N.M. Admin. Code § 8.370.12.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.370.12.7 - DEFINITIONS

A."Abuse" means injury, sexual misuse, or neglect resulting in harm of an individual patient.

B."Acute-care hospital" means a hospital providing emergency services, in-patient medical and nursing care for acute illness, injury, surgery or obstetrics; ancillary services such as pharmacy, clinical laboratory, radiology, and dietary are required for acute-care hospitals.

C."Allied health personnel" means persons who are not physicians, podiatrists, psychologists or dentists who may be admitted to practice in the hospital through the medical staff credentialing process, and includes:

(1)"licensed independent practitioner" means an advanced practice professional registered nurse permitted by law to provide care without direction or supervision within the scope of the individual's license and consistent with individually granted privileges; this includes certified nurse midwives, certified nurse practitioners and clinical nurse specialists;

(2)"certified registered nurse anesthetist" means an advanced practice professional registered nurse permitted by law to provide anesthesia care; in an interdependent role as a member of a health care team in which medical care of the patient is directed by a medical physician, osteopathic physician, dentist or podiatrist licensed in the state of New Mexico; the certified registered nurse anesthetist shall collaborate with the medical physician, osteopathic physician, dentist or podiatrist concerning the anesthesia care or the patient; collaboration means the process in which each health care provider contributes their respective expertise;

(3)"physician assistant" means a person licensed as a physician assistant by the New Mexico board of medical examiners, pursuant to Section 61-6-6, NMSA 1978.

D."Amended license" means a change of administrator, name, location, capacity, classification of any units as listed in these requirements requires a new license:

(1) the application shall be on a form provided by the licensing authority;

(2) the application shall be accompanied by the required fee for an amended license; and

(3) the application shall be submitted at least 10 working days prior to the change.

E."Annual net revenue" means, as determined from the hospitals governing board's approved audited financial statement for an annual time period, the hospital's net patient services revenue; net patient services revenue does not include net operating revenue from other sources, such as medical office rental and cafeteria; annual net revenue is determined after deductions for:

(1) contractual allowances;

(2) uncompensated care and bad debt;

(3) charity care; and

(4) annual net revenue excludes other non-operating revenues, including but not limited to, income from endowments, investments, gifts and bequests, and net gain on sale of fixed assess.

F."Annual cost of care" means with respect to the requirements of Section 24-1-5.8 NMSA 1978 (2003), the billed charges of providing emergency services and general health care to nonpaying patients and low-income reimbursed patients.

G."Annual license" means a license issued for a one-year period to a hospital that has met all license prior to the initial state licensing survey, or when the licensing authority finds partial compliance with these requirements.

H."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 the authority to sign for the organization.

I."Audiologist" means a person licensed under the Speech-Language Pathology and Audiology Act, Sections 61-14B-1 to 61-14B-16, NMSA 1978, to practice audiology.

J."Automated medication management system" means an automatic device that compounds. measures, counts, packages and delivers a specified quantity of dosage units for a designated product and which collects, controls and maintains all transaction information.

K."CMS" means center for medicare & medicaid services.

L."Consultant pharmacist" means a person licensed in New Mexico under the Pharmacy Act, Subsection D of Section 6111-2, NMSA 1978, as a consultant pharmacist.

M."Critical access hospital" means a hospital with special characteristics, duly certified as such by centers for medicare and medicaid services (CMS) and is in compliance with the conditions of participation for such facilities; such critical access hospitals are deemed as meeting the intent of these requirements and may be licensed accordingly by the licensing authority.

N."Dentist" means a person licensed to practice dentistry under the Dental Act, Sections 61-5-1 to 61-5-22, NMSA 1978.

O."Dietician" means a person who is eligible for registration as a dietitian by the commission on dietetic registration of the American dietetic association, or who has a baccalaureate degree with major studies in food and nutrition, dietetics, or food service management.

P."Dietetic service supervisor" means a person who:

(1) is a qualified dietitian with one year of supervisory experience in the dietetic service of a health care institution; or

(2) is a graduate of a dietetic technician or dietetic assistant training program, approved by the American dietetic association and has consultation from a qualified dietitian; or

(3) is a graduate of a state-approved course that provided 90 or more hours of classroom instruction in food service supervision and has experience as a supervisor in a health care institution with consultation from a dietitian; if the supervisor is not a qualified dietitian then consultation from a qualified dietician must be provided.

Q."Distinct emergency service" means an emergency distinct department that provides a medical screening examination and treatment of a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain, psychiatric disturbances or symptoms of substance abuse) that requires immediate medical attention.

R."Drill" means the practice of a planned activity at full dress intensity.

