N.M. Admin. Code § 20.3.20.100

Current through Register Vol. 35, No. 17, September 10, 2024

Section 20.3.20.100 - LICENSE REQUIRED

A.Unlawful acts. It is unlawful for an individual, other than an individual licensed by the department, or who is exempt under the provisions of the act, to:

(1) use ionizing or non-ionizing radiation for diagnostic, interventional, or therapeutic purposes on humans;

(2) use any title, abbreviation, letters, figures, signs, or other devices to indicate the individual is a medical imaging or radiation therapy professional; or

(3) engage in any of the medical imaging or radiation therapy modalities or subspecialties.

B.Statutory exceptions. Pursuant to the act, a medical imaging license is not required for:

(1) a licensed practitioner;

(2) a student under the supervision of a licensed practitioner or under the direct supervision of a licensed medical imaging or radiation therapy professional licensed in the modality and subspecialty in which the student is performing the procedure;

(3) a health care practitioner licensed or certified by an independent board as defined by the act that has been approved by the board as provided in Subsection C of this section; or

(4) a registered nurse or certified nurse-midwife performing ultrasound procedures; provided that the registered nurse or certified nurse-midwife has documented demonstration of competency within the registered nurse's scope of practice in compliance with board of nursing rules or certified nurse-midwife's scope of practice in compliance with department of health rules. A registered nurse or certified nurse-midwife shall not perform diagnostic ultrasound examinations or ionizing procedures, including radiography, radiation therapy, nuclear medicine or a non-ionizing magnetic resonance procedure, unless licensed by the department as medical imaging professional or radiation therapist professional. A registered nurse or a certified nurse-midwife may perform ultrasound procedures limited to a focused imaging target. A focused imaging target includes, but is not limited to:

(a) identification of an anatomical landmark or blood vessel;

(b) assessment of presence or absence of fluid in a body cavity;

(c) assessment of fetal presentation or heartbeat; or

(d) assessment of foreign body position or location.

C. An independent board or state regulatory body may submit an application for approval of their medical imaging certification and examination program to the MIRTAC for review.

(1) The MIRTAC shall consider whether the medical imaging and certification examination program adequately ensures the appropriate education, training, and clinical experience while ensuring patient health and safety and shall make a written recommendation to the board.

(2) The board may approve or deny an application based on whether or not it finds adequate evidence that the certification and examination program ensures appropriate education, training, and clinical experience while ensuring health and patient safety.

(3) The independent board or state regulatory body shall reapply to the board for re-approval if substantive changes to the certification and examination program are made subsequent to the board's approval.

D. Temporary exemption. The department may temporarily exempt applicants from licensure requirements upon determining that:

(1) the experience or training of the applicant is such that no apparent danger to the public exists;

(2) the people in the area of the state to be served by the applicant would otherwise be denied adequate medical care because of the unavailability of a medical imaging or radiation therapy professional; and

(3) each application for temporary exemption shall be supported by:

(a) an application for temporary exemption;

(b) an application fee; and

(c) written evidence to support the applicant's compliance with Paragraph (1) and (2) of this subsection.

E. Temporary exemption term. A temporary exemption approved by the board shall be for a limited period of time, not to exceed one year. A temporary exemption may be renewed if the circumstances have not changed and if deemed warranted by the department.

F. Temporary exemption application denial. The board, with the advice of the MIRTAC, shall resolve appeals of a denial of an application for temporary exemption pursuant to 20.3.20.600 NMAC. When making a determination of existence of community hardship, the board will:

(1) consult health agencies;

(2) evaluate availability of alternative medical imaging or radiation therapy services and licensed medical imaging or radiation therapy professionals; and

(3) evaluate documentation from the applicant's employer or prospective employer to demonstrate that recruitment of qualified individuals, at competitive compensation, has been attempted and was unsuccessful. Such demonstration may take the form of:

(a) documented advertising in publications pertaining to medical imaging professionals;

(b) registration of the position with the New Mexico department of workforce solutions or similar state agency; or

(c) documentation of current and past contracting with medical imaging or radiation therapy job placement companies.

N.M. Admin. Code § 20.3.20.100

Adopted by New Mexico Register, Volume XXIX, Issue 18, September 25, 2018, eff. 9/25/2018