reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in Part 18 of Chapter 23 apply to any
				  temporary permittee or licensee governed by the Respiratory Care Act who may be
				  subject to investigation and disciplinary action for violations of the Impaired
				  Health Care Provider Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 18 of Chapter 23 is promulgated pursuant to the
				  Respiratory Care Act, Section
				  61-12B-6
				  NMSA 1978; the Uniform Licensing Act, Section
				  61-1-1
				  through Section 61-1-36 NMSA 1978; and the Impaired Health Care Provider Act,
				  Section
				  61-7-1
				  through
				  61-7-12
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 21, 2022 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 18 of Chapter 23 is to set forth
				  policies and guidelines for disciplinary action when evidence or allegations of
				  violation of the Impaired Health Care Provider Act a temporary permittee or
				  licensed practitioner have been presented to the department or to the
				  board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All definitions related to this section are in
				  16.23.1.7
				  NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.8 - EXCESSIVE OR HABITUAL USE OR ABUSE OF INTOXICANTS OR DRUGS

Current through Register Vol. 35, No. 13, July 16, 2024
In cases where the department or the board has reasonable
				  cause to believe that a temporary permittee or a licensed practitioner is
				  engaging in the excessive or habitual use or abuse of intoxicants or drugs, as
				  defined in the Controlled Substances Act, and that such activity may compromise
				  the permittee's or licensee's ability to practice respiratory care with
				  reasonable skill and safety to patients, the department, in consultation with
				  the board, shall conduct an investigation into the matter in accordance with
				  the provisions established in the Impaired Health Care Provider
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.9 - EXAMINING COMMITTEE DESIGNATED

Current through Register Vol. 35, No. 13, July 16, 2024
The department, in consultation with the board, shall
				  designate three licensed health care providers as members of an "examining
				  committee" to examine the temporary permittee or licensed practitioner believed
				  to be impaired by the excessive or habitual use or abuse of intoxicants or
				  drugs.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.10 - EXAMINATION CONDUCTED BY EXAMINING COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the provisions in the Impaired Health
				  Care Provider Act, the examining committee shall order and conduct an
				  examination and may require a physical examination or drug test of the
				  permittee or licensee, to determine fitness to practice respiratory care with
				  reasonable skill or safety to patients, either on a restricted or unrestricted
				  basis.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.11 - PHYSICAL EXAM OR DRUG TEST ORDERED

Current through Register Vol. 35, No. 13, July 16, 2024
The physical examination and drug test ordered by the
				  examination committee shall be performed by a licensed professional designated
				  by the department. The cost of said examination or test shall be borne by the
				  temporary permittee or licensed practitioner.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.12 - EXAMINING COMMITTEE REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				examining committee shall report its findings on the examination and make
				recommendation to the board and the department.
B. Recommendations made to the board and the
				department by the examining committee shall be advisory only and shall not be
				binding on the board or the department.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.13 - RESULTS ADMISSIBLE

Current through Register Vol. 35, No. 13, July 16, 2024
The results of the examining committee's findings and the
				  physical exam and drug test shall be admissible in any subsequent review by the
				  board or hearing before the department, notwithstanding any claim of privilege
				  under a contrary rule or law or statute.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.15 - FAILURE OR REFUSAL TO SUBMIT TO EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
Failure or refusal by the temporary permittee or licensed
				  practitioner to comply with an examining committee order to appear before it
				  for examination, or to submit to a physical examination or drug test pursuant
				  to the Impaired Health Care Provider Act, shall be grounds for immediate and
				  summary suspension of the temporary permit or license by the department until
				  further order by the department.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.16 - ACTION ON EXAMINATION COMMITTEE REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
The department, in consultation with the board, may accept or
				  reject any finding, determination, or recommendation made by the examining
				  committee to the board regarding the temporary permittee's or licensee's
				  ability to continue to practice with or without restriction on the temporary
				  permit or the license, or it may refer the matter back to the board or the
				  examination committee for further examination and report, or it may decide that
				  formal disciplinary action is immediately warranted.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.18 - ENTITLEMENT TO HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
Before the department, in consultation with the board, can
				  take action to restrict, suspend, or revoke the temporary permittee's permit or
				  practitioner's license on the evidence reported by the examining committee, the
				  temporary permittee or licensed practitioner shall be entitled to a hearing
				  under, and in accordance with, the procedures contained in the Impaired Health
				  Care Provider Act and the Uniform Licensing Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.20 - REQUEST FOR VOLUNTARY RESTRICTION OF THE PERMIT OR LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
In lieu of a formal hearing, the temporary permittee or
				  licensed practitioner may voluntarily request, in writing to the department, a
				  restriction of the temporary permit or the license to practice respiratory
				  care.
