Public Notice: Notice of Hearing to Repeal and Replace rule 8.369.3 NMAC Certification Requirements for Child and Adolescent Mental Health Services

NOTICE OF HEARING

The New Mexico Health Care Authority, through the Division of Health Improvement, is finalizing repeal and replacement of rule 8.369.3 NMAC Certification Requirements for Child and Adolescent Mental Health Services. These regulations apply to public, profit or nonprofit home health agencies providing services as outlined by these regulations, and any facility providing services as outlined by these regulations which by federal regulation must be licensed by the state of New Mexico to obtain or maintain full or partial, permanent or temporary federal funding. Specifically, the changes include the following,: 8.369.3NMAC Repeal/replace the existing rule to establish new updated rule to comply with NMSA 1978 and NMAC rule requirements, correcting statutory authority to include health care code, updating effective date, aligning definitions with health care authority standards including removing outdated definitions and adding and clarifying new definitions, removing outdated regulation and
including additional related regulation, updating certification requirements, updating outdated citation and replacing
it with the correct health care code, clarifying HCA as the licensing authority, updating sanctions to reflect HCA licensing, clarifying imposition of sanctions, clarifying HCA hearings and appeals process, including waivers and variances processes, updating section title to clarify survey and monitoring visits expectations, clarifying CYFD’s background check unit processes, clarifying personnel requirements, updating reporting of incidents and provider expectations, removing unnecessary language, updating documentation requirements, removing day treatment service licensure clarifying day treatment services require certification, updated NMAC citation, removing unnecessary language, clarifying calendar days and language, removing therapeutic hold language, updating personal restraint and seclusion expectations, updating prn orders, clarifying personal restraint in non-accredited residential treatment services, updating documentation notification requirements, clarifying prn medication, self-administration, documentation, and verification of prescription orders and individuals through two unique identifiers, aligning CCSS certification expectations, clarifying day treatment services, clinical supervision and clinical services, updating treatment foster care services expectations, requirements, supervision, correcting outdated accrediting body as well as substance use disorder language, and aligning HCA corrective action expectations.
Section 9-8-6 NMSA 1978, authorizes the HCA Secretary to promulgate rules and regulations that may be necessary to carry out the duties of the HCA and its divisions.
This notice of Hearing and the proposed rule changes are available on the HCA website at https://www.hca.nm.gov/dhi-regulations/
Notice Date: November 3, 2026
Hearing Date: December 4, 2026
Proposed Effective Date: December 22, 2026
A public hearing to receive testimony on this proposed rule will be held on December 4, 2026 from 1:00 p.m. to 3:00 p.m. Mountain Time (MT). The hearing will be in hybrid format, and there are three options for attending:

1. Attend in person by coming to the large conference room at the Administrative Services Division (ASD), 1474 Rodeo Rd., Santa Fe, NM 87505.
2. Join via a Teams Link:
   Microsoft Teams meeting
   Join: https://teams.microsoft.com/meet/264464672413240?p=NmAE4nP3a4NTDOgyzL
   Meeting ID: 264 464 672 413 240
   Passcode: TV3Y7ds3
3. Or call in (audio only)
   Dial in by phone
   +1 505-312-4308,,429694091# United States, Albuquerque
   (888) 506-1357,,429694091# United States (Toll-free)
   Phone conference ID: 429 694 091#
   If you are a person with a disability and you require this information in an alternative format or require a special accommodation to participate in any HCA public hearing, program, or service, please contact the American Disabilities Act Coordinator, at Office-505-709-5468, Fax-505-827-6286 or through the New Mexico Relay system, toll free at #711. The Department requests at least 10 working days advance notice to provide requested alternative formats and special accommodations.
   Interested persons who do not wish to attend the hearing may submit comments in writing or by leaving a voicemail.
   Address written comments to:
   Division of Health Improvement
   P.O. Box H
   Santa Fe, NM 87504
   Recorded comments may be left at (505) 476-9093. Interested persons may also address comments via electronic mail to: HCA-DHI-Public-Comment@hca.nm.gov. Written mail, electronic mail and recorded comments must be received no later than 5:00 p.m. on December 3, 2026. Written and recorded comments will be given the same consideration as oral testimony made at the public hearing. All written comments received will be posted on the HCA website within three days of the close of the public comment period. The public posting will include the name and any contact information provided by the commenter.

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