New Mexico Register / Volume XXIX,
Issue 18 / September 25, 2018
TITLE 20 ENVIRONMENTAL PROTECTION
CHAPTER 3 RADIATION PROTECTION
PART 20 MEDICAL
IMAGING AND RADIATION THERAPY LICENSURE
20.3.20.1 ISSUING AGENCY: Environmental Improvement Board.
[20.3.20.1 NMAC
- Rp, 20.3.20.1 NMAC, 09/25/2018]
20.3.20.2 SCOPE: All individuals engaged in the practice of
medical imaging and radiation therapy.
[20.3.20.2 NMAC - Rp, 20.3.20.2 NMAC, 09/25/2018]
20.3.20.3 STATUTORY AUTHORITY: Medical Imaging and Radiation Therapy Health
and Safety Act, Sections 61-14E-1 to 61-14E-12 NMSA 1978, Section 74-1-8 NMSA
1978, and the Uniform Licensing Act, Sections 61-1-1 to 61-1-34 NMSA 1978.
[20.3.20.3 NMAC - Rp, 20.3.30.3 NMAC, 09/25/2018]
20.3.20.4 DURATION: Permanent.
[20.3.20.4 NMAC - Rp, 20.3.20.4 NMAC, 09/25/2018]
20.3.20.5 EFFECTIVE DATE: September 25, 2018, unless a
later date is cited at the end of a section.
[20.3.20.5 NMAC - Rp, 20.3.20.5 NMAC, 09/25/2018]
20.3.20.6 OBJECTIVE: To maximize the protection practicable for
the citizens of New Mexico from ionizing and non-ionizing radiation in the
practice of medical imaging and radiation therapy by establishing requirements
for appropriate education and training of individuals operating medical
equipment emitting ionizing and non-ionizing radiation, establishing standards
of education and training for the individuals who perform medical imaging and
radiation therapy procedures, and providing for the appropriate examination and
licensure of those individuals.
[20.3.20.6 NMAC - Rp 20.3.20.6 NMAC, 09/25/2018]
20.3.20.7 DEFINITIONS: As used in this part (20.3.20 NMAC).
A. “Act”
means the Medical Imaging and Radiation Therapy Health and Safety Act, Sections
61-14E-1 to 61-14E-12 NMSA 1978.
B. “Advisory
council” means the medical imaging and radiation therapy advisory council
(MIRTAC).
C. “Applying
ionizing radiation” means to use ionizing radiation for diagnostic or
therapeutic purposes, including tasks having direct impact on the radiation
burden of the patient, such as, but not limited to:
(1) positioning the patient, image receptor, and beam;
(2) selection of exposure factors or treatment parameters;
(3) preparation, calibration, and injection of pharmaceuticals
and radiopharmaceuticals in accordance with a licensee’s scope of practice; and
(4) actuating the production of radiation.
D. “Approved
program” means a medical imaging or radiation therapy educational program that
meets the requirements of 20.3.20.200 NMAC.
E. “Biennial licensure fee” means the licensure fee for an initial,
renewal, and limited radiography license, excluding the temporary license, for
a period up to 24 months, and is only applied once per continuing medical
education biennium period regardless
of the number of licenses granted to that registrant. This fee will be assessed each time a
registrant submits an application packet to the department. Upon written request to the department, the
registrant may reduce their NM biennium period to match their national
continuing medical education biennium period.
F. “Board”
means the environmental improvement board.
G. “Cardiac
sonography” or “echocardiography” means an examination using ultrasound to
generate an image of the heart or major blood vessels.
H. “Category
A” means a continuing education activity approved for category A credit by an organization recognized by the American
registry of radiologic technologists as a recognized continuing education
evaluation mechanism.
I. “Certificate
of licensure” means a document issued by the department that lists the type or
types of license granted to an individual.
J. “Certificate
of limited practice” or "limited practice of radiography license"
means a limited license granted by the department to an individual other than a
licensed practitioner or radiographer who performs restricted diagnostic
radiography procedures under the direct supervision of a licensed practitioner
or radiographer on designated anatomical sites or limited anatomical areas.
K. “Certified
nurse practitioner” means a person licensed pursuant to Section 61-3-23.2 NMSA
1978.
L. “Chest
and thorax” or "viscera of the thorax" means radiographic
examinations of the ribs and lungs, including anteroposterior,
posterior-anterior, lateral, and apical lordotic views, but does not include
mammography.
M. “Clinical
instruction” means hands-on educational experience in a health care setting
such as a hospital, clinic, or physician’s office, under the supervision
requirements consistent with the standards of the program’s accrediting
agencies.
N. “Continuing
education” (CE) or “continuing medical education”
(CME) means a learning activity that is planned, organized, and administered to
enhance the professional knowledge and skill of the licensee.
O. “Credential”
or “certification” means the recognition awarded to an individual who meets the
initial and ongoing requirements of a credentialing or certification
organization.
P. “Credentialing
organization” or “certification organization” means an organization accredited
by the national commission for certifying agencies or the American national
standards institute and recognized by the board that issues credentials through
testing or evaluation and determines that an individual has met defined
standards for training and competence in a medical imaging or radiation therapy
modality and subspecialty.
Q. “Department”
means the New Mexico environment department.
R. “Diagnostic
medical sonographer” means a person, including a vascular technologist or
echocardiographer, other than a licensed practitioner, who provides patient
care services using ultrasound;
S. “Diagnostic
medical sonography” or “sonogram” means the use of ultrasound and sonographic
equipment to create medical images for interpretation by a licensed
practitioner or other qualified health care practitioner that provide
diagnostic information about a patient’s medical condition and includes
obstetrical ultrasound. Obstetrical
ultrasound means an ultrasound exam performed for the purpose of fetal biometry
beyond the first trimester, fetal number, anatomic survey, or follow-up
examination for a known or suspected anomaly or growth disturbance. It does not mean a procedure using ultrasound
on a focused imaging target to assess specific and limited information about a
patient’s immediate medical condition or to provide real-time visual guidance
for another procedure.
T. “Didactic
instruction” means academic instruction.
U. “Duplicate
certificate of licensure” means an additional original certificate of licensure
issued by the department.
V. “Extremities”
means the fingers, hand, wrist, radius/ulna, elbow, humerus, pectoral girdle
(shoulder joint and clavicle), toes, foot, ankle, calcaneus, tibia/fibula,
patella, knee, or distal femur, but does not include the skull, spine, hip, or
pelvis.
W. “Facility”
means a hospital, clinic, medical office, mobile lab, or other location where
medical imaging or radiation therapy is provided.
X. “Focused
imaging target” means a discrete anatomical target, to which ultrasound is
applied to create an image for assessment of specific and limited information
about a patient’s immediate medical condition, or to provide visual guidance
for another procedure. An ultrasound
procedure on a focused imaging target does not supplant a diagnostic ultrasound
examination.
Y. “General
sonography” means an examination using ultrasound to create an image of the
abdomen, chest, pelvis, pregnant uterus, small parts, or superficial
structures.
