New Mexico Register / Volume XXXVII, Issue 16 / August
25, 2026
This is an amendment to 8.371.2 NMAC,
Sections 1, 2, 6-9, 11, 12, 15, 20, 21, 26, 28, 33, 37, 62, 69, 78, 91 and 96,
effective 9/1/2026.
8.371.2.1 ISSUING AGENCY: New Mexico health
care authority (HCA).
[8.371.2.1
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.2 SCOPE: These
regulations apply to any facility providing services as outlined by these
regulations and any facility which by federal regulation must be licensed by
the state of New Mexico to obtain or maintain full or partial permanent or
temporary federal funding as an intermediate care facility for [the mentally
retarded (ICF/MR)] individuals with intellectual disabilities (ICF/IID). All facilities licensed after the effective
date of these regulations shall be limited to a capacity of no greater than
four clients, except as provided herein in Subsection C of 8.371.2.21 NMAC.
[8.371.2.2
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.6 OBJECTIVE: The
purpose of these regulations is to:
A. Establish professional minimum
standards for [ICF/MR] ICF/IID facilities in the state of New
Mexico which were formerly licensed under regulations governing long term care
facilities.
B. Monitor [ICF/MR] ICF/IID
facilities with these regulations through surveys to identify any areas which
could be dangerous or harmful to the clients or staff.
C. Encourage the maintenance of [ICF/MR]
ICF/IID facilities that provide quality services which maintain or
improve the health and quality of life to the clients.
D. Expand the availability of [ICF/MR]
ICF/IID programs to assure timely placement for persons who need
residential services.
E. Assure integrated active treatment
programs, homelike living arrangements, and consumer protections for [ICF/MR]
ICF/IID clients.
F. Promote access and availability
statewide.
G. Recognize specialized [ICF/MR]
ICF/IID programs to serve individuals with intense needs.
[8.371.2.6
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.7 GENERAL DEFINITIONS:
For purposes of these regulations the following shall apply:
[ A. “Active
treatment” means the consistent, aggressive, accountable, and continuous
application of competent interactions between caregivers and persons with
developmental disabilities whom they serve in structured and unstructured
settings alike, directed toward each individual's developmental progress
through the life cycle.
B. “Applicant”
means the individual who, or organization which, applies for a license. If the applicant is an organization, then the
individual signing the application on behalf of the organization, must have
authority from the organization. The
applicant must be the owner.
C. “Client” means
an individual living in and receiving services from an ICF/MR licensed pursuant
to these regulations.
D. “Community
supports” means community services such as recreational activities, social
clubs, religious services, employment services, and transportation, as well as
other supportive services that are available to the general population and not
designated to serve only persons with disabilities.
E. “Dietitian”
means a person eligible or required to be licensed under the New Mexico
Nutrition and Dietetics Practice Act, Sections 61-7A-1 through 61-7A-15 NMSA
1978, effective July 1, 1989.
F. “Facility”
means a building or buildings in which clients live and ICF/MR services are
provided and is licensed or required to be licensed pursuant to these
regulations.
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. “ICF/MR” means
an intermediate care facility that provides food, shelter, health or
rehabilitative and active treatment for the mentally retarded or persons with
related conditions.
I. “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,
not to exceed one year.
J. “Licensee”
means the person(s) who, or organization which, has an ownership, leasehold or
similar interest in the ICF/MR facility and in whose name a license has been
issued and who is legally responsible for compliance with these regulations.
K. “Licensing
authority” means the New Mexico health care authority.
L. “NMSA” means
the New Mexico Statutes Annotated 1978 compilation and all the revisions and
compilations thereof.
M. “Nurse” is an
individual who is currently licensed/registered in the state of New Mexico.
N. “Occupational
therapist” is an individual who is eligible for certification by the
American occupational therapy association or another comparable body.
O. “Physical
therapist” is an individual who is eligible for certification as a physical
therapist by the American physical therapy association or another comparable
body.
P. “Plan of
correction” means the plan submitted by the licensee or representative of
the licensee addressing how and when deficiencies identified at time of a
survey will be corrected.