A. The department, in
				consultation with the board, may grant the request for restriction and shall
				have authority, if it deems appropriate, to attach conditions to the temporary
				permit or practitioner's license to practice within specified
				limitations.
B. Upon imposition of
				voluntary restrictions on the temporary permit or the practitioner's license,
				the department, in consultation with the board, shall have the authority, if it
				deems appropriate, to waive the commencement of any further disciplinary
				proceedings conducted in accordance with the Uniform Licensing Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.21 - PETITION FOR REMOVAL OF VOLUNTARY RESTRICTION

Current through Register Vol. 35, No. 13, July 16, 2024
The temporary permittee or licensed practitioner shall have
				  a right, at reasonable intervals after a year, to petition the department in
				  writing, for the removal of the voluntary restriction and to demonstrate that
				  he or she is capable of resuming the competent practice of respiratory care
				  with reasonable skill and safety to patients.
A. The department, in consultation with the
				board, shall act on the petition by referring it to the examining committee,
				who shall conduct the necessary examination of the temporary permittee or the
				licensed practitioner, and make written recommendation to the board.
B. Upon consideration of the examining
				committee's recommendation, the department, in consultation with the board may,
				in its discretion, remove the voluntary restriction on the temporary permit or
				practitioner's license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.22 - ABSENCE OF A VOLUNTARY REQUEST FOR RESTRICTION

Current through Register Vol. 35, No. 13, July 16, 2024
In the absence of a request by the temporary permittee or
				  licensed practitioner for voluntary restriction of their temporary permit or
				  practitioner's license as provided in
				  16.23.18.20
				  NMAC (this rule), the department may, in its discretion, initiate proceedings
				  for the restriction, suspension, or revocation of the temporary permit or
				  practitioner's license in accordance with the Impaired Health Care Provider Act
				  and the Uniform Licensing Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.23 - TEMPORARY SUSPENSION

Current through Register Vol. 35, No. 13, July 16, 2024
The department may temporarily suspend the temporary permit
				  or license without a hearing, simultaneously with the institution of
				  proceedings under the Impaired Health Care Provider Act or the Uniform
				  Licensing Act, if it finds that the evidence in support of the examining
				  committee's determination is clear and convincing and that the respondent's
				  continuation in practice would constitute an imminent danger to the health and
				  safety of the public. The respondent shall be entitled to a hearing to set
				  aside the suspension no later than sixty days after the license is
				  suspended.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.24 - PETITION FOR REINSTATEMENT, RESTORATION, OR MODIFICATION OF DISCIPLINARY ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
Subsequent to formal proceedings under the Impaired Health
				  Care Provider Act and the Uniform Licensing Act, any temporary permittee or
				  licensed practitioner who is prohibited from practicing respiratory care may,
				  after a year from the date of suspension or revocation of the temporary permit
				  or practitioner's license, petition the department for reinstatement or
				  restoration of his or her temporary permit or license to practice, or for
				  modification of the final disciplinary orders.
A. The application for reinstatement or
				restoration of the temporary permit or practitioner's license, or for the
				modification of the disciplinary orders shall be made in writing to the
				department by the temporary permittee or licensed practitioner.
