2) an automatic fire protection
(sprinkler) and separation of hazardous areas with self-closing doors or doors
with automatic closing on smoke detection; or
(3) any other hazardous areas
shall be enclosed with walls with at least a 20-minute fire rating and doors
equivalent to one and three-quarter inch solid bonded wood core, operated by
self-closures or automatic closing on smoke detection.
C. All boilers, furnace or fuel fired water heater rooms
shall be protected from other parts of the building by construction having a
fire resistance rating of not less than one hour. Doors to these rooms shall be one and
three-quarter inch solid core.
[8.321.13.39 NMAC
- N, 5/19/2026]
8.321.13.40 EMERGENCY LIGHTING:
A. A facility must be provided with emergency lighting that
will activate automatically upon disruption of electrical service.
B. The emergency lighting must be
sufficient to illuminate paths of egress and exits of the facility.
[8.321.13.40 NMAC
- N, 5/19/2026]
8.321.13.41 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 over current protection shall 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) Panel boards servicing lighting and
appliance circuits shall be on the same floor and in the same facility area as
the circuits they serve.
(7) each panel board will be marked
showing the services; and
(8) the use of jumpers or devices to
bypass circuit breakers or fused switches is prohibited.
[8.321.13.41 NMAC
- N, 5/19/2026]
8.321.13.42 LIGHTING:
A. All spaces occupied by people, machinery, or equipment
within buildings, approaches to buildings, and parking lots shall have
lighting.
B. Lighting will be sufficient to make all parts of the area
clearly visible.
C. All lighting fixtures must be shielded.
D. Lighting fixtures must be selected and located with the
comfort and convenience of the staff and clients in mind.
[8.321.13.42 NMAC
- N, 5/19/2026]
8.321.13.43 ELECTRICAL CORDS AND RECEPTACLES:
A. Electrical cords 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 shall
extension cords be used as a general wiring method.
(4) Extension cords must be plugged into
an electrical receptacle within the room where used and must not be connected
in one room and extended to some other room.
(5) Extension cords must not be used in
series.
B. Electrical receptacles:
(1) Duplex-grounded type electrical
receptacles (convenience outlets) must be installed in all areas in sufficient
quantities for tasks to be performed as needed.
Each examination must have access to a minimum of two duplex
receptacles.
(2) The use of multiple sockets (gang
plugs) in electrical receptacles is strictly prohibited.
[8.321.13.43 NMAC
- N, 5/19/2026]
8.321.13.44 HEATING, VENTILATION, AND
AIR-CONDITIONING:
A. Heating, air-conditioning, piping, boilers, and
ventilation equipment must be 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 must have a
minimum indoor winter design capacity of 75 degrees F. with controls provided
for adjusting temperature as appropriate for clients and staff comfort.
C. The use of non-vented heaters, open-flame heaters or
portable heaters is prohibited.
D. An ample supply of outside air must be provided in all
spaces where fuel-fired boilers, furnaces, or heaters are located to ensure
proper combustion.
E. All fuel-fired boilers, furnaces, or heaters must be
connected to an approved venting system to take the products of combustion
directly to the outside air.
F. A facility must be adequately ventilated at all times to
provide fresh air and the control of unpleasant odors.
G. All gas-fired heating equipment must be provided with a
one hundred percent automatic cutoff control valve in event of pilot failure.
H. The facility must be provided with a system for
maintaining clients and staff's comfort during periods of hot weather.
I. All boiler, furnace or heater rooms shall be protected
from other parts of the building by construction, having a fire resistance
rating of not less than one hour. Door
must be self-closing with three-quarters of an hour fire resistance.
[8.321.13.44 NMAC
- N, 5/19/2026]
8.321.13.45 WATER HEATERS:
A. Must be able to supply hot water to all hot water taps
within the facility at full pressure during peak demand periods and maintain a
maximum temperature of 120 degrees F.
B. Fuel-fired hot water heaters must be enclosed and
separated from other parts of the building by construction as required by
current state and local building codes.
C. All water heaters must be equipped with a pressure relief
valve (pop-off valve).
[8.321.13.45 NMAC
- N, 5/19/2026]
8.321.13.46 TOILETS AND LAVATORIES:
A. All fixtures and plumbing must be installed in accordance
with current state and local plumbing codes.
B. All toilets must be enclosed and vented.
C. All toilet rooms must be provided with a lavatory for
hand washing.
D. All toilets must be kept supplied with toilet paper.
E. All lavatories for hand washing must be kept supplied
with disposable towels for hand drying or provided with mechanical blower.
F. The number of and location of toilets and lavatories
will be mandated by requirements for each type of facility. Such factors as extent of services provided
and size of facility will also dictate requirements.
[8.321.13.46 NMAC
- N, 5/19/2026]
8.321.13.47 COLLECTION/DRAW/LAB AREA: Facilities shall be rewarded to support
laboratory procedures, if provided.
