N.M. Admin. Code § 8.370.20.22

Current through Register Vol. 36, No. 1, January 14, 2025

Section 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.

N.M. Admin. Code § 8.370.20.22

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