{"data":{"id":"us-nm/27-7a-2","jurisdiction":"us-nm","citation":"27-7A-2","heading":"Definitions.","body":"As used in the Employee Abuse Registry Act:\nA. \"abuse\" means:\n(1) knowingly, intentionally or negligently and without justifiable cause inflicting physical pain, injury or mental anguish; or\n(2) the intentional deprivation by a caretaker or other person of services necessary to maintain the mental and physical health of a person;\nB. \"department\" means the department of health;\nC. \"direct care\" means face-to-face services provided or routine and unsupervised physical or financial access to a recipient of services;\nD. \"employee\" means a person employed by or on contract with a provider, either directly or through a third party arrangement to provide direct care. \"Employee\" does not include a New Mexico licensed health care professional practicing within the scope of the profession's license or a certified nurse aide;\nE. \"exploitation\" means an unjust or improper use of a person's money or property for another person's profit or advantage, pecuniary or otherwise;\nF. \"neglect\" means, subject to a person's right to refuse treatment and subject to a provider's right to exercise sound medical discretion, the failure of an employee to provide basic needs such as clothing, food, shelter, supervision and care for the physical and mental health of a person or failure by a person that may cause physical or psychological harm;\nG. \"provider\" means an intermediate care facility for individuals with developmental or intellectual disabilities; a rehabilitation facility; a home health agency; a homemaker agency; a home for the aged or disabled; a group home; an adult foster care home; a case management entity that provides services to elderly people or people with developmental disabilities; a corporate guardian; a private residence that provides personal care, adult residential care or natural and surrogate family services provided to persons with developmental disabilities; an adult daycare center; a boarding home; an adult residential care home; a residential service or habilitation service authorized to be reimbursed by medicaid; any licensed or medicaid-certified entity or any program funded by the aging and long-term services department that provides respite, companion or personal care services; programs funded by the children, youth and families department that provide homemaker or adult daycare services; and any other individual, agency or organization that provides respite care or delivers home- and community-based services to adults or children with developmental disabilities or physical disabilities or to the elderly, but excluding a managed care organization unless the employees of the managed care organization provide respite care or deliver home- and community-based services to adults or children with developmental disabilities or physical disabilities or to the elderly;\nH. \"registry\" means an electronic database that provides information on substantiated employee abuse, neglect or exploitation; and\nI. \"secretary\" means the secretary of health.","path":["Chapter 27 - Public Assistance","ARTICLE 7A Employee Abuse Registry Act"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18527/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"c9c27de17a258580b4c0f71246b0f74e580bb6ab0cafd27200ad409f200cf77c","source_id":"us-nm","stale":false,"prev":"us-nm/27-7a-1","next":"us-nm/27-7a-3"},"notice":"GroundRules: Original legal text. Not legal advice."}