A facility shall employ staff with the following qualifications.

1. A. Administrator, director, operator: an assisted living facility shall be supervised by a full-time on-site administrator or when there are multiple facilities on the same campus or within a 40-mile radius of each other, at least one full-time administrator must be available to float and oversee all facility operations, and be available on-site at any facility location as needed within one-hour. When the administrator is unavailable, a temporary designee must be appointed to oversee operations during their absence. Temporary coverage, is limited to no more than 10 business days in the absence of the administrator, unless the designee is a qualified administrator. This does not supersede the requirements of Paragraph (1) of Subsection D of 8.370.14.8 NMAC. The administrator shall:

   1. (1) be at least 21 years of age;
   2. (2) have a high school diploma or its equivalent;
   3. (3) comply with the requirements of the New Mexico caregivers criminal history screening act, 8.370.5 NMAC;

   4. (4) Complete or hold:

      1. (a) a state approved certification program for assisted living administrators, or
      2. (b) current license or certification as an assisted living administrator in another state, or
      3. (c) a current license as nursing home administrators (NHAs) or health services executives (HSEs).
   5. (5) be able to communicate with the residents in the language spoken by the majority of the residents;
   6. (6) not work while under the influence of alcohol or illegal drugs;
   7. (7) have evidence of education and experience to prove the ability to administer, direct and operate an assisted living facility; the evidence of education and experience shall be directly related to the services that are provided at the facility;
   8. (8) provide three letters of reference from persons unrelated to the applicant; and
   9. (9) comply with the pre-employment requirements pursuant to the employee abuse registry, 8.370.8 NMAC and shall comply with the requirements of the caregivers criminal history screening requirements, 8.370.5 NMAC.
   10. (10) complete 12 hours of continuing education annually.

2. B. Direct care staff:

   1. (1) shall be at least 16 years of age;
   2. (2) shall meet the training requirements of 8.370.14.17 NMAC;
   3. (3) shall comply with the pre-employment requirements pursuant to the employee abuse registry, 8.370.8 NMAC (7/1/2024); and
   4. (4) shall comply with the current requirements of reporting and investigating incidents pursuant to incident reporting, intake, processing and training requirements, 8.370.9 NMAC (7/1/2024);
   5. (5) shall not work while under the influence of alcohol or mind altering drugs;

   6. (6) if a facility provides transportation for residents, the employees of the facility who drive vehicles and transport residents shall have copies of the following documents on file at the facility:

      1. (a) a valid New Mexico driver’s license with the appropriate classification for the vehicle that is used to transport residents;
      2. (b) documentation of training in transportation safety for the elderly and disabled, including safe vehicle operation;
      3. (c) proof of insurance; and
      4. (d) documentation of a clean driving record;
   7. (7) any person who provides direct care who is not employed by an agency that is covered by the requirements of the caregivers criminal history screening requirements, 8.370.5 NMAC, shall provide current (within the last six months) proof of the caregiver’s criminal history screening to the facility; the facility shall maintain and have proof of such screening readily available; and
   8. (8) employers shall comply with the requirements of the caregivers criminal history screening requirements, 8.370.5 NMAC.

[8.370.14.16 NMAC - Rp, 8.370.14.16 NMAC, 12/23/2025]