TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 26 HEARING, SPEECH AND AUDIOLOGY PRACTITIONERS
PART 7 GROUNDS
FOR DISCIPLINARY ACTION
16.26.7.1 ISSUING AGENCY: New Mexico Speech-Language
Pathology, Audiology and Hearing Aid Dispensing Practices Board.
[11/7/1998; 16.26.7.1 NMAC -
Rn & A, 16 NMAC 26.7.1, 2/3/2006]
16.26.7.2 SCOPE: The provisions
of Part 7 apply to applicants or licensees under the Speech-Language Pathology,
Audiology and Hearing Aid Dispensing Practices Act.
[11/7/1998; 16.26.7.2 NMAC -
Rn, 16 NMAC 26.7.2, 2/3/2006]
16.26.7.3 STATUTORY AUTHORITY: These rules
are promulgated pursuant to the Speech-Language Pathology, Audiology and
Hearing Aid Dispensing Practices Act , Sections 61-14B-1 to 61-14B-25 NMSA 1978
and the Uniform Licensing Act, Sections 61-1-1 to 61-1-33 NMSA 1978.
[11/7/1998; 16.26.7.3 NMAC -
Rn, 16 NMAC 26.7.3, 2/3/2006]
16.26.7.4 DURATION: Permanent.
[11/7/1998; 16.26.7.4 NMAC -
Rn, 16 NMAC 26.7.4, 2/3/2006]
16.26.7.5 EFFECTIVE DATE: November 7,
1998, unless a later date is cited at the end of a section.
[11/7/1998; 16.26.7.5 NMAC -
Rn & A, 16 NMAC 26.7.5, 2/3/2006]
16.26.7.6 OBJECTIVE: The objective
of Part 7 is to set forth the grounds for disciplinary action which may subject
an applicant or licensee to disciplinary action by the board.
[11/7/1998; 16.26.7.6 NMAC -
Rn, 16 NMAC 26.7.6, 2/3/2006]
16.26.7.7 DEFINITIONS: disqualifying criminal conviction” has the same meaning as defined in
Subsection E of Section 61-1-36 NMSA 1978.
[16.26.7.7 – N, 2/10/2022]
16.26.7.8 DISCIPLINARY GROUNDS AND DENIAL
OF LICENSURE: In accordance with the provisions of the
Uniform Licensing Act, the board may take disciplinary action if the board
determines that the applicant or licensee has violated the Speech-Language
Pathology, Audiology and Hearing Aid Dispensing Practices Act or the board’s
rules. The following may subject the
applicant or licensee to disciplinary action by the board.
A. Engaging
in unprofessional conduct:
Unprofessional conduct includes, but is not limited to, the following:
(1) violations of the principles of ethics or the ethical
proscriptions as set forth in board regulations concerning its Code of Ethics
(16.26.9 NMAC);
(2) for an audiologist or dispensing otorhinolaryngologist to accept a
case referred from a hearing aid dispenser and not return the case to the
referring professional unless the person seeking the hearing aid refuses to
return to the referring professional or if the professional determines, using
his best professional judgement, the return of the case would not be in the
person's best medical or audiological interest.
B. Engaging
in acts that constitute incompetence: Incompetence
includes, but is not limited to, the following:
(1) failure to possess the knowledge, apply the skill or
provide the care required by generally accepted standards of the professions of
speech-language pathology, audiology or hearing aid dispensing; or
(2) violation of the principles of ethics II or the ethical
proscriptions thereunder as set forth in board regulations relating to
professional competence (Subsections D and E of 16.26.9.8 NMAC);
(3) a finding of incompetence may be based upon a single act
or omission of competence or upon a course of conduct or series of acts or
omissions which extend over a period of time and which, taken as a whole,
demonstrate incompetence.
C. Aiding
or abetting the practice by a person not licensed by the board. Aiding or abetting the practice of speech
language pathology by a person not licensed by the board includes, but is not
limited to, the following:
(1) A licensee shall not authorize or otherwise permit a
speech language paraprofessional or assistant working under his or her
supervision to diagnose, conduct diagnostic testing, interpret diagnostic
testing, develop a plan of care or deviate from a plan of care.
