1. A. Respiratory care licenses not renewed by the end of the renewal year will be expired and invalid.
2. B. Official notification of license expiration may be sent via electronic mail to the last address on file with the department.

3. C. A person continuing to practice without a valid license is in violation of Section 61-12B-4 NMSA of the Respiratory Care Act and may be guilty of a misdemeanor. The department may seek civil action against the violator in accordance with Section 61-12B-15 NMSA 1978.

   HISTORY OF 16.23.3 NMAC:

   PRE-NMAC HISTORY: The material in PART 3 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 1/22/1985; HED-87-3 (HSD), “Regulations Governing the Respiratory Care Act,” filed 5/11/1987; 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 rule numbers, Rule 91-2, “Qualifications for Practitioner Licenses,” filed 8/20/1991 and Rule 2, “Qualification for Practitioner License,” filed 03/22/1995.

   HISTORY OF THE REPEALED MATERIAL:

   16.23.3 NMAC, “Qualifications for Practitioner License”, filed 12/30/2002 - Repealed effective 7/15/2017.

   16.23.3 NMAC, “Qualifications for Practitioner License”, filed 6/15/2019 - Repealed effective 4/21/2022.

   16.23.3 NMAC, Practitioner License Qualifications, Application, Renewal, and Expiration, filed 3/10/2022 - Repealed effective 6/27/2023.

   Other History: Rule 2, “Qualification for Practitioner License,” filed 3/22/1995 was renumbered, reformatted and replaced into first version of the New Mexico Administrative Code as 16 NMAC 23.3, “Qualifications for Practitioner License”, filed 11/10/1997.

   16 NMAC 23.3, “Qualifications for Practitioner License”, filed 11/10/1997, renumbered and reformatted to 16.23.3 NMAC, “Qualifications for Practitioner License”, effective 1/30/2003.

   16.23.3 NMAC, “Qualifications for Practitioner License”, (filed 12/30/2002) was replaced by 16.23.3 NMAC, “Qualifications for Practitioner License”, effective 7/15/2017.

   16.23.3 NMAC, “Qualifications for Practitioner License (filed 06/15/2019) was replaced by 16.23.3 NMAC, Practitioner License Qualifications, Application, Renewal, and Expiration, effective 4/21/2022.

   16.23.3 NMAC, Practitioner License Qualifications, Application, Renewal, and Expiration (filed 3/10/2022) was replaced by 16.23.3 NMAC, Practitioner License Qualifications, Application, Renewal, and Expiration, effective 6/27/2023.

[16.23.3.18 NMAC - Rp, 16.23.3.18 NMAC, 6/27/2023]