New Mexico Administrative Code
Title 7 - HEALTH
Chapter 36 - DIALYSIS AND KIDNEY FACILITIES AND TRAINING
Part 2 - REQUIREMENTS FOR END STAGE RENAL DISEASE FACILITIES
Section 7.36.2.7 - DEFINITIONS
Current through Register Vol. 35, No. 6, March 26, 2024
For purposes of these regulations the following shall apply:
A. "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. "Deficiency" means a violation of or failure to comply with a provision(s) of these regulations.
C. "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 (1) year.
D. "Licensee" means the person(s) who, or organization which, has an ownership, leasehold or similar interest in the end stage renal disease facility and in whose name a license has been issued and who is legally responsible for compliance with these regulations.
E. "Licensing authority" means the New Mexico department of health.
F. "NMSA" means the New Mexico Statutes Annotated, 1978 compilation, and all the revisions and compilations thereof.
G. "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.
H. "Policy" means a statement of principal that guides and determines present and future decisions and actions.
I. "Procedure" means the action(s) that must be taken in order to implement a policy.
J. "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 patients or staff of a facility, and is at the sole discretion of the licensing authority.
K. "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 patients and staff are not in danger. Waivers are issued at the sole discretion of the licensing authority.
