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 16.23.17.8 - DISCIPLINARY GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
The superintendent of the department may refuse to issue or
				  may suspend or revoke any permit or license for any cause listed below:
A. Making fraudulent representations to any
				respiratory care licensing board in any jurisdiction in the procurement of an
				initial or a renewal temporary permit or practitioner's license.
B. Having had a temporary permit or
				practitioner's license denied, suspended or revoked by a respiratory care
				licensing board in another licensing jurisdiction for any cause listed in this
				rule. However, the disciplinary action imposed by the department shall not
				exceed the length of time or severity of the action imposed by the other
				licensing jurisdiction.
C. Having
				been convicted of a crime, which substantially relates to the qualifications,
				functions or duties of a respiratory care practitioner. The record of
				conviction or the certified copy of the record of conviction shall be
				conclusive evidence of the conviction.
D. Engaging in the habitual or excessive use
				of alcohol or controlled substances.
E. Using or being under the influence of
				alcohol, controlled substances, or drugs that impair judgment, while on duty in
				any facility of employment.
F.
				Obtaining, possessing, administering, or using any narcotic or controlled
				substance in violation of any federal or state criminal law.
G. Being responsible for gross negligence in
				the performance and delivery of health care while engaged in the practice of
				respiratory care.
H. Violating any
				provision of the Respiratory Care Act or the rules and regulations governing
				respiratory care adoptedby the department, or aiding or abetting any other
				person in violating these laws.
I.
				Engaging in acts of unprofessional conduct such as, but not limited to, the
				following:
(1) Failing to maintain minimum
				acceptable and prevailing standards of respiratory care practice.
(2) Performing procedures and functions
				beyond which the respondent is individually competent to perform or which are
				outside the scope of accepted and responsible practice of respiratory
				care.
(3) Failing to respect and
				protect the legal and personal rights of the patient, including the right to
				informed consent and refusal of treatment.
(4) Intentionally or negligently causing
				physical or emotional injury to a patient.
(5) Assaulting or committing battery on a
				patient.
(6) Abandoning or
				neglecting a patient requiring immediate respiratory care without making
				reasonable arrangements for continuation of such care.
(7) Failing to maintain for each patient a
				record which accurately reflects the respiratory care treatment of the
				patient.
(8) Failing to take
				appropriate action to safeguard the patient's welfare or to follow policies and
				procedures established by the respiratory care practitioner's
				employer.
(9) Divulging
				confidential information regarding any patient or family unless disclosure is
				required for responsible performance of duty, or as required by law.
(10) Failing or refusing to provide health
				care to a patient for reasons of discrimination.
(11) Failing to protect the health, safety,
				and welfare of the patient by abiding by and practicing established policies of
				disease prevention.
(12) Failing to
				take appropriate action in the health care setting to protect a patient whose
				safety or welfare is at risk from incompetent health care practice including,
				but not limited, to reporting such practice to employment and licensing
				authorities.
(13) As a supervisor,
				failing to supervise persons under one's direction or assigning the performance
				of functions governed by the Respiratory Care Act to persons who are untrained
				and unqualified to perform those functions.
(14) Removing narcotics, drugs, supplies, or
				equipment from any health care facility or other work place location without
				authorization.