New Mexico Administrative Code
Title 7 - HEALTH
Chapter 30 - FAMILY AND CHILDREN HEALTH CARE SERVICES
Part 13 - CRISIS TRIAGE CENTERS
Section 7.30.13.7 - DEFINITIONS
Universal Citation: 7 NM Admin Code 7.30.13.7
Current through Register Vol. 35, No. 6, March 26, 2024
A. Definitions beginning with "A":
(1)
"Administrator" means the
person who is delegated the administrative responsibility for interpreting,
implementing, and applying policies and procedures at the crisis triage center.
The administrator is responsible for establishing and maintaining safe and
effective management, control and operation of the CTC and all of the services
provided at the CTC including fiscal management. The administrator must meet
the minimum administrator qualifications in these regulations.
(2)
"Advanced practice registered
nurse" means a registered nurse that includes a certified nurse
practitioner, or a clinical nurse specialist as defined and licensed under the
Nursing Practice Act, as amended, and related regulations, and is currently in
good standing.
(3)
"Applicant" means the individual or legal entity that applies for
a CTC license to provide services in a particular facility. If the applicant is
a legal entity, the individual signing the license application on behalf of the
legal entity must have written legal authority from the legal entity to act on
its behalf and execute the application. The license applicant must be the legal
owner of the entity providing services, but not necessarily the
facility.
B. Definitions beginning with "B": "Basic life support" (BLS) means training and current certification in adult cardiopulmonary resuscitation equivalent to American heart association class C basic life support and in emergency treatment of a victim of cardiac or respiratory arrest through cardiopulmonary resuscitation and emergency cardiac care.
C. Definitions beginning with "C":
(1)
"Caregivers criminal
history screen" means pursuant to the criminal history screening for
Caregivers Act, Section
29-17-1 through Section
29-17-5 NMSA 1978, the process for
health facilities and medicaid home and community-based waiver providers to
complete a caregiver criminal history screening for all caregivers no later
than 20 calendar days after the employment hire date. The screening or
background check includes the submission of fingerprints required for obtaining
state and federal criminal history used to conduct the fitness determination.
The caregiver's criminal history screening program receives and processes
background check applications for criminal history screenings from care
providers in the state of New Mexico. Caregivers may be prohibited from
employment if the caregiver has a disqualifying condition.
(2)
"Chemical restraint" means a
drug or medication when it is used as a restriction to manage a client's
behavior or restrict a client's freedom of movement and is not a standard
treatment or dosage for a client's condition. If a drug or medication is used
as a standard treatment to address the assessed current symptoms and needs of a
client with a particular medical or psychiatric condition, its use is not
considered a chemical restraint.
(3)
"CLIA" means clinical
laboratory improvement amendments of 1988 as amended.
(4)
"Client" means any person
who receives care at a crisis triage center.
(5)
"Compliance" means the CTC's
adherence to these regulations, as well as all other applicable state and
federal statutes and regulations. Compliance violations may result in
sanctions, civil monetary penalties and revocation or suspension of the CTC
license.
(6)
"Crisis
stabilization services" means behavioral health services that are
provided to help the client return his baseline level of functioning before the
crisis.
(7)
"Crisis triage
center" means a health facility that:
(a) is licensed by the department of health;
and
(b) provides stabilization of
behavioral health crises and may include residential and nonresidential
stabilization.
(8)
"CYFD" means the New Mexico children youth and families
department.
(9)
"CYFD
criminal records and background checks" means pursuant to the Criminal
Offender Employment Act, Section
28-2-1 to Section
28-2-6 NMSA 1978, the New Mexico
Children's and Juvenile Facility Criminal Records Screening Act, Section
32A-15-1 to Section
32A-15-4 NMSA 1978, amended, and
8.8.3 NMAC, the process of conducting a nationwide criminal history records
check, background check and employment history verification on all operators,
staff and employees and prospective operators, staff and employees of treatment
facilities and programs with the objective of protecting children/youth and
promoting the children's/youth's safety and welfare while receiving service
from the facilities and programs. The process shall include submission of
electronic fingerprints for those individuals to the department of public
safety and the federal bureau of investigation for the purpose of conducting a
criminal history and background check; identification of information in
applicants' background bearing on whether they are eligible to provide
services; a screening of CYFD's information databases in New Mexico and in each
state where the applicant resided during the preceding five years; and any
other reasonably reliable information about an applicant in order to identify
those persons who pose a continuing threat of abuse or neglect to care
recipients in settings to which these regulations apply.