Z. “Interventional”
means to diagnose or treat patients using medical imaging devices. Interventional procedures may include, but
are not limited to: radiation therapy, organ biopsy, angiography, angioplasty,
and catheter delivered stents.
Interventional does not mean needle or catheter placement for vascular
access or delivery of medicine or anesthesia, or the use of non-ionizing energy
for non-imaging therapeutic or treatment purposes.
AA. “Ionizing radiation” means gamma rays
and x-rays, alpha and beta particles, high speed electrons, neutrons, protons,
and other nuclear particles; but not ultrasound, sound, or radio waves, nor
visible, infrared or ultraviolet light.
AB. “License”
means a grant of authority issued by the department for an individual to
perform medical imaging or radiation therapy procedures.
AC. “License
term” means a length of licensure as indicated on the certificate of licensure
issued by the department.
AD. “Licensed practitioner” means an
individual licensed to practice medicine, dentistry, podiatry, chiropractic or
osteopathy in this state.
AE. “Licensee” means an individual who has
met and continues to meet all requirements of the act and this part.
AF. “Licensure” means the grant of
authority by the department for an individual to perform medical imaging or
radiation therapy procedures.
AG. “Limited practice radiography
technologist” means an individual who has been granted a limited practice in
radiography license by the department to perform restricted diagnostic
radiography procedures under the direct supervision of a licensed practitioner
or radiographer.
AH. “Lower
leg” means the knee and ankle and portions of the leg between the knee and
ankle.
AI “Magnetic
resonance imaging” means an examination using magnetic fields and radio frequency
signals to generate an image.
AJ. “Magnetic resonance technologist”
means an individual other than a licensed practitioner who performs magnetic
resonance imaging procedures under the supervision of a licensed practitioner
using magnetic fields and radio frequency signals.
AK. “Medical
imaging” means the use of substances or equipment emitting ionizing or
non-ionizing radiation on humans for diagnostic or interventional purposes.
AL. “Medical
imaging professional” means an individual who has been granted a license by the
department pursuant to the act in at least one medical imaging modality.
AM. “Modality” means the following medical
imaging procedures or technologies:
(1) diagnostic medical sonography and all of its subspecialties;
(2) magnetic resonance imaging and all of its subspecialties;
(3) nuclear medicine technology and all of its subspecialties;
(4) radiation therapy and all of its subspecialties; and
(5) radiography and all of its subspecialties.
AN. “Musculoskeletal
sonography” or “musculoskeletal ultrasound” means an examination using
ultrasound to generate an image of a superficial muscle, tendon, ligament, or
joint.
AO. “Non-ionizing radiation” means the
static and time-varying electric and magnetic fields and radio frequency,
including microwave radiation and ultrasound.
AP. “Nuclear
medicine technologist” means an individual, other than a licensed practitioner,
who performs nuclear medicine procedures, venipuncture, and compounds,
calibrates, dispenses, and administers pharmaceuticals, radiopharmaceuticals,
and radionuclides under the supervision of a licensed practitioner.
AQ. “Personal
identification” means an applicant’s or licensee’s full legal name, permanent
and mailing address, social security number, date of birth, home phone number,
cellular telephone number, work telephone number, electronic mail address,
department registration number, and other related information.
AR. “Phlebology”
means ultrasound examination of superficial veins in the lower extremities for
the identification and treatment of venous disease.
AS. “Physician assistant” means a person
licensed and operating within their scope of practice pursuant to Section
61-6-7 or 61-10A-4 NMSA 1978.
AT. “Place of employment” means a location
with its own physical address or separated by building structure regardless of
ownership, company, nonprofit organization, or business name.
AU. “Podiatric” means radiographic
examination of the toes, foot, ankle, calcaneus, distal tibia/fibula, but does
not include the knee joint.
AV. “Programmatic
accreditation” means a specialized accreditation process that examines the
medical imaging or radiation therapy program within an educational institution.
AW. “Radiation therapy” means the use of
high-energy particles or waves to destroy or damage cells.
AX. “Radiation
therapy technologist” or “radiation therapist” means an individual, other than
a licensed practitioner, who utilizes ionizing radiation for the planning and delivery
of therapeutic procedures to humans under the supervision of a licensed
practitioner.
AY “Radiographer”
means an individual, other than a licensed practitioner, who applies radiation
to humans for diagnostic purposes under the supervision of a licensed
practitioner.
AZ. “Radiography”
means the application of radiation to humans for diagnostic purposes, including
adjustment or manipulation of x-ray systems and accessories, including image
receptors, positioning of patients, processing of films and any other action
that materially affects the radiation dose to patients.
BA. “Radiologic technologist” or “radiation
therapy technologist” means a medical imaging or radiation therapy professional
licensed by the department in one or more of the imaging modalities.
BB. “Radiologist” means a licensed
practitioner certified by the American board of radiology, the British royal
college of radiology, the American osteopathic board of radiology or the
American chiropractic board of radiology.
BC. “Radiologist
assistant” means an individual licensed as a radiographer who holds additional
certification as a registered radiologist assistant by the American registry of
radiologic technologists and who works under the supervision of a radiologist;
provided that a radiologist assistant shall not interpret images, render
diagnoses or prescribe medications or therapies.
BD. “Recognized continuing education evaluation mechanism
(RCEEM)” means a recognition mechanism of the ARRT for evaluating the content,
quality, and integrity of a continuing education activity.
BE. “Registration
number” means a number that is generated by the department to be used as a
unique identification number in place of that individual’s social security
number. This number will remain the same
number throughout the individual’s lifetime.
BF. “Remedial education” or “remedial
training” means additional education or training required for an individual to
re-qualify to take a state-administered examination for the limited practice of
radiography.
BG. “Scope
of practice” means nationally recognized practice standards as applicable to
each medical imaging modality and subspecialty, unless this part is superseded
by the act.
BH. “Small parts” means superficial
structures or anatomy including, but not limited to: axilla, chest or abdominal
wall, penis, scrotum or testicles, thyroid, parathyroid, and other non-vascular
structures of the neck or extremities.
BI. “Sonographer” or “echocardiographer”
or “vascular technologist” means an individual other than a licensed
practitioner who applies ultrasound to humans for diagnostic and interventional
purposes under the supervision of a licensed practitioner.
BJ. “Sonography” or “ultrasound” means the
use of high frequency sound waves (above 20,000 cycles per second) with
specialized equipment to direct the sound waves into an area of the human body
to generate an image.
BK. “Sonography
subspecialty” means an area of specialization recognized by the board,
including:
(1) abdominal sonography;
(2) breast sonography;
(3) cardiac sonography;
(4) musculoskeletal sonography;
(5) obstetric/gynecology sonography;
(6) phlebology sonography; and
(7) vascular sonography.
BL. “Student”
means an individual enrolled in and attending a school or college of medicine,
osteopathy, chiropractic, podiatry, dentistry, dental hygiene, an approved
program in medical imaging or radiation therapy, or an approved limited
radiography program.
