New Mexico Register / Volume XXXV,
Issue 23 / December 10, 2024
This is an
amendment to 16.23.1 NMAC, Section 7 and 16 effective 12/10/2024.
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.] Has the same meaning as defined in Subsection D of
Section 61-1-2 NMSA 1978.
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] Subsection E of Section
61-1-2 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, A, 11/19/2024]
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 practitioner’s 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 set forth in
16.23.2.8 NMAC.
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 hours.
(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 hours.
(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 hours.
[16.23.1.16 NMAC - Rp, 16.23.1.16 NMAC, 6/27/2023; A, 12/10/2024]