reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 12 - CONTINUING EDUCATION › Section 16.23.12.8 - CONTINUING EDUCATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The completion of 20 clock hours of continuing education is
				  a requirement for biennial license renewal or license reactivation.
A. Continuing education hours must be
				directly related to respiratory therapy, pulmonary function technology, or
				related inter-disciplinary areas of health care.
B. All licensees must complete at least one
				hour of ethics related continuing education in the license renewal
				cycle.
C. The department may
				consult with the board to resolve questions as to appropriate continuing
				education hours.
(1) The department shall be
				the final authority on acceptance of any educational activity submitted by a
				licensee or a sponsor for approval.
(2) Each respiratory care practitioner must
				participate in at least 20clock hours of continuing education activities every
				renewal cycle, or as provided by
				16.23.12.12
				NMAC and
				16.23.12.13
				NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 12 - CONTINUING EDUCATION › Section 16.23.12.9 - APPROVED CONTINUING EDUCATION PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department will approve, on a clock
				hour basis, continuing education activities which meet the criteria in
				Subsection A of
				16.23.12.8
				NMAC, and which are sponsored or approved for respiratory care practitioners.
				Below is the list of approved continuing education providers:
(1) AAP, American academy of
				pediatrics;
(2) ACCP, American
				college of chest physicians;
(3)
				ATS, American thoracic society;
(4)
				AOA, American osteopathic association;
(5) AMA, American medical
				association;
(6) ASA, American
				society of anesthesiologists;
(7)
				ABIM, American board of internal medicine;
(8) ALA, American lung association;
(9) ACC. American college of
				cardiologists;
(10) AAST American
				association of sleep technologists;
(11) NMSRC New Mexico society for respiratory
				care;
(12) AARC American
				association for respiratory care;
(13) any AARC state affiliate; and
(14) AASM, American academy of sleep
				medicine.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 12 - CONTINUING EDUCATION › Section 16.23.12.10 - DOCUMENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
Licensees shall be responsible for maintaining documentation
				  of their continuing education activities and shall be required to submit copies
				  of proofs of attendance at the time of license renewal if requested by the
				  department.
A.
Proofs of
				attendance.
Proofs of attendance, including those for in-services, must
				clearly state the following:
(1) name,
				address, and phone number of the sponsor or in-service provider;
(2) date the educational offering or
				in-service was completed;
(3)
				location where the educational offering was presented;
(4) complete name of the seminar, course, or
				in-service (acronyms are not sufficient);
(5) number of clock hours credited;
(6) name of the attendee receiving credit for
				the continuing education offering or in-service;
(7) signature of the person authorized by the
				sponsoring agency to verify licensee attendance; and
(8) name of the instructor.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 12 - CONTINUING EDUCATION › Section 16.23.12.11 - OTHER EDUCATIONAL OFFERINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The department, in consultation with the board, has an
				  informal arrangement with the New Mexico Society for Respiratory Care (NMSRC)
				  in which the NMSRC will review for approval other continuing education
				  offerings, for individual licensees or continuing education sponsors.
A. Any continuing education activity that is
				not covered by
				16.23.12.8
				NMAC through
				16.23.12.10 NMAC
				must be submitted to the NMSRC for review and approval.
(1) Approval must be granted by the NMSRC
				beforethe CE may be considered applicable toward meeting the continuing
				education renewal requirement for respiratory care practitioners licensed in
				New Mexico. Any deadlines for submission of these requests to the NMSRC will be
				established by the NMSRC as needed.
(2) Approval must be granted by the NMSRC
				before the continuing education can be submitted to the department and the
				board to meet the licensee's continuing education renewal
				requirement.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 12 - CONTINUING EDUCATION › Section 16.23.12.12 - CONTINUING EDUCATION REQUIREMENT PRORATED

Current through Register Vol. 35, No. 13, July 16, 2024
Any applicant whose initial licensure application is
				  postmarked on or after October 1 of the even numbered year, through May 31 of
				  the odd-numbered renewal year, shall be required to meet one half (10 clock
				  hours) of the continuing education requirements for renewal at the time of
				  renewal.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 12 - CONTINUING EDUCATION › Section 16.23.12.13 - CONTINUING EDUCATION REQUIREMENT WAIVED

Current through Register Vol. 35, No. 13, July 16, 2024
Any applicant whose initial licensure application is
				  postmarked on or after June 1 of the odd-numbered (renewal) year through July
				  31 of the same year shall have the continuing education requirement waived for
				  that renewal cycle.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 12 - CONTINUING EDUCATION › Section 16.23.12.14 - CONTINUING EDUCATION AUDIT

Current through Register Vol. 35, No. 13, July 16, 2024
The department, in consultation with the board, may elect to
				  use an audit system for verifying continuing educational activities at the time
				  of renewal.
