New Mexico Register / Volume XXXVI,
Issue 23 / December 9, 2025
This is an amendment to
16.26.7 NMAC, Section 8, effective 12/9/2025.
16.26.7.8 DISCIPLINARY GROUNDS AND DENIAL OF
LICENSURE: In accordance with the provisions
of the Uniform Licensing Act, the board may take disciplinary action if the
board determines that the applicant or licensee has violated the
Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act or
the board’s rules. The following may
subject the applicant or licensee to disciplinary action by the board.
A. Engaging in unprofessional conduct: Unprofessional conduct includes, but is not
limited to, the following:
(1) violations of the principles of ethics
or the ethical proscriptions as set forth in board regulations concerning its
Code of Ethics (16.26.9 NMAC);
(2) for an audiologist or dispensing
otorhinolaryngologist to accept a case referred from a hearing aid dispenser
and not return the case to the referring professional unless the person seeking
the hearing aid refuses to return to the referring professional or if the
professional determines, using his best professional judgement, the return of
the case would not be in the person's best medical or audiological interest.
B. Engaging in acts that constitute incompetence: Incompetence includes, but is not limited to,
the following:
(1) failure to possess the knowledge,
apply the skill or provide the care required by generally accepted standards of
the professions of speech-language pathology, audiology or hearing aid
dispensing; or
(2) violation of the principles of ethics
II or the ethical proscriptions thereunder as set forth in board regulations
relating to professional competence (Subsections D and E of 16.26.9.8 NMAC);
(3) a finding of incompetence may be based
upon a single act or omission of competence or upon a course of conduct or
series of acts or omissions which extend over a period of time and which, taken
as a whole, demonstrate incompetence.
C. Aiding or abetting the practice by a person not licensed
by the board. Aiding or abetting the
practice of speech language pathology by a person not licensed by the board
includes, but is not limited to, the following:
(1) A licensee shall not authorize or
otherwise permit a speech language paraprofessional or assistant working under
his or her supervision to diagnose, conduct diagnostic testing, interpret
diagnostic testing, develop a plan of care or deviate from a plan of care.
(2) A licensee shall ensure that a speech
language paraprofessional or assistant working under his or her supervision
follows the plan of care.
(3) A licensee shall not authorize or
otherwise permit an apprentice in speech-language pathology working under his
or her supervision to conduct any of the duties set forth in Subsection E of
16.26.2.18 NMAC of the boards rules and shall ensure that the apprentice only
engages in those duties authorized in Subsection D of 16.26.2.18 NMAC of the
boards rules.
D. Failing to deliver to any person supplied with a hearing
aid a receipt which contains the following information:
(1) licensee's license number and
signature;
(2) the sponsor's/supervisor's signature
approving of the fitting if the seller is a clinical fellow, graduate student
or trainee;
(3) address of the licensee's regular
place of business;
(4) make and model of the hearing aid;
(5) full financial terms of the sale;
(6) statement as to whether the hearing
aid is new, used or reconditioned;
(7) statement that the purchaser was
advised that the licensee was not a licensed physician and that the examination
and recommendation was made as a hearing aid dispenser, audiologist, clinical
fellow, trainee or graduate student and not as a medical diagnosis or
prescription;
(8) terms of guarantee, if any.
(9) Hearing
aid options that can provide a direct connection between the hearing aid and
assistive listening systems.
E. Failure of a licensee to furnish the board within 10
business days of request, its investigators or representatives with information
requested by the board.
F. Failure to appear before the board when requested by the
board in any disciplinary proceeding.
G. [(1) failure]
Failure to be in compliance with
the Parental Responsibility Act Section 40-5A-3 NMSA 1978 et seq.
H. [(2) fraudulent] Fraudulent
record keeping.
I. [(3) failure] Failure
to comply with Continuing Education Audit. If all continuing education
requirements are not met by the expiration date of the license or granted
extension date, the licensee shall be subject to disciplinary action.
[G.] J. Convictions for any of the following
offenses, or their equivalents in any other jurisdiction, are disqualifying
criminal convictions that may disqualify an applicant from receiving or
retaining a license issued by the board:
(1) homicide
or manslaughter;
(2) trafficking,
or trafficking in controlled substances;
(3) human
trafficking, kidnapping, false imprisonment, use of force or threats of force
against school employees or healthcare workers, arson, aggravated assault or
aggravated battery;
(4) rape,
criminal sexual penetration, criminal sexual contact, incest, indecent
exposure, failure to register as a sex offender, or other related felony sexual
offenses;
(5) crimes
involving adult abuse, neglect or financial exploitation;
(6) crimes
involving child abuse or neglect;
(7) crimes
involving robbery, larceny, extortion, burglary, bribery, fraud, tax fraud or
evasion, forgery, embezzlement, credit
card fraud, misuse of public funds or benefits, making false statements,
offering or soliciting an illegal kickback or government action, tampering with
public records, perjury;
(8) escape
from a custody or possession of deadly weapons in custody;
(9) practicing
healthcare without a license;
(10) an
attempt, solicitation, or conspiracy involving any of the felonies in this
subsection.
[H.] K. The board shall not consider the fact of
a criminal conviction as part of an application for licensure unless the conviction
in question is one of the disqualifying criminal convictions listed in [Subsection
G] Subsection J of this
rule.
[I.] L. The board shall not deny, suspend or revoke
a license on the sole basis of a criminal conviction unless the conviction in
question is one of the disqualifying criminal convictions listed in [Subsection
G] Subsection J of this
rule.
[J.]
M. Nothing in this rule
prevents the board from denying an application or disciplining a licensee on
the basis of an individual’s conduct to the extent that such conduct violated
the Speech-Language Pathology, Audiology, and Hearing Aid Dispensing Practices
Act, regardless of whether the individual was convicted of a crime for such
conduct or whether the crime for which the individual was convicted is listed
as one of the disqualifying criminal convictions listed in [Subsection A] Subsection J of this rule.
[K.]
N. In connection with
an application for licensure, the board shall not use, distribute, disseminate,
or admit into evidence at an adjudicatory proceeding criminal records of any of
the following:
(1) an arrest not followed by a valid
conviction;
(2) a conviction that has been sealed,
dismissed, expunged or pardoned;
(3) a juvenile adjudication; or
(4) a conviction for any crime other than
the disqualifying criminal convictions listed in [Subsection A] Subsection J of this rule.
[11/7/98, 11/27/99,
12/5/99; 16.26.7.8 NMAC - Rn & A, 16 NMAC 26.7.8, 2/3/06; A, 11/28/2017; A,
2/10/2022; A, 7/15/2025; A, 12/9/2025]