0001| HOUSE BILL 183
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| JEANNETTE WALLACE
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO STATE AGENCIES; PROVIDING SUNSETTING PROVISIONS FOR
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0013| CERTAIN ACTS AND BOARDS OF VARIOUS TRADES AND PROFESSIONS;
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0014| AMENDING AND REPEALING VARIOUS SECTIONS OF THE NMSA 1978 THAT
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0015| RELATE TO REGULATION AND LICENSURE.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 61-7A-5 NMSA 1978 (being Laws 1989,
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0019| Chapter 387, Section 5) is amended to read:
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0020| "61-7A-5. BOARD CREATED.--
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0021| A. There is created the "nutrition and dietetics
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0022| practice board", administratively attached to the regulation and
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0023| licensing department. The board shall consist of [seven]
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0024| five members who are New Mexico residents and who are
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0025| appointed by the governor for staggered three-year terms. Three
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0001| members shall be licensed dietitians [and] or nutrition-
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0002| ists with at least three years of nutrition or dietetics
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0003| practice in New Mexico and [four] two members shall
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0004| represent the public. [The initial three professional members
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appointed shall meet the requirements for licensure and be
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licensed by the deadline specified for licensure in the
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Nutrition and Dietetics Practice Act] There shall be at least
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0008| one dietitian and at least one nutritionist on the board at all
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0009| times. The public members shall not have been licensed as a
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0010| dietitian or nutritionist or have any financial interest, direct
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0011| or indirect, in the professions regulated.
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0012| [B. Initial appointments to the board shall be made
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in such a manner that two members shall be appointed to a one-year term expiring June 30, 1990; three members shall be
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appointed for one-year terms expiring June 30, 1991; and two
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members shall be appointed for three-year terms expiring June
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30, 1992. Thereafter, the members of the board shall be
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appointed for three-year terms.
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C.] B. Each member shall hold office until the
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0019| expiration of the term for which appointed or until a successor
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0020| has been appointed. Vacancies shall be filled for the balance
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0021| of the unexpired term within ninety days of the vacancy by
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0022| appointment [of] by the governor.
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0023| [D.] C. No board member shall serve more than
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0024| two full terms [consecutively].
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0025| [E.] D. The board shall elect annually a
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0001| chairman and such other officers as it deems necessary. The
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0002| board shall meet as often as necessary for the conduct of
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0003| business, but no less than twice a year. Meetings shall be
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0004| called by the chairman or upon the written request of [three]
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0005| two or more members of the board. [Four] Three members, at
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0006| least two of whom are professional members and at least [two]
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0007| one of whom [are] is a public [members] member, shall
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0008| constitute a quorum. Any member failing to attend, after proper
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0009| notice, three consecutive meetings shall automatically be
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0010| removed as a board member.
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0011| [F.] E. The members of the board shall be
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0012| reimbursed as provided for nonsalaried public officers in the
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0013| Per Diem and Mileage Act and shall receive no other
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0014| compensation, perquisite or allowance."
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0015| Section 2. Section 61-7A-6 NMSA 1978 (being Laws 1989,
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0016| Chapter 387, Section 6) is amended to read:
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0017| "61-7A-6. BOARD--DUTIES.--
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0018| A. The board shall:
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0019| (1) develop and administer an appropriate
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0020| examination for qualified applicants;
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0021| [(1)] (2) evaluate the qualifications of
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0022| applicants for licensure under the Nutrition and Dietetics
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0023| Practice Act;
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0024| [(2)] (3) issue licenses to applicants who
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0025| meet the requirements of the Nutrition and Dietetics Practice
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0001| Act;
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0002| [(3)] (4) investigate persons engaging in
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0003| practices that may violate the provisions of the Nutrition and
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0004| Dietetics Practice Act;
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0005| [(4)] (5) revoke, suspend or deny a license
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0006| in accordance with the provisions of the Uniform Licensing Act;
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0007| [(5)] (6) adopt an annual budget;
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0008| [(6)] (7) adopt a code of ethics; and
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0009| [(7)] (8) adopt in accordance with the
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0010| Uniform Licensing Act and file in accordance with the State
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0011| Rules Act rules and regulations necessary to carry out the
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0012| provisions of the Nutrition and Dietetics Practice Act;
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0013| provided, no rule or regulation may be adopted, amended or
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0014| repealed except by a vote of [two-thirds] three-fifths of
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0015| the board members.