A. In this case, the
				department will randomly select a minimum of ten percent of the currently
				licensed respiratory care practitioners to provide, with their renewal
				applications, hard-copy proof of having met the continuing education
				requirement.
B. Audit requests will
				be included in the renewal notice.
C. Licensees not selected for audit will be
				required only to list the continuing education activities completed on their
				renewal applications. The department shall still have the option to audit these
				individuals' continuing education records at any time before the next scheduled
				license renewal.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 12 - CONTINUING EDUCATION › Section 16.23.12.17 - EXTENUATING CIRCUMSTANCES - DEFERRAL OR WAIVER OF CONTINUING EDUCATION REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Licensees generally have 24 months to complete the continuing education
				requirement for renewal, which is sufficient time to meet the continuing
				education requirement.
B. In the
				event a licensee experiences an extenuating circumstance such as a prolonged
				debilitating personal illness; or a prolonged debilitating illness of an
				immediate family member; or being mobilized to active duty by the national
				guard or other branch of service in the United States armed forces, which makes
				it impossible to meet the continuing education requirement for license renewal,
				the individual may request an emergency deferral or a waiver of the continuing
				education requirement by submitting one of the following items to the board
				before the license expiration date.
(1) A
				written request for deferral or waiver explaining the circumstances that made
				it impossible for the licensee to meet the requirement in the 24 months prior
				to the expiration date of the license.
(2) Documentation accompanying the request
				for deferral or waiver that verifies the extenuating circumstances, such as a
				signed affidavit from a physician or medical provider, or a copy of the
				mobilization orders from the branch of government calling the person to active
				duty; etc.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 13 - EXPANDED PRACTICE › Section 16.23.13.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department in
				  consultation with the Advisory Board of Respiratory Care
				  Practitioners.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 13 - EXPANDED PRACTICE › Section 16.23.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of Part 13 of Chapter 23 apply to all
				  respiratory care practitioners who intend to practice an expanded scope
				  procedure in a facility; and to the facility that intends to employ a licensed
				  respiratory care practitioner to perform expanded scope
				  procedures.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 13 - EXPANDED PRACTICE › Section 16.23.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 13 of Chapter 23 is promulgated pursuant to Section
				  61-12B-6
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 13 - EXPANDED PRACTICE › Section 16.23.13.5 - 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 13 - EXPANDED PRACTICE › Section 16.23.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 13 of Chapter 23 is to describe the
				  procedure for gaining department approval for qualified respiratory care
				  practitioners to practice expanded scope procedures.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 13 - EXPANDED PRACTICE › Section 16.23.13.7 - 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 13 - EXPANDED PRACTICE › Section 16.23.13.8 - REQUIREMENTS FOR EXPANDED PRACTICE RECOGNITION

Current through Register Vol. 35, No. 13, July 16, 2024
Expanded practice procedures must have the approval of the
				  facility's medical board, and the outcome of initiating the performance of
				  specific expanded practice procedures by respiratory care practitioners should
				  be monitored by the facility. Furthermore, the expanded practice must meet the
				  standard of care in the health care community. In order for a licensed
				  respiratory care practitioner to be permitted to perform expanded practice
				  procedures, the practitioner must meet the following requirements:
A. complete a training program in the
				expanded practice procedure as defined Section 16.23.13.10, and approved by the
				facility's medical board;
B. obtain
				authorization from the facility to perform, under appropriate medical
				direction, those expanded practice functions;
C. file notice with the board when he or she
				is approved by the facility to perform procedures that are expanded practice
				procedures for him or herself; and
D. follow the initial training with ongoing
				competency verification.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 13 - EXPANDED PRACTICE › Section 16.23.13.10 - TRAINING STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				level of training and skill verification for the respiratory care practitioner
				performing in an area of expanded practice will be consistent with the
				respiratory care practitioner's facility's risk management guidelines and
				professional accreditation and licensing requirements.