B. The temporary permittee or licensed
				practitioner shall be afforded an opportunity to demonstrate that he or she can
				resume the practice of respiratory care with reasonable skill, competence, and
				safety to patients and shall be required to provide verifiable proof of
				compliance with any stipulations in the disciplinary order.
(1) The department may require an examination
				by the examining committee for such reinstatement, restoration, or modification
				of the temporary permit or practitioner's license.
(2) The department may require verification
				that the temporary permittee or licensed practitioner has completed a treatment
				program for alcohol or chemical dependency.
(3) The department may require verifiable
				proof that the temporary permittee or licensed practitioner has remained
				abstinent from alcohol or chemical dependence, except for drugs prescribed by a
				licensed physician for a legitimate medical condition, for a minimum of at
				least one year.
(4) The department
				may require verifiable proof that the temporary permittee or licensed
				practitioner has maintained active and uninterrupted participation in a program
				of aftercare which provides for periodic monitoring and supervision by
				appropriately trained personnel, and which includes random and unannounced drug
				and alcohol screening of urine or blood.
(5) The department shall have the discretion
				to accept or reject the petition for reinstatement or restoration of the
				temporary permit or practitioner's license, or for modification of the
				disciplinary orders.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 1 - GENERAL PROVISIONS › Section 16.24.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to applicants, licensees, certificate
				  holders and persons or agencies within the jurisdiction of the
				  board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 1 - GENERAL PROVISIONS › Section 16.24.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To define terms relevant to animal sheltering, euthanasia,
				  circumstances under which a license is required, persons exempted from
				  licensing, custody and alteration of a license, transferability, display of
				  license, notification of changes, local regulations, and professional ethical
				  standards, and to set forth standards for the operation, meeting and record
				  keeping requirements of the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 1 - GENERAL PROVISIONS › Section 16.24.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Words
				starting with the letter A:
(1)
"Act"
means the Veterinary Practice Act, Subsections B of Sections
				77-1-1
				through
				77-1-12
				NMSA 1978.
(2)
"Animal"
means any animal, except humans, not defined as
				"livestock" in Subsection T of this section.
(3)
"Animal shelter"
means:
(a) a county or municipal facility that
				provides shelter to animals on a regular basis; and
(b) a private humane society or a private
				animal shelter that temporarily houses stray, unwanted or injured animals
				through administrative or contractual arrangements with a local government
				agency; and
(c) does not include a
				municipal zoological park.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 1 - GENERAL PROVISIONS › Section 16.24.1.8 - NON-PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The following records are considered confidential and are
				  not subject to public inspection:
A.
				letters of reference;
B. medical
				reports or records of chemical dependency, physical or mental examinations or
				treatment;
C. the contents of any
				examination used to test for an individual's knowledge or competence;
D. investigative files if disclosure would
				impede the investigation;
E.
				written communication relating to actual or potential disciplinary action,
				including complaints, until the board acts or declines to act; and
F. matters of opinion in personnel
				files.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 1 - GENERAL PROVISIONS › Section 16.24.1.9 - SAVINGS CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
If any provision of these rules or the application thereof
				  to any person or circumstances shall be held to be invalid or unconstitutional,
				  the remainder of these rules and the application of such provisions to other
				  persons or circumstances shall not be affected thereby.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 2 - LICENSURE AND CERTIFICATION › Section 16.24.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to applicants, licensees, certificate
				  holders and persons or agencies within the jurisdiction of the
				  board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 2 - LICENSURE AND CERTIFICATION › Section 16.24.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  61-14-5;
				  Section
				  61-14-8;
				  Section
				  61-14-9;
				  Section
				  61-14-10;
				  Section
				  61-14-12;
				  Section
				  61-14-13;
				  Section
				  61-14-14
				  and Section
				  61-14-15
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 2 - LICENSURE AND CERTIFICATION › Section 16.24.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2018 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 2 - LICENSURE AND CERTIFICATION › Section 16.24.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide for the most humane restraint, in-facility
				  capture, and death possible for animals when euthanasia is
				  required.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 2 - LICENSURE AND CERTIFICATION › Section 16.24.2.8 - PRACTICING WITHOUT A LICENSE OR CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is a violation of the act for a person,
				other than a veterinarian licensed to practice in New Mexico, to perform
				euthanasia for a euthanasia agency in this state unless the individual is
				licensed by the board pursuant to Subsection B of Section 77-1-6N MSA
				1978.