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0016| B. The board may contract with the regulation and
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0017| licensing department for office space and administrative
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0018| support."
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0019| Section 3. Section 61-7A-7 NMSA 1978 (being Laws 1989,
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0020| Chapter 387, Section 7) is amended to read:
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0021| "61-7A-7. LICENSURE--REQUIREMENTS.--
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0022| A. The board shall issue a license as a dietitian to
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0023| any person who files a completed application, pays all required
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0024| fees and certifies and furnishes evidence satisfactory to the
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0025| board that the applicant has a valid current registration with
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0001| the commission [which] that gives the applicant the right to
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0002| use the term "registered dietitian" or "R.D.".
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0003| B. The board shall issue a license as a nutritionist
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0004| to any person who files a completed application, pays all
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0005| required fees and certifies and furnishes evidence satisfactory
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0006| to the board that the applicant:
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0007| (1) has received a master's degree or doctorate
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0008| in human nutrition, nutrition education, foods and nutrition or
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0009| public health nutrition from a college or university accredited
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0010| by a member of the council on post-secondary accreditation; or
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0011| (2) maintains membership in one of the
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0012| following organizations:
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0013| (a) the American institute of nutrition;
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0014| (b) the American society for clinical
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0015| nutrition; or
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0016| (c) the American board of nutrition; and
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0017| (3) has successfully completed any training or
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0018| educational programs and other requirements set out in the rules
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0019| and regulations adopted pursuant to the Nutrition and Dietetics
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0020| Practice Act.
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0021| [C. Notwithstanding the provisions of Subsection B
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of this section, the board may establish separate criteria for
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licensure as a nutritionist for persons who have completed
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coursework in the field of nutrition and dietetics beyond a
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baccalaureate degree in nutrition and dietetics or a related
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field from a college or university accredited by a member of the
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council on post-secondary education and who have been engaged in
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nutrition and dietetics practice for a minimum of three years of
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the five years immediately preceding June 30, 1990 and who apply
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for licensure no later than December 31, 1990.]
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0006| C. Notwithstanding the provisions of Subsections A
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0007| and B of this section, the board shall issue a license to an
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0008| applicant who pays all required fees and who successfully passes
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0009| a state examination, as established in Subsection A of Section
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0010| 61-7A-6 NMSA 1978.
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0011| D. The board shall issue a license as a nutrition
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0012| associate to any person who files a completed application, pays
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0013| all required fees and certifies and furnishes evidence
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0014| satisfactory to the board that the applicant:
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0015| (1) has received a baccalaureate or higher
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0016| degree from a college or university accredited by a member of
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0017| the council on post-secondary accreditation and fulfilled
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0018| minimum academic requirements in the field of dietetics and
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0019| related disciplines as approved by the association; and
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0020| (2) works under the supervision of a dietitian
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0021| or nutritionist. Such supervision shall include a minimum of
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0022| four hours onsite supervision per month plus phone consultation
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0023| as needed.
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0024| E. A valid license issued pursuant to the Nutrition
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0025| and Dietetics Practice Act shall be displayed at the licensee's
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0001| place of employment.
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0002| F. Licenses, including initial licenses, shall be
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0003| issued for a period of one year."
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0004| Section 4. Section 61-7A-15 NMSA 1978 (being Laws 1989,
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0005| Chapter 387, Section 15) is amended to read:
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0006| "61-7A-15. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The board is terminated on July 1, [1995] 1997 pursuant to
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0007| the Sunset Act. The board shall continue to operate according
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0008| to the provisions of the Nutrition and Dietetics Practice Act
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0009| until July 1, [1996] 1998. Effective July 1, [1996]
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0010| 1998, the Nutrition and Dietetics Practice Act is repealed."