B. The level of training and skill
				verification for a respiratory care practitioner performing in an area of
				expanded practice will be consistent with professional credentialing
				standards.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 13 - EXPANDED PRACTICE › Section 16.23.13.14 - CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Continuing education of expanded practice skills should be consistent with the
				facility's accreditation requirements.
B. Respiratory care practitioners who do not
				perform the expanded practice approved for them frequently enough to maintain
				performance at a competent and proficient level shall take refresher training
				courses consistent with the training standards outlined in
				16.23.13.10
				NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 13 - EXPANDED PRACTICE › Section 16.23.13.15 - PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Effective July
				1, 1998, any respiratory care practitioner who performs expanded practice
				procedures without valid approval will be subject to penalties as set forth in
				the Respiratory Care Act and in accordance with those provisions contained in
				the Uniform Licensing Act.
B. Any
				respiratory care practitioner who intentionally falsifies information to the
				department or allows false information to be submitted on his or her behalf
				with regards to expanded practice, will be subject to penalties as set forth in
				the Respiratory Care Act and in accordance with those provisions contained in
				the Uniform Licensing Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department, Respiratory
				  Care Advisory Board
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in Part 14 of Chapter 23 apply to licensees
				  and non-licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 14 of Chapter 23 is promulgated pursuant to the
				  Respiratory Care Act, Section
				  61-12B-11
				  NMSA 1978. Specifically, Sections
				  61-12B-2;
				  61-12B-3;
				  61-12B-4;
				  61-12B-7;
				  61-12B-9.C,
				  D, and E;
				  61-12B-12.A.7;
				  and
				  61-12B-15.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 10, 2000, 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 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 14 of Chapter 23 is to clarify who can
				  perform respiratory care-related functions and procedures. Its objective is
				  also to clarify for non-licensed persons what respiratory care-related
				  function, procedures, or services that they can legally perform, for instance,
				  in the delivery of medical equipment in the home care setting, in accordance
				  with the Respiratory Care Act, NMSA 1978, Sections
				  61-13-1
				  through
				  61-13-17.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the New Mexico regulation and licensing department.
B. "DME or DME company" refers to durable
				medical equipment or companies that provide durable medical equipment in the
				health care industry.
C.
				[Reserved]
D. "Gratuitous" means to
				receive no form of payment or remuneration.
E. "Home care setting" as it applies to
				respiratory care, means any facility, including a patient's home that would
				usually not employ respiratory care practitioners, specifically those
				facilities visited by a person from outside the facility to provide respiratory
				care services.
F.
				[Reserved]
G. "License" means the
				legal privilege and authorization to practice within a professional
				category.
H. [Reserved]
I. "Prescription" means an order given
				individually for the person for whom prescribed, either directly from the
				prescriber to the person licensed to fill the prescription or indirectly by
				means of a written order signed by the prescriber
J. "Medical direction" as applied to
				respiratory care, means a prescription or order by a physician authorized to
				practice medicine or by any other person authorized to prescribe under the laws
				of New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.8 - RESPIRATORY CARE SCOPE OF PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
The scope of practice for respiratory care practitioners is
				  clearly defined in NMSA 1978, Section
				  61-12B-3.C
				  and the respiratory care functions and procedures within the scope of practice
				  of respiratory care practitioners are outlined in Section
				  61-12B-3.D.
				  In order to perform these functions and procedures in New Mexico, a person must
				  be licensed by the State under the Respiratory Care Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.9 - EXCEPTIONS TO LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
The following individuals are exempted from licensure under
				  the Respiratory Care Act.
A. Persons
				licensed by other appropriate State agencies may perform the respiratory care
				functions and procedures provided in NMSA 1978, Section
				61-12B-3,
				so long as they are authorized to do so by their profession's licensing body.
