New Mexico Register / Volume XXXV, Issue 23
/ December 10, 2024
TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 23 RESPIRATORY CARE PRACTITIONERS
PART 14 SCOPE OF
PRACTICE GUIDELINES FOR NON-LICENSED, NON-EXEMPTED PERSONS
16.23.14.1 ISSUING
AGENCY: New Mexico Regulation and Licensing
Department, Respiratory Care Advisory Board.
[16.23.14.1 NMAC - Rp,
16.23.14.1 NMAC 12/10/2024]
16.23.14.2 SCOPE: The provisions
in Part 14 of Chapter 23 apply to licensees and non-licensees.
[16.23.14.2 NMAC - Rp,
16.23.14.2 NMAC 12/10/2024]
16.23.14.3 STATUTORY
AUTHORITY: Part 14 of Chapter 23 is promulgated pursuant
to the Respiratory Care Act, Section 61-12B-11 NMSA 1978. Specifically, Sections 61-12B-2; 61-12B-3;
61-12B-4; 61-12B-7; Subsections C, D and E of Section 61-12B-9, Paragraph (7)
of Subsection A of Sections 61-12B and 61-12B-15 NMSA 1978.
[16.23.14.3 NMAC - Rp, 16.23.14.3 NMAC 12/10/2024]
16.23.14.4 DURATION: Permanent.
[16.23.14.4 NMAC - Rp,
16.23.14.4 NMAC 12/10/2024]
16.23.14.5 EFFECTIVE
DATE: December 10, 2024, unless a later date is
cited at the end of a section.
[16.23.14.5 NMAC - Rp,
16.23.14.5 NMAC 12/10/2024]
16.23.14.6 OBJECTIVE: The objective
of Part 14 of Chapter 23 is to clarify who can perform respiratory care-related
functions and procedures. Its objective
is also to clarify for non-licensed persons what respiratory care-related
function, procedures, or services that they can legally perform, for instance,
in the delivery of medical equipment in the home care setting, in accordance
with the Respiratory Care Act, Sections 61-13-1 through 61-13-17 NMSA 1978.
[16.23.14.6 NMAC - Rp,
16.23.14.6 NMAC 12/10/2024]
16.23.14.7 DEFINITIONS:
A. “Department”
means the New Mexico regulation and licensing department.
B. “DME or DME company” refers to durable
medical equipment or companies that provide durable medical equipment in the
health care industry.
C. [RESERVED]
D. “Gratuitous” means to receive no form
of payment or remuneration.
E. “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.
F. [RESERVED]
G. “License” Has the same meaning as
defined in Subsection E of Section 61-1-2 NMSA 1978.
H. [RESERVED]
I. “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
J. “Medical direction” as applied 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.
[16.23.14.8 NMAC - Rp, 16.23.14.7 NMAC 12/10/2024]
16.23.14.8 RESPIRATORY
CARE SCOPE OF PRACTICE: The scope of practice for respiratory care
practitioners is clearly defined in Subsection C of Section 61-12B-3 NMSA 1978 and
the respiratory care functions and procedures within the scope of practice of
respiratory care practitioners are outlined in Subsection D of Section 61-12B-3
NMSA 1978. In order to
perform these functions and procedures in New Mexico, a person must be licensed
by the state under the Respiratory Care Act.
[16.23.14.8
NMAC - Rp, 16.23.14.8 NMAC 12/10/2024]
16.23.14.9 EXCEPTIONS
TO LICENSURE: The following individuals are exempted from
licensure under the Respiratory Care Act.
A. Persons
licensed by other appropriate state agencies may perform the respiratory care
functions and procedures provided in Section 61-12B-3 NMSA 1978, so long as
they are authorized to do so by their profession’s licensing body.
(1) The licensing body establishes and
regulates the professional standards of the licensed profession; and
(2) The licensing body is obligated to
enforce the provisions of its statutory mandate and the rules and regulations
of that profession.
B. Persons who provide respiratory
care-related self-care.
C. Persons, who do not represent
themselves to be respiratory care practitioners, but who provide gratuitous
care to friends or family members, or who provide respiratory care services in
a case of emergency.
D. Persons who have demonstrated
competency in one or more areas covered by the Respiratory Care Act may perform
only those functions that they are qualified by examination to perform, as long as the testing body offering the examination is
certified by the national commission for health certifying agencies.
[16.23.14.9 NMAC - Rp,
16.23.14.9 NMAC 12/10/2024]
16.23.14.10 VIOLATION
OF THE RESPIRATORY CARE ACT SCOPE OF PRACTICE: It is a misdemeanor violation for anyone to
perform respiratory care procedures that are regulated under the Respiratory
Care Act unless licensed by the board; or unless exempted from licensure by the
provisions in the Respiratory Care Act; or unless authorized under another
licensed professional’s license to perform respiratory care-related functions,
procedures, or services.
A. The
department may seek an immediate injunction to stop the illegal practice of
respiratory care; or
B. The department may initiate civil
action proceedings in any district court to enforce any of the provisions of
the Respiratory Care Act.
[16.23.14.10 NMAC - Rp,
16.23.14.10 NMAC 12/10/2024]
16.23.14.11 UNLICENSED
PERSONS NOT EXEMPTED BY THE RESPIRATORY CARE ACT: Persons who are not licensed in New Mexico to
practice respiratory care, and who are not exempted from licensure by the
Respiratory Care Act, particularly those persons employed by durable medical
equipment companies, home care delivery, or other similar service companies may
perform only the functions listed below.
If a procedure, service, or function is not listed below, the
non-licensed person may not legally perform it.
