0001| HOUSE BILL 1160
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| EARLENE ROBERTS
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0005|
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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| AN ACT
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0011| RELATING TO LICENSING BOARDS; ELIMINATING STATE CONTROL OVER
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0012| THE NEW MEXICO ATHLETIC COMMISSION, THE BOARD OF OPTOMETRY, THE
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0013| CHIROPRACTIC BOARD, THE NEW MEXICO BOARD OF DENTAL HEALTH CARE,
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0014| THE DENTAL HYGIENISTS COMMITTEE, THE NUTRITION AND DIETETICS
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0015| PRACTICE BOARD, THE BOARD OF PODIATRY, THE NEW MEXICO STATE
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0016| BOARD OF PSYCHOLOGIST EXAMINERS, THE COUNSELING AND THERAPY
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0017| PRACTICE BOARD, THE BOARD OF OSTEOPATHIC MEDICAL EXAMINERS, THE
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0018| BOARD OF PHARMACY, THE PHYSICAL THERAPY BOARD, THE BOARD OF
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0019| EXAMINERS FOR OCCUPATIONAL THERAPY, THE BOARD OF RESPIRATORY
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0020| CARE PRACTITIONERS, THE BOARD OF MASSAGE THERAPY, THE BOARD OF
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0021| NURSING HOME ADMINISTRATORS, THE BOARD OF ACUPUNCTURE AND
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0022| ORIENTAL MEDICINE, THE SPEECH LANGUAGE PATHOLOGY, AUDIOLOGY AND
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0023| HEARING AID DISPENSING PRACTICES BOARD, THE ATHLETIC TRAINER
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0024| PRACTICE BOARD, THE BOARD OF BARBERS AND COSMETOLOGISTS, THE
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0025| BOARD OF LANDSCAPE ARCHITECTS, THE INTERIOR DESIGN BOARD, THE
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0001| PRIVATE INVESTIGATORS AND POLYGRAPHERS BOARD, THE NEW MEXICO
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0002| STATE BOARD OF PUBLIC ACCOUNTANCY, THE NEW MEXICO REAL ESTATE
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0003| COMMISSION, THE REAL ESTATE APPRAISERS BOARD, THE BOARD OF
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0004| SOCIAL WORK EXAMINERS AND THE BOARD OF THANATOPRACTICE; MAKING
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0005| EXCEPTIONS TO STATE LAWS PERTAINING TO STATE MONEY, PERSONNEL,
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0006| RETIREMENT, TORT CLAIMS AND ATTORNEY GENERAL AND STATE AUDITOR
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0007| SERVICES; EXEMPTING THE LICENSING BOARDS AND THEIR EMPLOYEES
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0008| FROM CERTAIN STATE LAWS AND COVERING THEM UNDER OTHERS;
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0009| EXTENDING SUNSET DATES ON CERTAIN LICENSING BOARDS; PROVIDING
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0010| FOR TRANSFERS OF MONEY, APPROPRIATIONS AND OTHER PERSONAL
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0011| PROPERTY TO THE LICENSING BOARDS; REPEALING THE PHYSICAL
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0012| THERAPIST ACT; ENACTING THE PHYSICAL THERAPY ACT; AMENDING,
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0013| REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 60-2A-1 NMSA 1978 (being Laws 1980,
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0017| Chapter 90, Section 1) is amended to read:
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0018| "60-2A-1. SHORT TITLE.--[This act] Chapter 60, Article
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0019| 2A NMSA 1978 may be cited as the "Professional Athletic
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0020| Competition Act"."
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0021| Section 2. Section 60-2A-2 NMSA 1978 (being Laws 1980,
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0022| Chapter 90, Section 2, as amended) is amended to read:
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0023| "60-2A-2. DEFINITIONS.--As used in the Professional
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0024| Athletic Competition Act:
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0025| A. "board" means the medical advisory board;
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0001| B. "commission" means the New Mexico athletic
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0002| commission;
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0003| C. "foreign co-promoter" means a promoter who has no
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0004| place of business in this state;
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0005| D. "professional boxer" or "professional wrestler"
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0006| means an individual who competes for money, prizes or purses or
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0007| who teaches, pursues or assists in the practice of boxing,
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0008| wrestling or martial arts as a means of obtaining a livelihood
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0009| or pecuniary gain;
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0010| E. "professional contest" means any professional
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0011| boxing, wrestling or martial arts contest or exhibition,
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0012| whether or not an admission fee is charged for admission of the
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0013| public;
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0014| F. "promoter" means any person, and in the case of a
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0015| corporate promoter includes any officer, director or
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0016| stockholder of the corporation, who produces or stages any
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0017| professional boxing, wrestling or martial arts contest,
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0018| exhibition or closed circuit television show;
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0019| G. "purse" means the financial guarantee or any other
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0020| remuneration, or part thereof, for which professional boxers or
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0021| professional wrestlers are participating in a contest or
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0022| exhibition and includes [the] a participant's share of any
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0023| payment received for radio broadcasting, television or motion
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0024| picture rights; and
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0025| H. "ring official" means any person who performs an
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0001| official function during the progress of a contest or
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0002| exhibition [and
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I. "department" means the regulation and licensing
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department]."
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0005| Section 3. Section 60-2A-3 NMSA 1978 (being Laws 1980,
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0006| Chapter 90, Section 3, as amended) is amended to read:
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0007| "60-2A-3. COMMISSION CREATED--TERMS--RESTRICTIONS.--
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0008| A. There is created the "New Mexico athletic
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0009| commission". [The commission shall be administratively
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attached to the department.]
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0011| B. The commission shall consist of five members who
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0012| are New Mexico residents and who are appointed by the governor.
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0013| Three of the members shall have experience in [the]
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0014| professional sports, and the other two members shall represent
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0015| the public. The public members shall not have been licensed or
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0016| have any financial interest, direct or indirect, in the
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0017| profession regulated. The members shall be appointed for
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0018| staggered terms of four years each. Each member shall hold
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0019| office until the expiration of the term for which appointed or
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0020| until a successor has been appointed and qualified. Not more
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0021| than three members of the commission shall be appointed from
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0022| the same political party. No commission member shall serve
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0023| more than two full terms consecutively.
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0024| C. No member shall at any time during his membership
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0025| on the commission promote or sponsor any professional contest
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0001| or have any financial interest in the promotion or sponsorship
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0002| of any professional contest."
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0003| Section 4. Section 60-2A-4 NMSA 1978 (being Laws 1980,
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0004| Chapter 90, Section 4, as amended) is amended to read:
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0005| "60-2A-4. CHAIRMAN--RULES.--
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0006| A. The commission shall elect annually in December a
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0007| chairman and such other officers as it deems necessary. The
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0008| commission shall meet as often as necessary for the conduct of
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0009| business, but no less than twice a year. Meetings shall be
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0010| called by the chairman or upon the written request of three or
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0011| more members of the commission. Three members, at least one of
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0012| whom is a public member, shall constitute a quorum.
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0013| B. The commission may adopt, purchase and use a seal.
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0014| C. The commission may adopt rules [subject to the
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provisions of] in accordance with the State Rules Act for
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0016| the administration of the Professional Athletic Competition Act
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0017| [not inconsistent with the provisions of the Professional
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Athletic Competition Act]. The rules shall include [but not
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be limited to] the:
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0020| (1) number and qualifications of ring officials
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0021| required in a professional contest;
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0022| (2) powers, duties and compensation of ring
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0023| officials; and
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0024| (3) qualifications of licensees.
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0025| D. The commission shall prepare all forms of
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0001| contracts between sponsors, licensees, promoters and
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0002| contestants.
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0003| E. The commission may contract or enter into leases
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0004| for the provision of space and administrative support."
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0005| Section 5. Section 60-2A-5 NMSA 1978 (being Laws 1980,
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0006| Chapter 90, Section 5) is amended to read:
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0007| "60-2A-5. EXECUTIVE SECRETARY.--The commission may employ
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0008| an executive secretary who shall not be a member of the
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0009| commission and who may serve as a full-time employee. The
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0010| executive secretary may employ such staff and clerical
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0011| assistants, subject to approval of the commission, as deemed
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0012| necessary to carry out his duties. The commission may provide
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0013| for health insurance or other benefits for its employees.
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0014| Except as otherwise provided in the Professional Athletic
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0015| Competition Act, employees serve at the pleasure of the
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0016| commission and are exempt from the provisions of the Personnel
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0017| Act."
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0018| Section 6. Section 60-2A-6 NMSA 1978 (being Laws 1980,
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0019| Chapter 90, Section 6) is amended to read:
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0020| "60-2A-6. PER DIEM AND MILEAGE.--The commission members
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0021| shall [be entitled to per diem and mileage as provided in the
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Per Diem and Mileage Act and shall receive no other
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compensation, perquisite or allowance] serve without
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0024| compensation other than reasonable reimbursement for mileage
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0025| and per diem as determined by the commission and paid from
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0001| commission funds."
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0002| Section 7. A new section of the Professional Athletic
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0003| Competition Act is enacted to read:
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0004| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
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0005| commission, the attorney general shall provide such legal
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0006| services to the commission necessary for the administration of
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0007| the Professional Athletic Competition Act; provided, however,
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0008| the commission may, in its discretion, employ or contract with
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0009| private attorneys."
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0010| Section 8. A new section of the Professional Athletic
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0011| Competition Act is enacted to read:
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0012| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
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0013| A. The commission is specifically exempted from the
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0014| provisions of the Procurement Code, the Art in Public Places
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0015| Act, the Information and Communication Management Act and
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0016| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
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0017| through 15-3-34 NMSA 1978.
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0018| B. The commission is also specifically exempted from
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0019| the provisions of the Deferred Compensation Act, the Group
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0020| Benefits Act, the Public Employee Bargaining Act, the Per Diem
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0021| and Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
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0022| provided, however, that an employee of the regulation and
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0023| licensing department who subsequently becomes employed by the
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0024| commission without a break in service may, by agreement of the
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0025| commission, continue to participate in and be covered by the
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0001| provisions of those acts until separation from employment with
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0002| the commission. Where required under those acts, the
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0003| commission shall make contributions for participating
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0004| employees.
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0005| C. The commission is also specifically exempted from
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0006| the provisions of the Public Employees Retirement Act and the
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0007| Retiree Health Care Act; provided, however, that an employee of
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0008| the regulation and licensing department who subsequently
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0009| becomes employed by the commission without a break in service
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0010| may, by agreement of the commission, continue to participate in
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0011| the public employee retirement system under the terms and
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0012| conditions of the Public Employees Retirement Act and the
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0013| retiree health care system under the terms and conditions of
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0014| the Retiree Health Care Act until separation from employment
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0015| with the commission. The commission shall make contributions
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0016| as required by those acts for a participating employee.
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0017| D. The commission is also specifically exempted from
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0018| the provisions of the Personnel Act; provided, however, that an
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0019| employee in the classified service in the regulation and
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0020| licensing department who subsequently becomes employed by the
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0021| commission without a break in service may, by agreement of the
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0022| commission, remain in the classified service and be covered by
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0023| that act until separation from employment with the commission.
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0024| For all other employees, the commission may adopt its own
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0025| employment policies."
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0001| Section 9. A new section of the Professional Athletic
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0002| Competition Act is enacted to read:
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0003| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
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0004| commission, as an organization and its individual members and
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0005| employees, is specifically subject to and covered by the
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0006| provisions of the Tort Claims Act, the Joint Powers Agreements
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0007| Act, the Inspection of Public Records Act, the Public Records
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0008| Act, the Open Meetings Act, the Governmental Conduct Act, the
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0009| Financial Disclosure Act and any other state law applicable to
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0010| the commission unless otherwise specifically exempted."
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0011| Section 10. Section 60-2A-17 NMSA 1978 (being Laws 1980,
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0012| Chapter 90, Section 17) is amended to read:
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0013| "60-2A-17. INSURANCE.--
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0014| A. The commission may by rule require insurance
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0015| coverage for each licensed professional boxer or professional
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0016| wrestler to provide for medical, surgical and hospital care for
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0017| injuries sustained while preparing for or engaged in a
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0018| professional contest, in an amount of one thousand dollars
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0019| ($1,000) payable to [such] the boxer or wrestler as
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0020| beneficiary.
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0021| B. In lieu of or in addition to the insurance
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0022| provided for in Subsection A of this section, the commission
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0023| may establish a voluntary injury fund [in the state treasury]
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0024| to provide for the medical care of a professional boxer or
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0025| professional wrestler injured in the course of a professional
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0001| contest. The fund shall consist solely of voluntary
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0002| contributions by promoters equal to two percent of the gross
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0003| receipts of the professional contest. [The funds may be
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expended upon vouchers signed by the chairman of the commission
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and warrants drawn by the secretary of finance and
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administration.]"
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0007| Section 11. Section 60-2A-24 NMSA 1978 (being Laws 1980,
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0008| Chapter 90, Section 24) is amended to read:
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0009| "60-2A-24. ATHLETIC COMMISSION FUND.--
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0010| A. The proceeds of the privilege tax on promotions
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0011| and of the privilege tax on closed-circuit television or motion
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0012| pictures, together with any license fees or other fees
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0013| authorized under the Professional Athletic Competition Act,
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0014| shall be deposited [with the state treasurer to the credit of
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the "athletic commission fund" which is hereby created.
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Expenditures from the athletic commission fund shall only be
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made on vouchers issued and signed by the person designated by
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the commission upon warrants drawn by the department of finance
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and administration in accordance with the budget approved by
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the department of finance and administration] by the
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0021| commission in an account in a federally insured financial
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0022| institution in New Mexico. Money in the account shall be
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0023| withdrawn on the order of the commission or its designee and
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0024| used only to carry out the commission's duties pursuant to the
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0025| Professional Athletic Competition Act.
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0001| B. In accordance with the provisions of the Audit
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0002| Act, the state auditor may examine the accounts and books of
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0003| the commission, including its receipts, disbursements,
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0004| contracts, leases and other records relating to the performance
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0005| of its duties pursuant to the Professional Athletic Competition
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0006| Act. In addition, the governor may call for any additional,
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0007| special audits by the state auditor whenever deemed necessary
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0008| for the protection and oversight of commission funds.
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0009| C. Money of the commission is not public money or
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0010| state funds within the meaning of any law of the state relating
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0011| to investment, deposit, security or expenditure of public
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0012| money."
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0013| Section 12. Section 61-2-6 NMSA 1978 (being Laws 1973,
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0014| Chapter 353, Section 5, as amended) is amended to read:
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0015| "61-2-6. ORGANIZATION--MEETINGS--COMPENSATION--POWERS AND
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0016| DUTIES.--
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0017| A. The board shall annually elect a chairman, a vice
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0018| chairman and a secretary-treasurer, each of whom shall serve
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0019| until his successor is elected and qualified.
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0020| B. The board shall meet at least annually for the
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0021| purpose of examining candidates for licensure. Special
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0022| meetings may be called by the chairman and shall be called upon
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0023| the written request of a majority of the board members. A
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0024| majority of the board members currently serving constitutes a
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0025| quorum.
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0001| C. Members of the board [may be reimbursed as
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provided in the Per Diem and Mileage Act but shall receive no
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other compensation, perquisite or allowance] shall serve
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0004| without compensation other than reasonable reimbursement for
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0005| mileage and per diem as determined by the board and paid from
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0006| board funds.
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0007| D. The board shall:
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0008| (1) administer and enforce the provisions of the
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0009| Optometry Act;
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0010| (2) adopt, publish and file, in accordance with
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0011| the Uniform Licensing Act and the State Rules Act, all rules
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0012| and regulations for the implementation and enforcement of the
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0013| provisions of the Optometry Act;
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0014| (3) adopt and use a seal;
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0015| (4) administer oaths and take testimony on any
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0016| matters within the board's jurisdiction;
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0017| (5) keep an accurate record of all its meetings,
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0018| receipts and disbursements;
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0019| (6) keep a record of all examinations held,
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0020| together with the names and addresses of all persons taking the
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0021| examinations and the examination results. Within thirty days
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0022| after any examination, the board shall give written notice to
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0023| each applicant examined of the results of the examination as to
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0024| the respective applicant;
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0025| (7) certify as passing each applicant who
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0001| obtains a grade of at least seventy-five percent on each
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0002| subject upon which he is examined; providing that any applicant
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0003| failing may apply for re-examination at the next scheduled
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0004| examination date;
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0005| (8) keep a book of registration in which the
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0006| name, address and license number of all licensees shall be
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0007| recorded, together with a record of all license renewals,
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0008| suspensions and revocations;
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0009| (9) grant, deny, renew, suspend or revoke
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0010| licenses to practice optometry in accordance with the
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0011| provisions of the Uniform Licensing Act for any cause stated in
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0012| the Optometry Act;
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0013| (10) develop and administer qualifications for
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0014| certification for the use of topical ocular pharmaceutical
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0015| agents and oral pharmaceutical agents as authorized in Section
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0016| 61-2-10.2 NMSA 1978, including minimum educational requirements
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0017| and examination, as required by Section 61-2-10 NMSA 1978, and
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0018| provide the board of pharmacy with an annual list of
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0019| optometrists certified to use topical ocular pharmaceutical
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0020| agents and oral pharmaceutical agents as authorized in Section
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0021| 61-2-10.2 NMSA 1978; and
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0022| (11) provide for the suspension of an
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0023| optometrist's license for sixty days upon a determination of
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0024| use of pharmaceutical agents without prior certification in
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0025| accordance with Section 61-2-10 NMSA 1978, after proper notice
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0001| and an opportunity to be heard before the board. [and
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(12) have the power to]
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0003| E. The board may:
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0004| (1) employ agents or [attorneys] other staff
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0005| it deems necessary to assist it in carrying out its duties
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0006| pursuant to the Optometry Act, and the board may provide for
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0007| health insurance or other benefits for those employees. Except
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0008| as otherwise provided in that act, employees serve at the
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0009| pleasure of the board and are exempt from the provisions of the
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0010| Personnel Act; and
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0011| (2) enter into contracts."
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0012| Section 13. Section 61-2-7 NMSA 1978 (being Laws 1973,
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0013| Chapter 353, Section 6) is amended to read:
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0014| "61-2-7. [DISPOSITION OF] BOARD FUNDS--[OPTOMETRY
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FUND CREATED--METHOD OF PAYMENTS--]BONDS.--
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0016| [A. There is created the "optometry fund".
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B. All funds received by the board and money
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collected under the Optometry Act shall be deposited with the
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state treasurer who shall place the same to the credit of the
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optometry fund.
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C. All payments out of the optometry fund shall be
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made on vouchers issued and signed by the secretary-treasurer
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of the board upon warrants drawn by the department of finance
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and administration in accordance with the budget approved by
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that department.
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D. All amounts in the optometry fund shall be subject
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to the order of the board and shall be used only for the
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purpose of meeting necessary expenses incurred in:
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(1) the performance of the provisions of the
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Optometry Act and the duties and powers imposed thereby; and
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(2) the promotion of optometric education and
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standards in this state within the budgetary limits.
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E. All funds which may have accumulated to the credit
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of the board under any previous law shall be transferred to the
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optometry fund and shall continue to be available for use by
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the optometry board in accordance with the provisions of the
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Optometry Act. All money unused at the end of the fiscal year
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shall not revert but shall remain in the optometry fund for use
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in accordance with the provisions of the Optometry Act.]
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0015| A. All money received by the board from fees
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0016| provided for in the Optometry Act shall be deposited in an
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0017| account in a federally insured financial institution qualified
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0018| to do business in New Mexico. The money in the account shall
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0019| be withdrawn on the order of the board or its designee and be
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0020| used only to carry out the board's duties pursuant to that act.
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0021| B. In accordance with the provisions of the Audit
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0022| Act, the state auditor may examine the accounts and books of
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0023| the board, including its receipts, disbursements, contracts,
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0024| leases and other records relating to the performance of its
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0025| duties pursuant to the Optometry Act. In addition, the
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0001| governor may call for any additional, special audits to be
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0002| conducted by the state auditor whenever deemed necessary for
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0003| the protection and oversight of board funds.
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0004| C. Money of the board is not public money or state
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0005| funds within the meaning of any law of the state relating to
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0006| investment, deposit, security or expenditure of public money.
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0007| [F.] D. The secretary-treasurer of the board
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0008| and any employee of the board who handles money or who
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0009| certifies the receipt or disbursal of money received by the
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0010| board shall, within thirty days after election or employment by
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0011| the board, execute a bond in accordance with the provisions of
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0012| the Surety Bond Act, conditioned on the faithful performance of
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0013| the duties of the office or position and on an accounting of
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0014| all funds coming into his hands.
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0015| [G. The secretary-treasurer shall make, at the end
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of each fiscal year, an itemized report to the governor of all
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receipts and disbursements of the board for the prior fiscal
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year, together with a report of the records and information
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required by the Optometry Act. A copy of the annual report to
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the governor shall be presented to the board at its first
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meeting in July of each year.]"
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0022| Section 14. A new section of the Optometry Act is enacted
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0023| to read:
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0024| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
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0025| board, the attorney general shall provide such legal services
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0001| to the board necessary for the administration of the Optometry
|
0002| Act; provided, however, the board may, in its discretion,
|
0003| employ or contract for the services of other attorneys to
|
0004| assist it in the administration of that act."
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0005| Section 15. A new section of the Optometry Act is enacted
|
0006| to read:
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0007| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0008| A. The board is specifically exempted from the
|
0009| provisions of the Procurement Code, the Art in Public Places
|
0010| Act, the Information and Communication Management Act and
|
0011| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0012| through 15-3-34 NMSA 1978.
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0013| B. The board is also specifically exempted from the
|
0014| provisions of the Deferred Compensation Act, the Group Benefits
|
0015| Act, the Public Employee Bargaining Act, the Per Diem and
|
0016| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0017| provided, however, that an employee of the regulation and
|
0018| licensing department who subsequently becomes employed by the
|
0019| board without a break in service may, by agreement of the
|
0020| board, continue to participate in and be covered by those acts
|
0021| until separation from employment with the board. Where
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0022| required under those acts, the board shall make contributions
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0023| for any such employee so participating.
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0024| C. The board is also specifically exempted from the
|
0025| provisions of the Public Employees Retirement Act and the
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0001| Retiree Health Care Act; provided, however, that an employee of
|
0002| the regulation and licensing department who subsequently
|
0003| becomes employed by the board without a break in service may,
|
0004| by agreement of the board, continue to participate in the
|
0005| public employee retirement system under the terms and
|
0006| conditions of the Public Employees Retirement Act and the
|
0007| retiree health care system under the terms and conditions of
|
0008| the Retiree Health Care Act until separation from employment
|
0009| with the board. The board shall make contributions as required
|
0010| by those acts for any such employee so participating.
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0011| D. The board is also specifically exempted from the
|
0012| provisions of the Personnel Act; provided, however, that an
|
0013| employee in the classified service in the regulation and
|
0014| licensing department who subsequently becomes employed by the
|
0015| board without a break in service may, by agreement of the
|
0016| board, remain in the classified service and be covered by the
|
0017| Personnel Act until separation from employment with the board.
|
0018| For all other employees, the board may adopt its own employment
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0019| policies."
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0020| Section 16. A new section of the Optometry Act is enacted
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0021| to read:
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0022| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0023| board, as an organization and its individual members and
|
0024| employees, is specifically subject to and covered by the
|
0025| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0001| Act, the Inspection of Public Records Act, the Public Records
|
0002| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0003| Financial Disclosure Act and any other state law applicable to
|
0004| the board unless otherwise specifically exempted in the
|
0005| Optometry Act."
|
0006| Section 17. Section 61-2-18 NMSA 1978 (being Laws 1979,
|
0007| Chapter 12, Section 3, as amended) is amended to read:
|
0008| "61-2-18. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--
|
0009| The board of optometry is terminated on July 1, [1997] 2003
|
0010| pursuant to the Sunset Act. The board shall continue to
|
0011| operate according to the provisions of Chapter 61, Article 2
|
0012| NMSA 1978 until July 1, [1998] 2004. Effective July 1,
|
0013| [1998 Article 2 of] 2004, Chapter 61, Article 2 NMSA 1978
|
0014| is repealed."
|
0015| Section 18. Section 61-4-3 NMSA 1978 (being Laws 1968,
|
0016| Chapter 3, Section 3, as amended) is amended to read:
|
0017| "61-4-3. BOARD CREATED--APPOINTMENT--OFFICERS--DUTIES--
|
0018| COMPENSATION.--
|
0019| A. There is created the "chiropractic board". The
|
0020| board shall consist of six persons. Four shall have been
|
0021| continuously engaged in the practice of chiropractic in New
|
0022| Mexico for five years immediately prior to their appointment.
|
0023| Two persons shall represent the public and shall not have
|
0024| practiced chiropractic in this state or any other jurisdiction.
|
0025| No person shall be appointed to the board who is an officer or
|
0001| employee of or who is financially interested in any school or
|
0002| college of chiropractic, medicine, surgery or osteopathy.
|
0003| B. Members of the board shall be appointed by the
|
0004| governor for staggered terms [one of the members shall be
|
appointed for a term ending July 1, 1980, one for a term ending
|
July 1, 1981, one for a term ending July 1, 1982, one for a
|
term ending July 1, 1983 and one for a term ending July 1,
|
1984. Thereafter, appointments shall be made for terms] of
|
0009| five years or less and [be made] in such a manner that the
|
0010| term of one board member expires on July 1 of each year. A
|
0011| list of five names for each professional member vacancy shall
|
0012| be submitted by the New Mexico chiropractic associations to the
|
0013| governor for his consideration in the appointment of board
|
0014| members. A vacancy shall be filled by appointment for the
|
0015| unexpired term. Board members shall serve until their
|
0016| successors have been appointed and qualified.
|
0017| C. The board shall annually elect a chairman and a
|
0018| secretary-treasurer. A majority of the board constitutes a
|
0019| quorum. The board shall meet quarterly. Special meetings may
|
0020| be called by the chairman and shall be called upon the written
|
0021| request of two members of the board. Notification of special
|
0022| meetings shall be made by certified mail unless such notice is
|
0023| waived by the entire board and the action noted in the minutes.
|
0024| Notice of all regular meetings shall be made by regular mail at
|
0025| least ten days prior to the meeting, and copies of the minutes
|
0001| of all meetings shall be mailed to each board member within
|
0002| thirty days after any meeting.
|
0003| D. Any board member failing to attend three
|
0004| consecutive meetings, either regular or special, shall
|
0005| automatically be removed as a member of the board.
|
0006| E. The board shall adopt a seal.
|
0007| F. The board shall promulgate and file, in accordance
|
0008| with the State Rules Act, all rules and regulations necessary
|
0009| for the implementation and enforcement of the provisions of the
|
0010| Chiropractic Physician Practice Act, including educational
|
0011| requirements for a chiropractic assistant.
|
0012| G. The board shall cause examinations to be held at
|
0013| least twice a year, and all applicants shall be notified in
|
0014| writing of each examination.
|
0015| H. The board, for the [purpose] purposes of
|
0016| protecting the health and well-being of the citizens of this
|
0017| state and maintaining and continuing informed professional
|
0018| knowledge and awareness, shall establish by regulations adopted
|
0019| in accordance with the provisions of the Uniform Licensing Act
|
0020| mandatory continuing education requirements for chiropractors
|
0021| licensed in this state.
|
0022| I. Failure to comply with the rules and regulations
|
0023| adopted by the board shall be grounds for investigation, which
|
0024| may lead to revocation of license.
|
0025| J. Members of the board shall [be reimbursed as
|
provided in the Per Diem and Mileage Act, but shall receive no
|
other compensation, perquisite or allowance for each day
|
necessarily spent in the discharge of their duties] serve
|
0004| without compensation other than reasonable reimbursement for
|
0005| mileage and per diem as determined by the board and paid from
|
0006| board funds.
|
0007| K. The board may employ such staff as it deems
|
0008| necessary to assist it in carrying out its duties pursuant to
|
0009| the Chiropractic Physician Practice Act and may provide for
|
0010| health insurance or other benefits for its staff. Except as
|
0011| provided in that act, employees serve at the pleasure of the
|
0012| board and are exempt from the provisions of the Personnel Act.
|
0013| L. The board may enter into contracts."
|
0014| Section 19. A new section of the Chiropractic Physician
|
0015| Practice Act is enacted to read:
|
0016| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0017| board, the attorney general shall provide such legal services
|
0018| to the board necessary for the administration of the
|
0019| Chiropractic Physician Practice Act; provided, however, the
|
0020| board may, in its discretion, employ or contract for the
|
0021| services of other attorneys to assist it in the administration
|
0022| of that act."
|
0023| Section 20. A new section of the Chiropractic Physician
|
0024| Practice Act is enacted to read:
|
0025| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0001| A. The board is specifically exempted from the
|
0002| provisions of the Procurement Code, the Art in Public Places
|
0003| Act, the Information and Communication Management Act and
|
0004| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0005| through 15-3-34 NMSA 1978.
|
0006| B. The board is also specifically exempted from the
|
0007| provisions of the Deferred Compensation Act, the Group Benefits
|
0008| Act, the Public Employee Bargaining Act, the Per Diem and
|
0009| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0010| provided, however, that an employee of the regulation and
|
0011| licensing department who subsequently becomes employed by the
|
0012| board without a break in service may, by agreement of the
|
0013| board, continue to participate in and be covered by those acts
|
0014| until separation from employment with the board. Where
|
0015| required pursuant to those acts, the board shall make
|
0016| contributions for the participating employee.
|
0017| C. The board is also specifically exempted from the
|
0018| provisions of the Public Employees Retirement Act and the
|
0019| Retiree Health Care Act; provided, however, that an employee of
|
0020| the regulation and licensing department who subsequently
|
0021| becomes employed by the board without a break in service may,
|
0022| by agreement of the board, continue to participate in the
|
0023| public employee retirement system under the terms and
|
0024| conditions of the Public Employees Retirement Act and the
|
0025| retiree health care system under the terms and conditions of
|
0001| the Retiree Health Care Act until separation from employment
|
0002| with the board. The board shall make contributions as required
|
0003| by those acts for the participating employee.
|
0004| D. The board is also specifically exempted from the
|
0005| provisions of the Personnel Act; provided, however, that an
|
0006| employee in the classified service in the regulation and
|
0007| licensing department who subsequently becomes employed by the
|
0008| board without a break in service may, by agreement of the
|
0009| board, remain in the classified service and be covered by the
|
0010| Personnel Act until separation from employment with the board.
|
0011| For all other employees, the board may adopt its own employment
|
0012| policies."
|
0013| Section 21. A new section of the Chiropractic Physician
|
0014| Practice Act is enacted to read:
|
0015| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0016| board, as an organization and its individual members and
|
0017| employees, is specifically subject to and covered by the
|
0018| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0019| Act, the Inspection of Public Records Act, the Public Records
|
0020| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0021| Financial Disclosure Act and any other state law applicable to
|
0022| the board unless otherwise specifically exempted in the
|
0023| Chiropractic Physician Practice Act."
|
0024| Section 22. Section 61-4-7 NMSA 1978 (being Laws 1968,
|
0025| Chapter 3, Section 7, as amended) is amended to read:
|
0001| "61-4-7. [DISPOSITION OF] BOARD FUNDS--[CHIROPRACTIC
|
FUND
|
CREATED--]METHOD OF PAYMENT--BOND.--
|
0004| [A. There is created the "chiropractic fund".
|
B. All funds received by the board and money
|
collected under the Chiropractic Physician Practice Act shall
|
be deposited with the state treasurer. The state treasurer
|
shall place the money to the credit of the chiropractic fund.
|
C. Payments out of the chiropractic fund shall be
|
made on vouchers issued and signed by the secretary of the
|
board upon warrants drawn by the department of finance and
|
administration in accordance with the budget approved by the
|
department of finance and administration.
|
D. All amounts paid into the chiropractic fund shall
|
be subject to the order of the board and shall only be used for
|
the purpose of meeting necessary expenses incurred in the
|
performance of the purposes of the Chiropractic Physician
|
Practice Act, the duties imposed by that act and the promotion
|
of chiropractic education and standards in this state. All
|
money unused at the end of the fiscal year shall remain in the
|
chiropractic fund for use in accordance with the provisions of
|
the Chiropractic Physician Practice Act to further its
|
purpose.]
|
0024| A. All money received by the board from fees
|
0025| provided for in the Chiropractic Physician Practice Act shall
|
0001| be deposited in an account in a federally insured financial
|
0002| institution qualified to do business in New Mexico. The money
|
0003| in the account shall be withdrawn on the order of the board or
|
0004| its designee and shall be used only to carry out the board's
|
0005| duties pursuant to that act.
|
0006| B. In accordance with the provisions of the Audit
|
0007| Act, the state auditor may examine the accounts and books of
|
0008| the board, including its receipts, disbursements, contracts,
|
0009| leases and other records relating to the performance of its
|
0010| duties. In addition, the governor may call for additional,
|
0011| special audits by the state auditor whenever deemed necessary
|
0012| for the protection and oversight of board funds.
|
0013| C. Money of the board is not public money or state
|
0014| funds within the meaning of any law of the state relating to
|
0015| investment, deposit, security or expenditure of public money.
|
0016| [E.] D. All funds that may have accumulated to
|
0017| the credit of the board under any previous act shall be
|
0018| continued for use by the board in the administration of the
|
0019| Chiropractic Physician Practice Act.
|
0020| [F.] E. The [treasurer] secretary-treasurer
|
0021| of the board shall give bond in the amount of five thousand
|
0022| dollars ($5,000) for the faithful discharge of his duties, in
|
0023| such form as meets the approval of the board. The
|
0024| [treasurer] secretary-treasurer shall make, at the first
|
0025| meeting after July 1 of each year, an itemized report of all
|
0001| receipts and disbursements of the board for the prior year.
|
0002| [G.] F. The board shall, by rule, designate a
|
0003| portion of the annual licensing fee for the exclusive purposes
|
0004| of investigating and funding hearings regarding complaints
|
0005| against doctors of chiropractic."
|
0006| Section 23. Section 61-4-17 NMSA 1978 (being Laws 1979,
|
0007| Chapter 77, Section 2, as amended) is amended to read:
|
0008| "61-4-17. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--
|
0009| The chiropractic board is terminated on July 1, [1997] 2003
|
0010| pursuant to the Sunset Act. The board shall continue to
|
0011| operate according to the provisions of Chapter 61, Article 4
|
0012| NMSA 1978 until July 1, [1998] 2004. Effective July 1,
|
0013| [1998, Article 4 of] 2004, Chapter 61, Article 4 NMSA
|
0014| 1978 is repealed."
|
0015| Section 24. Section 61-5A-1 NMSA 1978 (being Laws 1994,
|
0016| Chapter 55, Section 1) is amended to read:
|
0017| "61-5A-1. SHORT TITLE.--[Sections 1 through 29 of this
|
act] Chapter 61, Article 5A NMSA 1978 may be cited as the
|
0019| "Dental Health Care Act"."
|
0020| Section 25. Section 61-5A-8 NMSA 1978 (being Laws 1994,
|
0021| Chapter 55, Section 8) is amended to read:
|
0022| "66-5A-8. BOARD CREATED.--
|
0023| A. There is created the nine-member "New Mexico board
|
0024| of dental health care". The board shall consist of five
|
0025| dentists, two dental hygienists and two public members. The
|
0001| dentists shall be actively practicing and have been licensed
|
0002| practitioners and residents of New Mexico for a period of five
|
0003| years preceding the date of appointment. The dental hygienist
|
0004| members shall be members of the committee and shall be elected
|
0005| annually to sit on the board by those sitting on the committee.
|
0006| The appointed public members shall be residents of New Mexico
|
0007| and shall have no financial interest, direct or indirect, in
|
0008| the professions regulated in the Dental Health Care Act.
|
0009| B. The governor may appoint the dentist members from
|
0010| a list of names submitted by the New Mexico dental association.
|
0011| There shall be one member from each district. All board
|
0012| members shall serve until their successors have been appointed
|
0013| and qualified. No member shall be employed by or receive
|
0014| remuneration from a dental or dental hygiene educational
|
0015| institution.
|
0016| C. Appointments for dentists and public members shall
|
0017| be for terms of five years. Dentists' appointments shall be
|
0018| made so that the term of one dentist member expires on July 1
|
0019| of each year. Public members' five-year terms begin at the
|
0020| date of appointment.
|
0021| D. Any board member failing to attend three board or
|
0022| committee meetings, either regular or special, during the board
|
0023| member's term shall automatically be removed as a member of the
|
0024| board unless excused from attendance by the board for good
|
0025| cause shown.
|
0001| E. No board member shall serve more than two full
|
0002| terms.
|
0003| F. In the event of any vacancy, the secretary of the
|
0004| board shall immediately notify the governor, the board and
|
0005| [the] committee members and the New Mexico dental association
|
0006| of the reason for its occurrence and action taken by the board,
|
0007| so as to expedite appointment of a new board member.
|
0008| G. The board shall meet quarterly every year. The
|
0009| board may also hold special meetings and emergency meetings in
|
0010| accordance with rules of the board upon written notice to all
|
0011| members of the board and committee.
|
0012| H. Members of the board shall [be reimbursed as
|
provided in the Per Diem and Mileage Act and shall receive no
|
other compensation, perquisite or allowance] serve without
|
0015| compensation other than reasonable reimbursement for mileage
|
0016| and per diem as determined by the board and paid from board
|
0017| funds; provided, however, the secretary-treasurer may be
|
0018| compensated at the discretion of the board.
|
0019| I. A simple majority of the board members currently
|
0020| serving shall constitute a quorum, provided at least two of
|
0021| that quorum are not dentist members and three are dentist
|
0022| members.
|
0023| J. The board shall elect officers annually as deemed
|
0024| necessary to administer its duties and as provided in its
|
0025| rules and regulations."
|
0001| Section 26. Section 61-5A-9 NMSA 1978 (being Laws 1994,
|
0002| Chapter 55, Section 9) is amended to read:
|
0003| "61-5A-9. COMMITTEE CREATED.--
|
0004| A. There is created the seven-member "New Mexico
|
0005| dental hygienists committee". The committee shall consist of
|
0006| five dental hygienists, one dentist and one public member. The
|
0007| dental hygienists [must] shall be actively practicing and
|
0008| have been licensed practitioners and residents of New Mexico
|
0009| for a period of five years preceding the date of their
|
0010| appointment. The dentist and public member shall be members of
|
0011| the board and shall be elected annually to sit on the committee
|
0012| by those members sitting on the board.
|
0013| B. The governor may appoint the dental hygienists
|
0014| from a list of names submitted by the New Mexico dental
|
0015| hygienists' association. There may be one member from each
|
0016| district. The list submitted shall consist, whenever possible,
|
0017| of names of dental hygienists in the district being considered
|
0018| but may also include names of dental hygienists at large. No
|
0019| more than two dental hygienists shall serve from the same
|
0020| district at one time. All members shall serve until their
|
0021| successors have been appointed and qualified. No member
|
0022| shall be employed by or receive remuneration from a dental or
|
0023| dental hygiene educational institution.
|
0024| C. Appointments for dental hygienist members shall
|
0025| be for terms of five years. Appointments shall be made so that
|
0001| the term of one dental hygienist expires on July 1 of each
|
0002| year.
|
0003| D. Any committee member failing to attend three
|
0004| committee or board meetings, either regular or special, during
|
0005| the committee member's term shall automatically be removed as a
|
0006| member of the committee unless excused from attendance by the
|
0007| committee for good cause shown. Members of the committee not
|
0008| sitting on the board shall not be required to attend board
|
0009| disciplinary hearings.
|
0010| E. No committee member shall serve more than two full
|
0011| terms.
|
0012| F. In the event of any vacancy, the secretary of the
|
0013| committee shall immediately notify the governor, the committee
|
0014| and board members and the New Mexico dental hygienists'
|
0015| association of the reason for its occurrence and action taken
|
0016| by the committee, so as to expedite appointment of a new
|
0017| committee member.
|
0018| G. The committee shall meet quarterly every year.
|
0019| The committee may also hold special meetings and emergency
|
0020| meetings in accordance with [the] rules and regulations of
|
0021| the board upon written notification to all members of the
|
0022| committee and the board.
|
0023| H. Members of the committee shall [be reimbursed as
|
provided in the Per Diem and Mileage Act and shall receive no
|
other compensation, perquisite or allowance] serve without
|
0001| compensation other than reasonable reimbursement for mileage
|
0002| and per diem as determined by the board and paid from board
|
0003| funds.
|
0004| I. A simple majority of the committee members
|
0005| currently serving shall constitute a quorum, provided at least
|
0006| one of that quorum is not a hygienist member.
|
0007| J. The committee shall elect officers annually as
|
0008| deemed necessary to administer its duties and as provided in
|
0009| rules and regulations."
|
0010| Section 27. Section 61-5A-10 NMSA 1978 (being Laws 1994,
|
0011| Chapter 55, Section 10) is amended to read:
|
0012| "61-5A-10. POWERS AND DUTIES OF THE BOARD AND
|
0013| COMMITTEE.--In addition to any other authority provided by law,
|
0014| the board or the committee shall have the power to:
|
0015| A. enforce and administer the provisions of the
|
0016| Dental Health Care Act;
|
0017| B. adopt, publish, [and] file and revise, in
|
0018| accordance with the Uniform Licensing Act and the State Rules
|
0019| Act, all rules and regulations as may be necessary to:
|
0020| (1) regulate the examination and licensure of
|
0021| dentists and, through the committee, regulate the examination
|
0022| and licensure of dental hygienists;
|
0023| (2) provide for the examination and
|
0024| certification of dental assistants by the board;
|
0025| (3) provide for the regulation of dental
|
0001| technicians by the board; and
|
0002| (4) regulate the practice of dentistry, dental
|
0003| assisting and, through the committee, regulate the practice of
|
0004| dental hygiene;
|
0005| C. adopt and use a seal;
|
0006| D. administer oaths to all applicants, witnesses and
|
0007| others appearing before the board or the committee, as
|
0008| appropriate;
|
0009| E. keep an accurate record of all meetings, receipts
|
0010| and disbursements;
|
0011| F. grant, deny, review, suspend and revoke licenses
|
0012| and certificates to practice dentistry, dental assisting and,
|
0013| through the committee, dental hygiene; and censure, reprimand,
|
0014| fine and place on probation and stipulation dentists, dental
|
0015| assistants and, through the committee, dental hygienists, in
|
0016| accordance with the Uniform Licensing Act for any cause stated
|
0017| in the Dental Health Care Act;
|
0018| G. maintain records in which the name, address and
|
0019| license number of all licensees shall be recorded, together
|
0020| with a record of all license renewals, suspensions,
|
0021| revocations, probations, stipulations, censures, reprimands and
|
0022| fines;
|
0023| H. hire staff and administrators as necessary to
|
0024| carry out the provisions of the Dental Health Care Act and
|
0025| provide for health insurance or other benefits for those
|
0001| persons. Except as otherwise provided in that act, employees
|
0002| of the board or committee serve at the pleasure of the board or
|
0003| committee and are exempt from the provisions of the Personnel
|
0004| Act;
|
0005| I. establish ad hoc committees whose members shall be
|
0006| appointed by the chairman with the advice and consent of the
|
0007| board or committee, as it deems necessary for carrying on its
|
0008| business;
|
0009| J. [have the authority to] pay per diem and mileage
|
0010| to individuals who are appointed by the board or the committee
|
0011| to serve on ad hoc committees;
|
0012| K. [have the authority to] hire or contract with
|
0013| investigators to investigate possible violations of the Dental
|
0014| Health Care Act;
|
0015| L. [have the authority to] hire an attorney to give
|
0016| advice and counsel in regard to any matter connected with the
|
0017| duties of the board [and] or the committee, to represent
|
0018| the board or the committee in any legal proceedings and to aid
|
0019| in the enforcement of the laws in relation to the Dental Health
|
0020| Care Act and to fix the compensation to be paid to such
|
0021| attorney; provided, however, such attorney shall be compensated
|
0022| from the funds of the board. Alternatively, the board may
|
0023| request the attorney general to provide legal services to the
|
0024| board necessary for the administration of that act;
|
0025| M. [have the authority to] issue investigative
|
0001| subpoenas prior to the issuance of a notice of contemplated
|
0002| action for the purpose of investigating complaints against
|
0003| dentists, dental assistants and, through the committee, dental
|
0004| hygienists licensed under the Dental Health Care Act; [and]
|
0005| N. establish continuing education or continued
|
0006| competency requirements for dentists, certified dental
|
0007| assistants in expanded functions, dental technicians and,
|
0008| through the committee, dental hygienists; and
|
0009| O. enter into contracts."
|
0010| Section 28. A new section of the Dental Health Care Act
|
0011| is enacted to read:
|
0012| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0013| A. The board is specifically exempted from the
|
0014| provisions of the Procurement Code, the Art in Public Places
|
0015| Act, the Information and Communication Management Act and
|
0016| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0017| through 15-3-34 NMSA 1978.
|
0018| B. The board is also specifically exempted from the
|
0019| provisions of the Deferred Compensation Act, the Group Benefits
|
0020| Act, the Public Employee Bargaining Act, the Per Diem and
|
0021| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0022| provided, however, that an employee of the regulation and
|
0023| licensing department who subsequently becomes employed by the
|
0024| board without a break in service may, by agreement of the
|
0025| board, continue to participate in and be covered by those acts
|
0001| until separation from employment with the board. Where
|
0002| required under those acts, the board shall make contributions
|
0003| for the participating employee.
|
0004| C. The board is also specifically exempted from the
|
0005| provisions of the Public Employees Retirement Act and the
|
0006| Retiree Health Care Act; provided, however, that an employee of
|
0007| the regulation and licensing department who subsequently
|
0008| becomes employed by the board without a break in service may,
|
0009| by agreement of the board, continue to participate in the
|
0010| public employee retirement system under the terms and
|
0011| conditions of the Public Employees Retirement Act and the
|
0012| retiree health care system under the terms and conditions of
|
0013| the Retiree Health Care Act until separation from employment
|
0014| with the board. The board shall make contributions as required
|
0015| by those acts for the participating employee.
|
0016| D. The board is also specifically exempted from the
|
0017| provisions of the Personnel Act; provided, however, that an
|
0018| employee in the classified service in the regulation and
|
0019| licensing department who subsequently becomes employed by the
|
0020| board without a break in service may, by agreement of the
|
0021| board, remain in the classified service and be covered by the
|
0022| Personnel Act until separation from employment with the board.
|
0023| For all other employees, the board may adopt its own employment
|
0024| policies."
|
0025| Section 29. A new section of the Dental Health Care Act
|
0001| is enacted to read:
|
0002| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0003| board, as an organization and its individual members and
|
0004| employees, is specifically subject to and covered by the
|
0005| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0006| Act, the Inspection of Public Records Act, the Public Records
|
0007| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0008| Financial Disclosure Act and any other state law applicable to
|
0009| the board unless otherwise specifically exempted in the Dental
|
0010| Health Care Act."
|
0011| Section 30. Section 61-5A-26 NMSA 1978 (being Laws 1994,
|
0012| Chapter 55, Section 26) is repealed and a new Section 61-5A-26
|
0013| NMSA 1978 is enacted to read:
|
0014| "61-5A-26. [NEW MATERIAL] BOARD FUNDS.--
|
0015| A. All money received by the board from fees provided
|
0016| for in the Dental Health Care Act shall be deposited in an
|
0017| account in a federally insured financial institution qualified
|
0018| to do business in New Mexico. Money in the account shall be
|
0019| withdrawn on the order of the board or its designee and be used
|
0020| only to carry out the board's duties pursuant to that act.
|
0021| Fees collected by the board from fines shall be deposited in
|
0022| the board's account and, at the discretion of the board and
|
0023| committee, may be transferred into the impaired dentists and
|
0024| dental hygienists fund created in Section 61-5B-11 NMSA 1978.
|
0025| B. In accordance with the provisions of the Audit
|
0001| Act, the state auditor may examine the accounts and books of
|
0002| the board, including its receipts, disbursements, contracts,
|
0003| leases and other records relating to the performance of its
|
0004| duties pursuant to the Dental Health Care Act. In addition,
|
0005| the governor may call for any additional, special audits by the
|
0006| state auditor whenever deemed necessary for the protection and
|
0007| oversight of board funds.
|
0008| C. Money of the board is not public money or state
|
0009| funds within the meaning of any law of the state relating to
|
0010| investment, deposit, security or expenditure of public money."
|
0011| Section 31. Section 61-5A-30 NMSA 1978 (being Laws 1994,
|
0012| Chapter 55, Section 42) is amended to read:
|
0013| "61-5A-30. DELAYED REPEAL.--The New Mexico board of
|
0014| dental health care is terminated on July 1, [1997] 2003
|
0015| pursuant to the Sunset Act. The board shall continue to
|
0016| operate according to the provisions of the Dental Health Care
|
0017| Act and the Impaired Dentists and Dental Hygienists Act until
|
0018| July 1, [1998] 2004. Effective July 1, [1998] 2004,
|
0019| the Dental Health Care Act and the Impaired Dentists and Dental
|
0020| Hygienists Act are repealed."
|
0021| Section 32. Section 61-5B-11 NMSA 1978 (being Laws 1994,
|
0022| Chapter 55, Section 40) is amended to read:
|
0023| "61-5B-11. IMPAIRED DENTISTS AND DENTAL HYGIENISTS FUND
|
0024| CREATED.--
|
0025| A. There is created an "impaired dentists and dental
|
0001| [hygienist] hygienists fund".
|
0002| B. The impaired dentists and dental hygienists fund
|
0003| shall be initially established by an assessment to all
|
0004| licensees as determined by the board and the dental hygienists
|
0005| committee.
|
0006| C. All [funds] money received by the board for an
|
0007| impaired assessment, either special or at time of relicensure,
|
0008| shall be deposited [with the state treasurer. The state
|
treasurer shall credit this money to the impaired dentists and
|
dental hygienists fund.
|
D. Payments out of the fund shall be on vouchers
|
issued and signed by the secretary-treasurer of the board upon
|
warrants drawn by the department of finance and administration
|
in accordance with the responsibilities of the board as
|
approved by that department] by the board in an account in a
|
0016| federally insured financial institution qualified to do
|
0017| business in New Mexico. Money in the account shall be separate
|
0018| from other board funds provided for in Section 61-5A-26 NMSA
|
0019| 1978, unless the board, in its discretion as granted under that
|
0020| section, transfers board money into the impaired dentists and
|
0021| dental hygienists fund.
|
0022| [E.] D. All amounts paid into the impaired
|
0023| dentists and dental hygienists fund are subject to the order
|
0024| of the board and are to be used only for meeting necessary
|
0025| expenses incurred in executing the provisions and duties of the
|
0001| Impaired Dentists and Dental Hygienists Act. All money unused
|
0002| at the end of any fiscal year shall remain in the fund for use
|
0003| in accordance with provisions of the Impaired Dentists and
|
0004| Dental Hygienists Act.