BM. “Subspecialty”
means an area of specialization approved by the board within a medical imaging
or radiation therapy modality.
BN. “Supervision”
means responsibility for and control of quality, radiation safety, and
protection and technical aspects of the application of ionizing and non-ionizing
radiation to human beings for diagnostic or therapeutic purposes.
(1) “direct
supervision” means the medical imaging or radiation therapy procedure is
provided under the direction and control of a person authorized to provide
supervision and the person’s physical presence must be present in the office
suite or building and immediately available to furnish assistance and direction
throughout the performance of the procedure.
It does not mean that the supervisor must be present in the room when
the procedure is performed.
(2) “indirect
supervision” or “general supervision” means the medical imaging or radiation
therapy procedure is provided under the direction and control of a person
authorized to provide supervision, but the person’s presence is not required
during the performance of the procedure.
The training of the non-physician personnel and the maintenance of the
necessary equipment and supplies are the continuing responsibility of the
person authorized to provide supervision.
(3) student supervision requirements must be consistent with the
medical imaging and radiation therapy standards of the programmatic
accreditation agencies.
BO. “Temporary
license” means a grant of authority by the department for an individual to
perform medical imaging or radiation therapy procedures pursuant to the term
and requirements of section 20.3.20.321 NMAC.
BP. “Vascular
sonography” means an examination using ultrasound to generate an image of the
peripheral or neck blood vessels.
BQ. “Viscera of the thorax” means
radiographic examination of the lungs and mediastinum.
[20.3.20.7 NMAC - Rp, 20.3.20.7 NMAC, 09/25/2018]
20.3.20.8 ABBREVIATIONS AND ACRONYMS:
A. “ANSI”
stands for American national standards institute.
B. “ARDMS”
stands for the American registry for diagnostic medical sonography.
C. “ARMRIT”
stands for American registry of magnetic resonance imaging technologists.
D. “ARRT”
stands for the American registry of radiologic
technologists.
E. “BS”
stands for breast sonography.
F. “CAAHEP”
stands for the commission on accreditation of allied health education programs.
G. “CCI”
stands for the cardiovascular credentialing international.
H. “CHEA”
stands for the council of higher education accreditation.
I. “CNMT”
stands for certified nuclear medicine technologist.
J. “CS”
stands for cardiac sonography.
K. “CT”
stands for computed tomography.
L. “DMS”
stands for diagnostic medical sonography.
M. “FUS”
stands for fusion imaging.
N. “JRCDMS”
stands for the joint review committee on diagnostic medical sonography.
O. “JRCERT”
stands for the joint review committee on education in radiologic technology.
P. “JRCNMT”
stands for the joint review committee on educational program in nuclear
medicine technology.
Q. “LXE”
stands for limited practice radiography to the extremities.
R. “LXP”
stands for limited practice radiography to the podiatric.
S. “LXT”
stands for limited practice radiography to the viscera of the thorax.
T. “LXV”
stands for limited practice radiography to the axial/appendicular skeleton.
U. “MR”
stands for magnetic resonance.
V. “MRT”
stands for magnetic resonance technologist.
W. “MSK”
stands for diagnostic musculoskeletal technologist.
X. “NCCA”
stands for national commission for certifying agencies.
Y. “NMT”
stands for nuclear medicine technologist.
Z. “NMTCB”
stands for the nuclear medicine technologist certification board.
AA. “N” stands for nuclear medicine
technology.
AB. “PBS”
stands for phlebology sonography.
AC. “PET”
stands for positron emission tomography.
AD. “PVL” stands for provisional license.
AE. “RCCS” stands for registered congenital
cardiac sonographer.
AF. “RCS” stands for registered cardiac
sonographer.
AG. “RDCS” stands for registered diagnostic
cardiac sonographer.
AH. “RDMS”
stands for registered diagnostic medical sonographer.
AI. “RMRIT” stands for magnetic resonance
imaging technologist.
AJ. “RMSK” stands for registered in
musculoskeletal sonography.
AK. “RPhS”
stands for registered phlebology sonographer.
AL. “R”
stands for radiography.
AM. “RRT” stands for radiographic radiologic
technologist.
AN. “RRA”
stands for registered radiology assistant.
AO. “R.T.” stands for registered
technologist.
AP. “RTT”
stands for radiation therapy technologist.
AQ. “RVS”
stands for registered vascular specialist.
AR. “RVT”
stands for registered vascular technologist.
AS. “S” stands for sonography.
AT. “TMP” stands for temporary.
AU. “T” stands for radiation therapy.
AV. “USDE”
stands for United States department of education.
AW. “VS”
stands for vascular sonography.
[20.3.20.8 NMAC - Rp, 20.3.20.8 NMAC, 09/25/2018]
20.3.20.9 ADMINISTRATION AND ENFORCEMENT:
The administration and enforcement of the act and this part (20.3.20
NMAC) is vested in the department.
[20.3.20.9
NMAC - N, 09/25/2018]
20.3.20.10 - 20.3.20.99 [RESERVED]
20.3.20.100 LICENSE REQUIRED:
A. Unlawful acts. It is unlawful for an individual, other than an
individual licensed by the department, or who is exempt under the provisions of
the act, to:
(1) use ionizing or non-ionizing radiation for diagnostic,
interventional, or therapeutic purposes on humans;
(2) use
any title, abbreviation, letters, figures, signs, or other devices to indicate
the individual is a medical imaging or radiation therapy professional; or
(3) engage in any of the medical imaging or radiation therapy
modalities or subspecialties.
B. Statutory exceptions. Pursuant to the act, a medical imaging
license is not required for:
(1) a licensed practitioner;
(2) a
student under the supervision of a licensed practitioner or under the direct
supervision of a licensed medical imaging or radiation therapy professional
licensed in the modality and subspecialty in which the student is performing
the procedure;
(3) a
health care practitioner licensed or certified by an independent board as
defined by the act that has been approved by the board as provided in
Subsection C of this section; or
(4) a
registered nurse or certified nurse-midwife performing ultrasound procedures;
provided that the registered nurse or certified nurse-midwife has documented
demonstration of competency within the registered nurse's scope of practice in
compliance with board of nursing rules or certified nurse-midwife's scope of
practice in compliance with department of health rules. A registered nurse or certified nurse-midwife
shall not perform diagnostic ultrasound examinations or ionizing procedures,
including radiography, radiation therapy, nuclear medicine or a non-ionizing
magnetic resonance procedure, unless licensed by the department as medical
imaging professional or radiation therapist professional. A registered nurse or a certified
nurse-midwife may perform ultrasound procedures limited to a focused imaging
target. A focused imaging target
includes, but is not limited to:
(a) identification of an anatomical landmark or blood vessel;
(b) assessment of presence or absence of fluid in a body cavity;
(c) assessment of fetal presentation or heartbeat; or
(d) assessment of foreign body position or location.
