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

[11-29-97; 7-30-99; 16.23.3.1 NMAC - Rn, 16 NMAC 23.3.1, 01-30-2003, A, 07-10-03]

 

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.

[11-29-97; 16.23.3.2 NMAC - Rn, 16 NMAC 23.3.2, 01-30-2003]

 

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.

[11-29-97; 16.23.3.3 NMAC - Rn, 16 NMAC 23.3.3, 01-30-2003]

 

16.23.3.4               DURATION:  Permanent.

[11-29-97; 16.23.3.4 NMAC - Rn, 16 NMAC 23.3.4, 01-30-2003]

 

16.23.3.5               EFFECTIVE DATE:  November 29, 1997, unless a later date is cited at the end of a section.

[11-29-97; 16.23.3.5 NMAC - Rn, 16 NMAC 23.3.5, 01-30-2003, A, 07-10-03]

 

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.

[2-21-85; 6-10-87; 11-29-97; 16.23.3.6 NMAC - Rn, 16 NMAC 23.3.6, 01-30-2003]

 

16.23.3.7               DEFINITION:  [RESERVED]

[11-29-97; 16.23.3.7 NMAC - Rn, 16 NMAC 23.3.7, 01-30-2003]

 

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.

[2-21-85; 6-10-87; 1-9-88; 11-29-97; 16.23.3.8 NMAC - Rn, 16 NMAC 23.3.8, 01-30-2003; A, 07-10-03]

 

16.23.3.9               LICENSURE REQUIREMENTS:  In accordance with Section 61-12B-7 and Section 61-12B-8, NMSA 1978, and those qualifications set forth therein, the applicant must provide verification of the following:

                A.            being of good moral character;

                B.            successful completion of a respiratory care education program supported by the committee on 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; and

                C.            having successfully passed the national board for respiratory care (NBRC) standard examination resulting in either CRTT, CRT, or RRT credentialing; 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.

[2-21-85; 6-10-87; 1-9-88; 1-19-91; 9-19-91; 11-29-97; 7-30-99; 16.23.3.9 NMAC - Rn, 16 NMAC 23.3.9, 01-30-2003; A, 07-10-03; A, 06-24-2004]

 

16.23.3.10             REQUIREMENTS FOR PERSONS RETURNING TO THE FIELD:  Respiratory therapists applying for licensure who cannot provide proof of having been working in the field of respiratory care within the immediate preceding five years prior to licensure application in New Mexico must provide proof of having successfully passed the exam for certified respiratory therapists (CRRT or CRT) or registered respiratory therapists (RRT) administered by the NBRC and taken within the year of licensure application in New Mexico.  In lieu of experience or successfully passing the NBRC within the year of licensure application the licensee may submit 20 hours of required continuing education taken within the year of licensure application.

[16.23.3.10 NMAC - N, 06-24-2004; A, 1-16-09]

 

16.23.3.11             REQUIREMENTS FOR UPGRADING LICENSE TYPE:  Respiratory therapists wanting to upgrade their license type from CRRT or CRT to RRT must complete an affidavit and submit the required fee as set forth in 16.23.2 NMAC, Section 13.

[16.23.3.11 NMAC - N, 1-16-09]

 

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 01-22-85; HED-87-3 (HSD), “Regulations Governing the Respiratory Care Act,” filed 05-11-87; by department name Regulation & Licensing Department, former division name, Boards & Commissions Division rule number BCD 87-3, “Regulations Governing the Respiratory Care Act,”  filed 12-10-87;  and by department name Regulation and Licensing Department, Respiratory Care Advisory Board rule numbers, Rule 91-2, “Qualifications for Practitioner Licenses,”  filed 08-20-91 and Rule 2, “Qualification for Practitioner License,” filed 03-22-95.

 

HISTORY OF THE REPEALED MATERIAL:  [RESERVED]

 

Other History:  Rule 2, “Qualification for Practitioner License,” filed 03-22-95 was renumbered, reformatted and replaced into first version of the New Mexico Administrative Code as 16 NMAC 23.3, “Qualifications for Practitioner License”, filed 11-10-97.

16 NMAC 23.3, “Qualifications for Practitioner License”, filed 11-10-97, renumbered and reformatted to 16.23.3 NMAC, “Qualifications for Practitioner License”, effective 01-30-2003.