New Mexico Administrative Code
Title 7 - HEALTH
Chapter 13 - ADULT DAY CARE
Part 2 - REQUIREMENTS FOR ADULT DAY CARE FACILITIES
Section 7.13.2.8 - TYPES OF FACILITIES AND SCOPE OF SERVICES
Current through Register Vol. 35, No. 6, March 26, 2024
A. Adult day care center is a facility required to be licensed pursuant to these regulations which provides care, services and supervision to three (3) or more adults, who because of diminished mental or physical capacity find it difficult to care for themselves in their own residence during the day. An adult day care center may be located in any building which meets the applicable state and local building and safety codes.
B. Adult day care home is private residence required to be licensed pursuant to these regulations which provides care, services and supervision to at least three (3) adults but not more than five (5) adults who because of diminished mental or physical capacity find it difficult to care for themselves in their own residence during the day.
C. New or innovative programs for providing adult day care: Professional organizations which have demonstrated a need for new or innovative services for day care for three (3) or more adults with special needs which do not fit into one of the types of facilities outlined in Section 8.1 and 8.2 [now Subsections A and B of 7.13.2.8 NMAC] above may be licensed at the sole discretion of the licensing authority, if all requirements outlined in Section 9 [now 7.13.2.9 NMAC] are met.
D. These facilities must be able to provide oversight to the participants such as reminding them of medications and appointments, providing meals and monitoring their activities while on the premises of the facility. Hours of operation are limited from 6 a.m. to 9 p.m.
E. Participants must be able to ambulate on their own or in a wheelchair with minimal assistance. They must be ambulatory or mobile non-ambulatory.
F. In the event federal regulations are promulgated to govern health-related adult day care ("the medical model"), these regulations shall continue to apply except to the extent a provision of these regulations is in conflict with the federal, in which case the federal regulation shall control.
