2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 12B - Respiratory Care
Section 61-12B-4 - License required; exceptions. (Repealed effective July 1, 2028.)
A. No person shall practice respiratory care or represent himself to be a respiratory care practitioner unless he is licensed pursuant to the provisions of the Respiratory Care Act, except as otherwise provided by that act.
B. A respiratory care practitioner may transcribe and implement the written or verbal orders of a physician or other person authorized by law to prescribe pertaining to the practice of respiratory care and respiratory care protocols.
C. Nothing in the Respiratory Care Act is intended to limit, preclude or otherwise interfere with:
(1) the practices of other persons and health providers licensed by appropriate agencies of New Mexico;
(2) self-care by a patient;
(3) gratuitous care by a friend or family member who does not represent or hold himself out to be a respiratory care practitioner; or
(4) respiratory care services rendered in case of an emergency.
D. An individual who has demonstrated competency in one or more areas covered by the Respiratory Care Act may perform those functions that he is qualified by examination to perform; provided that the examining body or testing entity is recognized nationally for expertise in evaluating the competency of persons performing those functions covered by that act or department rules. The department shall establish by rule those certifying agencies and testing entities that are acceptable to the department.
E. The Respiratory Care Act does not prohibit qualified clinical laboratory personnel who work in facilities licensed pursuant to the provisions of the federal Clinical Laboratories Improvement Act of 1967, as amended, or accredited by the college of American pathologists or the joint commission on accreditation of healthcare organizations from performing recognized functions and duties of medical laboratory personnel for which they are appropriately trained and certified.
History: Laws 1984, ch. 103, § 4; 1987, ch. 55, § 1; 1993, ch. 150, § 2; 2001, ch. 188, § 5.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-12B-16 NMSA 1978.
Cross references. — For the Parental Responsibility Act, see 40-5A-1 NMSA 1978 et seq.
For the federal Clinical Laboratories Improvement Act of 1967, see 42 U.S.C.S. § 263a.
The 2001 amendment, effective June 15, 2001, added Subsection B and redesignated the remaining subsections accordingly; in Subsection C, added the paragraph designations (1) to (4); inserted "rendered" in Paragraph (4); in present Subsection D, substituted language beginning "provided that the examining body" for "so long as the testing body offering the examination is certified by the national commission for health certifying agencies"; and in present Subsection E, substituted "pursuant to the provisions of" for "by" and "healthcare organizations" for "hospitals".
The 1993 amendment, effective June 18, 1993, in Subsection D, inserted "as amended" following "Act of 1967" and substituted "commission on accreditation" for "commission for accreditation".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers, §§ 26 to 29, 31 to 33, 51 to 61, 63 to 65, 67, 68, 74 to 120, 125.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 6, 7, 11 to 13, 19 to 28, 35 to 52.