(1) The licensing body establishes and
				regulates the professional standards of the licensed profession; and
(2) The licensing body is obligated to
				enforce the provisions of its statutory mandate and the rules and regulations
				of that profession.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.10 - VIOLATION OF THE RESPIRATORY CARE ACT SCOPE OF PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
It is a misdemeanor violation for anyone to perform
				  respiratory care procedures that are regulated under the Respiratory Care Act
				  unless licensed by the Board; or unless exempted from licensure by the
				  provisions in the Respiratory Care Act; or unless authorized under another
				  licensed professional's license to perform respiratory care-related functions,
				  procedures, or services.
A. The
				department may seek an immediate injunction to stop the illegal practice of
				respiratory care; and/or
B. The
				department may initiate civil action proceedings in any district court to
				enforce any of the provisions of the Respiratory Care Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.11 - UNLICENSED PERSONS NOT EXEMPTED BY THE RESPIRATORY CARE ACT

Current through Register Vol. 35, No. 13, July 16, 2024
Persons who are not licensed in New Mexico to practice
				  respiratory care, and who are not exempted from licensure by the Respiratory
				  Care Act, particularly those persons employed by durable medical equipment
				  companies, home care delivery, or other similar service companies may perform
				  only the functions listed below. If a procedure, service, or function is not
				  listed below, the non-licensed person may not legally perform
				  it.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.12 - CPAP, BI-LEVEL WITHOUT BACK-UP RATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Deliver equipment and supplies.
B. Instruct the patient/family on how to
				order supplies
C. Instruct the
				patient/family on who and/or where to call in case of
				emergency.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.13 - ORAL SUCTIONING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Deliver
				equipment and supplies.
B.
				Instruct the patient/family on how to order supplies
C. Instruct the patient/family on who and/or
				where to call in case of emergency
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.14 - OXYGEN DELIVERY, SET UP, CARE, MONITORING, AND INSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Deliver oxygen
				equipment and supplies.
B.
				Instruct the patient/family on how to order supplies
C. Connect the oxygen tubing and/or cannula
				to the oxygen equipment.
D.
				Instruct the patient/family on the use of the cannula.
E. Instruct the patient/family on how to turn
				the oxygen unit on.
F. Demonstrate
				to patient/family how to set the liter flow.
G. Instruct the patient/family on how to
				connect and clean the humidifier bottle.
H. Instruct the patient/family on oxygen
				safety.
I. Instruct the
				patient/family on how to deal with equipment malfunction.
J. Instruct the patient/family regarding the
				back-up oxygen cylinder.
K.
				Instruct the patient/family on who and/or where to call in case of
				emergency
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.15 - VENTILATOR/LIFE SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Deliver
				ventilator and supplies.
B.
				Instruct the patient/family on how to order supplies.
C. Instruct the patient/family on who and/or
				where to call in case of emergency
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.16 - BRONCHIAL PULMONARY HYGIENE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Deliver equipment and supplies.
B.
				Instruct the patient/family on how to order supplies.
C. Instruct the patient/family on who and/or
				where to call in case of emergency.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.17 - NASOTRACHEAL SUCTIONING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Deliver
				equipment and supplies.
B. Instruct
				the patient/family on how to order supplies.
C. Instruct the patient/family on who and/or
				where to call in case of emergency.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.18 - IPPB, NEBULIZER SET UP AND TREATMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Deliver equipment and supplies.
B. Instruct the patient/family on how to
				order supplies.
C. Instruct the
				patient/family on who and/or where to call in case of emergency.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.19 - APNEA MONITOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. Deliver
				equipment and supplies.
B. Instruct
				the patient/family on how to order supplies.
C. Instruct the patient/family on who and/or
				where to call in case of emergency.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.20 - DIAGNOSTIC TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Deliver
				equipment and supplies.
B.
				Instruct the patient/family on how to order supplies.
C. Instruct the patient/family on who and/or
				where to call in case of emergency.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.21 - TRACHEOSTOMY CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Deliver
				equipment and supplies.
B. Instruct
				the patient/family on how to order supplies.