|
0005| E. In accordance with the Audit Act, the state
|
0006| auditor may examine the accounts and books of the board,
|
0007| including its receipts, disbursements, contracts, leases and
|
0008| other records relating to the performance of its duties under
|
0009| the Impaired Dentists and Dental Hygienists Act. In addition,
|
0010| the governor may call for additional, special audits to be
|
0011| conducted by the state auditor whenever deemed necessary for
|
0012| the protection and oversight of board funds. Money in the
|
0013| impaired dentists and dental hygienists fund is not public
|
0014| money or state funds within the meaning of any law of the state
|
0015| relating to investment, deposit, security or expenditure of
|
0016| public money.
|
0017| F. Licensees shall be assessed an impaired fee at the
|
0018| time of renewal. The amount of the impaired fee shall be
|
0019| determined by the board and the committee and shall be
|
0020| established to meet the need for enforcing the Impaired
|
0021| Dentists and Dental Hygienists Act.
|
0022| G. The impaired dentists and dental hygienists fund
|
0023| shall be used for the purpose of administration, testing,
|
0024| monitoring, hearings and consultation fees by the board or
|
0025| dental hygienists committee or their agent, which are necessary
|
0001| to enforce the Impaired Dentists and Dental Hygienists Act. It
|
0002| is not the purpose of the fund to pay for treatment of impaired
|
0003| dentists and dental hygienists."
|
0004| Section 33. Section 61-7A-1 NMSA 1978 (being Laws 1989,
|
0005| Chapter 387, Section 1) is amended to read:
|
0006| "61-7A-1. SHORT TITLE.--[Sections 1 through 15 of this
|
act] Chapter 61, Article 7A NMSA 1978 may be cited as the
|
0008| "Nutrition and Dietetics Practice Act"."
|
0009| Section 34. Section 61-7A-5 NMSA 1978 (being Laws 1989,
|
0010| Chapter 387, Section 5, as amended) is amended to read:
|
0011| "61-7A-5. BOARD CREATED.--
|
0012| A. There is created the "nutrition and dietetics
|
0013| practice board" [administratively attached to the regulation
|
and licensing department]. The board shall consist of five
|
0015| members who are New Mexico residents and who are appointed by
|
0016| the governor for staggered three-year terms. Three members
|
0017| shall be licensed dietitians or nutritionists with at least
|
0018| three years of nutrition or dietetics practice in New Mexico
|
0019| and two members shall represent the public. There shall be at
|
0020| least one dietitian and at least one nutritionist on the board
|
0021| at all times. The public members shall not have been licensed
|
0022| as [a dietitian or nutritionist] dietitians or
|
0023| nutritionists or have any financial interest, direct or
|
0024| indirect, in the professions regulated.
|
0025| B. Each member shall hold office until the expiration
|
0001| of the term for which appointed or until a successor has been
|
0002| appointed [Vacancies] and qualified. A vacancy shall be
|
0003| filled for the balance of the unexpired term within ninety days
|
0004| of the vacancy by appointment by the governor.
|
0005| C. No board member shall serve more than two full
|
0006| terms.
|
0007| D. The board shall elect annually a chairman and such
|
0008| other officers as it deems necessary. The board shall meet as
|
0009| often as necessary for the conduct of business, but no less
|
0010| than twice a year. Meetings shall be called by the chairman or
|
0011| upon the written request of two or more members of the board.
|
0012| Three members, at least two of whom are professional members
|
0013| and at least one of whom is a public member, shall constitute a
|
0014| quorum. Any member failing to attend, after proper notice,
|
0015| three consecutive meetings shall automatically be removed as a
|
0016| board member.
|
0017| E. The members of the board shall [be reimbursed as
|
provided for nonsalaried public officers in the Per Diem and
|
Mileage Act and shall receive no other compensation, perquisite
|
or allowance] serve without compensation other than
|
0021| reasonable reimbursement for mileage and per diem as determined
|
0022| by the board and paid from board funds."
|
0023| Section 35. Section 61-7A-6 NMSA 1978 (being Laws 1989,
|
0024| Chapter 387, Section 6, as amended) is amended to read:
|
0025| "61-7A-6. BOARD--DUTIES.--
|
0001| A. The board shall:
|
0002| (1) develop and administer an appropriate
|
0003| examination for qualified applicants;
|
0004| (2) evaluate the qualifications of applicants
|
0005| for licensure [under] pursuant to the Nutrition and
|
0006| Dietetics Practice Act;
|
0007| (3) issue licenses to applicants who meet the
|
0008| requirements of the Nutrition and Dietetics Practice Act;
|
0009| (4) investigate persons engaging in practices
|
0010| that may violate the provisions of the Nutrition and Dietetics
|
0011| Practice Act;
|
0012| (5) revoke, suspend or deny a license in
|
0013| accordance with the provisions of the Uniform Licensing Act;
|
0014| (6) adopt an annual budget;
|
0015| (7) adopt a code of ethics; and
|
0016| (8) adopt in accordance with the Uniform
|
0017| Licensing Act and file in accordance with the State Rules Act
|
0018| rules and regulations necessary to carry out the provisions of
|
0019| the Nutrition and Dietetics Practice Act; provided, no rule or
|
0020| regulation may be adopted, amended or repealed except by a vote
|
0021| of three-fifths of the board members.
|
0022| B. The board may [contract with the regulation and
|
licensing department for office space and administrative
|
support] enter into contracts.
|
0025| C. The board may employ the staff it deems necessary
|
0001| to assist it in carrying out its duties pursuant to the
|
0002| Nutrition and Dietetics Practice Act and provide for health
|
0003| insurance or other benefits for them. Except as otherwise
|
0004| provided in that act, employees serve at the pleasure of the
|
0005| board and are exempt from the provisions of the Personnel
|
0006| Act."
|
0007| Section 36. A new section of the Nutrition and Dietetics
|
0008| Practice Act is enacted to read:
|
0009| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0010| board, the attorney general shall provide such legal services
|
0011| to the board necessary for the administration of the Nutrition
|
0012| and Dietetics Practice Act; provided, however, that the board
|
0013| may, in its discretion, employ or contract for the services of
|
0014| other attorneys to assist it in the administration of that
|
0015| act."
|
0016| Section 37. A new section of the Nutrition and Dietetics
|
0017| Practice Act is enacted to read:
|
0018| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0019| A. The board is specifically exempted from the
|
0020| provisions of the Procurement Code, the Art in Public Places
|
0021| Act, the Information and Communication Management Act and
|
0022| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0023| through 15-3-34 NMSA 1978.
|
0024| B. The board is also specifically exempted from the
|
0025| provisions of the Deferred Compensation Act, the Group Benefits
|
0001| Act, the Public Employee Bargaining Act, the Per Diem and
|
0002| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0003| provided, however, that an employee of the regulation and
|
0004| licensing department who subsequently becomes employed by the
|
0005| board without a break in service may, by agreement of the
|
0006| board, continue to participate in and be covered by those acts
|
0007| until separation from employment with the board. Where
|
0008| required under those acts, the board shall make contributions
|
0009| for the participating employee.
|
0010| C. The board is also specifically exempted from the
|
0011| provisions of the Public Employees Retirement Act and the
|
0012| Retiree Health Care Act; provided, however, that an employee of
|
0013| the regulation and licensing department who subsequently
|
0014| becomes employed by the board without a break in service may,
|
0015| by agreement of the board, continue to participate in the
|
0016| public employee retirement system under the terms and
|
0017| conditions of the Public Employees Retirement Act and the
|
0018| retiree health care system under the terms and conditions of
|
0019| the Retiree Health Care Act until separation from employment
|
0020| with the board. The board shall make contributions as required
|
0021| by those acts for a participating employee.
|
0022| D. The board is also specifically exempted from the
|
0023| provisions of the Personnel Act; provided, however, that an
|
0024| employee in the classified service in the regulation and
|
0025| licensing department who subsequently becomes employed by the
|
0001| board without a break in service may, by agreement of the
|
0002| board, remain in the classified service and be covered by the
|
0003| Personnel Act until separation from employment with the board.
|
0004| For all other employees, the board may adopt its own employment
|
0005| policies."
|
0006| Section 38. A new section of the Nutrition and Dietetics
|
0007| Practice Act is enacted to read:
|
0008| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0009| board, as an organization and its individual members and
|
0010| employees, is specifically subject to and covered by the
|
0011| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0012| Act, the Inspection of Public Records Act, the Public Records
|
0013| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0014| Financial Disclosure Act and any other state law applicable to
|
0015| the board unless otherwise specifically exempted in the
|
0016| Nutrition and Dietetics Practice Act."
|
0017| Section 39. Section 61-7A-12 NMSA 1978 (being Laws 1989,
|
0018| Chapter 387, Section 12) is repealed and a new Section 61-7A-12
|
0019| NMSA 1978 is enacted to read:
|
0020| "61-7A-12. [NEW MATERIAL] BOARD FUNDS.--
|
0021| A. All money received by the board from fees provided
|
0022| for in the Nutrition and Dietetics Practice Act shall be
|
0023| deposited in an account in a federally insured financial
|
0024| institution qualified to do business in New Mexico. Money in
|
0025| the account shall be withdrawn on the order of the board or its
|
0001| designee and shall be used only to carry out the board's duties
|
0002| pursuant to that act.
|
0003| B. In accordance with the provisions of the Audit
|
0004| Act, the state auditor may examine the accounts and books of
|
0005| the board, including its receipts, disbursements, contracts,
|
0006| leases and other records relating to the performance of its
|
0007| duties pursuant to the Nutrition and Dietetics Practice Act.
|
0008| In addition, the governor may call for any additional, special
|
0009| audits by the state auditor whenever deemed necessary for the
|
0010| protection and oversight of board funds.
|
0011| C. Money of the board is not public money or state
|
0012| funds within the meaning of any law of the state relating to
|
0013| investment, deposit, security or expenditure of public money."
|
0014| Section 40. Section 61-7A-14 NMSA 1978 (being Laws 1989,
|
0015| Chapter 387, Section 14) is amended to read:
|
0016| "61-7A-14. PENALTY--ENFORCEMENT.--
|
0017| A. Violation of any provision of the Nutrition and
|
0018| Dietetics Practice Act is a misdemeanor.
|
0019| B. The [department or the] board may bring civil
|
0020| action in any district court to enforce any of the provisions
|
0021| of the Nutrition and Dietetics Practice Act."
|
0022| Section 41. Section 61-7A-15 NMSA 1978 (being Laws 1989,
|
0023| Chapter 387, Section 15, as amended) is amended to read:
|
0024| "61-7A-15. TERMINATION OF AGENCY LIFE--DELAYED
|
0025| REPEAL.--The board is terminated on July 1, [1997] 2001
|
0001| pursuant to the Sunset Act. The board shall continue to oper-
|
0002|
|
0003| ate according to the provisions of the Nutrition and Dietetics
|
0004| Practice Act until July 1, [1998] 2002. Effective July 1,
|
0005| [1998] 2002, the Nutrition and Dietetics Practice Act is
|
0006| repealed."
|
0007| Section 42. Section 61-8-1 NMSA 1978 (being Laws 1977,
|
0008| Chapter 221, Section 1) is amended to read:
|
0009| "61-8-1. SHORT TITLE.--[This act] Chapter 61, Article
|
0010| 8 NMSA 1978 may be cited as the "Podiatry Act"."
|
0011| Section 43. Section 61-8-6 NMSA 1978 (being Laws 1977,
|
0012| Chapter 221, Section 6) is amended to read:
|
0013| "61-8-6. BOARD ORGANIZATION--MEETINGS--COMPENSATION--
|
0014| POWERS AND DUTIES.--
|
0015| A. The board shall meet annually in the month of June
|
0016| or July and shall elect a chairman, vice chairman and [a]
|
0017| secretary-treasurer from [their] its membership, each of
|
0018| whom shall serve until his successor is [selected]
|
0019| appointed and qualified.
|
0020| B. The board shall hold a minimum of one examination
|
0021| for licensure each year in the month of June or July at such a
|
0022| place and at such a time as the board may designate. Notice of
|
0023| [such] the examination shall be given to all applicants at
|
0024| least thirty days prior to the date of [such] the
|
0025| examination. The board shall adopt and file in accordance with
|
0001| the State Rules Act such regulations as it deems necessary to
|
0002| properly conduct its examinations and meetings.
|
0003| C. Special meetings may be called by the chairman and
|
0004| shall be called upon the written request of any three board
|
0005| members. Notice of all regular meetings shall be made by
|
0006| regular mail at least ten days prior to [such] the meeting,
|
0007| and notification of special meetings shall be made by certified
|
0008| mail unless [such] the notice is waived by the entire board
|
0009| and the action noted in the minutes.
|
0010| D. Members of the board [may be reimbursed as
|
provided in the Per Diem and Mileage Act, but shall receive no
|
other compensation, perquisite or allowance, except] shall
|
0013| serve without compensation other than reasonable reimbursement
|
0014| for mileage and per diem as determined by the board and paid
|
0015| from board funds; provided, however, that the secretary-
|
0016| treasurer may receive an additional honorarium in an amount
|
0017| determined by the board.
|
0018| E. The board shall:
|
0019| (1) administer and enforce the provisions of the
|
0020| Podiatry Act;
|
0021| (2) adopt, publish and file, in accordance with
|
0022| the Uniform Licensing Act and the State Rules Act, all rules
|
0023| and regulations for the implementation and enforcement of the
|
0024| provisions of the Podiatry Act;
|
0025| (3) adopt and use a seal;
|
0001| (4) administer oaths and take testimony on any
|
0002| matters within the board's jurisdiction;
|
0003| (5) keep an accurate record of all its meetings,
|
0004| receipts and disbursements;
|
0005| (6) keep a record of all examinations held,
|
0006| together with the names and addresses of all persons taking
|
0007| [such] the examinations and the examination results
|
0008| [and]. Within forty-five days after any examination, the
|
0009| board shall give written notice to each applicant examined of
|
0010| the results of the examination as to the respective applicant;
|
0011| (7) certify as passing each applicant who
|
0012| obtains a grade of at least sixty percent on each subject upon
|
0013| which he is examined and an overall grade of seventy-five
|
0014| percent;
|
0015| (8) keep a book of registration in which the
|
0016| name, address and license number of all licensed podiatrists
|
0017| [shall be] are recorded, together with a record of all
|
0018| license renewals, suspensions and revocations;
|
0019| (9) grant, deny, renew, suspend or revoke
|
0020| licenses to practice podiatry in accordance with the provisions
|
0021| of the Uniform Licensing Act for any cause stated in the
|
0022| Podiatry Act;
|
0023| (10) adopt regulations setting standards of
|
0024| preliminary and professional qualifications for the practice of
|
0025| podiatry;
|
0001| (11) investigate, review and accredit any school
|
0002| or college of podiatric medicine requesting accreditation and
|
0003| meeting standards set by the board. Such standards shall
|
0004| provide that accreditation of a school or college of podiatric
|
0005| medicine by the council on podiatry education of the American
|
0006| podiatry association is a prerequisite to accreditation by the
|
0007| board; and
|
0008| (12) adopt such regulations and prepare and
|
0009| administer such examinations for the licensure and regulation
|
0010| of podiatric hygienists as are necessary to protect the public.
|
0011| The regulations shall include definitions and limitations on
|
0012| the practice of podiatric hygienists, qualifications for
|
0013| applicants for licensure, a license fee in an amount not to
|
0014| exceed ten dollars ($10.00) per year, provisions for the
|
0015| regulation of podiatric hygienists and the suspension or
|
0016| revocation of licenses. The qualifications for an applicant
|
0017| for licensure shall require that the applicant has successfully
|
0018| completed at least one year of academic education in an
|
0019| institution accredited by the council on podiatry education of
|
0020| the American podiatry association or holds a current license as
|
0021| a registered nurse or a licensed practical nurse. [and
|
(13) have the power to]
|
0023| F. The board may:
|
0024| (1) employ agents [or attorneys] or other
|
0025| staff it deems necessary to assist it in carrying out its
|
0001| duties pursuant to the Podiatry Act, and may provide for health
|
0002| insurance or other benefits for them. Except as otherwise
|
0003| provided in that act, employees serve at the pleasure of the
|
0004| board and are exempt from the provisions of the Personnel Act;
|
0005| and
|
0006| (2) enter into contracts."
|
0007| Section 44. A new section of the Podiatry Act is enacted
|
0008| to read:
|
0009| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0010| board, the attorney general shall provide legal services to the
|
0011| board necessary for the administration of the Podiatry Act;
|
0012| provided, however, that the board may, in its discretion,
|
0013| employ or contract for the services of other attorneys to
|
0014| assist it in the administration of that act."
|
0015| Section 45. A new section of the Podiatry Act is enacted
|
0016| to read:
|
0017| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0018| A. The board is specifically exempted from the
|
0019| provisions of the Procurement Code, the Art in Public Places
|
0020| Act, the Information and Communication Management Act and
|
0021| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0022| through 15-3-34 NMSA 1978.
|
0023| B. The board is also specifically exempted from the
|
0024| provisions of the Deferred Compensation Act, the Group Benefits
|
0025| Act, the Public Employee Bargaining Act, the Per Diem and
|
0001| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0002| provided, however, that an employee of the regulation and
|
0003| licensing department who subsequently becomes employed by the
|
0004| board without a break in service may, by agreement of the
|
0005| board, continue to participate in and be covered by those acts
|
0006| until separation from employment with the board. Where
|
0007| required pursuant to those acts, the board shall make
|
0008| contributions for the participating employee.
|
0009| C. The board is also specifically exempted from the
|
0010| provisions of the Public Employees Retirement Act and the
|
0011| Retiree Health Care Act; provided, however, an employee of the
|
0012| regulation and licensing department who subsequently becomes
|
0013| employed by the board without a break in service may, by
|
0014| agreement of the board, continue to participate in the public
|
0015| employee retirement system under the terms and conditions of
|
0016| the Public Employees Retirement Act and the retiree health care
|
0017| system under the terms and conditions of the Retiree Health
|
0018| Care Act until separation from employment with the board. The
|
0019| board shall make contributions as required by those acts for a
|
0020| participating employee.
|
0021| D. The board is also specifically exempted from the
|
0022| provisions of the Personnel Act; provided, however, an employee
|
0023| in the classified service in the regulation and licensing
|
0024| department who subsequently becomes employed by the board
|
0025| without a break in service may, by agreement of the board,
|
0001| remain in the classified service and be covered by the
|
0002| Personnel Act until separation from employment with the board.
|
0003| For all other employees, the board may adopt its own employment
|
0004| policies."
|
0005| Section 46. A new section of the Podiatry Act is enacted
|
0006| to read:
|
0007| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0008| board, as an organization and its individual members and
|
0009| employees, is specifically subject to and covered by the
|
0010| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0011| Act, the Inspection of Public Records Act, the Public Records
|
0012| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0013| Financial Disclosure Act and any other state law applicable to
|
0014| the board unless otherwise specifically exempted in the
|
0015| Podiatry Act."
|
0016| Section 47. Section 61-8-7 NMSA 1978 (being Laws 1977,
|
0017| Chapter 221, Section 7) is amended to read:
|
0018| "61-8-7. [DISPOSITION OF] BOARD FUNDS--[PODIATRY
|
FUND CREATED--METHOD OF PAYMENTS--] BONDS.--
|
0020| [A. There is created the "podiatry fund".
|
B. All funds received by the board and money
|
collected under the Podiatry Act shall be deposited with the
|
state treasurer who shall place the same to the credit of the
|
podiatry fund.
|
C. All payments out of the podiatry fund shall be
|
made on vouchers issued and signed by the secretary-treasurer
|
of the board upon warrants drawn by the department of finance
|
and administration in accordance with the budget approved by
|
that department.
|
D. All amounts in the podiatry fund shall be subject
|
to the order of the board and shall be used only for the
|
purpose of meeting the necessary expenses incurred in:
|
(1) the performance of the provisions of the
|
Podiatry Act and the powers and duties imposed thereby; and
|
(2) the promotion of education and standards of
|
practice in the field of podiatry in New Mexico within the
|
budgetary limits.
|
E. All funds which may have accumulated to the credit
|
of the board under any previous law shall be transferred to the
|
podiatry fund and shall continue to be available for use by the
|
board in accordance with the provisions of the Podiatry Act.
|
Balances at the end of the fiscal year shall not revert, but
|
shall remain in the podiatry fund for use in accordance with
|
the provisions of the Podiatry Act.]
|
0020| A. All money received by the board from fees
|
0021| provided for in the Podiatry Act shall be deposited in an
|
0022| account in a federally insured financial institution qualified
|
0023| to do business in New Mexico. Money in the account shall be
|
0024| withdrawn on the order of the board or its designee and shall
|
0025| be used only to carry out the board's duties pursuant to the
|
0001| Podiatry Act.
|
0002| B. In accordance with the provisions of the Audit
|
0003| Act, the state auditor may examine the accounts and books of
|
0004| the board, including its receipts, disbursements, contracts,
|
0005| leases and other records relating to the performance of its
|
0006| duties pursuant to the Podiatry Act. In addition, the governor
|
0007| may call for any additional, special audits by the state
|
0008| auditor whenever deemed necessary for the protection and
|
0009| oversight of board funds.
|
0010| C. Money of the board is not public money or state
|
0011| funds within the meaning of any law of the state relating to
|
0012| investment, deposit, security or expenditure of public money.
|
0013| [F.] D. The secretary-treasurer and any employee
|
0014| who handles money or who certifies the receipt or disbursal of
|
0015| money received by the board shall, within thirty days after
|
0016| election or employment by the board, execute a bond in
|
0017| accordance with the provisions of the Surety Bond Act,
|
0018| conditioned on the faithful performance of the duties of the
|
0019| office or position and on an accounting of all funds coming
|
0020| into his hands.
|
0021| [G.] E. The secretary-treasurer shall make, at
|
0022| the end of each [fiscal] year, an itemized report to the
|
0023| [governor] board of all receipts and disbursements of the
|
0024| board for that [fiscal] year, together with a report of the
|
0025| records and information required by the Podiatry Act. A copy
|
0001| of the annual report [to the governor] shall be presented to
|
0002| the board at its annual meeting in June or July."
|
0003| Section 48. Section 61-8-17 NMSA 1978 (being Laws 1979,
|
0004| Chapter 385, Section 2, as amended) is amended to read:
|
0005| "61-8-17. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--
|
0006| The board of podiatry is terminated on July 1, [1997] 2003
|
0007| pursuant to the Sunset Act. The board shall continue to
|
0008| operate according to the provisions of Chapter 61, Article 8
|
0009| NMSA 1978 until July 1, [1998] 2004. Effective July 1,
|
0010| [1998 Article 8 of] 2004, Chapter 61, Article 8 NMSA 1978
|
0011| is repealed."
|
0012| Section 49. Section 61-9-1 NMSA 1978 (being Laws 1963,
|
0013| Chapter 92, Section 1) is amended to read:
|
0014| "61-9-1. SHORT TITLE.--[This act] Chapter 61, Article
|
0015| 9 NMSA 1978 may be cited as the "Professional Psychologist
|
0016| Act"."
|
0017| Section 50. Section 61-9-5 NMSA 1978 (being Laws 1989,
|
0018| Chapter 41, Section 5, as amended by Laws 1996, Chapter 51,
|
0019| Section 6 and also by Laws 1996, Chapter 54, Section 3) is
|
0020| amended to read:
|
0021| "61-9-5. STATE BOARD OF EXAMINERS[--PSYCHOLOGY FUND].--
|
0022| A. There is created a "New Mexico state board of
|
0023| psychologist examiners" consisting of eight members appointed
|
0024| by the governor who are residents of New Mexico and who shall
|
0025| serve for three-year staggered terms. The members shall be
|
0001| appointed as follows:
|
0002| (1) four members shall be professional members
|
0003| who are licensed under the Professional Psychologist Act as
|
0004| psychologists. The governor shall appoint the professional
|
0005| members from a list of names nominated by the New Mexico
|
0006| psychological association, the state psychologist association
|
0007| and the New Mexico school psychologist association;
|
0008| (2) one member shall be licensed under the
|
0009| Professional Psychologist Act as a psychologist or psychologist
|
0010| associate; and
|
0011| (3) three members shall be public members who
|
0012| are laymen and have no significant financial interest, direct
|
0013| or indirect, in the practice of psychology.
|
0014| B. Each member shall hold office until the expiration
|
0015| of his appointed term or until a successor is duly appointed.
|
0016| When the term of each member ends, the governor shall appoint
|
0017| his successor for a term of three years. Any vacancy occurring
|
0018| in the board membership other than by expiration of term shall
|
0019| be filled by the governor by appointment for the unexpired term
|
0020| of the member. The governor may remove any board member for
|
0021| misconduct, incompetency or neglect of duty.
|
0022| C. [All money received by the board shall be
|
credited to the "psychology fund". Money in the psychology
|
fund at the end of the fiscal year shall not revert to the
|
general fund and shall be used in accordance with the
|
provisions of the Professional Psychologist Act.] The members
|
0002| of the board [may be reimbursed as provided in the Per Diem
|
and Mileage Act, but shall receive no other compensation,
|
perquisite or allowance] shall serve without compensation
|
0005| other than reasonable reimbursement for mileage and per diem as
|
0006| determined by the board and paid from board funds."
|
0007| Section 51. Section 61-9-6 NMSA 1978 (being Laws 1963,
|
0008| Chapter 92, Section 5, as amended by Laws 1996, Chapter 51,
|
0009| Section 7 and also by Laws 1996, Chapter 54, Section 4) is
|
0010| amended to read:
|
0011| "61-9-6. BOARD--MEETING--POWERS.--
|
0012| A. The board shall, annually in the month of July,
|
0013| hold a meeting and elect from its membership a chairman, vice
|
0014| chairman and secretary-treasurer. The board shall meet at such
|
0015| other times as it deems necessary or advisable or as deemed
|
0016| necessary and advisable by the chairman or a majority of its
|
0017| members or the governor. Reasonable notice of all meetings
|
0018| shall be given in the manner prescribed by the board. A
|
0019| majority of the board constitutes a quorum at any meeting or
|
0020| hearing.
|
0021| B. The board is authorized to:
|
0022| (1) adopt and from time to time revise such
|
0023| rules and regulations not inconsistent with the law as may be
|
0024| necessary to carry into effect the provisions of the
|
0025| Professional Psychologist Act. Such rules and regulations
|
0001| shall include [but not be limited to] a code of conduct for
|
0002| psychologists and psychologist associates in the state;
|
0003| (2) employ, within the funds available, an
|
0004| administrator and other personnel necessary for the proper
|
0005| performance of its work under the Professional Psychologist
|
0006| Act. The board may provide for health insurance or other
|
0007| benefits for them. Except as otherwise provided in the
|
0008| Professional Psychologist Act, employees serve at the pleasure
|
0009| of the board and are exempt from the provisions of the
|
0010| Personnel Act;
|
0011| (3) adopt a seal, and the administrator shall
|
0012| have the care and custody of the seal;
|
0013| (4) examine for, approve, deny, revoke, suspend
|
0014| [and] or renew the licensure of [psychologist]
|
0015| psychologists and psychologist [associate applicants]
|
0016| associates as provided in the Professional Psychologist Act;
|
0017| (5) conduct hearings upon complaints concerning
|
0018| the disciplining of a psychologist or psychologist associate;
|
0019| [and]
|
0020| (6) cause the prosecution and enjoinder of all
|
0021| persons violating the Professional Psychologist Act and incur
|
0022| necessary expenses therefor; and
|
0023| (7) enter into contracts.
|
0024| [C. Within sixty days after the close of each fiscal
|
year, the board shall submit a written or printed report,
|
reviewed and signed by the board members, to the governor
|
concerning the work of the board during the preceding fiscal
|
year. The report shall include the names of all psychologists
|
and psychologist associates to whom licenses have been granted;
|
any cases heard and decisions rendered in relation to the work
|
of the board; the recommendations of the board as to future
|
policies; the names, remuneration and duties of any employees
|
of the board; and an account of all money received and expended
|
by the board.]"
|
0010| Section 52. A new section of the Professional
|
0011| Psychologist Act is enacted to read:
|
0012| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0013| board, the attorney general shall provide such legal services
|
0014| to the board necessary for the administration of the
|
0015| Professional Psychologist Act; provided, however, that the
|
0016| board may, in its discretion, employ or contract for the
|
0017| services of other attorneys to assist it in the administration
|
0018| of that act."
|
0019| Section 53. A new section of the Professional
|
0020| Psychologist Act is enacted to read:
|
0021| "[NEW MATERIAL] BOARD FUNDS.--
|
0022| A. All money received by the board from fees provided
|
0023| for in the Professional Psychologist Act shall be deposited in
|
0024| an account in a federally insured financial institution
|
0025| qualified to do business in New Mexico. Money in the account
|
0001| shall be withdrawn on the order of the board or its designee
|
0002| and shall only be used to carry out the board's duties pursuant
|
0003| to that act.
|
0004| B. In accordance with the provisions of the Audit
|
0005| Act, the state auditor may examine the accounts and books of
|
0006| the board, including its receipts, disbursements, contracts,
|
0007| leases and other records relating to the performance of its
|
0008| duties pursuant to the Professional Psychologist Act. In
|
0009| addition, the governor may call for any additional, special
|
0010| audits by the state auditor whenever deemed necessary for the
|
0011| protection and oversight of board funds.
|
0012| C. Money of the board is not public money or state
|
0013| funds within the meaning of any law of the state relating to
|
0014| investment, deposit, security or expenditure of public money."
|
0015| Section 54. A new section of the Professional
|
0016| Psychologist Act is enacted to read:
|
0017| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0018| A. The board is specifically exempted from the
|
0019| provisions of the Procurement Code, the Art in Public Places
|
0020| Act, the Information and Communication Management Act and
|
0021| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0022| through 15-3-34 NMSA 1978.
|
0023| B. The board is also specifically exempted from the
|
0024| provisions of the Deferred Compensation Act, the Group Benefits
|
0025| Act, the Public Employee Bargaining Act, the Per Diem and
|
0001| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0002| provided, however, that an employee of the regulation and
|
0003| licensing department who subsequently becomes employed by the
|
0004| board without a break in service may, by agreement of the
|
0005| board, continue to participate in and be covered by those acts
|
0006| until separation from employment with the board. Where
|
0007| required under those acts, the board shall make contributions
|
0008| for the participating employee.
|
0009| C. The board is also specifically exempted from the
|
0010| provisions of the Public Employees Retirement Act and the
|
0011| Retiree Health Care Act; provided, however, that an employee of
|
0012| the regulation and licensing department who subsequently
|
0013| becomes employed by the board without a break in service may,
|
0014| by agreement of the board, continue to participate in the
|
0015| public employee retirement system under the terms and
|
0016| conditions of the Public Employees Retirement Act and the
|
0017| retiree health care system under the terms and conditions of
|
0018| the Retiree Health Care Act until separation from employment
|
0019| with the board. The board shall make contributions as required
|
0020| by those acts for the participating employee.
|
0021| D. The board is also specifically exempted from the
|
0022| provisions of the Personnel Act; provided, however, that an
|
0023| employee in the classified service in the regulation and
|
0024| licensing department who subsequently becomes employed by the
|
0025| board without a break in service may, by agreement of the
|
0001| board, remain in the classified service and be covered by the
|
0002| Personnel Act until separation from employment with the board.
|
0003| For all other employees, the board may adopt its own employment
|
0004| policies."
|
0005| Section 55. A new section of the Professional
|
0006| Psychologist Act is enacted to read:
|
0007| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0008| board, as an organization and its individual members and
|
0009| employees, is specifically subject to and covered by the
|
0010| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0011| Act, the Inspection of Public Records Act, the Public Records
|
0012| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0013| Financial Disclosure Act and any other state law applicable to
|
0014| the board unless otherwise specifically exempted in the
|
0015| Professional Psychologist Act."
|
0016| Section 56. Section 61-9-7 NMSA 1978 (being Laws 1963,
|
0017| Chapter 92, Section 6, as amended) is amended to read:
|
0018| "61-9-7. FEES--LICENSE RENEWAL.--
|
0019| A. All fees from applicants seeking licensure under
|
0020| the Professional Psychologist Act and all license renewal fees
|
0021| received [under] pursuant to the Professional Psychologist
|
0022| Act shall be [credited to the psychology fund] deposited in
|
0023| the board's account. No fees shall be refunded.
|
0024| B. The board shall set the charge for an application
|
0025| fee of up to three hundred dollars ($300) to applicants for
|
0001| licensure [under] pursuant to Sections 61-9-9 through 61-9-
|
0002| 11.1 NMSA 1978.
|
0003| C. Each licensee shall renew his license annually on
|
0004| or before July 1 by remitting to the board the renewal fee set
|
0005| by the board not exceeding three hundred dollars ($300) and
|
0006| providing proof of continuing education as required by
|
0007| regulation of the board. Any license issued by the board may
|
0008| be suspended if the holder fails to renew his license by July 1
|
0009| of any year. A license suspended for failure to renew may be
|
0010| renewed within a period of one year after the suspension upon
|
0011| payment of the renewal fee plus a late fee of one hundred
|
0012| dollars ($100), together with proof of continuing education
|
0013| satisfactory to the board. The license shall be revoked if the
|
0014| license has not been renewed within one year of the suspension
|
0015| for failure to renew. Prior to issuing a new license, the
|
0016| board may in its discretion require full or partial examination
|
0017| of a former licensee whose license was revoked because of fail-
|
0018|
|
0019| ure to renew."
|
0020| Section 57. Section 61-9-19 NMSA 1978 (being Laws 1978,
|
0021| Chapter 188, Section 2, as amended by Laws 1996, Chapter 51,
|
0022| Section 8 and also by Laws 1996, Chapter 54, Section 11) is
|
0023| amended to read:
|
0024| "61-9-19. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--
|
0025| The New Mexico state board of psychologist examiners is
|
0001| terminated on July 1, [1997] 2001 pursuant to the Sunset
|
0002| Act. The board shall continue to operate according to the
|
0003| provisions of Chapter 61, Article 9 NMSA 1978 until July 1,
|
0004| [1998] 2002. Effective July 1, [1998 Article 9 of]
|
0005| 2002, Chapter 61, Article 9 NMSA 1978 is repealed."
|
0006| Section 58. Section 61-9A-1 NMSA 1978 (being Laws 1993,
|
0007| Chapter 49, Section 1) is amended to read:
|
0008| "61-9A-1. SHORT TITLE.--[Sections 1 through 30 of this
|
act] Chapter 61, Article 9A NMSA 1978 may be cited as the
|
0010| "Counseling and Therapy Practice Act"."
|
0011| Section 59. Section 61-9A-3 NMSA 1978 (being Laws 1993,
|
0012| Chapter 49, Section 3, as amended) is amended to read:
|
0013| "61-9A-3. DEFINITIONS.--As used in the Counseling and
|
0014| Therapy Practice Act:
|
0015| A. "accredited institution" means a university or
|
0016| college accredited by a nationally recognized accrediting
|
0017| agency of institutions of higher education or an approved
|
0018| institution or program as determined by the board;
|
0019| B. "alcohol abuse counselor" means an individual who
|
0020| engages in the practice of alcohol abuse counseling;
|
0021| C. "alcohol and drug abuse counselor" means an
|
0022| individual who engages in the practice of alcohol and drug
|
0023| abuse counseling;
|
0024| D. "appraisal" means selecting, administering,
|
0025| scoring and interpreting instruments designed to assess an
|
0001| individual's aptitudes, attitudes, abilities, achievements,
|
0002| interests, personal characteristics and current emotional or
|
0003| mental state by appropriately educated, trained and experienced
|
0004| clinicians and the use of nonstandardized methods and
|
0005| techniques for understanding human behavior in relation to
|
0006| coping with, adapting to or changing life situations of a
|
0007| physical, mental or emotional nature;
|
0008| E. "appropriate supervision" means supervision by a
|
0009| professional clinical mental health counselor, professional
|
0010| mental health counselor, marriage and family therapist,
|
0011| professional art therapist, psychiatrist, psychologist, social
|
0012| worker, psychiatric nurse or other similar supervision approved
|
0013| by the board;
|
0014| F. "board" means the counseling and therapy practice
|
0015| board;
|
0016| G. "clinical counseling" means the rendering of
|
0017| counseling services involving the application of principles of
|
0018| psychotherapy, human development, learning theory, group
|
0019| dynamics and the etiology of mental illness and dysfunctional
|
0020| behavior to individuals, couples, families or groups for the
|
0021| purpose of treating psychopathology and promoting optimal
|
0022| mental health;
|
0023| H. "consulting" means the application of scientific
|
0024| principles and procedures in psychotherapeutic counseling,
|
0025| guidance and human development to provide assistance in
|
0001| understanding and solving a problem that the consultee may have
|
0002| in relation to a third party;
|
0003| I. "counseling" means the application of scientific
|
0004| principles and procedures in therapeutic counseling, guidance
|
0005| and human development to provide assistance in understanding
|
0006| and solving a mental, emotional, physical, social, moral,
|
0007| educational, spiritual or career development and adjustment
|
0008| problem that a client may have;
|
0009| J. "counseling and therapy practice" means the
|
0010| practice of professional art therapy, professional clinical
|
0011| mental health counseling, professional mental health
|
0012| counseling, marriage and family therapy, alcohol abuse
|
0013| counseling, drug abuse counseling and alcohol and drug abuse
|
0014| counseling;
|
0015| K. "counselor and therapist practitioners" means
|
0016| professional art therapists, professional clinical mental
|
0017| health counselors, professional mental health counselors,
|
0018| marriage and family therapists, registered mental health
|
0019| counselors, registered independent mental health counselors,
|
0020| alcohol abuse counselors, drug abuse counselors and alcohol and
|
0021| drug abuse counselors as a group;
|
0022| [L. "department" means the regulation and licensing
|
department or the division of the department designated to
|
administer the counseling and therapy practice board;
|
M.] L. "drug abuse counselor" means an individual
|
0001| who engages in the practice of drug abuse counseling;
|
0002| [N.] M. "marriage and family therapy" means the
|
0003| diagnosis and treatment of nervous and mental disorders,
|
0004| whether cognitive, affective or behavioral, within the context
|
0005| of marriage and family systems;
|
0006| [O.] N. "marriage and family therapist" means an
|
0007| individual who engages in the practice of marriage and family
|
0008| therapy;
|
0009| [P.] O. "mental disorder" means any of several
|
0010| conditions or disorders that meet the diagnostic criteria
|
0011| contained in the diagnostic and statistical manual of the
|
0012| American psychiatric association or the world health
|
0013| organization's international classification of diseases manual;
|
0014| [Q.] P. "practice of alcohol and drug abuse
|
0015| counseling" means the rendering of counseling services, as
|
0016| defined by regulation of the board, to individuals, couples,
|
0017| families or groups. The services may include screening,
|
0018| assessment, consultation, development of treatment plans, case
|
0019| management, counseling, referral, appraisal, crisis
|
0020| intervention, education, reporting and recordkeeping;
|
0021| [R.] Q. "practice of art therapy" means the
|
0022| rendering to individuals, families or groups of services that
|
0023| use art media as a means of expression and communication to
|
0024| promote perceptive, intuitive, affective and expressive
|
0025| experiences that alleviate distress; reduce physical,
|
0001| emotional, behavioral and social impairment; and lead to growth
|
0002| or reintegration of one's personality. Art therapy services
|
0003| include [but are not limited to] diagnostic evaluation,
|
0004| development of patient treatment plans, goals and objectives,
|
0005| case management services and therapeutic treatment as defined
|
0006| by regulation of the board;
|
0007| [S.] R. "practice of marriage and family therapy"
|
0008| means the rendering of marriage and family therapy services to
|
0009| individuals, family groups and marital couples, singly or in
|
0010| groups. The "practice of marriage and family therapy" involves
|
0011| the professional application of psychotherapeutic and family
|
0012| systems theories and techniques, as defined by regulation of
|
0013| the board, in the delivery of services to individuals, married
|
0014| couples and families and involves the presence of a diagnosed
|
0015| mental or physical disorder in at least one member of the
|
0016| couple or family being treated;
|
0017| [T.] S. "practice of professional clinical mental
|
0018| health counseling" means the rendering of mental health
|
0019| counseling to individuals, couples, families or groups and the
|
0020| diagnosis and treatment of mental and emotional disorders,
|
0021| including psychopathology as defined by the American
|
0022| psychiatric association or the world health organization.
|
0023| "Practice of professional clinical mental health counseling"
|
0024| includes [but is not limited to] development of patient
|
0025| treatment plans, goals and objectives, case management
|
0001| services, therapeutic treatment, research and clinical mental
|
0002| health appraisal, consulting, counseling and referral as
|
0003| defined by regulation of the board;
|
0004| [U.] T. "practice of professional mental health
|
0005| counseling" means the rendering of a therapeutic counseling
|
0006| service that integrates a wellness and multicultural model of
|
0007| human behavior involving certain methods and techniques of
|
0008| appraisal, including [but not limited to] consulting,
|
0009| counseling and referral as defined by regulation of the board;
|
0010| [V.] U. "practice of registered mental health
|
0011| counseling" means the rendering, under appropriate supervision,
|
0012| of a therapeutic counseling service that integrates a wellness
|
0013| and multicultural model of human behavior involving certain
|
0014| methods and techniques of appraisal, including [but not
|
limited to] consulting, counseling and referral as defined by
|
0016| regulation of the board;
|
0017| [W.] V. "professional art therapist" means an
|
0018| individual who engages in the practice of art therapy;
|
0019| [X.] W. "professional clinical mental health
|
0020| counselor" means an individual who engages in the independent
|
0021| practice of professional clinical mental health counseling
|
0022| without supervision;
|
0023| [Y.] X. "professional mental health counselor"
|
0024| means an individual who engages in the practice of professional
|
0025| mental health counseling without supervision;
|
0001| [Z.] Y. "referral" means the evaluation of
|
0002| information to identify needs of the person being counseled to
|
0003| determine the advisability of sending the person being
|
0004| counseled to other specialists, informing the person being
|
0005| counseled of such judgment and communicating the information to
|
0006| other counseling services as deemed appropriate;
|
0007| [AA.] Z. "registered mental health counselor"
|
0008| means an individual who is registered with the board and is
|
0009| authorized by the board to engage in the practice of mental
|
0010| health counseling under appropriate supervision;
|
0011| [BB.] AA. "substance abuse counselor" means an
|
0012| individual who is licensed to practice alcohol and drug abuse
|
0013| counseling, alcohol abuse counseling or drug abuse counseling;
|
0014| and
|
0015| [CC.] BB. "substance abuse intern" means an
|
0016| individual who is registered to practice alcohol and drug abuse
|
0017| counseling, alcohol abuse counseling or drug abuse counseling
|
0018| under appropriate supervision."
|
0019| Section 60. Section 61-9A-7 NMSA 1978 (being Laws 1993,
|
0020| Chapter 49, Section 7, as amended) is amended to read:
|
0021| "61-9A-7. BOARD CREATED--MEMBERS--APPOINTMENT--TERMS--
|
0022| COMPENSATION.--
|
0023| A. There is created the "counseling and therapy
|
0024| practice board" [which is administratively attached to the
|
department].
|
0001| B. The board shall consist of nine members who are
|
0002| United States citizens and have been New Mexico residents for
|
0003| at least five years prior to their appointment. Of the nine
|
0004| members:
|
0005| (1) five members shall be professional members,
|
0006| who shall be a professional mental health counselor, a
|
0007| professional clinical mental health counselor, a marriage and
|
0008| family therapist, a professional art therapist and an alcohol
|
0009| and drug abuse counselor, licensed under the Counseling and
|
0010| Therapy Practice Act and shall have engaged in a counselor and
|
0011| therapist practice for at least five years. These members
|
0012| shall not hold any elected or appointed office in any
|
0013| professional organization of counseling, psychology or closely
|
0014| related field during their tenure on the board, nor shall they
|
0015| be school owners. The initial professional members shall meet
|
0016| requirements for licensure and be licensed within one year
|
0017| after the effective date of the licensure requirements. The
|
0018| professional mental health counselor shall also represent the
|
0019| registered mental health counselors; and
|
0020| (2) four members shall represent the public. The
|
0021| public members shall not have been licensed or have practiced
|
0022| as counselor or therapist practitioners or in any other
|
0023| regulated mental health profession, nor have any significant
|
0024| financial interest, either direct or indirect, in the
|
0025| professions regulated.
|
0001| C. All members of the board shall be appointed by the
|
0002| governor for staggered terms of four years, except that the
|
0003| initial board shall be appointed so that the terms of one
|
0004| professional and one public member expire June 30, 1994, the
|
0005| terms of one professional and one public member expire June 30,
|
0006| 1995, the terms of one professional and one public member
|
0007| expire [on] June 30, 1996 and the terms of one professional
|
0008| and one public member expire June 30, 1997. The alcohol and
|
0009| drug abuse counselor shall be appointed to a four-year term
|
0010| beginning July 1, 1996. Each member shall hold office until
|
0011| his successor is appointed and qualified. Vacancies shall be
|
0012| filled in the same manner as original appointments. No
|
0013| appointee shall serve more than two terms.
|
0014| D. The governor may appoint professional board
|
0015| members from a list of nominees submitted by qualified
|
0016| individuals and organizations, including the New Mexico
|
0017| counseling association, the New Mexico association for marriage
|
0018| and family therapy, the New Mexico art therapy association and
|
0019| the alcohol and drug directors association.
|
0020| E. Members of the board shall [be reimbursed as
|
provided in the Per Diem and Mileage Act and shall receive no
|
other compensation, perquisite or allowance] serve without
|
0023| compensation other than reasonable reimbursement for mileage
|
0024| and per diem as determined by the board and paid from board
|
0025| funds.
|
0001| F. The board shall elect annually from its membership
|
0002| a chairman and a secretary and other officers as necessary to
|
0003| carry out its duties.
|
0004| G. The board shall meet at least twice a year and at
|
0005| other times deemed necessary. Other meetings may be called by
|
0006| the chairman upon the written request of three members of the
|
0007| board. A simple majority of the board members shall constitute
|
0008| a quorum of the board."
|
0009| Section 61. Section 61-9A-8 NMSA 1978 (being Laws 1993,
|
0010| Chapter 49, Section 8, as amended) is amended to read:
|
0011| "61-9A-8. [DEPARTMENT] BOARD DUTIES.--The
|
0012| [department, with the consultation of the] board [shall]:
|
0013| A. shall process applications and conduct and
|
0014| review the required examinations;
|
0015| B. shall issue licenses and certificates of
|
0016| registration to applicants who meet the requirements of the
|
0017| Counseling and Therapy Practice Act;
|
0018| C. shall administer, coordinate and enforce the
|
0019| provisions of the Counseling and Therapy Practice Act and
|
0020| investigate persons engaging in practices that may violate the
|
0021| provisions of that act;
|
0022| D. may hire staff [as necessary] to carry out the
|
0023| provisions of the Counseling and Therapy Practice Act and
|
0024| provide for health insurance or other benefits for them.
|
0025| Except as otherwise provided in the Counseling and Therapy
|
0001| Practice Act, employees serve at the pleasure of the board and
|
0002| are exempt from the provisions of the Personnel Act;
|
0003| E. shall maintain records, including financial
|
0004| records; [and]
|
0005| F. shall maintain a current register of licensees
|
0006| and registrants as a matter of public record; and
|
0007| G. may enter into contracts."
|
0008| Section 62. Section 61-9A-9 NMSA 1978 (being Laws 1993,
|
0009| Chapter 49, Section 9, as amended) is amended to read:
|
0010| "61-9A-9. BOARD--ADDITIONAL POWERS AND DUTIES.--
|
0011| A. The board shall have the power to:
|
0012| (1) adopt in accordance with the Uniform
|
0013| Licensing Act and file in accordance with the State Rules Act
|
0014| rules and regulations necessary to carry out the provisions of
|
0015| the Counseling and Therapy Practice Act;
|
0016| (2) select and provide for the administration
|
0017| of, at least, semiannual examinations for licensure;
|
0018| (3) establish the passing scores for
|
0019| examinations;
|
0020| (4) take any disciplinary action allowed by and
|
0021| in accordance with the Uniform Licensing Act;
|
0022| (5) censure, reprimand or place a licensee or
|
0023| registrant on probation for a period not to exceed one year;
|
0024| (6) require and establish criteria for
|
0025| continuing education;
|
0001| (7) establish by rule procedures for receiving,
|
0002| investigating and resolving complaints;
|
0003| (8) approve appropriate supervision and post-
|
0004| graduate experience for persons seeking licensure or
|
0005| registration;
|
0006| (9) provide for the issuance of licenses and
|
0007| certificates of registration;
|
0008| (10) determine eligibility of individuals for
|
0009| licensure or registration;
|
0010| (11) set fees for administrative services,
|
0011| licenses and registration, as authorized by the Counseling and
|
0012| Therapy Practice Act, and authorize all disbursements necessary
|
0013| to carry out the provisions of that act;
|
0014| (12) establish criteria for supervision and
|
0015| supervisory requirements; and
|
0016| (13) establish a code of ethics.
|
0017| B. The board may establish a standards committee for
|
0018| each licensed profession. The members of each standards
|
0019| committee shall be appointed by the board [with the consent of
|
the department] and shall include at least one board member
|
0021| from the licensed profession and at least one public board
|
0022| member. The board member representing each respective
|
0023| profession shall chair its standards committee and the
|
0024| committee shall:
|
0025| (1) recommend and periodically review a code of
|
0001| ethics;
|
0002| (2) review license applications and recommend
|
0003| approval or disapproval;
|
0004| (3) develop criteria for supervision; and
|
0005| (4) recommend rules and regulations.
|
0006| C. Members of the standards committees [may be
|
reimbursed as provided in the Per Diem and Mileage Act, but
|
shall receive no other compensation, perquisite or allowance]
|
0009| shall serve without compensation other than reasonable
|
0010| reimbursement for mileage and per diem as determined by the
|
0011| board and paid from board funds. These members shall not hold
|
0012| any elected office in any professional organization of
|
0013| counseling, psychology or closely related field during their
|
0014| tenure on the standards committees."
|
0015| Section 63. A new section of the Counseling and Therapy
|
0016| Practice Act is enacted to read:
|
0017| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0018| board, the attorney general shall provide such legal services
|
0019| to the board necessary for the administration of the Counseling
|
0020| and Therapy Practice Act; provided, however, that the board
|
0021| may, in its discretion, employ or contract for the services of
|
0022| other attorneys to assist it in the administration of that
|
0023| act."
|
0024| Section 64. A new section of the Counseling and Therapy
|
0025| Practice Act is enacted to read:
|
0001| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0002| A. The board is specifically exempted from the
|
0003| provisions of the Procurement Code, the Art in Public Places
|
0004| Act, the Information and Communication Management Act and
|
0005| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0006| through 15-3-34 NMSA 1978.
|
0007| B. The board is also specifically exempted from the
|
0008| provisions of the Deferred Compensation Act, the Group Benefits
|
0009| Act, the Public Employee Bargaining Act, the Per Diem and
|
0010| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0011| provided, however, that an employee of the regulation and
|
0012| licensing department who subsequently becomes employed by the
|
0013| board without a break in service may, by agreement of the
|
0014| board, continue to participate in and be covered by those acts
|
0015| until separation from employment with the board. Where
|
0016| required under those acts, the board shall make contributions
|
0017| for the participating employee.
