N.M. Admin. Code § 20.3.20.600
Current through Register Vol. 35, No. 21, November 5, 2024
Section 20.3.20.600 - DENIAL, REVOCATION, OR SUSPENSION OF LICENSEA.Denial of application. The department may not issue a license to an applicant who has failed to meet the requirements of the act or this part.B.Suspension, revocation, application of uniform licensing act. The board, with advice from the advisory council, may deny, revoke, or suspend a license granted or applied for under the act and this part, pursuant to the procedures established in the Uniform Licensing Act Section 61-1-1 through 61-1-34 NMSA 1978, upon grounds that the medical imaging or radiation therapy licensee or applicant (1) is guilty of fraud or deceit in procuring or attempting to procure any type of license or service from the department;(2) has been convicted of a felony subsequent to licensure;(3) is unfit or incompetent;(4) is habitually intemperate or is addicted to the use of habit-forming drugs;(5) is mentally incompetent;(6) has aided and abetted an individual who is not a licensee in engaging in the activities of a licensee;(7) has failed to maintain a credential or certification in the modality and subspecialty for which a license was granted;(8) has engaged in any practice beyond the licensee's scope of practice in violation of state or federal law or facility policy;(9) is guilty of unprofessional conduct or unethical conduct as defined in Subsection C of this section;(10) has interpreted a diagnostic imaging exam for a patient, a patient's family, or the public;(11) has willfully or repeatedly violated any provisions of the act or this part;(12) has failed to notify the department in writing within 30 days of any final disciplinary action by a licensing board or credentialing organization, including but not limited to sanction, probation, suspension, or revocation; or(13) is not in compliance with the terms of the New Mexico Parental Responsibility Act, Section 40-5A-1 to 40-5A-13 NMSA 1978; in taking action under this provision, the board shall follow the procedures in 20.1.7 NMAC named "Parental Responsibility Act Compliance." C.Unprofessional or unethical conduct. With respect to the grounds for denial, revocation, or suspension under Section 61-14E-11 NMSA 1978, the terms "unprofessional conduct" or "unethical conduct" shall refer to, but shall not be limited to any licensee, applicant, medical imaging professional, or radiation therapist who: (1) is engaged in the practice of medical imaging or radiation therapy while in an intoxicated condition or under the influence of a narcotic or other drug that impairs consciousness, judgment, or behavior;(2) is engaged in unethical conduct while practicing medical imaging or radiation therapy;(3) has engaged in the willful falsification of records, or destruction or theft of property or records relating to the practice of medical imaging or radiation therapy;(4) fails to exercise due regard for the safety of life or health of the patient;(5) has unauthorized access to or disclosure of information relating to a patient's records;(6) discriminates against any individual because of race, religion, creed, color, national origin, sex, or sex while practicing medical imaging or radiation therapy;(7) has been convicted of a felony subsequent to licensure by the department;(8) impersonates a current or former licensee or engages in the activities of medical imaging or radiation therapy under an assumed name;(9) is applying ionizing or non-ionizing radiation to a human being without a specific prescription or direction of a licensed practitioner or other health care practitioner authorized to order a medical imaging or radiation therapy;(10) is incompetent or negligent in activities related to medical imaging, radiation therapy, or limited practice of radiography;(11) is continuing to practice without obtaining a license or renewal as required by the act or this part;(12) is using the prefix "Dr", unless entitled to do so pursuant to a degree granted, the word "doctor", or any suffix or affix to indicate or imply that the individual is a licensed practitioner when not so licensed;(13) is providing false, misleading, or deceptive information on any application or supporting documents submitted to the department;(14) is failing to conform to nationally recognized practice standards as applicable to each modality or subspecialty;(15) fails to disclose in writing to the department any felony conviction or non-compliance with the New Mexico Parental Responsibility Act, Section 40-5A-1 to 40-5A-13 NMSA 1978, within 30 days of the conviction or judgment; or(16) fails to disclose in writing to the department any sanction, probation, suspension, or revocation by a state agency or credentialing organization within 30 days of such occurrence.D. Opportunity for licensee or applicant to have a hearing. Any licensee or applicant whose license or license application is denied, revoked, or suspended under this part shall be afforded notice and an opportunity to be heard pursuant to the procedures established in the Uniform Licensing Act, Sections 61-1-1 to -34 NMSA 1978, the Medical Imaging and Radiation Therapy Health and Safety Act, Section 61-14E-11 NMSA 1978, and the adjudicatory procedures for the environmental improvement board in 20.1.2 NMAC.E. Application of uniform licensing act. The department shall comply with the provisions of the Uniform Licensing Act, Section 61-1-1 to 61-1-34 NMSA 1978, and any rules or regulations promulgated thereunder.N.M. Admin. Code § 20.3.20.600
20.3.20.600 NMAC - Rp, 20 NMAC 3.2.VI.600 - VI.604, 8/31/2005, Adopted by New Mexico Register, Volume XXIX, Issue 18, September 25, 2018, eff. 9/25/2018