B. It is a violation of the
				act for an entity other than a veterinary facility to perform euthanasia unless
				the agency is licensed by the board pursuant to Subsection B of Section 77-1-8
				NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 2 - LICENSURE AND CERTIFICATION › Section 16.24.2.9 - LICENSURE OR CERTIFICATION EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The act does not apply to veterinarians
				licensed in New Mexico.
B. The act
				does not apply to wildlife rehabilitators working under the auspices of the
				department of game and fish.
C. A
				for profit veterinary facility serving as a euthanasia agency pursuant to a
				contract with a local government is exempt from the provisions of the act;
				provided that the veterinary facility is subject to licensure and rules adopted
				pursuant to the Veterinary Practice Act, Section
				61-14-1
				et. seq. NMSA 1978.
D. A municipal
				facility that is a zoological park is exempt from the provisions of the
				act.
E. A commissioned law
				enforcement officer is exempt from the act when conducting emergency field
				euthanasia or in situations where the public's health or safety is at risk or
				the animal is irremediably suffering.
F. The board may exempt a euthanasia
				instructor from the required euthanasia technician testing based upon review of
				the applicant's credentials and practical experience in shelter euthanasia. The
				applicant shall be required to obtain a euthanasia instructor certificate and
				is subject to the required certified euthanasia instructor duties.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 2 - LICENSURE AND CERTIFICATION › Section 16.24.2.10 - CUSTODY AND ALTERATION OF LICENSE OR CERTIFICATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licenses and certificates issued by the
				board are at all times the property of the board, and may remain in the custody
				of the licensee or certificate holder only as long as the licensee or
				certificate holder complies with the act and board rules.
B. Licenses and certificates shall not be
				altered or duplicated in any way.
C. Inspectors or board designees shall
				retrieve any license or certificate that is suspended, revoked, expired, or
				left by a licensee or certificate holder who is no longer employed at an
				establishment.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 2 - LICENSURE AND CERTIFICATION › Section 16.24.2.11 - LICENSE OR CERTIFICATE NOT TRANSFERABLE

Current through Register Vol. 35, No. 13, July 16, 2024
A license or certificate issued by the board pursuant to the
				  act shall not be transferred or assigned.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 2 - LICENSURE AND CERTIFICATION › Section 16.24.2.12 - DISPLAY OF LICENSE OR CERTIFICATE AND NOTIFICATION OF CHANGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A euthanasia
				technician license or a euthanasia agency license shall at all times be posted
				in the euthanasia room of the euthanasia agency, unless the euthanasia
				technician is working at a location other than the euthanasia agency. If the
				euthanasia technician is performing euthanasia off site, the licensee shall
				have the license in his or her possession. Euthanasia instructor certificate
				holders shall have the certificate in his or her possession when teaching any
				board approved euthanasia technician training course.
