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NMAC 8.370.22.27 — RESPONSIBILITIES OF AGENCY PERSONNEL

New MexicoregulationNew Mexico Health Care Authority· effective 2024-07-01

What this rule requires your agency to do

  • 1(A) Primary service personnel (registered nurses, physical/occupational/speech therapists, social workers) must provide professional care within their licensure scope, evaluate the home for suitability, teach patient/client and caregivers, develop/evaluate/coordinate the plan of care on a continuing basis, inform the physician and other personnel of changes, perform evaluation and follow-up visits, and prepare clinical notes.(NMAC 8.370.22.27 — RESPONSIBILITIES OF AGENCY PERSONNEL)
  • 2Home health agencies using any of the listed personnel for provision of home care services must assure the responsibilities listed for each personnel category are met.(NMAC 8.370.22.27 — RESPONSIBILITIES OF AGENCY PERSONNEL)
  • 3(C) Non-licensed personnel (home health aides, homemakers, personal care attendants) must provide personal care including assistance with activities of daily living, help maintain a safe and clean environment, perform household services and assigned activities, communicate changes to the appropriate supervisor, teach patient/client and caregivers within their competency, and prepare patient/client notes.(NMAC 8.370.22.27 — RESPONSIBILITIES OF AGENCY PERSONNEL)
  • 4(B) Secondary service personnel (respiratory therapists, LPNs, PT assistants, COTAs) must provide services in accordance with an established plan of care and agency policies, provide care within their licensure scope, prepare clinical notes, evaluate the home for suitability, teach patient/client and caregiver, and inform the physician and other personnel of changes.(NMAC 8.370.22.27 — RESPONSIBILITIES OF AGENCY PERSONNEL)

Applies to: personal care

Defines the duties that must be met by three tiers of home care personnel: primary service personnel (e.g., RNs, therapists, social workers), secondary service personnel (e.g., LPNs, therapy assistants), and non-licensed personnel (e.g., home health aides, homemakers, personal care attendants). Each tier must provide care within its scope, follow the plan of care, prepare notes, and communicate patient/client changes. Framework topic: Personnel / Scope of Practice.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.