TITLE 8               SOCIAL SERVICES

CHAPTER 370  OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS

PART 11              LONG-TERM CARE FACILITY DEMENTIA TRAINING

 

8.370.11.1             ISSUING AGENCY:  New Mexico Health Care Authority.

[8.370.11.1 NMAC - N, 07/01/2024]

 

8.370.11.2             SCOPE:  These regulations apply to any long-term care facility and long-term care facility contractor in the state of New Mexico or licensed by the New Mexico health care authority, division of health improvement.

[8.370.11.2 NMAC - N, 07/01/2024]

 

8.370.11.3             STATUTORY AUTHORITY:  The regulations set forth herein are promulgated by the secretary of the health care authority by authority of Subsection E of Section 9-8-6 NMSA 1978, Section 24-17B-1 through Section 24-17B-4 NMSA 1978.  The division of health improvement of the health care authority (authority) shall administer and enforce these regulations.  Section 9-8-1 et seq. NMSA 1978 establishes the health care authority as a single, unified department to administer laws and exercise functions relating to health care facility licensure and health care purchasing and regulation.

[8.370.11.3 NMAC - N, 07/01/2024]

 

8.370.11.4             DURATION:  Permanent.

[8.370.11.4 NMAC - N, 07/01/2024]

 

8.370.11.5             EFFECTIVE DATE:  July 1, 2024, unless a later date is cited at the end of a section.

[8.370.11.5 NMAC - N, 07/01/2024]

 

8.370.11.6             OBJECTIVE:  The regulations establish policy, standards, and criteria relating to: the educational and certification requirements, issuing of certifications, and continuing education of persons who provide direct care service to long-term care facility residents in order to maintain or improve the health and qualify of life of  the residents.

[8.370.11.6 NMAC - N, 07/01/2024]

 

8.370.11.7             DEFINITIONS:

                A.            “Act” shall mean the Long-Term Care Facility Dementia Training Act Section 24-17B-1, et seq NMSA 1978.

                B.            “Certificate” shall mean the training certificate issued by the provider of training pursuant to 8.370.11 NMAC and the Long-Term Care Facility Dementia Training Act Section 24-17B-1, et seq NMSA 1978.

                C.            “Continuing education” means participation in a formal learning experience of which the course topics have been approved by the authority as set forth in 8.370.11.9 NMAC.

                D.            Direct care service” means services provided to long-term care facility residents that maintain or improve the health and quality of life of the residents.

                E.            “Direct care service staff member” means a person:

                                (1)           employed by or contracted with a long-term care facility, either directly or through a third-party agreement, to provide in-person direct care services to long-term care facility residents; or

                                (2)           contracted with a long-term care facility, either directly or through a third-party agremeent, to provide at least 10 hours per week in direct care services by video, audio or telephonic means.

                F.            “DCSSM” means direct care service staff member.

                G.            “Division means the division of health improvement of the health care authority.

                H.            “In-person instructor” means the in-person dementia training instructor who will conduct dementia training pursuant to the requirements of 8.370.11 NMAC.

                I.             “Long-term care facility” means every long-term care facility licensed by the state of New Mexico.

                J.             “Long-term care facility contractor” as used within this regulation means an enity that employs direct care service staff members.

[8.370.11.7 NMAC - N, 07/01/2024]

 

8.370.11.8                             TRAINING REQUIREMENT:

                A.            Every direct care service staff member shall complete the requirements for and obtain certification as provided in 8.370.11.9 NMAC.

                B.            Every direct care service staff member is required to complete the training and written examination set forth in 8.370.11.9 NMAC  pursuant to the following requirements:

                                (1)           if hired after January 1, 2022, shall complete the training required within 60 days of the start of employment;

                                (2)           if hired prior to January 1, 2022, shall complete the training required if the direct care service staff member has not received training in the past 24 months equivalent to the training set forth in 8.370.11.9 NMAC within 60 days of January 1, 2022;

                                (3)           if the direct care service staff member had successfully obtained a training certificate but has had a lapse of dementia-related direct care service employment for 24 consecutive months or more then the direct care service staff member shall complete the training and examination set forth in 8.370.11.9 NMAC within 60 days of the start of employment.

                C.            Exception to initial training:  A direct care service staff member (DCSSM) hired prior to January 1, 2022, who received equivalent training within the past 24 months equivalent to the requirements set forth in Subsection A of 8.370.11.9 NMAC shall be issued a training certificate by the authority upon receipt from a facility of a written attestation that the DCSSM has received such training within the 24 months prior to January 1, 2022.  A direct care service staff member (DCSSM) hired after January 1, 2022, who received equivalent training within the 24 months prior to the hiring date equivalent to the requirements set forth in Subsection A of 8.370.11.9 NMAC shall be issued a training certificate by the authority upon receipt from a facility of a written attestation that the DCSSM has received such training within the 24 months prior to the date of hire.  The facility attestation shall be provided to the authority’s train division email address for issuance of a training certificate by the authority.