C. An
independent board or state regulatory body may submit an application for
approval of their medical imaging certification and examination program to the
MIRTAC for review.
(1) The MIRTAC shall consider whether the
medical imaging and certification examination program adequately ensures the
appropriate education, training, and clinical experience while ensuring patient
health and safety and shall make a written recommendation to the board.
(2) The board may approve or deny an
application based on whether or not it finds adequate evidence that the
certification and examination program ensures appropriate education, training,
and clinical experience while ensuring health and patient safety.
(3) The independent board or state
regulatory body shall reapply to the board for re-approval if substantive
changes to the certification and examination program are made subsequent to the
board’s approval.
D. Temporary
exemption. The department may
temporarily exempt applicants from licensure requirements upon determining
that:
(1) the experience or training of the applicant is such that no
apparent danger to the public exists;
(2) the people in the area of the state to be served by the
applicant would otherwise be denied adequate medical care because of the
unavailability of a medical imaging or radiation therapy professional; and
(3) each application for temporary exemption shall be supported
by:
(a) an application for temporary exemption;
(b) an application fee; and
(c) written
evidence to support the applicant’s compliance with Paragraph (1) and (2) of
this subsection.
E. Temporary
exemption term. A temporary
exemption approved by the board shall be for a limited period of time, not to
exceed one year. A temporary exemption
may be renewed if the circumstances have not changed and if deemed warranted by
the department.
F. Temporary exemption application denial. The board, with the advice of the MIRTAC,
shall resolve appeals of a denial of an application for temporary exemption
pursuant to 20.3.20.600 NMAC. When
making a determination of existence of community hardship, the board will:
(1) consult health agencies;
(2) evaluate availability of alternative medical imaging or
radiation therapy services and licensed medical imaging or radiation therapy
professionals; and
(3) evaluate documentation from the applicant’s employer or
prospective employer to demonstrate that recruitment of qualified individuals,
at competitive compensation, has been attempted and was unsuccessful. Such demonstration may take the form of:
(a) documented advertising in publications pertaining to medical
imaging professionals;
(b) registration of the position with the New Mexico department
of workforce solutions or similar state agency; or
(c) documentation of current and past contracting with medical
imaging or radiation therapy job placement companies.
[20.3.20.100
NMAC - N, 09/25/2018]
20.3.20.101 SCOPE OF PRACTICE:
A. General provisions.
(1) A
licensee's scope of practice is determined based upon the licensee's education,
certification, and state and federal law.
(2) The
following are the different scopes of practice for a licensee that will be
recognized by the department:
(a) Radiography
- the current version of the American society of radiologic technologists
radiography practice standards;
(b) Radiation
therapy - the current version of the American society of radiologic technologists radiation therapy practice standards;
(c) Nuclear
medicine technology - the current version of the American society of radiologic
technologists nuclear medicine practice standards or
society of nuclear medicine and molecular imaging scope of practice for nuclear
medicine technologist;
(d) Magnetic
resonance technology - the current version of the American society of
radiologic technologists magnetic resonance practice
standards;
(e) Radiologist
assistant - the current version of the American society of radiologic technologists radiologist assistant practice standards;
(f) Sonography
- the current version of the American society of radiologic technologists
sonography practice standards or the society of diagnostic medical sonography scope
of practice and clinical standards for the diagnostic medical sonographer; or
(g) Limited
practice of radiography license or certificate of limited practice - the
current version of the American society of radiologic technologists limited
x-ray machine operator practice standards.
B. Radiologist
assistant. A radiologist assistant
shall practice under the indirect supervision of a radiologist and shall not
interpret images, render diagnoses, or prescribe medications or therapies.
[20.3.20.101 NMAC - N, 09/25/2018]
20.3.20.102
- 20.3.20.199 [RESERVED]
20.3.20.200 APPROVED EDUCATIONAL PROGRAMS:
A. Approved
program for a medical imaging or radiation therapy license: An approved program for medical imaging or
radiation therapy includes:
(1) an educational program in a medical imaging or radiation
therapy modality that is programmatically accredited by an accreditation agency
recognized by the USDE or the CHEA and also recognized by the board
pursuant to 20.3.20.220 NMAC; or
(2) an
educational program in a medical imaging or radiation therapy modality that is
in the process of preparing for programmatic accreditation by an accreditation
agency recognized by the USDE or CHEA and also recognized by the board pursuant
to 20.3.20.220 NMAC. This programmatic
accreditation by an accreditation agency must be attained within five years of
the effective date of this section or within five years of the establishment of
a new educational program.
B. Approved program for a limited practice in
radiography license: A limited
radiography program shall be reviewed by the MIRTAC and approved by the board
before enrolling students into the educational program. Prior to approval of the educational program,
the MIRTAC will consider if the program includes the necessary didactic and
clinical education to prepare students for the state examination for a limited
practice in radiography license prior to submitting its recommendations to the
board. Before enrolling students or offering
courses, including clinical instruction, a limited radiography program shall
submit an application to the department with supporting documentation
to show compliance with this section and alignment with national educational
accreditation standards. No fee is
required for the application and, if all requirements are met, the department
shall issue a letter to the educational program confirming compliance with this
section.
[20.3.20.200 NMAC - N, 09/25/2018]
20.3.20.201 -
20.3.20.219 [RESERVED]
20.3.20.220 RECOGNIZED PROGRAMMATIC ACCREDITATION
ORGANIZATIONS:
A. Programmatic
accreditation. To be recognized by
the board, an educational program accreditation agency must:
(1) be recognized by the USDE or CHEA; and
(2) provide programmatic accreditation for the medical imaging
or radiation therapy modality offered by the educational program.
B. Recognized
programmatic accreditation organizations.
Medical imaging or radiation therapy programmatic accreditation agencies
recognized by the board include:
(1) CAAHEP;
(2) JRCERT;
and
(3) JRCNMT.
[20.3.20.220 NMAC - N, 09/25/2018]
20.3.20.221 -
20.3.20.299 [RESERVED]
20.3.20.300 RECOGNIZED CREDENTIALING
ORGANIZATIONS: The board
recognizes the following medical imaging and radiation therapy credentialing
organizations in each modality defined by the act including:
A. diagnostic
medical sonography:
(1) ARDMS;
(2) ARRT;
or
(3) CCI.
B. magnetic
resonance imaging:
(1) ARMRIT;
or
(2) ARRT.
C. nuclear
medicine:
(1) ARRT;
or
(2) NMTCB.
D. radiation
therapy: ARRT.
E. radiography: ARRT.
[20.3.20.300 NMAC - N, 09/25/2018]
20.3.20.301 RECOGNIZED CREDENTIALS AND
CERTIFICATIONS: The board
recognizes the following medical imaging and radiation therapy credentials and
certifications for each type of license issued by the department:
A. fusion
imaging- restricted to PET/CT medical imaging procedures only:
(1) (CNMT)(NMTCB) and (CT)(NMTCB);
(2) R.T.
