Current through Register Vol. 35, No. 6, March 26, 2024
For purposes of these regulations the following shall
apply:
A.
Definitions beginning
with "A":
(1)
"Abuse"
means any act or failure to act performed intentionally, knowingly, or
recklessly that causes or is likely to cause harm to a resident, including but
not limited to:
(a) Physical contact that
harms or is likely to harm a resident of a care facility.
(b) Inappropriate use of physical restraint,
isolation, or medication that harms or is likely to harm a resident.
(c) Inappropriate use of a physical or
chemical restraint, medication or isolation as punishment or in conflict with a
physician's order.
(d) Medically
inappropriate conduct that causes or is likely to cause physical harm to a
resident.
(e) Medically
inappropriate conduct that causes or is likely to cause great psychological
harm to a resident.
(f) An unlawful
act, a threat or menacing conduct directed toward a resident that results and
might reasonably be expected to result in fear or emotional or mental distress
to a resident.
(2)
"Ambulatory" means able to walk without assistance.
(3)
"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.
Definitions beginning with "B": [RESERVED]
C.
Definitions beginning with "C":
[RESERVED]
D.
Definitions beginning with "D":
(1)
"Department" means the New
Mexico department of health.
(2)
"Developmental disability" means mental retardation or a related
condition, such as cerebral palsy, epilepsy or autism, but excluding mental
illness and infirmities of aging, which is:
(a) manifested before the individual reaches
age 22;
(b) likely to continue
indefinitely; and
(c) results in
substantial functional limitations in three or more of the following areas of
major life activity:
(i) self-care;
(ii) understanding and use of
language;
(iii) learning;
(iv) mobility;
(v) self-direction;
(vi) capacity for independent living;
and
(vii) economic
self-sufficiency.
(3)
"Dietitian" means a person
who is eligible for registration as a dietitian by the commission on dietetic
registration of the American dietetic association under its requirements in
effect on January 17, 1982.
(4)
"Direct supervision" means supervision of an assistant by a
supervisor who is present in the same building as the assistant while the
assistant is performing the supervised function.
E.
Definitions beginning with "E":
"Exploitation" of a patient/client/resident consists of the act or
process, performed intentionally, knowingly, or recklessly, of using a
patient/client's property, including any form of property, for another persons
profit, advantage or benefit.
(1)
Exploitation includes but is not limited to:
(a) manipulating the patient/client resident
by whatever mechanism to give money or property to any facility staff or
management member;
(b)
misappropriation or misuse of monies belonging to a resident or the
unauthorized sale, or transfer or use of a patient/client/residents
property;
(c) loans of any kind
from a patient/client/resident to family, operator or families of staff or
operator;
(d) accepting monetary or
other gifts from a patient /client/resident or their family with a value in
excess of $25 and not to exceed a total value of $300 in one year.
(e) All gifts received by facility operators,
their families or staff of the facility must be documented and acknowledged by
person giving the gift and the recipient.
(2)
Exception: Testamentary
gifts, such as wills, are not, per se, considered financial
exploitation.
F.
Definitions beginning with "F":
(1)
"Facility" means a nursing home subject to the requirements of
these regulations.
(2)
"Full-time" means at least an average of 37.5 hours each week
devoted to facility business.
G.
Definitions beginning with "G":
[RESERVED]
H.
Definitions beginning with "H": [RESERVED]
I.
Definitions beginning with
"I":
(1)
"Intermediate care
facility" means a nursing home, which is licensed by the department as
an intermediate care facility to provide intermediate nursing care.
(2)
"Intermediate nursing care"
means a basic care consisting of physical, emotional, social and other
rehabilitative services under periodic medical supervision. This nursing care
requires the skill of a licensed nurse for observation and recording of
reactions and symptoms, and for supervision of nursing care. Most of the
residents have long-term illnesses or disabilities which may have reached a
relatively stable plateau. Other residents whose conditions are stabilized may
need medical and nursing services to maintain stability. Essential supportive
consultant services are provided in accordance with these
regulations.
J.
Definitions beginning with "J":
K.
Definitions beginning with "K":
[RESERVED]
L.
Definitions beginning with "L": [RESERVED]
(1)
"Licensed practical nurse"
means a person licensed as a licensed practical nurse under Section
61-3-1
through Section
61-3-30
NMSA 1978, Nursing Practice Act.
(2)
"Licensee" means the
person(s) who, or organization which, has an ownership, leasehold, or similar
interest in the long term care facility and in whose name a license has been
issued and who is legally responsible for compliance with these
regulations.
M.
