TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 23     RESPIRATORY CARE PRACTITIONERS

PART 3                 QUALIFICATIONS FOR PRACTITIONER LICENSE

 

16.23.3.1               ISSUING AGENCY:  New Mexico Regulation and Licensing Department Respiratory Care Advisory Board P.O. Box 25101 Santa Fe, New Mexico 87504.

[16.23.3.1 NMAC - Rp, 16.23.3.1 NMAC, 7/15/2017]

 

16.23.3.2               SCOPE:  The provisions of Part 3 of Chapter 23 apply to all persons applying to the board for a license to practice respiratory care in New Mexico.

[16.23.3.2 NMAC - Rp, 16.23.3.2 NMAC, 7/15/2017]

 

16.23.3.3               STATUTORY AUTHORITY:  Part 3 of Chapter 23 is promulgated pursuant to the Respiratory Care Act, Section 61-12B-4, Section 61-12B-6, Section 61-12B-7, and Section 61-12B-9 NMSA 1978.

[16.23.3.3 NMAC - Rp, 16.23.3.3 NMAC, 7/15/2017]

 

16.23.3.4               DURATION:  Permanent.

[16.23.3.4 NMAC - Rp, 16.23.3.4 NMAC, 7/15/2017]

 

16.23.3.5               EFFECTIVE DATE:  July 15, 2017, unless a later date is cited at the end of a section.

[16.23.3.5 NMAC - Rp, 16.23.3.5 NMAC, 7/15/2017]

 

16.23.3.6               OBJECTIVE:  The objective of Part 3 of Chapter 23 is to establish the required qualifications necessary for licensure as a respiratory care practitioner.

[16.23.3.6 NMAC - Rp, 16.23.3.6 NMAC, 7/15/2017]

 

16.23.3.7               DEFINITIONS:

                A.            “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

                B.            “Military service member” means a person who is serving in the armed forces of the United States or in an active reserve component of the armed forces of the United States including the national guard.

                C.            “Recent veteran” means a person who has received an honorable discharge or separation from military service within two years immediately preceding the date the person applied for an occupational or professional license pursuant Section 61-1-34, NMSA 1978.

[16.23.3.7 NMAC - Rp, 16.23.3.7 NMAC, 7/15/2017]

 

16.23.3.8               LICENSE REQUIRED TO PRACTICE:  The applicant may not engage in the practice of respiratory care in New Mexico until approval for licensure has been given, and the department has issued an initial license.  The applicant may not represent or hold him or herself out to be a respiratory care practitioner or (RCP) without a valid license.

[16.23.3.8 NMAC - Rp, 16.23.3.8 NMAC, 7/15/2017]

 

16.23.3.9               LICENSURE REQUIREMENTS: The board only recognizes accreditation by the committee on accreditation for respiratory care (CoARC) or its successor approval body.  All references to the national board exams in this part are to the national board for respiratory care (NBRC) exam.  In accordance with Section 61-12B-7 and Section 61-12B-8, NMSA 1978, and the qualifications set forth therein, the applicant must provide verification of the following:

                A.            being of good moral character;

                B.            successful completion of an accredited respiratory care education program;

                C.            For application submitted prior to January 1, 2018, proof of successfully passing the national board standard examination resulting in credentialing as either a, certified respiratory therapist (CRT) or registered respiratory therapist (RRT).  Beginning January 1, 2018, all applicants must show proof of passing the national board exam resulting in credentialing of a registered respiratory therapist (RRT) and maintaining a current registered respiratory therapist (RRT) credential; or

                D.            current licensure in another state that has educational and examination requirements at least equal to or better than those established for licensure in New Mexico at the time of original licensure.

[16.23.3.9 NMAC - Rp, 16.23.3.9 NMAC, 7/15/2017]

 

16.23.3.10             REQUIREMENTS FOR PERSONS RETURNING TO THE FIELD:  Respiratory therapists licensed prior to July 1, 2017, whose license expired and who wish to reapply for a license in New Mexico shall provide proof of having passed the national board exam for certified respiratory therapist (CRT) or registered respiratory therapist (RRT) within a year of application and continuing education credits for each year of non-licensure.  Respiratory therapists licensed after July 1, 2017 reapplying for a new license shall provide proof of having passed the national board exam in the registered respiratory therapist (RRT) credential within a year of application.  The Board may also accept successful completion of a six month temporary graduate license, with the required 20 hours of continuing education per lapsed renewal cycle as required in 16.23.12.8. NMAC, in lieu of successfully passing the national board exam within the year of application.

[16.23.3.10 NMAC - Rp, 16.23.3.10 NMAC, 7/15/2017]

 

16.23.3.11             REQUIREMENTS FOR UPGRADING LICENSE TYPE:  Respiratory therapists wanting to upgrade their license type from CRT to RRT must complete an affidavit and submit the required fee as set forth in 16.23.2.8 NMAC.

[16.23.3.11 NMAC - Rp, 16.23.3.11 NMAC, 7/15/2017]

 

16.23.3.12             ELECTRONIC SIGNATURES: Electronic signatures will be acceptable for applications submitted pursuant to 14-16-1 through 16-16-19 NMSA 1978.

[16.23.3.12 NMAC - N, 7/15/2017]

 

HISTORY OF 16.23.3 NMAC:

PRE-NMAC HISTORY:  The material in PART 3 was derived from regulations previously filed with the State Records Center and Archives by former department name Health and Environment Department, rule numbers, HED-85-1 (HSD), “Regulations Governing the Respiratory Care Act,” filed 1/22/1985; HED-87-3 (HSD), “Regulations Governing the Respiratory Care Act,” filed 5/11/1987; by department name Regulation & Licensing Department, former division name, Boards & Commissions Division rule number BCD 87-3, “Regulations Governing the Respiratory Care Act,”  filed 12/10/1987;  and by department name Regulation and Licensing Department, Respiratory Care Advisory Board rule numbers, Rule 91-2, “Qualifications for Practitioner Licenses,” filed 8/20/1991 and Rule 2, “Qualification for Practitioner License,” filed 03/22/1995.

 

HISTORY OF THE REPEALED MATERIAL:

16.23.3 NMAC, “Qualifications for Practitioner License”, filed 12/30/2002 - Repealed effective 7/15/2017.

 

Other History:  Rule 2, “Qualification for Practitioner License,” filed 3/22/1995 was renumbered, reformatted and replaced into first version of the New Mexico Administrative Code as 16 NMAC 23.3, “Qualifications for Practitioner License”, filed 11/10/1997.

16 NMAC 23.3, “Qualifications for Practitioner License”, filed 11/10/1997, renumbered and reformatted to 16.23.3 NMAC, “Qualifications for Practitioner License”, effective 1/30/2003.

16.23.3 NMAC, “Qualifications for Practitioner License”, (filed 12/30/2002) was replaced by 16.23.3 NMAC, “Qualifications for Practitioner License”, effective 7/15/2017.