(2) A licensee shall ensure that a speech language
paraprofessional or assistant working under his or her supervision follows the
plan of care.
(3) A licensee shall not authorize or otherwise permit an
apprentice in speech-language pathology working under his or her supervision to
conduct any of the duties set forth in Subsection E of 16.26.2.18 NMAC of the
boards rules and shall ensure that the apprentice only engages in those duties
authorized in Subsection D of 16.26.2.18 NMAC of the boards rules.
D. Failing
to deliver to any person supplied with a hearing aid a receipt which contains
the following information:
(1) licensee's license number and signature;
(2) the sponsor's/supervisor's signature approving of the
fitting if the seller is a clinical fellow, graduate student or trainee;
(3) address of the licensee's regular place of business;
(4) make and model of the hearing aid;
(5) full financial terms of the sale;
(6) statement as to whether the hearing aid is new, used or
reconditioned;
(7) statement that the purchaser was advised that the licensee
was not a licensed physician and that the examination and recommendation was
made as a hearing aid dispenser, audiologist, clinical fellow, trainee or
graduate student and not as a medical diagnosis or prescription;
(8) terms of guarantee, if any.
(9) hearing aid options that can provide
a direct connection between the hearing aid and assistive listening systems.
E. Convictions for any of the following
offenses, or their equivalents in any other jurisdiction, are disqualifying
criminal convictions that may disqualify an applicant from receiving or
retaining a license issued by the board:
(1) homicide or manslaughter;
(2) trafficking, or trafficking in
controlled substances;
(3) human trafficking, kidnapping, false imprisonment,
use of force or threats of force against school employees or healthcare
workers, arson, aggravated assault or aggravated battery;
(4) rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure, failure to register as a
sex offender, or other related felony sexual offenses;
(5) crimes involving adult abuse, neglect
or financial exploitation;
(6) crimes involving child abuse or
neglect;
(7) crimes involving robbery, larceny,
extortion, burglary, bribery, fraud, tax fraud or evasion, forgery, embezzlement, credit card fraud,
misuse of public funds or benefits, making false statements, offering or
soliciting an illegal kickback or government action, tampering with public records,
perjury;
(8) escape from a custody or
possession of deadly weapons in custody;
(9) practicing healthcare without a
license;
(10) an attempt, solicitation, or conspiracy
involving any of the felonies in this subsection.
F. The board shall not consider the
fact of a criminal conviction as part of an application for licensure unless
the conviction in question is one of the disqualifying criminal convictions
listed in Subsection E of this rule.
G. The board shall not deny, suspend or
revoke a license on the sole basis of a criminal conviction unless the
conviction in question is one of the disqualifying criminal convictions listed
in Subsection A of this rule.
H. Nothing in this rule prevents the
board from denying an application or disciplining a licensee on the basis of an
individual’s conduct to the extent that such conduct violated the
Speech-Language Pathology, Audiology, and Hearing Aid Dispensing Practices Act,
regardless of whether the individual was convicted of a crime for such conduct
or whether the crime for which the individual was convicted is listed as one of
the disqualifying criminal convictions listed in Subsection A of this rule.
I. In connection with an application
for licensure, the board shall not use, distribute, disseminate, or admit into
evidence at an adjudicatory proceeding criminal records of any of the
following:
(1) an arrest not followed by a valid conviction;
(2) a conviction that has been sealed, dismissed, expunged or
pardoned;
(3) a juvenile adjudication; or
(4) a conviction for any crime other than the disqualifying
criminal convictions listed in Subsection A of this rule.
[11/7/98, 11/27/99, 12/5/99;
16.26.7.8 NMAC - Rn & A, 16 NMAC 26.7.8, 2/3/06; A, 11/28/2017; A,
2/10/2022]
HISTORY OF 16.26.7
NMAC: [RESERVED]