S."Emergency care for sexual assault survivors" means medical examinations, procedures and services provided by a hospital to a sexual assault survivor following an alleged sexual assault.

T."Emergency contraception" means a drug approved by the federal food and drug administration that prevents pregnancy after sexual intercourse.

U."Emotional abuse" means verbal behavior, harassment, or other actions that result in emotional or behavioral problems, physical manifestations, disordered or delayed development.

V."Exercise" means the practice of a planned activity at less than full-dress intensity.

W."Financial interest" means any equity, security, lease or debt interest in the hospital; financial interest also includes any equity, security, and lease or debt interest in any real property used by the hospital or in any entity that receives compensation arising from the use real property by the hospital.

X."Health physicist" means a person holding a master's degree or doctorate in an appropriate discipline of radiologic physics or who has equivalent education and experience.

Y."Hospital" means a facility offering in-patient services, nursing, overnight care on a 24-hour basis for diagnosing, treating, and providing medical, psychological or surgical care for three or more separate individuals who have a physical or mental illness, disease, injury, a rehabilitative condition or are pregnant; use of the term "hospital" for any facility not duly licensed according to these requirements is prohibited; any acute care hospital shall have emergency services, inpatient medical and nursing care for acute illness, injury, surgery, and obstetrics; any limited services hospital shall have emergency services, inpatient medical and nursing care for acute illness, injury and surgery; ancillary services such as pharmacy, clinical laboratory, radiology, and dietary are required for acute-care or limited service hospitals.

Z."Long term acute care hospital" means a hospital providing long term, in-patient medical care for medically-complex patients whose length of stay averages greater than 25 days; ancillary support services such as pharmacy, clinical laboratory, radiology, and dietary are required for long-term acute-care hospitals.

AA. "Low-income patient" means a patient whose family or household income does not exceed two hundred percent of the most current federal poverty level.

BB. "Rehabilitation hospital" means a special hospital that primarily provides rehabilitative care to inpatients.

CC."Legally authorized person" means a parent of a minor, a court appointed guardian or a person authorized by the patient in accordance with law to act on the patient's behalf.

DD."Licensed practical nurse" means a person licensed as a practical nurse under the Nursing Practice Act, Sections 61-3-1 through 61-3-30, NMSA 1978.

EE."Licensee" means the person(s) who, or organization which, has an ownership, leasehold, or similar interest in the hospital and in whose name a license has been issued and who is legally responsible for compliance with these requirements.

FF."Licensing authority" means the agency within the authority vested with the authority to enforce these requirements.

GG."Limited services hospital" means a hospital that limits admissions according to medical or surgical specialty, type of disease or medical condition, or a hospital that limits its inpatient hospital services to surgical services or invasive diagnostic treatment procedures; a limited services hospital must have emergency services, inpatient medical and nursing care for acute illness, injury, and surgery, and must offer ancillary services including pharmacy, clinical laboratory, radiology, and dietary; a limited services hospital does not include:

(1) a hospital licensed by the authority as a special hospital;

(2) an eleemosynary hospital that does not bill patients for the services provided; and

(3) a hospital that has been granted a license prior to January 1, 2003.

HH."Local community" means with respect to the requirements of Section 24-1-5.8 NMSA 1978 (2003), the New Mexico standard metropolitan statistical area or county in which a limited services hospital or an acute-care hospital applies to be licensed or becomes initially licensed by the authority at any time after January 1, 2003; if the applicant seeks licensure of a facility within the boundaries of a New Mexico standard metropolitan statistical area, the local community for purposes of that application is that standard metropolitan statistical area; if the applicant seeks licensure of a facility not within the boundaries of a New Mexico standard metropolitan statistical area, the local community for purposed of that application is the New Mexico county.

II."Local emergency operations plan" means the all-hazard emergency operations plan maintained by a jurisdiction at the local level that coordinates local level functional plans, hazard specific plans, and response specific plans into an effective and efficient whole.

JJ."Medically and factually accurate and objective" means verified or supported by the weight of research conducted in compliance with accepted scientific methods and standards; published in peer-reviewed journals; and recognized as accurate and objective by leading professional organizations and agencies with relevant expertise in the field of obstetrics and gynecology, such as the American college of obstetricians and gynecologists.

KK."Medical staff" means the hospital's organized component of physicians, podiatrists, psychologists, dentists and allied health personnel who have been appointed by the governing body of the hospital and granted specific privileges for the purpose of providing care for the patients of the hospital.

LL."Misappropriation of property" means the deliberate misplacement, misappropriation of patients' property, or wrongful, temporary or permanent use of a patient's belongings or money without the patients' consent.

