TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 23 RESPIRATORY CARE PRACTITIONERS
PART 1 GENERAL PROVISIONS
16.23.1.1 ISSUING AGENCY: New Mexico Regulation and
Licensing Department in consultation with the Advisory Board of Respiratory
Care Practitioners.
[16.23.1.1 NMAC - Rp, 16.23.1.1 NMAC, 6/27/2023]
16.23.1.2 SCOPE: The provisions of Part 1 of Chapter 23 apply
to all Parts of Chapter 23 and provide relevant information to anyone affected
or interested in the licensing and regulation of the practice of respiratory
care as set forth in Chapter 23.
[16.23.1.2 NMAC - Rp, 16.23.1.2 NMAC, 6/27/2023]
16.23.1.3 STATUTORY AUTHORITY: Part 1 of Chapter 23 is
promulgated pursuant to the Respiratory Care Act Section 61-12B-6 NMSA 1978.
[16.23.1.3 NMAC - Rp, 16.23.1.3 NMAC, 6/27/2023]
16.23.1.4 DURATION: Permanent.
[16.23.1.4 NMAC - Rp, 16.23.1.4 NMAC, 6/27/2023]
16.23.1.5 EFFECTIVE DATE: June 27, 2023, unless a later
date is cited at the end of a section.
[16.23.1.5 NMAC - Rp, 16.23.1.5 NMAC, 6/27/2023]
16.23.1.6 OBJECTIVE: The objective of Part 1 of
Chapter 23 is to set forth the provisions which apply to all of Title 16,
Chapter 23 NMAC of the New Mexico Administrative Code and to all persons and
entities affected by Title 16, Chapter 23 NMAC.
[16.23.1.6 NMAC - Rp, 16.23.1.6 NMAC, 6/27/2023]
16.23.1.7 DEFINITIONS: Unless otherwise defined below, terms used in Title
16, Chapter 23 NMAC, have the same meanings as set forth in the Respiratory
Care Act or in other cited New Mexico statutes:
A. Definitions beginning with “A”:
(1) “Applicant” means a person who has applied
to the department for a temporary permit or a respiratory care practitioner’s
license.
(2) “Approval” means the review and
acceptance of a specific activity.
(3) “Approval body” means the agency,
institution, or organization with the authorization to award continuing
education credit.
(4) “Approved training and education program”
means a program supported by the commission accreditation for respiratory care
(COARC), or its predecessor the joint review committee for respiratory therapy
education (JRCRTE), or accredited by the commission on accreditation of allied
health education programs (CAAHEP), or its successor approval body.
(5) “Audit” means an examination and
verification of continuing education documents by the department.
B. Definitions
beginning with “B”: “Board” has the same meaning as defined
in Subsection A of Section 61-12B-3 NMSA 1978.
C. Definitions
beginning with “C”:
(1) “Clock hour” means a unit of
measurement to describe a continuing education offering which equals a
60-minute clock hour.
(2) “Complaint” means a complaint, which has been filed with the department or the board, against a temporary permittee, respiratory care practitioner licensee, or applicant for either permit or license.
(3) “Complainant” means the party who files
a complaint against a temporary permittee, a respiratory care practitioner
licensee, or an applicant for either a permit or a license governed by the
Respiratory Care Act.
(4) “Continuing education” or “CE” means a learning experience intended to enhance
professional development and includes continuing education units (CEUs) and
continuing medical education (CME).
(5) “Controlled Substances Act” refers to Section 30-31-1 through Section 30-31-41 NMSA 1978.
(6) “CRT” means certified respiratory therapist.
This is the entry level of respiratory care.
(7) “CRTT” means a certified respiratory
therapy technician. This is the entry
level of respiratory care.
D. Definitions beginning with “D”:
(1) “Department”
has the same meaning as defined in Subsection B of Section 61-12B-3 NMSA 1978.
(2) “Direct supervision” means direction and control by a training supervisor over a student extern temporary permittee or a graduate temporary permittee while the permittee is providing respiratory care procedures under the authority of the training supervisor’s license.
(3) “DME or DME company” refers to durable
medical equipment or companies that provide durable medical equipment in the
health care industry.
E. Definitions beginning
with “E”:
(1) “Electronic signature” has the same meaning as defined in Subsection 7
of Section 14-16-2 NMSA 1978.
(2) “Expired license” means a license that
has not been renewed on or before the end of the license renewal period.
(3) "Expanded practice" has the
same meaning as the definition in Subsection E of Section 61-12B-3 NMSA 1978.
F. Definitions beginning with “F”: “Facility” means the employer of a
licensed respiratory care practitioner or temporary permit holder.
G. Definitions beginning with “G”:
(1) “Graduate” means a non-licensed person who has completed an approved respiratory care training program and is employed by a supervisory facility to provide respiratory care for remuneration and in accordance with the provisions for a temporary permit issued under these regulations.
