In accordance with the provisions contained within the Uniform Licensing Act, the department may take disciplinary action as provided in Section 61-1-3.2, NMSA 1978, if the department, in consultation with the board, determines that the respondent has violated the Respiratory Care Act or the department’s rules and regulations governing respiratory care by practicing respiratory care in New Mexico without a valid New Mexico license.

1. A. The department, in consultation with the board, may impose a civil penalty in an amount not to exceed one thousand dollars ($1,000) against a person who, without a license, engages in the practice of respiratory care.
2. B. The department, in consultation with the board, may impose a civil penalty in an amount not to exceed one thousand dollars ($1,000) against a company or other business entity that requires an unlicensed person to engage in the practice of respiratory care without a license. The penalty shall be imposed in the amount of one thousand dollars ($1,000) for each individual that the company or business entity employs and who is performing respiratory care scope of practice procedures or protocols without benefit of a valid New Mexico respiratory care license or permit.

3. C. In addition, the department, in consultation with the board may assess the person, company, or other business entity for administrative costs, including investigative costs and the cost of conducting a hearing.

   HISTORY OF 16.23.17 NMAC:

   PRE-NMAC HISTORY: None

   HISTORY OF REPEALED MATERIAL:

   16.23.17 NMAC, “Grounds for Disciplinary Action”, filed 12/30/2002 - Repealed effective 04/21/2022.

   Other History: 16 NMAC 23.17, “Grounds for Disciplinary Action”, filed 11/10/1997, renumbered and reformatted to 16.23.17 NMAC, “Grounds for Disciplinary Action”, effective 1/30/2003.

   16.23.17 NMAC, “Grounds for Disciplinary Action”, filed 12/30/2022 was replaced by 16.23.17 NMAC, “Grounds for Disciplinary Action”, was replaced by 16.23.17 NMAC, “Grounds for Disciplinary Action and Disciplinary Proceedings”, effective 04/21/2022.

[16.23.17.19 NMAC - Rp, 16.23.17.19 NMAC, 04/21/2022]