MM."National incident management system" means the core set of doctrine, concepts, principles, terminology, and organizational processes, required by homeland security presidential directive 5, that will be used to manage domestic incidents to enable effective, efficient, and collaborative action at all levels.

NN."National response plan" means the single all-hazard incident management plan, required by homeland security presidential directive 5, that addresses the five domains of disaster and emergency management: awareness, prevention, preparedness, response, and recovery and that will govern all disaster and emergency management planning beginning in federal fiscal year 2005 (October 1, 2004-September 30, 2005).

OO."Neglect" means the failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness.

PP."New Mexico state all-hazard emergency operations plan" means the all-hazard emergency operations plan maintained by the state of New Mexico that coordinates state level functional plans, hazard specific plans, and response specific plans with local emergency operations plans into an effective an efficient whole.

QQ."Nonpaying patients" means with respect to the requirements of Section 24-1-5.8 NMSA 1978 (2003), patients whose care is substantially uncompensated, including patients classified as charity care or bad debit.

RR."Nosocomial" means an infection pertaining to or originating in a hospital not present or incubating prior to admittance to a hospital.

SS."Occupational therapist" means a person licensed as an occupational therapist under the Occupational Therapy Act, Sections 61-12A-1 to 61-12A-20, NMSA 1978.

TT."Pharmacist" means a person licensed in New Mexico under the Pharmacy Act, 6111-1 to 61-11-29, NMSA 1978.

UU."Pharmacy" means a place where drugs are compounded or dispensed that is licensed by the New Mexico board of pharmacy.

VV."Physical abuse" means damaging or potentially damaging acts or incidents that result in bodily injury or death.

WW."Physical therapist" means a person licensed to practice physical therapy under the Physical Therapy Act, Sections 61-121 to 61-12-21, NMSA 1978.

XX."Physician" means a person licensed to practice medicine or osteopathy by the New Mexico board of medical examiners, pursuant to Section 61-6-10, NMSA 1978 or the osteopathic medical examiners board pursuant to Sections 61-10-1 through 61-10-21, NMSA 1978.

YY."Physician owner" means a physician, podiatrist, dentist licensed by the New Mexico board of dental health care pursuant to Section 61-5A-12 NMSA 1978, or any other person licensed in New Mexico as a health care practitioner permitted by the hospital to refer, admit or treat hospital patients, and who has a financial interest in the hospital.

ZZ."Podiatrist" means a person licensed to practice podiatry or podiatric medicine and surgery under the Podiatry Act, Sections 61-81 to 61-8-16, NMSA 1978.

AAA."Privileges" means the authorization of the medical staff members to provide care to hospital patients in the area in which the person has expertise as a result of education, training and experience.

BBB."Psychologist" means a person licensed to practice psychology under the Professional Psychologists' Act, Sections 61-9-1 through 61-9-18, NMSA 1978.

CCC."Psychiatric hospital" means a special hospital that primarily provides by or under the supervision of a physician, psychological or psychiatric services for the diagnosis and treatment of mentally ill persons.

DDD."Registered nurse" means a person licensed as a professional registered nurse under the Nursing Practice Act, Sections 613-1 through 61-3-30, NMSA 1978.

EEE."Reporting year" means with respect to the provision of financial, utilization, and services information for the hospital's last full and audited annual accounting period.

FFF."Respiratory care practitioner" means a person who is licensed under the Respiratory Care Act, Sections 61-12B-1 to 61-12B-16, NMSA 1978.

GGG."Sexual assault" means the crime of criminal sexual penetration that may result in pregnancy.

HHH."Sexual assault survivor" means a person who alleges or is alleged to have been sexually assaulted and who presents as a patient to a hospital.

III."Special hospital" means a hospital that treats patients that have a diagnosis-related group classifications for two-thirds of all its patients that fall into no more than two major diagnosis categories, or if at least two-thirds of its patients are classified in a specific diagnosis category; an example of a special hospital is a psychiatric or rehabilitation hospital.

JJJ."Speech pathologist" means a person who is licensed under the Speech-Language Pathology and Audiology Act, Sections 61-14B-1 to 61-14B-16, NMSA 1978 to practice speech language pathology.

KKK."Variance" means an act on the part of the licensing authority to refrain from enforcing compliance with a portion or portions of these requirements for an unspecified period of time where the granting of a variance will not create a danger to the health, safety, or welfare of parents or staff of a hospital and is at the sole discretion of the licensing authority.

LLL."Waive/waiver" means an act on the part of the licensing authority to refrain from enforcing compliance with a portion or portions of these requirements for a limited period of time less than one year, provided the health, safety, or welfare of patients and staff are not in danger; waivers are issued at the sole discretion of the licensing authority.

N.M. Admin. Code § 8.370.12.7

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024