(ARRT)(N) and (ARRT)(CT);
(3) R.T.
(ARRT)(N) and (NMTCB)(CT); or
(4) R.T.
(ARRT)(R) and (NMTCB)(PET).
B. cardiac
sonography:
(1) (CCI)(RCS);
(2) (CCI)(RCCS); or
(3) (ARDMS)(RDCS).
C. general
sonography:
(1) RDMS
(ARDMS)(AB);
(2) RDMS
(ARDMS)(BR);
(3) RDMS
(ARDMS)(OB);
(4) R.T.
(ARRT)(S); or
(5) R.T.
(ARRT)(BS).
D. limited
radiography: none.
E. magnetic
resonance imaging:
(1) (ARMRIT)(RMRIT); or
(2) R.T.
(ARRT)(MR).
F. musculoskeletal
sonography: (ARDMS)(RMSK).
G. nuclear
medicine:
(1) certified nuclear medicine technologist (NMTCB); or
(2) nuclear medicine technology R.T. (ARRT)(N).
H. phlebology
sonography: RPhS (CCI).
I. radiation
therapy: R.T. (ARRT)(T).
J. radiography: R.T. (ARRT)(R).
K. radiology
assistant: (ARRT)(RRA).
L. vascular
sonography:
(1) R.T.
(ARRT)(VS);
(2) RVS
(CCI); or
(3) RVT(ARDMS).
[20.3.20.301 NMAC
- N, 09/25/2018]
20.3.20.302 -
20.3.20.309 [RESERVED]
20.3.20.310 LIMITED PRACTICE OF RADIOGRAPHY
LICENSE:
A. Limited practice in
radiography. An individual seeking a
license for the limited practice of radiography shall submit an application and
applicable fee to the department, successfully complete an approved limited
radiography program pursuant to Subsection B of 20.3.20.200 NMAC, and take and
pass the state examination pursuant to Subsections D and E below. Individuals that are enrolled in an approved
limited practice radiography program shall perform their required clinical
radiography procedures under the direct supervision of a licensed physician or
licensed radiographer. A licensee with a
limited practice of radiography license shall perform restricted diagnostic
radiography under direct supervision of a licensed practitioner limited to the
following specific procedures:
(1) the viscera of the thorax;
(2) extremities;
(3) radiation to humans for diagnostic purposes in the practice
of dentistry;
(4) axial/appendicular
skeleton; or
(5) the foot, ankle, or lower leg.
B. Restrictions. A
licensee with a limited practice of radiography license may not:
(1) perform procedures outside the areas of specialization
authorized by or under the individual's license; or
(2) perform procedures outside their scope of practice
including, but not limited to procedures involving the use of contrast media,
fluoroscopic equipment, mammography, computed tomography, mobile or bedside
radiography, diagnostic medical sonography, magnetic resonance imaging, nuclear
medicine, or radiation therapy.
C. Emergency provision. A person having a valid limited practice of
radiography license may perform diagnostic radiography procedures outside the
normal scope of a limited practice of radiography license if the person is
employed in an area having a federal designation as a medically underserved
area and the person with the limited practice of radiography license is
confronted with an emergency situation, where, by order of a licensed
practitioner, a certified nurse practitioner or a registered physician
assistant, the additional diagnostic radiography procedure is deemed medically
necessary for the immediate safety or health of the patient.
D. Administration of state
examinations. The department will not offer state
examinations for medical imaging and radiation therapy professionals except for
a limited practice of radiography licensee pursuant to Subsection E of this
section. The department may administer
and grade the limited practice of radiography examinations, though at its
option, the department may contract for such preparation, administration, and
grading services.
E. State examination
for limited practice of radiography.
An individual seeking a license for the limited practice of radiography
must pass a state examination for limited practice of radiography. To apply for the state examination, the
individual must:
(1) submit an examination application with supporting
documentation to the department that the individual has:
(a) completed school through the 12th grade or has passed a high
school equivalency examination; and
(b) successfully completed an approved limited radiography
program in one or more of the body areas of specialization.
(2) submit the required examination fee to the department; and
(3) successfully complete a written or computerized examination
administered by the department with a minimum score of seventy-five percent on
both the core section and in each attempted body area section of the
examination. At its option, the
department may contract for such preparation, administration, and grading
services for the limited practice of radiography examinations.
F. Failure of state
examination for limited practice of radiography:
(1) If
an applicant fails to achieve seventy-five percent on either the core section
or a body area specialization section of the examination, it will be considered
an examination failure and the applicant must retake the failed section or
sections.
(2) The
applicant must re-apply and pay the examination fee for each examination
attempt.
(3) All
sections of the examination taken on the same day are considered one examination
attempt.
(4) An
individual who attempts and fails the state-administered examination three
times will be required to demonstrate to the department the successful
completion of remedial education or training following the third attempt that
is consistent with the ARRT standards before being eligible to retake the
failed section or sections again.
[20.3.20.310
NMAC - N, 09/25/2018]
20.3.20.311 -
20.3.20.319 [RESERVED]
A. Licensure
Requirements. An applicant for a
medical imaging or radiation therapy license shall submit the required
application to the department; the applicable application fee located in
20.3.20.501 NMAC, and shall be currently certified and registered by a medical
imaging or radiation therapy credentialing organization recognized by the
board. An applicant for the medical
imaging and radiation therapy licenses specified in the following shall have
until June 30, 2019 to meet the requirements of this section:
(1) 20.3.20.320
NMAC;
(2) Paragraph
A of 20.3.20.100 NMAC; and
(3) Subparagraphs (1), (2), (8), (10), (11), (16) and (17)
of Paragraph F of 20.3.20.320 NMAC.
B. Registration number. The department shall assign a department
registration number to each licensee regardless of the number of modalities and
subspecialties licensed. The department
registration number shall be listed on each certificate of licensure issued by
the department.
C. Term
for licenses issued prior to the 15th of the month. The license term for all licenses issued
prior to the 15th of the month, except a temporary license, will:
(1) be for 24 months;
(2) begin on the date the license is issued; and
(3) end on the last day of the month the license was issued.
D. Term for licenses issued after the 15th
of the month. The license term for
all licenses issued after the 15th of the month, except a temporary
license, will:
(1) be for 24 months;
(2) begin
on the date the license is issued: and
(3) end on the last day of the month following the month the
license was issued.
E. Request
for coordination of license and credential expiration dates. At the written request of the licensee, the
expiration date of their license or licenses may be reduced to match their
current credentialing organization’s expiration date. Such reduction in term shall not reduce the
applicant or licensee’s license fee.