B. Licensees and certificate holders shall
				notify the board of any change of address, phone or other contact information
				within 30 days. If a euthanasia agency has a change of address, its current
				license will be invalidated on the date the change in address is effective and
				the agency shall reapply to the board for a valid license in order to perform
				euthanasia.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 2 - LICENSURE AND CERTIFICATION › Section 16.24.2.13 - APPLICATION FOR LICENSURE AS A EUTHANASIA TECHNICIAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. In order to obtain a license as a licensed
				euthanasia technician, the applicant shall submit the following documentation
				and a completed application on a form provided by the board which may available
				online, accompanied by the required fees:
(1)
				proof of age indicating the applicant is at least 18 years of age, such as a
				copy of a driver's license or a copy of a state issued identification card (do
				not submit a copy of a birth certificate);
(2) two, two inch by two inch original
				photographs taken within the past six months;
(3) a notarized authorization for release of
				information form;
(4) state
				criminal history background check as specified in
				16.24.2.17
				NMAC;
(5) verification that the
				applicant holds a high school diploma or its equivalent;
(6) verification that the applicant holds a
				certificate of completion, or similar document, of a board approved euthanasia
				technician training course within three years preceding the date the
				application for licensure is submitted, which course shall be approved as
				described in
				16.24.2.18
				NMAC;
(7) verification of passing a
				board approved examination administered by a certified euthanasia instructor at
				a board approved euthanasia training course with a grade of at least eighty
				percent;
(8) passing an
				examination, administered by the board, with a grade of at least eighty
				percent;
(9) any other information
				or verifications the board may request.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 2 - LICENSURE AND CERTIFICATION › Section 16.24.2.14 - APPLICATION FOR CERTIFICATION AS A EUTHANASIA INSTRUCTOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. In order to obtain a certificate as a
				certified euthanasia instructor the applicant shall submit the following
				documentation and a completed application on a form provided by the board,
				which may be available online, accompanied by the required fees:
(1) proof of age indicating the applicant is
				at least 21 years of age such as a copy of a driver's license or a copy of a
				state issued identification card (do not submit a copy of a birth
				certificate);
(2) two, two inch by
				two inch original photographs taken within the past six months;
(3) a notarized authorization for release of
				information form;
(4) state
				criminal history background check as specified in
				16.24.2.17
				NMAC;
(5) verification that the
				applicant holds a high school diploma or its equivalent;
(6) verification that the applicant holds a
				certificate of completion of a board approved euthanasia technician training
				course, completed within one year preceding the date the application for
				certification is submitted;
(7)
				verification of passing a board approved examination for a board approved
				euthanasia technician training course with a grade of at least ninety
				percent;
(8) verification of at
				least one year of practical experience in the euthanasia of shelter animals
				preceding the date of application;
(9) any other information or verifications
				the board may request.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 2 - LICENSURE AND CERTIFICATION › Section 16.24.2.15 - APPLICATION FOR LICENSURE AS A EUTHANASIA AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
All agencies that will provide euthanasia services on or
				  after January 1, 2010, shall be licensed by the board by January 1, 2010, or
				  before performing euthanasia services if the agency does not begin performing
				  euthanasia services until a later date. In order to obtain a license as a
				  euthanasia agency, the applicant shall submit the following documentation and a
				  competed application on a form provided by the board, which may be online,
				  accompanied by the required fee:
A.
				the agency shall have at least one licensed euthanasia technician on staff who
				shall at all times be assisted by a trained assistant;
B. the agency shall provide the names of
				their current licensed euthanasia technicians at the time of application or
				renewal for licensure and shall notify the board when there is a change in
				licensed euthanasia technicians at the agency within 30 days;
C. the agency shall have a written
				contingency plan for providing euthanasia in the event the agency is without a
				licensed euthanasia technician;
D.
				the agency shall notify the board in the event it no longer has a licensed
				euthanasia technician on staff within 72 hours;
E. the agency shall keep accurate controlled
				substance and dangerous drug logs, in compliance with applicable state
				controlled substances laws, which shall be inspected quarterly according to the
				guidelines of the New Mexico pharmacy board and shall be made available to the
				board approved euthanasia agency inspector;
F. the agency shall identify and describe any
				contracts with a supervising veterinarian, a consulting pharmacist and any
				holder of DEA licenses;
G. the
				agency shall comply with board inspections;
H. the agency shall pay the license fee
				established by the board; and
I.
