Emergency plan rules in New Mexico

One license type researched, regulated by New Mexico Health Care Authority. Every requirement below carries the rule that imposes it.

Assisted living / residential care

Licensed in New Mexico as Assisted Living Facility for Adults, by New Mexico Health Care Authority.

8.370.14 NMAC (Assisted Living Facilities for Adults), effective December 23, 2025: 8.370.14.17 (staff training); 8.370.14.21 (resident records); 8.370.14.22 (facility records and emergency plans, including monthly fire drills); 8.370.14.31 (emergency preparedness program); 8.370.14.33 (incident reporting)

Drills

At least one fire drill each month: the facility must keep a record of monthly fire drills conducted at the facility, together with its fire safety evaluation system (FSES) rating.

How long records are kept

Resident records that are no longer current are kept at least five years from the date of discharge and made available within 24 hours of a request.

New Mexico-specific requirements
An emergency preparedness program, reviewed every year

The facility must keep an emergency preparedness program: a written plan based on an all-hazards risk assessment, policies and procedures, a communication plan, and a training and testing program. Each must be reviewed and updated at least annually. The policies and procedures cover food, water, medical and pharmaceutical supplies, tracking of on-duty staff and sheltered residents, evacuation, shelter in place, medical documentation, volunteers and staffing, and arrangements with other facilities.

8.370.14.31 NMAC
Written plans for medical emergencies, power failure, fire and natural disaster

The facility must keep written emergency plans, policies and procedures for medical emergencies, power failure, fire and natural disaster. The plans name the persons to be notified, emergency equipment, evacuation routes, refuge areas, staff responsibilities, and the transportation resources available to move residents, and they address both facility-only and area-wide emergencies.

8.370.14.22 NMAC
Test the plan twice a year, with unannounced staff drills

The facility must conduct exercises to test the emergency plan at least twice per year, and run unannounced staff drills using the emergency procedures. One exercise each year must be a full-scale community-based exercise or a facility-based functional exercise; the other may be a second full-scale exercise, a mock disaster drill or a tabletop exercise. All drills, exercises and emergency events must be documented.

8.370.14.31 NMAC
Alternate energy, and residents on powered medical equipment

The policies and procedures must provide alternate energy sources for maintaining temperatures, emergency lighting, fire detection, extinguishing and alarm systems, and sewage and waste disposal. A facility with residents who depend on electrically powered medical equipment must address power outages in its plan.

8.370.14.31 NMAC
Emergency training at hire and every year

Staff, service providers and volunteers receive emergency preparedness training at hire and at least annually; the training is documented and staff must demonstrate knowledge. The initial 12-hour in-service training for staff covers emergency procedures, fire safety and evacuation.

8.370.14.31 NMAC; 8.370.14.17 NMAC
Report incidents to the licensing authority within 24 hours

Incidents, including any incident that threatens health or safety, are reported to the licensing authority complaint hotline within 24 hours, or by the next business day on a weekend or holiday. The communication plan must provide for sharing occupancy and needs information with the state licensing agency, the long-term care ombudsman and emergency management agencies.

8.370.14.33 NMAC; 8.370.14.31 NMAC
Two old citations are dead — 7.8.2 NMAC and the 2024 text of 8.370.14 NMAC

7.8.2 NMAC, Requirements for Adult Residential Care Facilities, was repealed effective July 1, 2024 and replaced by the Health Care Authority's 8.370.14 NMAC. That 2024 version of 8.370.14 NMAC was itself repealed and replaced effective December 23, 2025. A plan, policy manual or vendor template citing 7.8.2 NMAC, or the 2024 text of 8.370.14 NMAC, is citing a rule no longer in force.

8.370.14 NMAC, effective December 23, 2025
Worth knowing
  • New Mexico is the clearest argument for dating every citation. The assisted living rule was replaced on July 1, 2024, under a new agency, and replaced again on December 23, 2025.
  • A memory care unit is the part of an assisted living facility that provides added security, enhanced programming, and staffing appropriate for residents with dementia (8.370.14.7 NMAC). This entry does not cover the unit's own requirements.

Reviewed 2026-09-28

Build a New Mexico emergency plan →

What this page is

The requirements New Mexico places on a facility emergency preparedness plan, taken from the state’s own rules rather than a national template. Where we have confirmed something against primary text it is stated plainly; where we have not, it says so and names what to check. Nothing here is inferred from what other states do.

The part that is the same everywhere

The federal layer does not vary by state, and it is narrower than it is usually described. OSHA 29 CFR §1910.38 does not bind every employer on its own — by its applicability paragraph it governs an emergency action plan whenever another OSHA standard requires the employer to have one, and it then settles what that plan must contain. The CMS emergency preparedness rule applies by certified provider type rather than by building. That layer, plus the exit-route, alarm and first-aid rules and the fire code’s plan structure, is covered in the main crash course rather than repeated on all fifty state pages.

Write the plan

The Emergency Plan Builder produces the document itself. It reads the same research as this page, but it does not yet carry every requirement here into the plan it writes, so check the plan against this page before you rely on it for New Mexico. The Compliance Calendar puts the drills and inspections on dates.