F. Types
of license. Upon demonstration of
compliance with all applicable requirements of the act and this part, the
department may grant one or more of the following types of licenses to be
recognized by the department:
(1) (DMS)
which includes sonography subspecialties of RDMS (ARDMS)(AB)(BR)(OB)
and R.T. (ARRT)(S)(BS);
(2) (MSK);
(3) (FUS);
(4) (LXV);
(5) (LXE);
(6) (LXP);
(7) (LXT);
(8) (MRT);
(9) (NMT);
(10) (PBS);
(11) (PVL);
(12) (RTT);
(13) (RRT);
(14) (RRA);
(15) (TMP);
(16) (VS),
which includes sonography subspecialties of (ARDMS)(RVT)
and R.T. ARRT (VS); and
(17) (CS)
which includes RDCS (ARDMS), RCS (CCI), and RCCS (CCI).
G. Certificate
of licensure. Each certificate of
licensure issued by the department shall identify all current licenses granted
to the licensee.
[20.3.20.320 NMAC - N, 09/25/2018]
20.3.20.321 TEMPORARY LICENSES:
A. Temporary
license. The purpose of a temporary license
is to allow an individual who has completed an approved program pursuant to
20.3.20.200 NMAC to practice medical imaging or radiation therapy prior to
sitting for their national examination with one of the medical imaging and
radiation therapy credentialing organizations outlined in 20.3.20.300 NMAC. The
department may grant a temporary license to practice medical imaging or
radiation therapy to an individual who:
(1) provides
documentation to the department that the individual has completed an approved
program pursuant to 20.3.20.200 NMAC;
(2) submits an application for a temporary license to the
department within one year of the individual’s program completion date from an
approved program;
(3) submits the applicable fees for a temporary license pursuant
to Paragraph G of 20.3.20.501 NMAC to the department within one year of the
program completion date from an approved program;
(4) provides the name and contact information of each employer
where medical imaging or radiation therapy is performed by the individual; and
(5) meets all other applicable licensure requirements of the act
and this part.
B. Notification. The individual will be required to notify
the department of any changes to his or her employment by providing the
department with the contact information for each new employer where medical
imaging or radiation therapy is performed by the individual within thirty days
after the change occurs.
C. Examination and notice.
(1) The
department will recognize the credentialing organization’s determination of
what is considered a pass or fail for an individual’s examination score.
(2) The
individual shall notify the department of the date the individual plans to take
the examination at least 30 days prior to the examination date.
(3) If
the credentialing organization determines that an individual has failed his or
her examination, the individual’s active temporary license issued by the
department will expire 90 days after the examination date. The individual will be required to notify the
department of a failed examination within 30 days of receiving his or her
examination results.
D. Temporary
license term. A temporary license:
(1) expires
on the last day of the 12th month from the date of issuance or upon the
applicant’s failure to pass the examination as outlined in Subsection B of this
section; and
(2) may be granted only once and cannot be renewed or extended;
however, a duplicate temporary certificate of licensure may be issued by the
department for display at another place of employment upon submission of a
duplicate certificate of licensure application and fee.
[20.3.20.321 NMAC - N, 09/25/2018]
20.3.20.322 PROVISIONAL LICENSES:
A. Provisional
license. The department may grant a
provisional license to practice medical imaging to an individual who:
(1) is currently licensed by the department;
(2) submits an application to the department; and
(3) follows training pathways established by one of the
following recognized national certification organizations:
(a) ARRT;
(b) ARDMS;
(c) ARMRIT;
(d) CCI;
or
(e) NMTCB.
B. License Term. A provisional license:
(1) expires
two years from the date of issuance; and
(2)
may be renewed one time.
C. Term
for licenses issued prior to the 15th of the month. The license term for all licenses issued
prior to the 15th of the month, except a temporary license, will:
(1) be for 24 months;
(2) begin on the date the license is issued; and
(3) end on the last day of the month the license was issued.
D. Term for licenses issued after the 15th
of the month. The license term for
all licenses issued after the 15th of the month, except a temporary
license, will:
(1) be for 24 months;
(2) begin
on the date the license is issued: and
(3) end on the last day of the month following the month the
license was issued.
E. Applicability to licensee enrolled in an approved
program. This section does not apply to a licensee who
is currently enrolled in an approved program leading to qualification for another
modality and subspecialty license.
[20.3.20.322 NMAC - N, 09/25/2018]
20.3.20.323 -
20.3.20.329 [RESERVED]
20.3.20.330 CONTINUING EDUCATION:
A. Continuing
education.
(1) During the license term, a limited practice
of radiography licensee must complete 24 hours or credits of category A or A+
continuing education approved by a RCEEM recognized by the ARRT. Documentation of completion of the required
continuing education must be submitted to the department with each renewal
application.
(2) During
the license term, a medical imaging, a radiation therapy, or a radiologist
assistant licensee, other than a limited practice of radiography licensee, must
comply with all continuing education, continuing competency, and registration
requirements of the credentialing organization for which they hold a credential
or certification. The department may
require a licensee to certify meeting the credentialing organization’s requirements. Failure to meet the credentialing
organization’s requirements may be grounds for suspension or revocation of a
license. This does not apply to
individuals with an active temporary license that has been issued by the
department.
(3) The
department may require a licensee to submit documentation from the
credentialing organization if online verification is not available at the time
the licensee's renewal request is being reviewed.
B. Audit. The department may audit a licensee’s
continuing education and continuing compliance with requirements of the act and
this part. A licensee must submit the
audit information requested by the department within 30 days of receipt of the
notification of audit. No application or
fees are required when submitting information requested by the department for
an audit.
[20.3.20.330 NMAC - Rp, 20.3.20.500 NMAC,
09/25/2018]
20.3.20.331 -
20.3.20.339 [RESERVED]
20.3.20.340 DUTIES OF LICENSEE:
A. Continuing
to comply with requirements. A
licensee must:
(1) continue to comply with all licensure requirements of the
act and this part throughout the license term;
(2) maintain
credential or certification and registration in their licensed imaging modality
and subspecialty, if applicable, throughout the licensure period or notify the
department in writing within 30 days that a credential or certification is no
longer being maintained;
(3) notify
the department in writing within 30 days of any pending or final actions by a
credentialing organization, state agency, or federal agency against the
licensee; and
(4) notify the department in writing within 30 days of lapse,
probation, suspension, or revocation of any professional license.
B. Expired,
suspended, or revoked license. An
individual whose license has expired, or has been suspended or revoked by the
department, shall not perform medical imaging or radiation therapy procedures.
C. Duty
to cooperate with department. An
applicant or licensee has a duty to cooperate with the department during an
investigation or inspection authorized under the act, this part, or other state
or federal law.
D. Reporting
violations. A licensee has a duty to
report a violation of the act, this part, or other state or federal law to the
department or other appropriate agency.
E. Supervision
of students or licensees.
(1) A
limited practice of radiography licensee shall only provide supervision of a
limited practice of radiography student or licensee.
(2) A
medical imaging or radiation therapy licensee may provide supervision to a
medical imaging or radiation therapy student or licensee in the same modality
and specialization as the licensee. A
radiographer may provide supervision to a limited practice of radiography
student or licensee.
[20.3.20.340 NMAC - N, 09/25/2018]
20.3.20.341 CERTIFICATE OF LICENSURE:
A. Display of certificate of licensure. Original certificates of licensure shall be
publicly displayed by the licensee at each place of employment.