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0011| Section 5. Section 61-9-3 NMSA 1978 (being Laws 1963,
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0012| Chapter 92, Section 3, as amended) is amended to read:
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0013| "61-9-3. DEFINITIONS.--As used in the Professional
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0014| Psychologist Act:
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0015| A. "board" means the New Mexico state board of
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0016| psychologist examiners;
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0017| B. "department" means the regulation and licensing
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0018| department or the division of the department designated to
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0019| administer the provisions of the Professional Psychologist Act;
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0020| [B.] C. "person" includes an individual, firm,
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0021| partnership, association or corporation;
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0022| [C.] D. "psychologist" means any person who
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0023| engages in the practice of psychology or holds himself out to
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0024| the public by any title or description of services representing
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0025| himself as a psychologist, which incorporates the words
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0001| "psychological", "psychologist", "psychology", or when a person
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0002| describes himself as above and, under such title or description,
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0003| offers to render or renders services involving the application
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0004| of principles, methods and procedures of the science and
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0005| profession of psychology to persons for compensation or other
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0006| personal gain;
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0007| [D.] E. "practice of psychology" means the
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0008| observation, description, evaluation, interpretation and
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0009| modification of human behavior by the application of
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0010| psychological principles, methods and procedures for the purpose
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0011| of preventing or eliminating symptomatic, maladaptive or
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0012| undesired behavior and of enhancing interpersonal relationships,
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0013| work and life adjustment, personal effectiveness, behavioral
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0014| health and mental health, and further means the rendering of
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0015| such psychological services to individuals, families or groups
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0016| regardless of whether payment is received for services rendered.
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0017| The practice of psychology includes, but is not limited to,
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0018| psychological testing or neuropsychological testing and the
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0019| evaluation or assessment of personal characteristics such as
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0020| intelligence, personality, abilities, interests, aptitudes and
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0021| neuropsychological functioning; counseling, psychoanalysis,
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0022| psychotherapy, hypnosis, biofeedback, behavior analysis and
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0023| therapy; diagnosis and treatment of any mental and emotional
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0024| disorder or disability, alcoholism and substance abuse,
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0025| disorders of habit or conduct and the psychological aspects of
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0001| physical illness, accident, injury and disability; and
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0002| psychoeducational evaluation, therapy, remediation and
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0003| consultation; and
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0004| [E.] F. "school" or "college" means any
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0005| university or other institution of higher learning offering a
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0006| full-time graduate course of study in psychology, which is
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0007| regionally accredited or whose accreditation as an institution
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0008| of higher learning is recognized by the state department of
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0009| public education or is satisfactory to the board."
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0010| Section 6. Section 61-9-5 NMSA 1978 (being Laws 1989,
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0011| Chapter 41, Section 5, as amended) is amended to read:
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0012| "6l-9-5. STATE BOARD OF EXAMINERS--PSYCHOLOGY FUND.--
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0013| A. There is created a "New Mexico state board of
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0014| psychologist examiners" consisting of eight members appointed by
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0015| the governor who are residents of New Mexico and who shall serve
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0016| for three-year staggered terms. No board member shall serve
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0017| more than two terms. The members shall be appointed as
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0018| follows:
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0019| (1) four members shall be professional members
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0020| who are licensed under the Professional Psychologist Act as
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0021| psychologists [The governor shall appoint the professional
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members] and may be appointed from a list of names nominated
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0023| by the New Mexico psychological association, the state
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0024| psychologist association and the New Mexico school psychologist
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0025| association;
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0001| (2) one member shall be licensed under the
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0002| Professional Psychologist Act as a psychologist or psychologist
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0003| associate; and
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0004| (3) three members shall be public members who
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0005| are laymen and have no significant financial interest, direct or
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0006| indirect, in the practice of psychology.
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0007| B. Each member shall hold office until the
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0008| expiration of his appointed term or until a successor is duly
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0009| appointed. When the term of each member ends, the governor
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0010| shall appoint his successor for a term of three years. Any
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0011| vacancy occurring in the board membership other than by
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0012| expiration of term shall be filled by the governor by
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0013| appointment for the unexpired term of the member. The governor
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0014| may remove any board member for misconduct, incompetency or
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0015| neglect of duty. Any member failing to attend, after proper
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0016| notice, three consecutive meetings shall automatically be
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0017| removed as a board member.
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0018| C. All money received by the board shall be credited
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0019| to the "psychology fund", and a receipt for the same shall be
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0020| kept by the secretary-treasurer of the board. The members of
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0021| the board may be reimbursed as provided in the Per Diem and
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0022| Mileage Act, but shall receive no other compensation, perquisite
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0023| or allowance. The secretary-treasurer may receive such salary
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0024| as the board determines. The sums, together with all other
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0025| incidental expenses of the board, shall be approved by the board
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0001| and sent to the auditor for payment."
