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)
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.
Resident records that are no longer current are kept at least five years from the date of discharge and made available within 24 hours of a request.
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 NMACThe 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 NMACThe 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 NMACThe 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 NMACStaff, 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 NMACIncidents, 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 NMAC7.8.2 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- 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
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.