Definitions beginning with "M": "Mobile non-ambulatory" means
unable to walk without assistance, but able to move from place to place with
the use of a device such as a walker, crutches, a wheelchair or a wheeled
platform.
N.
Definitions
beginning with "N":
(1)
"Non-ambulatory" means unable to walk without assistance.
(2)
"Non-mobile" means unable to
move from place to place.
(3)
"Nurse" means registered nurse or licensed practical
nurse.
(4)
"Nurse
practitioner (certified)" means a registered professional nurse who
meets the requirements for licensure as established under Sections
61-3-1
through
61-3-30
NMSA 1978, Nursing Practice Act.
O.
Definitions beginning with
"O":
P.
Definitions
beginning with "P":
(1)
"Personal care" means personal assistance, supervision and a
suitable activities program. In addition:
(a)
the services provided are chiefly characterized by the fact that they can be
provided by personnel other than those trained in medical or allied fields. The
services are directed toward personal assistance, supervision, and
protection;
(b) the medical service
emphasizes a preventive approach of periodic medical supervision by the
resident's physician as part of a formal medical program that will provide
required consultation services and also cover emergencies; and
(c) the dietary needs of residents are met by
the provision of adequate general diet or by therapeutic, medically prescribed
diets.
(2)
"Pharmacist" means a person registered as a pharmacist under
Section
61-11-1
NMSA 1978, the Pharmacy Act.
(3)
"Physical therapist" means a person licensed to practice physical
therapy under Sections
61-12D-1
to Section
61-12D-19
NMSA 1978, the Physical Therapy Act.
(4)
"Physician" means a person
licensed to practice medicine or osteopathy as defined by Section
61-6-1 NMSA
1978, the Medical Practice Act, and Sections
61-10-1
through
61-10-21
NMSA 1978, the Osteopathic Medicine Act.
(5)
"Physician's extender" means
a person who is a physician's assistant or a nurse practitioner acting under
the general supervision and direction of a physician.
(6)
"Physician's assistant"
means a person licensed under Section
61-6-7
through
61-6-10
NMSA 1978, the Physician Assistant Act, to perform as a physician's
assistant.
(7)
"Practitioner" means a physician, dentist or podiatrist or other
person permitted by New Mexico law to distribute, dispense and administer a
controlled substance in the course of professional practice.
Q.
Definitions beginning
with "Q": [RESERVED]
R.
Definitions beginning with "R":
(1)
"Registered nurse" means a
person who holds a certificate of registration as a registered nurse under
Section
61-3-1 to
61-3-30
NMSA 1978, the Nursing Practice Act.
(2)
"Resident" means a person
cared for or treated in any facility on a 24-hour basis irrespective of how the
person has been admitted to the facility.
S.
Definitions beginning with "S":
(1)
"Skilled nursing
facility" means a nursing home which is licensed by the department to
provide skilled nursing services.
(2)
"Skilled nursing care" means
those services furnished pursuant to a physician's orders which:
(a) require the skills of professional
personnel such as registered or licensed practical nurses; and
(b) are provided either directly by or under
the supervision of these personnel;
(c) in determining whether a service is
skilled nursing care, the following criteria shall be used:
(i) the service would constitute a skilled
service where the inherent complexity of a service prescribed for a resident is
such that it can be safely and effectively performed only by or under the
supervision of professional personnel;
(ii) the restoration potential of a resident
is not the deciding factor in determining whether a service is to be considered
skilled or unskilled. Even where full recovery or medical improvement is not
possible, skilled care may be needed to prevent, to the extent possible,
deterioration of the condition or to sustain current capacities; and
(iii) a service that is generally unskilled
would be considered skilled where, because of special medical complications,
its performance or supervision or the observation of the resident necessitates
the use of skilled nursing personnel.
(3)
"Specialized consultation"
means the provision of professional or technical advice, such as systems
analysis, crisis resolution or in-service training, to assist the facility in
maximizing service outcomes.
(4)
"Supervision" means at least intermittent face-to-face contact
between supervisor and assistant, with the supervisor instructing and
overseeing the assistant, but does not require the continuous presence of the
supervisor in the same building as the assistant.
T.
Definitions beginning with "T":
"Tour of duty" means a portion of the day during which a shift of
resident care personnel are on duty.
U.
Definitions beginning with "U":
"Unit dose drug delivery system" means a system for the distribution of
medications in which single doses of medications are individually packaged and
sealed for distribution to residents.
V.
Definitions beginning with "V":
"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
residents or staff of a long term care facility, and is at the sole discretion
of the licensing authority.
W.
Definitions beginning with "W": "Waive/waivers" 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 residents and staff are not in danger. Waivers are issued at the
sole discretion of the licensing.
