N.M. Admin. Code § 8.370.20.22 - CAPACITY OF A FACILITY
The capacity of a facility licensed pursuant to these regulations is determined by the following:
A. By the type of facility:
(1) An adult day care center may be licensed
for at least three adults but is not limited as to maximum number of
participants. Adult relatives of staff and volunteers receiving care in the
facility must be counted in the licensed capacity.
(2) An adult day care home may be licensed
for at least three adults but not more than five (5) participants. The
licensee's own adult relatives under the care of the facility must be counted
in the licensed capacity when present in the facility.
B. By useable space for activities:
(1) Adult day care centers and adult day care
homes are required to have 40 square feet of activity area for each adult
included in the licensed capacity.
(2) The capacity as reflected on the license
issued to a facility licensed pursuant to these regulations must not be
exceeded at any time.
Notes
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