Q. “Policy” means
a statement of principle that guides and determines present and future
decisions and actions.
R. “Premises”
means all parts of buildings, grounds, and equipment of a facility.
S. “Procedure”
means the action(s) that must be taken in order to implement a policy.
T. “Psychologist”
is an individual who has at least a master's degree in psychology from an
accredited school.
U. “Social worker”
means a person required to be licensed under the Social Work Practice Act
Sections 61-31-1 through 61-31-25 NMSA 1978.
V. “Speech language
pathologist or audiologist” is an individual who is eligible for a
certificate of clinical competence in speech-language pathology or audiology
granted by the American speech-language hearing association or another
comparable body or who meets the educational requirements for certification and
is in the process of accumulating the supervised experience required for
certification.
W. “U/L approved”
means approved for safety by the national underwriters laboratory.
X. “Training and
habilitation services” means the training and services which are provided
to a client intended to aid the intellectual, sensorimotor, and emotional
development of that client.
Y. “Variance”
means an act on the part of the licensing authority to refrain from pressing or
enforcing compliance with a portion or portions of these regulations for an
unspecified period of time where the granting of a variance will not create a
danger to the health, safety, or welfare of clients or staff of a facility, and
is at the sole discretion of the licensing authority.
Z. “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.]
A. Terms beginning with the letter “A”:
(1) “Active
treatment” means the consistent, aggressive, accountable, and
continuous application of competent interactions between caregivers and persons
with developmental disabilities whom they serve in structured and unstructured
settings alike, directed toward each individual's developmental progress
through the life cycle.
(2) “Applicant”
means the individual who, or organization which, applies for a license. If the applicant is an organization, then the
individual signing the application on behalf of the organization, must have
authority from the organization. The
applicant must be the owner.
B. Terms beginning with the letter “B”: [RESERVED]
C. Terms beginning with the letter “C”:
(1) “Client”
means an individual living in and receiving services from an ICF/IID licensed
pursuant to these regulations.
(2) “Community
supports” means community services such as recreational activities, social
clubs, religious services, employment services, and transportation, as well as
other supportive services that are available to the general population and not
designated to serve only persons with disabilities.
D. Terms beginning with the letter “D”: “Dietitian”
means a person eligible or required to be licensed under the New Mexico
Nutrition and Dietetics Practice Act, Sections 61-7A-1 through 61-7A-15 NMSA
1978, effective July 1, 1989.
E. Terms beginning with the letter “E”: [RESERVED]
F. Terms beginning with the letter “F”: “Facility”
means a building or buildings in which clients live and ICF/IID services are
provided and is licensed or required to be licensed pursuant to these
regulations.
G. Terms beginning with the letter “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. Terms beginning with the letter “H”: [RESERVED]
I. Terms
beginning with the letter “I”: “ICF/IID”
means an intermediate care facility that provides food, shelter, health or
rehabilitative and active treatment for individuals with intellectual
disabilities or persons with related conditions.
J. Terms beginning with the letter “J”: [RESERVED]
K. Terms beginning with the letter “K”: [RESERVED]
L. Terms beginning with the letter “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,
not to exceed one year.
(2) “Licensee”
means the person(s) who, or organization which, has an ownership, leasehold or
similar interest in the ICF/IID facility and in whose name a license has been
issued and who is legally responsible for compliance with these regulations.
(3) “Licensing
authority” means the New Mexico health care authority.
M. Terms beginning with the letter “M”: [RESERVED]
N. Terms beginning with the letter “N”:
(1) “NMSA”
means the New Mexico Statutes Annotated 1978 compilation and all the revisions
and compilations thereof.
(2) “Nurse”
is an individual who is currently licensed/registered in the state of New
Mexico.
O. Terms beginning with the letter “O”: “Occupational
therapist” is an individual who is eligible for certification by the
American occupational therapy association or another comparable body.
P. Terms beginning with the letter “P”:
(1) “Physical
therapist” is an individual who is eligible for certification as a physical
therapist by the American physical therapy association or another comparable
body.
