1. A. The department, in consultation with the board, shall:

   1. (1) evaluate the qualifications of applicants and review the required examination results of applicants. The department may recognize the entry level examination written by the national board for respiratory care or a successor board;
   2. (2) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to implement the provisions of the Respiratory Care Act;
   3. (3) issue and renew licenses and temporary permits to qualified applicants who meet the requirements of the Respiratory Care Act; and
   4. (4) administer, coordinate and enforce the provisions of the Respiratory Care Act and investigate persons engaging in practices that may violate the provisions of that act in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978].

2. B. The department, in consultation with the board, may:

   1. (1) conduct examinations of respiratory care practitioner applicants as required by rules of the department;
   2. (2) reprimand, fine, deny, suspend or revoke a license or temporary permit to practice respiratory care as provided in the Respiratory Care Act in accordance with the provisions of the Uniform Licensing Act;
   3. (3) for the purpose of investigating complaints against applicants and licensees, issue investigative subpoenas prior to the issuance of a notice of contemplated action as set forth in the Uniform Licensing Act;
   4. (4) enforce and administer the provisions of the Impaired Health Care Provider Act [Chapter 61, Article 7 NMSA 1978] and promulgate rules to implement the provisions of that act as it relates to respiratory care practitioners;
   5. (5) promulgate rules, including disciplinary guidelines, relating to impaired practitioners;
   6. (6) promulgate rules to allow the interstate transport of patients; and
   7. (7) promulgate rules to determine and regulate the scope and qualifications for expanded practice for respiratory care practitioners.

History: Laws 1984, ch. 103, § 6; 1993, ch. 150, § 3; 2001, ch. 188, § 7; 2022, ch. 39, § 48.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-12B-16 NMSA 1978.

The 2022 amendment, effective May 18, 2022, clarified that the advisory board of respiratory care practitioners is required to follow the provisions of the State Rules Act when promulgating rules and is required to follow the provisions of the Uniform Licensing Act for disciplinary matters; in Subsection A, Paragraph A(2), after "promulgate rules", deleted "as may be necessary" and added "in accordance with the State Rules Act", and in Paragraph A(4), after "the provisions of that act", added "in accordance with the Uniform Licensing Act"; and in Subsection B, Paragraph B(4), after "promulgate rules", deleted "pursuant to" and added "to implement provisions of", and after "that act", added "as it relates to respiratory care practitioners".

The 2001 amendment, effective June 15, 2001, rewrote Paragraph A(2) which formerly read "collect and review data and statistics with respect to respiratory care, treatment, services or facilities for the purpose of granting, suspending or revoking respiratory care licenses"; in Paragraph A(3) inserted "and renew" following "issue" and "qualified" preceding "applicants"; deleted Paragraph A(5) which read "adopt rules and regulations to allow the interstate transport of patients"; in Paragraph B(1), deleted "any required" following "conduct" and inserted "as required by rules of the department"; inserted "reprimand, fine" in Paragraph B(2); and added Paragraphs B(3) to (7).

The 1993 amendment, effective June 18, 1993, in Subsection A, added Paragraph (5) and made minor stylistic changes.