|
0018| C. The board is also specifically exempted from the
|
0019| provisions of the Public Employees Retirement Act and the
|
0020| Retiree Health Care Act; provided, however, that an employee of
|
0021| the regulation and licensing department who subsequently
|
0022| becomes employed by the board without a break in service may,
|
0023| by agreement of the board, continue to participate in the
|
0024| public employee retirement system under the terms and
|
0025| conditions of the Public Employees Retirement Act and the
|
0001| retiree health care system under the terms and conditions of
|
0002| the Retiree Health Care Act until separation from employment
|
0003| with the board. The board shall make contributions as required
|
0004| by those acts for the participating employee.
|
0005| D. The board is also specifically exempted from the
|
0006| provisions of the Personnel Act; provided, however, that an
|
0007| employee in the classified service in the regulation and
|
0008| licensing department who subsequently becomes employed by the
|
0009| board without a break in service may, by agreement of the
|
0010| board, remain in the classified service and be covered by the
|
0011| Personnel Act until separation from employment with the board.
|
0012| For all other employees, the board may adopt its own employment
|
0013| policies."
|
0014| Section 65. A new section of the Counseling and Therapy
|
0015| Practice Act is enacted to read:
|
0016| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0017| board, as an organization and its individual members and
|
0018| employees, is specifically subject to and covered by the
|
0019| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0020| Act, the Inspection of Public Records Act, the Public Records
|
0021| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0022| Financial Disclosure Act and any other state law applicable to
|
0023| the board unless otherwise specifically exempted in the
|
0024| Counseling and Therapy Practice Act."
|
0025| Section 66. Section 61-9A-25 NMSA 1978 (being Laws 1993,
|
0001| Chapter 49, Section 25) is repealed and a new Section 61-9A-25
|
0002| NMSA 1978 is enacted to read:
|
0003| "61-9A-25. [NEW MATERIAL] BOARD FUNDS.--
|
0004| A. All money received by the board from fees provided
|
0005| for in the Counseling and Therapy Practice Act shall be
|
0006| deposited in an account in a federally insured financial
|
0007| institution qualified to do business in New Mexico. Money in
|
0008| the account shall be withdrawn on the order of the board or its
|
0009| designee and shall be used only to carry out the board's duties
|
0010| pursuant to that act.
|
0011| B. In accordance with the provisions of the Audit
|
0012| Act, the state auditor may examine the accounts and books of
|
0013| the board, including its receipts, disbursements, contracts,
|
0014| leases and other records relating to the performance of its
|
0015| duties pursuant to the Counseling and Therapy Practice Act. In
|
0016| addition, the governor may call for any additional, special
|
0017| audits by the state auditor whenever deemed necessary for the
|
0018| protection and oversight of board funds.
|
0019| C. Money of the board is not public money or state
|
0020| funds within the meaning of any law of the state relating to
|
0021| investment, deposit, security or expenditure of public money."
|
0022| Section 67. Section 61-10-5 NMSA 1978 (being Laws 1933,
|
0023| Chapter 117, Section 4, as amended) is amended to read:
|
0024| "61-10-5. BOARD OF EXAMINERS--APPOINTMENT--TERMS--
|
0025| MEETINGS--MEMBERSHIP--EXAMINATIONS.--
|
0001| A. There is created the "board of osteopathic medical
|
0002| examiners". The board consists of five members appointed by
|
0003| the governor; three members shall be regularly licensed
|
0004| osteopathic physicians in good standing in New Mexico, who have
|
0005| been so engaged for a period of at least two years immediately
|
0006| prior to their appointment and who are possessed of all the
|
0007| qualifications for applicants for licensure specified in
|
0008| Section 61-10-8 NMSA 1978, and two members shall represent the
|
0009| public. The public members of the board shall not have been
|
0010| licensed as osteopathic physicians, nor shall the public
|
0011| members have any significant financial interest, direct or
|
0012| indirect, in the [occupation] profession regulated.
|
0013| B. Board members' terms shall be for five years. The
|
0014| vacancy of the term of any member shall be filled by
|
0015| appointment by the governor to the unexpired portion of the
|
0016| five-year term. A board member whose term has expired shall
|
0017| serve until his successor is appointed and qualified.
|
0018| C. The board shall meet during the first quarter of
|
0019| the [fiscal] year and shall elect officers for the ensuing
|
0020| [fiscal] year. The board may hold other meetings as it deems
|
0021| necessary. A majority of the board constitutes a quorum.
|
0022| D. The board shall have and use a common seal and is
|
0023| authorized to make and adopt all necessary rules and
|
0024| regulations relating to the enforcement of the provisions of
|
0025| Chapter 61, Article 10 NMSA 1978.
|
0001| E. Examinations shall be made at least twice a year
|
0002| at the time and place fixed by the board. All applicants shall
|
0003| be given written notice of examinations at a reasonable prior
|
0004| date.
|
0005| F. Members of the board shall [be reimbursed as
|
provided in the Per Diem and Mileage Act, but shall receive no
|
other compensation, perquisite or allowance, for each day
|
necessarily spent in the discharge of their duties] serve
|
0009| without compensation other than reasonable reimbursement for
|
0010| mileage and per diem as determined by the board and paid from
|
0011| board funds.
|
0012| G. Any board member failing to attend three
|
0013| consecutive meetings, either regular or special, shall
|
0014| automatically be removed as a member of the board.
|
0015| H. The board may employ staff it deems necessary to
|
0016| assist it in carrying out its duties pursuant to Chapter 61,
|
0017| Article 10 NMSA 1978 and may provide for health insurance or
|
0018| other benefits for them. Except as otherwise provided in
|
0019| Chapter 61, Article 10 NMSA 1978, employees serve at the
|
0020| pleasure of the board and are exempt from the provisions of the
|
0021| Personnel Act.
|
0022| I. The board may enter into contracts."
|
0023| Section 68. A new section of Chapter 61, Article 10 NMSA
|
0024| 1978 is enacted to read:
|
0025| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0001| board, the attorney general shall provide such legal services
|
0002| to the board necessary for the administration of Chapter 61,
|
0003| Article 10 NMSA 1978; provided, however, that the board may, in
|
0004| its discretion, employ or contract for the services of other
|
0005| attorneys to assist it in the administration of that act."
|
0006| Section 69. A new section of Chapter 61, Article 10 NMSA
|
0007| 1978 is enacted to read:
|
0008| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0009| A. The board is specifically exempted from the
|
0010| provisions of the Procurement Code, the Art in Public Places
|
0011| Act, the Information and Communication Management Act and
|
0012| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0013| through 15-3-34 NMSA 1978.
|
0014| B. The board is also specifically exempted from the
|
0015| provisions of the Deferred Compensation Act, the Group Benefits
|
0016| Act, the Public Employee Bargaining Act, the Per Diem and
|
0017| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0018| provided, however, that an employee of the regulation and
|
0019| licensing department who subsequently becomes employed by the
|
0020| board without a break in service may, by agreement of the
|
0021| board, continue to participate in and be covered by those acts
|
0022| until separation from employment with the board. Where
|
0023| required under those acts, the board shall make contributions
|
0024| for the participating employee.
|
0025| C. The board is also specifically exempted from the
|
0001| provisions of the Public Employees Retirement Act and the
|
0002| Retiree Health Care Act; provided, however, that an employee of
|
0003| the regulation and licensing department who subsequently
|
0004| becomes employed by the board without a break in service may,
|
0005| by agreement of the board, continue to participate in the
|
0006| public employee retirement system under the terms and
|
0007| conditions of the Public Employees Retirement Act and the
|
0008| retiree health care system under the terms and conditions of
|
0009| the Retiree Health Care Act until separation from employment
|
0010| with the board. The board shall make contributions as required
|
0011| by those acts for the participating employee.
|
0012| D. The board is also specifically exempted from the
|
0013| provisions of the Personnel Act; provided, however, that an
|
0014| employee in the classified service in the regulation and
|
0015| licensing department who subsequently becomes employed by the
|
0016| board without a break in service may, by agreement of the
|
0017| board, remain in the classified service and be covered by the
|
0018| Personnel Act until separation from employment with the board.
|
0019| For all other employees, the board may adopt its own employment
|
0020| policies."
|
0021| Section 70. A new section of Chapter 61, Article 10 NMSA
|
0022| 1978 is enacted to read:
|
0023| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0024| board, as an organization and its individual members and
|
0025| employees, is specifically subject to and covered by the
|
0001| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0002| Act, the Inspection of Public Records Act, the Public Records
|
0003| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0004| Financial Disclosure Act and any other state law applicable to
|
0005| the board unless otherwise specifically exempted in Chapter 61,
|
0006| Article 10 NMSA 1978."
|
0007| Section 71. A new section of Chapter 61, Article 10 NMSA
|
0008| 1978 is enacted to read:
|
0009| "[NEW MATERIAL] BOARD FUNDS.--
|
0010| A. All money received by the board from fees provided
|
0011| for in Chapter 61, Article 10 NMSA 1978 shall be deposited in
|
0012| an account in a federally insured financial institution
|
0013| qualified to do business in New Mexico. Money in the account
|
0014| shall be withdrawn on the order of the board or its designee
|
0015| and shall be used only to carry out the board's duties pursuant
|
0016| to that article.
|
0017| B. In accordance with the provisions of the Audit
|
0018| Act, the state auditor may examine the accounts and books of
|
0019| the board, including its receipts, disbursements, contracts,
|
0020| leases and other records relating to the performance of its
|
0021| duties pursuant to Chapter 61, Article 10 NMSA 1978. In
|
0022| addition, the governor may call for any additional, special
|
0023| audits by the state auditor whenever deemed necessary for the
|
0024| protection and oversight of board funds.
|
0025| C. Money of the board is not public money or state
|
0001| funds within the meaning of any law of the state relating to
|
0002| investment, deposit, security or expenditure of public money."
|
0003| Section 72. Section 61-10-22 NMSA 1978 (being Laws 1979,
|
0004| Chapter 36, Section 2, as amended) is amended to read:
|
0005| "61-10-22. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--
|
0006| The board of osteopathic medical examiners is terminated on
|
0007| July 1, [1997] 2003 pursuant to the Sunset Act. The board
|
0008| shall continue to operate according to the provisions of
|
0009| Chapter 61, Article 10 NMSA 1978 until July 1, [1998] 2004.
|
0010| Effective July 1, [1998 Article 10 of] 2004, Chapter 61,
|
0011| Article 10 NMSA 1978 is repealed."
|
0012| Section 73. Section 61-11-1 NMSA 1978 (being Laws 1969,
|
0013| Chapter 29, Section 1) is amended to read:
|
0014| "61-11-1. SHORT TITLE.--[This act] Chapter 61, Article
|
0015| 11 NMSA 1978 may be cited as the "Pharmacy Act"."
|
0016| Section 74. Section 61-11-4 NMSA 1978 (being Laws 1969,
|
0017| Chapter 29, Section 3, as amended) is amended to read:
|
0018| "61-11-4. BOARD CREATED--MEMBERS--QUALIFICATIONS--TERMS--
|
0019| VACANCIES--REMOVAL.--
|
0020| A. There is created the "board of pharmacy". The
|
0021| board consists of nine members, each of whom shall be a citizen
|
0022| of the United States and a resident of New Mexico.
|
0023| B. Five members shall be pharmacists appointed by the
|
0024| governor for staggered terms of five years each from lists
|
0025| submitted to the governor by the New Mexico pharmaceutical
|
0001| association, which lists contain the names of two pharmacists
|
0002| residing in each of the five pharmacy districts. One of the
|
0003| pharmacist members shall be appointed for a term ending July 1,
|
0004| 1970, and one pharmacist member shall be appointed for a term
|
0005| ending on July 1 of each of the following four years.
|
0006| Thereafter, appointments of pharmacist members shall be made
|
0007| for five years or less each and made in such a manner that the
|
0008| term of one pharmacist member expires on July 1 of each year.
|
0009| [Not more than] One pharmacist member shall come from [a]
|
0010| each pharmacy district. Each pharmacist member of the board
|
0011| shall have been actively engaged in the pharmaceutical
|
0012| profession in this state for at least three years immediately
|
0013| prior to his appointment and shall have had a minimum of eight
|
0014| years of practical experience as a pharmacist. A vacancy shall
|
0015| be filled by appointment by the governor for the unexpired term
|
0016| from lists submitted by the New Mexico pharmaceutical
|
0017| association to the governor. Pharmacist members shall reside
|
0018| in the [district] districts from which they are appointed.
|
0019| C. Three members of the board shall be appointed by
|
0020| the governor to represent the public. The public members of
|
0021| the board shall not have been licensed as pharmacists or have
|
0022| any significant financial interest, whether direct or indirect,
|
0023| in the [occupation] profession regulated. A vacancy in
|
0024| [the] a public [members' terms] member's term shall be
|
0025| filled by appointment by the governor for the unexpired term.
|
0001| [Initial] Appointments of public members shall be made for
|
0002| staggered terms of five years or less each and made in such a
|
0003| manner that not more than two [board] public members' terms
|
0004| shall expire on July 1 of each year.
|
0005| D. One member of the board shall be a hospital
|
0006| pharmacist selected at large from a list submitted to the
|
0007| governor by the New Mexico society of hospital pharmacists. On
|
0008| July 1, 1985, the governor shall appoint a hospital pharmacist
|
0009| member to the board for a term expiring July 1, 1990, and
|
0010| successors to the hospital pharmacist member shall be appointed
|
0011| by the governor to terms of five years. A vacancy in the
|
0012| hospital pharmacist member term shall be filled by appointment
|
0013| by the governor for the unexpired term from a list submitted to
|
0014| the governor by the New Mexico society of hospital pharmacists.
|
0015| E. There are created five pharmacy districts as
|
0016| follows:
|
0017| (1) northeast district, which shall be composed
|
0018| of the counties of Colfax, Guadalupe, Harding, Los Alamos,
|
0019| Mora, Quay, Rio Arriba, Sandoval, San Miguel, Santa Fe, Taos,
|
0020| Torrance and Union;
|
0021| (2) northwest district, which shall be composed
|
0022| of the counties of McKinley, San Juan, Valencia and Cibola;
|
0023| (3) central district, which shall be composed of
|
0024| the county of Bernalillo;
|
0025| (4) southeast district, which shall be composed
|
0001| of the counties of Chaves, Curry, De Baca, Eddy, Lea and
|
0002| Roosevelt; and
|
0003| (5) southwest district, which shall be composed
|
0004| of the counties of Catron, Dona Ana, Grant, Hidalgo, Lincoln,
|
0005| Luna, Otero, Sierra and Socorro.
|
0006| F. No board member shall serve more than two full
|
0007| terms, consecutive or otherwise.
|
0008| G. Any board member failing to attend three
|
0009| consecutive regular meetings is automatically removed as a
|
0010| member of the board.
|
0011| H. The governor may remove any member of the board
|
0012| for neglect of any duty required by law, for incompetency or
|
0013| for unprofessional conduct and shall remove any board member
|
0014| who violates any provision of the Pharmacy Act.
|
0015| I. If a vacancy occurs on the board for any reason,
|
0016| the secretary of the board shall immediately notify the
|
0017| governor, the board members and any generally recognized
|
0018| association or organization of pharmacists of the reason for
|
0019| its occurrence and the action taken by the board, so as to
|
0020| expedite the appointment of a new board member."
|
0021| Section 75. Section 61-11-5 NMSA 1978 (being Laws 1969,
|
0022| Chapter 29, Section 4) is amended to read:
|
0023| "61-11-5. BOARD MEETINGS--QUORUM--OFFICERS--BONDS--
|
0024| EXPENSES.--
|
0025| A. The board shall annually elect a chairman, vice
|
0001| chairman and secretary-treasurer from its membership.
|
0002| B. The board shall meet at least once every three
|
0003| months. Special meetings may be called by the chairman and
|
0004| shall be called upon the written request of two or more members
|
0005| of the board. Notification of special meetings shall be made
|
0006| by certified mail unless the notice is waived by the entire
|
0007| board and noted in the minutes. Notice of all regular meetings
|
0008| shall be made by regular mail at least ten days prior to the
|
0009| meeting, and copies of the minutes of all meetings shall be
|
0010| mailed to each board member within forty-five days after any
|
0011| meeting.
|
0012| C. A majority of the board constitutes a quorum.
|
0013| D. The executive officer and any member or employee
|
0014| of the board who handles money or who certifies the receipt or
|
0015| disbursement of money received by the board shall, within
|
0016| thirty days after appointment, execute a bond in a sum set by
|
0017| the board, conditioned on the faithful performance of the
|
0018| duties of the office and an accounting for all funds coming
|
0019| into his hands. The bonds shall be signed by a surety company
|
0020| authorized to do business in this state and be filed with and
|
0021| approved by the board.
|
0022| E. Members of the board shall [be reimbursed as
|
provided in the Per Diem and Mileage Act and shall receive no
|
other compensation, perquisite or allowance] serve without
|
0025| compensation other than reasonable reimbursement for mileage
|
0001| and per diem as determined by the board and paid from board
|
0002| funds." Section 76. Section 61-11-6 NMSA 1978 (being Laws
|
0003| 1969, Chapter 29, Section 5, as amended) is amended to read:
|
0004| "61-11-6. POWERS AND DUTIES OF BOARD.--The board
|
0005| [shall]:
|
0006| A. may adopt, regularly review and revise rules and
|
0007| regulations necessary to carry out the provisions of the
|
0008| Pharmacy Act after hearings open to the public;
|
0009| B. shall provide for at least two examinations a
|
0010| year of applicants for registration as pharmacists;
|
0011| C. shall provide for the registration and the
|
0012| annual renewal of licenses for pharmacists;
|
0013| D. shall require and establish criteria for
|
0014| continuing education as a condition of renewal of annual
|
0015| licensure;
|
0016| E. shall provide for the registration of pharmacist
|
0017| interns, their certification, annual renewal of certification,
|
0018| training, supervision and discipline;
|
0019| F. shall provide for the licensing of retail
|
0020| pharmacies, nonresident pharmacies, wholesale drug
|
0021| distributors, drug manufacturers, hospital pharmacies and the
|
0022| drug rooms of hospitals, nursing home drug facilities,
|
0023| industrial and public health clinics and all places where
|
0024| dangerous drugs are dispensed or administered and provide for
|
0025| the inspection of their facilities and activities;
|
0001| G. shall enforce the provisions of all laws of the
|
0002| state pertaining to the practice of pharmacy and the
|
0003| manufacture, production, sale or distribution of drugs,
|
0004| cosmetics or poisons and their standards of strength and
|
0005| purity;
|
0006| H. shall conduct hearings upon charges relating to
|
0007| the discipline of a registrant or licensee or the denial,
|
0008| suspension or revocation of a certificate of registration or a
|
0009| license in accordance with the Uniform Licensing Act;
|
0010| [I. provide for the institution of proceedings
|
concerning minor violations of the Pharmacy Act whenever the
|
board believes that the public interest will be adequately
|
served by a suitable written notice or warning, or by a
|
suspension of registration or licensure for a period not to
|
exceed thirty days;
|
J.] I. may cause the prosecution of any person
|
0017| violating the Pharmacy Act, the New Mexico Drug, Device and
|
0018| Cosmetic Act or the Controlled Substances Act;
|
0019| [K.] J. shall keep a record of all proceedings of
|
0020| the board;
|
0021| [L. make an annual report to the governor;
|
M.] K. may appoint and employ, in the board's
|
0023| discretion, a qualified person who is not a member of the board
|
0024| to serve as executive officer to the board and define his
|
0025| duties and responsibilities, except that the power to grant,
|
0001| deny, revoke or suspend any license or registration authorized
|
0002| by the Pharmacy Act shall not be delegated by the board;
|
0003| [N.] L. may appoint and employ inspectors
|
0004| necessary to enforce the provisions of all acts under the
|
0005| administration of the board, which inspectors shall be
|
0006| pharmacists and have all the powers and duties of peace
|
0007| officers. Notwithstanding any other provisions of the
|
0008| Pharmacy Act, inspectors are state employees and are not exempt
|
0009| from the Personnel Act or those provisions of law relating to
|
0010| state employees specified in Subsections B and C of Section 77
|
0011| of this act;
|
0012| [O.] M. may provide for qualified employees
|
0013| necessary to carry out the provisions of the Pharmacy Act,
|
0014| which employees, unless otherwise provided in that act, serve
|
0015| at the pleasure of the board and are exempt from the provisions
|
0016| of the Personnel Act. The board may provide for health
|
0017| insurance or other benefits for its employees;
|
0018| [P. have the authority to] N. may employ a
|
0019| competent attorney to give advice and counsel in regard to any
|
0020| matter connected with the duties of the board, to represent the
|
0021| board in any legal proceedings and to aid in the enforcement of
|
0022| the laws in relation to the pharmacy profession and to fix the
|
0023| compensation to be paid to the attorney; provided, however,
|
0024| that the attorney shall be compensated from the funds of the
|
0025| board, including those provided for in Section 61-11-19 NMSA
|
0001| 1978. The board may request the attorney general to provide
|
0002| the legal services the board deems necessary for the
|
0003| administration of the Pharmacy Act;
|
0004| [Q.] O. may adopt, regularly review and revise
|
0005| rules and regulations regarding the use of supportive
|
0006| personnel, including pharmacists' supervision, duties and
|
0007| responsibilities in relation to supportive personnel and
|
0008| requirements for training of supportive personnel, including
|
0009| on-the-job training; [and
|
R.] P. may adopt rules and regulations that define
|
0011| requirements for patient counseling in each practice setting;
|
0012| and
|
0013| Q. may enter into contracts."
|
0014| Section 77. A new section of the Pharmacy Act is enacted
|
0015| to read:
|
0016| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0017| A. Except as otherwise provided in Section 61-11-6
|
0018| NMSA 1978, the board is specifically exempted from the
|
0019| provisions of the Procurement Code, the Art in Public Places
|
0020| Act, the Information and Communication Management Act and
|
0021| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0022| through 15-3-34 NMSA 1978.
|
0023| B. The board is also specifically exempted from the
|
0024| provisions of the Deferred Compensation Act, the Group Benefits
|
0025| Act, the Public Employee Bargaining Act, the Per Diem and
|
0001| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0002| provided, however, that an employee of the regulation and
|
0003| licensing department who subsequently becomes employed by the
|
0004| board without a break in service may, by agreement of the
|
0005| board, continue to participate in and be covered by those acts
|
0006| until separation from employment with the board. Where
|
0007| required under those acts, the board shall make contributions
|
0008| for the participating employee.
|
0009| C. The board is also specifically exempted from the
|
0010| provisions of the Public Employees Retirement Act and Retiree
|
0011| Health Care Act; provided, however, that an employee of the
|
0012| regulation and licensing department who subsequently becomes
|
0013| employed by the board without a break in service may, by
|
0014| agreement of the board, continue to participate in the public
|
0015| employee retirement system under the terms and conditions of
|
0016| the Public Employees Retirement Act and the retiree health care
|
0017| system under the terms and conditions of the Retiree Health
|
0018| Care Act until separation from employment with the board. The
|
0019| board shall make contributions as required by those acts for
|
0020| the participating employee.
|
0021| D. The board is also specifically exempted from the
|
0022| provisions of the Personnel Act; provided, however, that an
|
0023| employee in the classified service in the regulation and
|
0024| licensing department who subsequently becomes employed by the
|
0025| board without a break in service may, by agreement of the
|
0001| board, remain in the classified service and be covered by the
|
0002| Personnel Act until separation from employment with the board.
|
0003| For all other employees, the board may adopt its own employment
|
0004| policies."
|
0005| Section 78. A new section of the Pharmacy Act is enacted
|
0006| to read:
|
0007| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0008| board, as an organization and its individual members and
|
0009| employees, is specifically subject to and covered by the
|
0010| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0011| Act, the Inspection of Public Records Act, the Public Records
|
0012| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0013| Financial Disclosure Act and any other state law applicable to
|
0014| the board unless otherwise specifically exempted in the
|
0015| Pharmacy Act."
|
0016| Section 79. Section 61-11-19 NMSA 1978 (being Laws 1969,
|
0017| Chapter 29, Section 18, as amended) is repealed and a new
|
0018| Section 61-11-19 NMSA 1978 is enacted to read:
|
0019| "61-11-19. [NEW MATERIAL] BOARD FUNDS.--
|
0020| A. All money received by the board from fees provided
|
0021| for in the Pharmacy Act shall be deposited in an account in a
|
0022| federally insured financial institution qualified to do
|
0023| business in New Mexico. Money in the account shall be
|
0024| withdrawn on the order of the board or its designee and shall
|
0025| be used only to carry out the board's duties pursuant to that
|
0001| act.
|
0002| B. In accordance with the provisions of the Audit
|
0003| Act, the state auditor may examine the accounts and books of
|
0004| the board, including its receipts, disbursements, contracts,
|
0005| leases and other records relating to the performance of its
|
0006| duties pursuant to the Pharmacy Act. In addition, the governor
|
0007| may call for any additional, special audits by the state
|
0008| auditor whenever deemed necessary for the protection and
|
0009| oversight of board funds.
|
0010| C. Money of the board is not public money or state
|
0011| funds within the meaning of any law of the state relating to
|
0012| investment, deposit, security or expenditure of public money.
|
0013| D. All amounts paid to the board shall be used only
|
0014| for the purpose of meeting necessary expenses incurred in the
|
0015| enforcement of the purposes of the Pharmacy Act and any other
|
0016| acts administered by the board, the duties imposed by those
|
0017| acts and the promotion of pharmacy education and standards in
|
0018| the state.
|
0019| E. All funds that have accumulated to the credit of
|
0020| the pharmacy fund shall be continued for use by the board in
|
0021| administration of the Pharmacy Act."
|
0022| Section 80. Section 61-11-29 NMSA 1978 (being Laws 1979,
|
0023| Chapter 266, Section 2, as amended) is amended to read:
|
0024| "61-11-29. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--
|
0025| The board of pharmacy is terminated on July 1, [1997] 2003
|
0001| pursuant to the Sunset Act. The board shall continue to
|
0002| operate according to the provisions of Chapter 61, Article 11
|
0003| NMSA 1978 until July 1, [1998] 2004. Effective July 1,
|
0004| [1998 Article 11 of] 2004, Chapter 61, Article 11 NMSA
|
0005| 1978 is repealed."
|
0006| Section 81. Section 61-12A-1 NMSA 1978 (being Laws 1996,
|
0007| Chapter 55, Section 1) is amended to read:
|
0008| "61-12A-1. SHORT TITLE.--[This act] Chapter 61,
|
0009| Article 12A NMSA 1978 may be cited as the "Occupational
|
0010| Therapy Act"."
|
0011| Section 82. Section 61-12A-8 NMSA 1978 (being Laws 1996,
|
0012| Chapter 55, Section 8) is amended to read:
|
0013| "61-12A-8. BOARD CREATED.--
|
0014| A. The "board of examiners for occupational therapy"
|
0015| is created.
|
0016| B. The board shall consist of five members appointed
|
0017| by the governor who have been residents of the state for two
|
0018| years preceding the appointment.
|
0019| C. Three members shall be licensed under the
|
0020| provisions of the Occupational Therapy Act; have a minimum of
|
0021| five years' professional experience, with two years' experience
|
0022| in New Mexico; and have not had their licenses suspended or
|
0023| revoked by this or any other state. One of the professional
|
0024| members may be a certified occupational therapy assistant; one
|
0025| of the professional members may be a retired registered
|
0001| occupational therapist.
|
0002| D. Two members shall represent the public. The two
|
0003| public members shall have no direct interest in the profession
|
0004| of occupational therapy. The public members shall not:
|
0005| (1) have been convicted of a felony;
|
0006| (2) be habitually intemperate or be addicted to
|
0007| the use of habit-forming drugs or be addicted to any vice to
|
0008| such a degree as to render him unfit to fulfill his board
|
0009| duties and responsibilities; or
|
0010| (3) be guilty of any violation of the Controlled
|
0011| Substances Act.
|
0012| E. Appointments shall be made for staggered terms of
|
0013| three years with no more than two terms ending at any one time.
|
0014| No board member shall serve more than two consecutive terms.
|
0015| Vacancies shall be filled for the unexpired term by appointment
|
0016| by the governor prior to the next scheduled board meeting.
|
0017| F. No individual member of the board is liable in a
|
0018| civil or criminal action for any act performed in good faith in
|
0019| the execution of his duties as a member of the board.
|
0020| G. Members of the board shall [be reimbursed for per
|
diem and travel expenses as provided in the Per Diem and
|
Mileage Act and shall receive no other compensation, perquisite
|
or allowance] serve without compensation other than
|
0024| reasonable reimbursement for mileage and per diem as determined
|
0025| by the board and paid from board funds.
|
0001| H. A simple majority of the board members currently
|
0002| serving shall constitute a quorum of the board for the conduct
|
0003| of business.
|
0004| I. The board shall meet at least four times a year
|
0005| and at such other times as it deems necessary. Additional
|
0006| meetings may be convened at the call of the president of the
|
0007| board or on the written request of any two board members to the
|
0008| president. Meetings of the board shall be conducted in
|
0009| accordance with the provisions of the Open Meetings Act.
|
0010| J. Any member failing to attend three consecutive
|
0011| meetings, unless excused as provided by board policy, shall
|
0012| automatically be recommended for removal as a member of the
|
0013| board.
|
0014| K. At the beginning of each [fiscal] year, the
|
0015| board shall elect a president, vice president and [a]
|
0016| secretary-treasurer."
|
0017| Section 83. Section 61-12A-9 NMSA 1978 (being Laws 1996,
|
0018| Chapter 55, Section 9) is amended to read:
|
0019| "61-12A-9. BOARD--POWERS AND DUTIES.--
|
0020| A. The board shall:
|
0021| (1) adopt, file, amend or repeal rules and
|
0022| regulations in accordance with the Uniform Licensing Act to
|
0023| carry out the provisions of the Occupational Therapy Act;
|
0024| (2) use funds for the purpose of meeting the
|
0025| necessary expenses incurred in carrying out the provisions of
|
0001| the Occupational Therapy Act;
|
0002| (3) adopt a code of ethics;
|
0003| (4) enforce the provisions of the Occupational
|
0004| Therapy Act to protect the public by conducting hearings on
|
0005| charges relating to the discipline of licensees, including the
|
0006| denial, suspension or revocation of a license;
|
0007| (5) establish and collect fees;
|
0008| (6) provide for examination for and issuance,
|
0009| renewal and reinstatement of licenses;
|
0010| (7) establish, impose and collect fines for
|
0011| violations of the Occupational Therapy Act; and
|
0012| (8) appoint a registrar to keep records and
|
0013| minutes necessary to carry out the functions of the board [and
|
(9) obtain the legal assistance of the attorney
|
general].
|
0016| B. The board may:
|
0017| (1) hire or contract with an attorney to give
|
0018| advice and counsel in regard to any matter connected with the
|
0019| duties of the board, to represent the board in any legal
|
0020| proceedings and to aid in the enforcement of the Occupational
|
0021| Therapy Act. The board shall set the compensation of the
|
0022| attorney to be paid from the funds of the board. In the
|
0023| alternative, the board may seek the legal advice and assistance
|
0024| of the attorney general;
|
0025| (2) issue investigative subpoenas for the
|
0001| purpose of investigating complaints against licensees prior to
|
0002| the issuance of a notice of contemplated action;
|
0003| (3) hire or contract with an investigator to
|
0004| investigate complaints that have been filed with the board.
|
0005| The board shall set the compensation of the investigator to be
|
0006| paid from the funds of the board;
|
0007| (4) inspect establishments; [and]
|
0008| (5) designate hearing officers;
|
0009| (6) employ staff it deems necessary to assist
|
0010| it in carrying out its duties pursuant to the Occupational
|
0011| Therapy Act and provide for health insurance or other benefits
|
0012| for them. Except as otherwise provided in that act, employees
|
0013| serve at the pleasure of the board and are exempt from the
|
0014| provisions of the Personnel Act; and
|
0015| (7) enter into contracts."
|
0016| Section 84. Section 61-12A-10 NMSA 1978 (being Laws 1996,
|
0017| Chapter 55, Section 10) is amended to read:
|
0018| "61-12A-10. BOARD--ADMINISTRATIVE PROCEDURES.--[A. The
|
board may employ and discharge such employees as it deems
|
necessary and shall determine their duties and set their
|
compensation.
|
B.] The board shall appoint a registrar who is
|
0023| either the board member elected as the secretary-treasurer or
|
0024| such other person as the board may designate who is an employee
|
0025| of the board or the state. The registrar of the board may
|
0001| receive reimbursement for necessary expenses incurred in
|
0002| carrying out his duties and, if he is an employee, such
|
0003| compensation as the board may set. The registrar shall keep a
|
0004| written record in which shall be registered the name, license
|
0005| number, date of license issuance, current address, record of
|
0006| annual license fee payments, minutes and any other data as the
|
0007| board deems necessary regarding licensees."
|
0008| Section 85. A new section of the Occupational Therapy Act
|
0009| is enacted to read:
|
0010| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0011| A. The board is specifically exempted from the
|
0012| provisions of the Procurement Code, the Art in Public Places
|
0013| Act, the Information and Communication Management Act and
|
0014| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0015| through 15-3-34 NMSA 1978.
|
0016| B. The board is also specifically exempted from the
|
0017| provisions of the Deferred Compensation Act, the Group Benefits
|
0018| Act, the Public Employee Bargaining Act, the Per Diem and
|
0019| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0020| provided, however, that an employee of the regulation and
|
0021| licensing department who subsequently becomes employed by the
|
0022| board without a break in service may, by agreement of the
|
0023| board, continue to participate in and be covered by those acts
|
0024| until separation from employment with the board. Where
|
0025| required under those acts, the board shall make contributions
|
0001| for the participating employee.
|
0002| C. The board is also specifically exempted from the
|
0003| provisions of the Public Employees Retirement Act and the
|
0004| Retiree Health Care Act; provided, however, that an employee of
|
0005| the regulation and licensing department who subsequently
|
0006| becomes employed by the board without a break in service may,
|
0007| by agreement of the board, continue to participate in the
|
0008| public employee retirement system under the terms and
|
0009| conditions of the Public Employees Retirement Act and the
|
0010| retiree health care system under the terms and conditions of
|
0011| the Retiree Health Care Act until separation from employment
|
0012| with the board. The board shall make contributions as required
|
0013| by those acts for the participating employee.
|
0014| D. The board is also specifically exempted from the
|
0015| provisions of the Personnel Act; provided, however, that an
|
0016| employee in the classified service in the regulation and
|
0017| licensing department who subsequently becomes employed by the
|
0018| board without a break in service may, by agreement of the
|
0019| board, remain in the classified service and be covered by the
|
0020| Personnel Act until separation from employment with the board.
|
0021| For all other employees, the board may adopt its own employment
|
0022| policies."
|
0023| Section 86. A new section of the Occupational Therapy Act
|
0024| is enacted to read:
|
0025| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0001| board, as an organization and its individual members and
|
0002| employees, is specifically subject to and covered by the
|
0003| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0004| Act, the Inspection of Public Records Act, the Public Records
|
0005| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0006| Financial Disclosure Act and any other state law applicable to
|
0007| the board unless otherwise specifically exempted in the
|
0008| Occupational Therapy Act."
|
0009| Section 87. Section 61-12A-20 NMSA 1978 (being Laws 1996,
|
0010| Chapter 55, Section 20) is repealed and a new Section 61-12A-20
|
0011| NMSA 1978 is enacted to read:
|
0012| "61-12A-20. [NEW MATERIAL] BOARD FUNDS.--
|
0013| A. All money received by the board from fees provided
|
0014| for in the Occupational Therapy Act shall be deposited in an
|
0015| account in a federally insured financial institution qualified
|
0016| to do business in New Mexico. Money in the account shall be
|
0017| withdrawn on the order of the board or its designee and shall
|
0018| be used only to carry out the board's duties pursuant to that
|
0019| act.
|
0020| B. In accordance with the provisions of the Audit
|
0021| Act, the state auditor may examine the accounts and books of
|
0022| the board, including its receipts, disbursements, contracts,
|
0023| leases and other records relating to the performance of its
|
0024| duties pursuant to the Occupational Therapy Act. In addition,
|
0025| the governor may call for any additional, special audits by the
|
0001| state auditor whenever deemed necessary for the protection and
|
0002| oversight of board funds.
|
0003| C. Money of the board is not public money or state
|
0004| funds within the meaning of any law of the state relating to
|
0005| investment, deposit, security or expenditure of public money."
|
0006| Section 88. Section 61-12A-24 NMSA 1978 (being Laws 1996,
|
0007| Chapter 55, Section 24) is amended to read:
|
0008| "61-12A-24. TERMINATION OF AGENCY LIFE--DELAYED
|
0009| REPEAL.--The board of examiners for occupational therapy is
|
0010| terminated on July 1, [1997] 2001 pursuant to the
|
0011| provisions of the Sunset Act. The board shall continue to
|
0012| operate according to the provisions of the Occupational Therapy
|
0013| Act until July 1, [1998] 2002. Effective July 1, [1998]
|
0014| 2002, the Occupational Therapy Act is repealed."
|
0015| Section 89. Section 61-12B-1 NMSA 1978 (being Laws 1984,
|
0016| Chapter 103, Section 1) is amended to read:
|
0017| "61-12B-1. SHORT TITLE.--[This act] Chapter 61,
|
0018| Article 12B NMSA 1978 may be cited as the "Respiratory Care
|
0019| Act"."
|
0020| Section 90. Section 61-12B-3 NMSA 1978 (being Laws 1984,
|
0021| Chapter 103, Section 3, as amended) is amended to read:
|
0022| "61-12B-3. DEFINITIONS.--As used in the Respiratory Care
|
0023| Act:
|
0024| A. "board" means the [advisory] board of
|
0025| respiratory care practitioners;
|
0001| [B. "department" means the regulation and licensing
|
department or that division of the department designated to
|
administer the provisions of the Respiratory Care Act;
|
C.] B. "respiratory care" means a health care
|
0005| profession, under medical direction, employed in the therapy,
|
0006| management, rehabilitation, diagnostic evaluation and care of
|
0007| patients with deficiencies and abnormalities which affect the
|
0008| cardiopulmonary system and associated aspects of other system
|
0009| functions, and the terms "respiratory therapy" and "inhalation
|
0010| therapy" where such terms mean respiratory care;
|
0011| [D.] C. "practice of respiratory care" includes
|
0012| [but is not limited to]:
|
0013| (1) direct and indirect cardiopulmonary care
|
0014| services that are of comfort, safe, aseptic, preventative and
|
0015| restorative to the patient;
|
0016| (2) cardiopulmonary care services, including
|
0017| [but not limited to] the administration of pharmacological,
|
0018| diagnostic and therapeutic agents related to cardiopulmonary
|
0019| care necessary to implement treatment, disease prevention,
|
0020| cardiopulmonary rehabilitation or a diagnostic regimen,
|
0021| including paramedical therapy and baromedical therapy;
|
0022| (3) specific diagnostic and testing techniques
|
0023| employed in the medical management of patients to assist in
|
0024| diagnosis, monitoring, treatment and research of
|
0025| cardiopulmonary abnormalities, including [but not limited to]
|
0001| pulmonary function testing, hemodynamic and physiologic
|
0002| monitoring of cardiac function and collection of arterial and
|
0003| venous blood for analysis;
|
0004| (4) observation, assessment and monitoring of
|
0005| signs and symptoms, general behavior, general physical response
|
0006| to cardiopulmonary care treatment and diagnostic testing,
|
0007| including determination of whether such signs, symptoms,
|
0008| reactions, behavior or general response exhibit abnormal
|
0009| characteristics;
|
0010| (5) implementation based on observed
|
0011| abnormalities, appropriate reporting, referral, respiratory
|
0012| care protocols or changes in treatment, pursuant to a
|
0013| prescription by a physician authorized to practice medicine or
|
0014| the initiation of emergency procedures or as otherwise
|
0015| permitted in the Respiratory Care Act;
|
0016| (6) establishing and maintaining the natural
|
0017| airways, insertion and maintenance of artificial airways,
|
0018| bronchopulmonary hygiene and cardiopulmonary resuscitation,
|
0019| along with cardiac and ventilatory life support diagnosis; and
|
0020| (7) the practice of respiratory care performed
|
0021| in any clinic, hospital, skilled nursing facility, private
|
0022| dwelling or other place deemed appropriate or necessary by the
|
0023| board;
|
0024| [E.] D. "expanded practice" means the practice of
|
0025| respiratory care by a respiratory care practitioner who has
|
0001| completed a recognized program of study to function beyond the
|
0002| scope of practice of respiratory care;
|
0003| [F.] E. "respiratory care practitioner" means a
|
0004| person who is licensed to practice respiratory care in New
|
0005| Mexico. The respiratory care practitioner may transcribe and
|
0006| implement a physician's written and verbal orders pertaining to
|
0007| the practice of respiratory care and "respiratory care
|
0008| protocols", meaning a predetermined, written medical care plan,
|
0009| which can include standing orders; and
|
0010| [G.] F. "respiratory therapy training program"
|
0011| means a program accredited or recognized by the American
|
0012| medical association's committee on allied health education and
|
0013| accreditation in collaboration with the joint review committee
|
0014| for respiratory therapy education [and
|
H. "superintendent" means the superintendent of
|
regulation and licensing]."
|
0017| Section 91. Section 61-12B-5 NMSA 1978 (being Laws 1984,
|
0018| Chapter 103, Section 5, as amended) is amended to read:
|
0019| "61-12B-5. [ADVISORY] BOARD CREATED.--
|
0020| A. The [superintendent] governor shall appoint
|
0021| [an "advisory] the "board of respiratory care
|
0022| practitioners" consisting of five members as follows:
|
0023| (1) one physician licensed in New Mexico who is
|
0024| knowledgeable in respiratory care;
|
0025| (2) two respiratory care practitioners; and
|
0001| (3) two public members who are residents of New
|
0002| Mexico. The public members shall not have been licensed as
|
0003| respiratory care practitioners nor shall they have any
|
0004| financial interest, direct or indirect, in the occupation
|
0005| regulated.
|
0006| B. Each member shall serve no more than two
|
0007| three-year terms.
|
0008| C. The members of the board shall [receive per diem
|
and mileage as provided for nonsalaried public officers in the
|
Per Diem and Mileage Act and shall receive no other
|
compensation, perquisite or allowance in connection with the
|
discharge of their duties as board members] serve without
|
0013| compensation other than reasonable reimbursement for mileage
|
0014| and per diem as determined by the board and paid from board
|
0015| funds. D. Three members, including at least one
|
0016| public member, constitute a quorum.
|
0017| [D.] E. Any member failing, after proper notice,
|
0018| to attend any three consecutive meetings of the board without a
|
0019| reasonable excuse shall be automatically removed from the
|
0020| board."
|
0021| Section 92. Section 61-12B-6 NMSA 1978 (being Laws 1984,
|
0022| Chapter 103, Section 6, as amended) is amended to read:
|
0023| "61-12B-6. [DEPARTMENT] BOARD--DUTIES.--
|
0024| A. The [department, in consultation with the] board
|
0025| shall:
|
0001| (1) evaluate the qualifications of applicants
|
0002| and review any required examination results of applicants and
|
0003| may recognize the entry level examination written by the
|
0004| national board for respiratory care, [inc.] incorporated,
|
0005| or any successor board;
|
0006| (2) collect and review data and statistics with
|
0007| respect to respiratory care, treatment, services or facilities
|
0008| for the purpose of granting, suspending or revoking respiratory
|
0009| care licenses;
|
0010| (3) issue licenses and temporary permits to
|
0011| applicants who meet the requirements of the Respiratory Care
|
0012| Act;
|
0013| (4) administer, coordinate and enforce the
|
0014| provisions of the Respiratory Care Act and investigate persons
|
0015| engaging in practices that may violate the provisions of that
|
0016| act; and
|
0017| (5) adopt rules and regulations to allow the
|
0018| interstate transport of patients.
|
0019| B. The [department, in consultation with the] board
|
0020| may:
|
0021| (1) conduct any required examinations of
|
0022| respiratory care practitioner applicants; [and]
|
0023| (2) deny, suspend or revoke temporary permits or
|
0024| licenses to practice respiratory care as provided in the
|
0025| Respiratory Care Act in accordance with the provisions of the
|
0001| Uniform Licensing Act;
|
0002| (3) employ staff it deems necessary to assist
|
0003| it in carrying out its duties pursuant to the Respiratory Care
|
0004| Act and may provide for health insurance or other benefits for
|
0005| them. Except as otherwise provided in that act, employees
|
0006| serve at the pleasure of the board and are exempt from the
|
0007| provisions of the Personnel Act; and
|
0008| (4) enter into contracts."
|
0009| Section 93. A new section of the Respiratory Care Act is
|
0010| enacted to read:
|
0011| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0012| board, the attorney general shall provide such legal services
|
0013| to the board necessary for the administration of the
|
0014| Respiratory Care Act; provided, however, that the board may, in
|
0015| its discretion, employ or contract for the services of other
|
0016| attorneys to assist it in the administration of that act."
|
0017| Section 94. A new section of the Respiratory Care Act is
|
0018| enacted to read:
|
0019| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0020| A. The board is specifically exempted from the
|
0021| provisions of the Procurement Code, the Art in Public Places
|
0022| Act, the Information and Communication Management Act and
|
0023| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0024| through 15-3-34 NMSA 1978.
|
0025| B. The board is also specifically exempted from the
|
0001| provisions of the Deferred Compensation Act, the Group Benefits
|
0002| Act, the Public Employee Bargaining Act, the Per Diem and
|
0003| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0004| provided, however, that an employee of the regulation and
|
0005| licensing department who subsequently becomes employed by the
|
0006| board without a break in service may, by agreement of the
|
0007| board, continue to participate in and be covered by those acts
|
0008| until separation from employment with the board. Where
|
0009| required under those acts, the board shall make contributions
|
0010| for the participating employee.
|
0011| C. The board is also specifically exempted from the
|
0012| provisions of the Public Employees Retirement Act and the
|
0013| Retiree Health Care Act; provided, however, that an employee of
|
0014| the regulation and licensing department who subsequently
|
0015| becomes employed by the board without a break in service may,
|
0016| by agreement of the board, continue to participate in the
|
0017| public employee retirement system under the terms and
|
0018| conditions of the Public Employees Retirement Act and the
|
0019| retiree health care system under the terms and conditions of
|
0020| the Retiree Health Care Act until separation from employment
|
0021| with the board. The board shall make contributions as required
|
0022| by those acts for the participating employee.
|
0023| D. The board is also specifically exempted from the
|
0024| provisions of the Personnel Act; provided, however, that an
|
0025| employee in the classified service in the regulation and
|
0001| licensing department who subsequently becomes employed by the
|
0002| board without a break in service may, by agreement of the
|
0003| board, remain in the classified service and be covered by the
|
0004| Personnel Act until separation from employment with the board.
|
0005| For all other employees, the board may adopt its own employment
|
0006| policies."
|
0007| Section 95. A new section of the Respiratory Care Act is
|
0008| enacted to read:
|
0009| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0010| board, as an organization and its individual members and
|
0011| employees, is specifically subject to and covered by the
|
0012| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0013| Act, the Inspection of Public Records Act, the Public Records
|
0014| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0015| Financial Disclosure Act and any other state law applicable to
|
0016| the board unless otherwise specifically exempted in the
|
0017| Respiratory Care Act."
|
0018| Section 96. Section 61-12B-7 NMSA 1978 (being Laws 1984,
|
0019| Chapter 103, Section 7, as amended) is amended to read:
|
0020| "61-12B-7. LICENSING BY TRAINING AND EXAMINATION.--
|
0021| A. Any person desiring to become licensed as a
|
0022| respiratory care practitioner shall make application to the
|
0023| [department] board on a written form and in such manner as
|
0024| the [department] board prescribes, pay all required
|
0025| application fees and certify and furnish evidence to the
|
0001| [department] board that the applicant:
|
0002| (1) has successfully completed a training
|
0003| program as defined in the Respiratory Care Act;
|
0004| (2) has passed an entry level examination, as
|
0005| specified by rules and regulations of the [department]
|
0006| board, for respiratory care practitioners administered by the
|
0007| national board of respiratory care, incorporated, or any
|
0008| successor board;
|
0009| (3) is of good moral character; and
|
0010| (4) has successfully completed any other
|
0011| training or education programs and passed any other
|
0012| examinations as required by rules and regulations of the
|
0013| [department] board.
|
0014| B. The [department, in consultation with the] board
|
0015| shall develop rules and regulations that describe the scope and
|
0016| qualifications for expanded practice roles of respiratory care
|
0017| practitioners."
|
0018| Section 97. Section 61-12B-8 NMSA 1978 (being Laws 1984,
|
0019| Chapter 103, Section 8, as amended) is amended to read:
|
0020| "61-12B-8. LICENSING WITHOUT TRAINING AND
|
0021| EXAMINATION.--The [department] board shall waive the
|
0022| education and examination requirements for applicants who
|
0023| present proof of current licensure in a state [which] that
|
0024| has standards at least equal to those for licensure in New
|
0025| Mexico as required by the Respiratory Care Act."
|
0001| Section 98. Section 61-12B-9 NMSA 1978 (being Laws 1984,
|
0002| Chapter 103, Section 9, as amended) is amended to read:
|
0003| "61-12B-9. OTHER LICENSING PROVISIONS.--
|
0004| A. The [department, in consultation with the] board
|
0005| shall adopt rules and regulations for mandatory continuing
|
0006| education requirements that shall be completed as a condition
|
0007| for renewal of any license issued pursuant to provisions of the
|
0008| Respiratory Care Act.
|
0009| B. The [department, in consultation with the] board
|
0010| may adopt rules and regulations for issuance of temporary
|
0011| permits for students and graduates of approved training
|
0012| programs to practice limited respiratory care under the direct
|
0013| supervision of a licensed respiratory care practitioner or
|
0014| physician. Rules and regulations shall be adopted defining,
|
0015| for the purposes of the Respiratory Care Act, the terms
|
0016| "students" and "direct supervision".
|
0017| C. The license issued by the [department] board
|
0018| shall describe the licensed person as a "respiratory care
|
0019| practitioner licensed by the [New Mexico regulation and
|
licensing department] board of respiratory care
|
0021| practitioners" and shall be displayed in the licensee's place
|
0022| of business.
|
0023| D. Unless licensed as a respiratory care practitioner
|
0024| pursuant to provisions of the Respiratory Care Act, no person
|
0025| shall use the title "respiratory care practitioner", the
|
0001| abbreviation "R.C.P." or any other title or abbreviation to
|
0002| indicate that the person is a licensed respiratory care
|
0003| practitioner.
|
0004| E. A copy of the valid license or temporary permit
|
0005| issued pursuant to the Respiratory Care Act shall be displayed
|
0006| at the respiratory care practitioner's place of employment.
|
0007| F. Licenses, including initial licenses, shall be
|
0008| issued for a period of two years."
|
0009| Section 99. Section 61-12B-11 NMSA 1978 (being Laws 1984,
|
0010| Chapter 103, Section 11, as amended) is amended to read:
|
0011| "61-12B-11. FEES.--
|
0012| A. The [superintendent, in consultation with the]
|
0013| board shall establish a schedule of reasonable fees for
|
0014| licenses, temporary permits and renewal of licenses for
|
0015| respiratory care practitioners.
