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Home care staff requirements in New Mexico

New Mexico licenses home health agencies through the Health Care Authority, and that license also covers agencies whose only service is personal care attendant or homemaker work. Caregivers must go through a fingerprint-based state and FBI check started within 20 days of hire, and may work under supervision while it is pending. Personal care attendants and homemakers need 40 hours of training in their first year (10 before going into a home) and 10 hours of in-service each year; home health aides need 75 hours and 12 hours of in-service each year.

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Licenses

An agency that provides at least one listed service, which includes home health aide, personal care attendant or homemaker services, must be licensed as a home health agency (8.370.22.9(A) NMAC).
The New Mexico Health Care Authority issues these rules; they replaced the former Department of Health rule 7.28.2 NMAC on July 1, 2024 (8.370.22.1 NMAC; 7.28.2 NMAC history note).

Background checks

Home health agencies are care providers under the Caregivers Criminal History Screening Act, so their caregivers must consent to a nationwide and statewide fingerprint-based criminal history screening upon a job offer (8.370.5.7(E) NMAC; 8.370.5.8(A) NMAC).
The agency must submit the fingerprints, forms and fees no later than 20 calendar days after the first day of employment (8.370.5.8(F) NMAC).
A caregiver who has submitted complete documents and fees may work in supervised conditional employment until the state gives written notice of the result (8.370.5.8(C) NMAC).
A caregiver hired within 12 months of a clean nationwide screening needs only a new statewide screening, though the employer may also request a nationwide one (8.370.5.8(B) NMAC).
The agency must keep evidence of each caregiver's clearance, pending reconsideration or disqualification for the term of employment (8.370.5.8(G) NMAC).

Training and competency

Personal care attendants and homemakers must complete at least 40 hours of training in their first year, including 10 hours before being placed in a client's home (up to 2 of which may be orientation) (8.370.22.31(C) NMAC).
Required topics for personal care attendants and homemakers include communication, client rights, record keeping, nutrition and meal preparation, housekeeping, care of the ill and disabled, emergency response including CPR and first aid, infection control, and home safety (8.370.22.31(C) NMAC).
Personal care attendants and homemakers must complete at least 10 documented hours of in-service training every 12 months (8.370.22.31(E)(3) NMAC).
Home health aides must complete a training program of at least 75 hours, including at least 16 hours of supervised practical training, or a competency evaluation program (8.370.22.30(A), (C) NMAC).
Home health aide competency evaluation must include a written test and a skills demonstration observed by an RN or LPN (8.370.22.30(E)(1) NMAC).
Home health aides must complete at least 12 documented hours of in-service training every 12 months and have a performance review with a skills demonstration at least every 12 months (8.370.22.30(F)-(G) NMAC).
An agency that wants to run its own aide, attendant or homemaker training must get its curriculum approved by the licensing authority first (8.370.22.30(B) NMAC; 8.370.22.31(B) NMAC).

Health screening

All staff, contractors and volunteers with patient or client contact must have a TB test following the Health Care Authority infectious disease bureau's requirements (8.370.22.22(B) NMAC).
Each staff record must include a health certificate stating the worker is free from transmissible tuberculosis (8.370.22.37(E) NMAC).

Also in the personnel file

All staff and contractors involved in patient or client care must be at least 18 years old (8.370.22.22(A) NMAC).
Staff records must include name, address, position, date of employment, the TB health certificate, and proof of any required state license or certification, and must be available to surveyors within four hours (8.370.22.37 NMAC).
A supervisor must write task instructions and make a documented supervisory visit to the client's home at least every 62 days for home health aides, personal care attendants and homemakers (8.370.22.29(D)-(F) NMAC).

Common questions

What background checks do home care aides need in New Mexico?

Home health agencies are care providers under the Caregivers Criminal History Screening Act, so their caregivers must consent to a nationwide and statewide fingerprint-based criminal history screening upon a job offer (8.370.5.7(E) NMAC; 8.370.5.8(A) NMAC).

How much training do home care aides need in New Mexico?

Personal care attendants and homemakers must complete at least 40 hours of training in their first year, including 10 hours before being placed in a client's home (up to 2 of which may be orientation) (8.370.22.31(C) NMAC).

Do home care workers in New Mexico need a TB test?

All staff, contractors and volunteers with patient or client contact must have a TB test following the Health Care Authority infectious disease bureau's requirements (8.370.22.22(B) NMAC).

Which license does a home care agency need in New Mexico?

An agency that provides at least one listed service, which includes home health aide, personal care attendant or homemaker services, must be licensed as a home health agency (8.370.22.9(A) NMAC).

Some rules for New Mexico weren't confirmed from an official source. Check with the state before relying on this page.

Sources

This page summarizes state licensing rules in plain words, with links to the rules themselves. It is not legal advice, rules change, and your license type decides what applies: check the linked source and your licensing agency. Medicare-certified home health agencies also follow 42 CFR 484.80. Checked October 2026.

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