| The New Mexico Advisory Board of Respiratory Care Practitioners will hold a rule hearing on Friday, December 12, 2025, at 2:00 p.m. Immediately following the rule hearing, the Board will convene a regular board meeting to consider adoption of rules and take care of regular business. The rule hearing and board meeting will be held at the Regulation and Licensing Department, located at 5500 San Antonio Dr. NE, Albuquerque, NM in the Sandia Conference Room.
The hearing and subsequent board meeting may also be accessed virtually via Microsoft Teams.
Meeting ID: 295 586 804 519
Passcode: zk7u7Co6
Dial in by phone:
1-505-312-4308 United States, Albuquerque
Phone conference ID: 158 032 18#
The purpose of the rule hearing is to consider the initiation of rulemaking, receive input and public comment for proposed amendments to the following rules:
Rule 16.23.2 NMAC, Fees
Rule 16.23.12 NMAC, Continuing Education
To obtain and review copies of the proposed changes you may go to the Board’s website or contact the Boards and Commissions Division at (505) 476-4622.
The New Mexico Advisory Board of Respiratory Care Practitioners and the Regulation and Licensing Department will begin accepting public regarding the proposed rule changes beginning Monday, November 10, 2025 and ending Friday, December 12, 2025, at 2:00 p.m. Written comments may be submitted either by email to respiratorycarebd@rld.nm.gov, or by postal mail to:
New Mexico Regulation and Licensing Department,
Attn: New Mexico Advisory Board of Respiratory Care Practitioners
P.O. Box 25101, Santa Fe, NM 87504.
Written comments received during the public comment period (November 10, 2025 – December 12, 2025) will be posted to the website page linked above. Public comment will also be accepted during the rule hearing and may be submitted in writing or presented orally by those attending in-person. The members of the New Mexico Advisory Board of Respiratory Care Practitioners will not engage in substantive discussion of public comments during the rule hearing but will consider all public comments during the regular board meeting immediately following the conclusion of the rule hearing.
The agenda for the New Mexico Advisory Board of Respiratory Care Practitioners regular meeting which will begin immediately after the public rule hearing, will be posted and available at least 72 hours before the meeting on the Board website. Copies of the agenda may also be obtained by contacting the Team Manager, Richard Espinoza at respiratorycarebd@rld.nm.gov
An individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or other form of auxiliary aid or service to attend or participate in the hearing, please contact Richard Espinoza at (505) 476-4622 at least 7 days prior to the rules hearing and regular board meeting. Public documents, including the proposed rules, meeting agenda and minutes, can be provided in various accessible formats.
Statutory Authority: The proposed rule changes are authorized by the Respiratory Care Act, §§ 61-12B-1 through -17, NMSA 1978. which provides explicit authority for the board to promulgate rules to protect public health and safety and carry out the provisions of the Act. The rulemaking and public rule hearing is governed by the State Rules Act, §§ 14-4-1 through 14-4-11 NMSA 1978, and the Default Procedural Rule for Rulemaking promulgated by the New Mexico Department of Justice, Parts 1.24.25.1 through 1.24.25.16 NMAC.
Purpose of the Proposed Rules: The proposed rule changes are intended to amend the rules to provide for additional administrative fees and revise the continuing education audit requirements. More generally, the proposed rules are intended to provide greater clarity in existing regulatory and statutory requirements, ensure continued high levels of professionalism among licensees and certificate holders, and to generally satisfy the Advisory Board of Respiratory Care Practitioners’ statutory obligation to promote, preserve and protect public health, safety and welfare.
Summary of Proposed Changes:
Rule 16.23.2 NMAC, Fees – Changes to this rule will allow for a thirty-five-dollar ($35) fee for returned checks and e-checks, and a ten dollar ($10) administrative fee for electronic processing for initial applications and for renewals per year to fund the ongoing maintenance and licensing of the NM-Plus system.
Rule 16.23.12 NMAC, Continuing Education – Changes to this rule will provide clarity on the audit of continuing education requirements and allow the board to impose disciplinary action on a licensee who is not compliant with the continuing education requirement.
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