D. Definitions beginning with "D":
(1)
"Deficiency"
means a violation of or failure to comply with any provision(s) of these
regulations.
(2)
"Department" means the New Mexico department of health.
E. Definitions beginning with "E": "Employee" means any person who works at the CTC and is a direct hire of the owner entity or management company, if applicable.
F. Definitions beginning with "F": "Facility" means the physical premises, building(s) and equipment where the crisis triage center services are provided, whether owned or leased and which is licensed pursuant to these regulations.
G. Definitions beginning with "G": [RESERVED]
H. Definitions beginning with "H":
(1)
"High risk
behavior" means behaviors that place clients, staff or visitors'
physical and mental health and safety at risk.
(2)
"HSD" means the New Mexico
human services department.
I. Definitions beginning with "I":
(1)
"Incident" means
any known, alleged or suspected event of abuse, neglect, exploitation, injuries
of unknown origin or other reportable incidents.
(2)
"Incident management system"
means the written policies and procedures adopted or developed by the CTC for
reporting abuse, neglect, exploitation, injuries of unknown origin or other
reportable incidents.
(3)
"Incident report form" means the reporting format issued by the
department for the reporting of incidents or complaints.
J. Definitions beginning with "J": [RESERVED]
K. Definitions beginning with "K": [RESERVED]
L. Definitions beginning with "L":
(1) "Level III.7-D:
Medically monitored inpatient detoxification" means the types of
detoxification services described by American Society of Addiction Medicine
(ASAM) in its Patient Placement Criteria, Second Edition,
Revised (PPC-2R) Level III &-D includes 24-hour medically
supervised detoxification services requiring 24-hour nursing care and physician
visits as necessary, unlikely to complete detox, without medical, nursing
monitoring and more intensive detoxification services.
(2)
"Licensee" means the
person(s) or legal entity that operates the CTC and in whose name the CTC
license has been issued and who is legally responsible for compliance with
these regulations.
(3)
"Licensing authority" means the New Mexico department of
health.
(4)
"Licensed mental
health professional" means a psychologist, social worker, physician,
psychiatrist, physician assistant, registered nurse, practical nurse, advanced
practice registered nurse, each shall have behavioral health training and shall
be licensed in the state of New Mexico.
M. Definitions beginning with "M": "Management company" means the legal entity that manages the CTC program, if different from the legal owner of the facility.
N. Definitions beginning with "N":
(1)
"NFPA" means the
national fire protection association which sets codes and standards for fire
and life safety. NFPA 101 and related standards, current edition as required by
the department.
(2)
"NMSA" means the New Mexico Statutes Annotated 1978 compilation
and all subsequent amendments, revisions and compilations.
O. Definitions beginning with "O":
(1) "Onsite medical
professional" means in this regulation a registered nurse, emergency
medical service provider, emergency medical technician, licensed practical
nurse, medical assistant, mental health technician, and certified nurse
assistant.
(2)
"Outpatient
services" means immediate crisis stabilization services provided to
clients who are not admitted to the residential setting. Outpatient crisis
stabilization services are not ongoing behavioral health treatment
services.
P. Definitions beginning with "P":
(1)
"Physical restraint" means
the use of physical force, consistent with state and federal laws and
regulations, without the use of any device or material that restricts the free
movement of all or a portion of a body, but does not include: briefly holding a
client in order to calm or comfort the client; holding a client's hand or arm
to escort the client safely from one area to another; or intervening in a
physical fight.
(2)
"Physician" means a licensed individual, currently in good
standing, authorized to practice medicine as defined and licensed under the New
Mexico Medical Practice Act, Section
61-6-1 to Section
61-6-34 NMSA 1978, as amended, and
related regulations or osteopathic medicine as defined and licensed under
Section 61-10-1 to Section
61-10-22 NMSA 1978, as amended,
and related regulations.
(3)
"Physician's assistant" means an individual, currently in good
standing, who is licensed and authorized to provide services to patients under
the supervision and direction of a licensed physician under the Physician
Assistant Act, Section
61-6-7 to Section
61-6-10 NMSA 1978, as amended and
related regulations, or is authorized and licensed to provide services to
patients under the supervision and direction of a licensed osteopathic
physician under the Osteopathic Physicians' Assistants Act, Section
61-10A-1 to Section
61-10-7 NMSA 1978 as amended, and
related regulations.
(4)
"Plan of correction" (POC) means the plan submitted by the
licensee or its representative(s) addressing how and when deficiencies
identified through a survey or investigation will be corrected. A plan of
correction is a public record once it has been approved by the regulatory
authority and is admissible for all purposes in any adjudicatory hearing and
all subsequent appeals relating to a CTC license, including to prove licensee
compliance violations or failures.
