New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 371 - DEVELOPMENTAL DISABILITIES
Part 2 - REQUIREMENTS FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED
Section 8.371.2.7 - GENERAL DEFINITIONS

A. "Active treatment" means the consistent, aggressive, accountable, and continuous application of competent interactions between caregivers and persons with developmental disabilities whom they serve in structured and unstructured settings alike, directed toward each individual's developmental progress through the life cycle.

B. "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.

C. "Client" means an individual living in and receiving services from an ICF/MR licensed pursuant to these regulations.

D. "Community supports" means community services such as recreational activities, social clubs, religious services, employment services, and transportation, as well as other supportive services that are available to the general population and not designated to serve only persons with disabilities.

E. "Dietitian" means a person eligible or required to be licensed under the New Mexico Nutrition and Dietetics Practice Act, Sections 61-7A-1 through 61-7A-15 NMSA 1978, effective July 1, 1989.

F. "Facility" means a building or buildings in which clients live and ICF/MR services are provided and is licensed or required to be licensed pursuant to these regulations.

G. "Governing body" means the governing authority of a facility which has the ultimate responsibility for all planning, direction, control and management of the activities and functions of a facility licensed pursuant to these regulations.

H. "ICF/MR" means an intermediate care facility that provides food, shelter, health or rehabilitative and active treatment for the mentally retarded or persons with related conditions.

I. "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 year.

J. "Licensee" means the person(s) who, or organization which, has an ownership, leasehold or similar interest in the ICF/MR facility and in whose name a license has been issued and who is legally responsible for compliance with these regulations.

K. "Licensing authority" means the New Mexico health care authority.

L. "NMSA" means the New Mexico Statutes Annotated 1978 compilation and all the revisions and compilations thereof.

M. "Nurse" is an individual who is currently licensed/ registered in the state of New Mexico.

N. "Occupational therapist" is an individual who is eligible for certification by the American occupational therapy association or another comparable body.

O. "Physical therapist" is an individual who is eligible for certification as a physical therapist by the American physical therapy association or another comparable body.

P. "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.

Q. "Policy" means a statement of principle that guides and determines present and future decisions and actions.

R. "Premises" means all parts of buildings, grounds, and equipment of a facility.

S. "Procedure" means the action(s) that must be taken in order to implement a policy.

T. "Psychologist" is an individual who has at least a master's degree in psychology from an accredited school.

U. "Social worker" means a person required to be licensed under the Social Work Practice Act Sections 61-31-1 through 61-31-25 NMSA 1978.

V. "Speech language pathologist or audiologist" is an individual who is eligible for a certificate of clinical competence in speech-language pathology or audiology granted by the American speech-language hearing association or another comparable body or who meets the educational requirements for certification and is in the process of accumulating the supervised experience required for certification.

W. "U/L approved" means approved for safety by the national underwriters laboratory.

X. "Training and habilitation services" means the training and services which are provided to a client intended to aid the intellectual, sensorimotor, and emotional development of that client.

Y. "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 clients or staff of a facility, and is at the sole discretion of the licensing authority.

Z. "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 clients and staff are not in danger. Waivers are issued at the sole discretion of the licensing authority.