N.M. Admin. Code § 8.370.20.9 - INITIAL LICENSURE PROCEDURES

To obtain an initial license for an adult day care facility pursuant to these regulations, the following procedures must be followed by the applicant:

A. These regulations must be thoroughly understood by the applicant and used as reference prior to applying for licensure.

B. Application form: Will be provided by the licensing authority.

(1) All information requested on the application must be provided and complete.

(2) Must be printed or typed.

(3) Must be dated and signed.

(4) Must be notarized.

C. Fees: All applications for license must be accompanied by the required fee.

(1) Current fee schedules will be provided by the licensing authority.

(2) Fees must be in the form of a check or money order made payable to the state of New Mexico.

(3) Fees are not refundable.

D. Floor plans: All applications for initial licensure must be accompanied by a set of floor plans for the facility.

(1) Floor plans must be of professional quality, be on substantial paper of at least 18 inches by 24 inches, and be drawn to an accurate scale of one-quarter of an inch to one inch.

(2) Floor plans must include at least the following information:

(a) proposed use of each room i.e., staff office, toilets, activity room(s), kitchen, etc.;

(b) interior dimensions of all rooms must be included on floor plans;

(c) floor plans must include one building or wall section showing exterior and interior wall construction; section must include floor, wall, ceiling and the finishes, i.e., carpet, tile, gyp board with paint, wood paneling, etc.;

(d) door types, swing, and sized of all doors, i.e., solid core, hollow core, three feet by six feet eight inches;

(e) if building is air conditioned;

(f) all sinks, tubs, showers, and toilets;

(g) size, type, sill height, and openable area of windows indicated;

(h) any level changes within the building i.e., sunken activity room, ramps, steps, etc.;

(i) the location of the building on a site/ plot plan to determine surrounding conditions, including all steps, ramps, parking, walks, and any permanent structures;

(j) if building is new construction, renovated, or an addition, indicate both the existing and new construction on the floor plans.

(3) Floor plans will be reviewed by the licensing authority for compliance with current building and fire codes, and comments will be sent to the applicant specifying any needed changes or requesting any additional information. Exception: Adult day care homes are not required to submit floor plans.

E. Zoning and building approvals:

(1) All initial applications must be accompanied with original written zoning approval from the appropriate authority, city, county, or municipality.

(2) All initial applications must be accompanied with written building approval (certificate of occupancy) from the appropriate authority, city, county, or municipality. Exception: Adult day care homes are not required to submit building approval.

F. Fire authority approval: All initial applications must be accompanied by original written approval of the appropriate fire prevention authority having jurisdiction: i.e., city, county, or state fire marshal's office. Exception: Adult day care homes are not required to submit fire authority approval.

G. New Mexico environment department approval: All initial applications must be accompanied by original written approval of the New Mexico environment department for the following:

(1) kitchen approval if meals are prepared or served in the facility;

(2) private water supply, if applicable;

(3) private waste or sewage disposal, if applicable;

(4) exception: adult day care homes are not required to submit New Mexico environment department approval.

H. Health certificates: Copies of health certificates of the licensee, caregivers, and staff must accompany all initial application.

I. Custodial drug permit: Any facility licensed pursuant to these regulations which supervises self-administration of medication for the participants or safeguards medication for participants, must have an appropriate custodial drug permit as determined by the state board of pharmacy.

J. A list of equipment for adult activities that the facility will provide on the first day of operation must accompany all initial applications.

K. A description of the facility's proposed activities and daily schedule must accompany all initial applications.

L. Initial survey: An initial survey of the proposed facility will be scheduled by the licensing authority upon receipt of a properly completed application with all supporting documentation, as outlined in these regulations.

M. Issuance of license: A license will be issued by the licensing authority if the initial survey determines that the facility is in compliance with these regulations.

Notes

N.M. Admin. Code § 8.370.20.9

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