New Mexico Administrative Code

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 …

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.

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 cont…

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.

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 Car…

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.

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.

Permanent.

April 21, 2022 unless a later date is cited at the end of a section.

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.

All definitions related to this section are in 16.23.1.7 NMAC.

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 tempo…

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…

New Mexico Regulation and Licensing Department in consultation with the Advisory Board of Respiratory Care Practitioners.

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 reas…

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.

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 …

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.

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 imme…

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 tem…

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 entitle…

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.

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…

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 respir…

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 restricti…

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 committ…

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 tempo…

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.

Permanent.

April 21, 2022 unless a later date is cited at the end of a section.

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…

All definitions related to this section are in 16.23.1.7 NMAC.

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 …

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…

New Mexico Regulation and Licensing Department in consultation with the Advisory Board of Respiratory Care Practitioners.

The provisions in Part 2 of Chapter 23 apply to all license applicants; and to active, expired, and lapsed licensees; to anyone wishing to purchase licensee lists or labels; and to anyone who requests written verification of licensure from the board.