Section 3. Statutory Authority

These rules are promulgated pursuant to the following statutory authorities: 1) the New Mexico Department of Health Act, Subsection E of Section 9-7-6 NMSA 1978, which authorizes the secretary of the department of health to “make and adopt such reasonable and procedural rules and regulations as may be necessary to carry out the duties of the department and its divisions;” and; 2) the Emergency Medical Services Act, Subsection A of Section 24-10B-5 NMSA 1978, which authorizes the department to adopt and enforce licensure requirements by regulation, and Paragraph (3) of Subsection B of Section 24-10B-5 NMSA 1978, which authorizes the department to establish a schedule of reasonable fees for application, examination, licensure and regular renewal thereof. A. Administration: Administration and enforcement of these rules is the responsibility of the emergency medical systems bureau of the epidemiology and response division, department of health. B. Guidelines: In the absence of specific direction in the law or these rules as to the standard of practice, the current national standard for emergency cardiac care (ECC), the national highway traffic safety administration of the United States department of transportation standard curriculum, and the EMT code of ethics, as adopted in 1978 by the national association of emergency medical technicians, shall serve as guidelines. C. Other law and regulations: These rules are subject to the provisions of the department of health’s 7.1.3 NMAC, “health records.” D

e (ECC), the national highway traffic safety administration of the United States department of transportation standard curriculum, and the EMT code of ethics, as adopted in 1978 by the national association of emergency medical technicians, shall serve as guidelines. C. Other law and regulations: These rules are subject to the provisions of the department of health’s 7.1.3 NMAC, “health records.” D. Use of certain terms prohibited: The use of “licensed emergency medical dispatcher”, “licensed emergency medical dispatch instructor”, “licensed emergency medical services first responder”, “licensed emergency medical technician (EMT)-basic”, “licensed EMT-intermediate”, or “licensed EMT-paramedic”, or display of the “star of life” except as allowed in the United States department of transportation (US-DOT) trademark specifications, or similar terms or emblems connoting expertise in basic or advanced life support by any person not licensed hereunder is hereby prohibited. See Emergency Medical Services Act, Paragraph (1) of Subsection C of 24- 10B-5 NMSA 1978.