(2) “Plan
of correction” means the plan submitted by the licensee or representative
of the licensee addressing how and when deficiencies identified at time of a
survey will be corrected.
(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, and equipment of a facility.
(5) “Procedure”
means the action(s) that must be taken in order to implement a policy.
(6) “Psychologist”
is an individual who has at least a master's degree in psychology from an
accredited school.
Q. Terms beginning with the letter “Q”: [RESERVED]
R. Terms beginning with the letter “R”: [RESERVED]
S. Terms beginning with the letter “S”:
(1) “Social
worker” means a person required to be licensed under the Social Work
Practice Act Sections 61-31-1 through 61-31-25 NMSA 1978.
(2) “Speech
language pathologist or audiologist” is an individual who is eligible for a
certificate of clinical competence in speech-language pathology or audiology
granted by the American speech-language hearing association or another
comparable body or who meets the educational requirements for certification and
is in the process of accumulating the supervised experience required for
certification.
T. Terms beginning with the letter “T”: “Training
and habilitation services” means the training and services which are
provided to a client intended to aid the intellectual, sensorimotor, and
emotional development of that client.
U. Terms beginning with the letter “U”: “U/L
approved” means approved for safety by the national underwriters
laboratory.
V. Terms beginning with the letter “V”: “Variance”
means an act on the part of the licensing authority to refrain from pressing or
enforcing compliance with a portion or portions of these regulations for an
unspecified period of time where the granting of a variance will not create a
danger to the health, safety, or welfare of clients or staff of a facility, and
is at the sole discretion of the licensing authority.
W. Terms beginning with the letter “W”: “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.
X. Terms beginning with the letter “X”: [RESERVED]
Y. Terms beginning with the letter “Y”: [RESERVED]
Z. Terms beginning with the letter “Z”: [RESERVED]
[8.371.2.7
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.8 STANDARD OF COMPLIANCE:
The degree of compliance required throughout these
regulations is designated by the use of the words “shall” or “must” or “may”. “Shall” or “must” means mandatory. “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 [ICF/MR]
ICF/IID services to the public in facilities governed by these
regulations.
[8.371.2.8
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.9 [ICF/MR]
ICF/IID FACILITY AND SCOPE OF
SERVICES PROVIDED: The [ICF/MR]
ICF/IID provides active treatment in the least restrictive setting and
includes all needed services for [mentally retarded individuals] individuals
with intellectual disabilities or persons with related conditions whose
mental or physical condition require services on a regular basis that are above
the level of a residential or room and board setting and can only be provided
in a facility which is equipped and staffed to provide the appropriate
services.
[8.371.2.9
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.11 INITIAL LICENSURE PROCEDURES: The following procedures
must be followed by the applicant for initial licensure of an [ICF/MR] ICF/IID
facility.
A. Initial phase: These regulations should be thoroughly
understood by the applicant and used as a reference for design of a new
building or renovation or addition to an existing building for licensure as an [ICF/MR]
ICF/IID 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 of intention to open a [ICF/MR] ICF/IID
facility pursuant to these regulations;
(2) submit a complete set of
construction documents (blueprints) for the total building;
(3) blueprints will be
reviewed by the licensing authority for compliance with current licensing
regulations, building and fire codes;
(4) if blue prints or plans
are approved the licensing authority will advise the applicant that
construction may begin.
B. 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.
C. Licensing phase: Prior to completion of construction,
renovation or addition to an existing building the applicant will submit to the
licensing authority the following:
(1) Application form:
(a) will be provided by the licensing
authority;
(b) all information requested on the
application must be provided;
(c) will be printed or typed;
(d) will be dated and signed;
(e) will be notarized.
(2) Fees:
All applications for licensure must be accompanied by the required fee.
(a) Fees must be in the form of a
certified check, money order, personal or business check made payable to the
state of New Mexico.
(b) Fees are non-refundable.
(3) Zoning and building approval:
(a) All initial applications must be
accompanied with written zoning approval from the appropriate authority (city,
county, or municipality).
(b) All initial applications must be
accompanied with written building approval (certificate of occupancy) from the
appropriate authority (city, county, or municipality).
