46th legislature - STATE OF NEW MEXICO - first session, 2003

REQUIRING THE REGULATION AND LICENSING DEPARTMENT AND THE LEGISLATIVE FINANCE COMMITTEE TO REVIEW AND EVALUATE THE LICENSURE OF RESIDENTIAL CARE ADMINISTRATORS IN ACCORDANCE WITH THE SUNRISE ACT; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. TEMPORARY PROVISION--FINDINGS AND PURPOSE.--

A. The legislature finds that the unregulated practice of residential care administrators has resulted in many instances of actual harm to residents of residential care facilities.

B. The legislature further finds that the existing rules governing the operation of approximately four hundred residential care facilities in New Mexico do not adequately address the qualifications and practice of the administrators of these facilities and that there are currently no mechanisms to report or discipline individual administrators for inappropriate or unethical practice.

C. The legislature further finds that the public should reasonably expect professional competence from the administrators of residential care facilities.

D. The legislature further finds that residential care administrators may be distinguished as a profession and must demonstrate relevant knowledge, skills and abilities prior to providing care to residents.

E. The purpose of this act is to:

(1) require the department to review and evaluate the proposed licensure of residential care administrators and provide a report to the legislative finance committee; and

(2) develop proposed legislation to create a new board, if recommended by the legislative finance committee, to license residential care administrators pursuant to the Sunrise Act.

F. The department shall review and evaluate the proposed licensure of residential care administrators in accordance with the Sunrise Act and submit a findings and recommendations report to the legislative finance committee by September 1, 2003 for the committee's consideration and recommendation.

G. If approved by the legislative finance committee, the department shall proceed with the development of proposed legislation to create a new licensing board and implement the licensure of residential care administrators by July 1, 2004.

H. As used in this section:

(1) "department" means the regulation and licensing department; and

(2) "residential care facility" means a licensed congregate residence, maternity shelter or other shelter for adults whose primary purpose is to provide to the residents within the facility, either directly or through contract services in accordance with the program narrative, program services, room, board, assistance with the activities of daily living or general supervision to two or more adults who have difficulty living independently or managing their own affairs; provided that this definition shall not apply to residences with four or fewer individuals providing needed habilitation and program services to developmentally disabled residents.

Section 2. APPROPRIATION.--Fifty thousand dollars ($50,000) is appropriated from the general fund to the regulation and licensing department for expenditure in fiscal years 2003 and 2004 to study the duties and responsibilities of administrators of residential care facilities, review and evaluate the proposed creation of a new board to license residential care administrators and develop proposed legislation and rules to create a new licensing board to govern the licensure of residential care administrators. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.

Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.