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0002| Section 7. Section 61-9-6 NMSA 1978 (being Laws 1963,
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0003| Chapter 92, Section 5, as amended) is amended to read:
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0004| "61-9-6. BOARD--MEETING--POWERS.--
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0005| A. The board shall, annually in the month of July,
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0006| hold a meeting and elect from its membership a chairman and vice
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0007| chairman. The board shall meet at such other times as it deems
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0008| necessary or advisable or as deemed necessary and advisable by
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0009| the chairman or a majority of its members or the governor.
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0010| Reasonable notice of all meetings shall be given in the manner
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0011| prescribed by the board. A majority of the board constitutes a
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0012| quorum at any meeting or hearing.
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0013| B. The board is authorized to:
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0014| (1) adopt and from time to time revise such
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0015| rules and regulations not inconsistent with the law as may be
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0016| necessary to carry into effect the provisions of the
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0017| Professional Psychologist Act. Such rules and regulations shall
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0018| include but not be limited to a code of conduct for
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0019| psychologists and psychologist associates in the state;
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0020| (2) employ, within the funds available, a
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0021| secretary and other personnel necessary for the proper
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0022| performance of its work under the Professional Psychologist Act;
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0023| (3) adopt a seal, and the secretary shall have
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0024| the care and custody of the seal;
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0025| (4) examine for, approve, deny, revoke, suspend
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0001| and renew the licensure of psychologist and psychologist
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0002| associate applicants as provided in the Professional
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0003| Psychologist Act;
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0004| (5) conduct hearings upon complaints concerning
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0005| the disciplining of a psychologist or psychologist associate;
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0006| [and]
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0007| (6) enforce all provisions of the Professional
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0008| Psychologist Act and all rules and regulations adopted under
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0009| that act; and
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0010| [(6)] (7) cause the prosecution and
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0011| enjoinder of all persons violating the Professional Psychologist
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0012| Act and incur necessary expenses therefor.
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0013| C. Within sixty days after the close of each fiscal
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0014| year, the board shall submit a written or printed report,
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0015| reviewed and signed by the board members, to the governor
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0016| concerning the work of the board during the preceding fiscal
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0017| year. The report shall include the names of all psychologists
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0018| and psychologist associates to whom licenses have been granted;
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0019| any cases heard and decisions rendered in relation to the work
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0020| of the board; the recommendations of the board as to future
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0021| policies; the names, remuneration and duties of any employees of
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0022| the board; and an account of all money received and expended by
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0023| the board."
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0024| Section 8. Section 61-9-19 NMSA 1978 (being Laws 1978,
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0025| Chapter 188, Section 2, as amended) is amended to read:
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0001| "61-9-19. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The
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0002| New Mexico state board of psychologist examiners is terminated
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0003| on July 1, [1995] 1997 pursuant to the Sunset Act. The
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0004| board shall continue to operate according to the provisions of
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0005| Chapter 61, Article 9 NMSA 1978 until July 1, [1996] 1998.
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0006| Effective July 1, [1996] 1998, Article 9 of Chapter 61 NMSA
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1978 is repealed."
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Section 9. Section 61-12B-5 NMSA 1978 (being Laws 1984,
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Chapter 103, Section 5, as amended) is amended to read:
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"61-12B-5. ADVISORY BOARD CREATED.--
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A. The superintendent shall appoint an "advisory
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board of respiratory care practitioners" consisting of [eight]
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0013| five members as follows:
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0014| (1) one physician licensed in New Mexico who is
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0015| knowledgeable in respiratory care;
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0016| (2) [three] two respiratory care
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0017| practitioners; and
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0018| (3) [four] two public members who are
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0019| residents of New Mexico. The public members shall not have been
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0020| licensed as respiratory care practitioners nor shall they have
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0021| any financial interest, direct or indirect, in the occupation
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0022| regulated.
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0023| B. Each member shall serve [a term of three years.
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The initial appointments to the board shall be as follows:
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(1) two members for one-year terms;
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(2) two members for two-year terms; and
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(3) two members for three-year terms] no more
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0003| than two three-year terms.
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0004| C. The members of the board shall receive per diem
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0005| and mileage as provided for nonsalaried public officers in the
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0006| Per Diem and Mileage Act and shall receive no other
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0007| compensation, perquisite or allowance in connection with the
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0008| discharge of their duties as board members. Three members,
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0009| including at least one public member, constitute a quorum.
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0010| D. Any member failing, after proper notice, to
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0011| attend any three consecutive meetings of the board without a
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0012| reasonable excuse shall be automatically removed from the
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0013| board."