(2) “Gratuitous” means to receive no form
of payment or remuneration.
H. Definitions beginning with “H”: “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.
I. Definitions
beginning with “I”:
(1) “Impaired Health Care Provider Act” refers to Section 61-7-1 through
Section 61-7-12 NMSA 1978.
(2) “Initial
licensure” means the process of achieving the legal privilege to practice
within a professional category upon the completion of educational and other
licensing requirements.
J. Definitions
beginning with “J”: [RESERVED]
K. Definitions beginning with “K”: [RESERVED]
L. Definitions beginning with “L”:
(1) “Lapsed license” means an expired license which has not been
reactivated within the time limitations set forth in Section 17 in 16.23.1 NMAC.
(2) “License” means a document identifying
the legal privilege and authorization to practice within a professional
category. In the context of military and
veterans applications submitted pursuant to 16.23.5
NMAC, “license” has the same meaning as defined in Paragraph (1) of Subsection
F of Section 61-1-34 NMSA 1978.
(3) “License
reactivation” means the process of making current a license that has
expired as a result of failure to comply with the
necessary renewal requirements.
(4) “Licensing period for extern permits” means a one year period from the date of issuance to the last day of the same month, one year later.
(5) “Licensing period for graduate permits”
means six months from the date of application and is not renewable; or until
receipt of failing national board of respiratory care (NBRC) registered
respiratory therapist (RRT) exam results.
Initial applicants who do not become licensed within one year of
becoming (NBRC) credentialed are issued a one year graduate permit from the
date of application.
M. Definitions beginning
with “M”:
(1) “Medical board” as it applies to
respiratory care, means a group of medical experts that review clinical
practice in a facility to assure that the practice of health care meets the
standard of care in the health care community.
(2) “Medical direction” as it applies 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.
(3) “Military
service member” has the same meaning as defined in Paragraph (3) of
Subsection F of Section 61-1-34 NMSA 1978.
N. Definitions
beginning with “N”:
(1) “NBRC” means the national board for
respiratory care, inc.
(2) “National licensing exam” means the
national examination for respiratory care practitioners administered by the
national board for respiratory care resulting in obtaining CRTT, CRT, or RRT
credentials.
(3) “Non-traditional training program” refers to a respiratory care training program in which a person receives on-the-job training in respiratory care from a supervising medical director, a supervising physician, or a licensed respiratory care practitioner, and in which the trainee may receive compensation while in such a training program.
(4) “Notice
of contemplated action” or “NCA” means the administrative action provided
for by the Uniform Licensing Act, whereby the respondent is given notice of a
pending disciplinary action against his or her application, permit or license,
based upon violations of the department’s rules and regulations governing the
practice of respiratory care or the Respiratory Care Act, which have been
alleged in a complaint filed with the department or the board. The respondent is afforded an opportunity for
a formal hearing before the department, in consultation with the board.
O. Definitions
beginning with “O”: [RESERVED]
P. Definitions
beginning with “P”:
(1) “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.
(2) “Parental Responsibility Act” or “PRA”
refers to Section 40-5A-1 through Section 40-5A-13, NMSA 1978 (1995 Supp.)
herein referred to as the Parental Responsibility Act or PRA.
(3) “Permittee” means a person who has been granted a temporary permit by the department, in consultation with the board.
(4) “Public health emergency” is an
emergency declared pursuant to the All Hazards Emergency Management Act,
Sections 12-10-1 to 12-10-21 NMSA 1978, and the Public Health Emergency
Response Act, Sections 12-10A-1 to 12-10A-19 NMSA 1978.
(5) “Public Records Act" refers to
Section 14-3-1 through Section 14-3-25, NMSA 1978.
Q. Definitions
beginning with “Q”: [RESERVED]
R. Definitions
beginning with “R”:
(1) “Redacted” means the act or process of editing or revising the complaint so that the parties, which are the subject of the complaint, are unknown to the board.
(2) “Reinstatement” means the process
whereby a license that has been subject to revocation or suspension is returned
to former status.
(3) “Respiratory
Care Act” refers to Section 61-12B-1 through Section 61-12B-16, NMSA 1978.
(4) “Respiratory Care Practitioner” or “RCP”
means a person who is licensed to practice respiratory care in New Mexico.
(5) “Respiratory Therapy Training
Program” means a program
approved by the commission on accreditation of allied health education programs
(CAHEP), or its successor approval body.
(6) “Respondent” means the permit or license applicant or the temporary permittee or licensed practitioner who is the subject of the complaint.
(7) “RRT” means a registered respiratory therapist. This is the advanced level of respiratory
care.
S. Definitions beginning with “S”:
(1) “Student” means a person enrolled in an approved respiratory care training and education program and who receives no remuneration for respiratory care services performed in a supervisory facility as part of an approved respiratory care training program.
