New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 23 - RESPIRATORY CARE PRACTITIONERS
Part 1 - GENERAL PROVISIONS
Section 16.23.1.7 - DEFINITIONS
Universal Citation: 16 NM Admin Code 16.23.1.7
Current through Register Vol. 35, No. 18, September 24, 2024
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.
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.
(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]
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