B. Photocopying
or reproduction prohibited.
Photocopying or other reproduction of a certificate of licensure is
prohibited.
C. Duplicate
certificate of licensure or replacement of certificate of licensure. To obtain a duplicate certificate of
licensure or replacement of certificate of licensure, the licensee must submit
a duplicate certificate of licensure or replacement certificate of licensure
application and required fee to the department.
D. Legal Name Change. To obtain a replacement certificate of
licensure due to a legal name change, the licensee must submit documentation of
the legal name change, a name change application, and required fee to the
department.
[20.3.20.341 NMAC - N, 09/25/2018]
20.3.20.342 -
20.3.20.399 [RESERVED]
20.3.20.400 RENEWAL, REINSTATEMENT, AND
REAPPLICATION:
A. License
renewal and reinstatement. A
licensee is solely responsible for ensuring they maintain a current
license. Failure to receive notification
by the department prior to the expiration date of the license is not an excuse
for failure to file a timely renewal application.
(1) Prior
to the expiration date listed on the licensee’s current certificate of
licensure, a licensee must submit the biennial licensure fee and completed
renewal application, including any requested supporting documents to the
department.
(2) The
department will not process an incomplete renewal application.
(3) The
department will process completed applications in the order received.
(4) The
department shall not renew a license until it is satisfied the license renewal
applicant meets all requirements of the act and this part.
(5) All
required items must be received by the department prior to the expiration date
on the licensee’s current certificate of licensure or else the renewal
application shall be considered incomplete.
The licensee’s failure to submit a complete license renewal application
will result in a reinstatement fee. An
earlier postmark date shall not excuse the reinstatement fee.
(a) If
a reinstatement fee is assessed and all other requirements for renewal are met,
the department will issue an invoice to the licensee that will accompany the
renewed certificate of licensure.
(b) If
an applicant or licensee fails to pay the reinstatement fee within 30 days of
the invoice date, the department may take action to suspend the license until
the department has received the reinstatement fee.
B. Reapplication. Reapplication is required if a license has
been expired for more than one year. An
applicant for reapplication must meet all of the requirements contained in
20.3.20.320 NMAC.
[20.3.20.400 NMAC - Rp, 20.3.20.501 NMAC,
09/25/2018]
20.3.20.401 -
20.3.20.499 [RESERVED]
20.3.20.500 DEPARTMENT FORMS, CONFIDENTIALITY, AND
RELEASE OF PERSONAL IDENTIFICATION:
A. Department
forms required.
(1) An
individual seeking licensure or any other services listed in this part shall
submit a completed application form and applicable fee to the department.
(2) The
department shall create and make available all necessary application forms.
(3) The
department’s forms may request such personal identification as is required to
perform the department’s duties under the act and this part including, but not
limited to: name, mailing address, telephone numbers, email address,
certifications, licenses, date of birth, and social security number.
(4) No
application shall be complete unless it is on the form prescribed by the
department and includes, in legible format:
(a) all required personal identification;
(b) copies of all supporting documents specified on the form;
(c) full payment of required fees by a method specified on the
form; and
(d) date and signature of the applicant.
B. Confidentiality
of personal identification. Personal
identification collected by the department shall not be disclosed except:
(1) in the performance of the department’s duties under the act
or this part;
(2) as provided in this part or as required by state or federal
law; or
(3) in response to a valid subpoena or court order.
C. Release
of licensee personal identification.
Unless otherwise provided by law, the department shall only release a
licensee’s name, mailing address, department registration number, and
verification of license and subspecialty.
The department may release information related to an application denial
or license revocation or suspension to a credentialing organization. In accordance with federal law, the
department shall release any required information related to revocation or
suspension of a licensee to the national practitioner data bank.
[20.3.20.500 NMAC - N, 09/25/2018]
20.3.20.501
FEES:
A. Application
fee. In addition to any other fees,
an application fee of $10.00 must be submitted with each type of application
available from the department, unless otherwise provided in this part.
B. Initial
license fee. An initial license fee
of $100.00 must be submitted with each initial license application, regardless
of the number of modality and subspecialty licenses requested on the same
application.
C. Examination
fee. An examination fee of $150.00
must be submitted with each examination application as required in 20.3.20.310
NMAC.
D. Biennial
licensure fee. A biennial fee of
$100.00 may be submitted to the department prior to the expiration date of the
individual’s current license issued by the department. The department will renew an individual’s
license upon submittal of the fee and the license will be valid for 24 months
after the expiration date of their current license issued by the department.
E. License
reinstatement fee. In addition to
any other required fees, a license reinstatement fee of $25.00 must be
submitted with a license reinstatement application or if a licensee fails to
submit a complete renewal application before the expiration of a license.
F. Duplicate certificate of licensure or replacement of
certificate of licensure fee. A
fee of $5.00 will be required for each duplicate certificate of licensure or
replacement of certificate of licensure requested in the application and a fee
of $5.00 for each additional duplicate certificate of license or replacement of
certificate of licensure ordered from all other application forms that provide
the option to request additional original duplicate certificates of licensure
or replacement of certificate of licensure.
G. Temporary
license fee. A temporary license fee
of $50.00 must be submitted with each temporary license application.
H. Provisional
license fee. A provisional license
fee of $25.00 must be submitted with a provisional license application.
I. License
verification fee. A license
verification fee of $10.00 for each verification must
be submitted with each license verification form.
J. Legal
name change fee. A legal name change
fee of $15.00 must be submitted with each legal name change application.
K. Refunds. Fees submitted to the department are
non-refundable and non-transferrable.
However, if the department determines that fees have been received in
excess of the amount legally due, the department will refund the excess amount
portion of the received fee upon receipt of a written request from the
individual who paid the excess fee amount, or that individual’s legal
representative.
L. Nonsufficient
funds fee. If the department is
unable to process the fees submitted by the applicant, then the name of that
licensee will be removed from the list of all New Mexico active radiologic
technologists, which appears on the New Mexico environment department’s
radiation control bureau website, and the department will assess a $25.00
nonsufficient fund fee. That licensee
must submit payment to the department in the form of a cashiers’ check or money
order.
[20.3.20.501 NMAC - Rp, 20.3.20.600 NMAC,
09/25/2018]
20.3.20.502 -
20.3.20.599 [RESERVED]
20.3.20.600 DENIAL, REVOCATION, OR SUSPENSION OF
LICENSE:
A. Denial
of application. The department may
not issue a license to an applicant who has failed to meet the requirements of
the act or this part.