C. Instruct the patient/family on who and/or
				where to call in case of emergency.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 14 - SCOPE OF PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS › Section 16.23.14.24 - UNLICENSED PRACTICE OF RESPIRATORY CARE - DISCIPLINARY GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the provisions contained within the
				  Uniform Licensing Act, the department may take disciplinary action as provided
				  in Section
				  61-1-3.2,
				  NMSA 1978, (2003 Repl. Pamp.) if the department, in consultation with the
				  board, determines that the respondent has violated the Respiratory Care Act or
				  the department's rules and regulations governing respiratory care (16.23 NMAC)
				  by practicing respiratory care in New Mexico without a valid New Mexico
				  license.
A. The department, in
				consultation with the board, may impose a civil penalty in an amount not to
				exceed one thousand dollars ($1,000) against a person who, without a license,
				engages in the practice of respiratory care.
B. The department, in consultation with the
				board, may impose a civil penalty in an amount not to exceed one thousand
				dollars ($1,000) against a company or other business entity that requires an
				unlicensed person to engage in the practice of respiratory care without a
				license. The penalty shall be imposed in the amount of one thousand dollars
				($1,000) for each individual that the company or business entity employs and
				who is performing respiratory care scope of practice procedures and/or
				protocols without benefit of a valid New Mexico respiratory care license or
				permit.
C. In addition, the
				department, in consultation with the board may assess the person, company, or
				other business entity for administrative costs, including investigative costs
				and the cost of conducting a hearing.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department in
				  consultation with the Advisory Board of Respiratory Care
				  Practitioners.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions in Part 17 of Chapter 23 apply to any person
				  found to be in violation of the Respiratory Care Act, Section
				  61-12B-1
				  through
				  61-12B-17
				  NMSA 1978 or the department's regulations governing the practice of respiratory
				  care, Title 16, Article 23 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Part 17 of Chapter 23 is promulgated pursuant to Section
				  61-12B-6
				  NMSA 1978 and the Uniform Licensing Act, Section
				  61-1-1
				  through Section 61-1-36 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.5 - 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 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 17 of Chapter 23 is to set forth the
				  grounds which subject the applicant, licensee, or permitee to disciplinary
				  action such as permit or license denial, suspension, or revocation, or to any
				  other penalty provided by the Uniform Licensing Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.7 - 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 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.9 - GROSS NEGLIGENCE

Current through Register Vol. 35, No. 13, July 16, 2024
In performing respiratory care functions, a temporary
				  permittee or licensed practitioner is under the legal duty to possess and to
				  apply the knowledge, skill, and care that is ordinarily possessed and exercised
				  by other temporary permittees and licensed practitioners and required by the
				  generally accepted standards of the profession. The failure to possess or to
				  apply to a substantial degree such knowledge, skill, and care constitutes gross
				  negligence.
A. Charges of gross
				negligence may be based upon a single act of gross negligence or upon a course
				of conduct or series of acts or omissions which extend over a period of time
				and which, taken as a whole, demonstrate gross negligence.
B. It shall not be necessary to show that
				actual harm resulted from the act or omission or series of acts or omissions so
				long as the conduct is of such a character that harm could have resulted to the
				patient or to the public from the act or omission or series of acts or
				omissions.
C. Proof of intent will
				not be necessary to establish gross negligence.
D. The following shall be deemed prime
				examples of activities which demonstrate that the temporary permittee or
				licensed practitioner has engaged in an act or acts of gross negligence. The
				department, in consultation with the board, shall not be limited to this list
				in determining whether an act or acts constitute gross negligence.
(1) Acting in a manner inconsistent with the
				care for the welfare, health, or safety of patients set forth by the facility
				in which the temporary permittee or licensed practitioner is
				employed.
(2) Performance or
				conduct that substantially departs from, or fails to conform to, the minimal
				reasonable standards of acceptable and prevailing practice of respiratory
				care.
(3) Failure to adhere to the
				facility's quality assurance standards and risk management
				recommendations.
(4) Failure to
				maintain an appropriate standard of care.
(5) Failure to follow established policies
				and procedures.
(6) Performing
				procedures beyond the scope of one's training and education.
