N.M. Admin. Code § 16.23.12.17 - EXTENUATING CIRCUMSTANCES - DEFERRAL OR WAIVER OF CONTINUING EDUCATION REQUIREMENT
A.
Licensees generally have 24 months to complete the continuing education
requirement for renewal, which is sufficient time to meet the continuing
education requirement.
B. In the
event a licensee experiences an extenuating circumstance such as a prolonged
debilitating personal illness; or a prolonged debilitating illness of an
immediate family member; or being mobilized to active duty by the national
guard or other branch of service in the United States armed forces, which makes
it impossible to meet the continuing education requirement for license renewal,
the individual may request an emergency deferral or a waiver of the continuing
education requirement by submitting one of the following items to the board
before the license expiration date.
(1) A
written request for deferral or waiver explaining the circumstances that made
it impossible for the licensee to meet the requirement in the 24 months prior
to the expiration date of the license.
(2) Documentation accompanying the request
for deferral or waiver that verifies the extenuating circumstances, such as a
signed affidavit from a physician or medical provider, or a copy of the
mobilization orders from the branch of government calling the person to active
duty; etc.
C. A licensee
mobilized for active military duty, but who is still in training when the
license renewal comes due, is required to renew his/her license and meet the
continuing education requirements, but the license renewal fee will not be
assessed.
D. A licensee mobilized
into active military duty, and who is in military action at the time the
license renewal comes due, is not required to renew his/her license or meet the
continuing education requirements. However, upon return to civilian status, the
licensee shall renew the license without having to pay the renewal or late
penalty fee.
E. The license of a
respiratory therapist who does not earn the required continuing education for
renewal due to his/her call to active military duty will not lapse for failure
to earn continuing education hours provided the licensee submits a copy of the
mobilization orders to the department prior to the expiration of the
license.
F. The license renewal
extension authorized by this regulation shall end one month after deployment is
concluded.
G. Upon return to
civilian status, the licensee shall resume earning continuing education
prorated as follows after the deployment ends.
(1) If the deployment ends in October of the
odd-numbered year through March of the even-numbered year, the licensee will
accrue 20 hours of continuing education for the next renewal cycle.
(2) If the deployment ends in April of the
even-numbered year through September of the even-numbered year, the licensee
will accrue 15 hours of continuing education for the next renewal
cycle.
(3) If the deployment ends
in October of the even-numbered year through March of the odd-numbered year,
the licensee will accrue 10 hours of continuing education for the next renewal
cycle.
(4) If the deployment ends
in April of the odd-numbered year through July of the odd-numbered year, the
licensee will accrue zero hours of continuing education for the year's renewal
cycle.
Notes
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