New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 23 - RESPIRATORY CARE PRACTITIONERS
Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS
Section 16.23.17.8 - DISCIPLINARY GUIDELINES

Universal Citation: 16 NM Admin Code 16.23.17.8

Current through Register Vol. 35, No. 18, September 24, 2024

The superintendent of the department may refuse to issue or may suspend or revoke any permit or license for any cause listed below:

A. Making fraudulent representations to any respiratory care licensing board in any jurisdiction in the procurement of an initial or a renewal temporary permit or practitioner's license.

B. Having had a temporary permit or practitioner's license denied, suspended or revoked by a respiratory care licensing board in another licensing jurisdiction for any cause listed in this rule. However, the disciplinary action imposed by the department shall not exceed the length of time or severity of the action imposed by the other licensing jurisdiction.

C. Having been convicted of a crime, which substantially relates to the qualifications, functions or duties of a respiratory care practitioner. The record of conviction or the certified copy of the record of conviction shall be conclusive evidence of the conviction.

D. Engaging in the habitual or excessive use of alcohol or controlled substances.

E. Using or being under the influence of alcohol, controlled substances, or drugs that impair judgment, while on duty in any facility of employment.

F. Obtaining, possessing, administering, or using any narcotic or controlled substance in violation of any federal or state criminal law.

G. Being responsible for gross negligence in the performance and delivery of health care while engaged in the practice of respiratory care.

H. Violating any provision of the Respiratory Care Act or the rules and regulations governing respiratory care adoptedby the department, or aiding or abetting any other person in violating these laws.

I. Engaging in acts of unprofessional conduct such as, but not limited to, the following:

(1) Failing to maintain minimum acceptable and prevailing standards of respiratory care practice.

(2) Performing procedures and functions beyond which the respondent is individually competent to perform or which are outside the scope of accepted and responsible practice of respiratory care.

(3) Failing to respect and protect the legal and personal rights of the patient, including the right to informed consent and refusal of treatment.

(4) Intentionally or negligently causing physical or emotional injury to a patient.

(5) Assaulting or committing battery on a patient.

(6) Abandoning or neglecting a patient requiring immediate respiratory care without making reasonable arrangements for continuation of such care.

(7) Failing to maintain for each patient a record which accurately reflects the respiratory care treatment of the patient.

(8) Failing to take appropriate action to safeguard the patient's welfare or to follow policies and procedures established by the respiratory care practitioner's employer.

(9) Divulging confidential information regarding any patient or family unless disclosure is required for responsible performance of duty, or as required by law.

(10) Failing or refusing to provide health care to a patient for reasons of discrimination.

(11) Failing to protect the health, safety, and welfare of the patient by abiding by and practicing established policies of disease prevention.

(12) Failing to take appropriate action in the health care setting to protect a patient whose safety or welfare is at risk from incompetent health care practice including, but not limited, to reporting such practice to employment and licensing authorities.

(13) As a supervisor, failing to supervise persons under one's direction or assigning the performance of functions governed by the Respiratory Care Act to persons who are untrained and unqualified to perform those functions.

(14) Removing narcotics, drugs, supplies, or equipment from any health care facility or other work place location without authorization.

J. Committing any fraudulent, dishonest, or unscrupulous act which substantially relates to the qualifications, functions, or duties of a respiratory care practitioner. Such acts shall include, but not be limited to:

(1) Engaging in fraud, misrepresentation, or deceit in writing the national licensing exam.

(2) Impersonating an examination candidate in order to write a certification or licensing examination for him or her.

(3) Impersonating another licensed practitioner.

(4) Practicing respiratory care without a current license.

(5) Permitting or allowing another person to use his or her license for any purpose.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.