Minimum facilities provided on-site shall include space for the
following:
A. A urine collection room equipped with a toilet and hand
washing sink.
B. Blood collection facilities with space for a chair, work
counter, and lavatory.
C. Each AARTC shall have accommodations for storage and
refrigeration of blood, urine and other specimens in a dedicated specimen
refrigerator.
[8.321.13.47 NMAC
- N, 5/19/2026]
8.321.13.48 EXITS:
A. Each facility and each floor of a facility shall have
exits as required by the National Fire Protection Association 101 (Life Safety
Code).
B. Each exit must be marked by illuminated signs having
letters at least six inches high whose principal strokes are at least
three-quarters of an inch wide.
C. Illuminated exit signs must be
always maintained in operable condition.
D. Exit ways must be always kept free from obstructions.
E. Exit doors to exit or exit access doors must be at least
36 inches wide.
[8.321.13.4 NMAC -
N, 5/19/2026]
8.321.13.49 CORRIDORS:
A. Minimum corridor width shall be five feet except work
corridors less than six feet in length may be four feet in width.
B. Facilities will often be contained within existing
commercial or residential buildings and less stringent corridor widths may be
allowed other than those contained in Subsection A of 8.321.13.49 NMAC, above
if not in conflict with building or fire codes and approved by the licensing
authority prior to occupying the licensed part of the building.
[8.321.13.49 NMAC
- N, 5/19/2026]
8.321.13.50 STAFF STATION:
A. Each client care area in the residential unit shall have
a staff station located to provide visual or virtual monitoring of all resident
room corridors and access to secured access to outdoor area, equipped with
access to residential clients’ records, a desk or work counter, a cleaning area
with a sink with hot and cold running water, operational telephone, and
emergency call system.
B. Locked storage area for drugs or pharmacy grade, locked
medication cart.
C. Access to a biohazard disposal unit for needles, and
other “sharps,” and breakable items.
D. A reliable monitored emergency call
system shall be provided for staff use in the event of an emergency.
E. If a kitchen is not open at all times to
residents, a nourishment station with sink, hot and cold running water,
refrigerator, and storage for serving residents between meal nourishment shall
be provided.
F. View of fire alarm control panel, generator panel (if
any), and any other life safety code components.
[8.321.13.50 NMAC
- N, 5/19/2026]
8.321.13.51 SECURED ENVIRONMENT/OUTDOOR AREA:
A. The AARTC shall provide a secure environment for client
safety. A secure environment is an AARTC
and grounds that have secured or monitored exits. A secure environment for facilities that
offer residential services may include but is not limited to double
alarm systems; gates connected to the fire alarm; or tab alarms for residents
at risk for elopement. Locked areas
shall have an access code or key which AARTC employees shall always have
on their person or available in accordance with the Life Safety Code,
NPFA 101, 2012 or subsequent updates.
For an AARTC located within an existing licensed facility, a request for
waiver may be submitted to the licensing authority containing an alternate plan
for providing security for clients, if health, safety or welfare of
the clients or staff would not be adversely affected.
B. In addition to the interior common areas required
by this rule, an AARTC providing residential services shall provide an outdoor
secured environment independently accessible to residents for their year-round
use.
(1) Fencing
or other enclosures, not less than six feet high, shall protect the safety,
security and privacy of the residents and have emergency egress gates that are
connected to the emergency call system.
(2) Outdoor area shall not provide access
to contact the public.
[8.321.13.51 NMAC
- N, 5/19/2026]
8.321.13.52 ASSESSMENT ROOMS: general purpose assessment rooms shall meet
the following requirements:
A. minimum floor area of 80 square feet, excluding
vestibules, toilets, and closets;
B. room arrangement shall permit at least two feet -
eight-inch clearance around furniture items used for exam or assessment;
C. a lavatory or sink for hand washing.
D. assessment rooms shall not be in a public area.
[8.321.13.52 NMAC
- N, 5/19/2026]
8.321.13.53 THERAPY/TREATMENT ROOMS:
A. Shall have a minimum floor area of 120 square
feet, excluding vestibule, toilet, and closets.
B. All walls shall be constructed to a minimum length of 10
feet.
[8.321.13.53 NMAC
- N, 5/19/2026]
8.321.13.54 ACTIVITY OR MULTIPURPOSE ROOM: The AARTC shall provide a minimum of 250
square feet for common living area, dining and social spaces, or 40 square feet
per resident, whichever is greater.
A. The AARTC shall have a living or multipurpose room for
the use of the residents. The
furnishings shall be well constructed, comfortable and in good repair.
B. The activity or multi-purpose room may be used as a
dining area.
C. The activity room or multipurpose rooms shall be provided
with supplies to reasonably meet the interests and needs of the residents.
D. Each activity room shall have a window area of at least
one tenth of the floor area with a minimum of at least 10 square feet.