(7) Attempting to treat too many patients
				simultaneously, resulting in harm to one or more patients.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.10 - CRIMINAL CONVICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Convictions for any of the following offenses, or their equivalents in any
				other jurisdiction, are disqualifying criminal convictions that may disqualify
				an applicant from receiving or retaining a license issued by the department in
				consultation with the board:
(1) conviction
				for a felony violation of the Controlled Substances Act, 30-31 NMSA
				1978;
(2) conviction of a felony
				involving intentionally violent acts, use of a deadly weapon, criminal sexual
				exploitation or contact; and
(3)
				conviction of a felony involving Medicaid billing, Medicare billing, or health
				insurance billing related fraud.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.11 - REQUEST FOR REINSTATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. One
				year from the date of the revocation of a temporary permit or practitioner
				license, the permittee or licensee may apply to the superintendent of the
				department for reinstatement, restoration, or modification of the terms of the
				judgment order.
B The
				Superintendent, in consultation with the board, shall have the discretion to
				accept or deny the application for reinstatement, restoration, or modification
				when it is deemed appropriate.
C.
				Denial of reinstatement will be made pursuant to the Uniform Licensing
				Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.12 - DISCIPLINARY PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
An investigation may be instituted by the department, in
				  consultation with the board, upon the receipt of a written, complaint filed by
				  any person, and signed under penalty of perjury, including any member of the
				  board.
A. A complaint filed, with the
				department, will be received by the compliance liaison who will process the
				complaint and will determine how the complaint will be handled.
B. In cases where it is clearly evident that
				the complaint does not fall within the board's statutory authority or
				jurisdiction, the compliance liaison will not process the complaint and will
				inform the complainant of the reasons.
C. If the complaint appears to contain
				violations of the board's statute or its rules, the compliance liaison will
				process the complaint.
D. If the
				complaint is not lengthy, the compliance liaison may elect to present the
				processed complaint to the entire board in a redacted form.
E. If the complaint is lengthy or
				complicated, the compliance liaison shall refer it to the board's complaint
				committee for review, consideration, and possible investigation.
F. The department may provide the respondent
				with a copy of the complaint and allow a reasonable time for a response to the
				allegations in the complaint.
G.
				The foregoing notwithstanding, the department will not be required to provide
				the respondent with a notice of the complaint filing, or a copy of the
				complaint, or any related investigatory evidence prior to the notice of
				contemplated action if it determines that disclosure may impair, impede, or
				compromise the efficacy or integrity of an investigation into the
				matter.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.13 - COMPLAINT COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				complaint committee will review all documentation provided to it in reference
				to the subject complaint.
B. The
				complaint committee may be authorized by the board to consult with, without
				prior board approval, an investigator or other persons determined by the
				committee to be necessary in order to expedite the investigation of a
				complaint. If necessary, in such cases, the board administrator will contract
				for any such required services once budgetary availability is
				determined.
C. Upon completion of
				its investigation, the complaint committee shall present a summary of the
				complaint to the board, in a redacted form, for the purpose of enabling the
				board to act upon the complaint committee's recommendations concerning the
				disposition of the subject complaint.
D. The complaint committee may be authorized
				by the board to discuss a settlement agreement with the respondent as a means
				of resolving the complaint.
(1) The
				settlement shall be presented to the board for consideration and
				approval.
(2) Depending on the
				board's decision and action on any settlement agreement presented, the board
				may make recommendation for further action to the department
				superintendent.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.14 - BOARD ACTION CONCERNING COMPLAINT DISPOSITION

Current through Register Vol. 35, No. 13, July 16, 2024
After consideration, the board shall vote upon the proposed
				  recommendations and either uphold, reverse, or modify the complaint committee's
				  recommendations.
A. If the board
				determines that the department lacks jurisdiction, or that there is
				insufficient evidence or cause to issue a notice of contemplated action, the
				board may vote to recommend to the department that the complaint be dismissed
				and closed.
B. If the board
				determines that there is sufficient evidence or cause for the department to
				issue a notice of contemplated action, it may vote to recommend to the
				department that the complaint be referred to the attorney general's office for
				possible prosecution in accordance with the provisions contained within the
				Uniform Licensing Act.
C. The board
				may recommend that the department take any other action with regard to a
				complaint which is within the department's authority and which is within the
				law, including referring the complaint to the attorney general for injunctive
				proceedings; or referring it to the attorney general or the district attorney
				for prosecution of persons alleged to be practicing without a valid license,
				including:
(1) Formal letters of reprimand.