|
0016| B. The initial application fee shall be set in an
|
0017| amount not to exceed one hundred fifty dollars ($150).
|
0018| C. A biennial license renewal fee shall be
|
0019| established in an amount not to exceed one hundred fifty
|
0020| dollars ($150)."
|
0021| Section 100. Section 61-12B-12 NMSA 1978 (being Laws
|
0022| 1984, Chapter 103, Section 12, as amended) is amended to read:
|
0023| "61-12B-12. DENIAL, SUSPENSION, REVOCATION AND
|
0024| REINSTATEMENT OF LICENSES.--
|
0025| A. The [superintendent] board may refuse to issue
|
0001| or may suspend or revoke any license issued pursuant to
|
0002| provisions of the Respiratory Care Act in accordance with the
|
0003| procedures set forth in the Uniform Licensing Act for any of
|
0004| the following causes:
|
0005| (1) fraud in the procurement of any license
|
0006| [under that] issued pursuant to provisions of the
|
0007| Respiratory Care Act;
|
0008| (2) imposition of any disciplinary action upon a
|
0009| person by an agency of another state [which] that regulates
|
0010| respiratory care, but not to exceed the period or extent of
|
0011| such action;
|
0012| (3) conviction of a crime [which] that
|
0013| substantially relates to the qualifications, functions or
|
0014| duties of a respiratory care practitioner. The record of
|
0015| conviction or a certified copy thereof shall be conclusive
|
0016| evidence of the conviction;
|
0017| (4) impersonating or acting as a proxy for an
|
0018| applicant in any examination given [under that] pursuant to
|
0019| provisions of the Respiratory Care Act;
|
0020| (5) habitual or excessive use of intoxicants or
|
0021| drugs;
|
0022| (6) gross negligence in practice as a
|
0023| respiratory care practitioner;
|
0024| (7) violating any of the provisions of the
|
0025| Respiratory Care Act or any rules or regulations duly adopted
|
0001| [under] pursuant to that act or aiding or abetting any
|
0002| person to violate the provisions of or any rules or regulations
|
0003| adopted [under] pursuant to that act;
|
0004| (8) engaging in unprofessional conduct; or
|
0005| (9) committing any fraudulent, dishonest or
|
0006| corrupt act [which] that is substantially related to the
|
0007| qualifications, functions or duties of a respiratory care
|
0008| practitioner.
|
0009| B. One year from the date of revocation of a license
|
0010| [under] pursuant to provisions of the Respiratory Care Act,
|
0011| application may be made to the [superintendent] board for
|
0012| reinstatement, restoration or modification of probation. The
|
0013| [superintendent, in consultation with the] board shall have
|
0014| the discretion to accept or reject an application and may
|
0015| require an examination for such reinstatement, restoration or
|
0016| modification of probation when it is deemed appropriate.
|
0017| C. The [department, in consultation with the] board
|
0018| shall [write] promulgate rules and regulations to establish
|
0019| guidelines for the reinstatement or restoration of a license
|
0020| suspended or revoked due to the abuse of intoxicants or drugs."
|
0021| Section 101. Section 61-12B-13 NMSA 1978 (being Laws
|
0022| 1984, Chapter 103, Section 13, as amended) is repealed and a
|
0023| new Section 61-12B-13 NMSA 1978 is enacted to read:
|
0024| "61-12B-13. [NEW MATERIAL] BOARD FUNDS.--
|
0025| A. All money received by the board from fees provided
|
0001| for in the Respiratory Care Act shall be deposited in an
|
0002| account in a federally insured financial institution qualified
|
0003| to do business in New Mexico. Money in the account shall be
|
0004| withdrawn on the order of the board or its designee and shall
|
0005| be used only to carry out the board's duties pursuant to that
|
0006| act.
|
0007| B. In accordance with the provisions of the Audit
|
0008| Act, the state auditor may examine the accounts and books of
|
0009| the board, including its receipts, disbursements, contracts,
|
0010| leases and other records relating to the performance of its
|
0011| duties pursuant to the Respiratory Care Act. In addition, the
|
0012| governor may call for any additional, special audits by the
|
0013| state auditor whenever deemed necessary for the protection and
|
0014| oversight of board funds.
|
0015| C. Money of the board is not public money or state
|
0016| funds within the meaning of any law of the state relating to
|
0017| investment, deposit, security or expenditure of public money."
|
0018| Section 102. Section 61-12B-14 NMSA 1978 (being Laws
|
0019| 1984, Chapter 103, Section 14, as amended) is amended to read:
|
0020| "61-12B-14. [DEPARTMENT] BOARD--RULES AND
|
0021| REGULATIONS.--The [department, in consultation with the]
|
0022| board shall make rules and regulations necessary to implement
|
0023| the provisions of the Respiratory Care Act in accordance with
|
0024| the provisions of the Uniform Licensing Act."
|
0025| Section 103. Section 61-12B-15 NMSA 1978 (being Laws
|
0001| 1984, Chapter 103, Section 15) is amended to read:
|
0002| "61-12B-15. ENFORCEMENT.--
|
0003| A. Violation of any provision of the Respiratory Care
|
0004| Act is a misdemeanor.
|
0005| B. The [department] board may bring civil action
|
0006| in any district court to enforce any of the provisions of the
|
0007| Respiratory Care Act."
|
0008| Section 104. Section 61-12B-16 NMSA 1978 (being Laws
|
0009| 1984, Chapter 103, Section 17, as amended) is amended to read:
|
0010| "61-12B-16. TERMINATION OF BOARD--DELAYED REPEAL.--The
|
0011| board is terminated on July 1, [1997] 2001 pursuant to the
|
0012| Sunset Act. The board shall continue to operate until July 1,
|
0013| [1998] 2002. Effective July 1, [1998] 2002, the
|
0014| Respiratory Care Act is repealed."
|
0015| Section 105. Section 61-12C-3 NMSA 1978 (being Laws 1991,
|
0016| Chapter 147, Section 3, as amended) is amended to read:
|
0017| "61-12C-3. DEFINITIONS.--As used in the Massage Therapy
|
0018| Practice Act:
|
0019| A. "approved massage therapy school" means a facility
|
0020| registered with the board that meets established standards of
|
0021| training and curriculum;
|
0022| B. "board" means the board of massage therapy;
|
0023| [C. "department" means the regulation and licensing
|
department;
|
D.] C. "massage therapist" means a person who uses
|
0001| the title of massage therapist, is licensed pursuant to the
|
0002| Massage Therapy Practice Act and administers massage therapy
|
0003| for compensation;
|
0004| [E.] D. "massage therapy" means the treatment of
|
0005| soft tissues for therapeutic purposes as defined in Section
|
0006| 61-12C-4 NMSA 1978; and
|
0007| [F.] E. "jurisprudence" means the statutes and
|
0008| rules of the state pertaining to the practice of massage
|
0009| therapy."
|
0010| Section 106. Section 61-12C-7 NMSA 1978 (being Laws 1991,
|
0011| Chapter 147, Section 7, as amended) is amended to read:
|
0012| "61-12C-7. BOARD CREATED--MEMBERSHIP.--
|
0013| A. There is created the "board of massage therapy".
|
0014| [The board shall be administratively attached to the
|
department.]
|
0016| B. The board shall consist of five members who are
|
0017| New Mexico residents. Members of the board shall be appointed
|
0018| by the governor. Three members of the board shall be massage
|
0019| therapists, each with at least five years of massage therapy
|
0020| practice in New Mexico. Two members of the board shall be
|
0021| public members. The initial three professional members
|
0022| appointed shall meet the requirements for licensure and be
|
0023| licensed by the deadline specified for licensure in the Massage
|
0024| Therapy Practice Act. The public members shall not have been
|
0025| licensed or have any financial interest, direct or indirect, in
|
0001| the [profession] occupation regulated.
|
0002| C. Each member of the board shall hold office until
|
0003| the expiration of the term for which appointed or until a
|
0004| successor has been appointed and qualified.
|
0005| D. No board member shall serve more than two
|
0006| consecutive terms.
|
0007| E. The board shall elect annually a chairman and such
|
0008| other officers as it deems necessary. The board shall meet as
|
0009| often as necessary for the conduct of business, but no less
|
0010| than twice a year. Meetings shall be called by the chairman or
|
0011| upon the written request of three or more members of the board.
|
0012| Three members, at least one of whom is a public member, shall
|
0013| constitute a quorum.
|
0014| F. Any board member may be recommended for removal as
|
0015| a member of the board for failing to attend, after proper
|
0016| notice, three consecutive board meetings.
|
0017| G. Members of the board shall [be reimbursed as
|
provided for nonsalaried public officers in the Per Diem and
|
Mileage Act and shall receive no other compensation, perquisite
|
or allowance] serve without compensation other than
|
0021| reasonable reimbursement for mileage and per diem as determined
|
0022| by the board and paid from board funds."
|
0023| Section 107. Section 61-12C-8 NMSA 1978 (being Laws 1991,
|
0024| Chapter 147, Section 8, as amended) is amended to read:
|
0025| "61-12C-8. BOARD DUTIES.--The board shall have the power
|
0001| to:
|
0002| A. adopt and file, in accordance with the State Rules
|
0003| Act, rules and regulations necessary to carry out the
|
0004| provisions of the Massage Therapy Practice Act, in accordance
|
0005| with the provisions of the Uniform Licensing Act;
|
0006| B. provide for the evaluation of the qualifications
|
0007| of applicants for licensure or registration under the Massage
|
0008| Therapy Practice Act;
|
0009| C. provide for the issuance of licenses or
|
0010| registrations to applicants who meet the requirements of the
|
0011| Massage Therapy Practice Act;
|
0012| D. provide for the inspection, when required, of the
|
0013| business premises of any licensee during regular business
|
0014| hours;
|
0015| E. establish minimum training and educational
|
0016| standards for licensure;
|
0017| F. establish a process for approval of training
|
0018| programs and massage therapy schools;
|
0019| G. provide for the investigation of persons engaging
|
0020| in practices that may violate the provisions of the Massage
|
0021| Therapy Practice Act;
|
0022| H. revoke, suspend or deny a license or registration
|
0023| in accordance with the provisions of the Uniform Licensing Act;
|
0024| I. adopt an annual budget;
|
0025| J. adopt a code of ethics; [and]
|
0001| K. provide for the investigation of complaints
|
0002| against licensees. The board may issue investigation subpoenas
|
0003| prior to the issuance of a notice of contemplated action as set
|
0004| forth in Section 61-1-4 NMSA 1978;
|
0005| L. employ staff it deems necessary to assist it in
|
0006| carrying out its duties pursuant to the Massage Therapy
|
0007| Practice Act and may provide for health insurance or other
|
0008| benefits for them. Except as otherwise provided in that act,
|
0009| employees serve at the pleasure of the board and are exempt
|
0010| from the provisions of the Personnel Act; and
|
0011| M. enter into contracts."
|
0012| Section 108. A new section of the Massage Therapy
|
0013| Practice Act is enacted to read:
|
0014| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0015| board, the attorney general shall provide such legal services
|
0016| to the board necessary for the administration of the Massage
|
0017| Therapy Practice Act; provided, however, that the board may, in
|
0018| its discretion, employ or contract for the services of other
|
0019| attorneys to assist it in the administration of that act."
|
0020| Section 109. A new section of the Massage Therapy
|
0021| Practice Act is enacted to read:
|
0022| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0023| A. The board is specifically exempted from the
|
0024| provisions of the Procurement Code, the Art in Public Places
|
0025| Act, the Information and Communication Management Act and
|
0001| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0002| through 15-3-34 NMSA 1978.
|
0003| B. The board is also specifically exempted from the
|
0004| provisions of the Deferred Compensation Act, the Group Benefits
|
0005| Act, the Public Employee Bargaining Act, the Per Diem and
|
0006| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0007| provided, however, that an employee of the regulation and
|
0008| licensing department who subsequently becomes employed by the
|
0009| board without a break in service may, by agreement of the
|
0010| board, continue to participate in and be covered by those acts
|
0011| until separation from employment with the board. Where
|
0012| required under those acts, the board shall make contributions
|
0013| for the participating employee.
|
0014| C. The board is also specifically exempted from the
|
0015| provisions of the Public Employees Retirement Act and the
|
0016| Retiree Health Care Act; provided, however, that an employee of
|
0017| the regulation and licensing department who subsequently
|
0018| becomes employed by the board without a break in service may,
|
0019| by agreement of the board, continue to participate in the
|
0020| public employee retirement system under the terms and
|
0021| conditions of the Public Employees Retirement Act and the
|
0022| retiree health care system under the terms and conditions of
|
0023| the Retiree Health Care Act until separation from employment
|
0024| with the board. The board shall make contributions as required
|
0025| by those acts for the participating employee.
|
0001| D. The board is also specifically exempted from the
|
0002| provisions of the Personnel Act; provided, however, that an
|
0003| employee in the classified service in the regulation and
|
0004| licensing department who subsequently becomes employed by the
|
0005| board without a break in service may, by agreement of the
|
0006| board, remain in the classified service and be covered by the
|
0007| Personnel Act until separation from employment with the board.
|
0008| For all other employees, the board may adopt its own employment
|
0009| policies."
|
0010| Section 110. A new section of the Massage Therapy
|
0011| Practice Act is enacted to read:
|
0012| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0013| board, as an organization and its individual members and
|
0014| employees, is specifically subject to and covered by the
|
0015| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0016| Act, the Inspection of Public Records Act, the Public Records
|
0017| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0018| Financial Disclosure Act and any other state law applicable to
|
0019| the board unless otherwise specifically exempted in the Massage
|
0020| Therapy Practice Act."
|
0021| Section 111. Section 61-12C-23 NMSA 1978 (being Laws
|
0022| 1991, Chapter 147, Section 23) is repealed and a new Section
|
0023| 61-12C-23 NMSA 1978 is enacted to read:
|
0024| "61-12C-23. [NEW MATERIAL] BOARD FUNDS.--
|
0025| A. All money received by the board from fees provided
|
0001| for in the Massage Therapy Practice Act shall be deposited in
|
0002| an account in a federally insured financial institution
|
0003| qualified to do business in New Mexico. Money in the account
|
0004| shall be withdrawn on the order of the board or its designee
|
0005| and shall be used only to carry out the board's duties pursuant
|
0006| to that act.
|
0007| B. In accordance with the provisions of the Audit
|
0008| Act, the state auditor may examine the accounts and books of
|
0009| the board, including its receipts, disbursements, contracts,
|
0010| leases and other records relating to the performance of its
|
0011| duties pursuant to the Massage Therapy Practice Act. In
|
0012| addition, the governor may call for any additional, special
|
0013| audits by the state auditor whenever deemed necessary for the
|
0014| protection and oversight of board funds.
|
0015| C. Money of the board is not public money or state
|
0016| funds within the meaning of any law of the state relating to
|
0017| investment, deposit, security or expenditure of public money."
|
0018| Section 112. Section 61-13-1 NMSA 1978 (being Laws 1970,
|
0019| Chapter 61, Section 1) is amended to read:
|
0020| "61-13-1. SHORT TITLE.--[This act] Chapter 61, Article
|
0021| 13 NMSA 1978 may be cited as the "Nursing Home Administrators
|
0022| Act"."
|
0023| Section 113. Section 61-13-6 NMSA 1978 (being Laws 1970,
|
0024| Chapter 61, Section 5, as amended) is amended to read:
|
0025| "61-13-6. DUTIES OF THE BOARD.--[It is the duty of] The
|
0001| board [to]:
|
0002| A. [formulate] may, adopt and regularly revise
|
0003| such rules and regulations not inconsistent with law as may be
|
0004| necessary to adopt and enforce standards for licensing nursing
|
0005| home administrators and to carry into effect the provisions of
|
0006| the Nursing Home Administrators Act;
|
0007| B. may approve for licensure applicants for:
|
0008| (1) initial licensure;
|
0009| (2) annual renewal of current, active licenses;
|
0010| (3) reciprocity;
|
0011| (4) reinstatement of revoked or suspended
|
0012| licenses; and
|
0013| (5) reactivation of inactive or expired
|
0014| licenses;
|
0015| C. may cause the prosecution or enjoinder of all
|
0016| persons violating the Nursing Home Administrators Act and deny,
|
0017| suspend or revoke licenses in accordance with the provisions of
|
0018| the Uniform Licensing Act;
|
0019| [D. submit a written annual report to the governor
|
and the legislature detailing the actions of the board and
|
including an accounting of all money received and expended by
|
the board;
|
E.] D. may employ such administrative personnel
|
0024| [as may be necessary] for the efficient operation of the
|
0025| Nursing Home Administrators Act and provide for health
|
0001| insurance or other benefits for them. Except as otherwise
|
0002| provided in the Nursing Home Administrators Act, employees
|
0003| serve at the pleasure of the board and are exempt from the
|
0004| provisions of the Personnel Act;
|
0005| [F.] E. shall maintain a register of licensees
|
0006| and a record of all applicants for licensure received by the
|
0007| board; and
|
0008| F. may enter into contracts as necessary."
|
0009| Section 114. Section 61-13-7 NMSA 1978 (being Laws 1970,
|
0010| Chapter 61, Section 6) is amended to read:
|
0011| "61-13-7. COMPENSATION OF BOARD MEMBERS.--Members of the
|
0012| board shall [receive per diem and mileage as provided in the
|
Per Diem and Mileage Act but shall receive no other
|
compensation, perquisite or allowance] serve without
|
0015| compensation other than reasonable reimbursement for mileage
|
0016| and per diem as determined by the board and paid from board
|
0017| funds."
|
0018| Section 115. A new section of the Nursing Home
|
0019| Administrators Act is enacted to read:
|
0020| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0021| board, the attorney general shall provide such legal services
|
0022| to the board necessary for the administration of the Nursing
|
0023| Home Administrators Act; provided, however, that the board the
|
0024| may, in its discretion, employ or contract for the services of
|
0025| other attorneys to assist it in the administration of that
|
0001| act."
|
0002| Section 116. A new section of the Nursing Home
|
0003| Administrators Act is enacted to read:
|
0004| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0005| A. The board is specifically exempted from the
|
0006| provisions of the Procurement Code, the Art in Public Places
|
0007| Act, the Information and Communication Management Act and
|
0008| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0009| through 15-3-34 NMSA 1978.
|
0010| B. The board is also specifically exempted from the
|
0011| provisions of the Deferred Compensation Act, the Group Benefits
|
0012| Act, the Public Employee Bargaining Act, the Per Diem and
|
0013| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0014| provided however, that an employee of the regulation and
|
0015| licensing department who subsequently becomes employed by the
|
0016| board without a break in service may, by agreement of the
|
0017| board, continue to participate in and be covered by those acts
|
0018| until separation from employment with the board. Where
|
0019| required under those acts, the board shall make contributions
|
0020| for the participating employee.
|
0021| C. The board is also specifically exempted from the
|
0022| provisions of the Public Employees Retirement Act and the
|
0023| Retiree Health Care Act; provided, however, that an employee of
|
0024| the regulation and licensing department who subsequently
|
0025| becomes employed by the board without a break in service may,
|
0001| by agreement of the board, continue to participate in the
|
0002| public employee retirement system under the terms and
|
0003| conditions of the Public Employees Retirement Act and the
|
0004| retiree health care system under the terms and conditions of
|
0005| the Retiree Health Care Act until separation from employment
|
0006| with the board. The board shall make contributions as required
|
0007| by those acts for the participating employee.
|
0008| D. The board is also specifically exempted from the
|
0009| provisions of the Personnel Act; provided, however, that an
|
0010| employee in the classified service in the regulation and
|
0011| licensing department who subsequently becomes employed by the
|
0012| board without a break in service may, by agreement of the
|
0013| board, remain in the classified service and be covered by the
|
0014| Personnel Act until separation from employment with the board.
|
0015| For all other employees, the board may adopt its own employment
|
0016| policies."
|
0017| Section 117. A new section of the Nursing Home
|
0018| Administrators Act is enacted to read:
|
0019| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0020| board, as an organization and its individual members and
|
0021| employees, is specifically subject to and covered by the
|
0022| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0023| Act, the Inspection of Public Records Act, the Public Records
|
0024| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0025| Financial Disclosure Act and any other state law applicable to
|
0001| the board unless otherwise specifically exempted in the Nursing
|
0002| Home Administrators Act."
|
0003| Section 118. Section 61-13-12 NMSA 1978 (being Laws 1970,
|
0004| Chapter 61, Section 11, as amended) is amended to read:
|
0005| "61-13-12. LICENSE AND RENEWAL FEES--BOARD
|
0006| [EXPENDITURES] FUNDS.--
|
0007| A. The board shall require by appropriate rule or
|
0008| regulation that applicants for licensure as nursing home
|
0009| administrators pay a license fee in an amount set by the board
|
0010| not to exceed two hundred fifty dollars ($250) and an annual
|
0011| renewal fee in an amount set by the board not to exceed two
|
0012| hundred dollars ($200).
|
0013| [B. The board shall deposit all fees received by the
|
board in a special fund maintained by the state treasurer for
|
use in defraying the expenses of administration of the Nursing
|
Home Administrators Act. All unexpended balance remaining in
|
the fund at the end of each fiscal year shall remain to the
|
credit of the board.]
|
0019| B. All money received by the board from fees
|
0020| provided for in the Nursing Home Administrators Act shall be
|
0021| deposited in an account in a federally insured financial
|
0022| institution qualified to do business in New Mexico. Money in
|
0023| the account shall be withdrawn on the order of the board or its
|
0024| designee and shall be used only to carry out the board's duties
|
0025| pursuant to that act.
|
0001| C. In accordance with the provisions of the Audit
|
0002| Act, the state auditor may examine the accounts and books of
|
0003| the board, including its receipts, disbursements, contracts,
|
0004| leases and other records relating to the performance of its
|
0005| duties pursuant to the Nursing Home Administrators Act. In
|
0006| addition, the governor may call for any additional, special
|
0007| audits by the state auditor whenever deemed necessary for the
|
0008| protection and oversight of board funds.
|
0009| D. Money of the board is not public money or state
|
0010| funds within the meaning of any law of the state relating to
|
0011| investment, deposit, security or expenditure of public money.
|
0012| [C.] E. The board may obtain and administer
|
0013| programs of grants-in-aid or financial assistance from any
|
0014| governmental agency or private source in the furtherance of
|
0015| programs consistent with the Nursing Home Administrators Act."
|
0016| Section 119. Section 61-13-17 NMSA 1978 (being Laws 1978,
|
0017| Chapter 206, Section 1, as amended) is amended to read:
|
0018| "61-13-17. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--
|
0019| The board of nursing home administrators is terminated on July
|
0020| 1, [1997] 2003 pursuant to the Sunset Act. The board shall
|
0021| continue to operate according to the provisions of Chapter 61,
|
0022| Article 13 NMSA 1978 until July 1, [1998] 2004. Effective
|
0023| July 1, [1998 Article 13 of] 2004, Chapter 61, Article 13
|
0024| NMSA 1978 is repealed."
|
0025| Section 120. Section 61-14A-1 NMSA 1978 (being Laws 1993,
|
0001| Chapter 158, Section 9) is amended to read:
|
0002| "61-14A-1. SHORT TITLE.--[Sections 61-14A-1 through
|
61-14A-21] Chapter 61, Article 14A NMSA 1978 may be cited as
|
0004| the "Acupuncture and Oriental Medicine Practice Act"."
|
0005| Section 121. Section 61-14A-3 NMSA 1978 (being Laws 1993,
|
0006| Chapter 158, Section 11) is amended to read:
|
0007| "61-14A-3. DEFINITIONS.--As used in the Acupuncture and
|
0008| Oriental Medicine Practice Act:
|
0009| A. "acupuncture" means the use of needles inserted
|
0010| into the human body and the use of other modalities and
|
0011| procedures at specific locations on the body for the
|
0012| prevention, cure or correction of any disease, illness, injury,
|
0013| pain or other condition by controlling and regulating the flow
|
0014| and balance of energy and functioning of the person to restore
|
0015| and maintain health;
|
0016| B. "board" means the board of acupuncture and
|
0017| oriental medicine;
|
0018| [C. "department" means the regulation and licensing
|
department;
|
D.] C. "doctor of oriental medicine" means a
|
0021| physician licensed to practice acupuncture and oriental
|
0022| medicine and includes the terms "oriental medical physician",
|
0023| "doctor of acupuncture", "acupuncture physician", "acupuncture
|
0024| practitioner" and "acupuncturist";
|
0025| [E.] D. "moxibustion" means the use of heat on or
|
0001| above specific locations or on acupuncture needles at specific
|
0002| locations on the body for the prevention, cure or correction of
|
0003| any disease, illness, injury, pain or other condition;
|
0004| [F.] E. "oriental medicine" means the distinct
|
0005| system of primary health care that uses all allied techniques
|
0006| of oriental medicine, both traditional and modern, to diagnose,
|
0007| treat and prescribe, as defined in Subsection [G] F of this
|
0008| section, for the prevention, cure or correction of any disease,
|
0009| illness, injury, pain or other physical or mental condition by
|
0010| controlling and regulating the flow and balance of energy and
|
0011| functioning of the person to restore and maintain health; and
|
0012| [G.] F. "techniques of oriental medicine" means
|
0013| the diagnostic and treatment techniques utilized in oriental
|
0014| medicine that include [but are not limited to] diagnostic
|
0015| procedures; acupuncture; moxibustion; manual therapy, also
|
0016| known as tui na; breathing and exercise techniques; dietary,
|
0017| nutritional and lifestyle counseling; and the prescription or
|
0018| administration of any herbal medicine, homeopathic medicine,
|
0019| vitamin, mineral, enzyme or glandular or nutritional
|
0020| supplement."
|
0021| Section 122. Section 61-14A-7 NMSA 1978 (being Laws 1993,
|
0022| Chapter 158, Section 15) is amended to read:
|
0023| "61-14A-7. BOARD CREATED--APPOINTMENT--OFFICERS--
|
0024| COMPENSATION.--
|
0025| A. There is created the "board of acupuncture and
|
0001| oriental medicine".
|
0002| [B. The board shall be administratively attached to
|
the department.
|
C.] B. The board shall consist of seven members
|
0005| appointed by the governor for terms of three years each. Four
|
0006| members of the board shall be doctors of oriental medicine who
|
0007| have been licensed to practice acupuncture and oriental
|
0008| medicine in New Mexico for at least five years and have
|
0009| practiced in New Mexico for at least two years preceding the
|
0010| date of their appointment. Three members shall be appointed to
|
0011| represent the public and shall not have practiced acupuncture
|
0012| and oriental medicine in this or any other jurisdiction or have
|
0013| any financial interest in the profession regulated. No more
|
0014| than two board members shall be:
|
0015| (1) owners of institutes offering educational
|
0016| programs in acupuncture and oriental medicine;
|
0017| (2) faculty members at institutes offering
|
0018| educational programs in acupuncture and oriental medicine;
|
0019| (3) private tutors offering educational programs
|
0020| in acupuncture and oriental medicine; or
|
0021| (4) officers in a professional association of
|
0022| acupuncture and oriental medicine.
|
0023| [D.] C. Members of the board shall be appointed
|
0024| by the governor for staggered terms of three years that shall
|
0025| be made in such a manner that the terms of board members will
|
0001| expire on July 1. When a board member's term has expired, he
|
0002| shall serve until his successor has been appointed and
|
0003| qualified. Vacancies from an unexpired term shall be filled
|
0004| for the remainder of the term in the same manner as the
|
0005| original appointment.
|
0006| [E.] D. No board member shall serve more than two
|
0007| consecutive full terms, and any member failing to attend, after
|
0008| he has received proper notice, three consecutive meetings shall
|
0009| be recommended for removal as a board member unless excused for
|
0010| reasons set forth by rule.
|
0011| [F.] E. The board shall elect annually from its
|
0012| membership a chairman and other officers as necessary to carry
|
0013| out its duties.
|
0014| [G.] F. The board shall meet at least once each
|
0015| year and at other times deemed necessary. Other meetings may
|
0016| be called by the chairman, a majority of board members or the
|
0017| governor. A simple majority of the board members serving
|
0018| constitutes a quorum of the board.
|
0019| [H.] G. Members of the board shall [be
|
reimbursed as provided in the Per Diem and Mileage Act and
|
shall receive no other compensation, perquisite or allowance]
|
0022| serve without compensation other than reasonable reimbursement
|
0023| for mileage and per diem as determined by the board and paid
|
0024| from board funds."
|
0025| Section 123. Section 61-14A-8 NMSA 1978 (being Laws 1993,
|
0001| Chapter 158, Section 16) is amended to read:
|
0002| "61-14A-8. BOARD--POWERS.--In addition to any other
|
0003| authority provided by law, the board shall have the power to:
|
0004| A. enforce the provisions of the Acupuncture and
|
0005| Oriental Medicine Practice Act;
|
0006| B. adopt, publish and file, in accordance with the
|
0007| Uniform Licensing Act and the State Rules Act, all rules and
|
0008| regulations necessary for the implementation and enforcement of
|
0009| the provisions of the Acupuncture and Oriental Medicine
|
0010| Practice Act;
|
0011| C. adopt a code of ethics;
|
0012| D. adopt and use a seal;
|
0013| E. inspect institutes, tutorships and the offices of
|
0014| licensees;
|
0015| F. adopt rules implementing continuing education
|
0016| requirements for the purpose of protecting the health and well-
|
0017| being of the citizens of this state and maintaining and
|
0018| continuing informed professional knowledge and awareness;
|
0019| G. employ agents or attorneys;
|
0020| H. issue investigative subpoenas for the purpose of
|
0021| investigating complaints against licensees prior to the
|
0022| issuance of a notice of contemplated action;
|
0023| I. administer oaths and take testimony on any matters
|
0024| within the board's jurisdiction;
|
0025| J. conduct hearings upon charges relating to the
|
0001| discipline of licensees, including the denial, suspension or
|
0002| revocation of a license in accordance with the Uniform
|
0003| Licensing Act; [and]
|
0004| K. grant, deny, renew, suspend or revoke licenses to
|
0005| practice acupuncture and oriental medicine in accordance with
|
0006| the provisions of the Uniform Licensing Act for any cause
|
0007| stated in the Acupuncture and Oriental Medicine Practice Act or
|
0008| the rules and regulations of the board;
|
0009| L. employ staff it deems necessary to assist it in
|
0010| carrying out its duties pursuant to the Acupuncture and
|
0011| Oriental Medicine Practice Act and may provide for health
|
0012| insurance or other benefits for them. Except as otherwise
|
0013| provided in that act, employees serve at the pleasure of the
|
0014| board and are exempt from the provisions of the Personnel Act;
|
0015| and
|
0016| M. enter into contracts."
|
0017| Section 124. A new section of the Acupuncture and
|
0018| Oriental Medicine Practice Act is enacted to read:
|
0019| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0020| board, the attorney general shall provide such legal services
|
0021| to the board necessary for the administration of the
|
0022| Acupuncture and Oriental Medicine Practice Act; provided,
|
0023| however, that the board may, in its discretion, employ or
|
0024| contract for the services of other attorneys to assist it in
|
0025| the administration of that act."
|
0001| Section 125. A new section of the Acupuncture and
|
0002| Oriental Medicine Practice Act is enacted to read:
|
0003| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0004| A. The board is specifically exempted from the
|
0005| provisions of the Procurement Code, the Art in Public Places
|
0006| Act, the Information and Communication Management Act and
|
0007| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0008| through 15-3-34 NMSA 1978.
|
0009| B. The board is also specifically exempted from the
|
0010| provisions of the Deferred Compensation Act, the Group Benefits
|
0011| Act, the Public Employee Bargaining Act, the Per Diem and
|
0012| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0013| provided, however, that an employee of the regulation and
|
0014| licensing department who subsequently becomes employed by the
|
0015| board without a break in service may, by agreement of the
|
0016| board, continue to participate in and be covered by those acts
|
0017| until separation from employment with the board. Where
|
0018| required under those acts, the board shall make contributions
|
0019| for the participating employee.
|
0020| C. The board is also specifically exempted from the
|
0021| provisions of the Public Employees Retirement Act and the
|
0022| Retiree Health Care Act; provided, however, that an employee of
|
0023| the regulation and licensing department who subsequently
|
0024| becomes employed by the board without a break in service may,
|
0025| by agreement of the board, continue to participate in the
|
0001| public employee retirement system under the terms and
|
0002| conditions of the Public Employees Retirement Act and the
|
0003| retiree health care system under the terms and conditions of
|
0004| the Retiree Health Care Act until separation from employment
|
0005| with the board. The board shall make contributions as required
|
0006| by those acts for the participating employee.
|
0007| D. The board is also specifically exempted from the
|
0008| provisions of the Personnel Act; provided, however, that an
|
0009| employee in the classified service in the regulation and
|
0010| licensing department who subsequently becomes employed by the
|
0011| board without a break in service may, by agreement of the
|
0012| board, remain in the classified service and be covered by the
|
0013| Personnel Act until separation from the employment with the
|
0014| board. For all other employees, the board may adopt its own
|
0015| employment policies."
|
0016| Section 126. A new section of the Acupuncture and
|
0017| Oriental Medicine Practice Act is enacted to read:
|
0018| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0019| board, as an organization and its individual members and
|
0020| employees, is specifically subject to and covered by the
|
0021| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0022| Act, the Inspection of Public Records Act, the Public Records
|
0023| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0024| Financial Disclosure Act and any other state law applicable to
|
0025| the board unless otherwise specifically exempted in the
|
0001| Acupuncture and Oriental Medicine Practice Act."
|
0002| Section 127. Section 61-14A-18 NMSA 1978 (being Laws
|
0003| 1993, Chapter 158, Section 26) is repealed and a new Section
|
0004| 61-14A-18 NMSA 1978 is enacted to read:
|
0005| "61-14A-18. [NEW MATERIAL] BOARD FUNDS.--
|
0006| A. All money received by the board from fees provided
|
0007| for in the Acupuncture and Oriental Medicine Practice Act shall
|
0008| be deposited in an account in a federally insured financial
|
0009| institution qualified to do business in New Mexico. Money in
|
0010| the account shall be withdrawn on the order of the board or its
|
0011| designee and shall be used only to carry out the board's duties
|
0012| pursuant to that act.
|
0013| B. In accordance with the provisions of the Audit
|
0014| Act, the state auditor may examine the accounts and books of
|
0015| the board, including its receipts, disbursements, contracts,
|
0016| leases and other records relating to the performance of its
|
0017| duties pursuant to the Acupuncture and Oriental Medicine
|
0018| Practice Act. In addition, the governor may call for any
|
0019| additional, special audits by the state auditor whenever deemed
|
0020| necessary for the protection and oversight of board funds.
|
0021| C. Money of the board is not public money or state
|
0022| funds within the meaning of any law of the state relating to
|
0023| investment, deposit, security or expenditure of public money."
|
0024| Section 128. Section 61-14B-1 NMSA 1978 (being Laws 1996,
|
0025| Chapter 57, Section 1) is amended to read:
|
0001| "61-14B-1. SHORT TITLE.--[This act] Chapter 61,
|
0002| Article 14B NMSA 1978 may be cited as the "Speech Language
|
0003| Pathology, Audiology and Hearing Aid Dispensing Practices
|
0004| Act"."
|
0005| Section 129. Section 61-14B-2 NMSA 1978 (being Laws 1996,
|
0006| Chapter 57, Section 2) is amended to read:
|
0007| "61-14B-2. DEFINITIONS.--As used in the Speech Language
|
0008| Pathology, Audiology and Hearing Aid Dispensing Practices Act:
|
0009| A. "auditory trainer" means a custom-fitted FM
|
0010| amplifying instrument other than a hearing aid designed to
|
0011| enhance signal-to-noise ratios;
|
0012| B. "audiologist" means a person who engages in the
|
0013| practice of audiology, who may or may not dispense hearing aids
|
0014| and who meets the qualifications set forth in the Speech
|
0015| Language Pathology, Audiology and Hearing Aid Dispensing
|
0016| Practices Act;
|
0017| C. "board" means the speech language pathology,
|
0018| audiology and hearing aid dispensing practices board;
|
0019| D. "clinical fellow" means a person who has completed
|
0020| all academic course work and practicum requirements for a
|
0021| master's degree or the equivalent in speech language pathology
|
0022| or audiology or both and engages in the practice of speech
|
0023| language pathology or audiology as set forth in the provisions
|
0024| of the Speech Language Pathology, Audiology and Hearing Aid
|
0025| Dispensing Practices Act;
|
0001| E. "clinical fellowship year" or "CFY" means the time
|
0002| following the completion of all academic course work and
|
0003| practicum requirements for a master's degree in speech language
|
0004| pathology or audiology or both and during which [the] a
|
0005| clinical fellow is working towards a certificate of clinical
|
0006| competence from a nationally recognized speech language or
|
0007| hearing association or the equivalent;
|
0008| F. "CFY supervisor" means a person licensed pursuant
|
0009| to the provisions of the Speech Language Pathology, Audiology
|
0010| and Hearing Aid Dispensing Practices Act who oversees the work
|
0011| of a clinical fellow and is so designated in the CFY plan that
|
0012| is approved by the board;
|
0013| [G. "department" means the regulation and licensing
|
department;
|
H.] G. "dispensing audiologist" means an
|
0016| audiologist who practices the dispensing or fitting of hearing
|
0017| aids and maintains or occupies a permanent physical business
|
0018| location in New Mexico where records can be examined and
|
0019| process can be served;
|
0020| [I.] H. "hearing aid" means any wearable
|
0021| instrument or device designed or offered for the purpose of
|
0022| aiding or compensating for impaired human hearing and any
|
0023| parts, attachments or accessories, including earmolds but
|
0024| excluding batteries and cords;
|
0025| [J.] I. "hearing aid dispenser" means any person
|
0001| other than a dispensing audiologist or an otolaryngologist who
|
0002| is licensed to sell, fit and service hearing aids under the
|
0003| Speech Language Pathology, Audiology and Hearing Aid Dispensing
|
0004| Practices Act and maintains or occupies a permanent physical
|
0005| business location in New Mexico where records can be examined
|
0006| and process can be served;
|
0007| [K.] J. "nondispensing audiologist" means a
|
0008| person who engages in the practice of audiology and who meets
|
0009| the qualifications set forth in the Speech Language Pathology,
|
0010| Audiology and Hearing Aid Dispensing Practices Act;
|
0011| [L.] K. "otolaryngologist" means a licensed
|
0012| physician who has completed a recognized residency in
|
0013| otolaryngology and is certified by the American board of
|
0014| otolaryngology;
|
0015| [M.] L. "paraprofessional" means a person who
|
0016| provides adjunct speech pathology or audiology services under
|
0017| the direct supervision of a licensed speech language
|
0018| pathologist or audiologist;
|
0019| [N.] M. "practice of audiology" means the
|
0020| application of principles, methods and procedures of
|
0021| measurement, testing, appraisal, prognostication, aural
|
0022| rehabilitation, aural habilitation, consultation, hearing aid
|
0023| selection and fitting, counseling, instruction and research
|
0024| related to hearing and disorders of hearing for the purpose of
|
0025| nonmedical diagnosis, prevention, identification, amelioration
|
0001| or the modification of communicative disorders involving
|
0002| speech, language, auditory function or other aberrant behavior
|
0003| related to hearing disorders;
|
0004| [O.] N. "practice of speech language pathology"
|
0005| means the rendering or offering to render to individuals,
|
0006| groups, organizations or the public any service in speech or
|
0007| language pathology involving the nonmedical application of
|
0008| principles, methods and procedures for the measurement,
|
0009| testing, diagnosis, prognostication, counseling and instruction
|
0010| related to the development and disorders of speech, fluency,
|
0011| voice, verbal and written language, auditory comprehension,
|
0012| cognition, dysphagia, oral pharyngeal or laryngeal sensorimotor
|
0013| competencies and treatment of persons requiring use of an
|
0014| augmentative communication device for the purpose of nonmedical
|
0015| diagnosing, preventing, treating and ameliorating such
|
0016| disorders and conditions in individuals and groups of
|
0017| individuals;
|
0018| [P.] O. "speech language pathologist" means a
|
0019| person who engages in the practice of speech language pathology
|
0020| and who meets the qualifications set forth in the Speech
|
0021| Language Pathology, Audiology and Hearing Aid Dispensing
|
0022| Practices Act;
|
0023| [Q.] P. "sponsor" means an individual who is
|
0024| employed full time in the same physical location in New Mexico
|
0025| where the trainee is being trained and is:
|
0001| (1) a dispensing audiologist licensed under the
|
0002| provisions of the Speech Language Pathology, Audiology and
|
0003| Hearing Aid Dispensing Practices Act; or
|
0004| (2) a hearing aid dispenser licensed under the
|
0005| provisions of the Speech Language Pathology, Audiology and
|
0006| Hearing Aid Dispensing Practices Act and who has been actively
|
0007| engaged in dispensing or fitting hearing aids during three of
|
0008| the past five years; and
|
0009| [R.] Q. "trainee" means a person working toward
|
0010| full licensure as a hearing aid [dealer or fitter]
|
0011| dispenser under the direct supervision of a sponsor."
|
0012| Section 130. Section 61-14B-10 NMSA 1978 (being Laws
|
0013| 1996, Chapter 57, Section 10) is amended to read:
|
0014| "61-14B-10. TERMS--REIMBURSEMENT--MEETINGS.--
|
0015| A. Members of the board shall be appointed by the
|
0016| governor for staggered terms of three years. Each member shall
|
0017| hold office until [successors are] his successor is
|
0018| appointed and qualified. Vacancies shall be filled for the
|
0019| unexpired term in the same manner as original appointments.
|
0020| B. A majority of the board members serving
|
0021| constitutes a quorum of the board. The board shall meet at
|
0022| least once a year and at such other times as it deems
|
0023| necessary.
|
0024| C. The board shall elect a chairman and other
|
0025| officers as deemed necessary to administer its duties.
|
0001| D. No board member shall serve more than two full
|
0002| consecutive terms, and any member failing to attend three
|
0003| meetings after proper notice shall automatically be recommended
|
0004| for removal as a board member unless excused for reasons set
|
0005| forth in board regulations.
|
0006| E. Members of the board shall [be reimbursed as
|
provided in the Per Diem and Mileage Act and shall receive no
|
other compensation, perquisite or allowance] serve without
|
0009| compensation other than reasonable reimbursement for mileage
|
0010| and per diem as determined by the board and paid from board
|
0011| funds.
|
0012| F. No member of the board shall be liable in a civil
|
0013| action for any act performed in good faith in the performance
|
0014| of his duties."
|
0015| Section 131. Section 61-14B-11 NMSA 1978 (being Laws
|
0016| 1996, Chapter 57, Section 11) is amended to read:
|
0017| "61-14B-11. BOARD POWERS AND DUTIES.--The board
|
0018| [shall]:
|
0019| A. may adopt rules and regulations and establish
|
0020| policy necessary to carry out the provisions of the Speech
|
0021| Language Pathology, Audiology and Hearing Aid Dispensing
|
0022| Practices Act in accordance with the Uniform Licensing Act;
|
0023| B. may adopt rules implementing continuing
|
0024| education requirements;
|
0025| C. shall adopt a code of ethics;
|
0001| D. shall conduct hearings upon charges relating to
|
0002| the discipline of licensees, including the denial, suspension
|
0003| or revocation of a license in accordance with the Uniform
|
0004| Licensing Act;
|
0005| E. shall investigate complaints against licensees
|
0006| by issuing investigative subpoenas prior to the issuance of a
|
0007| notice of contemplated action;
|
0008| F. may hire staff [as may be necessary] to carry
|
0009| out the provisions of the Speech Language Pathology, Audiology
|
0010| and Hearing Aid Dispensing Practices Act and provide for
|
0011| health insurance or other benefits for them. Except as
|
0012| otherwise provided in the Speech Language Pathology, Audiology
|
0013| and Hearing Aid Dispensing Practices Act, employees serve at
|
0014| the pleasure of the board and are exempt from the provisions of
|
0015| the Personnel Act;
|
0016| G. may establish fees for licensure;
|
0017| H. shall provide for the licensing and renewal of
|
0018| licenses of applicants; [and]
|
0019| I. may adopt rules that provide for licensure by
|
0020| reciprocity, including temporary permits for speech language
|
0021| pathologists, audiologists or hearing aid dispensers; and
|
0022| J. may enter into contracts."
|
0023| Section 132. A new section of the Speech Language
|
0024| Pathology, Audiology and Hearing Aid Dispensing Practices Act
|
0025| is enacted to read:
|
0001| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0002| board, the attorney general shall provide such legal services
|
0003| to the board necessary for the administration of the Speech
|
0004| Language Pathology, Audiology and Hearing Aid Dispensing
|
0005| Practices Act; provided, however, that the board may, in its
|
0006| discretion, employ or contract for the services of other
|
0007| attorneys to assist it in the administration of that act."
|
0008| Section 133. A new section of the Speech Language
|
0009| Pathology, Audiology and Hearing Aid Dispensing Practices Act
|
0010| is enacted to read:
|
0011| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0012| A. The board is specifically exempted from the
|
0013| provisions of the Procurement Code, the Art in Public Places
|
0014| Act, the Information and Communication Management Act and
|
0015| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0016| through 15-3-34 NMSA 1978.
|
0017| B. The board is also specifically exempted from the
|
0018| provisions of the Deferred Compensation Act, the Group Benefits
|
0019| Act, the Public Employee Bargaining Act, the Per Diem and
|
0020| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0021| provided, however, that an employee of the regulation and
|
0022| licensing department who subsequently becomes employed by the
|
0023| board without a break in service may, by agreement of the
|
0024| board, continue to participate in and be covered by those acts
|
0025| until separation from employment with the board. Where
|
0001| required under those acts, the board shall make contributions
|
0002| for the participating employee.
|
0003| C. The board is also specifically exempted from the
|
0004| provisions of the Public Employees Retirement Act and the
|
0005| Retiree Health Care Act; provided, however, that an employee of
|
0006| the regulation and licensing department who subsequently
|
0007| becomes employed by the board without a break in service may,
|
0008| by agreement of the board, continue to participate in the
|
0009| public employee retirement system under the terms and
|
0010| conditions of the Public Employees Retirement Act and the
|
0011| retiree health care system under the terms and conditions of
|
0012| the Retiree Health Care Act until separation from the
|
0013| employment with the board. The board shall make contributions
|
0014| as required by those acts for the participating employee.
|
0015| D. The board is also specifically exempted from the
|
0016| provisions of the Personnel Act; provided, however, that an
|
0017| employee in the classified service in the regulation and
|
0018| licensing department who subsequently becomes employed by the
|
0019| board without a break in service may, by agreement of the
|
0020| board, remain in the classified service and be covered by the
|
0021| Personnel Act until separation from employment with the board.
|
0022| For all other employees, the board may adopt its own employment
|
0023| policies."
|
0024| Section 134. A new section of the Speech Language
|
0025| Pathology, Audiology and Hearing Aid Dispensing Practices Act
|
0001| is enacted to read:
|
0002| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0003| board, as an organization and its individual members and
|
0004| employees, is specifically subject to and covered by the
|
0005| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0006| Act, the Inspection of Public Records Act, the Public Records
|
0007| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0008| Financial Disclosure Act and any other state law applicable to
|
0009| the board unless otherwise specifically exempted in the Speech
|
0010| Language Pathology, Audiology and Hearing Aid Dispensing
|
0011| Practices Act."
|
0012| Section 135. Section 61-14B-24 NMSA 1978 (being Laws
|
0013| 1996, Chapter 57, Section 24) is repealed and a new Section 61-
|
0014| 14B-24 NMSA 1978 is enacted to read:
|
0015| "61-14B-24. [NEW MATERIAL] BOARD FUNDS.--
|
0016| A. All money received by the board from fees provided
|
0017| for in the Speech Language Pathology, Audiology and Hearing Aid
|
0018| Dispensing Practices Act shall be deposited in an account in a
|
0019| federally insured financial institution qualified to do
|
0020| business in New Mexico. Money in the account shall be
|
0021| withdrawn on the order of the board or its designee and shall
|
0022| be used only to carry out the board's duties pursuant to that
|
0023| act.
|
0024| B. In accordance with the provisions of the Audit
|
0025| Act, the state auditor may examine the accounts and books of
|
0001| the board, including its receipts, disbursements, contracts,
|
0002| leases and other records relating to the performance of its
|
0003| duties pursuant to the Speech Language Pathology, Audiology and
|
0004| Hearing Aid Dispensing Practices Act. In addition, the
|
0005| governor may call for any additional, special audits by the
|
0006| state auditor whenever deemed necessary for the protection and
|
0007| oversight of board funds.
|
0008| C. Money of the board is not public money or state
|
0009| funds within the meaning of any law of the state relating to
|
0010| investment, deposit, security or expenditure of public money."
|
0011| Section 136. Section 61-14B-25 NMSA 1978 (being Laws
|
0012| 1996, Chapter 57, Section 25) is amended to read:
|
0013| "61-14B-25. TERMINATION OF AGENCY LIFE--DELAYED
|
0014| REPEAL.--The speech language pathology, audiology and hearing
|
0015| aid dispensing practices board is terminated on July 1,
|
0016| [1997] 2001 pursuant to the Sunset Act. The board shall
|
0017| continue to operate according to the provisions of the Speech
|
0018| Language Pathology, Audiology and Hearing Aid Dispensing
|
0019| Practices Act until July 1, [1998] 2002. Effective July 1,
|
0020| [1998] 2002, the Speech Language Pathology, Audiology and
|
0021| Hearing Aid Dispensing Practices Act is repealed."
|
0022| Section 137. Section 61-14D-1 NMSA 1978 (being Laws 1993,
|
0023| Chapter 325, Section 1) is amended to read:
|
0024| "61-14D-1. SHORT TITLE.--[Sections 1 through 19 of this
|
act] Chapter 61, Article 14D NMSA 1978 may be cited as the
|
0001| "Athletic Trainer Practice Act"."
|
0002| Section 138. Section 61-14D-3 NMSA 1978 (being Laws 1993,
|
0003| Chapter 325, Section 3) is amended to read:
|
0004| "61-14D-3. DEFINITIONS.--As used in the Athletic Trainer
|
0005| Practice Act:
|
0006| A. "athlete" means a person trained to participate in
|
0007| exercise requiring physical agility and stamina;
|
0008| B. "athletic trainer" means a person who, with the
|
0009| advice and consent of a licensed physician, practices the
|
0010| treatment, prevention, care and rehabilitation of injuries
|
0011| incurred by athletes;
|
0012| C. "board" means the athletic trainer practice board;
|
0013| [D. "department" means the regulation and licensing
|
department;
|
E.] D. "district" means an area having the same
|
0016| boundaries as a congressional district in the state; and
|
0017| [F.] E. "licensed physician" means a
|
0018| chiropractor, osteopath or physician licensed pursuant to
|
0019| [Articles 4, 6 or 10 of] Chapter 61, Article 4, 6 or 10
|
0020| NMSA 1978."
|
0021| Section 139. Section 61-14D-7 NMSA 1978 (being Laws 1993,
|
0022| Chapter 325, Section 7) is amended to read:
|
0023| "61-14D-7. BOARD CREATED.--
|
0024| A. There is created the "athletic trainer practice
|
0025| board".