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0014| Section 10. Section 61-12B-9 NMSA 1978 (being Laws 1984,
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0015| Chapter 103, Section 9, as amended) is amended to read:
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0016| "61-12B-9. OTHER LICENSING PROVISIONS.--
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0017| A. The department, in consultation with the board,
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0018| shall adopt rules and regulations for mandatory continuing
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0019| education requirements [which] that shall be completed as a
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0020| condition for renewal of any license issued [under] pursuant
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0021| to provisions of the Respiratory Care Act.
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0022| B. The department, in consultation with the board,
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0023| may adopt rules and regulations for issuance of temporary
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0024| permits for students and graduates of approved training programs
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0025| to practice limited respiratory care under the direct
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0001| supervision of a licensed respiratory care practitioner or
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0002| physician. Rules and regulations shall be adopted defining, for
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0003| the purposes of the Respiratory Care Act, the terms "students"
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0004| and "direct supervision".
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0005| C. The license issued by the department shall
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0006| describe the licensed person as a "respiratory care practitioner
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0007| licensed by the New Mexico regulation and licensing department"
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0008| and shall be displayed in the licensee's place of business.
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0009| D. Unless licensed as a respiratory care
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0010| practitioner [under] pursuant to provisions of the
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0011| Respiratory Care Act, no person shall use the title "respiratory
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0012| care practitioner", the abbreviation "R.C.P." or any other title
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0013| or abbreviation to indicate that the person is a licensed
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0014| respiratory care practitioner.
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0015| E. A copy of the valid license or temporary permit
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0016| issued pursuant to the Respiratory Care Act shall be [kept on
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file] displayed at the respiratory care practitioner's place
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0018| of employment.
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0019| F. Licenses, including initial licenses, shall be
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0020| issued for a period of two years."
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0021| Section 11. Section 61-12B-16 NMSA 1978 (being Laws 1984,
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0022| Chapter 103, Section 17, as amended) is amended to read:
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0023| "61-12B-16. TERMINATION OF BOARD--DELAYED REPEAL.--The
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0024| board is terminated on July 1, [1995] 1997 pursuant to the
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0025| Sunset Act. The board shall continue to operate until July 1,
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0001| [1996] 1998. Effective July 1, [1996] 1998, the
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0002| Respiratory Care Act is repealed."
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0003| Section 12. Section 61-14B-17 NMSA 1978 (being Laws 1990,
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0004| Chapter 16, Section 4) is amended to read:
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0005| "61-14B-17. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The speech-language pathology and audiology advisory board is
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0006| terminated on July 1, [1995] 1997 pursuant to the Sunset
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0007| Act. The board shall continue to operate according to the
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0008| provisions of Chapter 61, Article 14B NMSA 1978 until July 1,
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0009| [1996] 1998. Effective July 1, [1996 Chapter 61] 1998,
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0010| Article 14B of Chapter 61 NMSA 1978 is repealed."
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0011| Section 13. Section 61-24A-21 NMSA 1978 (being Laws 1991,
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0012| Chapter 46, Section 12) is amended to read:
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0013| "61-24A-21. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The [board of] hearing aid [dispensers] advisory board is
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0014| terminated on July 1, [1995] 1997. The board shall continue
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0015| to operate according to the provisions of Chapter 61, Article
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0016| 24A NMSA 1978 until July 1, [1996] 1998. Effective July 1,
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0017| [1996 Sections 61-24A-1 through 61-24A-20 (being Laws 1979,
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Chapter 349, Sections 1 through 15, Section 8 of this act, Laws
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1979, Chapter 349, Sections 17 and 18, and Sections 9 and 10 of
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this act) are] 1998, Article 24A of Chapter 61 NMSA 1978 is
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0021| repealed."
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0022| Section 14. Section 61-31-6 NMSA 1978 (being Laws 1989,
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0023| Chapter 51, Section 6) is amended to read:
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0024| "61-31-6. SCOPE OF PRACTICE.--
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0025| A. For the purposes of the Social Work Practice Act,
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0001| a person is practicing social work if he advertises, offers
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0002| himself to practice, is employed in a position described as
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0003| social work or holds out to the public or represents in any
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0004| manner that he is licensed to practice social work in this
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0005| state.