(4) Fire authority approval: All initial applications must be accompanied
with written approval of the fire authority having jurisdiction.
(5) New Mexico environment department
approval: All initial applications must
be accompanied by written approval of the environmental improvement division
for the following:
(a) private water supply, if applicable;
(b) private waste or sewage disposal, if
applicable;
(c) kitchen approval.
(d) Exception: Facilities utilizing the kitchen as a
training site for clients to develop personal skills in meal planning and
preparation may be exempt from this requirement if the New Mexico environment
department waives the requirement and a letter of exemption is on file in the
facility.
(6) Copy of appropriate drug permit issued
by the state board of pharmacy.
(7) Initial survey: Upon receipt of a properly completed
application with all supporting documentation as outlined above an initial
survey of the proposed facility shall be scheduled by the licensing authority.
(8) Issuance of license: Upon completion of the initial survey and
determination that the facility is in compliance with these regulations the
licensing authority shall issue a license.
[8.371.2.11
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.12 LICENSES:
A. Annual license: An annual license is issued
for a one year period to an [ICF/MR] ICF/IID facility which has
met all requirements of these regulations.
B. Temporary license: The
licensing authority may, at its sole discretion, issue a temporary license
prior to the initial survey or when the licensing authority finds partial
compliance with these regulations.
(1) A temporary license shall
cover a period of time, not to exceed 120 days, during which the facility must
correct all specified deficiencies.
(2) In accordance with Subsection
D of Section 24-1-5 NMSA 1978, no more than two consecutive temporary licenses
shall be issued.
C. 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.
[8.371.2.12
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.15 NON-TRANSFERABLE RESTRICTION ON 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.
E. A facility wishing to continue
operation as a licensed [ICF/MR] ICF/IID facility under
circumstances found in Subsections A through D above must submit an application
for initial licensure in accordance with Section 11 of these regulations at
least 30 days prior to the anticipated change.
[8.371.2.15
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.20 CURRENTLY LICENSED FACILITIES: 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 continue to be licensed as an [ICF/MR] ICF/IID.
A. Variance may be granted for those
building requirements the facility cannot meet provided the variances granted
will not create a hazard to the health, safety and welfare of the clients and
staff, and;
B. The building requirements for which
variances are granted cannot be corrected without an unreasonable expense to
the facility, and
C. Variances granted will be recorded
and made a permanent part of the facility file.
D. Facilities currently licensed for
more than four clients may not increase their capacity.
[8.371.2.20
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.21 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 same criteria outlined in Subsections A, B and C of 8.371.2.20
NMAC, 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.
C. A new facility may not be licensed
for more than four clients. Exception: [ICF/MR] ICF/IID facilities may
be licensed for a maximum capacity of six clients based upon a written plan
that must be submitted to the licensing authority prior to the facility's
licensure. Approval of the plan is in
the discretion of the licensing authority.
The plan must demonstrate the following:
(1) The anticipated facility
service benefits to the client population.
(2) How the facility's
services will promote, independence, active treatment and community supports.
(3) How the facility's
services will address the needs and protections of the proposed clients.
[8.371.2.21
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.26 REPORTS AND RECORDS REQUIRED TO BE ON FILE IN THE
FACILITY: Each
facility licensed pursuant to these regulations must keep the following reports
and records on file and make them available for review upon request of the
licensing authority.
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 licensing authority and variances granted;
C. record of fire and emergency
evacuation drills conducted by the facility;
D. licensing regulations: a copy of these regulations: Requirements for intermediate care facilities
for [the Mentally Retarded] individuals with intellectual disabilities,
New Mexico health care authority, 8.371.2 NMAC;
E. health certificates of staff;
F. a copy of the current license,
registration or certificate, of each staff member for which a license,
registration, or certification is required by the state of New Mexico;
G. valid drug permit as required by the
state board of pharmacy;
H. latest inspection by the state board
of pharmacy;
I. New Mexico environment department
approval of private water system, if applicable;
J. New Mexico environment department
approval of private waste or sewage disposal, if applicable;
K. New Mexico environment department
approval of the kitchen. NOTE: An approval of kitchen is not required if
preparing meals is part of the training program of the clients of the facility
and the facility has a letter of exemption on file from the New Mexico
environment department;
L. documentation of
fire equipment and fire systems inspections;
M. reports of client abuse and incidents
involving clients.
