N.M. Admin. Code § 8.370.14.7 - DEFINITIONS

A. "Abuse" means the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish and is defined in the incident reporting intake, processing & training requirements, 8.370.9 NMAC.

B. "Activities of daily living" (ADLs) means the personal functional activities required by a resident for continued well-being, which include, but are not limited to:

(1) eating;

(2) dressing;

(3) oral hygiene;

(4) bathing;

(5) grooming;

(6) mobility; and

(7) toileting.

C. "Adult" means a person who has a chronological age of 18 years or older.

D. "Assisted living facility" means any licensed facility that meets the requirements and provides services defined by this rule.

E. "Administrator, director, or operator" means the individual who is in charge of the day-to-day operation of the facility and who has the responsibility to ensure facility compliance with this rule.

F. "Advance directives" means the written document signed by a competent person granting someone authority in a power of attorney to make health care decisions for the resident when they are unable to.

G. "Agent" means the resident's surrogate decision maker as applicable to individual resident needs.

H. "Ambulatory" means able to walk without assistance.

I. "Administration of medication" means delivery of medication by a licensed or certified healthcare professional.

J. "Assistance" means prompting, encouragement, or hands-on help with the activities of daily living by another person.

K. "Assistance with medication" means support provided to residents to assist them with medication delivery by non-licensed or non-certified paid staff and does not allow for the assessment of the effects of the medication.

L. "Bathing unit" means a tub and shower or combination unit.

M. "Bed hold" means the facility's policy for retaining a bed or room for a resident during the time that the resident is temporarily absent from the facility; the policy shall include time frames for the bed hold, acceptable conditions for the bed hold and any associated charges.

N. "Capacity" means the maximum number of persons that a facility has been licensed to accommodate.

O. "Census" means the total number of individual residents residing in the facility each day, including relatives who are residents. The facility census shall never exceed the licensed capacity.

P. "Certified medication aide" (CMA) means a person who receives specialized training by the New Mexico board of nursing pursuant to "the Nursing Practice Act," Section 61-3-1 through 61-3-30 NMSA 1978.

Q. "Chemical restraint" means any drug administered for discipline or the convenience of the facility and not required to treat the resident's medical symptoms.

R. "Choice of hospice provider" means a resident and their family or the resident's surrogate decision maker shall be given a list of hospice providers and have the right to choose a hospice provider; the referring party shall disclose any ownership interest in a recommended or listed hospice provider if applicable.

S. "Cognitive status" means the thinking and reasoning ability of the resident to manage his or her own affairs and direct his or her own care.

T. "Consulting pharmacist" means an independent pharmacist hired by a facility to review medications in use, patient records and possible medication errors on a quarterly basis.

U. "Continuous nursing care" means services which are provided to a resident whose medical needs are of such complexity that the services of a nurse are required to assess, regularly reevaluate, care plan and intervene as ordered by a physician.

(1) This includes services which are provided to a resident whose condition requires 24 hour monitoring of vital signs and the assessment of cognitive or physical status on a daily basis.

(2) These services are provided by health care professionals, as ordered by a physician or physician extender.

(3) The required services shall be medically complex enough to require ongoing assessment, planning and intervention by licensed personnel for safe and effective care on a daily basis and consistent with the nature and the severity of the resident's condition.

V. "Convenience" means any action taken by a facility to control resident behavior or maintain residents with less effort by the facility and that is not in the resident's best interest or wishes.

W. "Current written consent" means an informed, written consent which identifies the type of medication delivery and the assistance or administration that the resident requires and is signed by the resident or surrogate decision maker or other legally appointed decision maker. All informed consents shall be signed annually or when there is any change in either the resident's functional ability or the designation of a new surrogate decision maker.

X. "Crisis prevention/ intervention plan" means a documented procedure that provides guidance to staff when a resident has a medical condition or challenging behavior that has the potential to escalate to a severity level which poses great risk of harm to the resident or others (e.g., diabetic, seizure disorder, aggression, or combativeness).

Y. "Decision making capacity" means the ability of the resident to understand and comprehend the nature and consequences of a proposed decision, including the benefits and risks of and alternatives to any such proposed decision and to reach an informed decision.