E. A dining area shall be provided for meals. Facilities shall have tables and chairs in
the dining area to accommodate the total number of residents in one
sitting. All seating arrangements during
meals shall allow clear access to the exits.
Lunch times for adults and youth must be separate if there is only one lunchroom.
[8.321.13.54 NMAC
- N, 5/19/2026]
8.321.13.55 MEETING ROOM: The AARTC shall have adequate meeting rooms and
office space for use by staff, the interdisciplinary care team and client and
family visits. Other rooms may serve as
meeting rooms, provided resident confidentiality is maintained.
[8.321.13.55 NMAC
- N, 5/19/2026]
8.321.13.56 RESIDENT ROOMS: These regulations apply to those facilities
providing a residential treatment program.
A. An AARTC that provides residential treatment shall
not exceed the bed capacity approved by the licensing authority.
B. Resident rooms may be private or semi-private or
dormitory style depending on assessed, resident acuity and need resident rooms
must be separated by gender.
(1) Private rooms shall have a minimum of
100 square feet of floor area. The closet and locker area shall
not be counted as part of the available floor space.
(2) Semi-private rooms shall have a
minimum of 80 square feet of floor area for each resident and shall be
furnished in such a manner that the room is not crowded and passage out of the
room is not obstructed.
(3) A separate closet, bed (at least 36 inches wide),
chair, towel bar, and non-metal trash receptacle, for each resident shall be
provided.
(4) The beds shall be spaced at least
three feet apart. Bunk beds, roll away
beds, stacked beds, hide-a-beds, or beds with springs, cranks, rails or wheels,
are not allowed.
D. Each resident room shall have a window to the
outside. The area of the outdoor window
shall be at least one tenth of the floor area of the room and allow for
emergency egress. Windows may be
textured or obscured glass to provide privacy without the use of any window
coverings.
E. Every sleeping room
shall provide a secondary means of escape, which may be any one of the
following:
(1) a door leading directly to the
outside, at or to grade level;
(2) a door, stairway, passage or hall
remote from the primary escape and to the exterior; or
(3) an outside window or door, operable
without tools from the inside with a minimum clear opening measured 20 inches
wide, measured 24 inches high; the distance of the bottom of the opening from
the floor is a maximum of 44 inches; this means of escape is acceptable if the
bottom of the window is no more than 20 feet above grade or is accessible by
fire department rescue apparatus, approved by the authority having
jurisdiction, or it opens onto an exterior balcony; and
(4) bars, grills, grates or similar
devices that are installed on emergency escape or rescue windows or doors shall
be equipped with release mechanisms which are operable from the inside without
the use of a key or special knowledge or effort.
F. Resident rooms shall not be less
than seven feet in any horizontal direction.
G. There must be no through traffic in resident rooms. Resident rooms must connect directly to
hallway or other internal common areas of the facility.
[8.321.13.56 NMAC
- N, 5/19/2026]
8.321.13.57 DOORS:
A. The minimum door width for client's use shall be 34
inches in width.
B. Rooms where client treatment takes place shall have a
minimum door width of 36 inches.
[8.321.13.57 NMAC
- N, 5/19/2026]
8.321.13.58 FLOORS AND WALLS:
A. Floor and wall areas penetrated by pipes, ducts, and
conduits shall be tightly sealed to minimize entry of rodents and insects. Joints
of structural elements shall be similarly sealed.
B. Threshold and expansion joint covers shall be flush with
the floor surface to facilitate use of wheelchairs and carts.
[8.321.13.58 NMAC
- N, 5/19/2026]
8.321.13.59 EMERGENCY MEDICAL SERVICES: Each facility licensed pursuant to these
regulations must maintain a list of emergency phone numbers co-located with
telephones in the facility. This list
must include fire and police departments, ambulance or EMS crew numbers, the
New Mexico poison control center and the nearest hospital.
[8.321.13.59 NMAC
- N, 5/19/2026]
8.321.13.60 HOURS OF OPERATION: Each facility licensed pursuant to these
regulations must post its hours of operation where it can clearly be seen by
clients and visitors.
[8.321.13.60 NMAC
- N, 5/19/2026]
8.321.13.61 RELATED REGULATIONS AND CODES: Facilities or agencies subject to these
regulations are also subject to other regulations, codes and standards as the
same may from time to time be amended as follows.
A. health facility licensure fees and procedures, New Mexico
health care authority, 8.370.3 NMAC;
B. health facility sanctions and civil monetary penalties,
8.370.4 NMAC;
C. adjudicatory hearings, New Mexico health care authority,
8.370.2 NMAC;
D. adult accredited residential treatment center (AARTC) for
adults with substance use disorders, 8.321.2.10 NMAC;
E. adult accredited residential treatment center (AARTC) for
adults with serious mental health conditions, 8.321.2.11 NMAC; and
F. nursing home and custodial care facilities; 16.19.11
NMAC.
[8.321.13.1 NMAC -
N, 5/19/2026]
HISTORY OF
NMAC: [RESERVED]