[8.371.2.26
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.28 PHILOSOPHY, OBJECTIVES AND GOALS: Each facility licensed
pursuant to these regulations must have a written outline of the philosophy,
objectives, and goals it is striving to achieve that includes, at least:
A. the facility's role in the state
comprehensive program for [the mentally retarded] individuals with
intellectual disabilities;
B. the facility's goals for its clients
to include but not limited to: an
integrated active treatment program, homelike living environments and consumer
protections;
C. the facility's concept of its
relationship to the parents or legal guardians of its residents;
D. the facility's outline of the above
must be available for distribution to staff, consumer representatives, and the
interested public;
E. the facility's promotion of informed
decision making by the consumer;
F. the facilities policies on
utilization of community supports and how clients will be involved in the
community.
[8.371.2.28
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.33 AGREEMENTS WITH OUTSIDE RESOURCES: If the [ICF/MR] ICF/IID
does not employ a qualified professional to furnish a required service, it must
have in effect a written agreement with a qualified professional outside the [ICF/MR]
ICF/IID to furnish the required service.
The agreement must:
A. contain the responsibilities,
functions, objectives, and other items agreed to by the [ICF/MR] ICF/IID
and the qualified professional;
B. be signed by the administrator or their
representative and by the qualified professional;
C. the facility must assure that outside
providers meet all appropriate state and federal requirements, and the quality
of services meet the needs of the individual.
[8.371.2.33
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.37 BUILDING(S), GROUNDS, AND SAFETY REQUIREMENTS:
A. Those programs which are located in a
building which is licensed as a long term care facility or hospital must meet
all the building requirements for that type facility as outlined in the
following regulations:
(1) Requirements for General
and Special Hospitals, New Mexico health care authority, 8.370.12 NMAC.
(2) Requirements for Long Term
Care Facilities, New Mexico health care authority, 8.370.16 NMAC.
(3) Copies of these
regulations may be requested from the licensing authority.
B. Capacity
of building(s): All building
requirements contained in these regulations are based on a maximum capacity of
15 clients. All facilities requesting
licensure for more than 15 clients will have additional requirements according
to the applicable building and fire codes.
Due to the complexities of the building and fire codes these additional
requirements will be outlined by the appropriate building and fire authorities,
and by the licensing authority through plan review and on site surveys during
the licensing process. Maximum capacity
for any facility licensed after the effective date of revisions to these
regulations is four clients. Exception: [ICF/MR] ICF/IID facilities may
be licensed for a maximum capacity of six clients based upon a written plan
that must be approved by the licensing authority prior to the facility's
licensure. The plan must demonstrate the
following:
(1) the anticipated facility
service benefits to the client population;
(2) how the facility's
services will promote, independence, active treatment and community supports;
(3) how the facility's
services will address the needs and protections of the proposed clients.
C. Number of stories: All
building requirements contained in these regulations are based on buildings of
one story,which do not house clients above or below ground level. Buildings which are multi-storied or house
clients below ground level shall have additional requirements which vary due to
the complexities of the building and fire codes. These additional requirements will be
outlined by the appropriate building and fire authorities and by the licensing
authority through plan review and on-site surveys during the licensing process.
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 require these additional requirements. Any additional requirement 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.
E. Access to the handicapped: All
facilities licensed pursuant to these regulations must be accessible to and
usable by handicapped employees, visitors and clients.
F. Prohibition on mobile homes: Trailers and mobile homes must not be used as
any part of a facility in which services and care are given to clients.
G. Extent of a facility: All
buildings on the premises providing client care and services shall be
considered part of the facility and must meet all requirements of these
regulations.
H. Individual living units may not be
located within 150 feet of each other.