(2) “Student extern” means a person who is engaged by a supervisory
facility to provide respiratory care for
remuneration while enrolled in an
approved respiratory care training and education program, and in accordance
with the provisions for a temporary permit issued under these regulations.
(3) “Superintendent”
has the same meaning as defined in Subsection I of Section 61-12B-3 NMSA 1978.
(4) “Supervisory facility” means the
employer of a temporary permit holder.
T. Definitions beginning with “T”:
(1) “Telemedicine” means the use of telephonic or electronic communications to provide clinical services to patients without an in-person visit.
(2) “Traditional training program” refers to a respiratory care training program that provides classroom instruction and clinical experience only to students or student externs under direct supervision of a licensed and responsible professional.
(3) “Training supervisor” means a New
Mexico licensed respiratory care practitioner
or a New Mexico licensed physician who agrees to be responsible for the
respiratory care administered by student externs and graduates while these
individuals are employed by a supervisory facility and are being trained there.
U. Definitions
beginning with “U”: [RESERVED]
V. Definitions
beginning with “V”: [RESERVED]
W. Definitions beginning
with “W”: [RESERVED]
X. Definitions
beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[16.23.1.7 NMAC - Rp, 16.23.1.7 NMAC, 6/27/2023]
16.23.1.8 SEVERABILITY: Should any part or application of
Title 16, Chapter 23 NMAC be declared invalid, the remainder shall remain in
full force and effect.
[16.23.1.8 NMAC - Rp, 16.23.1.8 NMAC, 6/27/2023]
16.23.1.9 EXCEPTIONS: Title 16, Chapter 23 NMAC does
not apply to the following:
A. Other persons
and health care providers licensed by appropriate agencies of New Mexico.
B. Persons
providing self-care to themselves.
C. Persons who do not represent themselves or hold themselves out to be a
respiratory care practitioner who are providing gratuitous care to a friend or
family member.
D. Persons who
provide respiratory care services in a case of emergency.
E. Title 16 Chapter 23 NMAC does not prohibit the following from performing
recognized functions and duties of medical laboratory personnel for which they
are appropriately trained and certified.
(1) qualified clinical
laboratory personnel working in facilities licensed by the federal Clinical
Laboratories Improvement Act of 1967, as amended, or any subsequent act;
(2) persons
accredited by the college of American pathologists; or
(3) qualified
clinical laboratory personnel who work in facilities accredited by the joint
commission on accreditation of health care organizations.
[16.23.1.9 NMAC - Rp, 16.23.1.9 NMAC, 6/27/2023]
16.23.1.10 INSPECTION OF PUBLIC RECORDS: The board
operates in compliance with the Inspection of Public Records Act, Section
14-2-1 through Section 14-2-12, NMSA 1978.
The board administrator is the custodian of the board's records.
[16.23.1.10 NMAC - Rp, 16.23.1.10 NMAC, 6/27/2023]
16.23.1.11 TELEPHONE CONFERENCES: When it is difficult or
impossible for a board member to attend a board meeting in person, the member
may participate by means of a conference telephone or similar communications
equipment as authorized by the Open Meetings Act, Section 61-15-1, NMSA 1978.
A. Participation by
such means shall constitute presence in person at the meeting.
B. Each member
participating by conference telephone must be identified when speaking.
C. All participants
must be able to hear each other at the same time.
D. Members of the
public attending the meeting must be able to hear any member of the board who
speaks during the meeting.
[16.23.1.11 NMAC - Rp, 16.23.1.11 NMAC, 6/27/2023]
16.23.1.12 INCOMPLETE APPLICATIONS PURGED: Incomplete applications for licensure will be purged from board files two years from the date the file is closed.
[16.23.1.12 NMAC - Rp, 16.23.1.12
NMAC, 6/27/2023]
16.23.1.13 LEGAL NAME CHANGE: If a licensee or permit holder requests a new license or permit, as the result of a legal name change, the department will issue a new license upon receipt of the following:
A. the old license(s) or permit(s);
B. legal proof of the name change;
C. a written request for name change to be made on licensing or permit records; and
D. any applicable fee.
[16.23.1.13 NMAC - Rp, 16.23.1.13 NMAC, 6/27/2023]
16.23.1.14 ADDRESS OR EMPLOYMENT CHANGES: It is the licensee’s or permitee’s responsibility to keep the department informed immediately of any changes in contact information.
[16.23.1.14 NMAC - N, 6/27/2023]
16.23.1.15 DUPLICATE LICENSE: In the event a license or permit is lost or destroyed, the department will issue a duplicate license or permit upon receipt of the following.