[16.23.14.11 NMAC - Rp,
16.23.14.11 NMAC 12/10/2024]
16.23.14.12 CPAP,
BI-LEVEL WITHOUT BACK-UP RATE:
A. Deliver
equipment and supplies.
B. Instruct the patient/family how to
order supplies
C. Instruct the patient/family who or
where to call in case of emergency.
[16.23.14.12 NMAC - Rp,
16.23.14.12 NMAC 12/10/2024]
16.23.14.13 ORAL
SUCTIONING:
A. Deliver equipment and supplies.
B. Instruct the patient/family how to
order supplies
C. Instruct the patient/family or where
to call in case of emergency
[16.23.14.13 NMAC - Rp,
16.23.14.13 NMAC 12/10/2024]
16.23.14.14 OXYGEN
DELIVERY, SET UP, CARE, MONITORING, AND INSTRUCTION:
A. Deliver
oxygen equipment and supplies.
B. Instruct the patient/family how to
order supplies
C. Connect the oxygen tubing or cannula
to the oxygen equipment.
D. Instruct the patient/family on the
use of the cannula.
E. Instruct the patient/family on how to
turn the oxygen unit on.
F. Demonstrate to patient/family how to
set the liter flow.
G. Instruct the patient/family on how to
connect and clean the humidifier bottle.
H. Instruct the patient/family on oxygen
safety.
I. Instruct the patient/family on
how to deal with equipment malfunction.
J. Instruct the patient/family
regarding the back-up oxygen cylinder.
K. Instruct the patient/family who or
where to call in case of emergency.
[16.23.14.14 NMAC - Rp,
16.23.14.14 NMAC 12/10/2024]
16.23.14.15 VENTILATOR/LIFE
SUPPORT:
A. Deliver ventilator and supplies.
B. Instruct the patient/family how to
order supplies.
C. Instruct the patient/family who or
where to call in case of emergency.
[16.23.14.15 NMAC - Rp,
16.23.14.15 NMAC 12/10/2024]
16.23.14.16 BRONCHIAL
PULMONARY HYGIENE:
A. Deliver equipment and supplies.
B. Instruct the patient/family how to
order supplies.
C. Instruct the patient/family who or
where to call in case of emergency.
[16.23.14.16 NMAC - Rp,
16.23.14.16 NMAC 12/10/2024]
16.23.14.17 NASOTRACHEAL
SUCTIONING:
A. Deliver equipment and supplies.
B. Instruct the patient/family on how to
order supplies.
C. Instruct the patient/family who or
where to call in case of emergency.
[16.23.14.17 NMAC - Rp,
16.23.14.17 NMAC 12/10/2024]
16.23.14.18 IPPB,
NEBULIZER SET UP AND TREATMENT:
A. Deliver equipment and supplies.
B. Instruct the patient/family how to
order supplies.
C. Instruct the patient/family who or
where to call in case of emergency.
[16.23.14.18 NMAC - Rp,
16.23.14.18 NMAC 12/10/2024]
16.23.14.19 APNEA
MONITOR:
A. Deliver equipment and supplies.
B. Instruct the patient/family on how to
order supplies.
C. Instruct the patient/family who or
where to call in case of emergency.
[16.23.14.19 NMAC - Rp,
16.23.14.19 NMAC 12/10/2024]
16.23.14.20 DIAGNOSTIC
TESTING:
A. Deliver equipment and supplies.
B. Instruct the patient/family on how to
order supplies.
C. Instruct the patient/family who or
where to call in case of emergency.
[16.23.14.20 NMAC - Rp,
16.23.14.20 NMAC 12/10/2024]
16.23.14.21 TRACHEOSTOMY
CARE:
A. Deliver equipment and supplies.
B. Instruct the patient/family on how to
order supplies.
C. Instruct the patient/family who or
where to call in case of emergency.
[16.23.14.21 NMAC - Rp,
16.23.14.21 NMAC 12/10/2024]
16.23.14.22 [RESERVED]
16.23.14.23 [RESERVED]
16.23.14.24 UNLICENSED
PRACTICE OF RESPIRATORY CARE - DISCIPLINARY GUIDELINES: In accordance
with the provisions contained within the Uniform Licensing Act, the department
may take disciplinary action as provided in Section 61-1-3.2, NMSA 1978, (2003
Repl. Pamp.) if the department, in consultation with the board, determines that
the respondent has violated the Respiratory Care Act or the department’s rules
and regulations governing respiratory care (16.23 NMAC) by practicing
respiratory care in New Mexico without a valid New Mexico license.
A. The
department, in consultation with the board, may impose a civil penalty in an
amount not to exceed one thousand dollars ($1,000) against a person who,
without a license, engages in the practice of respiratory care.
B. The
department, in consultation with the board, may impose a civil penalty in an
amount not to exceed one thousand dollars ($1,000) against a company or other
business entity that requires an unlicensed person to engage in the practice of
respiratory care without a license. The
penalty shall be imposed in the amount of one thousand dollars ($1,000) for each individual that the company or business entity employs
and who is performing respiratory care scope of practice procedures and protocols
without benefit of a valid New Mexico respiratory care license or permit.
C. In
addition, the department, in consultation with the board
may assess the person, company, or other business entity for administrative
costs, including investigative costs and the cost of conducting a hearing.
[16.23.14.23 NMAC - Rp,
16.23.14.23 NMAC 12/10/2024]
HISTORY of 16.23.14 NMAC: [RESERVED]
HISTORY OF REPEALED
MATERIAL:
Other History: 16.23.14
NMAC, “Scope of Practice Guidelines For Non - Licensed, Non - Exempted Persons
filed 6/6/2000 - Replaced by 16.23.14 NMAC, “Scope of Practice Guidelines For
Non - Licensed, Non - Exempted effective 12/10/2024.