2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 3 - Nursing › Section 61-3-10.1 - Hemodialysis technicians; training programs; certification.

A. A statewide program for certification of hemodialysis technicians is created according to the rules adopted by the board.
B. Unless certified as a certified hemodialysis technician pursuant to the Nursing Practice Act, no person shall:
(1) practice as a certified hemodialysis technician; or
(2) use the title "certified hemodialysis technician", "hemodialysis technician" or other title, abbreviation, letters, figures, signs or devices to indicate or imply that the person is a certified hemodialysis technician.
C. The board shall:
(1) maintain a permanent register of all certified hemodialysis technicians;
(2) adopt rules for certified hemodialysis technician training programs, including standards and curricula;
(3) provide for periodic evaluation of training programs at least every two years;
(4) grant, deny or withdraw approval from a training program that fails to meet prescribed standards or fails to maintain a current contract with the board; and
(5) conduct disciplinary hearings of certified hemodialysis technicians or on the denial, suspension or revocation of certified hemodialysis technician certificates in accordance with the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
D. Except as provided in Section 61-1-34 NMSA 1978, every applicant for certification as a certified hemodialysis technician shall pay the required application fee, submit written evidence of having completed a board-approved training program for hemodialysis technicians and successfully complete a board-approved examination. The board shall issue a certificate to any person who fulfills the requirements for certification.
E. Every certificate issued by the board to practice as a certified hemodialysis technician shall be renewed every two years. The certified hemodialysis technician seeking renewal shall submit proof of employment as a certified hemodialysis technician and proof of having met continuing education requirements adopted by the board.
F. The board shall set the following nonrefundable fees:
(1) for initial certification by initial or subsequent examination, a fee not to exceed sixty dollars ($60.00);
(2) for renewal of certification, a fee not to exceed sixty dollars ($60.00);
(3) for reactivation of a lapsed certificate after failure to renew a certificate or following board action, a fee not to exceed sixty dollars ($60.00);
(4) for initial review and approval of a training program, a fee not to exceed three hundred dollars ($300);
(5) for subsequent review and approval of a training program that has changed, a fee not to exceed two hundred dollars ($200);
(6) for subsequent review and approval of a training program when a change has been required by a change in board policy or rules, a fee not to exceed fifty dollars ($50.00); and
(7) for periodic evaluation of a training program, a fee not to exceed two hundred dollars ($200).
History:
1978 Comp., § 61-3-10.1, enacted by Laws 1993, ch. 61, § 2; 1997, ch. 244, § 7; 2001, ch. 137, § 4; 2003, ch. 276, § 5; 2005, ch. 307, § 3; 2021, ch. 92, § 9.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 61, § 2 repealed former 61-3-10.1 NMSA 1978, as enacted by Laws 1989, ch. 93, § 1, and enacted a new section, effective June 18, 1993.
The 2021 amendment,
effective June 18, 2021, provided for the waiver of hemodialysis technician certification fees for military service members and veterans; and in Subsection D, added "Except as provided in Section 61-1-34 NMSA 1978".
The 2005 amendment,
effective April 7, 2005, changed "hemodialysis technician" to "certified hemodialysis technician"; deleted the former provisions of Subsections A(1) and (2) which defined "hemodialysis technician" and "training program"; provided in Subsection A that a statewide program for certification of hemodialysis technicians is created according to rules of the board; changed "this section" to "the Nursing Practice Act" in Subsection B; provided in Subsection C(4) that the board shall grant, deny or withdraw approval of a program that fails to maintain a current contract with the board; deleted the former provisions of Subsection C(5) which provided that the board shall withdraw approval from a program for failure to maintain a current contract with the board or for failure to pay the administrative fee as provided in the contract; provides in Subsection D that an applicant shall submit evidence of having completed a board-approved training program for hemodialysis technicians; deleted the former provision in Subsection E which provided that certificates shall be renewed every two years by the last day of the hemodialysis technician's certification month upon payment of the required fee; provided a fee for certification by initial or subsequent examination in Subsection F(1); provided a fee for reactivation of a lapsed certificate or following board action in Subsection F(3); increased the fee in Subsection F(3) from $30 to $60; increased the fee in Subsection F(5) from $100 to $200; increased the fee in Subsection F(7) from $150 to $200; and deleted former Subsection G which provided that training programs shall pay the board for administrative and other costs associated with oversight of the program.
The 2003 amendment,
effective June 20, 2003, added Paragraph C(5) and redesignated former Paragraph C(5) as (6).
The 2001 amendment,
effective June 15, 2001, changed the renewal month of a hemodialysis technician's certificate from the technician's birth month to his certification month in Subsection E; in Subsection F, inserted "by rule" in the introductory language, increased the fee in Paragraph (4) from $150 to $300, increased the fee in Paragraph (5) from $50 to $100, increased the fee in Paragraph (6) from $25 to $50, increased the fee in Paragraph (7) from $75 to $150; and added Subsection G.
The 1997 amendment,
effective June 20, 1997, substituted "every two years by the last day of the hemodialysis technician's birth month" for "biennially" at the beginning of Subsection E.