B. Suspension,
revocation, application of uniform licensing act. The board, with advice from the advisory
council, may deny, revoke, or suspend a license granted or applied for under
the act and this part, pursuant to the procedures established in the Uniform
Licensing Act Section 61-1-1 through 61-1-34 NMSA 1978, upon grounds that the
medical imaging or radiation therapy licensee or applicant:
(1) is
guilty of fraud or deceit in procuring or attempting to procure any type of
license or service from the department;
(2) has been convicted of a felony subsequent to licensure;
(3) is unfit or incompetent;
(4) is
habitually intemperate or is addicted to the use of habit-forming drugs;
(5) is mentally incompetent;
(6) has aided and abetted an individual who is not a licensee in
engaging in the activities of a licensee;
(7) has failed to maintain a credential or certification in the
modality and subspecialty for which a license was granted;
(8) has engaged in any practice beyond the licensee’s scope of
practice in violation of state or federal law or facility policy;
(9) is guilty of unprofessional conduct or unethical conduct as
defined in Subsection C of this section;
(10) has interpreted a diagnostic imaging exam for a patient, a
patient’s family, or the public;
(11) has willfully or repeatedly violated any provisions of the
act or this part;
(12) has
failed to notify the department in writing within 30 days of any final
disciplinary action by a licensing board or credentialing organization,
including but not limited to sanction, probation, suspension, or revocation; or
(13) is
not in compliance with the terms of the New Mexico Parental Responsibility Act,
Section 40-5A-1 to 40-5A-13 NMSA 1978; in taking action under this provision,
the board shall follow the procedures in 20.1.7 NMAC named “Parental
Responsibility Act Compliance.”
C. Unprofessional
or unethical conduct. With respect
to the grounds for denial, revocation, or suspension under Section 61-14E-11
NMSA 1978, the terms “unprofessional conduct” or “unethical conduct” shall
refer to, but shall not be limited to any licensee, applicant, medical imaging
professional, or radiation therapist who:
(1) is
engaged in the practice of medical imaging or radiation therapy while in an
intoxicated condition or under the influence of a narcotic or other drug that
impairs consciousness, judgment, or behavior;
(2) is engaged in unethical conduct while practicing medical
imaging or radiation therapy;
(3) has engaged in the willful falsification of records, or
destruction or theft of property or records relating to the practice of medical
imaging or radiation therapy;
(4) fails to exercise due regard for the safety of life or
health of the patient;
(5) has unauthorized access to or disclosure of information
relating to a patient’s records;
(6) discriminates against any individual because of race, religion,
creed, color, national origin, sex, or sex while practicing medical imaging or
radiation therapy;
(7) has been convicted of a felony subsequent to licensure by
the department;
(8) impersonates a current or former licensee or engages in the
activities of medical imaging or radiation therapy under an assumed name;
(9) is applying ionizing or non-ionizing radiation to a human
being without a specific prescription or direction of a licensed practitioner
or other health care practitioner authorized to order a medical imaging or
radiation therapy;
(10) is incompetent or negligent in activities related to medical
imaging, radiation therapy, or limited practice of radiography;
(11) is continuing to practice without obtaining a license or
renewal as required by the act or this part;
(12) is
using the prefix “Dr.”, unless entitled to do so pursuant to a degree granted,
the word “doctor”, or any suffix or affix to indicate or imply that the
individual is a licensed practitioner when not so licensed;
(13) is providing false, misleading, or deceptive information on
any application or supporting documents submitted to the department;
(14) is failing to conform to nationally recognized practice
standards as applicable to each modality or subspecialty;
(15) fails
to disclose in writing to the department any felony conviction or
non-compliance with the New Mexico Parental Responsibility Act, Section 40-5A-1
to 40-5A-13 NMSA 1978, within 30 days of the conviction or judgment; or
(16) fails to disclose in writing to the department any sanction,
probation, suspension, or revocation by a state agency or credentialing
organization within 30 days of such occurrence.
D. Opportunity for licensee or applicant to
have a hearing. Any licensee or
applicant whose license or license application is denied, revoked, or suspended
under this part shall be afforded notice and an opportunity to be heard
pursuant to the procedures established in the Uniform Licensing Act, Sections
61-1-1 to -34 NMSA 1978, the Medical Imaging and Radiation Therapy Health and
Safety Act, Section 61-14E-11 NMSA 1978, and the adjudicatory procedures for
the environmental improvement board in 20.1.2 NMAC.
E. Application of
uniform licensing act. The department
shall comply with the provisions of the Uniform Licensing Act, Section 61-1-1
to 61-1-34 NMSA 1978, and any rules or regulations promulgated thereunder.
[20.3.20.600 NMAC - Rp, 20.3.20.400 NMAC,
09/25/2018]
20.3.20.601 -
20.3.20.699 [RESERVED]
20.3.20.700 SEVERABILITY: If any provision or application of this part
is held invalid, the remainder, or its application to other situations or
persons, shall not be affected.
[20.3.20.700 NMAC - Rp, 20.3.20.700 NMAC,
09/25/2018]
20.3.20.701 AMENDMENT AND SUPERSESSION OF PRIOR
REGULATIONS: This part
shall be construed as amending and superseding the regulations on the practice
of medical imaging or radiation therapy, EIB/MRHSA 1, filed January 11, 1988,
as amended. All references to the
regulations on the practice of medical imaging or radiation therapy in any
other rule shall be construed as a reference to this part.
[20.3.20.701 NMAC - Rp, 20.3.20.701 NMAC,
09/25/2018]
20.3.20.702 SAVING CLAUSE: Supersession of the regulations on the
practice of medical imaging or radiation therapy shall not affect any
administrative or judicial enforcement action pending on the effective date of
this part nor the validity of any license granted or certificate of licensure
issued pursuant to the regulations on the practice of medical imaging or
radiation therapy.
[20.3.20.702 NMAC - Rp, 20.3.20.702 NMAC,
09/25/2018]
20.3.20.703 CONSTRUCTION: This part shall be liberally construed to
effectuate the purpose of the act.
[20.3.20.703 NMAC - Rp, 20.3.20.703 NMAC, 09/25/2018]
20.3.20.704 COMPLIANCE WITH OTHER REGULATIONS: Compliance with this part does not relieve an
individual from the obligation to comply with other applicable state and
federal regulations.
[20.3.20.704 NMAC - Rp, 20.3.20.704 NMAC,
09/25/2018]
HISTORY OF
20.3.20 NMAC:
Pre-NMAC
History: The
material in this part was derived from that previously filed with the
commission of public records - state records center and archives. EIB/MRHSA 1,
Regulations on the Practice of Radiologic Technology, 11/11/1988.
History of
repealed material: 20 NMAC 3.2, Radiologic Technology
Certification, (filed 12/15/95), repealed 08/31/2005.
20.3.20 NMAC,
Radiologic Technology Certification, effective 08/31/2005, repealed 09/25/2018.
Other History:
EIB/MRHSA 1,
Regulations on the Practice of Radiologic Technology (filed 11/11/1988) was
renumbered, reformatted and amended as 20 NMAC 3.2, Radiologic Technology
Certification, effective 01/14/96.
20 NMAC 3.2, Radiologic
Technology Certification, (filed 12/15/95) was replaced by 20.3.20, Radiologic Technology Certification, effective 08/31/2005.