[8.370.11.8 NMAC - N, 07/01/2024]

 

8.370.11.9             COURSE OF EDUCATION:  New Mexico requires a state training education process to become a certified direct care staff member.  The education program shall provide knowledge on the skills and abilities necessary to perform as a competent direct care service staff member; this is established through training education, provided either on-line or in person, followed by successful completion of a division-approved written examination. The in-person instructor will conduct the course of education for the direct care staff member as set out below.  Each long-term facility and long-term care facility contractor shall provide training either on-line or in-person as set forth in this section to each DCSSM that it employs.

                A.            Instruction:  Instruction by the on-line provider or in-person instructor must be at least four hours in length, either in-person or on-line, and include these authority-approved areas of study:

                                (1)           identify cognitive, functional, and behavioral changes of normal aging and those associated with mild cognitive impairment and dementia;

                                (2)           identify and understand the various types of dementia;

                                (3)           identify the prevalence, risk factors, signs and symptoms, and rate of progression of dementia;

                                (4)           identify and understand the stages of dementia;

                                (5)           describe and understand when to refer people living with dementia (PLwD) to a neurologist, geriatric psychiatrist, neuropsychologist, or a national Alzheimer’s disease center;

                                (6)           diagnosing dementia & discussing dementia diagnosis;

                                (7)           patient centered care;

                                (8)           activities of daily living in people living with dementia and Alzheimer’s disease;

                                (9)           identify common components of an individualized primary care plan for persons with middle stage dementia;

                                (10)         identify common components of an individualized primary care plan for persons with late stage dementia;

                                (11)         identify and understand common medical issues related to early-stage dementia,

                                (12)         identify and understand common medical issues related to middle-stage dementia;

                                (13)         identify and understand common medical issues related to late-stage dementia;

                                (14)         effective care transitions to and from acute care hospitals:

                                (15)         interprofessional team roles and dementia:

                                (16)         describe how responsibilities may evolve as the disease progresses;

                                (17)         list legal and financial considerations to discuss with a patient and appropriate care partner(s) upon a diagnosis of dementia;

                                (18)         identify domains that are included in a capacity assessment for a person living with dementia;

                                (19)         ethics and capacity issues;

                                (20)         responding to abuse, neglect & exploitation of people living with dementia and Alzheimer’s disease.

                                (21)         identify signs and symptoms of end-stage dementia;

                                (22)         identify and understand barriers to optimal care among various ethnic groups;

                                (23)         identify and understand techniques for effective communications with diverse populations;

                                (24)         pain assessment in people living with dementia;

                                (25)         resident rights;

                                (26)         palliative care & end of life care.

                B.            Trainer requirements:  A person conducting training of the required topics set forth in 8.370.11.9 NMAC shall have:

                                (1)           at least two years of work experience related to alzheimer’s disease, dementia, health care, gerontology or other related field; and

                                (2)           successfully completed training requirement to the requirements provided in Subsection A of 8.370.11.9 NMAC, including passage of the knowledge test required in Subsection D of 8.370.11.9 NMAC; and

                C.            Training on-line:  Training on-line shall be provided by the authority through the train program at www.train.org/nm or through a authority -approved on-line curriculum and knowledge test which shall include the authority-approved areas of study set forth in Subsection A of 8.370.11.9 NMAC and shall be at least four hours in length.  After completion of the on-line training and successful passage of a knowledge test, a certificate shall be issued to the DCSSM.

                D.            Evaluation of training topics:  The authority shall review and evaluate the training areas of study in Subsection A of 8.370.11.9 NMAC every two years or as determined necessary by the authority based upon current research and best practices.

                E.            Testing:  The in-person or on-line training must be followed by successful completion of a division-approved written examination which shall cover the areas of study set forth in Subsection A of 8.370.11.9 NMAC before a training certificate will be issued by the in-person or on-line training program.

                F.            Training certificates:  The provider of on-line or in-person training conducted pursuant to 8.370.11.9 NMAC shall issue a certificate to the DCSSM upon completion of initial training, or the authority shall issue a certificate upon receipt of facility attestation of exemption from training as set forth in Subsection D of 8.370.11.8 NMAC.  The certificate shall be valid so long as the certificate holder meets the continuing education requirement set forth in 8.370.11.9 NMAC and the certificate holder has not had a lapse of dementia-related direct care service employment for 24 consecutive months or more.  The certificate shall be valid among long-term care facilities.

                G.            Continuing education:  Proof must be maintained by the facility of four hours of training by the DCSSM every two years on topics set forth in 8.370.11.9 NMAC for treatment and care of persons with Alzheimer’s disease or dementia, in order to maintain the certificate issued to the individual DCSSM.

                H.            Maintenance of certification records:  Each long-term care facility and long-term care facility contractor subject to 8.370.11 NMAC shall be responsible for maintaining documentation regarding completed long-term care facility dementia training, evaluation and continuing education for each DCSSM.  Each long-term care facility contractor subject to 8.370.11 NMAC shall provide a copy of each DCSSM’S dementia training certificate to every long-term care facility where the DCSSM provides direct care service, pursuant to Subsection F of Section 24-17B-3 NMSA 1978.

[8.370.11.9 NMAC - N, 07/01/2024]

 

8.370.11.10          SEVERABILITY:  If any part or application of the long-term care facility dementia training regulation is held invalid, the remainder or its application to other situations or persons shall not be affected.

[8.370.11.10 NMAC - N, 07/01/2024]

 

HISTORY OF 8.370.11 NMAC: [RESERVED]