1. A. Licensees generally have 24 months to complete the continuing education requirement for renewal, which is sufficient time to meet the continuing education requirement.

2. 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. (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. (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.
3. 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.
4. 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.
5. 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.
6. F. The license renewal extension authorized by this regulation shall end one month after deployment is concluded.

7. G. Upon return to civilian status, the licensee shall resume earning continuing education prorated as follows after the deployment ends.

   1. (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. (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. (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. (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.

      HISTORY OF 16.23.12 NMAC:

      Pre-NMAC History: The material in Part 12 was derived from regulations previously filed with the state records center and archives by former department name health and environment department, rule numbers, HED-85-1 (HSD), “Regulations Governing the Respiratory Care Act,” filed 01/22/1985; HED-87-3 (HSD), “Regulations Governing the Respiratory Care Act,” filed 05/11/1987; by department name regulation & licensing department, former division name, boards & commissions division rule number BCD 87-3, “Regulations Governing the Respiratory Care Act,” filed 12/10/1987; and by department name regulation and licensing department, respiratory care advisory board in rule numbers, Rule 91-5, “Renewal of Licenses,” filed 08/20/1991; Rule 91-8, “Expiration/License Renewal,” filed 08/20/1991; Rule 91-6, “Continuing Education”, filed on 08/20/1991; and Rule 6, “Continuing Education,” filed on 03/22/1995.

      History of Repealed Material:

      16.23.12 NMAC, “Continuing Education”, filed 12/30/2002 - Repealed effective 7/15/2017.

      16.23.12 NMAC, “Continuing Education” filed 6/15/2017 - Repealed effective 04/21/2022.

      Other History: Rule 6, “Continuing Education,” (filed 03/22/1995) was renumbered, reformatted and replaced into first version of New Mexico Administrative Code as 16 NMAC 23.12, “Continuing Education”, effective 11/29/1997.

      16 NMAC 23.12, “Continuing Education” (filed 11/10/1997), renumbered and reformatted to 16.23.12 NMAC, “Continuing Education” effective 01/30/2003.

      16.23.12 NMAC, “Continuing Education”, (filed 12/30/2002) was replaced by 16.23.12 NMAC, “Continuing Education”, effective 7/15/2017.

      16.23.12 NMAC, “Continuing Education” (filed 06/15/2017) was replaced by 16.23.12 NMAC, “Continuing Education”, effective 04/21/2022.

[16.23.12.17 NMAC - Rp, 16.23.12.17 NMAC, 04/21/2022]