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0006| B. Social work practice means a professional service
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0007| and emphasizes the use of specialized knowledge of social
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0008| resources, social systems and human capabilities to effect
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0009| change in human behavior, emotional responses and social
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0010| conditions. Services may be rendered through direct assistance
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0011| to individuals, couples, families, groups and community
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0012| organizations. Social work practice focuses on both direct and
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0013| indirect services to facilitate change on the intrapersonal,
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0014| interpersonal and systemic levels. Areas of specialization
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0015| [which] that address these include but are not limited to
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0016| the following:
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0017| (1) clinical social work practice, which is the
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0018| professional application of social work theory and methods in
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0019| the diagnosis, treatment and prevention of psychosocial
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0020| dysfunction, disability or impairment, including but not limited
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0021| to emotional and mental disorders. It is based on knowledge of
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0022| one or more theories of human development within a psychosocial
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0023| context. Clinical social work includes interventions directed
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0024| to interpersonal interactions, intrapsychic dynamics or life
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0025| support and management issues. Clinical social work services
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0001| consist of assessment, diagnosis and treatment, including
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0002| psychotherapy and counseling, client-centered advocacy,
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0003| consultation and evaluation;
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0004| (2) social work research practice, which is the
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0005| professional study of human capabilities and practice of social
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0006| work specialties, including direct and indirect practice,
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0007| through the formal organization and the methodology of data
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0008| collection and the analysis and evaluation of social work data;
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0009| (3) social work community organization,
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0010| planning and development practice, which is a conscious process
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0011| of social interaction and method of social work concerned with
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0012| the meeting of broad needs and bringing about and maintaining
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0013| adjustment between needs and resources in a community or other
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0014| areas; helping people to deal more effectively with their
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0015| problems and objectives by helping them develop, strengthen and
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0016| maintain qualities of participation, self-direction and
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0017| cooperation; and bringing about changes in community and group
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0018| relationships and in the distribution of decision-making power.
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0019| The community is the primary client in community organizations.
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0020| The community may be an organization, neighborhood, city,
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0021| county, state or national entity;
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0022| (4) social work administration, which is the
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0023| practice that is concerned primarily with translating laws,
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0024| technical knowledge and administrative rulings into
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0025| organizational goals and operational policies to guide
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0001| organizational behavior; designing organizational structure and
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0002| procedures or processes through which social work goals can be
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0003| achieved; and securing resources in the form of material, staff,
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0004| clients and societal legitimation necessary for goal attainment
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0005| and organizational survival; and
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0006| (5) university social work [education
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practice] faculty, which provides an equal quality of social
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0008| work education in identified areas of content; prepares
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0009| graduates to practice in a range of geographic areas with
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0010| diverse populations; and establishes the foundation for
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0011| practitioners' professional futures, exposing them to the best
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0012| of current knowledge and developing in them the ability to
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0013| continue questioning and learning, as well as an awareness of
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0014| their responsibility to continue this professional development."
|
0015| Section 15. Section 61-31-7 NMSA 1978 (being Laws 1989,
|
0016| Chapter 51, Section 7) is amended to read:
|
0017| "61-31-7. BOARD CREATED.--
|
0018| A. There is created the "board of social work
|
0019| examiners".
|
0020| B. The board shall be administratively attached to
|
0021| the department.
|
0022| C. The board shall consist of [ten] seven
|
0023| members who are representative of the geographic and ethnic
|
0024| groups within New Mexico, who are United States citizens and
|
0025| who have been New Mexico residents for at least five years
|
0001| prior to their appointment. [From] Of the [ten] seven
|
0002| members:
|
0003| (1) four members shall have been engaged in
|
0004| social work practice for at least five years; [and each] at
|
0005| least two of the four shall hold a master's degree in social
|
0006| work; and at least two shall hold a bachelor's degree in social
|
0007| work from [a graduate school] schools of social work that
|
0008| [is] are accredited by the council on social work education
|
0009| [of which]. At least one [member] of these members shall
|
0010| be engaged primarily in clinical social work practice; one
|
0011| member shall be engaged primarily in education; one member shall
|
0012| be engaged primarily in administration or research in social
|
0013| work practice; and at least one member shall be engaged pri-
|
0014| marily in community organization, planning and development.
|
0015| These members shall not hold office in any professional
|
0016| organization of social workers during their tenure on the board;
|
0017| and
|
0018| [(2) one member shall hold a bachelor's degree
|
in social work from a program accredited by the council on
|
social work education, shall have been engaged in social work
|
practice for at least two years and shall not hold office in any
|
professional organization of social workers during his tenure on
|
the board; and
|
(3) five] (2) three members shall represent
|
0025| the public. The public members shall not have been licensed or
|
0001| have practiced as social workers. Public members shall not have
|
0002| any significant financial interest, whether direct or indirect,
|
0003| in social work practice.
