Current through Register Vol. 35, No. 6, March 26, 2024
A.
Reports
and records. Each facility shall keep the following reports, records,
policies and procedures on file at the facility and make them available for
review upon request by the licensing authority, residents, potential residents
or their surrogate decision makers:
(1) fire
inspection report;
(2) zoning
approval;
(3) building official
approval (certificate of occupancy);
(4) a copy of the approved building
plans;
(5) a copy of the most
recent survey conducted by the licensing authority, to include adverse actions
or appeals and complaints;
(6) for
facilities with food establishments/kitchens that require a permit from the
local health authority that has jurisdiction, a copy of the current inspection
report in accordance with the applicable, municipal, or federal laws and
regulations and pursuant to Subsection B of 7.6.2.8 NMAC, regarding kitchen and
food management; if a facility is considered a licensed private home and not
required to meet specific requirements by the local health authority, a copy of
that determination must also be maintained;
(7) where necessary, a copy of the liquid
waste disposal and treatment system permit from the local health authority that
has jurisdiction;
(8) thirty (30)
days of menus as planned, including snacks and thirty (30) days of menus as
served, including snacks;
(9)
record of monthly fire drills conducted at the facility and the fire safety
evaluation system (FSES) rating, if applicable;
(10) written emergency plans, policies and
procedures for medical emergencies, power failure, fire or natural disaster;
plans shall include evacuation, persons to be notified, emergency equipment,
evacuation routes, refuge areas and the responsibilities of personnel during
emergencies; plans shall also included a list of transportation resources that
are immediately available to transport the residents to another location in an
emergency; the emergency preparedness plan shall address two types of
emergencies:
(a) an emergency that affects
just the facility; and
(b) a
region/area wide emergency;
(11) a copy of this rule, Requirements for
Assisted Living Facilities for Adults, 7.8.2 NMAC);
(12) for facilities with two or more
residents (that are not related to the owner), a valid custodial drug permit
issued by the NM board of pharmacy, that supervise administration and
self-administration of medications or safeguards with regard to medications for
the residents; and
(13) vaccination
records for pets in the facility.
B.
Reports and records. Each
facility shall keep the following reports, records, policies and procedures on
file at the facility and make them available for review upon request by the
licensing authority:
(1) a copy of the
facility license;
(2) employee
personnel records, including an application for employment, training records
and personnel actions:
(a) caregiver criminal
history screening documentation pursuant to 7.1.9 NMAC;
(b) employee abuse registry documentation
pursuant to 7.1.12 NMAC; and
(3) a copy of all waivers or variances
granted by the licensing authority.
C.
Rules. Prior to admission to
a facility a prospective resident or his or her representative shall be given a
copy of the facility rules. Each facility shall have written rules pertaining
to resident's rights and shall include the following:
(1) resident use of tobacco and
alcohol;
(2) resident use of
facility telephone or personal cell phone;
(3) resident use of television, radio, stereo
and cd;
(4) the use and safekeeping
of residents' personal property;
(5) meal availability and times;
(6) resident use of common areas;
(7) accommodation of resident's pets;
and
(8) resident use of electric
blankets and appliances.
D.
Policies and procedures. All
facilities shall have written policies and procedures covering the following
areas:
(1) actions to be taken in case of
accidents or emergencies;
(2)
policy and procedure for updating and consolidating the residents current
physician or PCP orders, treatments and diet plans every six (6) months or when
a significant change occurs, such as a hospital admission;
(3) policy for medication errors;
(4) method of staying informed when residents
are away from the facility (e.g., sign-out sheets or other record indicating
where the resident will be, cell phone contact, etc.);
(5) the handling of resident's funds, if the
facility provides such services;
(6) reporting of incidents, including abuse,
neglect and misappropriation of property, injuries of unknown cause,
environmental hazards and law enforcement interventions in accordance with
7.1.13 NMAC;
(7) reporting and
investigating internal complaints;
(8) reporting and investigating complaints to
the incident management bureau;
(9)
staff and resident fire and safety training;
(10) smoking policy for staff, residents and
visitors;
(11) the facility's bed
hold policy;
(12) admission
agreement;
(13) admission
records;
(14) resident records
including maintenance and record retention if the facility closes;
(15) program narrative;
(16) resident's rights with regard to making
health care decisions and the formulation of advance directives;
(17) personnel policies;
(18) identifying and safeguarding resident
possessions;
(19) securing medical
assistance if a resident's own physician is not available;
(20) staff training appropriate to staff
responsibilities;
(21) staff
training for employees who provide assistance to residents with boarding or
alighting from motor vehicles and safe operation of motor vehicles to transport
residents;
(22) witnessed
destruction of unused, outdated or recalled medication by the facility
administrator with the consulting pharmacist present; and
(23) mealtimes, daily snacks, menus, special
diets, resident's personal preference for eating alone or in the dining room
setting.