New Mexico Register / Volume XXXIV, Issue 12 / June 27, 2023TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSINGCHAPTER 23 RESPIRATORY CARE PRACTITIONERSPART 1 GENERAL PROVISIONS126.96.36.199 ISSUING AGENCY: New Mexico Regulation and Licensing Department in consultation with the Advisory Board of Respiratory Care Practitioners.[188.8.131.52 NMAC - Rp, 184.108.40.206 NMAC, 6/27/2023]220.127.116.11 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.[18.104.22.168 NMAC - Rp, 22.214.171.124 NMAC, 6/27/2023]126.96.36.199 STATUTORY AUTHORITY: Part 1 of Chapter 23 is promulgated pursuant to the Respiratory Care Act Section 61-12B-6 NMSA 1978.[188.8.131.52 NMAC - Rp, 184.108.40.206 NMAC, 6/27/2023]220.127.116.11 DURATION: Permanent.[18.104.22.168 NMAC - Rp, 22.214.171.124 NMAC, 6/27/2023]126.96.36.199 EFFECTIVE DATE: June 27, 2023, unless a later date is cited at the end of a section.[188.8.131.52 NMAC - Rp, 184.108.40.206 NMAC, 6/27/2023]220.127.116.11 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.[18.104.22.168 NMAC - Rp, 22.214.171.124 NMAC, 6/27/2023]126.96.36.199 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][188.8.131.52 NMAC - Rp, 184.108.40.206 NMAC, 6/27/2023]220.127.116.11 SEVERABILITY: Should any part or application of Title 16, Chapter 23 NMAC be declared invalid, the remainder shall remain in full force and effect.[18.104.22.168 NMAC - Rp, 22.214.171.124 NMAC, 6/27/2023]126.96.36.199 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.[188.8.131.52 NMAC - Rp, 184.108.40.206 NMAC, 6/27/2023]220.127.116.11 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.[18.104.22.168 NMAC - Rp, 22.214.171.124 NMAC, 6/27/2023]126.96.36.199 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.[188.8.131.52 NMAC - Rp, 184.108.40.206 NMAC, 6/27/2023]220.127.116.11 INCOMPLETE APPLICATIONS PURGED: Incomplete applications for licensure will be purged from board files two years from the date the file is closed.[18.104.22.168 NMAC - Rp, 22.214.171.124 NMAC, 6/27/2023]126.96.36.199 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; andD. any applicable fee.[188.8.131.52 NMAC - Rp, 184.108.40.206 NMAC, 6/27/2023]220.127.116.11 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.[18.104.22.168 NMAC - N, 6/27/2023]22.214.171.124 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.[126.96.36.199 NMAC - Rp, 188.8.131.52 NMAC, 6/27/2023]184.108.40.206 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 220.127.116.11 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.[18.104.22.168 NMAC - Rp, 22.214.171.124 NMAC, 6/27/2023]126.96.36.199 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.[188.8.131.52 NMAC - Rp, 184.108.40.206 NMAC, 6/27/2023]220.127.116.11 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.[18.104.22.168 NMAC - Rp, 22.214.171.124 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.