2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12B - Respiratory Care › Section 61-12B-12 - Denial, suspension, revocation and reinstatement of licenses. (Repealed effective July 1, 2028.)

A. The superintendent in consultation with the board and in accordance with the rules set forth by the department and the procedures set forth in the Uniform Licensing Act [61-1-1 through 61-1-31 NMSA 1978] may take disciplinary action against a license or temporary permit held or applied for pursuant to the Respiratory Care Act for the following causes:
(1) fraud or deceit in the procurement of or attempt to procure a license or temporary permit;
(2) imposition of any disciplinary action for an act that would be grounds for disciplinary action by the department pursuant to the Respiratory Care Act or as set forth by rules of the department upon a person by an agency of another jurisdiction that regulates respiratory care;
(3) conviction of a crime that substantially relates to the qualifications, functions or duties of a respiratory care practitioner. The record of conviction or a certified copy thereof shall be conclusive evidence of the conviction;
(4) impersonating or acting as a proxy for an applicant in an examination given pursuant to provisions of the Respiratory Care Act;
(5) habitual or excessive use of intoxicants or drugs;
(6) gross negligence as defined by rules of the department in the practice of respiratory care;
(7) violating a provision of the Respiratory Care Act or a rule duly adopted pursuant to that act or aiding or abetting a person to violate a provision of or a rule adopted pursuant to that act;
(8) engaging in unprofessional conduct as defined by rules set forth by the department;
(9) committing a fraudulent, dishonest or corrupt act that is substantially related to the qualifications, functions or duties of a respiratory care practitioner;
(10) practicing respiratory care without a valid license or temporary permit;
(11) aiding or abetting the practice of respiratory care by a person who is not licensed or who has not been issued a temporary permit by the department;
(12) conviction of a felony. The record of conviction or a certified copy thereof shall be conclusive evidence of the conviction;
(13) violating a provision of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978];
(14) failing to furnish the department or its investigators or representatives with information requested by the department in the course of an official investigation;
(15) practicing beyond the scope of respiratory care as defined in the Respiratory Care Act or as set forth by rules of the department; or
(16) surrendering a license, certificate or permit to practice respiratory care in another jurisdiction while an investigation or disciplinary proceeding is pending for an act or conduct that would constitute grounds for disciplinary action under the Respiratory Care Act.
B. The department, in consultation with the board, may impose conditions on and promulgate rules relating to the reapplication or reinstatement of applicants, licensees or temporary permittees who have been subject to disciplinary action by the department.
History:
Laws 1984, ch. 103, § 12; 1987, ch. 329, § 5; 1993, ch. 150, § 7; 2001, ch. 188, § 13.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12B-16 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, rewrote Subsection A, which formerly read "The superintendent may refuse to issue or may suspend or revoke any license in accordance with the procedures set forth in the Uniform Licensing Act for the following causes:"; rewrote Paragraph A(1), which formerly read "fraud in the procurement of any license under that act"; rewrote Paragraph A(2) which formerly read "imposition of any disciplinary action upon a person by an agency of another state which regulates respiratory care but not to exceed the period or extent of such action"; substituted "pursuant to provisions of the Respiratory Care Act" for "under that act" in Paragraph A(4); rewrote Paragraph A(6), which formerly read "gross negligence in practice as a respiratory care practitioner"; inserted "as defined by rules set forth by the department" in Paragraph A(8); added Paragraphs A(10) to A(16); rewrote Subsection B, which formerly provided for applications for reinstatement one year after a license was revoked, and gave the superintendent the power to accept, reject or require an examination of the applicant; and deleted Subsection C, regarding the reinstatement of licenses revoked due to the abuse of drugs.
The 1993 amendment,
effective June 18, 1993, added Subsection C.