Frequently Asked Questions: New Mexico Sonographer Licensure Law

·         I live in New Mexico – how do I apply for license? 

We don’t know at this time. Now that the licensure bill has been signed, the state agency must now draft and adopt administrative rules to implement the new law (after appropriate public hearings and comment periods). Technically, the law becomes effective on June 19 but it cannot be enforced until the administrative rules are adopted. Watch for updates in our monthly member email newsletter, SDMS Sound News.

·         Will I have to take another state exam?

No. Under the New Mexico law, the state agency is required to recognize national credentials and cannot create its own examination for sonography. The law is silent on the issue of whether you need a credential in each specialty where you practice, however, if you do not have a credential in a specialty area that you work, it would be advisable to have a credential in each specialty area practiced. This issue will probably be addressed more fully in the administrative rules.

·         I live in another state – how does this affect me?

It does not affect you directly unless you plan to work in New Mexico. However, it is likely that other states will follow New Mexico’s lead. SDMS will be working to ensure consistency among state licensure bills to ensure 1) recognition of national certification/credentials and 2) that there will be minimal burden on sonographers.

·         Which credentials will be recognized in New Mexico?

The new law does not list the names of credentialing organizations who are recognized but refers to “national credentialing/certification organizations” (this is, among other reasons, typical of a state law as it would require legislative action to change any organization’s name listed in statute). The administrative rules to be adopted by the state agency will list which organizations are recognized for sonographer credentialing/certification purposes. We expect that ARDMS, CCI and ARRT would be recognized for licensure purposes. 

·         Does this mean I have to pay a license fee?

Yes. The New Mexico law sets the maximum fee at $100 for a two-year license. This cannot be increased without Legislative/Governor approval. The license fee pays for the entire licensure program including any necessary disciplinary investigations, etc. It is estimated that the new law will only raise $22,500 per year to pay for the licensure program (although no one knows the exact number of non-credentialed sonographers working in New Mexico). Many employers will pay or reimburse license fees (it never hurts to ask) since it would now be a requirement of the job. Sonographers who may be working as locum tenens or ‘traveler’ on a temporary basis would need to be licensed in New Mexico. As in other health professions where travelers are used, the placement company often pays the license fee (or passes it on to the hiring company) and/or provides assistance in completing any required paperwork. Of course, no license would be required in New Mexico until the law is implemented.

·         I am also an RT licensed by the State of New Mexico - do I have to pay a second license fee (one for RT and one for sonography)?

This is unknown at this time. One can certainly make an argument that the state agency doesn’t have to do twice the work and therefore one license with both imaging modalities could be issued (with a reduced fee). But that is ultimately a decision that would have to be defined in the administrative rules. SDMS will be working with New Mexico officials as they develop the administrative rules to implement the new law. New Mexico sonographers will also have an opportunity to submit comments such as this one to the state agency for consideration.

·         Is there a grace period or grandfathering clause?

No, the law does not provide any grace period. Certainly, the time between now and when the administrative rules become effective (we don’t know how long that may take…a year perhaps) would be a very good time to get the necessary national credentials if you do not yet have them. There is no ‘grandfathering’ clause  for ‘experienced’ sonographers who do not hold a sonography credential – under the New Mexico law, every sonographer would be required to demonstrate minimum competency by obtaining a credential from a national credentialing/certification organization. CCI is currently the only one that has an ‘experience only’ pathway – for vascular and cardiac sonography only. Individuals with degrees or other health care experience may qualify for one of the alternate pathways to certification (i.e., did not attend a sonography educational program but has a bachelor’s degree) - please contact the sonography credentialing/certification organizations directly for further information on alternative pathways that may be available to you.

      §  www.ardms.org

      §  www.cci-online.org

      §  www.arrt.org

·         Are nurses and physicians covered by this law?

Physicians are exempt from the law. Under the new law, other licensed health care providers may use sonography where it is part of their scope of practice and their independent licensing board’s training and certification program has been submitted to the new “Medical Imaging and Radiation Therapy Advisory Council” and approved by the Environment Board. We expect this will be further defined in administrative rules.

·         Isn’t licensure and certification the same thing?

No. Although the words are sometimes used interchangeably, they don’t mean the same thing. Sonography is one of the few health care professions without mandatory state licensure. A national certification/credential is a voluntary process – for example, ARDMS is not a regulatory body – they only have control over their credentials – they can award and revoke a credential according to their policies. An ARDMS credential has no legal basis within a state unless the state adopts a licensure law that recognizes ARDMS. On the other hand, a state license is a legal grant of authority by the state to practice/perform within the state. Sonographers have, for the past 30+ years, operated in the grey area without licensure – technically they were able to perform because there was no state law prohibiting it. However, as a result, anyone with a weekend course and enough money to buy an ultrasound machine could also perform sonograms and the state has no authority to stop anyone.

New Mexico: "license" means a document issued by the department pursuant to the Medical Imaging and Radiation Therapy Health and Safety Act to an individual who has met the requirements of licensure;

Oregon:  'License' means a license issued by the board to practice one or more of the medical imaging modalities.

·         What is the difference between credential and certification?

Although often used interchangeably, there are some subtle differences. Credential refers the the recognition awarded by a credentialing organization (such as ARDMS’ RDMS, RDCS, RVT, or CCI’s RVS or RCS credentials). Certification is the process used by the credentialing organization (requirements, prerequisites, examination, etc.) used to determine whether an individual meets the requirements of a credentialing organization. In the New Mexico legislation, we compromised and create a definition that uses  credentialing/certification organization. Here are the definitions from both bills

New Mexico: "credentialing organization" or "certification organization" means a nationally recognized organization recognized by the board that issues credentials or certification through testing or evaluations that determine whether an individual meets defined standards for training and competence in a medical imaging modality;

Oregon: 'Credentialing organization' means a nationally recognized organization that issues credentials through testing or evaluations that determine that a person meets defined standards for training and competence in a medical imaging modality.

The confusion is compounded by the terms “registry” and “registration”. These have different meanings among the various organizations so we have not used them in Oregon and New Mexico.

·         How can I learn more about sonographer licensure?

First, be sure to read the SDMS monthly email newsletter SDMS Sound News and articles in the SDMS News Wave. We will include information about what is happening with licensure laws and New Mexico’s administrative rule-making process (including comment periods). Second, we are planning a webinar later this year to discuss licensure and its impact on sonography (details to be announced in future SDMS email newsletters).