				the agency shall provide any other information or verifications the board may
				request.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 2 - LICENSURE AND CERTIFICATION › Section 16.24.2.16 - APPLICATION FOR LICENSE OR CERTIFICATE RENEWALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licenses and certificates shall be valid
				for one year from the date the license or certificate is issued. Each licensee
				or certificate holder shall, on or before the expiration date of the license or
				certificate submit a renewal form provided by the board and pay a renewal fee
				as established by the board. Holders of a license or certificate who fail to
				renew on or before the expiration date may not practice past the expiration
				date and may be considered to be practicing without a license. Any person may
				reinstate an expired license or certificate within three years of its
				expiration by making application to the board for renewal and paying the
				current renewal fee along with all delinquent renewal fees and late fees. After
				three years have elapsed since the date of expiration, a license or certificate
				may not be renewed and the holder shall apply for a new license or certificate
				and take the required examination. The board may assess a late fee on the
				applicant as established by the board. License or certificate holders shall
				also comply with Subsections B through D to renew a license or certificate, as
				applicable.
B. For each renewal, a
				euthanasia technician shall also:
(1) provide
				proof of having taken four hours of board-approved continuing education courses
				or in-service training during the prior year, which may include, but are not
				limited to, animal handling, euthanasia, recording and handling of controlled
				substances and dangerous drugs, shelter operations and teacher training
				courses. Credit for non-contact forms of instruction including online training
				is accepted. A maximum of four credit hours may be accrued as excess and
				carried forward to the subsequent licensing year.
(2) complete any continuing education course
				specifically required by the board within the preceding twelve
				months;
(3) be responsible for
				proving the validity of the reported continuing education hours by submitting
				photocopies of seminar registrations or completion certificates, or similar
				documentation; and
(4) submit a
				request for course approval including a course description with course outline,
				the number of course hours, and agency teaching the course, in writing to the
				board if there is a question about whether a particular course, class, or
				seminar will be approved for credit.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 2 - LICENSURE AND CERTIFICATION › Section 16.24.2.17 - APPLICANT BACKGROUND CHECK PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to Subsection B of Section
				77-1-5(N)
				NMSA 1978 all applicants for initial issuance or reinstatement of a license or
				certificate in New Mexico shall be required to establish positive
				identification for a state criminal history background check, except
				commissioned law enforcement officers.
B. Department of public safety authorization
				for release of information form shall be submitted to the department of public
				safety with a money order or cashier's check made out to the department of
				public safety, for the prescribed fee for the amount established by the
				department of public safety for the processing of state criminal history
				background checks.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 2 - LICENSURE AND CERTIFICATION › Section 16.24.2.18 - CURRICULUM FOR BOARD APPROVED EUTHANASIA TECHNICIAN TRAINING COURSES

Current through Register Vol. 35, No. 13, July 16, 2024
In order to receive board approval for a euthanasia
				  technician training course that will be taught on or after July 1, 2009, the
				  euthanasia instructor shall submit a written request for approval to the board
				  along with 12 copies of the instructor's manual, the course curriculum and a
				  description of the test administered by the instructor. Courses will be
				  approved until such time as the board revokes the approval. Approved courses
				  will subject to annual review. The curriculum shall include the
				  following.
A. animal anatomy and
				physiology as related to euthanasia;
B. euthanasia: the history, current
				standards, stages of euthanasia, best practices;
C. euthanasia by injection: acceptable sites
				(advantages, disadvantages, criteria for selecting which site), restraint for
				each type of injection, injection techniques and mechanics of each technique,
				acceptable euthanasia drugs, best practices;
D. pre-euthanasia anesthesia: uses, stages of
				anesthesia, criteria for judging depth of anesthesia, drugs for this use,
				administration sites and methods, best practices;
E. verification of death: proper and accurate
				methods of verification of death;
F. pharmaceuticals: controlled and
				non-controlled substances (types, method of actions, uses), dosage
				calculations, security and storage of both types of drugs, record keeping, drug
				logs, controlled substance logs, labeling of drug mixtures, material safety
				data sheets (MSDS sheets), inventory management;
G. proper disposal techniques: euthanized
				animals, drug waste, expired drugs, sharps, biohazardous or infectious
				waste;
H. euthanasia by
				non-injection method: criteria for choosing case for non-injection
				method;
I. emergency field
				euthanasia: methods and best practices for emergency field
				euthanasia;
J. animal handling:
				humane handling techniques, techniques to reduce animal stress, restraint of
				wild or unsocialized animals, humane capture techniques for in-facility
				escapes;
K. species other than dogs
				and cats: restraint techniques, acceptable and best euthanasia techniques for
				each species, public health concerns, rabies (description of disease, signs,
				submission procedures);
L.