|
0001| [B. The board shall be administratively attached to
|
the department.
|
C.] B. The board shall consist of five members
|
0004| appointed by the governor for staggered terms of three years
|
0005| each, except that the initial board shall be appointed so that
|
0006| the term of one member expires June 30, 1994, the terms of two
|
0007| members expire June 30, 1995 and the terms of two members
|
0008| expire June 30, 1996. Three of the members shall be athletic
|
0009| trainers licensed [under] pursuant to the provisions of the
|
0010| Athletic Trainer Practice Act with at least three years
|
0011| experience in the [profession] occupation in [the state
|
of] New Mexico. One member shall be from each district and at
|
0013| least one member shall be employed by a high school. Two
|
0014| members shall represent the public and have no financial
|
0015| interest, direct or indirect, in the occupation regulated. One
|
0016| public member shall be from any area north of interstate 40 in
|
0017| the state and one public member shall be from any area south of
|
0018| interstate 40 in the state. Board members shall serve until
|
0019| their successors have been appointed and qualified.
|
0020| [D.] C. Members of the board shall [be
|
reimbursed as provided in the Per Diem and Mileage Act and
|
shall receive no other compensation, perquisite or allowance]
|
0023| serve without compensation other than reasonable reimbursement
|
0024| for mileage and per diem as determined by the board and paid
|
0025| from board funds.
|
0001| [E.] D. A simple majority of the board members
|
0002| currently serving shall constitute a quorum of the board.
|
0003| [F.] E. The board shall meet at least once a year
|
0004| and at such other times as it deems necessary.
|
0005| [G.] F. No board member shall serve more than two
|
0006| consecutive terms. Any member failing to attend three
|
0007| meetings, after proper notice, shall automatically be
|
0008| recommended to be removed as a board member, unless excused for
|
0009| reasons set forth in board regulations.
|
0010| [H.] G. The board shall elect a chairman and
|
0011| other officers as deemed necessary to administer its duties."
|
0012| Section 140. Section 61-14D-8 NMSA 1978 (being Laws 1993,
|
0013| Chapter 325, Section 8) is amended to read:
|
0014| "61-14D-8. [DEPARTMENT] BOARD DUTIES.--The
|
0015| [department, in consultation with the] board shall:
|
0016| A. evaluate the qualifications of applicants and
|
0017| review any required examination results of applicants;
|
0018| B. issue licenses and provisional permits to
|
0019| applicants who meet the requirements of the Athletic Trainer
|
0020| Practice Act;
|
0021| C. administer, coordinate and enforce the provisions
|
0022| of the Athletic Trainer Practice Act and investigate persons
|
0023| engaging in practices [which] that may violate the
|
0024| provisions of that act;
|
0025| D. conduct any required examinations of applicants;
|
0001| and
|
0002| [E. hire staff as may be necessary to carry out the
|
actions of the board; and
|
F.] E. maintain board records, including financial
|
0005| records."
|
0006| Section 141. Section 61-14D-9 NMSA 1978 (being Laws 1993,
|
0007| Chapter 325, Section 9) is amended to read:
|
0008| "61-14D-9. BOARD [DUTIES] POWERS.--In addition to any
|
0009| other authority provided by law, the board shall have the
|
0010| authority to:
|
0011| A. adopt and file, in accordance with the State Rules
|
0012| Act, rules and regulations necessary to carry out the
|
0013| provisions of the Athletic Trainer Practice Act, in accordance
|
0014| with the provisions of the Uniform Licensing Act, including the
|
0015| procedures for an appeal of an examination failure;
|
0016| B. establish fees;
|
0017| C. approve administration of exams;
|
0018| D. adopt rules implementing continuing education
|
0019| requirements;
|
0020| E. conduct hearings upon charges relating to the
|
0021| discipline of licensees, including the denial, suspension or
|
0022| revocation of a license; [and]
|
0023| F. adopt a code of ethics;
|
0024| G. enter into contracts; and
|
0025| H. hire staff to carry out the actions of the board
|
0001| and provide for health insurance or other benefits for them.
|
0002| Except as otherwise provided in the Athletic Trainer Practice
|
0003| Act, employees serve at the pleasure of the board and are
|
0004| exempt from the provisions of the Personnel Act."
|
0005| Section 142. A new section of the Athletic Trainer
|
0006| Practice Act is enacted to read:
|
0007| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0008| board, the attorney general shall provide such legal services
|
0009| to the board necessary for the administration of the Athletic
|
0010| Trainer Practice Act; provided, however, that the board may, in
|
0011| its discretion, employ or contract for the services of other
|
0012| attorneys to assist it in the administration of that act."
|
0013| Section 143. A new section of the Athletic Trainer
|
0014| Practice Act is enacted to read:
|
0015| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0016| A. The board is specifically exempted from the
|
0017| provisions of the Procurement Code, the Art in Public Places
|
0018| Act, the Information and Communication Management Act and
|
0019| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0020| through 15-3-34 NMSA 1978.
|
0021| B. The board is also specifically exempted from the
|
0022| provisions of the Deferred Compensation Act, the Group Benefits
|
0023| Act, the Public Employee Bargaining Act, the Per Diem and
|
0024| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0025| provided, however, that an employee of the regulation and
|
0001| licensing department who subsequently becomes employed by the
|
0002| board without a break in service may, by agreement of the
|
0003| board, continue to participate in and be covered by those acts
|
0004| until separation from employment with the board. Where
|
0005| required under those acts, the board shall make contributions
|
0006| for the participating employee.
|
0007| C. The board is also specifically exempted from the
|
0008| provisions of the Public Employees Retirement Act and the
|
0009| Retiree Health Care Act; provided, however, that an employee of
|
0010| the regulation and licensing department who subsequently
|
0011| becomes employed by the board without a break in service may,
|
0012| by agreement of the board, continue to participate in the
|
0013| public employee retirement system under the terms and
|
0014| conditions of the Public Employees Retirement Act and the
|
0015| retiree health care system under the terms and conditions of
|
0016| the Retiree Health Care Act until separation from employment
|
0017| with the board. The board shall make contributions as required
|
0018| by those acts for the participating employee.
|
0019| D. The board is also specifically exempted from the
|
0020| provisions of the Personnel Act; provided, however, that an
|
0021| employee in the classified service in the regulation and
|
0022| licensing department who subsequently becomes employed by the
|
0023| board without a break in service may, by agreement of the
|
0024| board, remain in the classified service and be covered by the
|
0025| Personnel Act until separation from employment with the board.
|
0001| For all other employees, the board may adopt its own employment
|
0002| policies."
|
0003| Section 144. A new section of the Athletic Trainer
|
0004| Practice Act is enacted to read:
|
0005| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0006| board, as an organization and its individual members and
|
0007| employees, is specifically subject to and covered by the
|
0008| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0009| Act, the Inspection of Public Records Act, the Public Records
|
0010| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0011| Financial Disclosure Act and any other state law applicable to
|
0012| the board unless otherwise specifically exempted in the
|
0013| Athletic Trainer Practice Act."
|
0014| Section 145. Section 61-14D-18 NMSA 1978 (being Laws
|
0015| 1993, Chapter 325, Section 18) is repealed and a new Section
|
0016| 61-14D-18 NMSA 1978 is enacted to read:
|
0017| "61-14D-18. [NEW MATERIAL] BOARD FUNDS.--
|
0018| A. All money received by the board from fees provided
|
0019| for in the Athletic Trainer Practice Act shall be deposited in
|
0020| an account in a federally insured financial institution
|
0021| qualified to do business in New Mexico. Money in the account
|
0022| shall be withdrawn on the order of the board or its designee
|
0023| and shall be used only to carry out the board's duties pursuant
|
0024| to that act.
|
0025| B. In accordance with the provisions of the Audit
|
0001| Act, the state auditor may examine the accounts and books of
|
0002| the board, including its receipts, disbursements, contracts,
|
0003| leases and other records relating to the performance of its
|
0004| duties pursuant to the Athletic Trainer Practice Act. In
|
0005| addition, the governor may call for any additional, special
|
0006| audits by the state auditor whenever deemed necessary for the
|
0007| protection and oversight of board funds.
|
0008| C. Money of the board is not public money or state
|
0009| funds within the meaning of any law of the state relating to
|
0010| investment, deposit, security or expenditure of public money."
|
0011| Section 146. Section 61-17A-1 NMSA 1978 (being Laws 1993,
|
0012| Chapter 171, Section 1) is amended to read:
|
0013| "61-17A-1. SHORT TITLE.--[Sections 1 through 24 of this
|
act] Chapter 61, Article 17A NMSA 1978 may be cited as the
|
0015| "Barbers and Cosmetologists Act"."
|
0016| Section 147. Section 61-17A-6 NMSA 1978 (being Laws 1993,
|
0017| Chapter 171, Section 6) is amended to read:
|
0018| "61-17A-6. BOARD CREATED--MEMBERSHIP.--
|
0019| A. The "board of barbers and cosmetologists" is
|
0020| created. [The board shall be administratively attached to the
|
regulation and licensing department.] The board shall consist
|
0022| of nine members appointed by the governor. Members shall serve
|
0023| three-year terms; provided that at the time of initial
|
0024| appointment, the governor shall appoint members to abbreviated
|
0025| terms to allow staggering of subsequent appointments.
|
0001| Vacancies shall be filled in the manner of the original
|
0002| appointment.
|
0003| B. Of the nine members of the board, five shall be
|
0004| licensed pursuant to the Barbers and Cosmetologists Act and
|
0005| shall have at least five years' practical experience in their
|
0006| respective occupations. Of those five, two members shall be
|
0007| licensed barbers, two members shall be licensed cosmetologists
|
0008| and one member shall represent school owners. The remaining
|
0009| four members shall be public members. Neither the public
|
0010| members nor their spouses shall have ever been licensed or
|
0011| certified pursuant to the provisions of the Barbers and
|
0012| Cosmetologists Act or similar prior legislation or have a
|
0013| financial interest in a school or establishment.
|
0014| C. Members of the board shall [be reimbursed
|
pursuant to the Per Diem and Mileage Act and shall receive no
|
other compensation, perquisite or allowance] serve without
|
0017| compensation other than reasonable reimbursement for mileage
|
0018| and per diem as determined by the board and paid from board
|
0019| funds.
|
0020| D. The board shall elect from among its members a
|
0021| chairman and such other officers as it deems necessary. The
|
0022| board shall meet at the call of the chairman, not less than
|
0023| four times each year. A majority of members currently serving
|
0024| shall constitute a quorum for the conduct of business.
|
0025| E. No board member shall serve more than two full
|
0001| consecutive terms and any member who fails to attend, after
|
0002| proper notice, three meetings shall automatically be
|
0003| recommended for removal unless excused for reasons set forth by
|
0004| board regulation."
|
0005| Section 148. Section 61-17A-7 NMSA 1978 (being Laws 1993,
|
0006| Chapter 171, Section 7) is amended to read:
|
0007| "61-17A-7. BOARD POWERS AND DUTIES.--
|
0008| A. The board shall:
|
0009| (1) adopt and file, in accordance with the State
|
0010| Rules Act, rules and regulations necessary to carry out the
|
0011| provisions of the Barbers and Cosmetologists Act;
|
0012| (2) establish fees;
|
0013| (3) provide for the examination, licensure and
|
0014| license renewal of applicants for licensure;
|
0015| (4) establish standards for and provide for the
|
0016| examination, certification and renewal of certification of
|
0017| manicurists-pedicurists, estheticians and electrologists;
|
0018| (5) adopt a seal;
|
0019| (6) furnish copies of rules and regulations and
|
0020| sanitary requirements adopted by the board to each owner or
|
0021| manager of an establishment or school;
|
0022| (7) keep a record of its proceedings and a
|
0023| register of applicants for certification or licensure;
|
0024| (8) provide for the licensure of barbers and
|
0025| cosmetologists, the certification of [manicurist-pedicurists]
|
0001| manicurists-pedicurists, estheticians and electrologists and
|
0002| the licensure of instructors, schools and establishments;
|
0003| (9) establish administrative penalties and
|
0004| fines;
|
0005| (10) create and establish standards for special
|
0006| licenses; and
|
0007| (11) hire an executive director and such other
|
0008| staff as is necessary to carry out the provisions of the
|
0009| Barbers and Cosmetologists Act and may provide for health
|
0010| insurance or other benefits for them. Except as otherwise
|
0011| provided in the Barbers and Cosmetologists Act, employees serve
|
0012| at the pleasure of the board and are exempt from the provisions
|
0013| of the Personnel Act.
|
0014| B. The board may establish continuing education
|
0015| requirements as requirements for licensure.
|
0016| C. Any member of the board, its employees or agents
|
0017| may enter and inspect any school or establishment at any time
|
0018| during regular business hours for the purpose of determining
|
0019| compliance with the Barbers and Cosmetologists Act.
|
0020| D. The board may enter into contracts."
|
0021| Section 149. A new section of the Barbers and
|
0022| Cosmetologists Act is enacted to read:
|
0023| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0024| board, the attorney general shall provide such legal services
|
0025| to the board necessary for the administration of the Barbers
|
0001| and Cosmetologists Act; provided, however, that the board may,
|
0002| in its discretion, employ or contract for the services of other
|
0003| attorneys to assist it in the administration of that act."
|
0004| Section 150. A new section of the Barbers and
|
0005| Cosmetologists Act is enacted to read:
|
0006| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0007| A. The board is specifically exempted from the
|
0008| provisions of the Procurement Code, the Art in Public Places
|
0009| Act, the Information and Communication Management Act and
|
0010| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0011| through 15-3-34 NMSA 1978.
|
0012| B. The board is also specifically exempted from the
|
0013| provisions of the Deferred Compensation Act, the Group Benefits
|
0014| Act, the Public Employee Bargaining Act, the Per Diem and
|
0015| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0016| provided, however, that an employee of the regulation and
|
0017| licensing department who subsequently becomes employed by the
|
0018| board without a break in service may, by agreement of the
|
0019| board, continue to participate in and be covered by those acts
|
0020| until separation from employment with the board. Where
|
0021| required under those acts, the board shall make contributions
|
0022| for the participating employee.
|
0023| C. The board is also specifically exempted from the
|
0024| provisions of the Public Employees Retirement Act and the
|
0025| Retiree Health Care Act; provided, however, that an employee of
|
0001| the regulation and licensing department who subsequently
|
0002| becomes employed by the board without a break in service may,
|
0003| by agreement of the board, continue to participate in the
|
0004| public employee retirement system under the terms and
|
0005| conditions of the Public Employees Retirement Act and the
|
0006| retiree health care system under the terms and conditions of
|
0007| the Retiree Health Care Act until separation from employment
|
0008| with the board. The board shall make contributions as required
|
0009| by those acts for the participating employee.
|
0010| D. The board is also specifically exempted from the
|
0011| provisions of the Personnel Act, provided, however, that an
|
0012| employee in the classified service in the regulation and
|
0013| licensing department who subsequently becomes employed by the
|
0014| board without a break in service may, by agreement of the
|
0015| board, remain in the classified service and be covered by the
|
0016| Personnel Act until separation from employment with the board.
|
0017| For all other employees, the board may adopt its own employment
|
0018| policies."
|
0019| Section 151. A new section of the Barbers and
|
0020| Cosmetologists Act is enacted to read:
|
0021| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0022| board, as an organization and its individual members and
|
0023| employees, is specifically subject to and covered by the
|
0024| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0025| Act, the Inspection of Public Records Act, the Public Records
|
0001| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0002| Financial Disclosure Act and any other state law applicable to
|
0003| the board unless otherwise specifically exempted in the Barbers
|
0004| and Cosmetologists Act."
|
0005| Section 152. Section 61-17A-13 NMSA 1978 (being Laws
|
0006| 1993, Chapter 171, Section 13) is amended to read:
|
0007| "61-17A-13. TUITION RECOVERY FUND CREATED--
|
0008| ADMINISTRATION--CLAIMS.--
|
0009| A. The "tuition recovery fund" is created [in the
|
state treasury] as a board account. All money received by
|
0011| the board for the tuition recovery fund shall be deposited in
|
0012| an account in a federally insured financial institution
|
0013| qualified to do business in New Mexico. Money in the account
|
0014| shall be separate from other board accounts established
|
0015| pursuant to the provisions of Section 61-17A-14 NMSA 1978.
|
0016| Money in the fund [is appropriated to] shall be used by the
|
0017| board for the purpose of paying claims against the tuition
|
0018| recovery fund, including refunds to lending institutions.
|
0019| Money [appropriated to] deposited in the fund or accruing
|
0020| to it shall not be transferred to another fund or encumbered or
|
0021| disbursed in any manner except for the purposes set forth in
|
0022| the Barbers and Cosmetologists Act [provided that money in the
|
fund shall be invested by the state treasurer in the manner of
|
other state funds. The fund shall not revert at the end of the
|
fiscal year]. Disbursements from the fund shall be made only
|
0001| upon warrant drawn by the [secretary of finance and
|
administration] chairman of the board or his designated
|
0003| agent upon vouchers signed by the executive director of the
|
0004| board.
|
0005| B. The board shall administer the tuition recovery
|
0006| fund. Money in the fund shall be used to indemnify students
|
0007| damaged as a result of a barber school or cosmetology school
|
0008| ceasing operation or terminating a program prior to students
|
0009| having completed the programs for which they have contracted.
|
0010| C. Claims against the fund shall be filed with the
|
0011| board on forms approved by the board. Claims shall be filed
|
0012| within twelve months of a licensed school ceasing operation.
|
0013| The board shall by regulation provide for consideration and
|
0014| administration of claims made against the fund. The board is
|
0015| authorized to sue for replenishment of the fund when depletion
|
0016| of the fund is a direct result of a barber school or
|
0017| cosmetology school ceasing operation.
|
0018| D. The board shall dedicate a portion of the annual
|
0019| licensure fee assessed every barber school and cosmetology
|
0020| school to the tuition recovery fund. When the balance in the
|
0021| fund reaches an amount set by the board, the board shall
|
0022| discontinue dedication of a portion of the fee.
|
0023| E. In accordance with the provisions of the Audit
|
0024| Act, the state auditor may examine the accounts and books of
|
0025| the board regarding the tuition recovery fund, including its
|
0001| receipts, disbursements, contracts, leases and other records
|
0002| relating to the performance of its duties pursuant to this
|
0003| section. In addition, the governor may call for any
|
0004| additional, special audits by the state auditor whenever deemed
|
0005| necessary for the protection and oversight of the tuition
|
0006| recovery fund.
|
0007| F. Money in the tuition recovery fund is not public
|
0008| money or state funds within the meaning of any law of the state
|
0009| relating to investment, deposit, security or expenditure of
|
0010| public money."
|
0011| Section 153. Section 61-17A-14 NMSA 1978 (being Laws
|
0012| 1993, Chapter 171, Section 14) is repealed and a new Section
|
0013| 61-17A-14 NMSA 1978 is enacted to read:
|
0014| "61-17A-14. [NEW MATERIAL] BOARD FUNDS.--
|
0015| A. All money received by the board from fees provided
|
0016| for in the Barbers and Cosmetologists Act shall be deposited in
|
0017| an account in a federally insured financial institution
|
0018| qualified to do business in New Mexico. Money in the account
|
0019| shall be withdrawn on the order of the board or its designee
|
0020| and shall be used only to carry out the board's duties pursuant
|
0021| to that act.
|
0022| B. In accordance with the provisions of the Audit
|
0023| Act, the state auditor may examine the accounts and books of
|
0024| the board, including its receipts, disbursements, contracts,
|
0025| leases and other records relating to the performance of its
|
0001| duties pursuant to the Barbers and Cosmetologists Act. In
|
0002| addition, the governor may call for any additional, special
|
0003| audits by the state auditor whenever deemed necessary for the
|
0004| protection and oversight of board funds.
|
0005| C. Money of the board is not public money or state
|
0006| funds within the meaning of any law of the state relating to
|
0007| investment, deposit, security or expenditure of public money."
|
0008| Section 154. Section 61-24B-1 NMSA 1978 (being Laws 1985,
|
0009| Chapter 151, Section 1) is amended to read:
|
0010| "61-24B-1. SHORT TITLE.--[This act] Chapter 61,
|
0011| Article 24B NMSA 1978 may be cited as the "Landscape
|
0012| Architects Act"."
|
0013| Section 155. Section 61-24B-6 NMSA 1978 (being Laws 1985,
|
0014| Chapter 151, Section 6, as amended) is amended to read:
|
0015| "61-24B-6. BOARD CREATED--MEMBERS--QUALIFICATIONS--TERMS-
|
0016| -
|
0017| VACANCIES--REMOVAL.--
|
0018| A. There is created a "board of landscape
|
0019| architects". The board shall consist of five members, three
|
0020| of whom shall be registered landscape architects having ten
|
0021| years' or more experience in the profession [provided,
|
however, that the initial two landscape architects approved
|
shall be registered within six months of the effective date of
|
the Landscape Architects Act] and two of whom shall
|
0025| represent the public and shall not have been licensed as
|
0001| landscape architects or have any significant financial
|
0002| interest, direct or indirect, in the [occupation]
|
0003| profession regulated.
|
0004| B. [Upon enactment of the Landscape Architects Act]
|
0005| Appointments shall be made by the governor. The members of the
|
0006| board shall be appointed for staggered terms of three years and
|
0007| appointments shall be made in such a manner that the terms of
|
0008| board members expire on June 30. The landscape architect
|
0009| members of the board shall be appointed from lists submitted to
|
0010| the governor by the New Mexico chapter of the American society
|
0011| of landscape architects. A vacancy shall be filled by
|
0012| appointment by the governor for the unexpired term and shall be
|
0013| filled by persons having similar qualifications to those of the
|
0014| member being replaced. Board members shall serve until their
|
0015| successors have been appointed and qualified.
|
0016| C. The board shall meet within sixty days of the
|
0017| effective date of the Landscape Architects Act and elect from
|
0018| its membership a chairman and vice chairman. The board shall
|
0019| meet at such other times as it deems necessary or advisable or
|
0020| as deemed necessary and advisable by the chairman, a majority
|
0021| of its members or the governor, but in no event less than twice
|
0022| a year. Reasonable notice of all meetings shall be given in
|
0023| the manner prescribed by the board. A majority of the board
|
0024| shall constitute a quorum at any meeting or hearing.
|
0025| D. The governor may remove any member from the board
|
0001| for neglect of any duty required by law, for incompetence, for
|
0002| improper or unprofessional conduct as defined by board
|
0003| regulation or for any reason [which] that would justify the
|
0004| suspension or revocation of his registration to practice
|
0005| landscape architecture.
|
0006| E. No board member shall serve more than two
|
0007| consecutive full terms, and any member failing to attend, after
|
0008| proper notice, three consecutive meetings shall automatically
|
0009| be removed as a board member, unless excused for reasons set
|
0010| forth in board regulations.
|
0011| F. Members of the board shall [be reimbursed as
|
provided in the Per Diem and Mileage Act and shall receive no
|
other compensation, perquisite or allowance] serve without
|
0014| compensation other than reasonable reimbursement for mileage
|
0015| and per diem as determined by the board and paid from board
|
0016| funds."
|
0017| Section 156. Section 61-24B-7 NMSA 1978 (being Laws 1985,
|
0018| Chapter 151, Section 7, as amended) is amended to read:
|
0019| "61-24B-7. BOARD--POWERS AND DUTIES.--The board
|
0020| [shall]:
|
0021| A. may promulgate rules and regulations necessary
|
0022| to effectuate the provisions of the Landscape Architects Act;
|
0023| B. may employ such persons as necessary to carry
|
0024| out the provisions of the Landscape Architects Act and provide
|
0025| for health insurance or other benefits for them. Except as
|
0001| otherwise provided in that act, employees serve at the pleasure
|
0002| of the board and are exempt from the provisions of the
|
0003| Personnel Act;
|
0004| C. shall provide for the examination, registration
|
0005| and re-registration of all applicants;
|
0006| D. may adopt and use a seal;
|
0007| E. may administer oaths and take testimony on
|
0008| matters within the board's jurisdiction;
|
0009| F. may grant, deny, renew, suspend or revoke
|
0010| certificates of registration to practice landscape architecture
|
0011| in accordance with the provisions of the Uniform Licensing Act
|
0012| for any cause stated in the Landscape Architects Act;
|
0013| G. shall conduct hearings upon charges relating to
|
0014| discipline of a registrant or the denial, suspension or
|
0015| revocation of a certificate of registration; [and]
|
0016| H. shall participate with the state board of
|
0017| examiners for architects and the state board of registration
|
0018| for professional engineers and land surveyors in creating a
|
0019| joint standing committee to be known as the "architect-
|
0020| engineer-landscape architect joint practice committee" to re-
|
0021|
|
0022| solve disputes concerning these professions. The composition
|
0023| of this committee and its powers and duties shall be in ac-
|
0024|
|
0025| cordance with identical resolutions adopted by each board; and
|
0001| I. may enter into contracts."
|
0002| Section 157. A new section of the Landscape Architects
|
0003| Act is enacted to read:
|
0004| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0005| board, the attorney general shall provide such legal services
|
0006| to the board necessary for the administration of the Landscape
|
0007| Architects Act; provided, however, that the board may, in its
|
0008| discretion, employ or contract for the services of other
|
0009| attorneys to assist it in the administration of that act."
|
0010| Section 158. A new section of the Landscape Architects
|
0011| Act is enacted to read:
|
0012| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0013| A. The board is specifically exempted from the
|
0014| provisions of the Procurement Code, the Art in Public Places
|
0015| Act, the Information and Communication Management Act and
|
0016| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0017| through 15-3-34 NMSA 1978.
|
0018| B. The board is also specifically exempted from the
|
0019| provisions of the Deferred Compensation Act, the Group Benefits
|
0020| Act, the Public Employee Bargaining Act, the Per Diem and
|
0021| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0022| provided, however, that an employee of the regulation and
|
0023| licensing department who subsequently becomes employed by the
|
0024| board without a break in service may, by agreement of the
|
0025| board, continue to participate in and be covered by those acts
|
0001| until separation from employment with the board. Where
|
0002| required under those acts, the board shall make contributions
|
0003| for the participating employee.
|
0004| C. The board is also specifically exempted from the
|
0005| provisions of the Public Employees Retirement Act and the
|
0006| Retiree Health Care Act; provided, however, that an employee of
|
0007| the regulation and licensing department who subsequently
|
0008| becomes employed by the board without a break in service may,
|
0009| by agreement of the board, continue to participate in the
|
0010| public employee retirement system under the terms and
|
0011| conditions of the Public Employees Retirement Act and the
|
0012| retiree health care system under the terms and conditions of
|
0013| the Retiree Health Care Act until separation from employment
|
0014| with the board. The board shall make contributions as required
|
0015| by those acts for the participating employee.
|
0016| D. The board is also specifically exempted from the
|
0017| provisions of the Personnel Act; provided, however, that an
|
0018| employee in the classified service in the regulation and
|
0019| licensing department who subsequently becomes employed by the
|
0020| board without a break in service may, by agreement of the
|
0021| board, remain in the classified service and be covered by the
|
0022| Personnel Act until separation from employment with the board.
|
0023| For all other employees, the board may adopt its own employment
|
0024| policies."
|
0025| Section 159. A new section of the Landscape Architects
|
0001| Act is enacted to read:
|
0002| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0003| board, as an organization and its individual members and
|
0004| employees, is specifically subject to and covered by the
|
0005| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0006| Act, the Inspection of Public Records Act, the Public Records
|
0007| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0008| Financial Disclosure Act and any other state law applicable to
|
0009| the board unless otherwise specifically exempted in the
|
0010| Landscape Architects Act."
|
0011| Section 160. Section 61-24B-14 NMSA 1978 (being Laws
|
0012| 1985, Chapter 151, Section 14) is repealed and a new Section
|
0013| 61-24B-14 NMSA 1978 is enacted to read:
|
0014| "61-24B-14. [NEW MATERIAL] BOARD FUNDS.--
|
0015| A. All money received by the board from fees provided
|
0016| for in the Landscape Architects Act shall be deposited in an
|
0017| account in a federally insured financial institution qualified
|
0018| to do business in New Mexico. Money in the account shall be
|
0019| withdrawn on the order of the board or its designee and shall
|
0020| be used only to carry out the board's duties pursuant to that
|
0021| act.
|
0022| B. In accordance with the provisions of the Audit
|
0023| Act, the state auditor may examine the accounts and books of
|
0024| the board, including its receipts, disbursements, contracts,
|
0025| leases and other records relating to the performance of its
|
0001| duties pursuant to the Landscape Architects Act. In addition,
|
0002| the governor may call for any additional, special audits by the
|
0003| state auditor whenever deemed necessary for the protection and
|
0004| oversight of board funds.
|
0005| C. Money of the board is not public money or state
|
0006| funds within the meaning of any law of the state relating to
|
0007| investment, deposit, security or expenditure of public money."
|
0008| Section 161. Section 61-24B-17 NMSA 1978 (being Laws
|
0009| 1985, Chapter 151, Section 18, as amended) is amended to read:
|
0010| "61-24B-17. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--
|
0011| The board of landscape architects is terminated on July 1,
|
0012| [1997] 2003 pursuant to the Sunset Act. The board shall
|
0013| continue to operate according to the provisions of the
|
0014| Landscape Architects Act until July 1, [1998] 2004.
|
0015| Effective July 1, [1998] 2004, the Landscape Architects Act
|
0016| is repealed."
|
0017| Section 162. Section 61-24C-1 NMSA 1978 (being Laws 1989,
|
0018| Chapter 53, Section 1) is amended to read:
|
0019| "61-24C-1. SHORT TITLE.--[This act] Chapter 61,
|
0020| Article 24C NMSA 1978 may be cited as the "Interior Designers
|
0021| Act"."
|
0022| Section 163. Section 61-24C-5 NMSA 1978 (being Laws 1989,
|
0023| Chapter 53, Section 5) is amended to read:
|
0024| "61-24C-5. POWERS AND DUTIES OF THE BOARD.--The board:
|
0025| A. shall administer, coordinate and enforce the
|
0001| provisions of the Interior Designers Act. The board may
|
0002| investigate allegations of violations of the provisions of the
|
0003| Interior Designers Act;
|
0004| B. shall adopt regulations to carry out the purposes
|
0005| and policies of the Interior Designers Act, including
|
0006| regulations relating to professional conduct, standards of
|
0007| performance and professional examination and licensure,
|
0008| reasonable license, application, renewal and late fees and the
|
0009| establishment of ethical standards of practice for persons
|
0010| holding a license to practice as an interior designer in New
|
0011| Mexico;
|
0012| C. may employ an executive director and other
|
0013| employees and fix their compensation and provide for health
|
0014| insurance or other benefits for them. Except as otherwise
|
0015| provided in the Interior Designers Act, employees serve at the
|
0016| pleasure of the board and are exempt from the provisions of the
|
0017| Personnel Act;
|
0018| D. may [contract with the regulation and licensing
|
department to obtain office space and administrative services]
|
0020| enter into contracts;
|
0021| E. shall require a licensee, as a condition of the
|
0022| renewal of his license, to undergo continuing education
|
0023| requirements as set forth in the Interior Designers Act;
|
0024| F. shall maintain an official roster showing the
|
0025| name, address and license number of each interior designer
|
0001| licensed pursuant to the Interior Designers Act;
|
0002| G. shall conduct hearings and keep records and
|
0003| minutes necessary to carry out its functions;
|
0004| H. may adopt a common seal for use by interior
|
0005| designers; and
|
0006| I. shall do all things reasonable and necessary to
|
0007| carry out the purposes of the Interior Designers Act."
|
0008| Section 164. Section 61-24C-6 NMSA 1978 (being Laws 1989,
|
0009| Chapter 53, Section 6) is amended to read:
|
0010| "61-24C-6. COMPENSATION AND EXPENSES.--
|
0011| A. Members of the board shall [be reimbursed as
|
provided in the Per Diem and Mileage Act and shall receive no
|
other compensation, perquisite or allowance] serve without
|
0014| compensation other than reasonable reimbursement for mileage
|
0015| and per diem as determined by the board and paid from board
|
0016| funds.
|
0017| B. The board shall fix the compensation of its
|
0018| employees by resolution adopted at a regular meeting of the
|
0019| board."
|
0020| Section 165. A new section of the Interior Designers Act
|
0021| is enacted to read:
|
0022| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0023| board, the attorney general shall provide such legal services
|
0024| to the board necessary for the administration of the Interior
|
0025| Designers Act; provided, however, that the board may, in its
|
0001| discretion, employ or contract for the services of other
|
0002| attorneys to assist it in the administration of that act."
|
0003| Section 166. A new section of the Interior Designers Act
|
0004| is enacted to read:
|
0005| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0006| A. The board is specifically exempted from the
|
0007| provisions of the Procurement Code, the Art in Public Places
|
0008| Act, the Information and Communication Management Act and
|
0009| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0010| through 15-3-34 NMSA 1978.
|
0011| B. The board is also specifically exempted from the
|
0012| provisions of the Deferred Compensation Act, the Group Benefits
|
0013| Act, the Public Employee Bargaining Act, the Per Diem and
|
0014| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0015| provided, however, that an employee of the regulation and
|
0016| licensing department who subsequently becomes employed by the
|
0017| board without a break in service may, by agreement of the
|
0018| board, continue to participate in and be covered by those acts
|
0019| until separation from employment with the board. Where
|
0020| required under those acts, the board shall make contributions
|
0021| for the participating employee.
|
0022| C. The board is also specifically exempted from the
|
0023| provisions of the Public Employees Retirement Act and the
|
0024| Retiree Health Care Act; provided, however, that an employee of
|
0025| the regulation and licensing department who subsequently
|
0001| becomes employed by the board without a break in service may,
|
0002| by agreement of the board, continue to participate in the
|
0003| public employee retirement system under the terms and
|
0004| conditions of the Public Employees Retirement Act and the
|
0005| retiree health care system under the terms and conditions of
|
0006| the Retiree Health Care Act until separation from employment
|
0007| with the board. The board shall make contributions as required
|
0008| by those acts for the participating employee.
|
0009| D. The board is also specifically exempted from the
|
0010| provisions of the Personnel Act; provided, however, that an
|
0011| employee in the classified service in the regulation and
|
0012| licensing department who subsequently becomes employed by the
|
0013| board without a break in service may, by agreement of the
|
0014| board, remain in the classified service and be covered by the
|
0015| Personnel Act until separation from employment with the board.
|
0016| For all other employees, the board may adopt its own employment
|
0017| policies."
|
0018| Section 167. A new section of the Interior Designers Act
|
0019| is enacted to read:
|
0020| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0021| board, as an organization and its individual members and
|
0022| employees, is specifically subject to and covered by the
|
0023| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0024| Act, the Inspection of Public Records Act, the Public Records
|
0025| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0001| Financial Disclosure Act and any other state law applicable to
|
0002| the board unless otherwise specifically exempted in the
|
0003| Interior Designers Act."
|
0004| Section 168. Section 61-24C-16 NMSA 1978 (being Laws
|
0005| 1989, Chapter 53, Section 16) is amended to read:
|
0006| "61-24C-16. [FUND ESTABLISHED] BOARD FUNDS--
|
0007| DISPOSITION--METHOD OF PAYMENT.--
|
0008| [A. There is created the "interior design board
|
fund".
|
B. All funds received by the board and money
|
collected under the Interior Designers Act shall be deposited
|
with the state treasurer. The state treasurer shall credit the
|
money to the interior design board fund.
|
C. Payments out of the interior design board fund
|
shall be on vouchers issued by the secretary-treasurer of the
|
board upon warrants drawn by the department of finance and
|
administration in accordance with the budget approved by that
|
department.]
|
0019| A. All money received by the board from fees
|
0020| provided for in the Interior Designers Act shall be deposited
|
0021| in an account in a federally insured financial institution
|
0022| qualified to do business in New Mexico. Money in the account
|
0023| shall be withdrawn on the order of the board or its designee.
|
0024| B. In accordance with the provisions of the Audit
|
0025| Act, the state auditor may examine the accounts and books of
|
0001| the board, including its receipts, disbursements, contracts,
|
0002| leases and other records relating to the performance of its
|
0003| duties pursuant to the Interior Designers Act. In addition,
|
0004| the governor may call for any additional, special audits by the
|
0005| state auditor whenever deemed necessary for the protection and
|
0006| oversight of board funds.
|
0007| C. Money of the board is not public money or state
|
0008| funds within the meaning of any law of the state relating to
|
0009| investment, deposit, security or expenditure of public money.
|
0010| D. All amounts paid to the [interior design] board
|
0011| [fund] are subject to the order of the board and are to be
|
0012| used only for meeting necessary expenses incurred in executing
|
0013| the provisions and duties of the Interior Designers Act and for
|
0014| promoting interior design education and standards in the state.
|
0015| [All money unused at the end of any fiscal year shall remain
|
in the interior design board fund for use in accordance with
|
the provisions of that act.]"
|
0018| Section 169. Section 61-27A-1 NMSA 1978 (being Laws 1993,
|
0019| Chapter 212, Section 1) is amended to read:
|
0020| "61-27A-1. SHORT TITLE.--[This act] Chapter 61,
|
0021| Article 27A NMSA 1978 may be cited as the "Private
|
0022| Investigators and Polygraphers Act"."
|
0023| Section 170. Section 61-27A-2 NMSA 1978 (being Laws 1993,
|
0024| Chapter 212, Section 2) is amended to read:
|
0025| "61-27A-2. DEFINITIONS.--As used in the Private
|
0001| Investigators and Polygraphers Act:
|
0002| A. "alarm company" means a company that installs
|
0003| burglar or security alarms in a facility and responds with
|
0004| guards when the alarm is sounded;
|
0005| B. "armored car company" means a company that
|
0006| knowingly and willingly transports money and other negotiables
|
0007| for a fee or other remuneration;
|
0008| C. "board" means the private investigators and
|
0009| polygraphers board;
|
0010| [C.] D. "bodyguard" means a person who physically
|
0011| performs the mission of personal security of another
|
0012| individual;
|
0013| [D.] E. "branch office" means an office
|
0014| physically located in New Mexico and managed, controlled or
|
0015| directed by a manager;
|
0016| [E.] F. "client" means an individual or legal
|
0017| entity having a contract that authorizes services to be
|
0018| provided in return for financial or other consideration;
|
0019| [F.] G. "conviction" means any final adjudication
|
0020| of guilty, whether pursuant to a plea of guilty or nolo
|
0021| contendere or otherwise and whether or not the sentence is
|
0022| deferred or suspended;
|
0023| [G. "department" means the regulation and licensing
|
department;]
|
0025| H. "licensee" means a person licensed as a:
|
0001| (1) private investigator;
|
0002| (2) private patrol operator; or
|
0003| (3) polygraph examiner;
|
0004| I. "manager" means an individual who:
|
0005| (1) is a resident of New Mexico;
|
0006| (2) has the qualifications required of a
|
0007| licensee; and
|
0008| (3) directs, controls or manages a private
|
0009| investigator or private patrol operator business for the owner
|
0010| of the business when the owner:
|
0011| (a) is a nonresident licensee; or
|
0012| (b) does not qualify for a license under the
|
0013| Private Investigators and Polygraphers Act;
|
0014| J. "person" means any individual, firm, company,
|
0015| association, organization, partnership or corporation;
|
0016| K. "polygraphy" means the employment of an instrument
|
0017| designed to graphically record simultaneously the physiological
|
0018| changes in human respiration, cardiovascular activity, galvanic
|
0019| skin resistance or reflex for the purpose of lie detection and
|
0020| includes the reading and interpretation of polygraphic records
|
0021| and results;
|
0022| L. "private investigator" means a person who for any
|
0023| consideration whatsoever engages in business or accepts
|
0024| employment to conduct an investigation for the purpose of
|
0025| obtaining information with reference to:
|
0001| (1) crime or wrongs done or threatened against
|
0002| the United States or any state or territory of the United
|
0003| States;
|
0004| (2) the identity, habits, conduct, business,
|
0005| occupation, honesty, integrity, credibility, knowledge,
|
0006| trustworthiness, efficiency, loyalty, activity, movement,
|
0007| whereabouts, affiliation, association, transactions, acts,
|
0008| reputation or character of any person;
|
0009| (3) the location, disposition or recovery of
|
0010| lost or stolen property;
|
0011| (4) the cause or responsibility for fires,
|
0012| losses, accidents or damage or injury to persons or properties;
|
0013| or
|
0014| (5) the securing of evidence to be used before
|
0015| any court, board, officer or investigating committee;
|
0016| M. "private investigator employee" means an
|
0017| individual who is working under the license and bond of a
|
0018| private investigator;
|
0019| N. "private patrol operator" or "operator of a
|
0020| private patrol service" means a person who for any
|
0021| consideration whatsoever agrees to:
|
0022| (1) furnish or furnishes a uniformed or
|
0023| nonuniformed watchman, guard, patrolman or other person to
|
0024| protect property and any persons on or in the property;
|
0025| (2) prevent the theft, unlawful taking, loss,
|
0001| embezzlement, misappropriation or concealment of any goods,
|
0002| wares, merchandise, money, bonds, stocks, notes, documents,
|
0003| papers or property of any kind; or
|
0004| (3) perform the service of a security guard,
|
0005| armored car company or security dog company.
|
0006| A private patrol operator may not make any investigation
|
0007| except those that are incidental to the theft, loss,
|
0008| embezzlement, misappropriation or concealment of any property
|
0009| or any other item enumerated in the Private Investigators and
|
0010| Polygraphers Act that he has been hired or engaged to protect,
|
0011| guard or watch;
|
0012| O. "security dog company" means a company that uses
|
0013| trained dogs with handlers to perform a security mission at a
|
0014| location; and
|
0015| P. "security guard" means any individual who is an
|
0016| employee of a private patrol operator and employed to perform
|
0017| such security missions as watchman, fixed post guard, dog
|
0018| handler, patrolman or other person to protect property or
|
0019| prevent thefts."
|
0020| Section 171. Section 61-27A-4 NMSA 1978 (being Laws 1993,
|
0021| Chapter 212, Section 4) is amended to read:
|
0022| "61-27A-4. PERSONS EXEMPTED.--The Private Investigators
|
0023| and Polygraphers Act does not apply to:
|
0024| A. attorneys;
|
0025| B. a person employed exclusively and regularly by one
|
0001| employer in connection with the affairs of such employer only
|
0002| where there exists an employer-employee relationship;
|
0003| C. an officer or employee of the United States or
|
0004| this state or a political subdivision of the United States or
|
0005| this state while that officer or employee is engaged in the
|
0006| performance of his official duties;
|
0007| D. a person engaged exclusively in the business of
|
0008| obtaining and furnishing information concerning the financial
|
0009| rating of persons;
|
0010| E. a charitable philanthropic society or association
|
0011| duly incorporated under the laws of this state that is
|
0012| organized and maintained for the public good and not for
|
0013| private profit;
|
0014| F. a licensed collection agency or an employee
|
0015| thereof while acting within the scope of his employment while
|
0016| making an investigation incidental to the business of the
|
0017| agency, including an investigation of the location of a debtor
|
0018| or his property;
|
0019| G. admitted insurers, adjusters, agents and insurance
|
0020| brokers licensed by the state performing duties in connection
|
0021| with insurance transactions by them; or
|
0022| H. any institution subject to the jurisdiction of the
|
0023| director of the financial institutions division of the
|
0024| regulation and licensing department or the comptroller of
|
0025| currency of the United States."
|
0001| Section 172. Section 61-27A-5 NMSA 1978 (being Laws 1993,
|
0002| Chapter 212, Section 5) is amended to read:
|
0003| "61-27A-5. BOARD CREATED--ADMINISTRATION OF ACT--RULES
|
0004| AND
|
0005| REGULATIONS.--
|
0006| A. The [department] "private investigators and
|
0007| polygraphers board" is created. The board shall enforce and
|
0008| administer the provisions of the Private Investigators and
|
0009| Polygraphers Act.
|
0010| B. The [department shall appoint an advisory board
|
to assist in the conduct of the examination process for
|
licensure and in any other manner to aid in the administration
|
of that act. The advisory] governor shall appoint members of
|
0014| the board, which shall consist of two licensed private
|
0015| investigators, one licensed private patrol operator, one
|
0016| licensed polygraph examiner and one member [of] who
|
0017| represents the public. The public member shall not have been
|
0018| licensed or have practiced as a private investigator, private
|
0019| patrol operator or polygraph examiner, and shall not have any
|
0020| significant financial interest, whether direct or indirect, in
|
0021| the fields licensed by the board. All members serve for
|
0022| staggered terms of three years. Each member shall hold office
|
0023| until his successor is appointed and qualified.
|
0024| C. Members of the board shall [be reimbursed as
|
provided in the Per Diem and Mileage Act] serve without
|
0001| compensation other than reasonable reimbursement for mileage
|
0002| and per diem as determined by the board and paid from board
|
0003| funds.
|
0004| [C.] D. The [department] board shall keep a
|
0005| record of each licensee and each employee of a private
|
0006| investigator or private patrol operator.
|
0007| [D.] E. The [department] board shall adopt
|
0008| and enforce rules and regulations necessary to carry out the
|
0009| provisions of the Private Investigators and Polygraphers Act,
|
0010| including requirements for continuing education.
|
0011| F. The board may employ staff it deems necessary to
|
0012| assist it in carrying out its duties pursuant to the Private
|
0013| Investigators and Polygraphers Act and may provide for health
|
0014| insurance or other benefits for them. Except as otherwise
|
0015| provided in that act, employees serve at the pleasure of the
|
0016| board and are exempt from the provisions of the Personnel Act.
|
0017| G. The board may enter into contracts."
|
0018| Section 173. A new section of the Private Investigators
|
0019| and Polygraphers Act is enacted to read:
|
0020| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0021| board, the attorney general shall provide such legal services
|
0022| to the board necessary for the administration of the Private
|
0023| Investigators and Polygraphers Act; provided, however, that the
|
0024| board may, within its discretion, employ or contract for the
|
0025| services of other attorneys to assist it in the administration
|
0001| of that act."
|
0002| Section 174. A new section of the Private Investigators
|
0003| and Polygraphers Act is enacted to read:
|
0004| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0005| A. The board is specifically exempted from the
|
0006| provisions of the Procurement Code, the Art in Public Places
|
0007| Act, the Information and Communication Management Act and
|
0008| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0009| through 15-3-34 NMSA 1978.
|
0010| B. The board is also specifically exempted from the
|
0011| provisions of the Deferred Compensation Act, the Group Benefits
|
0012| Act, the Public Employee Bargaining Act, the Per Diem and
|
0013| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0014| provided, however, that an employee of the regulation and
|
0015| licensing department who subsequently becomes employed by the
|
0016| board without a break in service may, by agreement of the
|
0017| board, continue to participate in and be covered by those acts
|
0018| until separation from employment with the board. Where
|
0019| required under those acts, the board shall make contributions
|
0020| for the participating employee.
|
0021| C. The board is also specifically exempted from the
|
0022| provisions of the Public Employees Retirement Act and the
|
0023| Retiree Health Care Act; provided, however, that an employee of
|
0024| the regulation and licensing department who subsequently
|
0025| becomes employed by the board without a break in service may,
|
0001| by agreement of the board, continue to participate in the
|
0002| public employee retirement system under the terms and
|
0003| conditions of the Public Employees Retirement Act and the
|
0004| retiree health care system under the terms and conditions of
|
0005| the Retire Health Care Act until separation from employment
|
0006| with the board. The board shall make contributions as required
|
0007| by those acts for the participating employee.
|
0008| D. The board is also specifically exempted from the
|
0009| provisions of the Personnel Act; provided, however, that an
|
0010| employee in the classified service in the regulation and
|
0011| licensing department who subsequently becomes employed by the
|
0012| board without a break in service may, by agreement of the
|
0013| board, remain in the classified service and be covered by the
|
0014| Personnel Act until separation from employment with the board.
|
0015| For all other employees, the board may adopt its own employment
|
0016| policies."
|
0017| Section 175. A new section of the Private Investigators
|
0018| and Polygraphers Act is enacted to read:
|
0019| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0020| board, as an organization and its individual members and
|
0021| employees, is specifically subject to and covered by the
|
0022| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0023| Act, the Inspection of Public Records Act, the Public Records
|
0024| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0025| Financial Disclosure Act and any other state law applicable to
|
0001| the board unless otherwise specifically exempted in the Private
|
0002| Investigators and Polygraphers Act."
|
0003| Section 176. Section 61-27A-6 NMSA 1978 (being Laws 1993,
|
0004| Chapter 212, Section 6) is amended to read:
|
0005| "61-27A-6. REQUIREMENTS FOR LICENSURE.--
|
0006| A. The [department] board shall issue a license
|
0007| for a private investigator to any person who files a completed
|
0008| application accompanied by the required fees and who submits
|
0009| satisfactory evidence that the applicant:
|
0010| (1) is at least eighteen years of age;
|
0011| (2) is of good moral character;
|
0012| (3) has passed a written examination as
|
0013| prescribed by the [department] board;
|
0014| (4) has at least three years' experience within
|
0015| the last five years in investigative work or a level of
|
0016| experience determined to be sufficient by the [department]
|
0017| board; and
|
0018| (5) has not been convicted of a felony offense
|
0019| or any other criminal offense involving moral turpitude or the
|
0020| illegal use or possession of a deadly weapon.
|
0021| B. The [department] board shall issue a license
|
0022| for a private investigator manager to any person who files a
|
0023| completed application accompanied by the required fees and who
|
0024| submits satisfactory evidence that the applicant:
|
0025| (1) is a resident of New Mexico;
|
0001| (2) is at least eighteen years of age;
|
0002| (3) has passed a written examination as
|
0003| prescribed by the [department] board;
|
0004| (4) has at least three years' experience within
|
0005| the last five years in investigative work or a level of
|
0006| experience determined to be sufficient by the [department]
|
0007| board;
|
0008| (5) is of good moral character; and
|
0009| (6) has not been convicted of a felony offense
|
0010| or any other criminal offense involving moral turpitude or the
|
0011| illegal use or possession of a deadly weapon.
|
0012| C. The [department] board shall issue a license
|
0013| for a private patrol operator to any person who files a
|
0014| completed application accompanied by the required fees and who
|
0015| submits satisfactory evidence that the applicant:
|
0016| (1) is at least eighteen years of age;
|
0017| (2) is of good moral character;
|
0018| (3) has passed a written examination as
|
0019| prescribed by the [department] board;
|
0020| (4) has at least three years' experience within
|
0021| the last five years in security work or a level of experience
|
0022| determined to be sufficient by the [department] board; and
|
0023| (5) has not been convicted of a felony offense
|
0024| or any other criminal offense involving moral turpitude or the
|
0025| illegal use or possession of a deadly weapon.
|
0001| D. The [department] board shall issue a license
|
0002| for a private patrol operator manager to any person who files a
|
0003| completed application accompanied by the required fees and who
|
0004| submits satisfactory evidence that the applicant:
|
0005| (1) is a resident of New Mexico;
|
0006| (2) is at least eighteen years of age;
|
0007| (3) has passed a written examination as
|
0008| prescribed by the [department] board;
|
0009| (4) has at least three years' experience within
|
0010| the last five years in security work or a level of experience
|
0011| determined to be sufficient by the [department] board;
|
0012| (5) is of good moral character; and
|
0013| (6) has not been convicted of a felony offense
|
0014| or any other criminal offense involving moral turpitude or the
|
0015| illegal use or possession of a deadly weapon.
