TITLE 16               OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 23       RESPIRATORY CARE PRACTITIONERS

PART 8                 RENEWAL AND EXPIRATION OF PRACTITIONER LICENSE

 

16.23.8.1               ISSUING AGENCY:  New Mexico Regulation and Licensing Department Respiratory Care Advisory Board

[11-29-97; 16.23.8.1 NMAC - Rn, 16 NMAC 23.8.1, 01-30-2003; A, 07-10-03]

 

16.23.8.2               SCOPE:  The provisions of PART 8 of Chapter 23 apply to all respiratory care practitioners currently licensed in New Mexico.

[11-29-97; 16.23.8.2 NMAC - Rn, 16 NMAC 23.8.2, 01-30-2003]

 

16.23.8.3               STATUTORY AUTHORITY:  PART 8 of Chapter 23 is promulgated pursuant to the Respiratory Care Act, Section 61-12B-9.A, NMSA 1978.

[11-29-97; 16.23.8.3 NMAC - Rn, 16 NMAC 23.8.3, 01-30-2003]

 

16.23.8.4               DURATION :  Permanent.

[11-29-97; 16.23.8.4 NMAC - Rn, 16 NMAC 23.8.4, 01-30-2003]

 

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

[11-29-97; 16.23.8.5 NMAC - Rn, 16 NMAC 23.8.5, 01-30-2003; A, 07-10-03]

 

16.23.8.6               OBJECTIVE:  The objective of PART 8 of Chapter 23 is to set forth requirements and procedures for renewal of New Mexico respiratory care practitioner licenses.

[11-29-97; 16.23.8.6 NMAC - Rn, 16 NMAC 23.8.6, 01-30-2003]

 

16.23.8.7               DEFINITIONS:  [RESERVED]

 

16.23.8.8               PRACTITIONER LICENSE EXPIRATION DATE:  Respiratory care practitioner licenses expire on September 30 of each odd-numbered year except as provided in 16.23.8.12 NMAC (this rule).

[11-29-97; 16.23.8.8 NMAC - Rn, 16 NMAC 23.8.8, 01-30-2003]

 

16.23.8.9               NOTIFICATION:  No less than forty-five days prior to the license expiration date, notices and renewal applications will be mailed to the licensee at the last official address on file with the department.

                A.            Failure to receive the renewal application notice will not relieve the licensee of the responsibility of renewing the license by the expiration date.

                B.            It is the licensee's responsibility to request a renewal application if one has not been received at least thirty days prior to the license expiration date.

[2-21-85; 6-10-87; 1-9-88; 9-19-91; 4-21-95; 11-29-97; 16.23.8.9 NMAC - Rn, 16 NMAC 23.8.9, 01-30-2003; A, 1-16-09]

 

16.23.8.10             APPLICATION REQUIRED:  Practitioner licenses shall be renewed by the department, in consultation with the board, only upon receipt of the following:

                A.            A completed renewal application;

                B.            Certification that the continuing education requirements were met as set forth in 16.23.12 NMAC; and

                C.            Payment in the amount of the required fee as provided in 16.23.2.9 NMAC.

[2-21-85; 6-10-87; 1-9-88; 9-19-91; 4-21-95; 11-29-97; 16.23.8.10 NMAC - Rn, 16 NMAC 23.8.10, 01-30-2003; A, 1-16-09]

 

16.23.8.11             RENEWAL DEADLINE:  The deadline for renewal of current respiratory care practitioner licenses is September 30th of the odd-numbered year, except as provided in 16.23.8.12 NMAC (this rule).

                A.            September 30 Postmark Requirement.  Completed renewal applications must be postmarked or completed on-line on or before September 30 of the renewal year.

                B.            Application Rejected.  Incomplete renewal applications will be rejected by the board.

                C.            Late Renewal.  Any renewal application, corrected or otherwise returned to the department postmarked after September 30, of the odd-numbered year, is expired and must be accompanied by the penalty fee required for reactivation.  (See 16.23.2.10 NMAC.)

[2-21-85; 6-10-87; 1-9-88; 9-19-91; 4-21-95; 11-29-97; 16.23.8.11 NMAC - Rn, 16 NMAC 23.8.11, 01-30-2003, A, 1-16-09]

 

16.23.8.12             RENEWAL DEADLINE FOR PRACTITIONER LICENSES ISSUED AFTER JUNE 1 OF THE RENEWAL YEAR:  Practitioners’ licenses issued after June 1 of the renewal (odd-numbered) year will not expire until September 30 of the renewal cycle following the current renewal cycle.

[11-29-97; 16.23.8.12 NMAC - Rn, 16 NMAC 23.8.12, 01-30-2003, A, 1-16-09]

 

16.23.8.13             LICENSE EXPIRATION:

                A.            Respiratory care licenses not renewed by the end of the renewal cycle will be expired and invalid.

                B.            Official notification of license expiration will be mailed to the last residential address on file with the Department.

[2-21-85; 6-10-87; 1-9-88; 9-19-91; 4-21-95; 11-29-97; 16.23.8.13 NMAC - Rn, 16 NMAC 23.8.13, 01-30-2003]

 

16.23.8.14             PRACTICE PROHIBITED:  A person continuing to practice without a valid license is in violation of Section 61-12B-4 of the Respiratory Care Act, and is guilty of a misdemeanor.  The Department will seek civil action against the violator in accordance with Section 61-12B-15.

[4-21-95; 11-29-97; 16.23.8.14 NMAC - Rn, 16 NMAC 23.8.14, 01-30-2003]

 

HISTORY OF 16.23.8 NMAC:

PRE-NMAC HISTORY:  The material in PART 8 was derived from regulations previously filed with the State Records Center and Archives Center 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 in rule numbers, Rule 91-5, “Renewal of Licenses,” filed 08-20-91, Rule 91-8, “Expiration/License Renewal,” filed 08-20-91, and Rule 5, “Renewal and Expiration of Practitioner Licenses,” filed 03-22-95.

 

HISTORY OF REPEALED MATERIAL:  [RESERVED]

 

Other History:  Rule 5, “Renewal and Expiration of Practitioner Licenses,” filed 03-22-95 was renumbered, reformatted and replaced into first version of the New Mexico Administrative Code as 16 NMAC 23.8, “Renewal and Expiration of Practitioner License”, filed 11-10-97.

16 NMAC 23.8, “Renewal and Expiration of Practitioner License”, filed on 11-10-97, was renumbered and reformatted to 16.23.8 NMAC, “Renewal and Expiration of Practitioner License”, effective 01-30-2003.