[8.371.2.37
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.62 QUALIFIED [MENTAL RETARDATION] INTELLECTUAL
DISABILITY PROFESSIONAL: Each
facility licensed pursuant to these regulations must have a qualified [mental
retardation] intellectual disability professional. A qualified [mental retardation] intellectual
disability professional is a person who has specialized training or one
year of experience in treating or working with [the mentally retarded] indivudals
with intellectual disabilities and is one of the following:
A. a psychologist with a masters degree
from an accredited program;
B. a licensed doctor of medicine or
osteopathy;
C. an educator with a degree in
education from an accredited program;
D. a social worker with a bachelors
degree in:
(1) social work from an
accredited program; or
(2) a field other than social
work and at least three years of social work experience under the supervision
of a qualified social worker.
E. a physical or occupational therapist
who meets all criteria of the state or federal government as a physical or
occupational therapist.
F. a speech pathologist or audiologist
who meets all criteria of the state or federal government as a speech
pathologist or audiologist.
G. a registered nurse licensed in the
state of New Mexico.
H. a therapeutic recreation specialist
who:
(1) is a graduate of an
accredited program; or
(2) meets all criteria of the
state or federal government as a therapeutic recreation specialist;
I. a rehabilitation counselor who is
certified by the committee on rehabilitation counselor certification.
J. a human services professional who
has at least a bachelor's degree in a human services field (including but not
limited to sociology, special education, rehabilitation counseling, or
psychology).
[8.371.2.62
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.69 STAFF/CLIENT RATIOS:
For each facility regardless of organization or design must
have, as a minimum, overall staff/client ratios (allowing for a five day work
week plus holiday, vacation and sick time) as shown below:
A. Those facilities serving children
under the age of six years, severely and profoundly [retarded] intellectually
disabled, severely physically handicapped, or client's who are aggressive,
assaultive, or security risks, or who manifest severely hyperactive or
psychotic-like behavior, the overall ratio is one staff member to three point
two (3.2) clients.
B. Those facilities serving moderately [retarded]
intellectually disabled clients requiring habit training, the overall
ratio is one staff member to four clients.
C. Those facilities
serving clients in vocational training programs and adults who work in
sheltered employment situation, the overall ratio is one staff member to six
point four (6.4) clients.
[8.371.2.69
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.78 BEHAVIOR MODIFICATION PROGRAMS:
A. “Aversive stimuli”: things or events that a client finds
unpleasant or painful that are used to immediately discourage undesired
behavior may be used by the facility as a means of behavior modification.
B. “Time out”: a procedure designed to improve a client's
behavior by removing positive reinforcement when their behavior is undesirable
may be used by the facility as a means of behavior modification.
C. Behavior modification programs
involving the use of aversive stimuli or time out must be:
(1) reviewed and approved by
the facility's human rights committee and the qualified [mental retardation]
intellectual disability professional;
(2) conducted only with the
consent of the affected client's parents or legal guardian;
(3) described in written plans
that are kept on file in the facility;
(4) a physical restraint used
as a time-out device shall be applied only during behavior modification
exercises and only in the presence of the trainer.
(5) time-out devices and
aversive stimuli may not be used for longer than one hour for time-out purposes
involving removal from a situation, and then only during the behavior
modification program and only under the supervision of the trainer.
[8.371.2.78
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.91 SOCIAL SERVICES: The
facility must provide, as part of an inter-disciplinary set of services, social
services to each client directed toward:
A. maximizing the social functioning of
each client;
B. enhancing the coping capacity of each
client's family;
C. asserting and safeguarding the human
and civil rights of [the retarded] individuals with intellectual
disabilities and their families;
D. fostering the human dignity and
personal worth of each client;
E. the development of the discharge
plan;
F. the referral to appropriate
community resources.
[8.371.2.91
NMAC - N, 7/1/2024; A, 9/1/2026]
8.371.2.96 RELATED REGULATIONS AND CODES: [ICF/MR]
ICF/IID facilities 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. Caregivers criminal history screening
requirements, New Mexico health care authority, 8.370.5 NMAC.
[8.371.2.96
NMAC - N, 7/1/2024; A, 9/1/2026]