New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS
Part 16 - REQUIREMENTS FOR LONG TERM CARE FACILITIES
Section 8.370.16.7 - DEFINITIONS

Universal Citation: 8 NM Admin Code 8.370.16.7

Current through Register Vol. 35, No. 18, September 24, 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) "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.

(2) "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) "Fulltime" 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 authority 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": [RESERVED]

K. Definitions beginning with "K": [RESERVED]

L. Definitions beginning with "L":

(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": [RESERVED]

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 61-1021 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 61-67 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 authority 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.

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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