|
0004| D. Members of the board shall be appointed by the
|
0005| governor for staggered terms of three years, except that, in
|
0006| making the initial appointments, three members shall be
|
0007| appointed for [a term] terms ending June 30, 1990; three
|
0008| members for terms ending June 30, 1991; and four members for
|
0009| terms ending June 30, 1992. Each member shall hold office until
|
0010| his successor is appointed. Vacancies shall be filled for the
|
0011| unexpired term in the same manner as original appointments.
|
0012| E. Except for the representatives of the public on
|
0013| the board, the governor shall appoint board members from a list
|
0014| of nominees submitted by social work organizations and
|
0015| individual social work professionals.
|
0016| F. Members of the board shall be reimbursed as
|
0017| provided in the Per Diem and Mileage Act and shall receive no
|
0018| other compensation, perquisite or allowance.
|
0019| G. The board shall elect a chairman and other
|
0020| officers as deemed necessary to administer its duties.
|
0021| H. A simple majority of the board members currently
|
0022| serving shall constitute a quorum of the board.
|
0023| I. The board shall meet at least once a year and at
|
0024| such other times as it deems necessary. Other meetings may be
|
0025| called by the chairman upon the written request of a quorum of
|
0001| the board.
|
0002| J. The governor may remove any member from the board
|
0003| for the neglect of any duty required by law, for incompetence,
|
0004| for improper or unprofessional conduct as defined by board
|
0005| regulation or for any reason that would justify the suspension
|
0006| or revocation of his license to practice social work.
|
0007| K. No board member shall serve more than two
|
0008| consecutive terms, and any member failing to attend, after
|
0009| proper notice, three executive meetings shall automatically be
|
0010| removed as a board member, unless excused for reasons set forth
|
0011| in board regulations.
|
0012| L. In the event of a vacancy for any reason, the
|
0013| board secretary shall immediately notify the governor [the
|
board members] and the board [of social work examiners] of
|
0015| the vacancy and the reason for its occurrence [and the action
|
taken by the board so as] to expedite the appointment of a new
|
0017| board member within a six-month period."
|
0018| Section 16. Section 61-31-14 NMSA 1978 (being Laws 1989,
|
0019| Chapter 51, Section 14) is amended to read:
|
0020| "61-31-14. LICENSE RENEWAL.--
|
0021| A. Each licensee shall renew his license annually by
|
0022| submitting a renewal application on a form provided by the
|
0023| board. At the time of license renewal, the board shall require
|
0024| a licensee to produce evidence of continuing education, as
|
0025| prescribed by the board.
|
0001| B. A [sixty-day] thirty-day grace period shall
|
0002| be allowed each licensee after each annual licensing period,
|
0003| during which time licenses may be renewed upon payment of the
|
0004| renewal fee and providing evidence of continuing education as
|
0005| required under the Social Work Practice Act.
|
0006| C. Any licensee who allows his license to lapse for
|
0007| longer than [six] three months shall have [such] the
|
0008| license automatically revoked and shall be required to take a
|
0009| written examination.
|
0010| D. A late penalty fee shall be assessed after the
|
0011| [sixty-day] thirty-day grace period has expired for anyone
|
0012| attempting to renew a license to practice social work."
|
0013| Section 17. Section 61-31-25 NMSA 1978 (being Laws 1989,
|
0014| Chapter 51, Section 27) is amended to read:
|
0015| "61-31-25. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The board of social work examiners is terminated on July 1,
|
0016| [1995] 1997 pursuant to the Sunset Act. The board shall
|
0017| continue to operate according to the provisions of the Social
|
0018| Work Practice Act until July 1, [1996] 1998. Effective July
|
0019| 1, [1996] 1998, the Social Work Practice Act is repealed."
|
0020| Section 18. TEMPORARY PROVISION--EXTENDED EFFECTIVE
|
0021| DATE.--Vacancies on the board of social work examiners existing
|
0022| July 1, 1996 shall not be filled. The provisions of Paragraph
|
0023| (1) of Subsection C of Section 61-31-7 NMSA 1978 shall be
|
0024| implemented when board members serving upon the effective date
|
0025| of this act are replaced due to term expiration.