				euthanasia room: equipment and supplies (use and location), backup equipment,
				setup, lighting, safety measures; and
M. staff health and safety concerns: zoonotic
				disease, emergency equipment (use, location), sharps handling and disposal,
				work place safety, safety equipment and apparel, eye wash station; compassion
				fatigue and euthanasia-related stress (recognition, reduction techniques,
				professional services).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 3 - DUTIES OF LICENSEES AND CERTIFICATE HOLDERS › Section 16.24.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to applicants, licensees, certificate
				  holders and persons or agencies within the jurisdiction of the
				  board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 3 - DUTIES OF LICENSEES AND CERTIFICATE HOLDERS › Section 16.24.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to the Veterinary
				  Practice Act, Subsections B of Sections
				  77-1-5,
				  77-1-6,
				  77-1-7N MSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 3 - DUTIES OF LICENSEES AND CERTIFICATE HOLDERS › Section 16.24.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2018 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 3 - DUTIES OF LICENSEES AND CERTIFICATE HOLDERS › Section 16.24.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish board approved procedures for humane euthanasia
				  of common shelter animals in New Mexico that include duties of euthanasia
				  agencies, euthanasia technicians, and euthanasia instructors in order to ensure
				  approved humane restraint and euthanasia techniques are consistently
				  practiced.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 3 - DUTIES OF LICENSEES AND CERTIFICATE HOLDERS › Section 16.24.3.9 - DUTIES OF A LICENSED EUTHANASIA TECHNICIAN

Current through Register Vol. 35, No. 13, July 16, 2024
The duties of a euthanasia technician shall include but are
				  not limited to:
A. performing
				euthanasia on a sufficient number and variety of animals under the direct
				supervision of a veterinarian or a skilled, knowledgeable licensed euthanasia
				technician to demonstrate proficiency in the performance of humane euthanasia
				before performing euthanasia without supervision, and, verifying in writing to
				the board (for example, by a letter written by the supervising veterinarian or
				euthanasia technician) within 60 days that the technician has demonstrated
				proficiency and maintains that documentation at the euthanasia agency, provided
				that this requirement does not apply to euthanasia technicians who have
				performed euthanasia for a period of at least six months;
B. preparing animals for euthanasia,
				including scanning for the presence of a microchip in companion
				animals;
C. carefully and
				accurately recording the dosage and drug waste for each euthanasia performed
				pursuant to the rules of the New Mexico board of pharmacy;
D. maintaining the security of all controlled
				substances and dangerous drugs, including records relating to controlled
				substances and dangerous drugs, at the euthanasia agency in accordance with
				applicable state and federal laws;
E. reporting to the board and the department
				of health any infraction of the act or rules adopted pursuant to the act, or
				any misuse of drugs;
F. humanely
				capturing, restraining, and euthanizing animals as taught in board approved
				euthanasia technician training courses;
G. disposing of remains in accordance with
				law;
H. maintaining license in an
				active status;
I. reporting any
				change of name, address, telephone or other contact information to the board
				within 30 days;
J. providing to the
				board or authorized board representative a reply to a request for information
				allowed under the act or these rules within ten working days;
K. a euthanasia technician shall prepare a
				report of any euthanasia performed that deviates from board approved rules, and
				the euthanasia agency shall keep these records on file for four
				years.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 3 - DUTIES OF LICENSEES AND CERTIFICATE HOLDERS › Section 16.24.3.10 - DUTIES OF A CERTIFIED EUTHANASIA INSTRUCTOR

Current through Register Vol. 35, No. 13, July 16, 2024
The duties of a certified euthanasia instructor shall
				  include but are not limited to:
A.
				reporting any change of name, address, phone or other contact information to
				the board within 30 days;
B.