A. Notice to the department of the loss by the licensee or permitee.
B. A request for a duplicate.
C. Any applicable fee.
[16.23.1.15 NMAC - Rp, 16.23.1.15
NMAC, 6/27/2023]
16.23.1.16 INACTIVE STATUS REQUIREMENTS: Currently licensed practitioners who are not currently practicing in New Mexico under the terms and provisions authorized by the Respiratory Care Act, or who are working for the federal government, may place their licenses on inactive status at the time of renewal rather than let their licenses expire.
A practitioner’s license will be placed on inactive status by the department after the licensee has provided the following:
A. A practitioners license will be placed on inactive status by the department after the licensee has provided the following:
(1) a completed renewal application signed by the applicant under penalty of perjury, on which the “inactive status requested” box has been checked;
(2) documentation verifying that the continuing education requirements were met as set forth 16.23.12 NMAC; and
(3) the applicable fee for inactive status set forth in 16.23.2.8 NMAC.
B. the practitioner must submit the completed renewal application form marked for inactive status with a postmark dated on or before September 30 in order to be processed for inactive status.
C. Upon approval of the inactive status application request, the department will send the licensee notice that the license has been placed on inactive status.
D. Until the inactive status license has been reactivated, the respiratory care practitioner may not practice respiratory care in New Mexico unless employed by the federal government.
E. Inactive status reactivation: The individual who has placed his or her license on inactive status may reactivate the license before September 30 of the next odd-numbered year by completing the following procedure.
(1) complete, sign, and submit the reactivation application provided by the department; and
(2) payment of any applicable fee for reactivation from inactive status.
F. Upon approval of the reactivation application, the department will issue a reactivated license to the licensee. The license number will remain the same.
G. Continuing education requirements for reactivation: For the next renewal cycle, the number of continuing education hours that will be required will depend upon the reactivation date as follows:
(1) Twenty clock hours per renewal cycle. If the completed reactivation application is received by the department postmarked on or before September 30 of the even-numbered year, the number of continuing education hours due at the next renewal (September 30 of the next odd-numbered year) will be 20.
(2) Ten clock hours per renewal cycle. If the completed reactivation application is received by the department postmarked on or after October 1 of the even-numbered year through May 31 of the odd-numbered year, the number of continuing education hours due at the next renewal (September 30 of the same year) will be 10.
(3) Zero clock hours. If the completed reactivation application is approved by the department postmarked on or after June 1 of the odd-numbered (renewal) year through July 31 of the same year, the number of continuing education hours due at the next renewal (September 30 of the same year) will be zero.
[16.23.1.16 NMAC - Rp,
16.23.1.16 NMAC, 6/27/2023]
16.23.1.17 LICENSE EXPIRATION AND LAPSE DUE TO NON-RENEWAL: Respiratory care practitioner licenses not renewed or which have not been placed on inactive status by the end of the renewal cycle will be deemed expired and invalid.
A. The individual who has allowed license expiration, must reactivate the expired license before the next scheduled renewal expiration date for licensed respiratory care practitioners on September 30 of the next odd-numbered year. The applicant must complete the following process in order to reactivate the license.
(1) Complete, sign and submit a reactivation application provided by the department.
(2) Payment of any applicable renewal and reactivate fee.
(3) Proof of 20 clock hours of continuing education required from the renewal cycle.
B. License lapse: An expired license that has not been reactivated before the next scheduled license expiration date of September 30 of the next odd-numbered year, will lapse and become null and void.
(1) Re-licensure required. Before resuming the practice of respiratory care in New Mexico, the individual whose license has lapsed must be approved for licensure by the department.
(2) Application required. The applicant with a lapsed license must repeat the entire initial licensure application process as set forth in 16.23.3 and 16.23.4 NMAC.
[16.23.1.17 NMAC - Rp, 16.23.1.17
NMAC, 6/27/2023]
16.23.1.18 PARENTAL RESPONSIBILITY ACT COMPLIANCE: Disciplinary action related to compliance with the provisions in the Parental Responsibility Act, Sections 40-5A-1 to 40-5A-13 NMSA 1978, are regulated pursuant to 16.1.1 NMAC, Parental Responsibility Act Compliance.
[16.23.1.18 NMAC - Rp, 16.23.1.18 NMAC, 6/27/2023]
HISTORY OF REPEALED MATERIAL:
16.23.1 NMAC, “Respiratory Care Practitioners - General Provisions”, filed 6/6/2000 - Repealed effective 4/21/2022.
16.23.1 NMAC, “Respiratory Care Practitioners - General Provisions”, filed 3/10/2022 - Repealed effective 6/27/2023.
Other History: 16.23.1 NMAC, “Respiratory Care Practitioners - General Provisions”, (filed 6/6/2000) was replaced by 16.23.1 NMAC, “General Provisions”, effective 4/21/2022.
16.23.1 NMAC, “Respiratory Care Practitioners - General Provisions”, (filed 3/10/2022) was replaced by 16.23.1 NMAC, “General Provisions”, effective 6/27/2023.