Subsequent to formal proceedings under the Impaired Health Care Provider Act and the Uniform Licensing Act, any temporary permittee or licensed practitioner who is prohibited from practicing respiratory care may, after a year from the date of suspension or revocation of the temporary permit or practitioner’s license, petition the department for reinstatement or restoration of his or her temporary permit or license to practice, or for modification of the final disciplinary orders.

1. A. The application for reinstatement or restoration of the temporary permit or practitioner’s license, or for the modification of the disciplinary orders shall be made in writing to the department by the temporary permittee or licensed practitioner.

2. B. The temporary permittee or licensed practitioner shall be afforded an opportunity to demonstrate that he or she can resume the practice of respiratory care with reasonable skill, competence, and safety to patients and shall be required to provide verifiable proof of compliance with any stipulations in the disciplinary order.

   1. (1) The department may require an examination by the examining committee for such reinstatement, restoration, or modification of the temporary permit or practitioner’s license.
   2. (2) The department may require verification that the temporary permittee or licensed practitioner has completed a treatment program for alcohol or chemical dependency.
   3. (3) The department may require verifiable proof that the temporary permittee or licensed practitioner has remained abstinent from alcohol or chemical dependence, except for drugs prescribed by a licensed physician for a legitimate medical condition, for a minimum of at least one year.
   4. (4) The department may require verifiable proof that the temporary permittee or licensed practitioner has maintained active and uninterrupted participation in a program of aftercare which provides for periodic monitoring and supervision by appropriately trained personnel, and which includes random and unannounced drug and alcohol screening of urine or blood.

   5. (5) The department shall have the discretion to accept or reject the petition for reinstatement or restoration of the temporary permit or practitioner’s license, or for modification of the disciplinary orders.

      HISTORY OF 16.23.18 NMAC:

      PRE-NMAC HISTORY: None

      HISTORY OF REPEALED MATERIAL:

      16.23.18 NMAC, “Disciplinary Guidelines for Impaired Practitioner” filed 12/30/2002 repealed 04/21/2022.

      Other History: 16 NMAC 23.18, “Disciplinary Guidelines for Impaired Practitioner”, filed 11/10/1997 renumbered and reformatted to 16.23.18 NMAC, “Disciplinary Guidelines for Impaired Practitioner”, effective 1/30/2003

      16.23.18 NMAC, “Disciplinary Guidelines for Impaired Practitioner” filed 12/30/2002 was replaced by 16.23.18 NMAC, “Disciplinary Guidelines for Impaired Practitioner” effective 04/21/2022.

[16.23.18.24 NMAC - Rp, 16.23.18.24 NMAC, 04/21/2022]