HOUSE BILL 414

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Eleanor Chavez

AN ACT

RELATING TO PROFESSIONAL AND OCCUPATIONAL LICENSING; AMENDING THE OCCUPATIONAL THERAPY ACT TO PROVIDE FOR CRIMINAL BACKGROUND CHECKS OF LICENSEES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Occupational Therapy Act is enacted to read:

     "[NEW MATERIAL] CRIMINAL BACKGROUND CHECKS.--

          A. The board may adopt rules that provide for criminal background checks for all new licensees to include:

                (1) requiring criminal history background checks of applicants for licensure pursuant to the Occupational Therapy Act;

                (2) requiring applicants for licensure to be fingerprinted;

                (3) providing for an applicant who has been denied licensure to inspect or challenge the validity of the background check record;

                (4) establishing a fingerprint and background check fee not to exceed seventy-five dollars ($75.00) to be paid by the applicant; and

                (5) providing for submission of an applicant's fingerprint cards to the federal bureau of investigation to conduct a national criminal history background check and to the department of public safety to conduct a state criminal history check.

          B. Arrest record information received from the department of public safety and the federal bureau of investigation shall be privileged and shall not be disclosed to persons not directly involved in the decision affecting the applicant.

          C. Electronic live fingerprint scans may be used when conducting criminal history background checks."

     Section 2. Section 61-12A-11 NMSA 1978 (being Laws 1996, Chapter 55, Section 11, as amended) is amended to read:

     "61-12A-11. REQUIREMENTS FOR LICENSURE.--

          A. An applicant applying for a license as an occupational therapist or occupational therapy assistant shall file a written application provided by the board, accompanied by the required fees and documentation, and demonstrating to the satisfaction of the board that the applicant has:

                (1) successfully completed the academic requirements of an educational program in occupational therapy that is either:

                     (a) accredited by the American occupational therapy association's accreditation council for occupational therapy education; or

                     (b) in the case of a foreign educational program, accepted by the national board for certification in occupational therapy when the therapist applies to take that board's examination;

                (2) successfully completed a period of supervised fieldwork experience at a recognized educational institution or a training program approved by the educational institution where the occupational therapist or the occupational therapy assistant has met the academic requirements of Paragraph (1) of this subsection; provided that:

                     (a) an occupational therapist shall complete a minimum of twenty-four weeks of supervised fieldwork experience or satisfy any generally recognized past standards that identified minimum fieldwork requirements at the time of graduation; and

                     (b) an occupational therapy assistant shall complete a minimum of sixteen weeks of supervised fieldwork experience or satisfy any generally recognized past standards that identified minimum fieldwork requirements at the time of graduation;

                (3) [has] passed an examination prescribed by the national board for certification in occupational therapy or the board; and

                (4) [has] no record of unprofessional conduct or incompetence.

          B. In the case of an occupational therapy assistant or a person practicing on a provisional permit, the applicant shall file with the board a signed, current statement of supervision by the occupational therapist who will be the responsible supervisor.

          C. The board shall verify, as necessary, information contained on the completed application and any supporting documentation required to obtain a license, including a criminal background check."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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