N.M. Admin. Code § 8.370.17.11 - INITIAL LICENSURE PROCEDURES

These regulations should be thoroughly understood and used by the applicant, when applying for the initial freestanding birth center license. The applicant for an initial facility license under these regulations must follow these procedures when applying for a license.

A. Notification and letter of intent: The owner shall advise the licensing authority of its intent to open a freestanding birth center pursuant to these regulations by submitting a letter of intent. The letter of intent must be on the applicant's letterhead and signed by a person with authority to make legal decisions for the owner and the facility and at a minimum, include the following:

(1) the name of facility;

(2) the name of the legal owner and licensee and the type of legal entity under which the facility shall be owned;

(3) the name of the management company, if any;

(4) the type of facility license requested;

(5) the anticipated number of clients to be served;

(6) the number of birthing rooms in the proposed facility;

(7) the physical address of facility including building name or suite number;

(8) the mailing address, if different from physical address;

(9) the contact name(s), address, e-mail address, and telephone number(s);

(10) the anticipated payers and sources of reimbursement; and

(11) a list of all services, medical and non-medical, to be provided at the facility location which is requesting the license.

B. License application and fees: After review by the authority of the letter of intent for general compliance with these regulations and verification that an application is appropriate under these regulations, the owner shall be required to complete a license application on a form provided by the authority. Prior to any construction, renovation or addition to an existing building and after review and approval of the letter of intent by the authority, the applicant must submit to the licensing authority an application form provided by the authority, fully completed, printed or typed, dated, signed, and notarized accompanied by the required fee. If electronic filing of license applications is available at the time of application, the applicant will be required to follow all electronic filing requirements, and may forgo any notary requirements, if specifically allowed under the applicable electronic filing statutes, regulations and requirements. Current fee schedules will be provided by the licensing authority. The authority reserves the right to require additional documentation to verify the identity of the applicant in order to verify whether any federal or state exclusions may apply to the applicant. Fees must be paid in the form of a certified check, money order, personal, or business check, or electronic transfer (if available), made payable to the state of New Mexico, and are non-refundable.

C. Existing facility and building plans: As part of the initial license application, the applicant must also attach to the application and submit to the authority, a set of building plans which includes all of the information required by these rules, accompanied by proof of zoning approvals by the applicable building authority. The existing facility building plans must be of professional quality, on substantial paper measuring at least 24" x 36", and drawn to an accurate scale of one-eighth inch to one foot. The plans for existing construction must include sufficient information for the authority to make a compliance determination and at a minimum:

(1) floor plans showing proposed use of each room, (e.g., waiting room, examination room, office, etc.);

(2) interior dimensions of all rooms;

(3) one building or wall section showing an exterior and interior wall construction section including the material composition of the floor, wall, and ceiling/roof, and the finishes, (e.g., carpet, tile, gypsum board with paint, or wood paneling);

(4) door locations and types (swing) and sizes of all doors, including width, height and thickness;

(5) location of all sinks, tubs and showers;

(6) location and operation of windows including size and type;

(7) location and dimension of all level changes within and outside the building, (e.g., steps or ramps);

(8) location of fire extinguishers, heat and smoke detectors, and operational elements of alarm systems;

(9) location of heating units, furnaces, hot water heaters, and fuel type and source;

(10) all heating, ventilating and air conditioning/ cooling systems;

(11) location of the building on a site/plot plan to determine surrounding conditions, include all steps, ramps, parking areas, handicapped spaces, walks and any permanent structures, including construction materials; and

(12) all existing construction, new construction, remodeled portions, and proposed additions, must be delineated on the plans, clearly indicating where existing construction ends and proposed remodeling and new construction begins.

D. Remodeling, new and proposed construction: If the proposed facility includes any remodeling, renovations or additions to an existing building or new construction of any type, building plans and specifications covering all portions of the proposed work delineating all existing construction and all new and proposed construction shall be attached to the application and submitted to the authority for review and approval as part of the application. Building plans will be reviewed by the authority for compliance with current licensing regulations, building and fire safety codes. If the facility's building plans are approved by the authority and local building officials have issued a construction permit, construction may begin. This provision is an ongoing requirement and applies to, and includes any and all construction at the facility, which occurs before and after issuance of the initial license. This provision does not generally apply to maintenance and repair. However, if the maintenance or repair impacts or alters any of the facility requirements under these regulations, the applicant or licensee must notify the authority and verify ongoing compliance with these regulations. The authority shall not be liable for any costs or damages incurred by the applicant relating to construction in the event the applicant incurs costs or damages in order to comply with these regulations or to obtain a license under these regulations. For all new and proposed construction, the applicant or licensee must submit for approval by the authority before construction begins, the following:

(1) one copy of building plans and specifications, including a site plan, that are of professional quality, on substantial paper measuring at least 24" x 36" and drawn to an accurate scale of one-eighth inch to one foot;

(2) the building plans must be drawn to scale and show the general arrangement of the buildings, and include a room schedule, show fixed equipment for each room, and list room numbers, together with all other pertinent explanatory information addressing the requirements in applicable regulations;

(3) any changes in the approved building plans affecting compliance with these rules shall be shown on the approved plans and shall be submitted to the authority for approval before construction is undertaken;

(4) any and all completed new construction shall comply with the plans and specifications approved by the authority prior to construction, these rules, and any and all other applicable rules and codes; and

(5) any of the authority's approval(s) shall not waive any other rules or other applicable building and code requirements enforceable by other authorities.

E. Initial survey phase: Upon receipt of a properly completed application with all necessary supporting documentation, an initial life safety survey of the proposed facility will be scheduled by the licensing authority. Upon completion of the initial life safety survey and determination that the facility is in compliance with all life safety and building requirements, the licensing authority may issue a temporary license pending completion of its initial health survey or an annual license if allowed or applicable under these regulations.

Notes

N.M. Admin. Code § 8.370.17.11

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