|
0016| E. A manager's license is required when the owner of
|
0017| a private investigator or private patrol operator business:
|
0018| (1) is a nonresident licensee; or
|
0019| (2) does not qualify for a license under the
|
0020| Private Investigators and Polygraphers Act.
|
0021| F. The [department] board shall issue a security
|
0022| guard pocket card to any person who files a completed
|
0023| application accompanied by the required fees and who submits
|
0024| satisfactory evidence that the applicant:
|
0025| (1) is at least eighteen years of age; and
|
0001| (2) is of good moral character.
|
0002| G. The [department] board shall issue a license
|
0003| for polygrapher to any person who files a completed application
|
0004| accompanied by the required fees and who submits satisfactory
|
0005| evidence that the applicant:
|
0006| (1) is at least eighteen years of age;
|
0007| (2) possesses a high school diploma or its
|
0008| equivalent;
|
0009| (3) has not been convicted of a felony or
|
0010| misdemeanor involving moral turpitude; and
|
0011| (4) has graduated from a polygraph examiners
|
0012| course approved by the [department] board and:
|
0013| (a) has completed a probationary operational
|
0014| competency period and passed an examination of ability to
|
0015| practice polygraphy; or
|
0016| (b) has submitted proof of holding, for a
|
0017| minimum of two years immediately prior to the date of
|
0018| application, a current license to practice polygraphy in
|
0019| another jurisdiction whose standards equal or surpass those of
|
0020| New Mexico."
|
0021| Section 177. Section 61-27A-7 NMSA 1978 (being Laws 1993,
|
0022| Chapter 212, Section 7) is amended to read:
|
0023| "61-27A-7. LICENSE FEES.--Each applicant for licensure
|
0024| shall pay a fee set by the [department] board not to exceed
|
0025| the following:
|
0001| A. private investigator, initial license or renewal,
|
0002| two hundred dollars ($200);
|
0003| B. private investigator manager, initial license or
|
0004| renewal, one hundred dollars ($100);
|
0005| C. private investigator employee, initial
|
0006| registration or renewal, fifty dollars ($50.00);
|
0007| D. private patrol operator, initial license or
|
0008| renewal, two hundred dollars ($200);
|
0009| E. private patrol operator manager, initial license
|
0010| or renewal, one hundred dollars ($100);
|
0011| F. private patrol operator employee, initial
|
0012| registration or renewal, twenty-five dollars ($25.00);
|
0013| G. branch office, initial license or renewal fee,
|
0014| seventy-five dollars ($75.00);
|
0015| H. change in license status, one hundred dollars
|
0016| ($100);
|
0017| I. polygraph examiner, initial license or renewal,
|
0018| three hundred dollars ($300);
|
0019| J. polygraph applicant examination, fifty dollars
|
0020| ($50.00); and
|
0021| K. late fee for failure to renew a license within the
|
0022| allotted time period, fifty dollars ($50.00)."
|
0023| Section 178. Section 61-27A-8 NMSA 1978 (being Laws 1993,
|
0024| Chapter 212, Section 8) is amended to read:
|
0025| "61-27A-8. LICENSE RENEWAL.--On or before June 30 of each
|
0001| odd-numbered year, every person licensed or registered under
|
0002| the Private Investigators and Polygraphers Act shall remit to
|
0003| the [department] board, together with the prescribed fee
|
0004| for the class of license desired, an application for license or
|
0005| registration renewal on a form that is prescribed and furnished
|
0006| by the [department] board. Information required on the
|
0007| renewal form shall include the licensee's current address,
|
0008| state tax identification number and proof of compliance with
|
0009| continuing education requirements promulgated by the
|
0010| [department] board. Failure to renew a license by June 30
|
0011| of each renewal year shall cause the license to be suspended
|
0012| until a late fee, together with the unpaid renewal fee, is
|
0013| received by the [department] board. Any license that is
|
0014| not renewed within one year from the date the license expired
|
0015| shall be automatically revoked."
|
0016| Section 179. Section 61-27A-9 NMSA 1978 (being Laws 1993,
|
0017| Chapter 212, Section 9) is amended to read:
|
0018| "61-27A-9. DISPLAY OF LICENSE--NOTIFICATION OF CHANGES.--
|
0019| A. A license shall at all times be posted in a
|
0020| conspicuous place in the principal place of business of the
|
0021| licensee.
|
0022| B. A licensee shall notify the [department] board
|
0023| within thirty days after any change in his address, in the name
|
0024| under which he does business or in the officers or partners of
|
0025| the business."
|
0001| Section 180. Section 61-27A-10 NMSA 1978 (being Laws
|
0002| 1993, Chapter 212, Section 10) is amended to read:
|
0003| "61-27A-10. OPERATION OF BUSINESS--MANAGER REQUIRED.--
|
0004| A. Each business providing private investigator or
|
0005| private patrol operator services in New Mexico shall be
|
0006| operated under the direction, control, charge or management of
|
0007| a licensee; provided that the business shall be under the
|
0008| direction, control, charge or management of a manager if the
|
0009| owner of the business:
|
0010| (1) is a nonresident licensee; or
|
0011| (2) does not qualify for a license under the
|
0012| Private Investigators and Polygraphers Act.
|
0013| B. Any nonresident licensee who wishes to engage in a
|
0014| private investigator or private patrol operator business in New
|
0015| Mexico shall have a branch office located in New Mexico
|
0016| operated under the direction, control, charge or management of
|
0017| a manager licensed under the Private Investigators and
|
0018| Polygraphers Act.
|
0019| C. A licensee shall not conduct a business under a
|
0020| fictitious name until he has obtained the written authorization
|
0021| of the [department] board. The [department] board
|
0022| shall not authorize the use of a fictitious name that is so
|
0023| similar to the name of a public officer or agency or to the
|
0024| name used by another licensee that the public may be confused
|
0025| or misled by it.
|
0001| D. A licensee shall at all times be legally
|
0002| responsible for the good business conduct of each of his
|
0003| employees, including his manager.
|
0004| E. Each licensee shall maintain a record containing
|
0005| information relative to his employees as may be prescribed by
|
0006| the [department] board, and the records may be subject to
|
0007| inspection.
|
0008| F. Except as otherwise provided by the Private
|
0009| Investigators and Polygraphers Act, every employee of a
|
0010| licensee shall be registered by the licensee with the
|
0011| [department] board within seven days of employment;
|
0012| provided, however, [that] a licensee may hire temporary
|
0013| employees for periods of time not to exceed five days for
|
0014| special celebrations, parades or similar events without those
|
0015| employees being registered. The provisions of this subsection
|
0016| shall not be used to circumvent the registration of long-term
|
0017| employees.
|
0018| G. A person registered under the Private
|
0019| Investigators and Polygraphers Act shall notify the
|
0020| [department] board in writing within thirty days of each
|
0021| change in his employment. If a person ceases to be employed by
|
0022| a licensee, the person shall notify the [department] board
|
0023| in writing within thirty days and shall surrender his
|
0024| registration card to the [department] board.
|
0025| H. A manager duly licensed under the Private
|
0001| Investigators and Polygraphers Act need not register as an
|
0002| employee.
|
0003| I. Employees of a licensee who are engaged
|
0004| exclusively in stenographic, typing, filing, clerical or other
|
0005| activities that do not constitute the work of a private
|
0006| investigator or private patrol officer are not required to
|
0007| register.
|
0008| J. Each nonresident licensee shall file in writing
|
0009| with the [department] board the address of each branch
|
0010| office and, within ten days after the establishment, closing or
|
0011| changing of location of a branch office, shall notify the
|
0012| [department] board in writing.
|
0013| K. A person shall not act as a manager until he is
|
0014| licensed under the Private Investigators and Polygraphers Act.
|
0015| If a manager ceases to be connected with a licensee, the
|
0016| licensee shall notify the [department] board in writing
|
0017| within thirty days from [such] the cessation. If the
|
0018| licensee fails to notify the [department] board within the
|
0019| thirty-day period, his license shall be subject to suspension
|
0020| or revocation and may be reinstated only upon the filing of an
|
0021| application for reinstatement and payment of the reinstatement
|
0022| fee."
|
0023| Section 181. Section 61-27A-11 NMSA 1978 (being Laws
|
0024| 1993, Chapter 212, Section 11) is amended to read:
|
0025| "61-27A-11. BOND REQUIRED.--
|
0001| A. A license, except a manager's license and
|
0002| polygraph examiner's license, shall not be issued under the
|
0003| Private Investigators and Polygraphers Act unless the applicant
|
0004| files with the [department] board:
|
0005| (1) a surety bond executed by a surety company
|
0006| authorized to do business in this state; or
|
0007| (2) a certificate of deposit in the sum of two
|
0008| thousand dollars ($2,000), conditioned for the faithful and
|
0009| lawful conduct of business by the applicant.
|
0010| The form of bond, its execution and the sufficiency of the
|
0011| surety shall be verified by the [department] board.
|
0012| B. A licensee shall maintain the surety bond, and,
|
0013| upon failure to do so, the license of the licensee shall be
|
0014| suspended and shall not be reinstated until an application in
|
0015| the form prescribed by the [department] board is filed,
|
0016| together with a proper surety bond. The [department] board
|
0017| may deny the application, notwithstanding the applicant's
|
0018| compliance with this section:
|
0019| (1) for any reason that would justify a refusal
|
0020| to issue or a suspension or a revocation of a license; or
|
0021| (2) for the performance by the applicant of any
|
0022| practice while under suspension for failure to keep his bond in
|
0023| force for which a license under the Private Investigators and
|
0024| Polygraphers Act is required.
|
0025| C. Bonds executed and filed with the [department]
|
0001| board pursuant to the Private Investigators and Polygraphers
|
0002| Act shall remain in force until the surety company has
|
0003| terminated future liability by thirty-day notice to the
|
0004| [department] board."
|
0005| Section 182. Section 61-27A-13 NMSA 1978 (being Laws
|
0006| 1993, Chapter 212, Section 13) is amended to read:
|
0007| "61-27A-13. DENIAL, SUSPENSION OR REVOCATION OF LICENSE
|
0008| OR REGISTRATION.--In accordance with procedures contained in
|
0009| the Uniform Licensing Act, the [department] board may deny,
|
0010| suspend or revoke any license or registration held or applied
|
0011| for under the Private Investigators and Polygraphers Act upon
|
0012| grounds that the licensee, registrant or applicant:
|
0013| A. made a false statement or gave false information
|
0014| in connection with an application for a license or renewal or
|
0015| reinstatement of a license;
|
0016| B. violated any provision of the Private
|
0017| Investigators and Polygraphers Act;
|
0018| C. violated any rule of the [department] board
|
0019| adopted pursuant to [that] the Private Investigators and
|
0020| Polygraphers Act;
|
0021| D. has been convicted of a felony or any crime
|
0022| involving moral turpitude or illegally using, carrying or
|
0023| possessing a deadly weapon;
|
0024| E. impersonated or permitted or aided and abetted an
|
0025| employee to impersonate a law enforcement officer or employee
|
0001| of the United States or of any state or political subdivision
|
0002| of either;
|
0003| F. committed or permitted any employee to commit any
|
0004| act while the license was expired that would be cause for the
|
0005| suspension or revocation of a license or grounds for the denial
|
0006| of an application for a license;
|
0007| G. willfully failed or refused to render to a client
|
0008| services or a report as agreed between the parties, for which
|
0009| compensation has been paid or tendered in accordance with the
|
0010| agreement of the parties;
|
0011| H. committed assault, battery or kidnapping or used
|
0012| force or violence on any person without proper justification;
|
0013| I. knowingly violated or advised, encouraged or
|
0014| assisted the violation of any court order or injunction in the
|
0015| course of business of the licensee;
|
0016| J. knowingly issued a worthless or otherwise
|
0017| fraudulent payroll check that is not redeemed within two days
|
0018| of denial of payment of any bank;
|
0019| K. has been chronically or persistently inebriated or
|
0020| addicted to the illegal use of dangerous or narcotic drugs;
|
0021| L. has been adjudged mentally incompetent or insane
|
0022| by regularly constituted authorities; or
|
0023| M. while unlicensed, committed or aided and abetted
|
0024| the commission of any act for which a license is required under
|
0025| the Private Investigators and Polygraphers Act."
|
0001| Section 183. Section 61-27A-14 NMSA 1978 (being Laws
|
0002| 1993, Chapter 212, Section 14) is amended to read:
|
0003| "61-27A-14. HEARING.--Every person who is denied a
|
0004| license or employee registration or who has his license or
|
0005| employee registration suspended or revoked shall be entitled to
|
0006| a hearing before the [department] board if within twenty
|
0007| days after the denial, suspension or revocation a request for a
|
0008| hearing is served on the [department] board. The
|
0009| procedures outlined in the Uniform Licensing Act shall be
|
0010| followed pertaining to the hearing insofar as they do not
|
0011| conflict with the provisions of the Private Investigators and
|
0012| Polygraphers Act."
|
0013| Section 184. Section 61-27A-15 NMSA 1978 (being Laws
|
0014| 1993, Chapter 212, Section 15) is amended to read:
|
0015| "61-27A-15. APPEAL--REVIEW OF RECORD.--Any person
|
0016| aggrieved by the decision of the [department] board as a
|
0017| consequence of [the] a hearing may appeal the decision to
|
0018| the district court of the first judicial district. Upon
|
0019| appeal, the review by the court shall be limited to the record
|
0020| taken at the hearing and no new evidence may be considered by
|
0021| the court."
|
0022| Section 185. Section 61-27A-18 NMSA 1978 (being Laws
|
0023| 1993, Chapter 212, Section 18) is repealed and a new Section
|
0024| 61-27A-18 NMSA 1978 is enacted to read:
|
0025| "61-27A-18. [NEW MATERIAL] BOARD FUNDS.--
|
0001| A. All money received by the board from fees provided
|
0002| for in the Private Investigators and Polygraphers Act shall be
|
0003| deposited in an account in a federally insured financial
|
0004| institution qualified to do business in New Mexico. Money in
|
0005| the account shall be withdrawn on the order of the board or its
|
0006| designee and shall be used only to carry out the board's duties
|
0007| pursuant to that act.
|
0008| B. In accordance with the provisions of the Audit
|
0009| Act, the state auditor may examine the accounts and books of
|
0010| the board, including its receipts, disbursements, contracts,
|
0011| leases and other records relating to the performance of its
|
0012| duties pursuant to the Private Investigators and Polygraphers
|
0013| Act. In addition, the governor may call for any additional,
|
0014| special audits by the state auditor whenever deemed necessary
|
0015| for the protection and oversight of board funds.
|
0016| C. Money of the board is not public money or state
|
0017| funds within the meaning of any law of the state relating to
|
0018| investment, deposit, security or expenditure of public money."
|
0019| Section 186. A new section of the Private Investigators
|
0020| and Polygraphers Act is enacted to read:
|
0021| "[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED
|
0022| REPEAL.--The private investigators and polygraphers board is
|
0023| terminated on July 1, 1999 pursuant to the Sunset Act. The
|
0024| board shall continue to operate according to the provisions of
|
0025| the Private Investigators and Polygraphers Act until July 1,
|
0001| 2000. Effective July 1, 2000, the Private Investigators and
|
0002| Polygraphers Act is repealed."
|
0003| Section 187. Section 61-28A-1 NMSA 1978 (being Laws 1992,
|
0004| Chapter 10, Section 1) is amended to read:
|
0005| "61-28A-1. SHORT TITLE.--[Sections 1 through 26, 28 and
|
29 of this act] Chapter 61, Article 28A NMSA 1978 may be
|
0007| cited as the "Public Accountancy Act"."
|
0008| Section 188. Section 61-28A-3 NMSA 1978 (being Laws 1992,
|
0009| Chapter 10, Section 3) is amended to read:
|
0010| "61-28A-3. DEFINITIONS.--As used in the Public
|
0011| Accountancy Act:
|
0012| A. "board" means the New Mexico state board of public
|
0013| accountancy;
|
0014| B. "certified public accountant" means an individual
|
0015| who has successfully met the certification requirements for
|
0016| certified public accountant set forth in the Public Accountancy
|
0017| Act and who has been granted a certificate by the board;
|
0018| C. "continuing professional education" means courses
|
0019| in accounting, auditing, tax or other functions of public
|
0020| accountancy identified and approved by the board and provided
|
0021| to individuals seeking to maintain a valid permit to practice;
|
0022| D. "firm" means a sole proprietorship, a professional
|
0023| corporation or a partnership;
|
0024| E. "fund" means the [public accountancy fund]
|
0025| board fund;
|
0001| F. "person" means an individual or firm;
|
0002| G. "practice" means the performance of public
|
0003| accountancy or the offering to perform public accountancy for a
|
0004| client or potential client by a person holding himself out to
|
0005| the public as a permit holder or registered firm;
|
0006| H. "practitioner" means a registered firm or an
|
0007| individual engaged in the practice of public accountancy
|
0008| holding a valid certificate and permit;
|
0009| I. "public accountancy" means the performance of one
|
0010| or more kinds of services involving accounting or auditing
|
0011| skills, including the issuance of reports on financial
|
0012| statements, the performance of one or more kinds of management,
|
0013| financial advisory or consulting services, the preparation of
|
0014| tax returns or the furnishing of advice on tax matters;
|
0015| J. "quality review" means a study, appraisal or
|
0016| review of one or more aspects of the accounting and auditing
|
0017| work of a practitioner by a practitioner who is not affiliated
|
0018| with the person being reviewed;
|
0019| K. "reciprocal jurisdiction" means a state or foreign
|
0020| country identified by the board by rule as having standards for
|
0021| authorizing a person to practice public accountancy equivalent
|
0022| to those prescribed in New Mexico law and by board rule;
|
0023| L. "registered firm" means a firm that has been
|
0024| granted a registration by the board pursuant to the Public
|
0025| Accountancy Act;
|
0001| M. "registered public accountant" means an individual
|
0002| who, prior to December 31, 1990, successfully met the
|
0003| certification requirements for registered public accountant set
|
0004| forth in the Public Accountancy Act or in prior law and who has
|
0005| been granted a certificate by the board;
|
0006| N. "report" means an opinion or other writing that:
|
0007| (1) states or implies assurance as to the
|
0008| reliability of any financial statements;
|
0009| (2) includes or is accompanied by any statement
|
0010| or implication that the person issuing it has special knowledge
|
0011| or competency in accounting or auditing indicated by the use of
|
0012| names, titles or abbreviations likely to be understood to
|
0013| identify the author of the report as a practitioner; and
|
0014| (3) includes the following types of reports as
|
0015| they are defined by board rule:
|
0016| (a) a compilation report;
|
0017| (b) a review report; or
|
0018| (c) an audit report;
|
0019| O. "rule" means any written directive of general
|
0020| application duly adopted by the board; and
|
0021| P. "state" means any state or insular possession of
|
0022| the United States, including the District of Columbia, Puerto
|
0023| Rico, the United States Virgin Islands and Guam."
|
0024| Section 189. Section 61-28A-7 NMSA 1978 (being Laws 1992,
|
0025| Chapter 10, Section 7) is amended to read:
|
0001| "61-28A-7. BOARD--OFFICERS--MEETINGS--REIMBURSEMENT.--
|
0002| A. The board shall elect annually from among its
|
0003| members a chairman and a secretary-treasurer. Surety bond
|
0004| coverage shall be in accordance with the Surety Bond Act.
|
0005| B. The board shall meet at such times and places as
|
0006| may be fixed by the board. A majority of the board members
|
0007| then in office shall constitute a quorum at any meeting duly
|
0008| called. Meetings of the board shall be open to the public as
|
0009| required by the Open Meetings Act.
|
0010| C. Each member of the board shall [receive per diem
|
and mileage as provided in the Per Diem and Mileage Act and
|
shall receive no other compensation, perquisite or allowance]
|
0013| serve without compensation other than reasonable reimbursement
|
0014| for mileage and per diem as determined by the board and paid
|
0015| from board funds.
|
0016| D. The limit and extent of immunity provided to
|
0017| members of the board shall be defined by the Tort Claims Act."
|
0018| Section 190. Section 61-28A-8 NMSA 1978 (being Laws 1992,
|
0019| Chapter 10, Section 8, as amended) is amended to read:
|
0020| "61-28A-8. BOARD--POWERS AND DUTIES.--
|
0021| A. The board shall retain or arrange for the
|
0022| retention of all applications, all documents under oath that
|
0023| are filed with the board and all records of its proceedings,
|
0024| and it shall maintain a registry of the names and addresses of
|
0025| all certificate and permit holders and registered firms.
|
0001| B. The board may employ an executive director [as an
|
exempt employee] and such other personnel as it deems
|
0003| necessary for its administration and enforcement of the Public
|
0004| Accountancy Act and provide for health insurance or other
|
0005| benefits for them. Except as otherwise provided in the Public
|
0006| Accountancy Act, employees shall serve at the pleasure of the
|
0007| board and are exempt from the provisions of the Personnel Act.
|
0008| C. The board may retain its own counsel to advise and
|
0009| assist it [in addition to such] or may in its discretion
|
0010| request the advice and assistance [as is provided by] of
|
0011| the attorney general.
|
0012| D. The board may sue and be sued in its official name
|
0013| [as an agency of New Mexico]. To promote fair and complete
|
0014| investigations and hearings, the board may issue subpoenas to
|
0015| compel the attendance of witnesses and the production of
|
0016| documents, administer oaths, take testimony and receive
|
0017| evidence concerning all matters within its jurisdiction
|
0018| according to the provisions of the Uniform Licensing Act and
|
0019| pursuant to rules adopted by the board.
|
0020| E. The board shall adopt rules governing its
|
0021| administration and enforcement of the Public Accountancy Act.
|
0022| All rulemaking activities shall be carried out pursuant to the
|
0023| provisions of the Uniform Licensing Act.
|
0024| F. The board may conduct investigations and hearings
|
0025| upon its own motion or after receiving notice from any person
|
0001| of an alleged violation of the Public Accountancy Act. All
|
0002| hearings regarding alleged violations of that act shall be
|
0003| conducted pursuant to the provisions of the Uniform Licensing
|
0004| Act. Injunctions and appeals from board orders or decisions
|
0005| shall be pursued according to the provisions of the Uniform
|
0006| Licensing Act and the rules of civil procedure in the district
|
0007| courts.
|
0008| G. The board shall promulgate rules governing the
|
0009| professional and ethical conduct of practitioners.
|
0010| H. The board shall exercise such powers as are
|
0011| necessary to carry out the provisions of the Public Accountancy
|
0012| Act.
|
0013| I. The board shall establish by rule the standards
|
0014| and means by which a practitioner may use a title, designation
|
0015| or abbreviation that indicates he is a specialist or has
|
0016| special expertise in conjunction with the practice of public
|
0017| accountancy."
|
0018| Section 191. A new section of the Public Accountancy Act
|
0019| is enacted to read:
|
0020| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0021| A. The board is specifically exempted from the
|
0022| provisions of the Procurement Code, the Art in Public Places
|
0023| Act, the Information and Communication Management Act and
|
0024| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0025| through 15-3-34 NMSA 1978.
|
0001| B. The board is also specifically exempted from the
|
0002| provisions of the Deferred Compensation Act, the Group Benefits
|
0003| Act, the Public Employee Bargaining Act, the Per Diem and
|
0004| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0005| provided, however, that an employee of the regulation and
|
0006| licensing department who subsequently becomes employed by the
|
0007| board without a break in service may, by agreement of the
|
0008| board, continue to participate in and be covered by those acts
|
0009| until separation from employment with the board. Where
|
0010| required under those acts, the board shall make contributions
|
0011| for the participating employee.
|
0012| C. The board is also specifically exempted from the
|
0013| provisions of the Public Employees Retirement Act and the
|
0014| Retiree Health Care Act; provided, however, that an employee of
|
0015| the regulation and licensing department who subsequently
|
0016| becomes employed by the board without a break in service may,
|
0017| by agreement of the board, continue to participate in the
|
0018| public employee retirement system under the terms and
|
0019| conditions of the Public Employees Retirement Act and the
|
0020| retiree health care system under the terms and conditions of
|
0021| the Retiree Health Care Act until separation from employment
|
0022| with the board. The board shall make contributions as required
|
0023| by those acts for the participating employee.
|
0024| D. The board is also specifically exempted from the
|
0025| provisions of the Personnel Act; provided, however, that an
|
0001| employee in the classified service in the regulation and
|
0002| licensing department who subsequently becomes employed by the
|
0003| board without a break in service may, by agreement of the
|
0004| board, remain in the classified service and be covered by the
|
0005| Personnel Act until separation from employment with the board.
|
0006| For all other employees, the board may adopt its own employment
|
0007| policies."
|
0008| Section 192. A new section of the Public Accountancy Act
|
0009| is enacted to read:
|
0010| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0011| board, as an organization and its individual members and
|
0012| employees, is specifically subject to and covered by the
|
0013| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0014| Act, the Inspection of Public Records Act, the Public Records
|
0015| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0016| Financial Disclosure Act and any other state law applicable to
|
0017| the board unless otherwise specifically exempted in the Public
|
0018| Accountancy Act."
|
0019| Section 193. Section 61-28A-22 NMSA 1978 (being Laws
|
0020| 1992, Chapter 10, Section 22) is repealed and a new Section 61-
|
0021| 28A-22 NMSA 1978 is enacted to read:
|
0022| "61-28A-22. [NEW MATERIAL] BOARD FUNDS.--
|
0023| A. All money received by the board from fees provided
|
0024| for in the Public Accountancy Act shall be deposited in an
|
0025| account in a federally insured financial institution qualified
|
0001| to do business in New Mexico. Money in the account shall be
|
0002| withdrawn on the order of the board or its designee and shall
|
0003| only be used to carry out the board's duties pursuant to that
|
0004| act.
|
0005| B. In accordance with the provisions of the Audit
|
0006| Act, the state auditor may examine the accounts and books of
|
0007| the board, including its receipts, disbursements, contracts,
|
0008| leases and other records relating to the performance of its
|
0009| duties pursuant to the Public Accountancy Act. In addition,
|
0010| the governor may call for any additional, special audits by the
|
0011| state auditor whenever deemed necessary for the protection and
|
0012| oversight of board funds.
|
0013| C. Money of the board is not public money or state
|
0014| funds within the meaning of any law of the state relating to
|
0015| investment, deposit, security or expenditure of public money."
|
0016| Section 194. Section 61-29-7 NMSA 1978 (being Laws 1959,
|
0017| Chapter 226, Section 6, as amended) is amended to read:
|
0018| "61-29-7. REIMBURSEMENT AND EXPENSES.--Each member of the
|
0019| commission shall [receive per diem and mileage as provided in
|
the Per Diem and Mileage Act and shall receive no other
|
compensation, perquisite or allowance] serve without
|
0022| compensation other than reasonable reimbursement for mileage
|
0023| and per diem as determined by the commission and paid from
|
0024| commission funds. The commission may select and appoint an
|
0025| administrator, who shall serve as executive secretary to the
|
0001| commission on annual salary, to perform the duties prescribed
|
0002| by [this act] Chapter 61, Article 29 NMSA 1978 and such
|
0003| additional duties as the commission may determine. The
|
0004| commission may employ subordinate officers, stenographers,
|
0005| clerks [an attorney] and such other assistance as may be
|
0006| needed and fix their compensation to be paid from the [real
|
estate] commission [fund and to]. The commission may
|
0008| provide for health insurance or other benefits for its staff.
|
0009| Except as otherwise provided in Chapter 61, Article 29 NMSA
|
0010| 1978, employees serve at the pleasure of the commission and are
|
0011| exempt from the provisions of the Personnel Act. The
|
0012| commission may enter into contracts. The commission may
|
0013| purchase such supplies, equipment and records and [to] incur
|
0014| such other expenses as may be necessary to carry out the
|
0015| provisions of [this act] Chapter 61, Article 29 NMSA 1978."
|
0016| Section 195. A new section of Chapter 61, Article 29 NMSA
|
0017| 1978is enacted to read:
|
0018| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0019| commission, the attorney general shall provide such legal
|
0020| services to the commission necessary for the administration of
|
0021| Chapter 61, Article 29 NMSA 1978; provided, however, that the
|
0022| commission may, in its discretion, employ or contract for the
|
0023| services of other attorneys to assist it in the administration
|
0024| of that article."
|
0025| Section 196. A new section of Chapter 61, Article 29 NMSA
|
0001| 1978 is enacted to read:
|
0002| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0003| A. The commission is specifically exempted from the
|
0004| provisions of the Procurement Code, the Art in Public Places
|
0005| Act, the Information and Communication Management Act and
|
0006| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0007| through 15-3-34 NMSA 1978.
|
0008| B. The commission is also specifically exempted from
|
0009| the provisions of the Deferred Compensation Act, the Group
|
0010| Benefits Act, the Public Employee Bargaining Act, the Per Diem
|
0011| and Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0012| provided, however, that an employee of the regulation and
|
0013| licensing department who subsequently becomes employed by the
|
0014| commission without a break in service may, by agreement of the
|
0015| commission, continue to participate in and be covered by those
|
0016| acts until separation from employment with the commission.
|
0017| Where required under those acts, the commission shall make
|
0018| contributions for the participating employee.
|
0019| C. The commission is also specifically exempted from
|
0020| the provisions of the Public Employees Retirement Act and the
|
0021| Retiree Health Care Act; provided, however, that an employee of
|
0022| the regulation and licensing department who subsequently
|
0023| becomes employed by the commission without a break in service
|
0024| may, by agreement of the commission, continue to participate in
|
0025| the public employee retirement system under the terms and
|
0001| conditions of the Public Employees Retirement Act and the
|
0002| retiree health care system under the terms and conditions of
|
0003| the Retiree Health Care Act until separation from employment
|
0004| with the commission. The commission shall make contributions
|
0005| as required by those acts for the participating employee.
|
0006| D. The commission is also specifically exempted from
|
0007| the provisions of the Personnel Act; provided, however, that an
|
0008| employee in the classified service in the regulation and
|
0009| licensing department who subsequently becomes employed by the
|
0010| commission without a break in service may, by agreement of the
|
0011| commission, remain in the classified service and be covered by
|
0012| the Personnel Act until separation from employment with the
|
0013| commission. For all other employees, the commission may adopt
|
0014| its own employment policies."
|
0015| Section 197. A new section of Chapter 61, Article 29 NMSA
|
0016| 1978 is enacted to read:
|
0017| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0018| commission, as an organization and its individual members and
|
0019| employees, is specifically subject to and covered by the
|
0020| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0021| Act, the Inspection of Public Records Act, the Public Records
|
0022| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0023| Financial Disclosure Act and any other state law applicable to
|
0024| the commission unless otherwise specifically exempted in
|
0025| Chapter 61, Article 29 NMSA 1978."
|
0001| Section 198. Section 61-29-8 NMSA 1978 (being Laws 1959,
|
0002| Chapter 226, Section 7, as amended) is amended to read:
|
0003| "61-29-8. LICENSE FEES--DISPOSITION.--
|
0004| A. The following fees shall be charged by the
|
0005| commission [and paid into the real estate commission fund]:
|
0006| (1) for each examination, a fee of sixty dollars
|
0007| ($60.00);
|
0008| (2) for each broker's license issued, a fee of
|
0009| one hundred eighty dollars ($180) and for each renewal thereof,
|
0010| a fee of one hundred eighty dollars ($180);
|
0011| (3) for each salesperson's license issued, a fee
|
0012| of one hundred eighty dollars ($180) and for each renewal
|
0013| thereof, a fee of one hundred eighty dollars ($180);
|
0014| (4) subject to the provisions of Paragraph (11)
|
0015| of this subsection, for each change of place of business or
|
0016| change of employer or contractual associate, a fee of twenty
|
0017| dollars ($20.00);
|
0018| (5) for each duplicate license, where the
|
0019| license is lost or destroyed and affidavit is made thereof, a
|
0020| fee of twenty dollars ($20.00);
|
0021| (6) for each license history, a fee of twenty-
|
0022| five dollars ($25.00);
|
0023| (7) for copying of documents by the commission,
|
0024| a fee set by the commission, not to exceed one dollar ($1.00)
|
0025| per copy;
|
0001| (8) for each additional license law and rules
|
0002| and regulations booklet, a fee set by the commission not to
|
0003| exceed ten dollars ($10.00) per booklet;
|
0004| (9) for each additional directory of licensed
|
0005| real estate brokers and salespersons, a fee set by the
|
0006| commission not to exceed twenty dollars ($20.00);
|
0007| (10) for each supplement to the directory of
|
0008| licensed real estate brokers and salespersons, a fee set by the
|
0009| commission not to exceed twenty dollars ($20.00); and
|
0010| (11) when a license must be reissued for a
|
0011| salesperson because of change of address of the licensed
|
0012| broker's office, death of the licensed broker when a successor
|
0013| licensed broker is replacing the decedent and the salesperson
|
0014| remains in the office or change of name of the office or the
|
0015| entity of the licensed broker, the licensed broker or successor
|
0016| licensed broker as the case may be shall pay to the commission
|
0017| as the affected salesperson's license reissue fee twenty
|
0018| dollars ($20.00), but if there are eleven or more affected
|
0019| salespersons in the licensed broker's office, the total fee
|
0020| paid to effect reissuance of all of those licenses shall not
|
0021| exceed two hundred dollars ($200).
|
0022| B. All fees set by the commission shall be set by
|
0023| rule or regulation and only after all requirements have been
|
0024| met as prescribed by Chapter 61, Article 29 NMSA 1978. Any
|
0025| changes or amendments to the rules and regulations shall be
|
0001| filed in accordance with the provisions of the State Rules Act.
|
0002| [C. The commission shall deposit all money received
|
by it from fees in accordance with the provisions of Chapter
|
61, Article 29 NMSA 1978 with the state treasurer, who shall
|
keep that money in a separate fund to be known as the "real
|
estate commission fund", and money so deposited in that fund is
|
appropriated for the purpose of carrying out the provisions of
|
Chapter 61, Article 29 NMSA 1978 or to maintain the real estate
|
recovery fund as required by the Real Estate Recovery Fund Act
|
and shall be paid out of the fund upon the vouchers of the
|
president and secretary of the commission; provided that the
|
total fees and charges collected and paid into the state
|
treasury and any money so deposited shall be expended only for
|
the purposes authorized by Chapter 61, Article 29 NMSA 1978.
|
D.] C. The commission shall by regulation provide
|
0016| for a proportionate refund of the license issuance fee or the
|
0017| license renewal fee if the license is issued or renewed for a
|
0018| period of two or three years pursuant to Section 61-29-11 NMSA
|
0019| 1978 and is terminated with more than one year remaining.
|
0020| D. All money received by the commission from fees
|
0021| provided for in Chapter 61, Article 29 NMSA 1978 shall be
|
0022| deposited in an account in a federally insured financial
|
0023| institution qualified to do business in New Mexico. Money in
|
0024| the account shall be withdrawn on the order of the commission
|
0025| or its designee and shall only be used to carry out the
|
0001| commission's duties pursuant to that article.
|
0002| E. In accordance with the provisions of the Audit
|
0003| Act, the state auditor may examine the accounts and books of
|
0004| the commission, including its receipts, disbursements,
|
0005| contracts, leases and other records relating to the performance
|
0006| of its duties pursuant to Chapter 61, Article 29 NMSA 1978. In
|
0007| addition, the governor may call for any additional, special
|
0008| audits by the state auditor whenever deemed necessary for the
|
0009| protection and oversight of commission funds.
|
0010| F. Money of the commission is not public money or
|
0011| state funds within the meaning of any law of the state relating
|
0012| to investment, deposit, security or expenditure of public
|
0013| money."
|
0014| Section 199. Section 61-29-20 NMSA 1978 (being Laws 1980,
|
0015| Chapter 82, Section 1) is amended to read:
|
0016| "61-29-20. SHORT TITLE.--Sections [1 through 10 of this
|
act] 61-29-20 through 61-29-29 NMSA 1978 may be cited as the
|
0018| "Real Estate Recovery Fund Act"."
|
0019| Section 200. Section 61-29-21 NMSA 1978 (being Laws 1980,
|
0020| Chapter 82, Section 2) is amended to read:
|
0021| "61-29-21. FUND CREATED.--[There is created in the state
|
treasury a fund which shall be] The commission shall create
|
0023| and maintain an account known as the "real estate recovery
|
0024| fund" to be administered by the [real estate] commission in
|
0025| accordance with the provisions of the Real Estate Recovery Fund
|
0001| Act. All money received by the [real estate] commission
|
0002| pursuant to the Real Estate Recovery Fund Act shall be
|
0003| [credited to the real estate recovery fund] deposited by the
|
0004| commission in an account in a federally insured financial
|
0005| institution qualified to do business in New Mexico. Money in
|
0006| the account shall be separate from other commission funds.
|
0007| The [state treasurer] commission may invest money in the
|
0008| real estate recovery fund in United States bonds or treasury
|
0009| certificates under such rules and regulations as may be
|
0010| prescribed by the [state board of finance] commission;
|
0011| provided that no investments shall be made [which] that
|
0012| will impair the necessary liquidity required to satisfy
|
0013| judgment payments awarded pursuant to the Real Estate Recovery
|
0014| Fund Act. All interest earned from such investments shall be
|
0015| credited to the fund to pay any future judgments only. In
|
0016| accordance with the provisions of the Audit Act, the state
|
0017| auditor may examine the accounts and books of the commission,
|
0018| including its receipts, disbursements, contracts, leases and
|
0019| other records relating to the performance of its duties
|
0020| pursuant to the Real Estate Recovery Fund Act. In addition,
|
0021| the governor may call for any additional, special audits by the
|
0022| state auditor whenever deemed necessary for the protection and
|
0023| oversight of the fund. Money in the fund is not public money
|
0024| or state funds within the meaning of any law of the state
|
0025| relating to investment, deposit, security or expenditure of
|
0001| public money."
|
0002| Section 201. Section 61-29-22 NMSA 1978 (being Laws 1980,
|
0003| Chapter 82, Section 3, as amended) is amended to read:
|
0004| "61-29-22. ADDITIONAL FEES.--
|
0005| A. [On and after the effective date of the Real
|
Estate Recovery Fund Act] The commission shall collect an
|
0007| annual fee not in excess of ten dollars ($10.00) from each real
|
0008| estate licensee prior to the issuance of the next license.
|
0009| B. [On and after the effective date of the Real
|
Estate Recovery Fund Act] The commission shall collect from
|
0011| each successful applicant for an original real estate license,
|
0012| in addition to his original license fee, a fee not in excess of
|
0013| ten dollars ($10.00).
|
0014| C. The additional fees provided by this section shall
|
0015| be [credited to] deposited in the real estate recovery
|
0016| fund. The amount of the real estate recovery fund shall be
|
0017| maintained at two hundred fifty thousand dollars ($250,000).
|
0018| If the real estate recovery fund falls below this amount, the
|
0019| commission shall have authority to adjust the annual amount of
|
0020| additional fees to be charged licensees or to draw on the real
|
0021| estate commission [fund] account established pursuant to
|
0022| Section 61-29-8 NMSA 1978 in order to maintain the fund level
|
0023| as required in this section."
|
0024| Section 202. Section 61-30-7 NMSA 1978 (being Laws 1990,
|
0025| Chapter 75, Section 7, as amended) is amended to read:
|
0001| "61-30-7. BOARD--POWERS--DUTIES.--The board [shall]:
|
0002| A. may adopt such regulations as are necessary to
|
0003| implement the provisions of the Real Estate Appraisers Act;
|
0004| B. shall establish educational programs and
|
0005| research projects related to the appraisal of real estate;
|
0006| C. shall establish the administrative procedures
|
0007| for processing applications and issuing registrations, licenses
|
0008| and certificates to persons who qualify to be registered,
|
0009| licensed and certified real estate appraisers and for
|
0010| conducting disciplinary proceedings pursuant to the provisions
|
0011| of the Real Estate Appraisers Act;
|
0012| D. shall receive, review and approve applications
|
0013| for state registered real estate appraisers, state licensed
|
0014| real estate appraisers and each category of state certified
|
0015| real estate appraisers and, for state licensed or certified
|
0016| real estate appraisers, prepare or supervise the preparation of
|
0017| examination questions and answers and supervise grading of
|
0018| examinations and enter into contracts with one or more
|
0019| educational testing services or organizations for such
|
0020| examinations;
|
0021| E. shall define the extent and type of educational
|
0022| experience, appraisal experience and equivalent experience that
|
0023| will meet the requirements for registration, licensing and
|
0024| certification under the Real Estate Appraisers Act after
|
0025| considering generally recognized appraisal practices;
|
0001| F. shall provide for continuing education programs
|
0002| for the renewal of registrations, licenses and certification
|
0003| that will meet the requirements provided in the Real Estate
|
0004| Appraisers Act;
|
0005| G. shall adopt standards to define the education
|
0006| programs that will meet the requirements of the Real Estate
|
0007| Appraisers Act and will encourage conducting programs at
|
0008| various locations throughout the state;
|
0009| H. shall adopt standards for the development and
|
0010| communication of real estate appraisals provided in the Real
|
0011| Estate Appraisers Act and adopt regulations explaining and
|
0012| interpreting the standards after considering generally
|
0013| recognized appraisal practices;
|
0014| I. shall adopt a code of professional
|
0015| responsibility for state registered, licensed and certified
|
0016| real estate appraisers;
|
0017| J. shall comply with annual reporting requirements
|
0018| and other requirements set forth in the federal real estate
|
0019| appraisal reform amendments;
|
0020| K. shall maintain a registry of the names and
|
0021| addresses of the individuals who hold current registrations,
|
0022| licenses and certificates issued under the Real Estate
|
0023| Appraisers Act;
|
0024| L. shall establish procedures for disciplinary
|
0025| action against any applicant or holder of a registration,
|
0001| license or certificate for violations of the Real Estate
|
0002| Appraisers Act and any rules and regulations promulgated
|
0003| [under] pursuant to provisions of that act; [and]
|
0004| M. may perform such other functions and duties as
|
0005| may be necessary to carry out the provisions of the Real Estate
|
0006| Appraisers Act;
|
0007| N. may employ staff it deems necessary to assist it
|
0008| in carrying out its duties pursuant to the Real Estate
|
0009| Appraisers Act and may provide for health insurance or other
|
0010| benefits for them. Except as otherwise provided in that act,
|
0011| employees serve at the pleasure of the board and are exempt
|
0012| from the provisions of the Personnel Act; and
|
0013| O. may enter into contracts."
|
0014| Section 203. Section 61-30-9 NMSA 1978 (being Laws 1990,
|
0015| Chapter 75, Section 9, as amended) is amended to read:
|
0016| "61-30-9. REIMBURSEMENT AND EXPENSES.--The board may
|
0017| appoint such committees of the board and employ such persons to
|
0018| assist the board as may be necessary. Each member of the board
|
0019| or any committee shall [receive per diem and mileage as
|
provided in the Per Diem and Mileage Act and shall receive no
|
other perquisite, compensation or allowance] serve without
|
0022| compensation other than reasonable reimbursement for mileage
|
0023| and per diem as determined by the board and paid from board
|
0024| funds. Compensation for employees and any necessary supplies
|
0025| and equipment shall be paid from [the appraiser fund] board
|
0001| funds."
|
0002| Section 204. A new section of the Real Estate Appraisers
|
0003| Act is enacted to read:
|
0004| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0005| board, the attorney general shall provide such legal services
|
0006| to the board necessary for the administration of the Real
|
0007| Estate Appraisers Act; provided, however, that the board may,
|
0008| in its discretion, employ or contract for the services of other
|
0009| attorneys to assist it in the administration of that act."
|
0010| Section 205. A new section of the Real Estate Appraisers
|
0011| Act is enacted to read:
|
0012| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0013| A. The board is specifically exempted from the
|
0014| provisions of the Procurement Code, the Art in Public Places
|
0015| Act, the Information and Communication Management Act and
|
0016| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0017| through 15-3-34 NMSA 1978.
|
0018| B. The board is also specifically exempted from the
|
0019| provisions of the Deferred Compensation Act, the Group Benefits
|
0020| Act, the Public Employee Bargaining Act, the Per Diem and
|
0021| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0022| provided, however, that an employee of the regulation and
|
0023| licensing department who subsequently becomes employed by the
|
0024| board without a break in service may, by agreement of the
|
0025| board, continue to participate in and be covered by those acts
|
0001| until separation from employment with the board. Where
|
0002| required under those acts, the board shall make contributions
|
0003| for the participating employee.
|
0004| C. The board is also specifically exempted from the
|
0005| provisions of the Public Employees Retirement Act and the
|
0006| Retiree Health Care Act; provided, however, that an employee of
|
0007| the regulation and licensing department who subsequently
|
0008| becomes employed by the board without a break in service may,
|
0009| by agreement of the board, continue to participate in the
|
0010| public employee retirement system under the terms and
|
0011| conditions of the Public Employees Retirement Act and the
|
0012| retiree health care system under the terms and conditions of
|
0013| the Retiree Health Care Act until separation from employment
|
0014| with the board. The board shall make contributions as required
|
0015| by those acts for the participating employee.
|
0016| D. The board is also specifically exempted from the
|
0017| provisions of the Personnel Act; provided, however, that an
|
0018| employee in the classified service in the regulation and
|
0019| licensing department who subsequently becomes employed by the
|
0020| board without a break in service may, by agreement of the
|
0021| board, remain in the classified service and be covered by the
|
0022| Personnel Act until separation from employment with the board.
|
0023| For all other employees, the board may adopt its own employment
|
0024| policies."
|
0025| Section 206. A new section of the Real Estate Appraisers
|
0001| Act is enacted to read:
|
0002| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0003| board, as an organization and its individual members and
|
0004| employees, is specifically subject to and covered by the
|
0005| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0006| Act, the Inspection of Public Records Act, the Public Records
|
0007| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0008| Financial Disclosure Act and any other state law applicable to
|
0009| the board unless otherwise specifically exempted in the Real
|
0010| Estate Appraisers Act."
|
0011| Section 207. Section 61-30-18 NMSA 1978 (being Laws 1990,
|
0012| Chapter 75, Section 18, as amended) is repealed and a new
|
0013| Section 61-30-18 NMSA 1978 is enacted to read:
|
0014| "61-30-18. [NEW MATERIAL] BOARD FUNDS.--
|
0015| A. All money received by the board from fees provided
|
0016| for in the Real Estate Appraisers Act shall be deposited in an
|
0017| account in a federally insured financial institution qualified
|
0018| to do business in New Mexico. Money in the account shall be
|
0019| withdrawn on the order of the board or its designee and shall
|
0020| be used only to carry out the board's duties pursuant to that
|
0021| act.
|
0022| B. In accordance with the provisions of the Audit
|
0023| Act, the state auditor may examine the accounts and books of
|
0024| the board, including its receipts, disbursements, contracts,
|
0025| leases and other records relating to the performance of its
|
0001| duties pursuant to the Real Estate Appraisers Act. In
|
0002| addition, the governor may call for any additional, special
|
0003| audits by the state auditor whenever deemed necessary for the
|
0004| protection and oversight of board funds.
|
0005| C. Money of the board is not public money or state
|
0006| funds within the meaning of any law of the state relating to
|
0007| investment, deposit, security or expenditure of public money."
|
0008| Section 208. Section 61-31-1 NMSA 1978 (being Laws 1989,
|
0009| Chapter 51, Section 1) is amended to read:
|
0010| "61-31-1. SHORT TITLE.--[Sections 1 through 24 of this
|
act] Chapter 61, Article 31 NMSA 1978 may be cited as the
|
0012| "Social Work Practice Act"."
|
0013| Section 209. Section 61-31-3 NMSA 1978 (being Laws 1989,
|
0014| Chapter 51, Section 3) is amended to read:
|
0015| "61-31-3. DEFINITIONS.--As used in the Social Work
|
0016| Practice Act:
|
0017| A. "advisory committee" means an evaluation advisory
|
0018| committee;
|
0019| B. "appropriate supervision" means supervision by an
|
0020| independent social worker or a master social worker with two
|
0021| years of supervised social work practice experience or other
|
0022| supervision which is deemed by the board to be equivalent to
|
0023| supervision by a master social worker;
|
0024| C. "baccalaureate social worker" means a person who
|
0025| uses the title of social worker and has a bachelor's degree in
|
0001| social work from a program accredited by the council on social
|
0002| work education;
|
0003| D. "board" means the board of social work examiners;
|
0004| [E. "department" means the regulation and licensing
|
department;
|
F.] E. "executive agency" means any agency within
|
0007| the executive branch of government;
|
0008| [G.] F. "independent social worker" means a
|
0009| person who uses the title of social worker and has a master's
|
0010| degree in social work from a graduate school of social work
|
0011| accredited by the council on social work education and who has
|
0012| had two years of postgraduate social work practice under
|
0013| appropriate supervision;
|
0014| [H.] G. "master social worker" means a person who
|
0015| uses the title of social worker and has a master's degree in
|
0016| social work from a graduate school of social work accredited by
|
0017| the council on social work education; and
|
0018| [I.] H. "professional code of ethics" means a
|
0019| code of ethics and rules adopted by the board, designed to
|
0020| protect the public and to regulate the professional conduct of
|
0021| social workers."
|
0022| Section 210. Section 61-31-7 NMSA 1978 (being Laws 1989,
|
0023| Chapter 51, Section 7, as amended) is amended to read:
|
0024| "61-31-7. BOARD CREATED.--
|
0025| A. There is created the "board of social work
|
0001| examiners".
|
0002| [B. The board shall be administratively attached to
|
the department.
|
C.] B. The board shall consist of seven members
|
0005| who are representative of the geographic and ethnic groups
|
0006| within New Mexico, who are United States citizens and who have
|
0007| been New Mexico residents for at least five years prior to
|
0008| their appointment. Of the seven members:
|
0009| (1) four members shall have been engaged in
|
0010| social work practice for at least five years; at least two of
|
0011| the four shall hold a master's degree in social work; and at
|
0012| least two shall hold a bachelor's degree in social work from
|
0013| schools of social work that are accredited by the council on
|
0014| social work education. At least one of these members shall be
|
0015| engaged primarily in clinical social work practice; one member
|
0016| shall be engaged primarily in education; one member shall be
|
0017| engaged primarily in administration or research in social work
|
0018| practice; and at least one member shall be engaged primarily in
|
0019| community organization, planning and development. These
|
0020| members shall not hold office in any professional organization
|
0021| of social workers during their tenure on the board; and
|
0022| (2) three members shall represent the public.
|
0023| The public members shall not have been licensed or have
|
0024| practiced as social workers. Public members shall not have any
|
0025| significant financial interest, whether direct or indirect, in
|
0001| social work practice.
