New Mexico Administrative Code
Title 7 - HEALTH
Chapter 13 - ADULT DAY CARE
Part 2 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES
Section 7.13.2.54 - GENERAL PERSONNEL AND STAFFING REQUIREMENTS

A. All persons involved with the care of participants shall be of good character and physically, mentally and emotionally equipped to provide good care and maintain responsible supervision for the participants.

B. All involved with the care of participants must be screened by the licensee. Their qualifications, references and employment history must be verified prior to employment.

C. A person who has been convicted of a felony or of a misdemeanor involving moral turpitude shall not be allowed to work as an administrator/director/operator, direct service staff, or support staff member in a facility licensed pursuant to these regulations. This includes family members who work or reside in an adult day care home.

D. All persons volunteering with the facility, are deemed to be staff and are subject to these regulations.

E. Staff members who work directly with participants and who are counted in the staff/participant ratio must be eighteen (18) years of age or older.

F. Persons under the age of eighteen (18) shall at all times work directly under the supervision of a staff member who is physically present.

G. Persons employed solely for clerical, cooking and maintenance shall not be included in the staff/participant ratio.

H. Substitutes and part-time staff members, who are counted in the staff/participant ratios, shall meet the same requirement as regular staff.