HOUSE BILL 519
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Yvette Herrell
AN ACT
RELATING TO HEALTH CARE; AMENDING A SECTION OF THE PHYSICAL THERAPY ACT TO REMOVE THE CONDITION PRECEDENT FOR PHYSICAL THERAPY TREATMENT OF A PRIOR PRIMARY CARE MEDICAL DIAGNOSIS; REPEALING A SECTION OF THE PHYSICAL THERAPY ACT TO REMOVE THE PHYSICAL THERAPY BOARD TERMINATION AND THE DELAYED REPEAL OF THE PHYSICAL THERAPY ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-12D-10 NMSA 1978 (being Laws 1997, Chapter 89, Section 10) is amended to read:
"61-12D-10. LICENSURE--QUALIFICATIONS.--
A. An applicant for licensure as a physical therapist shall submit a completed application and have the following minimum qualifications:
(1) be of good moral character;
(2) be a graduate of an accredited physical therapy program approved by the board;
(3) have successfully passed the national physical therapy examination approved by the board; and
(4) have successfully passed the state jurisprudence examination.
B. An applicant for licensure as a physical therapist who has been educated outside the United States shall submit a completed application and meet the following minimum qualifications in addition to those required in Paragraphs (1), (3) and (4) of Subsection A of this section:
(1) provide satisfactory evidence that [his] the applicant's education is substantially equivalent to the requirements of physical therapists educated in accredited educational programs in the United States, as determined by the board. If the board determines that a foreign-educated applicant's education is not substantially equivalent, it may require completion of additional course work before proceeding with the application process;
(2) provide evidence that [he] the applicant is a graduate of a school of training that is recognized by the foreign country's own ministry of education or similar institution;
(3) provide written proof of authorization to practice as a physical therapist without limitations in the legal jurisdiction where the postsecondary institution from which the applicant has graduated is located;
(4) provide proof of legal authorization to reside and seek employment in the United States or its territories;
(5) have [his] the applicant's educational credentials evaluated by a board-approved credential evaluation agency;
(6) pass all approved English proficiency examinations as may be prescribed by the board if English is not [his] the applicant's primary language; and
(7) participate in an interim supervised clinical practice period as may be prescribed by the board.
C. The board may issue an interim permit to a foreign-trained applicant who satisfies the board's requirements. An interim permit shall be issued for the purpose of participating in a supervised clinical practice period.
D. If the foreign-educated physical therapist applicant is a graduate of a college accredited by the commission on accreditation in physical therapy education, the requirements of Paragraphs (1), (2), (5) and (7) of Subsection B of this section are waived.
E. An applicant for licensure as a physical therapist assistant shall submit a completed application and meet the following minimum requirements:
(1) be of good moral character;
(2) be a graduate of an accredited physical therapist assistant program approved by the board;
(3) have successfully passed the national physical therapy examination approved by the board; and
(4) have successfully passed the state jurisprudence examination.
F. An applicant for licensure as a physical therapist or physical therapist assistant shall file a written application on forms provided by the board. A nonrefundable application fee and the cost of the examination shall accompany the completed written application.
G. Applicants who fail to pass the examinations shall be subject to requirements determined by board regulations prior to being approved by the board for subsequent testing.
H. The board or its designee shall issue a license to a physical therapist or physical therapist assistant who has a valid unrestricted license from another United States jurisdiction and who meets all requirements for licensure in New Mexico.
I. Prior to licensure, if prescribed by the board, the board or its designee may issue a temporary nonrenewable license to a physical therapist or physical therapist assistant who has completed the education and experience requirements of the Physical [Therapist] Therapy Act. The temporary license shall allow the applicant to practice physical therapy under the supervision of a licensed physical therapist until a permanent license is approved that shall include passing the national physical therapy examination.
J. The board or its designee may issue a temporary license to a physical therapist or physical therapist assistant performing physical therapy while teaching an educational seminar who has met the requirements established by regulation of the board.
K. A physical therapist or physical therapist assistant licensed under the provisions of the Physical Therapy Act shall renew [his] the physical therapist's or physical therapist assistant's license as specified in board rules. A person who fails to renew [his] the person's license by the date of expiration shall not practice physical therapy as a physical therapist or physical therapist assistant in New Mexico.
L. Reinstatement of a lapsed license following a renewal deadline requires payment of a renewal fee and late fee.
M. Reinstatement of a physical therapist or physical therapist assistant license that has lapsed for more than three years, without evidence of continued practice in another state pursuant to a valid unrestricted license in that state, requires reapplication and payment of fees, as specified in board rules. The board shall promulgate rules establishing the qualifications for reinstatement of a lapsed license.
N. The board may establish, by rule, activities to periodically assess continuing competence to practice physical therapy.
O. A physical therapist [shall not accept a patient for treatment without an existing medical diagnosis for the specific medical or physical problem made by a licensed primary care provider, except for those children participating in special education programs in accordance with Section 22-13-5 NMSA 1978 and for acute care within the scope of practice of physical therapy. For the purposes of this subsection, "existing medical diagnosis" means substantive signs and symptoms consistent with the episode from a previous primary care provider diagnosis made or confirmed by that provider within the past twelve months] is a licensed health care provider conducting the practice of physical therapy in the state as "physical therapy" is defined in Subsection I of Section 61-12D-3 NMSA 1978 and in accordance with the provisions of Section 61-12D-8 NMSA 1978. A physical therapist is fully responsible for managing all aspects of the physical therapy care of each patient served, including children who participate in special education programs in accordance with Section 22-13-5 NMSA 1978. A physical therapist shall provide:
(1) an initial evaluation, determination of physical therapy diagnosis, prognosis and a plan of treatment intervention and documentation of each encounter with each patient;
(2) periodic reevaluation and documentation of each patient's care; and
(3) a documented discharge from care for each patient, including the patient's response to treatment intervention at the time of discharge."
SECTION 2. REPEAL.--Section 61-12D-17 NMSA 1978 (being Laws 1997, Chapter 89, Section 17, as amended) is repealed.
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