				The department, in consultation with the board, shall have discretionary
				authority to issue formal letters of reprimand or warning instead of license
				revocation or suspension. Issuance of formal letters of reprimand shall be
				subject to the provisions of the Uniform Licensing Act and shall be a matter of
				public record.
(2) Pre-referral
				settlement agreements. Prior to the issuance of a notice of contemplated
				action, the department, in consultation with the board, may enter into a
				settlement agreement with the respondent as a means of resolving a
				complaint.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.15 - DISCIPLINARY HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				superintendent shall appoint a hearing officer preside over a disciplinary
				hearing. The hearing officer may decide non-dispositive motions filed prior to
				the hearing.
B. Following the
				issuance of a notice of contemplated action, the department, may enter into a
				settlement agreement with the respondent as a means of resolving a
				complaint.
C. Any temporary permit,
				wall license and renewal license issued by the department must be returned to
				the department subsequent to revocation or suspension. The permit or license(s)
				must be returned in person or by registered mail no later than 20 days after
				the suspension or revocation order by the department.
D. The respondent shall bear all costs of
				disciplinary proceedings unless the respondent is excused by the department
				from paying all or part of the fees, or if the respondent prevails at the
				hearing and an action specified in Section
				61-1-1 -3
				NMSA 1978 of the Uniform Licensing Act is not taken by the
				department.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.16 - PRIVATE CAUSE OF ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
Neither the action nor inaction of the department or board on
				  any complaint shall preclude the initiation of any private cause of action by
				  the complainant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.17 - FEDERAL FRAUD AND ABUSE DATA BANK

Current through Register Vol. 35, No. 13, July 16, 2024
A. In accordance with federal requirements
				imposed by the enactment of the Health Insurance Portability and Accountability
				Act (HIPAA) of 1996, the department, in consultation with the board, shall
				report any final adverse actions taken against a licensee or applicant, which
				contain an admission or finding of guilt or liability, to the federal fraud and
				abuse data bank established under HIPAA.
B. The department, in consultation with the
				board, has the discretion not to report any final adverse action taken against
				a licensee or applicant, which does not contain an admission or finding of
				guilt or liability, to the federal fraud and abuse databank established under
				HIPAA.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.18 - NATIONAL RESPIRATORY CARE DISCIPLINARY DATABASE

Current through Register Vol. 35, No. 13, July 16, 2024
All final adverse actions shall also be reported by the
				  department, in consultation with the board, to the national respiratory care
				  disciplinary database established by the NBRC and the AARC in accordance with
				  the provisions in this rule.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS › Section 16.23.17.19 - UNLICENSED PRACTICE OF RESPIRATORY CARE - DISCIPLINARY GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the provisions contained within the
				  Uniform Licensing Act, the department may take disciplinary action as provided
				  in Section
				  61-1-3.2,
				  NMSA 1978, if the department, in consultation with the board, determines that
				  the respondent has violated the Respiratory Care Act or the department's rules
				  and regulations governing respiratory care by practicing respiratory care in
				  New Mexico without a valid New Mexico license.
A. The department, in consultation with the
				board, may impose a civil penalty in an amount not to exceed one thousand
				dollars ($1,000) against a person who, without a license, engages in the
				practice of respiratory care.
B.
				The department, in consultation with the board, may impose a civil penalty in
				an amount not to exceed one thousand dollars ($1,000) against a company or
				other business entity that requires an unlicensed person to engage in the
				practice of respiratory care without a license. The penalty shall be imposed in
				the amount of one thousand dollars ($1,000) for each individual that the
				company or business entity employs and who is performing respiratory care scope
				of practice procedures or protocols without benefit of a valid New Mexico
				respiratory care license or permit.
C. In addition, the department, in
				consultation with the board may assess the person, company, or other business
				entity for administrative costs, including investigative costs and the cost of
				conducting a hearing.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 23 - RESPIRATORY CARE PRACTITIONERS › Part 18 - DISCIPLINARY GUIDELINES FOR IMPAIRED PRACTITIONER › Section 16.23.18.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department in
				  consultation with the Advisory Board of Respiratory Care
				  Practitioners.