|
0001| Section 19. REPEAL.--Sections 12-9-13 through 12-9-16.1
|
0002| NMSA 1978 (being Laws 1981, Chapter 241, Sections 3 through 6
|
0003| and Laws 1990, Chapter 16, Section 1, as amended) are repealed.
|
0004| Section 20. EFFECTIVE DATE.--The effective date of the
|
0005| provisions of this act is July 1, 1996.
|
0006| - -
|
0007| State of New Mexico
|
0008| House of Representatives
|
0009|
|
0010| FORTY-SECOND LEGISLATURE
|
0011| SECOND SESSION, 1996
|
0012|
|
0013|
|
0014| February 1, 1996
|
0015|
|
0016|
|
0017| Mr. Speaker:
|
0018|
|
0019| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to
|
0020| whom has been referred
|
0021|
|
0022| HOUSE BILL 183
|
0023|
|
0024| has had it under consideration and reports same with
|
0025| recommendation that it DO PASS, and thence referred to the
|
0001| APPROPRIATIONS AND FINANCE COMMITTEE.
|
0002|
|
0003| Respectfully submitted,
|
0004|
|
0005|
|
0006|
|
0007|
|
0008| Lynda M. Lovejoy, Chairwoman
|
0009|
|
0010|
|
0011| Adopted Not Adopted
|
0012|
|
0013| (Chief Clerk) (Chief Clerk)
|
0014|
|
0015| Date
|
0016|
|
0017| The roll call vote was 8 For 0 Against
|
0018| Yes: 8
|
0019| Excused: Macko, Roberts, Taylor, J.G.
|
0020| Absent: None
|
0021|
|
0022|
|
0023|
|
0024|
|
0025| H0183GU1 State of New Mexico
|
0001| House of Representatives
|
0002|
|
0003| FORTY-SECOND LEGISLATURE
|
0004| SECOND SESSION, 1996
|
0005|
|
0006|
|
0007| February 5, 1996
|
0008|
|
0009|
|
0010| Mr. Speaker:
|
0011|
|
0012| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
|
0013| whom has been referred
|
0014|
|
0015| HOUSE BILL 183
|
0016|
|
0017| has had it under consideration and reports same with
|
0018| recommendation that it DO PASS, amended as follows:
|
0019|
|
0020| 1. On page 1, line 14, after "LICENSURE" insert ";
|
0021| DECLARING AN EMERGENCY"
|
0022|
|
0023| 2. On page 24, strike lines 1 and 2 and insert in lieu
|
0024| thereof:
|
0025|
|
0001| "Section 20. EMERGENCY.--It is necessary for the public
|
0002| peace, health and safety that this act take effect immediately.".
|
0003|
|
0004| Respectfully submitted,
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| Max Coll, Chairman
|
0011|
|
0012|
|
0013| Adopted Not Adopted
|
0014|
|
0015| (Chief Clerk) (Chief Clerk)
|
0016|
|
0017| Date
|
0018|
|
0019| The roll call vote was 12 For 0 Against
|
0020| Yes: 12
|
0021| Excused: Bird, Casey, Martinez, Reyes, Townsend, Varela
|
0022| Absent: none
|
0023|
|
0024|
|
0025|
|
0001| H0183AF1
|
0002|
|
0003| FORTY-SECOND LEGISLATURE
|
0004| SECOND SESSION, 1996
|
0005|
|
0006|
|
0007| February 9, 1996
|
0008|
|
0009| Mr. President:
|
0010|
|
0011| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
|
0012| referred
|
0013|
|
0014| HOUSE BILL 183, as amended
|
0015|
|
0016| has had it under consideration and reports same with
|
0017| recommendation that it DO PASS.
|
0018|
|
0019| Respectfully submitted,
|
0020|
|
0021|
|
0022|
|
0023| __________________________________
|
0024| Shannon Robinson, Chairman
|
0025|
|
0001|
|
0002|
|
0003| Adopted_______________________ Not Adopted_______________________
|
0004| (Chief Clerk) (Chief Clerk)
|
0005|
|
0006|
|
0007| Date ________________________
|
0008|
|
0009|
|
0010| The roll call vote was 5 For 0 Against
|
0011| Yes: 5
|
0012| No: 0
|
0013| Excused: Naranjo, E. Jennings, Garcia
|
0014| Absent: None
|
0015|
|
0016|
|
0017| H0183PA1
|
0018|
|
0019|
|