|
0002| [D.] C. Members of the board shall be appointed
|
0003| by the governor for staggered terms of three years except that,
|
0004| in making the initial appointments, three members shall be
|
0005| appointed for terms ending June 30, 1990; three members for
|
0006| terms ending June 30, 1991; and four members for terms ending
|
0007| June 30, 1992. Each member shall hold office until his
|
0008| successor is appointed and qualified. Vacancies shall be
|
0009| filled for the unexpired term in the same manner as original
|
0010| appointments.
|
0011| [E.] D. Except for the representatives of the
|
0012| public on the board, the governor shall appoint board members
|
0013| from a list of nominees submitted by social work organizations
|
0014| and individual social work professionals.
|
0015| [F.] E. Members of the board shall [be
|
reimbursed as provided in the Per Diem and Mileage Act and
|
shall receive no other compensation, perquisite or allowance]
|
0018| serve without compensation other than reasonable reimbursement
|
0019| for mileage and per diem as determined by the board and paid
|
0020| from board funds.
|
0021| [G.] F. The board shall elect a chairman and
|
0022| other officers as deemed necessary to administer its duties.
|
0023| [H.] G. A simple majority of the board members
|
0024| [currently serving] shall constitute a quorum of the board.
|
0025| [I.] H. The board shall meet at least once a year
|
0001| and at such other times as it deems necessary. Other meetings
|
0002| may be called by the chairman upon the written request of a
|
0003| quorum of the board.
|
0004| [J.] I. The governor may remove any member from
|
0005| the board for the neglect of any duty required by law, for
|
0006| incompetence, for improper or unprofessional conduct as defined
|
0007| by board regulation or for any reason that would justify the
|
0008| suspension or revocation of his license to practice social
|
0009| work.
|
0010| [K.] J. No board member shall serve more than two
|
0011| consecutive terms, and any member failing to attend, after
|
0012| proper notice, three executive meetings shall automatically be
|
0013| removed as a board member, unless excused for reasons set forth
|
0014| in board regulations.
|
0015| [L.] K. In the event of a vacancy for any reason,
|
0016| the board secretary shall immediately notify the governor and
|
0017| the board of the vacancy and the reason for its occurrence to
|
0018| expedite the appointment of a new board member within a
|
0019| six-month period."
|
0020| Section 211. Section 61-31-8 NMSA 1978 (being Laws 1989,
|
0021| Chapter 51, Section 8) is amended to read:
|
0022| "61-31-8. BOARD'S AUTHORITY.--In addition to any other
|
0023| authority provided by law, the board shall have the authority
|
0024| to:
|
0025| A. adopt and file, in accordance with the State Rules
|
0001| Act, rules and regulations necessary to carry out the
|
0002| provisions of the Social Work Practice Act, in accordance with
|
0003| the provisions of the Uniform Licensing Act, including the
|
0004| procedures for an appeal of an examination failure;
|
0005| B. select, prepare and administer, at least annually,
|
0006| written examinations for licensure, which shall include a
|
0007| testing of the knowledge of New Mexico cultures;
|
0008| C. adopt a professional code of ethics;
|
0009| D. appoint advisory committees pursuant to Section
|
0010| [19 of the Social Work Practice Act] 61-31-19 NMSA 1978;
|
0011| E. conduct hearings on an appeal of a denial of a
|
0012| license based on the applicant's failure to meet the minimum
|
0013| qualifications for licensure. The hearing shall be conducted
|
0014| pursuant to the Uniform Licensing Act;
|
0015| F. require and establish criteria for continuing
|
0016| education;
|
0017| G. issue subpoenas, statements of charges, statements
|
0018| of intent to deny licenses and orders and delegate in writing
|
0019| to a designee the authority to issue subpoenas, statements of
|
0020| charges and statements of intent to deny licenses and establish
|
0021| procedures for receiving, investigating and conducting hearings
|
0022| on complaints;
|
0023| H. approve appropriate supervision for those persons
|
0024| seeking licensure as [an] independent social [worker]
|
0025| workers;
|
0001| I. issue provisional licenses and licenses based on
|
0002| credentials to persons meeting the requirements set forth in
|
0003| the Social Work Practice Act;
|
0004| J. determine qualifications for licensure;
|
0005| K. set fees for licenses as authorized by the Social
|
0006| Work Practice Act and authorize all disbursements necessary to
|
0007| carry out the provisions of the Social Work Practice Act;
|
0008| [L. approve the selection of primary staff assigned
|
to the board;]
|
0010| L. employ staff it deems necessary to assist it in
|
0011| carrying out its duties pursuant to the Social Work Practice
|
0012| Act and may provide for health insurance or other benefits for
|
0013| them. Except as otherwise provided in that act, employees
|
0014| serve at the pleasure of the board and are exempt from the
|
0015| provisions of the Personnel Act;
|
0016| M. [contract with the department for the provisions
|
of space and administrative support] enter into contracts;
|
0018| and
|
0019| N. keep a record of all proceedings and [shall]
|
0020| make an annual report to the governor."
|
0021| Section 212. A new section of the Social Work Practice
|
0022| Act is enacted to read:
|
0023| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0024| board, the attorney general shall provide such legal services
|
0025| to the board necessary for the administration of the Social
|
0001| Work Practice Act; provided, however, that the board may, in
|
0002| its discretion, employ or contract for the services of other
|
0003| attorneys to assist it in the administration of that act."
|
0004| Section 213. A new section of the Social Work Practice
|
0005| Act is enacted to read:
|
0006| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0007| A. The board is specifically exempted from the
|
0008| provisions of the Procurement Code, the Art in Public Places
|
0009| Act, the Information and Communication Management Act and
|
0010| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0011| through 15-3-34 NMSA 1978.
|
0012| B. The board is also specifically exempted from the
|
0013| provisions of the Deferred Compensation Act, the Group Benefits
|
0014| Act, the Public Employee Bargaining Act, the Per Diem and
|
0015| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0016| provided, however, that an employee of the regulation and
|
0017| licensing department who subsequently becomes employed by the
|
0018| board without a break in service may, by agreement of the
|
0019| board, continue to participate in and be covered by those acts
|
0020| until separation from employment with the board. Where
|
0021| required under those acts, the board shall make contributions
|
0022| for the participating employee.
|
0023| C. The board is also specifically exempted from the
|
0024| provisions of the Public Employees Retirement Act and the
|
0025| Retiree Health Care Act; provided, however, that an employee of
|
0001| the regulation and licensing department who subsequently
|
0002| becomes employed by the board without a break in service may,
|
0003| by agreement of the board, continue to participate in the
|
0004| public employee retirement system under the terms and
|
0005| conditions of the Public Employees Retirement Act and the
|
0006| retiree health care system under the terms and conditions of
|
0007| the Retiree Health Care Act until separation from employment
|
0008| with the board. The board shall make contributions as required
|
0009| by those acts for the participating employee.
|
0010| D. The board is also specifically exempted from the
|
0011| provisions of the Personnel Act; provided, however, that an
|
0012| employee in the classified service in the regulation and
|
0013| licensing department who subsequently becomes employed by the
|
0014| board without a break in service may, by agreement of the
|
0015| board, remain in the classified service and be covered by the
|
0016| Personnel Act until separation from employment with the board.
|
0017| For all other employees, the board may adopt its own employment
|
0018| policies."
|
0019| Section 214. A new section of the Social Work Practice
|
0020| Act is enacted to read:
|
0021| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0022| board, as an organization and its individual members and
|
0023| employees, is specifically subject to and covered by the
|
0024| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0025| Act, the Inspection of Public Records Act, the Public Records
|
0001| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0002| Financial Disclosure Act and any other state law applicable to
|
0003| the board unless otherwise specifically exempted in the Social
|
0004| Work Practice Act."
|
0005| Section 215. Section 61-31-16 NMSA 1978 (being Laws 1989,
|
0006| Chapter 51, Section 16) is repealed and a new Section 61-31-16
|
0007| NMSA 1978 is enacted to read:
|
0008| "61-31-16. [NEW MATERIAL] BOARD FUNDS.--
|
0009| A. All money received by the board from fees provided
|
0010| for in the Social Work Practice Act shall be deposited in an
|
0011| account in a federally insured financial institution qualified
|
0012| to do business in New Mexico. Money in the account shall be
|
0013| withdrawn on the order of the board or its designee and shall
|
0014| only be used to carry out the board's duties pursuant to that
|
0015| act.
|
0016| B. In accordance with the provisions of the Audit
|
0017| Act, the state auditor may examine the accounts and books of
|
0018| the board, including its receipts, disbursements, contracts,
|
0019| leases and other records relating to the performance of its
|
0020| duties pursuant to the Social Work Practice Act. In addition,
|
0021| the governor may call for any additional, special audits by the
|
0022| state auditor whenever deemed necessary for the protection and
|
0023| oversight of board funds.
|
0024| C. Money of the board is not public money or state
|
0025| funds within the meaning of any law of the state relating to
|
0001| investment, deposit, security or expenditure of public money."
|
0002| Section 216. Section 61-31-25 NMSA 1978 (being Laws 1989,
|
0003| Chapter 51, Section 27, as amended) is amended to read:
|
0004| "61-31-25. TERMINATION OF AGENCY LIFE--DELAYED
|
0005| REPEAL.--The board of social work examiners is terminated on
|
0006| July 1, [1997] 2001 pursuant to the Sunset Act. The board
|
0007| shall continue to operate according to the provisions of the
|
0008| Social Work Practice Act until July 1, [1998] 2002.
|
0009| Effective July 1, [1998] 2002, the Social Work Practice Act
|
0010| is repealed."
|
0011| Section 217. Section 61-32-1 NMSA 1978 (being Laws 1993,
|
0012| Chapter 204, Section 1) is amended to read:
|
0013| "61-32-1. SHORT TITLE.--[This act] Chapter 61, Article
|
0014| 32 NMSA 1978 may be cited as the "Thanatopractice Act"."
|
0015| Section 218. Section 61-32-3 NMSA 1978 (being Laws 1993,
|
0016| Chapter 204, Section 3, as amended) is amended to read:
|
0017| "61-32-3. DEFINITIONS.--As used in the Thanatopractice
|
0018| Act:
|
0019| A. "assistant funeral service practitioner" means a
|
0020| person licensed to engage in practice as an assistant funeral
|
0021| service practitioner as provided in the Thanatopractice Act;
|
0022| B. "associate funeral service practitioner" means a
|
0023| person licensed to engage in practice as an associate funeral
|
0024| service practitioner as provided in the Thanatopractice Act;
|
0025| C. "board" means the board of thanatopractice;
|
0001| D. "cremains" means cremated remains;
|
0002| E. "cremation" means the reduction of a dead human
|
0003| body by direct flame to a residue, which may include bone
|
0004| fragments;
|
0005| F. "crematory" means every place or premises that is
|
0006| devoted to or used for cremation and pulverization of the
|
0007| cremains;
|
0008| G. "crematory authority" means the individual who is
|
0009| ultimately responsible for the operation of a crematory;
|
0010| [H. "department" means the regulation and licensing
|
department;
|
I.] H. "direct disposer" means a person licensed
|
0013| to engage solely in providing direct disposition as provided in
|
0014| the Thanatopractice Act;
|
0015| [J.] I. "direct disposition" means only the
|
0016| disposition of a dead human body as quickly as possible,
|
0017| without a funeral, graveside service, committal service or
|
0018| memorial service, whether public or private, and without
|
0019| embalming of the body unless embalming is required by the place
|
0020| of disposition;
|
0021| [K.] J. "direct supervision" means the supervisor
|
0022| is physically present with and in control of the person being
|
0023| supervised;
|
0024| [L.] K. "disposition" means the final disposal of
|
0025| a dead human body, whether it be by earth interment,
|
0001| above-ground interment or entombment, cremation, burial at sea
|
0002| or delivery to a medical school, when the medical school
|
0003| assumes complete responsibility for the disposal of the body
|
0004| following medical study, or release of custody of the body to
|
0005| the family or personal representative or other legal
|
0006| representative;
|
0007| [M.] L. "embalming" means the disinfection,
|
0008| preservation and restoration, when possible, of a dead human
|
0009| body by a [licensed] funeral service practitioner, [a
|
licensed] an associate funeral service practitioner, a
|
0011| [licensed] assistant funeral service practitioner or a
|
0012| [licensed] funeral service intern under the supervision of a
|
0013| [licensed] funeral service practitioner;
|
0014| [N.] M. "establishment" means every office,
|
0015| premises or place of business where the practice of funeral
|
0016| service or direct disposition is conducted or advertised as
|
0017| being conducted and includes commercial establishments that
|
0018| provide for the practice of funeral service or direct
|
0019| disposition services exclusively to licensed funeral or direct
|
0020| disposition establishments or a school of medicine;
|
0021| [O.] N. "funeral" means a period following death
|
0022| in which there is an organized, purposeful, time-limited,
|
0023| group-centered ceremony or rite, whether religious or not, with
|
0024| the body of the deceased present;
|
0025| [P.] O. "funeral merchandise" means that personal
|
0001| property offered for sale in connection with the
|
0002| transportation, funeralization or disposition of a dead human
|
0003| body, including the enclosure into which a dead human body is
|
0004| directly placed, and excluding mausoleum crypts and interment
|
0005| enclosures preset in a cemetery and columbarium niches;
|
0006| [Q.] P. "funeral service intern" means a person
|
0007| licensed pursuant to the Thanatopractice Act who is in training
|
0008| for the practice of funeral service under the supervision and
|
0009| instruction of a funeral service practitioner;
|
0010| [R.] Q. "funeral service practitioner" means a
|
0011| person licensed by the board to engage in the practice of
|
0012| funeral service who may provide shelter, care and custody of
|
0013| human dead; prepare human dead by embalming or other methods
|
0014| for disposition; transport human dead, bereaved relatives and
|
0015| friends; make arrangements, financial or otherwise, to provide
|
0016| for a funeral or the sale of funeral merchandise; and perform
|
0017| other funeral directing or embalming practices;
|
0018| [S.] R. "general supervision" means the
|
0019| supervisor is not necessarily physically present with the
|
0020| person being supervised, but is available for advice and
|
0021| assistance;
|
0022| [T.] S. "graveside service" means a funeral held
|
0023| at the graveside only, excluding a committal service that
|
0024| follows a funeral conducted at another location;
|
0025| [U.] T. "jurisprudence examination" means an
|
0001| examination prescribed and graded by the board on the statutes,
|
0002| rules and regulations pertaining to the practice of funeral
|
0003| service or direct disposition, including the Thanatopractice
|
0004| Act, the rules of the board, state health regulations governing
|
0005| human remains and the Vital Statistics Act;
|
0006| [V.] U. "licensee in charge" means a funeral
|
0007| service practitioner who is ultimately responsible for the
|
0008| conduct of a funeral or commercial establishment and its
|
0009| employees or a direct disposer who is ultimately responsible
|
0010| for the conduct of a direct disposition establishment and its
|
0011| employees;
|
0012| [W.] V. "make arrangements" means advising or
|
0013| counseling about specific details for a funeral, graveside
|
0014| service, committal service, memorial service, disposition or
|
0015| direct disposition;
|
0016| [X.] W. "memorial service" means a gathering of
|
0017| persons for recognition of a death without the presence of the
|
0018| body of the deceased;
|
0019| [Y.] X. "practice of funeral service" means those
|
0020| activities allowed under the Thanatopractice Act by a funeral
|
0021| service practitioner, associate funeral service practitioner,
|
0022| assistant funeral service practitioner or a funeral service
|
0023| intern;
|
0024| [Z.] Y. "pulverization" means the process that
|
0025| reduces cremains to a granular substance; and
|
0001| [AA.] Z. "thanatopractice" means those immediate
|
0002| post-dead activities related to the dead human body, its care
|
0003| and disposition, whether with or without rites or ceremonies,
|
0004| but not including disposition of the body by a school of
|
0005| medicine following medical study."
|
0006| Section 219. Section 61-32-5 NMSA 1978 (being Laws 1993,
|
0007| Chapter 204, Section 5) is amended to read:
|
0008| "61-32-5. BOARD CREATED.--
|
0009| A. There is created the "board of thanatopractice".
|
0010| [B. The board is administratively attached to the
|
department.
|
C.] B. The board consists of six members. Three
|
0013| members shall be funeral service practitioners who have been
|
0014| licensed in the state for at least five years; two members
|
0015| shall represent the public and shall not have been licensed for
|
0016| the practice of funeral service or direct disposition in this
|
0017| state or any other jurisdiction and shall not ever have had any
|
0018| financial interest, direct or indirect, in any funeral,
|
0019| commercial or direct disposition establishment or crematory;
|
0020| and one member shall be a licensed direct disposer or health
|
0021| care practitioner who has been licensed in the state for at
|
0022| least five years.
|
0023| [D.] C. Members of the board shall be appointed
|
0024| by the governor for staggered terms of four years; except that
|
0025| members of the board appointed and serving under prior law [at
|
the effective date of the Thanatopractice Act] on June 18,
|
0002| 1993 shall serve out the terms for which they were appointed
|
0003| as members of the board created by this section. Each member
|
0004| shall hold office until his successor is duly appointed and
|
0005| qualified [and appointed]. Vacancies shall be filled for any
|
0006| unexpired term in the same manner as original appointments.
|
0007| [E.] D. Members of the board shall [be
|
reimbursed as provided in the Per Diem and Mileage Act and
|
shall receive no other compensation, perquisite or allowance]
|
0010| serve without compensation other than reasonable reimbursement
|
0011| for mileage and per diem as determined by the board and paid
|
0012| from board funds.
|
0013| [F.] E. A simple majority of the board members
|
0014| currently serving constitutes a quorum.
|
0015| [G.] F. The board shall hold at least two regular
|
0016| meetings each year and shall meet at such other times as it
|
0017| deems necessary.
|
0018| [H.] G. No board member shall serve more than two
|
0019| full consecutive terms, and any member failing to attend, after
|
0020| proper notice, three meetings shall automatically be
|
0021| recommended for removal as a board member unless excused for
|
0022| reasons set forth in board regulations.
|
0023| [I.] H. The board shall elect a chairman and
|
0024| other officers as deemed necessary to administer its duties."
|
0025| Section 220. Section 61-32-6 NMSA 1978 (being Laws 1993,
|
0001| Chapter 204, Section 6) is amended to read:
|
0002| "61-32-6. BOARD POWERS.--
|
0003| A. In addition to any other authority provided by
|
0004| law, the board has the power to:
|
0005| (1) adopt, in accordance with the provisions of
|
0006| the Uniform Licensing Act, and file, in accordance with the
|
0007| State Rules Act, rules and regulations necessary to carry out
|
0008| the provisions of the Thanatopractice Act;
|
0009| (2) adopt rules implementing continuing
|
0010| education requirements;
|
0011| (3) conduct hearings upon charges relating to
|
0012| the discipline of licensees and take administrative actions,
|
0013| including license denial, suspension or revocation, or the
|
0014| issuance of a fine, reprimand or other remedial action;
|
0015| (4) establish reasonable fees to carry out the
|
0016| provisions of the Thanatopractice Act;
|
0017| (5) provide for investigations necessary to
|
0018| determine violations of the Thanatopractice Act;
|
0019| (6) establish committees as the board deems
|
0020| necessary for carrying out the provisions of the
|
0021| Thanatopractice Act;
|
0022| (7) apply for injunctive relief to enforce the
|
0023| provisions of the Thanatopractice Act or to restrain any
|
0024| violation of that act;
|
0025| (8) take administrative action by issuing
|
0001| orders, instructions and reprimands, not inconsistent with law,
|
0002| to ensure implementation of and compliance with the
|
0003| Thanatopractice Act, and to enforce those orders, instructions
|
0004| and reprimands by appropriate administrative or court action;
|
0005| [and]
|
0006| (9) impose a fine not to exceed five thousand
|
0007| dollars ($5,000), in addition to other administrative or
|
0008| disciplinary costs [and all fines shall be deposited in the
|
thanatopractice fund];
|
0010| (10) employ staff it deems necessary to assist
|
0011| it in carrying out its duties pursuant to the Thanatopractice
|
0012| Act and provide for health insurance or other benefits for
|
0013| them. Except as otherwise provided in that act, employees
|
0014| serve at the pleasure of the board and are exempt from the
|
0015| provisions of the Personnel Act; and
|
0016| (11) enter into contracts.
|
0017| B. No action or other legal proceedings for damages
|
0018| shall be instituted against the board, any board member or
|
0019| employee of the board for any act performed in good faith and
|
0020| in the intended performance of any power or duty granted under
|
0021| the Thanatopractice Act or for any neglect or default in the
|
0022| good faith performance or exercise of any such power or duty."
|
0023| Section 221. Section 61-32-8 NMSA 1978 (being Laws 1993,
|
0024| Chapter 204, Section 8) is amended to read:
|
0025| "61-32-8. INSPECTION--ACCESS--COUNSEL.--
|
0001| A. Inspection of establishments and crematories,
|
0002| including all records, financial or otherwise, is authorized
|
0003| during regular business hours or through prior arrangement.
|
0004| Acceptance of a license shall include permission for the board
|
0005| or its designee to enter the premises without legal process.
|
0006| B. Upon request of the board, the board shall be
|
0007| represented by the attorney general. The board may employ
|
0008| [special counsel] or contract for the services of other
|
0009| attorneys, whose services shall be paid by the board [upon
|
the approval of the attorney general]."
|
0011| Section 222. A new section of the Thanatopractice Act is
|
0012| enacted to read:
|
0013| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0014| A. The board is specifically exempted from the
|
0015| provisions of the Procurement Code, the Art in Public Places
|
0016| Act, the Information and Communication Management Act and
|
0017| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0018| through 15-3-34 NMSA 1978.
|
0019| B. The board is also specifically exempted from the
|
0020| provisions of the Deferred Compensation Act, the Group Benefits
|
0021| Act, the Public Employee Bargaining Act, the Per Diem and
|
0022| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0023| provided, however, that an employee of the regulation and
|
0024| licensing department who subsequently becomes employed by the
|
0025| board without a break in service may, by agreement of the
|
0001| board, continue to participate in and be covered by those acts
|
0002| until separation from employment with the board. Where
|
0003| required under those acts, the board shall make contributions
|
0004| for the participating employee.
|
0005| C. The board is also specifically exempted from the
|
0006| provisions of the Public Employees Retirement Act and the
|
0007| Retiree Health Care Act; provided, however, that an employee of
|
0008| the regulation and licensing department who subsequently
|
0009| becomes employed by the board without a break in service may,
|
0010| by agreement of the board, continue to participate in the
|
0011| public employee retirement system under the terms and
|
0012| conditions of the Public Employees Retirement Act and the
|
0013| retiree health care system under the terms and conditions of
|
0014| the Retiree Health Care Act until separation from employment
|
0015| with the board. The board shall make contributions as required
|
0016| by those acts for the participating employee.
|
0017| D. The board is also specifically exempted from the
|
0018| provisions of the Personnel Act; provided, however, that an
|
0019| employee in the classified service in the regulation and
|
0020| licensing department who subsequently becomes employed by the
|
0021| board without a break in service may, by agreement of the
|
0022| board, remain in the classified service and be covered by the
|
0023| Personnel Act until separation from employment with the board.
|
0024| For all other employees, the board may adopt its own employment
|
0025| policies."
|
0001| Section 223. A new section of the Thanatopractice Act is
|
0002| enacted to read:
|
0003| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The
|
0004| board, as an organization and its individual members and
|
0005| employees, is specifically subject to and covered by the
|
0006| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0007| Act, the Inspection of Public Records Act, the Public Records
|
0008| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0009| Financial Disclosure Act and any other state law applicable to
|
0010| the board unless otherwise specifically exempted in the
|
0011| Thanatopractice Act."
|
0012| Section 224. Section 61-32-26 NMSA 1978 (being Laws 1993,
|
0013| Chapter 204, Section 26) is repealed and a new Section 61-32-26
|
0014| NMSA 1978 is enacted to read:
|
0015| "61-32-26. [NEW MATERIAL] BOARD FUNDS.--
|
0016| A. All money received by the board from fees provided
|
0017| for in the Thanatopractice Act shall be deposited in an account
|
0018| in a federally insured financial institution qualified to do
|
0019| business in New Mexico. Money in the account shall be
|
0020| withdrawn on the order of the board or its designee and shall
|
0021| be used only to carry out the board's duties pursuant to that
|
0022| act.
|
0023| B. In accordance with the provisions of the Audit
|
0024| Act, the state auditor may examine the accounts and books of
|
0025| the board, including its receipts, disbursements, contracts,
|
0001| leases and other records relating to the performance of its
|
0002| duties pursuant to the Thanatopractice Act. In addition, the
|
0003| governor may call for any additional, special audits by the
|
0004| state auditor whenever deemed necessary for the protection and
|
0005| oversight of board funds.
|
0006| C. Money of the board is not public money or state
|
0007| funds within the meaning of any law of the state relating to
|
0008| investment, deposit, security or expenditure of public money."
|
0009| Section 225. [NEW MATERIAL] SHORT TITLE.--Sections 225
|
0010| through 244 of this act may be cited as the "Physical Therapy
|
0011| Act".
|
0012| Section 226. [NEW MATERIAL] LEGISLATIVE PURPOSE.--The
|
0013| purpose of the Physical Therapy Act is to protect the public
|
0014| health, safety and welfare and provide for control,
|
0015| supervision, licensure and regulation of the practice of
|
0016| physical therapy. To carry out those purposes, only
|
0017| individuals who meet and maintain minimum standards of
|
0018| competence and conduct may engage in the practice of physical
|
0019| therapy. The practice of physical therapy is declared to
|
0020| affect the public interest and that act shall be liberally
|
0021| construed so as to accomplish the purpose stated in that act.
|
0022| Section 227. [NEW MATERIAL] DEFINITIONS.--As used
|
0023| in the Physical Therapy Act:
|
0024| A. "assistive personnel" means physical therapist
|
0025| assistants, physical therapy aides and other assistive
|
0001| personnel;
|
0002| B. "board" means the physical therapy board;
|
0003| C. "other assistive personnel" means trained or
|
0004| educated personnel other than physical therapist assistants or
|
0005| physical therapy aides who perform specific designated tasks
|
0006| related to physical therapy under the supervision of a physical
|
0007| therapist. At the discretion of the supervising physical
|
0008| therapist and if not prohibited by any other law, it may be
|
0009| appropriate for other assistive personnel to be identified by
|
0010| the title specific to their training or education;
|
0011| D. "person" means an individual or other legal
|
0012| entity;
|
0013| E. "physical therapist" means a person who is
|
0014| licensed in this state to practice physical therapy;
|
0015| F. "physical therapist assistant" means a person who
|
0016| performs physical therapy procedures and related tasks pursuant
|
0017| to a plan of care written by the supervising physical
|
0018| therapist;
|
0019| G. "physical therapy" means the care and services
|
0020| provided by or under the direction and supervision of a
|
0021| physical therapist;
|
0022| H. "physical therapy aide" means a person trained
|
0023| under the direction of a physical therapist who performs
|
0024| designated and supervised routine physical therapy tasks;
|
0025| I. "practice of physical therapy" means:
|
0001| (1) examining and evaluating patients with
|
0002| mechanical, physiological and developmental impairments,
|
0003| functional limitations and disabilities or other health-related
|
0004| conditions in order to determine a diagnosis, prognosis and
|
0005| planned therapeutic intervention;
|
0006| (2) alleviating impairments and functional
|
0007| limitations by designing, implementing and modifying
|
0008| therapeutic interventions that include therapeutic exercise;
|
0009| functional training in self-care and community or work
|
0010| reintegration; manual therapy techniques, including soft tissue
|
0011| and joint mobilization and manipulation; therapeutic massage;
|
0012| assistive and adaptive devices and equipment; bronchopulmonary
|
0013| hygiene; debridement and wound care; physical agents;
|
0014| mechanical and electrotherapeutic modalities; and
|
0015| patient-related instruction;
|
0016| (3) preventing injury, impairments, functional
|
0017| limitations and disability, including the promotion and
|
0018| maintenance of fitness, health and quality of life in all age
|
0019| populations; and
|
0020| (4) engaging in consultation, testing, education
|
0021| and research; and
|
0022| J. "restricted license" means a license to which
|
0023| restrictions or conditions as to scope of practice, place of
|
0024| practice, supervision of practice, duration of licensed status
|
0025| or type or condition of patient or client served are imposed by
|
0001| the board.
|
0002| Section 228. [NEW MATERIAL] BOARD CREATED.--
|
0003| A. The "physical therapy board" is created. The
|
0004| board shall consist of five members appointed by the governor.
|
0005| Three members shall be physical therapists who are residents of
|
0006| the state, who possess unrestricted licenses to practice
|
0007| physical therapy and who have been practicing in New Mexico for
|
0008| no less than five years. Two members shall be citizens
|
0009| appointed from the public at large who are not associated with,
|
0010| or financially interested in, any health care profession.
|
0011| B. All appointments shall be made for staggered terms
|
0012| of three years with no more than two terms ending at any one
|
0013| time. No member shall serve for more than two successive
|
0014| three-year terms. Vacancies shall be filled for the unexpired
|
0015| term by appointment by the governor prior to the next scheduled
|
0016| board meeting.
|
0017| C. The governor may remove any member of the board
|
0018| for misconduct, incompetence or neglect of duty.
|
0019| D. Members shall serve without compensation other
|
0020| than reasonable reimbursement for mileage and per diem as
|
0021| determined by the board and paid from board funds.
|
0022| E. There shall be no liability on the part of and no
|
0023| action for damages against any board member when the member is
|
0024| acting within the scope of his duties.
|
0025| Section 229. [NEW MATERIAL] POWERS AND DUTIES.--The
|
0001| board:
|
0002| A. shall examine all applicants for licensure to
|
0003| practice physical therapy and issue licenses or permits to
|
0004| those who are duly qualified;
|
0005| B. shall regulate the practice of physical therapy by
|
0006| interpreting and enforcing the provisions of the Physical
|
0007| Therapy Act, including taking disciplinary action;
|
0008| C. may adopt, file, amend or repeal rules and
|
0009| regulations in accordance with the Uniform Licensing Act to
|
0010| carry out the provisions of the Physical Therapy Act;
|
0011| D. may meet as often as the board deems necessary in
|
0012| compliance with the Open Meetings Act. A majority of the
|
0013| members constitutes a quorum for the transaction of business.
|
0014| The board shall keep an official record of all its proceedings;
|
0015| E. may establish requirements for assessing
|
0016| continuing competency;
|
0017| F. may establish and collect fees for sustaining the
|
0018| necessary operation and expenses of the board;
|
0019| G. may expend board funds as it deems necessary for
|
0020| carrying out the purposes and for the administration of the
|
0021| Physical Therapy Act;
|
0022| H. may establish, impose and collect fines for
|
0023| violations of the Physical Therapy Act;
|
0024| I. may elect such officers as it deems necessary for
|
0025| the operations and obligations of the board. Terms of office
|
0001| shall be one year;
|
0002| J. shall provide for the timely orientation and
|
0003| training of new professional and public appointees to the
|
0004| board, including training in licensing and disciplinary
|
0005| procedures and orientation to all statutes, rules, policies and
|
0006| procedures of the board;
|
0007| K. may employ an executive secretary and other
|
0008| personnel to carry out the administrative work of the board.
|
0009| The board may provide for health insurance or other benefits
|
0010| for those persons. Except as otherwise provided in the
|
0011| Physical Therapy Act, persons employed by the board serve at
|
0012| the pleasure of the board and are exempt from the provisions of
|
0013| the Personnel Act;
|
0014| L. may enter into contracts for services determined
|
0015| to be necessary for adequate administration and enforcement of
|
0016| the Physical Therapy Act;
|
0017| M. shall report final disciplinary action taken
|
0018| against a physical therapist or physical therapist assistant to
|
0019| the national disciplinary data base;
|
0020| N. shall publish at least annually final disciplinary
|
0021| action taken against any physical therapist or physical
|
0022| therapist assistant; and
|
0023| O. may prescribe the forms of license certificates,
|
0024| application forms and such other documents as it deems
|
0025| necessary to carrying out of the provisions of the Physical
|
0001| Therapy Act.
|
0002| Section 230. [NEW MATERIAL] BOARD FUNDS.--
|
0003| A. All money received by the board from fees provided
|
0004| for in the Physical Therapy Act shall be deposited in an
|
0005| account in a federally insured financial institution qualified
|
0006| to do business in New Mexico. Money in the account shall be
|
0007| withdrawn on the order of the board or its designee and shall
|
0008| be used only to carry out the board's duties under the Physical
|
0009| Therapy Act.
|
0010| B. Pursuant to the Audit Act, the state auditor or
|
0011| his legally authorized representatives may examine the accounts
|
0012| and books of the board, including its receipts, disbursements,
|
0013| contracts, leases and any other records relating to the
|
0014| performance of its duties under the Physical Therapy Act. In
|
0015| addition, the governor may call for additional, special audits
|
0016| to be conducted by the state auditor or his legally authorized
|
0017| representatives whenever deemed necessary for the protection
|
0018| and oversight of board funds.
|
0019| C. Money of the board is not public money or state
|
0020| funds within the meaning of any law of the state relating to
|
0021| investment, deposit, security or expenditure of public money.
|
0022| Section 231. [NEW MATERIAL] LEGAL SERVICES.--Upon
|
0023| request of the board, the attorney general shall provide such
|
0024| legal services to the board necessary for the administration of
|
0025| the Physical Therapy Act. The board may, within its
|
0001| discretion, employ or contract for the services of licensed
|
0002| attorneys to assist it in the administration of the Physical
|
0003| Therapy Act.
|
0004| Section 232. [NEW MATERIAL] EXEMPTION FROM CERTAIN
|
0005| ACTS.--
|
0006| A. The board is specifically exempted from the
|
0007| provisions of the Procurement Code, the Art in Public Places
|
0008| Act, the Information and Communication Management Act and
|
0009| Sections 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1
|
0010| through 15-3-34 NMSA 1978.
|
0011| B. The board is also specifically exempted from the
|
0012| provisions of the Deferred Compensation Act, the Group Benefits
|
0013| Act, the Public Employee Bargaining Act, the Per Diem and
|
0014| Mileage Act and Sections 10-7-1 through 10-7-19 NMSA 1978;
|
0015| provided, however, that an employee of the regulation and
|
0016| licensing department who subsequently becomes employed by the
|
0017| board without a break in service may, by agreement of the
|
0018| board, continue to participate in and be covered by the
|
0019| provisions of those acts until separation from employment with
|
0020| the board. Where required under those acts, the board shall
|
0021| make contributions for participating employees.
|
0022| C. The board is also specifically exempted from the
|
0023| provisions of the Public Employees Retirement Act and the
|
0024| Retiree Health Care Act; provided, however, that an employee of
|
0025| the regulation and licensing department who subsequently
|
0001| becomes employed by the board without a break in service may,
|
0002| by agreement of the board, continue to participate in the
|
0003| public employee retirement system under the terms and
|
0004| conditions of the Public Employees Retirement Act and the
|
0005| retiree health care system under the terms and conditions of
|
0006| the Retiree Health Care Act until separation from employment
|
0007| with the board. The board shall make contributions as required
|
0008| by those acts for a participating employee.
|
0009| D. The board is also specifically exempted from the
|
0010| provisions of the Personnel Act; provided, however, that an
|
0011| employee in the classified service in the regulation and
|
0012| licensing department who subsequently becomes employed by the
|
0013| board without a break in service may, by agreement of the
|
0014| board, remain in the classified service and be covered by the
|
0015| Personnel Act until separation from employment with the board.
|
0016| For all other employees, the board may adopt its own employment
|
0017| policies.
|
0018| Section 233. [NEW MATERIAL] APPLICABILITY OF OTHER
|
0019| ACTS.--The board, as an organization and its individual members
|
0020| and employees, is specifically subject to and covered by the
|
0021| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0022| Act, the Inspection of Public Records Act, the Public Records
|
0023| Act, the Open Meetings Act, the Governmental Conduct Act, the
|
0024| Financial Disclosure Act and any other state law applicable to
|
0025| the board unless otherwise specifically exempted in the
|
0001| Physical Therapy Act.
|
0002| Section 234. [NEW MATERIAL] PRACTICE OF PHYSICAL
|
0003| THERAPY--LICENSE REQUIRED.--
|
0004| A. No person shall practice or hold himself out to be
|
0005| engaging in the practice of physical therapy or designate
|
0006| himself as a physical therapist unless he is licensed as a
|
0007| physical therapist or is exempt from licensure as provided in
|
0008| the Physical Therapy Act.
|
0009| B. No person shall designate himself or act as a
|
0010| physical therapist assistant unless he is licensed as a
|
0011| physical therapist assistant or is exempt from licensure as
|
0012| provided in the Physical Therapy Act.
|
0013| C. A physical therapist shall refer persons under his
|
0014| care to the appropriate health care practitioner if the
|
0015| physical therapist has reasonable cause to believe symptoms or
|
0016| conditions are present that require services beyond his scope
|
0017| of practice or when physical therapy is contraindicated.
|
0018| D. Physical therapists or physical therapist
|
0019| assistants shall adhere to the recognized standards of ethics
|
0020| of the physical therapy profession.
|
0021| Section 235. [NEW MATERIAL] USE OF TITLES--
|
0022| RESTRICTIONS.--
|
0023| A. A physical therapist shall use the letters "PT" in
|
0024| connection with his name or place of business to denote
|
0025| licensure pursuant to the Physical Therapy Act.
|
0001| B. It is unlawful for a person or his employees,
|
0002| agents or representatives to use in connection with his name or
|
0003| the name or activity of the business the words "physical
|
0004| therapy", "physical therapist", "physiotherapy",
|
0005| "physiotherapist", "registered physical therapist", the letters
|
0006| "PT", "LPT", "RPT", "MPT", "DPT" or any other words,
|
0007| abbreviations or insignia indicating or implying directly or
|
0008| indirectly that physical therapy is provided or supplied,
|
0009| including the billing of services labeled as physical therapy,
|
0010| unless the services are provided by or under the direction of a
|
0011| physical therapist.
|
0012| C. A physical therapist assistant shall use the
|
0013| letters "PTA" in connection with his name to denote licensure.
|
0014| D. No person shall use the title "physical therapist
|
0015| assistant" or use the letters "PTA" in connection with his name
|
0016| or any other words, abbreviations or insignia indicating or
|
0017| implying directly or indirectly that he is a physical therapist
|
0018| assistant unless he has graduated from an accredited physical
|
0019| therapist assistant education program approved by the board and
|
0020| has met the requirements of the Physical Therapy Act.
|
0021| Section 236. [NEW MATERIAL] LICENSURE--
|
0022| QUALIFICATIONS.--
|
0023| A. An applicant for licensure as a physical therapist
|
0024| shall have the following minimum qualifications:
|
0025| (1) be of good moral character;
|
0001| (2) be a graduate of an accredited physical
|
0002| therapy program approved by the board;
|
0003| (3) have successfully passed the national
|
0004| physical therapy examination approved by the board; and
|
0005| (4) have successfully passed the state
|
0006| jurisprudence examination.
|
0007| B. An applicant for licensure as a physical therapist
|
0008| who has been educated outside the United States must meet the
|
0009| following minimum qualifications:
|
0010| (1) provide satisfactory evidence that his
|
0011| education is substantially equivalent to the requirements of
|
0012| physical therapists educated in accredited educational programs
|
0013| in the United States, as determined by the board. If the board
|
0014| determines that a foreign-educated applicant's education is not
|
0015| substantially equivalent, it may require completion of
|
0016| additional course work before proceeding with the application
|
0017| process;
|
0018| (2) provide evidence that he is a graduate of a
|
0019| school of training that is recognized by the foreign country's
|
0020| own ministry of education or similar institution;
|
0021| (3) provide written proof of authorization to
|
0022| practice as a physical therapist without limitations in the
|
0023| legal jurisdiction where the post-secondary institution from
|
0024| which the applicant has graduated is located;
|
0025| (4) provide proof of legal authorization to
|
0001| reside and seek employment in the United States or its
|
0002| territories;
|
0003| (5) have his educational credentials evaluated
|
0004| by a board-approved credential evaluation agency;
|
0005| (6) pass all approved English proficiency
|
0006| examinations as may be prescribed by the board if English is
|
0007| not his primary language; and
|
0008| (7) participate in an interim supervised
|
0009| clinical practice period as may be prescribed by the board.
|
0010| C. The board may issue an interim permit to a
|
0011| foreign-trained applicant who satisfies the board's
|
0012| requirements. An interim permit shall be issued for the
|
0013| purpose of participating in a supervised clinical practice
|
0014| period.
|
0015| D. If the foreign-educated physical therapist
|
0016| applicant is a graduate of a college accredited by the
|
0017| commission on accreditation in physical therapy education, the
|
0018| requirements of Paragraphs (1), (2), (5) and (7) of Subsection
|
0019| B of this section are waived.
|
0020| E. An applicant for licensure as a physical therapist
|
0021| assistant shall meet the following minimum requirements:
|
0022| (1) be of good moral character;
|
0023| (2) have completed the application process;
|
0024| (3) be a graduate of an accredited physical
|
0025| therapist assistant program approved by the board;
|
0001| (4) have successfully passed the national
|
0002| physical therapy examination approved by the board; and
|
0003| (5) have successfully passed the state
|
0004| jurisprudence examination.
|
0005| F. An applicant for licensure as a physical therapist
|
0006| or physical therapist assistant shall file a written
|
0007| application on forms provided by the board. A nonrefundable
|
0008| application fee and the cost of the examination shall accompany
|
0009| the completed written application. Fees shall be established
|
0010| by board rule.
|
0011| G. The board shall review applicants for physical
|
0012| therapy licensure after all application processes are
|
0013| completed. The national physical therapy examination shall
|
0014| test entry-level competency related to physical therapy theory,
|
0015| evaluation, treatment intervention, prevention and
|
0016| consultation.
|
0017| H. The board shall review applicants for physical
|
0018| therapist assistant licensure after all application processes
|
0019| are completed. The national examination shall test for
|
0020| requisite knowledge and skills.
|
0021| I. The board shall require proof of passage of a
|
0022| jurisprudence examination on state laws, rules and regulations
|
0023| that pertain to the practice of physical therapy.
|
0024| J. Applicants who fail to pass the examinations shall
|
0025| be subject to requirements determined by board regulations
|
0001| prior to being approved by the board for subsequent testing.
|
0002| K. The board or its designee shall issue a license to
|
0003| a physical therapist or physical therapist assistant who has a
|
0004| valid unrestricted license from another United States
|
0005| jurisdiction and who meets all requirements for licensure in
|
0006| New Mexico.
|
0007| L. Prior to licensure, if prescribed by the board,
|
0008| the board or its designee may issue a temporary nonrenewable
|
0009| license to a physical therapist or physical therapist assistant
|
0010| who has completed the education and experience requirements of
|
0011| the Physical Therapist Act. The temporary license shall allow
|
0012| the applicant to practice physical therapy under the
|
0013| supervision of a licensed physical therapist until a permanent
|
0014| license is approved that shall include passing the national
|
0015| physical therapy examination.
|
0016| M. The board or its designee may issue a temporary
|
0017| license to a physical therapist or physical therapist assistant
|
0018| performing physical therapy while teaching an educational
|
0019| seminar who has met the requirements established by regulation
|
0020| of the board.
|
0021| N. A physical therapist or physical therapist
|
0022| assistant licensed under the provisions of the Physical Therapy
|
0023| Act shall renew his license as specified in board rules. A
|
0024| person who fails to renew his license by the date of expiration
|
0025| shall not practice physical therapy in New Mexico.
|
0001| O. Reinstatement of a lapsed license following a
|
0002| renewal deadline requires payment of a renewal fee and late
|
0003| penalty as specified by board rules.
|
0004| P. Reinstatement of a physical therapist or physical
|
0005| therapist assistant license that has lapsed for more than three
|
0006| years, without evidence of continued practice in another state
|
0007| pursuant to a valid unrestricted license in that state,
|
0008| requires reapplication and payment of fees, as specified in
|
0009| board rules. The board shall promulgate rules establishing the
|
0010| qualifications for reinstatement of a lapsed license.
|
0011| Q. The board shall establish, by rule, activities to
|
0012| periodically assess continuing competence to practice physical
|
0013| therapy. The board may implement remedial actions if necessary
|
0014| to require continuing competence as a condition of relicensure.
|
0015| Section 237. [NEW MATERIAL] EXEMPTIONS.--The following
|
0016| persons are exempt from licensure as physical therapists under
|
0017| the Physical Therapy Act:
|
0018| A. a person who is pursuing a course of study leading
|
0019| to a degree as a physical therapist in an entry-level education
|
0020| program approved by the board and is satisfying supervised
|
0021| clinical education requirements related to his physical therapy
|
0022| education; and
|
0023| B. a physical therapist practicing in the United
|
0024| States armed services, United States public health service or
|
0025| veterans administration as based on requirements under federal
|
0001| regulations for state licensure of health care providers.
|
0002| Section 238. [NEW MATERIAL] SUPERVISION.--
|
0003| A. A physical therapist is responsible for patient
|
0004| care given by assistive personnel under his supervision. A
|
0005| physical therapist may delegate to assistive personnel and
|
0006| supervise selected acts, tasks or procedures that fall within
|
0007| the scope of physical therapy practice but do not exceed the
|
0008| assistive personnel's education or training.
|
0009| B. A physical therapist assistant shall function
|
0010| under the supervision of a physical therapist as prescribed by
|
0011| rules of the board.
|
0012| C. Physical therapy aides and other assistive
|
0013| personnel shall perform patient care activities under on-site
|
0014| supervision of a physical therapist. "On-site supervision"
|
0015| means the supervising physical therapist shall:
|
0016| (1) be continuously on-site and present in the
|
0017| department or facility where the assistive personnel are
|
0018| performing services;
|
0019| (2) be immediately available to assist the
|
0020| person being supervised in the services being performed; and
|
0021| (3) maintain continued involvement in
|
0022| appropriate aspects of each treatment session in which a
|
0023| component of treatment is delegated to assistive personnel.
|
0024| Section 239. [NEW MATERIAL] GROUNDS FOR DISCIPLINARY
|
0025| ACTION.--The following conduct, acts or conditions constitute
|
0001| grounds for disciplinary action:
|
0002| A. practicing physical therapy in violation of the
|
0003| provisions of the Physical Therapy Act or rules adopted by the
|
0004| board;
|
0005| B. practicing or offering to practice beyond the
|
0006| scope of physical therapy practice as defined in the Physical
|
0007| Therapy Act;
|
0008| C. obtaining or attempting to obtain a license by
|
0009| fraud or misrepresentation;
|
0010| D. engaging in or permitting the performance of
|
0011| negligent care by a physical therapist or by assistive
|
0012| personnel working under the physical therapist's supervision,
|
0013| regardless of whether actual injury to the patient is
|
0014| established;
|
0015| E. engaging in the performance of negligent care by a
|
0016| physical therapist assistant, regardless of whether actual
|
0017| injury to the patient is established. This includes exceeding
|
0018| the authority to perform tasks pursuant to the plan of care
|
0019| written by the supervising physical therapist;
|
0020| F. having been convicted of a felony in the courts of
|
0021| this state or any other state, territory or country, subject to
|
0022| the Criminal Offender Employment Act. Conviction includes a
|
0023| finding or verdict of guilt, an admission of guilt or a plea of
|
0024| nolo contendere. A copy of the record of conviction, certified
|
0025| by the clerk of the court entering the conviction, is
|
0001| conclusive evidence;
|
0002| G. practicing as a physical therapist or working as a
|
0003| physical therapist assistant when physical or mental abilities
|
0004| are impaired by the habitual or excessive use of controlled
|
0005| substances, other habit-forming drugs, chemicals or alcohol;
|
0006| H. having had a license revoked or suspended; other
|
0007| disciplinary action taken; or an application for licensure
|
0008| refused, revoked or suspended by the proper authorities of
|
0009| another state, territory or country based upon acts by the
|
0010| licensee similar to acts described in this section. A
|
0011| certified copy of the record of suspension, revocation or other
|
0012| disciplinary action taken by the state taking the disciplinary
|
0013| action is conclusive evidence;
|
0014| I. if a physical therapist, failing to adequately
|
0015| supervise assistive personnel;
|
0016| J. engaging in sexual misconduct, including engaging
|
0017| in or soliciting sexual relationships with a patient, whether
|
0018| consensual or nonconsensual, while a physical therapist- or
|
0019| physical therapist assistant-patient relationship exists; or
|
0020| sexual harassment of a patient that includes making sexual
|
0021| advances, requesting sexual favors and engaging in other verbal
|
0022| conduct or physical contact of a sexual nature while a physical
|
0023| therapist- or physical therapist assistant-patient relationship
|
0024| exists;
|
0025| K. directly or indirectly requesting, receiving or
|
0001| participating in the dividing, transferring, assigning,
|
0002| rebating or refunding of an unearned fee; or profiting by means
|
0003| of a credit or other valuable consideration such as an unearned
|
0004| commission, discount or gratuity in connection with the
|
0005| furnishing of physical therapy services. Nothing in this
|
0006| subsection prohibits the members of any regularly and properly
|
0007| organized business entity recognized by law and comprised of
|
0008| physical therapists from dividing fees received for
|
0009| professional services among themselves as they determine by
|
0010| contract necessary to defray their joint operating expense;
|
0011| L. failing to adhere to the recognized standards of
|
0012| ethics of the physical therapy profession;
|
0013| M. charging unreasonable or fraudulent fees for
|
0014| services performed or not performed;
|
0015| N. making misleading, deceptive, untrue or fraudulent
|
0016| representations in the practice of physical therapy;
|
0017| O. having been adjudged mentally incompetent by a
|
0018| court of competent jurisdiction;
|
0019| P. aiding or abetting an unlicensed person to perform
|
0020| activities requiring a license;
|
0021| Q. failing to report to the board any act or omission
|
0022| of a licensee, applicant or other person that violates the
|
0023| provisions of the Physical Therapy Act;
|
0024| R. interfering with or refusing to cooperate in an
|
0025| investigation or disciplinary proceeding of the board,
|
0001| including misrepresentation of facts or by the use of threats
|
0002| or harassment against any patient or witness to prevent them
|
0003| from providing evidence in a disciplinary proceeding;
|
0004| S. failing to maintain patient confidentiality
|
0005| without prior written consent or unless otherwise provided by
|
0006| law;
|
0007| T. impersonating another person licensed to practice
|
0008| physical therapy, permitting or allowing any person to use the
|
0009| physical therapist's or physical therapist assistant's license
|
0010| or practicing physical therapy under a false or assumed name;
|
0011| U. failure to report to the board the surrendering of
|
0012| a license or other authorization to practice physical therapy
|
0013| in another state or jurisdiction or the surrendering of
|
0014| membership in any professional association following, in lieu
|
0015| of or while under disciplinary investigation by any of those
|
0016| authorities or bodies for acts or conduct similar to acts or
|
0017| conduct that would constitute grounds for action as defined in
|
0018| this section; and
|
0019| V. abandonment of patients.
|
0020| Section 240. [NEW MATERIAL] CONSUMER PROTECTION.--
|
0021| A. Any person, including a licensee; corporation;
|
0022| insurance company; health care organization; health care
|
0023| facility; and state, federal or local governmental agency,
|
0024| shall report to the board any conviction, determination or
|
0025| finding that a licensee has committed an act that constitutes a
|
0001| violation of the Physical Therapy Act. The person is immune
|
0002| from civil liability for providing information in good faith to
|
0003| the board. Failure by a licensee to report a violation of the
|
0004| Physical Therapy Act shall constitute grounds for disciplinary
|
0005| action.