(5)
"Policy" means a written
statement that guides and determines present and future CTC decisions and
actions.
(6)
"Premises" means all of the CTC including buildings, grounds and
equipment.
(7)
"Primary
source verification" means the act of obtaining credentials directly
from the original or primary source(s).
(8)
"Procedure" means the
action(s) that must be taken in order to implement a written policy.
Q. Definitions beginning with "Q":
(1)
"Quality
assurance" means the CTC's on-going comprehensive self-assessment of
compliance with these regulations and other applicable statutes and
regulations.
(2)
"Quality
committee" means a committee comprised at a minimum of the
administrator, clinical director, director of nursing, licensed mental health
professional, and psychiatrist. Other committee members may be specified by
rules governing payor requirements. The committee shall establish and implement
quality assurance and quality improvement systems that monitor and promote
quality care to clients.
(3)
"Quality improvement system" means systematic and continuous
actions that lead to measurable improvement in services and focus on reduction
and stabilization of crises for clients.
R. Definitions beginning with "R":
(1)
"Registered
nurse" means an individual, currently in good standing, who is licensed
and authorized to provide nursing services under the Nursing Practice Act,
Section 61-3-1 to Section
61-3-30 NMSA 1978, as amended, and
related regulations.
(2)
"Residential services" means any crisis stabilization services
provided to a client admitted to the residential setting.
(3)
"Restraint clinician" means
a New Mexico licensed medical doctor, doctor of osteopathy, advanced practice
registered nurse, clinical nurse specialist, physician assistant or doctoral
level psychologist (Psy.D., Ph.D., or E.D.), who is trained in the use of
emergency safety interventions.
S. Definitions beginning with "S":
(1)
"Sanitize
clothes" means the use of water at a temperature of 212 degrees or use
of a disinfectant agent to wash clothes.
(2)
"Scope of practice" means
the procedures, actions, and processes that a healthcare practitioner is
permitted to undertake under the terms of their professional license. The scope
of practice is limited to that which the applicable law allows for specific
education, training, experience and demonstrated competency.
(3)
"Seclusion" means the
involuntary confinement of a client alone in a room where the client is
physically prevented from leaving.
(4)
"Short-term residential
stay" means the limit of a client's stay is eight days for the
residential setting.
(5)
"Staff" means any person who works at the CTC, and includes
employees, contracted persons, independent contractors and volunteers who
perform work or provide goods and services at the CTC.
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":
(1)
"Variance" means
a written decision, made at the licensing authority's sole discretion, to allow
a CTC to deviate from a portion(s) or a provision(s) of these regulations for a
period that expires upon remodel of the CTC or change of ownership, providing
the variance does not jeopardize the health, safety or welfare of the CTC's
clients, visitors and staff and is not in violation of other applicable state
and federal statutes and regulations. A variance can be renewed upon approval
of the licensing authority. A variance may be revoked at the discretion of the
licensing authority due to changes in state or federal regulations and
statutes, or change of circumstances that may jeopardy the health, safety or
welfare of clients.
(2)
"Violation" means all actions or procedures by the CTC or licensee
that are not in compliance with these regulations and all other applicable
state and federal statutes and regulations.
W. Definitions beginning with "W":
(1)
"Waiver" means a
written decision, made at the licensing authority's sole discretion, to allow a
CTC to deviate from a portion(s) or a provision(s) of these regulations for a
limited and specified time period not to exceed the duration of the license,
providing the waiver does not jeopardize the health, safety or welfare of the
CTC's clients, visitors and staff and is not in violation of other applicable
state and federal statutes and regulations. A waiver can be renewed on an
annual basis upon approval of the licensing authority. A waiver may be revoked
at the discretion of the licensing authority due to changes in state or federal
regulations, or change of circumstances that may jeopardy the health, safety or
welfare of clients.
(2)
"Withdrawal management" means the immediate psychological
stabilization, diagnosis and treatment of a client who is intoxicated,
incapacitated, or experiencing withdrawal of alcohol or drugs.
X. Definitions beginning with "X": [RESERVED]
Y. Definitions beginning with "Y":
(1)
"Youth" means residents 14
years of age and older up to age 18.
(2)
"Youth staff" means a person
who has contact with youth in a licensed facility and includes the owner,
operator or director of a program, volunteers, full-time, part-time, and
contract employees.
Z. Definitions beginning with "Z": [RESERVED]
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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