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]