N.M. Admin. Code § 16.23.17.8 - DISCIPLINARY GUIDELINES
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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.