N.M. Admin. Code § 8.370.15.7

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

Section 8.370.15.7 - DEFINITIONS

A."Abuse" means

(1) knowingly, intentionally and without justifiable cause inflicting physical pain, injury or mental anguish, and includes sexual abuse and verbal abuse; or

(2) the intentional deprivation by a caretaker or other person of services necessary to maintain the mental and physical health of a person, or injury, sexual abuse, or neglect resulting in harm of an individual resident.

B."Amended license" means an amended license issued due to a change of manager name, location, capacity, or classification of any units.

C."Activities of daily living (ADLs)" as per 42 CFR Section 441.505 2016 "means basic personal everyday activities including, but not limited to, tasks such as eating, toileting, grooming, dressing, bathing, and transferring".

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

E."Applicant" means the individual who, or organization which, applies for a license.

F."Assisted living facility" as per 8.370.14 NMAC means, a health facility operated for the care of two or more adults who need or desire assistance with one or more activities of daily living.

G."Bed" means a piece of furniture which is used as a place to sleep. A bed is a cushioned mattress on a bed frame, the mattress resting on a solid base of wood slats or a box spring inner sprung base.

H."Boarding home" means any facility that is required to be licensed by the health care authority, that provides assistance with one or more instrumental activities of daily living or assistance with the coordination of community services, for two or more adults age 18 or older, not related to the owner, that admits residents discharged from any mental or behavioral health care institution.

I."Care and supervision" means any one or more of the following activities provided by a person or boarding home to meet the needs of the residents:

(1) Limited assistance with self-administered medication.

(2) Central storing or distribution of medications, as specified in 16.19.11 NMAC as per the requirements for a boarding and residential care home defined as a licensed custodial care facility by the board of pharmacy.

(3) Arrangement of and assistance with obtaining medical and dental care.

(4) Maintenance of house rules for the protection of residents.

(5) Supervision of resident schedules and activities.

(6) Maintenance or supervision of resident's cash resources or property, money management.

(7) Monitoring food intake or special diets.

(8) Providing basic services, such as, preparing meals, shopping, housework, using a phone or other technology, or assisting with filling out a job application.

J."Dormitory" means a space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single management, as in college dormitories or fraternity houses.

K."Instrumental activities of daily living (IADLs)" as per 42 CFR Section 441.505, "means activities related to living independently in the community, including but not limited to, meal planning and preparation, managing finances, shopping for food, clothing, and other essential items, performing essential household chores, communicating by phone or other media, and traveling around and participating in the community".

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

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

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

O."Limited assistance with self-administered medication" means the individual is capable to self-administer their medication or treatment, but may need cues, reminders or prompts or assistive technology to self-administer their medications. It may include assisting (if needed) with opening of a medication container for the resident and other assistance not involving medication administration. Limited assistance with self-administered medication is not the same as medication administration, which requires a registered nurse (RN) to perform or a certified medication assistant (CMA) under RN supervision who follows board of nursing regulations Section 16.12.5.10 NMAC.

P."Manufactured home" means any home factory-built pursuant to the 24 CFR part 3280 manufactured home construction and safety standards (commonly known as 'the HUD-code') and built on a permanent chassis to ensure transportability.

Q."Medication administration" means a process whereby a prescribed drug or biological agent is given to a patient/client by a person licensed or certified by the board (board of nursing) to administer medications; as set forth in Paragraph (2) of Subsection A of 16.12.2.7 NMAC.

R."Misappropriation of property" means the deliberate misplacement, misappropriation of residents' property, or wrongful, temporary or permanent use of a resident's belongings or money without the resident's' consent.

S."Modular home" means any home factory-built pursuit to the New Mexico regulation and licensing department construction industries regulations, 14.12.1 through 14.12.11 NMAC.

T."Mobile home" means a prefabricated residential structure, built in a factory on a permanently attached chassis before being transported to site (either by being towed or on a trailer), and used permanently or semi-permanently in one place in accordance with 14.12.1 through 14.12.11 NMAC.

U."Needs and services plan" means a written comprehensive plan, that identifies all needs and services for a resident.

V. "Neglect" means the failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness, subject to a person's right to refuse treatment and subject to a provider's right to exercise sound medical discretion, the failure of an employee to provide basic needs such as clothing, food, shelter, supervision, protection and care for the physical and mental health of a person or failure by a person that may cause physical or psychological harm. Neglect includes the knowing and intentional failure of an employee to reasonably protect a recipient of care or services from nonconsensual, inappropriate or harmful sexual contact, including such contact with another recipient of care or services.

W."Non-transient" means occupancy of a dwelling unit or sleeping unit for more than 30 days. See also; resident.

X."Owner" means the individual who, or organization which, applies for a license. If the owner is an organization, then the individual signing the application on behalf of the organization, must have authority to submit the application from the organization. The owner is also known as the applicant.

Y."Personal care services" means assistance with instrumental activities of daily living.

Z."Pharmacist" means a person licensed under the pharmacy act, Sections 61-11-1 to 6111-29, NMSA 1978.

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

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

CC."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.

DD."Resident" means an individual receiving services and residing in the licensed boarding home.

EE."Resident safety plan" means the required plan of action to be taken by a boarding home to ensure resident health and safety in case of accidents or emergencies involving environmental hazards, behavioral incidents involving residents, and third-party acts of violence.

FF."Restraint" means any physical or chemical restraints which restrict freedom of movement or is used for discipline or for the convenience of the boarding home. This includes any article, device, or garment which is used primarily to modify resident behavior by interfering with the free movement of the resident, and which the resident is unable to remove easily, or confinement in a locked room or chemical restraint, which means a medication used primarily to modify behavior by interfering with the resident's freedom of movement or mental alertness. Mechanical supports shall not be considered physical restraints when used pursuit to the residents needs and supports care plan.

GG."Transient" means occupancy of a dwelling unit or sleeping unit for not more than 30 days.

HH."Variance" means a decision that is made at the discretion of the licensing authority to allow a boarding home to deviate from a portion(s) or to modify a provision of this rule for an unspecified period of time, provided that the health, safety, or welfare of the residents and staff are not in danger.

II."Waive or waiver" means a decision that is made at the discretion of the licensing authority to allow a boarding home to deviate from a portion(s) or to modify a provision of this rule for a limited and specified period of time, provided that the health, safety, or welfare of the residents and staff are not in danger.

N.M. Admin. Code § 8.370.15.7

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