N.M. Admin. Code § 8.370.18.10

Current through Register Vol. 35, No. 23, December 10, 2024
Section 8.370.18.10 - INITIAL LICENSURE PROCEDURES

To obtain an initial license for a facility pursuant to these regulations the following procedures must be followed by the applicant.

A.Initial Phase: These regulations should be thoroughly understood by the applicant and used as a reference for design of a new building or renovation or addition to an existing building for licensure as a facility pursuant to these regulations. Prior to starting construction, renovations or additions to an existing building the applicant of the proposed facility shall:
(1) advise the licensing authority of intention to open a facility pursuant to these regulations and depending on the type of facility submit the following:
(a) ambulatory surgical centers, diagnostic and treatment centers, rural health clinics and infirmaries will submit a complete set of construction documents (blueprints) for the total building;
(b) limited diagnostic and treatment centers will submit a set of floor plans for the building which must be of professional quality, be on substantial paper of at least 18" x 24", and be drawn to an accurate scale of 1/4" to 1'; these plans must include:
(i) proposed use of each room e.g., waiting room, examination room, office, etc.;
(ii) interior dimensions of all rooms;
(iii) one building or wall section showing exterior and interior wall construction; section must include floor, wall, ceiling, and the finishes, e.g., carpet, tile, gyp board with paint, wood paneling;
(iv) door types, swing, and sizes of all doors, e.g. solid core, hollow core, 3'0" x 6'8", 1 3/4" thick;
(v) if building is air conditioned;
(vi) indicate all sinks, tubs, showers;
(vii) indicate furnaces, and hot water heaters and if fuel fired, or electric;
(viii) indicate windows to include size and type;
(ix) indicate any level changes within the building e.g. steps or ramps;
(x) indicate fire extinguishers, heat and smoke detectors and alarm systems;
(xi) locate the building on a site/plot plan to determine surrounding conditions, include all steps, ramps, parking areas, walks, and any permanent structures;
(xii) indicate on plans if building is new construction, remodeled or alteration, or an addition; if remodeled or an addition indicate existing and new construction on the plans;
(2) the proposed facility must also submit to the licensing authority a functional program outline that provides the following information:
(a) scope of services to be provided by the proposed facility;
(b) projected number of patients to be served daily;
(c) number of staff and duties to be performed;
(d) services that will be contracted or arranged with another health provider i.e.; x-ray, laboratory, etc.;
(e) number of examination rooms, operating rooms, treatment rooms, and other rooms for diagnostic use such as x-ray, laboratory, etc.;
(3) new or innovative outpatient services will also submit a proposal to the licensing authority for review and approval; the proposal must include at least the following:
(a) information supporting the need for a special type of outpatient service;
(b) explanation of the special problems and needs of the patients who will be receiving services;
(c) specify portions of these regulations with which the new or innovative outpatient services would be in conflict;
(d) information on how the proposed facility would resolve these conflicts with alternative measures which would meet the intent of these regulations, e.g., increased staffing or fire and safety precautions;
(4) if at its sole discretion the licensing authority approves the proposal for the new or innovative outpatient services, a license may be granted with variances for those portions of the regulations with which the program would be in conflict;
(5) blueprints or floor plans will be reviewed by the licensing authority for compliance with current licensing regulations building and fire codes;
(6) if blueprints or plans are approved the licensing authority will advise the applicant that construction may begin.
B.Construction phase: During the construction of a new building or renovations or additions to an existing building the applicant must coordinate with the licensing authority and submit any changes to the blueprints or plans for approval before making such changes.
C.Licensing phase: Prior to completion of construction, renovation or addition to an existing building the applicant will submit to the licensing authority the following:
(1) Application form:
(a) will be provided by the licensing authority;
(b) all information requested on the application must be provided;
(c) will be printed or typed;
(d) will be dated and signed;
(e) will be notarized.
(2) Fees: all applications for licensure must be accompanied by the required fee.
(a) Current fee schedules will be provided by the licensing authority.
(b) Fees must be in the form of a certified check, money order, personal, or business check made payable to the state of New Mexico.
(c) Fees are non refundable.
(3) Zoning and building approval:
(a) All initial applications must be accompanied with written zoning approval from the appropriate authority (city, county or municipality).
(b) All initial applications must be accompanied with written building approval (certificate of occupancy) from the appropriate authority (city, county, or municipality).
(4) Fire authority approval: all initial applications must be accompanied with written approval of the fire authority having jurisdiction.
(5) New Mexico environment department approval: all initial applications must be accompanied by written approval of the New Mexico environment department for the following:
(a) private water supply, if applicable;
(b) private waste or sewage disposal, if applicable;
(c) kitchen approval for infirmaries if meals are prepared on site;
(d) x-ray installation, if applicable.
(6) Copy of appropriate drug permit issued by the state board of pharmacy.
D.Initial survey: Upon receipt of a properly completed application with all supporting documentation as outlined above an initial survey of the proposed facility will be scheduled by the licensing authority.
E.Issuance of license: Upon completion of the initial survey and determination that the facility is in compliance with these regulations the licensing authority will issue a license.

N.M. Admin. Code § 8.370.18.10

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