New Mexico Administrative Code
Title 7 - HEALTH
Chapter 13 - ADULT DAY CARE
Part 2 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES
Section 7.13.2.7 - DEFINITIONS

A. "Abuse" means any single or repeated act of force, violence, harassment, deprivation, neglect or mental pressure which reasonably could cause physical pain or injury, or mental anguish or fear.

B. "Adult" means an individual eighteen years of age or older, and or who otherwise qualifies as an adult under New Mexico law, and who is elderly, disabled or handicapped person having impairments which prevents the person from living independently without supportive services.

C. "Adult day care center" means a commercial building licensed pursuant to these regulations, where care, services, and supervision are provided to adults.

D. "Adult day care home" means a private residence licensed pursuant to these regulations where care, services and supervision are provided to adults.

E. "Ambulatory" means a person who is fully mobile and does [need] not the continuing help of a person or object for support (except a walking cane).

F. "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.

G. "Capacity" means the maximum number of participants allowed to be cared for at any one time in the facility.

H. "Deficiencies" means violations of, or failure to comply with, these regulations.

I. "Department" means the New Mexico department of health.

J. "Director" means the person who is in charge of the day to day operation and program of an adult day care center.

K. "Dropin" means an adult who attends the facility on an occasional or unscheduled basis.

L. "Facility" means an private residence or a commercial building licensed pursuant to these regulations where care, services, and supervision are provided to adults.

M. "Governing body" means the individual, agency, group or corporation appointed, elected or otherwise designated in which the ultimate responsibility and authority for the conduct of the facility is vested.

N. "Guardian" means one who has the legal responsibility for the care of a person.

O. "Imminent danger" means a danger which could reasonably be expected to cause death or serious physical harm or illness to participants or staff.

P. "License" means the document issued by the department which constitutes the authority to provide services included within the scope of this rule.

Q. "Licensee" means the person(s) who, or organization which, has an ownership leasehold, or similar interest in the adult day care facility and in whose name a license for a home health agency has been issued and who is legally responsible for compliance with these regulations.

R. Maintenance" means the care of building(s) by keeping them in a repaired and safe condition and the grounds in a safe, sanitary and presentable condition.

S. "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, wheeled platforms, etc.

T. "NMSA" means the New Mexico Statutes Annotated, 1978 compilation and all the revisions and compilations thereof.

U. "Participant" means a person enrolled in an adult day care facility.

V. "Plan of correction" means the plan submitted by the licensee, applicant, or operator addressing how and when deficiencies identified at time of a survey will be corrected.

W. "Policy" means a statement of principle that guides and determines present and future decisions and actions.

X. "Premises" means all parts of the buildings, grounds, equipment and vehicles of a facility licensed pursuant to these regulations.

Y. "Private residence" means the dwelling, where the operator resides on a 24 hour basis, to include provisions for sleeping, eating, bathing, cooking, etc.

Z. "Relative" means husband, wife, mother, father, son, daughter, brother, sister, brother-in-law, sister-in-law, mother-in-law, grandfather, grandmother, half-brothers, includes adoptive, natural and foster parents, grandparents or adult children.

AA. "Respite care" accommodates the family or guardian by providing an alternate place for the participant to stay when the family or guardian needs a rest from the everyday physical and emotional strain of caring for the participant.

BB. "Staff member" means any person who provides direct care, services and supervision to the participants in a facility licensed pursuant to these regulations.

CC. "Supervision" means the direct observation and guidance of adults at all times and requires being physically present with them.

DD. "Survey" means an entry into, and examination of, the facility's premises, records and staff interviews.

EE. "U/L approved" means approved for safety by the national underwriters laboratory.

FF. "Unattended" means a caregiver is not physically present with an adult under care.

GG. "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 for facilities which were in existence at the time these regulations were promulgated, new facilities in existing construction, or for a new or innovative service where the granting of a variance will not create a danger to the health, safety and welfare of adults or staff of a facility, and is at the sole discretion of the licensing authority.

HH. "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 adults and staff are not in danger. Waivers are issued at the sole discretion of the licensing authority.