Z. "Designee" means an individual appointed to assume responsibility for specific assigned duties.

AA. "Direct care staff" means any and all employees or volunteers who work directly with the residents in daily living activities at the facility.

AB. "Discipline" means any action taken by the facility for the purpose of punishing or penalizing any resident.

AC. "Facility" means an assisted living facility.

AD. "Facility license" means the document issued by the licensing authority which authorizes the operation of a facility.

AE. "General supervision" means the availability of direct care staff in the facility, on a 24 hour basis, to respond to the needs of the residents and to perform periodic checks on the residents.

AF. "Health care professional" means a New Mexico licensed health care professional such as a physician, chiropractor, pharmacist, nurse practitioner, physician assistant, registered nurse, licensed practical nurse, physical therapist, speech therapist, occupational therapist, psychologist, social worker, dietitian or dentist.

AG. "Independent" means the ability to perform activities of daily living without assistance.

AH. "Individual service plan" or "ISP" means a comprehensive plan, developed by the interdisciplinary team that identifies all treatment, habilitation and services for a resident.

AI. "Intramuscular injection" or "IM" means the insertion of a needle into a muscle to administer medication.

AJ. "Intravenous" or "IV" means the insertion of a needle into a vein to administer medication.

AK. "Licensee" means the person who, or the organization that has ownership, leasehold or similar interest in the facility and in whose name a license for an assisted living facility has been issued and who is legally responsible for compliance with this rule.

AL. "Licensing authority" means the New Mexico health care authority, health facility licensing and certification bureau.

AM. "Licensed or certified personnel" means New Mexico licensed registered nurses (RNs), licensed practical nurses (LPNs) and certified medication aides (CMAs), licensed or certified by the New Mexico board of nursing pursuant to "the Nursing Practice Act", 61-3-1 through 61-3-31 NMSA 1978.

AN. "Licensed practical nurse (LPN)" means a person who has specialized training and is licensed by the New Mexico board of nursing pursuant to the "Nursing Practice Act," 61-3-1 through 61-3-31 NMSA 1978.

AO. "Medication assistance record" (MAR) means the document that is used to record the details of medication. The MAR shall include all of the information pursuant to Subsection G of 8.370.14.35 NMAC of this rule.

AP. "Medication delivery method" means the method by which a resident takes or receives medication (i.e., pills, eye drops, intramuscular injection, other).

AQ. "Medication error' means the administration of any medication incorrectly (i.e., dosage, selection of drug, selection of resident, time or method of administration, omission of prescribed medication or the administration of a medication without a valid order).

AR. "Medication route" means the method of medication entry into a resident's body (e.g., oral, ocular, rectal, topical, nasal, injection and intravenous).

AS. "Misappropriation /exploitation" means the deliberate misplacement of a resident's property, or wrongful, temporary or permanent use of a resident's belongings or money without the resident's consent and is defined in the incident reporting intake, processing & training requirements, 8.370.9 NMAC.

AT. "Mobile" means able to walk with assistance, or the ability to move from place to place with the use of a device such as a walker, cane, crutches, or a wheelchair and the capability of making independent bed-to-chair transfers.

AU. "Nebulizer" means an atomizer equipped to produce a fine mist for deep inhalation into the lungs.

AV. "Neglect" means the failure to provide goods and services necessary to avoid physical harm, mental anguish or mental illness and is defined in the incident reporting intake, processing & training requirements, 8.370.9 NMAC.

AW. "New facility" means any building not previously or currently licensed as an assisted living facility.

AX. "Non-mobile" means a person who is capable of achieving mobility only with the assistance of another person plus devices such as a wheel chair.

AY. "Nurse monitoring" means a higher level of monitoring by a registered nurse (RN) for a specified length of time based on the resident's need(s) related to a specific condition.

AZ. "Physician extender" means the term used to refer to physician assistants (working in conjunction with a physician) and nurse practitioners.

BA. "Physical restraint" means any manual, physical or mechanical device, any material or equipment attached to or adjacent to the resident's body that the resident cannot easily remove which restricts freedom of movement or is used for discipline or for the convenience of the facility (e.g., full bed rails).

