Current through Register Vol. 35, No. 18, September 24, 2024
For purposes of these regulations the following shall
apply.
A.
"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:
(1) physical contact that harms or is likely
to harm a resident of a health facility;
(2) inappropriate use of a physical
restraint, isolation, or medication that harms or is likely to harm a
resident;
(3) inappropriate use of
a physical or chemical restraint, medication, or isolation as punishment or in
conflict with a physician's order;
(4) medically inappropriate conduct that
causes or is likely to cause physical harm to a resident;
(5) medically inappropriate conduct that
causes or is likely to cause great psychological harm to a resident;
(6) 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.
B.
"Exploitation" of a resident consists of the act or process,
performed intentionally, knowingly, or recklessly, of using a resident's
property for another person's profit, advantage or benefit without legal
entitlement to do so.
C.
"Serious physical harm" means physical harm of a type that causes
a temporary or permanent physical loss of a bodily member or organ or
functional loss of a bodily member or organ or of a major life
activity.
D.
"Serious
psychological harm" means psychological harm that causes a temporary or
permanent mental or emotional incapacitation or that causes an obvious
behavioral change or obvious physical symptoms or that requires psychological
or psychiatric treatment or care.
E.
"Health facility" means any
health care entity identified in the Public Health Act which requires state
licensure in order to provide health services.
F.
"Intermediate sanction" means
a measure imposed on a facility for a violation(s) of applicable licensing laws
and regulations other than license revocation, suspension, denial of renewal of
license or loss of certification.
G.
"Licensing authority" means
the New Mexico health care authority.
H.
"Neglect" means subject to
the resident's right to refuse treatment and subject to the caregiver's right
to exercise sound medical discretion, the grossly negligent:
(1) failure to provide any treatment,
service, care, medication or item that is necessary to maintain the health or
safety of a resident;
(2) failure
to take any reasonable precaution that is necessary to prevent damage to the
health or safety of a resident;
(3)
failure to carry out a duty to supervise properly or control the provision of
any treatment, care, good, service or medication necessary to maintain the
health or safety of a resident.
I.
"Class A deficiency" means:
(1) any abuse or neglect of a patient,
resident, or client by a facility employee or for which the facility is
responsible which results in death, or serious physical or psychological harm;
or
(2) any exploitation of a
patient, resident, or client by a facility employee or for which the facility
is responsible in which the value of the property exceeds $1,500; or
(3) a violation or group of violations of
applicable regulations, which results in death, serious physical harm, or
serious psychological harm to a patient, resident, or client.
J.
"Class B
deficiency" means:
(1) any abuse or
neglect of a patient, resident, or client by a facility employee or for which
the facility is responsible; or
(2)
any exploitation of a patient, resident, or client by a facility employee or
for which the facility is responsible in which the value of the property
exceeds $100, but is less than $1,500; or
(3) a violation or group of violations of
applicable regulations which present a potential risk of injury or harm to any
patient, resident or client.
K.
"Class C deficiency" means:
(1) a violation or a group of violations of
applicable regulations as cited by surveyors from the licensing authority which
have the potential to cause injury or harm to any patient, resident or client
if the violation is not corrected; or
(2) any exploitation of a patient, resident,
or client by a facility employee in which the value of the property was less
than $100.