				maintaining current knowledge of New Mexico board of pharmacy rules and the New
				Mexico board of veterinary medicine rules, as they apply to euthanasia and
				controlled substances used in the practice of euthanasia;
C. providing reports on a form provided to
				the board within 30 days of the completion of the courses;
D. providing to the board or authorized board
				representative, a reply to a request for additional information allowed under
				the act or these rules within ten working days.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 3 - DUTIES OF LICENSEES AND CERTIFICATE HOLDERS › Section 16.24.3.11 - DUTIES OF A LICENSED EUTHANASIA AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The duties of a licensed euthanasia agency include, but are
				  not limited to:
A. keeping records for
				a period of four years showing:
(1) those
				individuals who are authorized in writing, in accordance with these rules, by
				the euthanasia agency to administer an FDA approved sodium pentobarbital
				euthanasia solution or other board approved euthanasia solution;
(2) logs with respect to controlled
				substances used to carry out humane euthanasia in accordance with the New
				Mexico pharmacy board rules;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 3 - DUTIES OF LICENSEES AND CERTIFICATE HOLDERS › Section 16.24.3.12 - EUTHANASIA BY INJECTION OF FDA APPROVED SODIUM PENTOBARITAL EUTHANASIA SOLUTION OR BOARD APPROVED EUTHANASIA SOLUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The approved routes of injections of an
				FDA approved sodium pentobarbital euthanasia solution or board approved
				euthanasia solutions, listed in order of preference, are:
(1) intravenous injection as taught in board
				approved euthanasia technician training courses;
(2) intraperitoneal injection, but only if
				used as taught in a board approved euthanasia technician training course and as
				set forth below; or
(3)
				intracardiac injection, but only if used in accordance with Section
				30-18-15
				NMSA 1978 and as set forth below; it is unlawful for a euthanasia technician to
				use intracardiac injections to administer euthanasia to a conscious
				animal.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 3 - DUTIES OF LICENSEES AND CERTIFICATE HOLDERS › Section 16.24.3.15 - EMERGENCY FIELD EUTHANASIA

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				From time to time, there will be cases when emergency field euthanasia will be
				required. Cases shall be limited to:
(1)
				situations in which the animal is in severe, acute distress or is irremediably
				suffering in which delay or movement of the animal will cause severe pain and
				suffering;
(2) situations in which
				movement of the animal poses immediate and significant risk to the animal,
				human, or public health or safety.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 4 - FEES › Section 16.24.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to applicants, licensees, certificate
				  holders and persons or agencies within the jurisdiction of the
				  board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 4 - FEES › Section 16.24.4.8 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
All fees are payable to the board and are non-refundable. No
				  individual fee shall exceed $150.00 annually. Fees are as follows.
A. Application for euthanasia technician
				license $ 100.00
B. Renewal for
				euthanasia technician license $ 100.00
C. Application for 60-day temporary license $
				75.00
D. Application for euthanasia
				instructor certification $ 150.00
E. Renewal for euthanasia instructor
				certification $ 150.00
F.
				Application for euthanasia agency license $ 150.00
G. Renewal for euthanasia agency license $
				150.00
H. Late renewal fee
				(includes technician, instructor and agency) $ 100.00
I. Verification of licensure or certification
				$ 25.00
J. Listing of licensees
				(paper or electronic) $ 75.00
K.
				Charge for insufficient funds $ 50.00
L. Duplicate licenses $ 25.00
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 7 - MINIMUM STANDARDS - ANIMAL SHELTERS › Section 16.24.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to all county or municipal facilities and
				  private humane societies or private animal shelters operating in the state of
				  New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 7 - MINIMUM STANDARDS - ANIMAL SHELTERS › Section 16.24.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Veterinary Practice Act, Section
				  61-14-5
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 24 - SHELTERING PROVIDERS › Part 7 - MINIMUM STANDARDS - ANIMAL SHELTERS › Section 16.24.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 1, 2020 unless a later date is cited at the end of a
				  section.