BB. "Primary care practitioner" (PCP) means a physician, nurse practitioner or physician's assistant (licensed in the state of New Mexico) who oversees the health care of the resident.

BC. "Private duty attendant" means an individual that provides direct care under the definitions of the nm caregivers criminal history screening program, 8.370.5 NMAC. The individual is hired by the resident or family through a licensed agency, hired directly or works through a separate arrangement with the family.

BD. "Pro re nada medication (PRN)" means prescribed or over-the-counter medications, including comfort medications, that are administered or taken only on an as needed basis when symptoms warrant or as directed by the primary care practitioner (PCP).

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

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

BG. "Protocols" are the specific means by which a procedure or treatment is to take place.

BH. "Programmatic services" means services provided to residents as defined by the facilities program narrative.

BI. "Program narrative" is a written statement identifying the primary population to be served and the services that will be provided to meet these needs.

BJ. "Registered nurse" (RN) means a person that has specialized training and is licensed by the New Mexico board of nursing pursuant to the "Nursing Practice Act," 61-3-1 through 61-3-31 NMSA 1978.

BK. "Relative" means husband, wife, significant other, mother, father, son, daughter, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, grandfather, grandmother, half-brother or half-sister.

BL. "Resident" means an individual receiving services and residing in the licensed facility; including the relatives of a licensee.

BM. "Resident evaluation form" means a written document of the information acquired during the assessment of a resident's functional capacities and limitations. This form is to be utilized for preadmission and ongoing evaluation of a resident.

BN. "Resident preference" means the resident's choice or preferred choice among the available options.

BO. "Restraints" means anything which restricts freedom of movement or is used for discipline or for the convenience of the facility. This includes both chemical and physical restraints (e.g., full bed rails, over medicated, etc.).

BP. "Room and board" means living/sleeping space, meals and snacks appropriate to meet the needs of the residents.

BQ. "Sanctions" means a measure imposed on a licensee for a violation(s) of applicable licensing requirements other than license revocation, suspension, or denial of renewal of license as provided for by health facility sanctions and civil monetary penalties, 8.370.4 NMAC.

BR. "Self care" means the performance of ADLs, activities or tasks by the residents themselves rather than performed by or assisted with the facility staff.

BS. "Self medication" means administration of PCP prescribed medication by the resident to whom it was prescribed.

BT. "Side effect" means a result of a drug or other form of therapy in addition to or in extension of the desired therapeutic effect.

BU. "Significant change in health status" means the resident has experienced one or more of the following:

(1) a decline or improvement in physical ability;

(2) a decline or improvement in cognitive or functional ability;

(3) a new diagnosis or event that requires a change in medication, or treatment or that requires a revision to an individual service plan; or

(4) a change in medication or the medication route that would permanently alter the level of assistance with medication delivery.

BV. "Surrogate decision maker" means the resident's agent, guardian or surrogate as defined in the "Uniform Health-Care Decisions Act," 24-7A-1 through 24-7A-186 NMSA 1978 or other legally appointed decision maker.

BW. "Survey" means a monitoring visit by the licensing authority to examine the facility premises and records and to interview the residents and staff.

BX. "Stable" means the resident's condition is unchanged; signs or symptoms are within established ranges, frequencies or patterns. The resident's condition does not require frequent monitoring by a licensed nurse to determine the resident's status or the resident's response to medication or treatment.

BY. "Staff or employee" means the individuals hired or subcontracted by the facility to implement the individual service plan for the residents.

BZ. "Subcutaneous injection" means the insertion of a needle under the skin but above the muscle layer to administer medication.

CA. "Therapeutic diet" means a diet other than a regular diet, ordered by a physician to manage a health condition.

CB. "Volunteers" means unpaid individuals who provide care or services for the residents.

CC. "Variance" means a decision that is made at the discretion of the licensing authority to allow a facility 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.

CD. "Visit notes" means the documentation of services provided by outside agencies for ongoing care coordination of the resident.

CE. "Waive or waiver" means a decision that is made at the discretion of the licensing authority to allow a facility 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.

Notes

N.M. Admin. Code § 8.370.14.7

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