|
0006| B. The board may permit an impaired physical
|
0007| therapist or assistive personnel to actively participate in a
|
0008| board-approved substance abuse treatment program under the
|
0009| following conditions:
|
0010| (1) the board has evidence indicating that the
|
0011| licensee is an impaired professional;
|
0012| (2) the licensee has not been convicted of a
|
0013| felony relating to a controlled substance in a court of law of
|
0014| the United States or any other territory or country;
|
0015| (3) the impaired professional enters into a
|
0016| written agreement with the board and complies with all the
|
0017| terms of the agreement, including making satisfactory progress
|
0018| in the program and adhering to any limitations on his practice
|
0019| imposed by the board to protect the public. Failure to enter
|
0020| into such an agreement shall disqualify the professional from
|
0021| the voluntary substance abuse program; and
|
0022| (4) as part of the agreement established between
|
0023| the licensee and the board, the licensee shall sign a waiver
|
0024| allowing the substance abuse program to release information to
|
0025| the board if the licensee does not comply with the requirements
|
0001| of this section or is unable to practice with reasonable skill
|
0002| or safety.
|
0003| C. The public shall have access to information
|
0004| pursuant to the Inspection of Public Records Act.
|
0005| D. The board shall conduct its meetings and
|
0006| disciplinary hearings in accordance with the Open Meetings Act.
|
0007| E. Physical therapists and physical therapist
|
0008| assistants shall disclose in writing to patients if the
|
0009| referring health care practitioner is deriving direct or
|
0010| indirect compensation from the referral to physical therapy.
|
0011| F. Physical therapists and physical therapist
|
0012| assistants shall disclose any financial interest in products
|
0013| they endorse and recommend to their patients.
|
0014| G. The licensee has the responsibility to ensure that
|
0015| the patient has knowledge of freedom of choice in services and
|
0016| products.
|
0017| H. The physical therapist or physical therapist
|
0018| assistant shall not promote an unnecessary device, treatment
|
0019| intervention or service for the financial gain of himself or
|
0020| another person.
|
0021| I. The physical therapist or physical therapist
|
0022| assistant shall not provide treatment intervention unwarranted
|
0023| by the condition of the patient, nor shall he continue
|
0024| treatment beyond the point of reasonable benefit.
|
0025| J. A person may submit a complaint regarding a
|
0001| physical therapist, physical therapist assistant or other
|
0002| person potentially in violation of the Physical Therapy Act.
|
0003| The board shall keep all information relating to the receiving
|
0004| and investigation of complaints filed against licensees
|
0005| confidential until the information becomes public record
|
0006| according to the Inspection of Public Records Act.
|
0007| K. Each licensee shall display a copy of his license
|
0008| and current renewal verification in a location accessible to
|
0009| public view at his place of practice.
|
0010| Section 241. [NEW MATERIAL] DISCIPLINARY ACTIONS--
|
0011| PENALTIES.--
|
0012| A. The board, upon satisfactory proof that any
|
0013| grounds enumerated in Section 239 of this act have been
|
0014| violated, may take the following disciplinary action singly or
|
0015| in combination:
|
0016| (1) issue a letter of censure or reprimand;
|
0017| (2) issue a restricted license, including
|
0018| requiring the licensee to report regularly to the board on
|
0019| matters related to the grounds for the restricted license;
|
0020| (3) suspend a license for a period determined by
|
0021| the board;
|
0022| (4) revoke a license;
|
0023| (5) refuse to issue or renew a license;
|
0024| (6) impose fines in accordance with the Physical
|
0025| Therapy Act; and
|
0001| (7) accept a voluntary surrendering of a
|
0002| license.
|
0003| B. Disciplinary actions of the board shall be taken
|
0004| in accordance with the Uniform Licensing Act.
|
0005| C. The board may institute any legal proceedings
|
0006| necessary to effect compliance with the Physical Therapy Act,
|
0007| including:
|
0008| (1) receiving and investigating complaints filed
|
0009| against licensees;
|
0010| (2) conducting an investigation at any time and
|
0011| on its own initiative without receipt of a written complaint if
|
0012| the board has reason to believe that there may be a violation
|
0013| of the Physical Therapy Act;
|
0014| (3) issuing subpoenas and compelling the
|
0015| attendance of witnesses or the production of documents relative
|
0016| to the case; and
|
0017| (4) appointing hearing officers. Hearing
|
0018| officers shall prepare and submit to the board findings of
|
0019| fact, conclusions of law and an order that shall be reviewed
|
0020| and voted upon by the board.
|
0021| Section 242. [NEW MATERIAL] UNLAWFUL PRACTICE--
|
0022| CRIMINAL AND CIVIL PENALTIES--INJUNCTIVE RELIEF.--
|
0023| A. A person who engages in an activity requiring a
|
0024| license pursuant to the provisions of the Physical Therapy Act
|
0025| and who fails to obtain the required license; who violates any
|
0001| provision of the Physical Therapy Act; or who uses any word,
|
0002| title or representation to induce the false belief that the
|
0003| person is licensed to engage in the practice of physical
|
0004| therapy is guilty of a misdemeanor and shall be punished by a
|
0005| fine of not more than one thousand dollars ($1,000) or by
|
0006| imprisonment of not more than one year, or both.
|
0007| B. The board may apply for injunctive relief in any
|
0008| court of competent jurisdiction to enjoin a person from
|
0009| committing an act in violation of the Physical Therapy Act.
|
0010| Such injunction proceedings shall be in addition to and not in
|
0011| lieu of penalties and other remedies in the Physical Therapy
|
0012| Act.
|
0013| C. The board may assess a civil penalty of up to one
|
0014| thousand dollars ($1,000) for a first offense and up to five
|
0015| thousand dollars ($5,000) for a second or subsequent offense
|
0016| against a licensee who aids or abets an unlicensed person to
|
0017| directly or indirectly evade the Physical Therapy Act or the
|
0018| applicable licensing laws; or permits his license to be used by
|
0019| an unlicensed person with the intent to evade the Physical
|
0020| Therapy Act or the applicable licensing laws, pursuant to the
|
0021| notice of hearing and appeal procedures pursuant to the Uniform
|
0022| Licensing Act. The civil penalties provided in this subsection
|
0023| are in addition to other disciplinary measures provided in the
|
0024| Physical Therapy Act. Civil penalties shall be deposited with
|
0025| the state treasurer to the credit of the current school fund.
|
0001| Section 243. [NEW MATERIAL] TERMINATION OF AGENCY
|
0002| LIFE--DELAYED REPEAL.--The physical therapy board is terminated
|
0003| on July 1, 2003 pursuant to the Sunset Act. The board shall
|
0004| continue to operate according to the provisions of the Physical
|
0005| Therapy Act until July 1, 2004. Effective July 1, 2004, the
|
0006| Physical Therapy Act is repealed.
|
0007| Section 244. [NEW MATERIAL] TEMPORARY PROVISION--
|
0008| EXISTING REGULATIONS--LICENSURE UNDER PRIOR LAW.--
|
0009| A. Existing rules regarding physical therapy services
|
0010| shall remain in effect until new rules are adopted pursuant to
|
0011| the provisions of the Physical Therapy Act.
|
0012| B. A person licensed to perform physical therapy
|
0013| services pursuant to the provisions of prior law, whose license
|
0014| is valid on July 1, 1997, is entitled to renew his license
|
0015| pursuant to the provisions of the Physical Therapy Act.
|
0016| Section 245. TEMPORARY PROVISIONS--TRANSFERS.--
|
0017| A. On the effective date of this act, all
|
0018| appropriations, money and personal property of the New Mexico
|
0019| athletic commission held by the state shall be transferred to
|
0020| the commission. All agreements and contractual obligations of
|
0021| the regulation and licensing department pertaining to the New
|
0022| Mexico athletic commission shall be binding on the commission.
|
0023| B. On the effective date of this act, all
|
0024| appropriations, money and personal property of the board of
|
0025| optometry held by the state shall be transferred to the board.
|
0001| All agreements and contractual obligations of the regulation
|
0002| and licensing department pertaining to the board of optometry
|
0003| shall be binding on the board.
|
0004| C. On the effective date of this act, all
|
0005| appropriations, money and personal property of the chiropractic
|
0006| board held by the state shall be transferred to the board. All
|
0007| agreements and contractual obligations of the regulation and
|
0008| licensing department pertaining to the chiropractic board shall
|
0009| be binding on the board.
|
0010| D. On the effective date of this act, all
|
0011| appropriations, money and personal property of the New Mexico
|
0012| board of dental health care and the New Mexico dental
|
0013| hygienists committee held by the state shall be transferred to
|
0014| the board and the committee, respectively. All agreements and
|
0015| contractual obligations of the regulation and licensing
|
0016| department pertaining to the New Mexico board of dental health
|
0017| care and the New Mexico dental hygienists committee shall be
|
0018| binding on the board and committee, respectively.
|
0019| E. On the effective date of this act, all
|
0020| appropriations, money and personal property of the nutrition
|
0021| and dietetics practice board held by the state shall be
|
0022| transferred to the board. All agreements and contractual
|
0023| obligations of the regulation and licensing department
|
0024| pertaining to the nutrition and dietetics practice board shall
|
0025| be binding on the board.
|
0001| F. On the effective date of this act, all
|
0002| appropriations, money and personal property of the board of
|
0003| podiatry held by the state shall be transferred to the board.
|
0004| All agreements and contractual obligations of the regulation
|
0005| and licensing department pertaining to the board of podiatry
|
0006| shall be binding on the board.
|
0007| G. On the effective date of this act, all
|
0008| appropriations, money and personal property of the New Mexico
|
0009| state board of psychologist examiners held by the state shall
|
0010| be transferred to the board. All agreements and contractual
|
0011| obligations of the regulation and licensing department
|
0012| pertaining to the New Mexico state board of psychologist
|
0013| examiners shall be binding on the board.
|
0014| H. On the effective date of this act, all
|
0015| appropriations, money and personal property of the counseling
|
0016| and therapy practice board held by the state shall be
|
0017| transferred to the board. All agreements and contractual
|
0018| obligations of the regulation and licensing department
|
0019| pertaining to the counseling and therapy practice board shall
|
0020| be binding on the board.
|
0021| I. On the effective date of this act, all
|
0022| appropriations, money and personal property of the board of
|
0023| osteopathic medical examiners held by the state shall be
|
0024| transferred to the board. All agreements and contractual
|
0025| obligations of the regulation and licensing department
|
0001| pertaining to the board of osteopathic medical examiners shall
|
0002| be binding on the board.
|
0003| J. On the effective date of this act, all
|
0004| appropriations, money and personal property of the board of
|
0005| pharmacy held by the state shall be transferred to the board.
|
0006| All agreements and contractual obligations of the regulation
|
0007| and licensing department pertaining to the board of pharmacy
|
0008| shall be binding on the board.
|
0009| K. On the effective date of this act, all
|
0010| appropriations, money and personal property of the physical
|
0011| therapists' licensing board held by the state shall be
|
0012| transferred to the physical therapy board. All agreements and
|
0013| contractual obligations of the regulation and licensing
|
0014| department pertaining to the physical therapists' licensing
|
0015| board shall be binding on the physical therapy board.
|
0016| L. On the effective date of this act, all
|
0017| appropriations, money and personal property of the board of
|
0018| examiners for occupational therapy held by the state shall be
|
0019| transferred to the board. All agreements and contractual
|
0020| obligations of the regulation and licensing department
|
0021| pertaining to the board of examiners for occupational therapy
|
0022| shall be binding on the board.
|
0023| M. On the effective date of this act, all
|
0024| appropriations, money and personal property of the advisory
|
0025| board of respiratory care practitioners held by the state shall
|
0001| be transferred to the board of respiratory care practitioners.
|
0002| All agreements and contractual obligations of the regulation
|
0003| and licensing department pertaining to respiratory care
|
0004| practitioners shall be binding on the board of respiratory care
|
0005| practitioners.
|
0006| N. On the effective date of this act, all
|
0007| appropriations, money and personal property of the board of
|
0008| massage therapy held by the state shall be transferred to the
|
0009| board. All agreements and contractual obligations of the
|
0010| regulation and licensing department pertaining to the board of
|
0011| massage therapy shall be binding on the board.
|
0012| O. On the effective date of this act, all
|
0013| appropriations, money and personal property of the board of
|
0014| nursing home administrators held by the state shall be
|
0015| transferred to the board. All agreements and contractual
|
0016| obligations of the regulation and licensing department
|
0017| pertaining to the board of nursing home administrators shall be
|
0018| binding on the board.
|
0019| P. On the effective date of this act, all
|
0020| appropriations, money and personal property of the board of
|
0021| acupuncture and oriental medicine held by the state shall be
|
0022| transferred to the board. All agreements and contractual
|
0023| obligations of the regulation and licensing department
|
0024| pertaining to the board of acupuncture and oriental medicine
|
0025| shall be binding on the board.
|
0001| Q. On the effective date of this act, all
|
0002| appropriations, money and personal property of the speech
|
0003| language pathology, audiology and hearing aid dispensing
|
0004| practices board held by the state shall be transferred to the
|
0005| board. All agreements and contractual obligations of the
|
0006| regulation and licensing department pertaining to the speech
|
0007| language pathology, audiology and hearing aid dispensing
|
0008| practices board shall be binding on the board.
|
0009| R. On the effective date of this act, all
|
0010| appropriations, money and personal property of the athletic
|
0011| trainer practice board held by the state shall be transferred
|
0012| to the board. All agreements and contractual obligations of
|
0013| the regulation and licensing department pertaining to the
|
0014| athletic trainer practice board shall be binding on the board.
|
0015| S. On the effective date of this act, all
|
0016| appropriations, money and personal property of the board of
|
0017| barbers and cosmetologists held by the state shall be
|
0018| transferred to the board. All agreements and contractual
|
0019| obligations of the regulation and licensing department
|
0020| pertaining to the board of barbers and cosmetologists shall be
|
0021| binding on the board.
|
0022| T. On the effective date of this act, all
|
0023| appropriations, money and personal property of the board of
|
0024| landscape architects held by the state shall be transferred to
|
0025| the board. All agreements and contractual obligations of the
|
0001| regulation and licensing department pertaining to the board of
|
0002| landscape architects shall be binding on the board.
|
0003| U. On the effective date of this act, all
|
0004| appropriations, money and personal property of the interior
|
0005| design board held by the state shall be transferred to the
|
0006| board. All agreements and contractual obligations of the
|
0007| regulation and licensing department pertaining to the interior
|
0008| design board shall be binding on the board.
|
0009| V. On the effective date of this act, all
|
0010| appropriations, money and personal property of the advisory
|
0011| board of the regulation and licensing department for private
|
0012| investigators and polygraphers held by the state shall be
|
0013| transferred to the private investigators and polygraphers
|
0014| board. All agreements and contractual obligations of the
|
0015| regulation and licensing department pertaining to private
|
0016| investigators and polygraphers shall be binding on the private
|
0017| investigators and polygraphers board.
|
0018| W. On the effective date of this act, all
|
0019| appropriations, money and personal property of the New Mexico
|
0020| state board of public accountancy held by the state shall be
|
0021| transferred to the board. All agreements and contractual
|
0022| obligations of the regulation and licensing department
|
0023| pertaining to the New Mexico state board of public accountancy
|
0024| shall be binding on the board.
|
0025| X. On the effective date of this act, all
|
0001| appropriations, money and personal property of the New Mexico
|
0002| real estate commission, including the real estate recovery
|
0003| fund, held by the state shall be transferred to the commission.
|
0004| All agreements and contractual obligations of the regulation
|
0005| and licensing department pertaining to the New Mexico real
|
0006| estate commission or the real estate recovery fund shall be
|
0007| binding on the commission.
|
0008| Y. On the effective date of this act, all
|
0009| appropriations, money and personal property of the real estate
|
0010| appraisers board held by the state shall be transferred to the
|
0011| board. All agreements and contractual obligations of the
|
0012| regulation and licensing department pertaining to the real
|
0013| estate appraisers board shall be binding on the board.
|
0014| Z. On the effective date of this act, all
|
0015| appropriations, money and personal property of the board of
|
0016| social work examiners held by the state shall be transferred to
|
0017| the board. All agreements and contractual obligations of the
|
0018| regulation and licensing department pertaining to the board of
|
0019| social work examiners shall be binding on the board.
|
0020| AA. On the effective date of this act, all
|
0021| appropriations, money and personal property of the board of
|
0022| thanatopractice held by the state shall be transferred to the
|
0023| board. All agreements and contractual obligations of the
|
0024| regulation and licensing department pertaining to the board of
|
0025| thanatopractice shall be binding on the board.
|
0001| Section 246. REPEAL.--
|
0002| A. Sections 61-12-1 through 61-12-21 NMSA 1978 (being
|
0003| Laws 1953, Chapter 136, Section 1, Laws 1979, Chapter 369,
|
0004| Sections 2 and 3, Laws 1953, Chapter 136, Sections 3 through
|
0005| 11, Laws 1979, Chapter 369, Section 9, Laws 1953, Chapter 136,
|
0006| Sections 13 through 15, Laws 1974, Chapter 78, Section 18, Laws
|
0007| 1953, Chapter 136, Sections 16 through 20 and Laws 1979,
|
0008| Chapter 369, Section 12, as amended) are repealed.
|
0009| B. Laws 1983, Chapter 297, Section 30 is repealed.
|
0010| Section 247. EFFECTIVE DATE.--The effective date of the
|
0011| provisions of this act is July 1, 1997. State of New Mexico
|
0012| House of Representatives
|
0013|
|
0014| FORTY-THIRD LEGISLATURE
|
0015| FIRST SESSION, 1997
|
0016|
|
0017|
|
0018| March 4, 1997
|
0019|
|
0020|
|
0021| Mr. Speaker:
|
0022|
|
0023| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
|
0024| been referred
|
0025|
|
0001| HOUSE BILL 1160
|
0002|
|
0003| has had it under consideration and reports same with
|
0004| recommendation that it DO NOT PASS, but that
|
0005|
|
0006| HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE
|
0007| FOR HOUSE BILL 1160
|
0008|
|
0009| DO PASS, and thence referred to the GOVERNMENT AND
|
0010| URBAN AFFAIRS COMMITTEE.
|
0011|
|
0012|
|
0013| Respectfully submitted,
|
0014|
|
0015|
|
0016|
|
0017|
|
0018|
|
0019|
|
0020| Fred Luna, Chairman
|
0021|
|
0022|
|
0023| Adopted Not Adopted
|
0024| (Chief Clerk)
|
0025| (Chief Clerk)
|
0001|
|
0002| Date
|
0003|
|
0004| The roll call vote was 7 For 0 Against
|
0005| Yes: 7
|
0006| Excused: Alwin, Gubbels, Hobbs, Kissner, Rodella
|
0007| Absent: Getty
|
0008|
|
0009| G:\BILLTEXT\BILLW_97\H1160 HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR
|
0010| HOUSE BILL 1160
|
0011| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0012|
|
0013|
|
0014|
|
0015|
|
0016|
|
0017|
|
0018|
|
0019| AN ACT
|
0020| RELATING TO LICENSURE; ELIMINATING STATE CONTROL OVER THE NEW
|
0021| MEXICO STATE BOARD OF PUBLIC ACCOUNTANCY, THE PHYSICAL THERAPY
|
0022| BOARD AND THE BOARD OF ACUPUNCTURE AND ORIENTAL MEDICINE AS A
|
0023| PILOT PROJECT; MAKING EXCEPTIONS TO STATE LAWS PERTAINING TO
|
0024| STATE MONEY, PERSONNEL, RETIREMENT, TORT CLAIMS AND ATTORNEY
|
0025| GENERAL AND STATE AUDITOR SERVICES; EXEMPTING THOSE BOARDS AND
|
0001| THEIR EMPLOYEES FROM CERTAIN STATE LAWS AND COVERING THEM UNDER
|
0002| OTHERS; EXTENDING SUNSET DATES; PROVIDING FOR TRANSFERS OF
|
0003| MONEY, APPROPRIATIONS AND OTHER PERSONAL PROPERTY OF THOSE
|
0004| BOARDS; REPEALING THE PHYSICAL THERAPIST ACT; ENACTING THE
|
0005| PHYSICAL THERAPY ACT; AMENDING, REPEALING AND ENACTING SECTIONS
|
0006| OF THE NMSA 1978.
|
0007|
|
0008| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0009| Section 1. Section 61-14A-1 NMSA 1978 (being Laws 1993,
|
0010| Chapter 158, Section 9) is amended to read:
|
0011| "61-14A-1. SHORT TITLE.--[Sections 61-14A-1 through
|
61-14A-21] Chapter 61, Article 14A NMSA 1978 may be cited as
|
0013| the "Acupuncture and Oriental Medicine Practice Act"."
|
0014| Section 2. Section 61-14A-3 NMSA 1978 (being Laws 1993,
|
0015| Chapter 158, Section 11) is amended to read:
|
0016| "61-14A-3. DEFINITIONS.--As used in the Acupuncture and
|
0017| Oriental Medicine Practice Act:
|
0018| A. "acupuncture" means the use of needles inserted
|
0019| into the human body and the use of other modalities and
|
0020| procedures at specific locations on the body for the
|
0021| prevention, cure or correction of any disease, illness, injury,
|
0022| pain or other condition by controlling and regulating the flow
|
0023| and balance of energy and functioning of the person to restore
|
0024| and maintain health;
|
0025| B. "board" means the board of acupuncture and
|
0001| oriental medicine;
|
0002| [C. "department" means the regulation and licensing
|
department;
|
D.] C. "doctor of oriental medicine" means a
|
0005| physician licensed to practice acupuncture and oriental
|
0006| medicine and includes the terms "oriental medical physician",
|
0007| "doctor of acupuncture", "acupuncture physician", "acupuncture
|
0008| practitioner" and "acupuncturist";
|
0009| [E.] D. "moxibustion" means the use of heat on or
|
0010| above specific locations or on acupuncture needles at specific
|
0011| locations on the body for the prevention, cure or correction of
|
0012| any disease, illness, injury, pain or other condition;
|
0013| [F.] E. "oriental medicine" means the distinct
|
0014| system of primary health care that uses all allied techniques
|
0015| of oriental medicine, both traditional and modern, to diagnose,
|
0016| treat and prescribe, as defined in Subsection [G] F of this
|
0017| section, for the prevention, cure or correction of any disease,
|
0018| illness, injury, pain or other physical or mental condition by
|
0019| controlling and regulating the flow and balance of energy and
|
0020| functioning of the person to restore and maintain health; and
|
0021| [G.] F. "techniques of oriental medicine" means the
|
0022| diagnostic and treatment techniques utilized in oriental medicine
|
0023| that include [but are not limited to] diagnostic procedures;
|
0024| acupuncture; moxibustion; manual therapy, also known as tui na;
|
0025| breathing and exercise techniques; dietary, nutritional and
|
0001| lifestyle counseling; and the prescription or administration of
|
0002| any herbal medicine, homeopathic medicine, vitamin, mineral,
|
0003| enzyme or glandular or nutritional supplement."
|
0004| Section 3. Section 61-14A-7 NMSA 1978 (being Laws 1993,
|
0005| Chapter 158, Section 15) is amended to read:
|
0006| "61-14A-7. BOARD CREATED--APPOINTMENT--OFFICERS--
|
0007| COMPENSATION.--
|
0008| A. There is created the "board of acupuncture and
|
0009| oriental medicine".
|
0010| [B. The board shall be administratively attached to the
|
department.
|
C.] B. The board shall consist of seven members
|
0013| appointed by the governor for terms of three years each. Four
|
0014| members of the board shall be doctors of oriental medicine who
|
0015| have been licensed to practice acupuncture and oriental medicine
|
0016| in New Mexico for at least five years and have practiced in New
|
0017| Mexico for at least two years preceding the date of their
|
0018| appointment. Three members shall be appointed to represent the
|
0019| public and shall not have practiced acupuncture and oriental
|
0020| medicine in this or any other jurisdiction or have any financial
|
0021| interest in the profession regulated. No more than two board
|
0022| members shall be:
|
0023| (1) owners of institutes offering educational
|
0024| programs in acupuncture and oriental medicine;
|
0025| (2) faculty members at institutes offering
|
0001| educational programs in acupuncture and oriental medicine;
|
0002| (3) private tutors offering educational programs in
|
0003| acupuncture and oriental medicine; or
|
0004| (4) officers in a professional association of
|
0005| acupuncture and oriental medicine.
|
0006| [D.] C. Members of the board shall be appointed by
|
0007| the governor for staggered terms of three years that shall be made
|
0008| in such a manner that the terms of board members will expire on
|
0009| July 1. When a board member's term has expired, he shall serve
|
0010| until his successor has been appointed and qualified. Vacancies
|
0011| from an unexpired term shall be filled for the remainder of the
|
0012| term in the same manner as the original appointment.
|
0013| [E.] D. No board member shall serve more than two
|
0014| consecutive full terms, and any member failing to attend, after he
|
0015| has received proper notice, three consecutive meetings shall be
|
0016| recommended for removal as a board member unless excused for
|
0017| reasons set forth by rule.
|
0018| [F.] E. The board shall elect annually from its
|
0019| membership a chairman and other officers as necessary to carry out
|
0020| its duties.
|
0021| [G.] F. The board shall meet at least once each year
|
0022| and at other times deemed necessary. Other meetings may be called
|
0023| by the chairman, a majority of board members or the governor. A
|
0024| simple majority of the board members serving constitutes a quorum
|
0025| of the board.
|
0001| [H.] G. Members of the board shall [be reimbursed
|
as provided in the Per Diem and Mileage Act and shall receive no
|
other compensation, perquisite or allowance] serve without
|
0004| compensation other than reasonable reimbursement for mileage and
|
0005| per diem as determined by the board and paid from board funds."
|
0006| Section 4. Section 61-14A-8 NMSA 1978 (being Laws 1993,
|
0007| Chapter 158, Section 16) is amended to read:
|
0008| "61-14A-8. BOARD--POWERS.--In addition to any other
|
0009| authority provided by law, the board shall have the power to:
|
0010| A. enforce the provisions of the Acupuncture and
|
0011| Oriental Medicine Practice Act;
|
0012| B. adopt, publish and file, in accordance with the
|
0013| Uniform Licensing Act and the State Rules Act, all rules and
|
0014| regulations necessary for the implementation and enforcement of
|
0015| the provisions of the Acupuncture and Oriental Medicine Practice
|
0016| Act;
|
0017| C. adopt a code of ethics;
|
0018| D. adopt and use a seal;
|
0019| E. inspect institutes, tutorships and the offices of
|
0020| licensees;
|
0021| F. adopt rules implementing continuing education
|
0022| requirements for the purpose of protecting the health and well-
|
0023| being of the citizens of this state and maintaining and continuing
|
0024| informed professional knowledge and awareness;
|
0025| G. employ agents or attorneys;
|
0001| H. issue investigative subpoenas for the purpose of
|
0002| investigating complaints against licensees prior to the issuance
|
0003| of a notice of contemplated action;
|
0004| I. administer oaths and take testimony on any matters
|
0005| within the board's jurisdiction;
|
0006| J. conduct hearings upon charges relating to the
|
0007| discipline of licensees, including the denial, suspension or
|
0008| revocation of a license in accordance with the Uniform Licensing
|
0009| Act; [and]
|
0010| K. grant, deny, renew, suspend or revoke licenses to
|
0011| practice acupuncture and oriental medicine in accordance with the
|
0012| provisions of the Uniform Licensing Act for any cause stated in
|
0013| the Acupuncture and Oriental Medicine Practice Act or the rules
|
0014| and regulations of the board;
|
0015| L. employ staff it deems necessary to assist it in
|
0016| carrying out its duties pursuant to the Acupuncture and Oriental
|
0017| Medicine Practice Act and may provide for health insurance or
|
0018| other benefits for them. Except as otherwise provided in that
|
0019| act, employees serve at the pleasure of the board and are exempt
|
0020| from the provisions of the Personnel Act; and
|
0021| M. enter into contracts."
|
0022| Section 5. A new section of the Acupuncture and Oriental
|
0023| Medicine Practice Act is enacted to read:
|
0024| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the
|
0025| board, the attorney general shall provide such legal services to
|
0001| the board necessary for the administration of the Acupuncture and
|
0002| Oriental Medicine Practice Act; provided, however, that the board
|
0003| may, in its discretion, employ or contract for the services of
|
0004| other attorneys to assist it in the administration of that act."
|
0005| Section 6. A new section of the Acupuncture and Oriental
|
0006| Medicine Practice Act is enacted to read:
|
0007| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0008| A. The board is specifically exempted from the
|
0009| provisions of the Procurement Code, the Art in Public Places Act,
|
0010| the Information and Communication Management Act and Sections 6-3-
|
0011| 1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1 through 15-3-34
|
0012| NMSA 1978.
|
0013| B. The board is also specifically exempted from the
|
0014| provisions of the Deferred Compensation Act, the Group Benefits
|
0015| Act, the Public Employee Bargaining Act, the Per Diem and Mileage
|
0016| Act and Sections 10-7-1 through 10-7-19 NMSA 1978; provided,
|
0017| however, that an employee of the regulation and licensing
|
0018| department who subsequently becomes employed by the board without
|
0019| a break in service may, by agreement of the board, continue to
|
0020| participate in and be covered by those acts until separation from
|
0021| employment with the board. Where required under those acts, the
|
0022| board shall make contributions for the participating employee.
|
0023| C. The board is also specifically exempted from the
|
0024| provisions of the Public Employees Retirement Act and the Retiree
|
0025| Health Care Act; provided, however, that an employee of the
|
0001| regulation and licensing department who subsequently becomes
|
0002| employed by the board without a break in service may, by agreement
|
0003| of the board, continue to participate in the public employee
|
0004| retirement system under the terms and conditions of the Public
|
0005| Employees Retirement Act and the retiree health care system under
|
0006| the terms and conditions of the Retiree Health Care Act until
|
0007| separation from employment with the board. The board shall make
|
0008| contributions as required by those acts for the participating
|
0009| employee.
|
0010| D. The board is also specifically exempted from the
|
0011| provisions of the Personnel Act; provided, however, that an
|
0012| employee in the classified service in the regulation and licensing
|
0013| department who subsequently becomes employed by the board without
|
0014| a break in service may, by agreement of the board, remain in the
|
0015| classified service and be covered by the Personnel Act until
|
0016| separation from the employment with the board. For all other
|
0017| employees, the board may adopt its own employment policies."
|
0018| Section 7. A new section of the Acupuncture and Oriental
|
0019| Medicine Practice Act is enacted to read:
|
0020| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The board,
|
0021| as an organization and its individual members and employees, is
|
0022| specifically subject to and covered by the provisions of the Tort
|
0023| Claims Act, the Joint Powers Agreements Act, the Inspection of
|
0024| Public Records Act, the Public Records Act, the Open Meetings Act,
|
0025| the Governmental Conduct Act, the Financial Disclosure Act and any
|
0001| other state law applicable to the board unless otherwise
|
0002| specifically exempted in the Acupuncture and Oriental Medicine
|
0003| Practice Act."
|
0004| Section 8. Section 61-14A-18 NMSA 1978 (being Laws 1993,
|
0005| Chapter 158, Section 26) is repealed and a new Section 61-14A-18
|
0006| NMSA 1978 is enacted to read:
|
0007| "61-14A-18. [NEW MATERIAL] BOARD FUNDS.--
|
0008| A. All money received by the board from fees provided
|
0009| for in the Acupuncture and Oriental Medicine Practice Act shall be
|
0010| deposited in an account in a federally insured financial
|
0011| institution qualified to do business in New Mexico. Money in the
|
0012| account shall be withdrawn on the order of the board or its
|
0013| designee and shall be used only to carry out the board's duties
|
0014| pursuant to that act.
|
0015| B. In accordance with the provisions of the Audit Act,
|
0016| the state auditor may examine the accounts and books of the board,
|
0017| including its receipts, disbursements, contracts, leases and other
|
0018| records relating to the performance of its duties pursuant to the
|
0019| Acupuncture and Oriental Medicine Practice Act. In addition, the
|
0020| governor may call for any additional, special audits by the state
|
0021| auditor whenever deemed necessary for the protection and oversight
|
0022| of board funds.
|
0023| C. Money of the board is not public money or state funds
|
0024| within the meaning of any law of the state relating to investment,
|
0025| deposit, security or expenditure of public money."
|
0001| Section 9. Section 61-28A-1 NMSA 1978 (being Laws 1992,
|
0002| Chapter 10, Section 1) is amended to read:
|
0003| "61-28A-1. SHORT TITLE.--[Sections 1 through 26, 28 and 29
|
of this act] Chapter 61, Article 28A NMSA 1978 may be cited as
|
0005| the "Public Accountancy Act"."
|
0006| Section 10. Section 61-28A-3 NMSA 1978 (being Laws 1992,
|
0007| Chapter 10, Section 3) is amended to read:
|
0008| "61-28A-3. DEFINITIONS.--As used in the Public Accountancy
|
0009| Act:
|
0010| A. "board" means the New Mexico state board of public
|
0011| accountancy;
|
0012| B. "certified public accountant" means an individual who
|
0013| has successfully met the certification requirements for certified
|
0014| public accountant set forth in the Public Accountancy Act and who
|
0015| has been granted a certificate by the board;
|
0016| C. "continuing professional education" means courses in
|
0017| accounting, auditing, tax or other functions of public accountancy
|
0018| identified and approved by the board and provided to individuals
|
0019| seeking to maintain a valid permit to practice;
|
0020| D. "firm" means a sole proprietorship, a professional
|
0021| corporation or a partnership;
|
0022| E. "fund" means the [public accountancy fund] board
|
0023| fund;
|
0024| F. "person" means an individual or firm;
|
0025| G. "practice" means the performance of public
|
0001| accountancy or the offering to perform public accountancy for a
|
0002| client or potential client by a person holding himself out to the
|
0003| public as a permit holder or registered firm;
|
0004| H. "practitioner" means a registered firm or an
|
0005| individual engaged in the practice of public accountancy holding a
|
0006| valid certificate and permit;
|
0007| I. "public accountancy" means the performance of one or
|
0008| more kinds of services involving accounting or auditing skills,
|
0009| including the issuance of reports on financial statements, the
|
0010| performance of one or more kinds of management, financial advisory
|
0011| or consulting services, the preparation of tax returns or the
|
0012| furnishing of advice on tax matters;
|
0013| J. "quality review" means a study, appraisal or review
|
0014| of one or more aspects of the accounting and auditing work of a
|
0015| practitioner by a practitioner who is not affiliated with the
|
0016| person being reviewed;
|
0017| K. "reciprocal jurisdiction" means a state or foreign
|
0018| country identified by the board by rule as having standards for
|
0019| authorizing a person to practice public accountancy equivalent to
|
0020| those prescribed in New Mexico law and by board rule;
|
0021| L. "registered firm" means a firm that has been granted
|
0022| a registration by the board pursuant to the Public Accountancy
|
0023| Act;
|
0024| M. "registered public accountant" means an individual
|
0025| who, prior to December 31, 1990, successfully met the
|
0001| certification requirements for registered public accountant set
|
0002| forth in the Public Accountancy Act or in prior law and who has
|
0003| been granted a certificate by the board;
|
0004| N. "report" means an opinion or other writing that:
|
0005| (1) states or implies assurance as to the
|
0006| reliability of any financial statements;
|
0007| (2) includes or is accompanied by any statement or
|
0008| implication that the person issuing it has special knowledge or
|
0009| competency in accounting or auditing indicated by the use of
|
0010| names, titles or abbreviations likely to be understood to identify
|
0011| the author of the report as a practitioner; and
|
0012| (3) includes the following types of reports as they
|
0013| are defined by board rule:
|
0014| (a) a compilation report;
|
0015| (b) a review report; or
|
0016| (c) an audit report;
|
0017| O. "rule" means any written directive of general
|
0018| application duly adopted by the board; and
|
0019| P. "state" means any state or insular possession of the
|
0020| United States, including the District of Columbia, Puerto Rico,
|
0021| the United States Virgin Islands and Guam."
|
0022| Section 11. Section 61-28A-7 NMSA 1978 (being Laws 1992,
|
0023| Chapter 10, Section 7) is amended to read:
|
0024| "61-28A-7. BOARD--OFFICERS--MEETINGS--REIMBURSEMENT.--
|
0025| A. The board shall elect annually from among its members
|
0001| a chairman and a secretary-treasurer. Surety bond coverage shall
|
0002| be in accordance with the Surety Bond Act.
|
0003| B. The board shall meet at such times and places as may
|
0004| be fixed by the board. A majority of the board members then in
|
0005| office shall constitute a quorum at any meeting duly called.
|
0006| Meetings of the board shall be open to the public as required by
|
0007| the Open Meetings Act.
|
0008| C. Each member of the board shall [receive per diem and
|
mileage as provided in the Per Diem and Mileage Act and shall
|
receive no other compensation, perquisite or allowance] serve
|
0011| without compensation other than reasonable reimbursement for
|
0012| mileage and per diem as determined by the board and paid from
|
0013| board funds.
|
0014| D. The limit and extent of immunity provided to members
|
0015| of the board shall be defined by the Tort Claims Act."
|
0016| Section 12. Section 61-28A-8 NMSA 1978 (being Laws 1992,
|
0017| Chapter 10, Section 8, as amended) is amended to read:
|
0018| "61-28A-8. BOARD--POWERS AND DUTIES.--
|
0019| A. The board shall retain or arrange for the retention
|
0020| of all applications, all documents under oath that are filed with
|
0021| the board and all records of its proceedings, and it shall
|
0022| maintain a registry of the names and addresses of all certificate
|
0023| and permit holders and registered firms.
|
0024| B. The board may employ an executive director [as an
|
exempt employee] and such other personnel as it deems necessary
|
0001| for its administration and enforcement of the Public Accountancy
|
0002| Act and provide for health insurance or other benefits for them.
|
0003| Except as otherwise provided in the Public Accountancy Act,
|
0004| employees shall serve at the pleasure of the board and are exempt
|
0005| from the provisions of the Personnel Act.
|
0006| C. The board may retain its own counsel to advise and
|
0007| assist it [in addition to such] or may in its discretion
|
0008| request the advice and assistance [as is provided by] of the
|
0009| attorney general.
|
0010| D. The board may sue and be sued in its official name
|
0011| [as an agency of New Mexico]. To promote fair and complete
|
0012| investigations and hearings, the board may issue subpoenas to
|
0013| compel the attendance of witnesses and the production of
|
0014| documents, administer oaths, take testimony and receive evidence
|
0015| concerning all matters within its jurisdiction according to the
|
0016| provisions of the Uniform Licensing Act and pursuant to rules
|
0017| adopted by the board.
|
0018| E. The board shall adopt rules governing its
|
0019| administration and enforcement of the Public Accountancy Act. All
|
0020| rulemaking activities shall be carried out pursuant to the
|
0021| provisions of the Uniform Licensing Act.
|
0022| F. The board may conduct investigations and hearings
|
0023| upon its own motion or after receiving notice from any person of
|
0024| an alleged violation of the Public Accountancy Act. All hearings
|
0025| regarding alleged violations of that act shall be conducted
|
0001| pursuant to the provisions of the Uniform Licensing Act.
|
0002| Injunctions and appeals from board orders or decisions shall be
|
0003| pursued according to the provisions of the Uniform Licensing Act
|
0004| and the rules of civil procedure in the district courts.
|
0005| G. The board shall promulgate rules governing the
|
0006| professional and ethical conduct of practitioners.
|
0007| H. The board shall exercise such powers as are necessary
|
0008| to carry out the provisions of the Public Accountancy Act.
|
0009| I. The board shall establish by rule the standards and
|
0010| means by which a practitioner may use a title, designation or
|
0011| abbreviation that indicates he is a specialist or has special
|
0012| expertise in conjunction with the practice of public accountancy."
|
0013| Section 13. A new section of the Public Accountancy Act is
|
0014| enacted to read:
|
0015| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0016| A. The board is specifically exempted from the
|
0017| provisions of the Procurement Code, the Art in Public Places Act,
|
0018| the Information and Communication Management Act and Sections 6-3-
|
0019| 1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1 through 15-3-34
|
0020| NMSA 1978.
|
0021| B. The board is also specifically exempted from the
|
0022| provisions of the Deferred Compensation Act, the Group Benefits
|
0023| Act, the Public Employee Bargaining Act, the Per Diem and Mileage
|
0024| Act and Sections 10-7-1 through 10-7-19 NMSA 1978; provided,
|
0025| however, that an employee of the regulation and licensing
|
0001| department who subsequently becomes employed by the board without
|
0002| a break in service may, by agreement of the board, continue to
|
0003| participate in and be covered by those acts until separation from
|
0004| employment with the board. Where required under those acts, the
|
0005| board shall make contributions for the participating employee.
|
0006| C. The board is also specifically exempted from the
|
0007| provisions of the Public Employees Retirement Act and the Retiree
|
0008| Health Care Act; provided, however, that an employee of the
|
0009| regulation and licensing department who subsequently becomes
|
0010| employed by the board without a break in service may, by agreement
|
0011| of the board, continue to participate in the public employee
|
0012| retirement system under the terms and conditions of the Public
|
0013| Employees Retirement Act and the retiree health care system under
|
0014| the terms and conditions of the Retiree Health Care Act until
|
0015| separation from employment with the board. The board shall make
|
0016| contributions as required by those acts for the participating
|
0017| employee.
|
0018| D. The board is also specifically exempted from the
|
0019| provisions of the Personnel Act; provided, however, that an
|
0020| employee in the classified service in the regulation and licensing
|
0021| department who subsequently becomes employed by the board without
|
0022| a break in service may, by agreement of the board, remain in the
|
0023| classified service and be covered by the Personnel Act until
|
0024| separation from employment with the board. For all other
|
0025| employees, the board may adopt its own employment policies."
|
0001| Section 14. A new section of the Public Accountancy Act is
|
0002| enacted to read:
|
0003| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The board,
|
0004| as an organization and its individual members and employees, is
|
0005| specifically subject to and covered by the provisions of the Tort
|
0006| Claims Act, the Joint Powers Agreements Act, the Inspection of
|
0007| Public Records Act, the Public Records Act, the Open Meetings Act,
|
0008| the Governmental Conduct Act, the Financial Disclosure Act and any
|
0009| other state law applicable to the board unless otherwise
|
0010| specifically exempted in the Public Accountancy Act."
|
0011| Section 15. Section 61-28A-22 NMSA 1978 (being Laws 1992,
|
0012| Chapter 10, Section 22) is repealed and a new Section 61-28A-22
|
0013| NMSA 1978 is enacted to read:
|
0014| "61-28A-22. [NEW MATERIAL] BOARD FUNDS.--
|
0015| A. All money received by the board from fees provided
|
0016| for in the Public Accountancy Act shall be deposited in an account
|
0017| in a federally insured financial institution qualified to do
|
0018| business in New Mexico. Money in the account shall be withdrawn
|
0019| on the order of the board or its designee and shall only be used
|
0020| to carry out the board's duties pursuant to that act.
|
0021| B. In accordance with the provisions of the Audit Act,
|
0022| the state auditor may examine the accounts and books of the board,
|
0023| including its receipts, disbursements, contracts, leases and other
|
0024| records relating to the performance of its duties pursuant to the
|
0025| Public Accountancy Act. In addition, the governor may call for
|
0001| any additional, special audits by the state auditor whenever
|
0002| deemed necessary for the protection and oversight of board funds.
|
0003| C. Money of the board is not public money or state funds
|
0004| within the meaning of any law of the state relating to investment,
|
0005| deposit, security or expenditure of public money."
|
0006| Section 16. [NEW MATERIAL] SHORT TITLE.--Sections 16
|
0007| through 34 of this act may be cited as the "Physical Therapy Act".
|
0008| Section 17. [NEW MATERIAL] LEGISLATIVE PURPOSE.--The
|
0009| purpose of the Physical Therapy Act is to protect the public
|
0010| health, safety and welfare and provide for control, supervision,
|
0011| licensure and regulation of the practice of physical therapy. To
|
0012| carry out those purposes, only individuals who meet and maintain
|
0013| minimum standards of competence and conduct may engage in the
|
0014| practice of physical therapy. The practice of physical therapy is
|
0015| declared to affect the public interest and that act shall be
|
0016| liberally construed so as to accomplish the purpose stated in that
|
0017| act.
|
0018| Section 18. [NEW MATERIAL] DEFINITIONS.--As used in the
|
0019| Physical Therapy Act:
|
0020| A. "assistive personnel" means physical therapist
|
0021| assistants, physical therapy aides and other assistive personnel;
|
0022| B. "board" means the physical therapy board;
|
0023| C. "other assistive personnel" means trained or educated
|
0024| personnel other than physical therapist assistants or physical
|
0025| therapy aides who perform specific designated tasks related to
|
0001| physical therapy under the supervision of a physical therapist.
|
0002| At the discretion of the supervising physical therapist and if not
|
0003| prohibited by any other law, it may be appropriate for other
|
0004| assistive personnel to be identified by the title specific to
|
0005| their training or education;
|
0006| D. "person" means an individual or other legal entity;
|
0007| E. "physical therapist" means a person who is licensed
|
0008| in this state to practice physical therapy;
|
0009| F. "physical therapist assistant" means a person who
|
0010| performs physical therapy procedures and related tasks pursuant to
|
0011| a plan of care written by the supervising physical therapist;
|
0012| G. "physical therapy" means the care and services
|
0013| provided by or under the direction and supervision of a physical
|
0014| therapist;
|
0015| H. "physical therapy aide" means a person trained under
|
0016| the direction of a physical therapist who performs designated and
|
0017| supervised routine physical therapy tasks;
|
0018| I. "practice of physical therapy" means:
|
0019| (1) examining and evaluating patients with
|
0020| mechanical, physiological and developmental impairments,
|
0021| functional limitations and disabilities or other health-related
|
0022| conditions in order to determine a diagnosis, prognosis and
|
0023| planned therapeutic intervention;
|
0024| (2) alleviating impairments and functional
|
0025| limitations by designing, implementing and modifying therapeutic
|
0001| interventions that include therapeutic exercise; functional
|
0002| training in self-care and community or work reintegration; manual
|
0003| therapy techniques, including soft tissue and joint mobilization
|
0004| and manipulation; therapeutic massage; assistive and adaptive
|
0005| devices and equipment; bronchopulmonary hygiene; debridement and
|
0006| wound care; physical agents; mechanical and electrotherapeutic
|
0007| modalities; and patient-related instruction;
|
0008| (3) preventing injury, impairments, functional
|
0009| limitations and disability, including the promotion and
|
0010| maintenance of fitness, health and quality of life in all age
|
0011| populations; and
|
0012| (4) engaging in consultation, testing, education
|
0013| and research; and
|
0014| J. "restricted license" means a license to which
|
0015| restrictions or conditions as to scope of practice, place of
|
0016| practice, supervision of practice, duration of licensed status or
|
0017| type or condition of patient or client served are imposed by the
|
0018| board.
|
0019| Section 19. [NEW MATERIAL] BOARD CREATED.--
|
0020| A. The "physical therapy board" is created. The board
|
0021| shall consist of five members appointed by the governor. Three
|
0022| members shall be physical therapists who are residents of the
|
0023| state, who possess unrestricted licenses to practice physical
|
0024| therapy and who have been practicing in New Mexico for no less
|
0025| than five years. Two members shall be citizens appointed from the
|
0001| public at large who are not associated with, or financially
|
0002| interested in, any health care profession.
|
0003| B. All appointments shall be made for staggered terms of
|
0004| three years with no more than two terms ending at any one time.
|
0005| No member shall serve for more than two successive three-year
|
0006| terms. Vacancies shall be filled for the unexpired term by
|
0007| appointment by the governor prior to the next scheduled board
|
0008| meeting.
|
0009| C. The governor may remove any member of the board for
|
0010| misconduct, incompetence or neglect of duty.
|
0011| D. Members shall serve without compensation other than
|
0012| reasonable reimbursement for mileage and per diem as determined by
|
0013| the board and paid from board funds.
|
0014| E. There shall be no liability on the part of and no
|
0015| action for damages against any board member when the member is
|
0016| acting within the scope of his duties.
|
0017| Section 20. [NEW MATERIAL] POWERS AND DUTIES.--The board:
|
0018| A. shall examine all applicants for licensure to
|
0019| practice physical therapy and issue licenses or permits to those
|
0020| who are duly qualified;
|
0021| B. shall regulate the practice of physical therapy by
|
0022| interpreting and enforcing the provisions of the Physical Therapy
|
0023| Act, including taking disciplinary action;
|
0024| C. may adopt, file, amend or repeal rules and
|
0025| regulations in accordance with the Uniform Licensing Act to carry
|
0001| out the provisions of the Physical Therapy Act;
|
0002| D. may meet as often as the board deems necessary in
|
0003| compliance with the Open Meetings Act. A majority of the members
|
0004| constitutes a quorum for the transaction of business. The board
|
0005| shall keep an official record of all its proceedings;
|
0006| E. may establish requirements for assessing continuing
|
0007| competency;
|
0008| F. may establish and collect fees for sustaining the
|
0009| necessary operation and expenses of the board;
|
0010| G. may expend board funds as it deems necessary for
|
0011| carrying out the purposes and for the administration of the
|
0012| Physical Therapy Act;
|
0013| H. may establish, impose and collect fines for
|
0014| violations of the Physical Therapy Act;
|
0015| I. may elect such officers as it deems necessary for the
|
0016| operations and obligations of the board. Terms of office shall be
|
0017| one year;
|
0018| J. shall provide for the timely orientation and training
|
0019| of new professional and public appointees to the board, including
|
0020| training in licensing and disciplinary procedures and orientation
|
0021| to all statutes, rules, policies and procedures of the board;
|
0022| K. may employ an executive secretary and other personnel
|
0023| to carry out the administrative work of the board. The board may
|
0024| provide for health insurance or other benefits for those persons.
|
0025| Except as otherwise provided in the Physical Therapy Act, persons
|
0001| employed by the board serve at the pleasure of the board and are
|
0002| exempt from the provisions of the Personnel Act;
|
0003| L. may enter into contracts for services determined to
|
0004| be necessary for adequate administration and enforcement of the
|
0005| Physical Therapy Act;
|
0006| M. shall report final disciplinary action taken against
|
0007| a physical therapist or physical therapist assistant to the
|
0008| national disciplinary data base;
|
0009| N. shall publish at least annually final disciplinary
|
0010| action taken against any physical therapist or physical therapist
|
0011| assistant; and
|
0012| O. may prescribe the forms of license certificates,
|
0013| application forms and such other documents as it deems necessary
|
0014| to carrying out of the provisions of the Physical Therapy Act.
|
0015| Section 21. [NEW MATERIAL] BOARD FUNDS.--
|
0016| A. All money received by the board from fees provided
|
0017| for in the Physical Therapy Act shall be deposited in an account
|
0018| in a federally insured financial institution qualified to do
|
0019| business in New Mexico. Money in the account shall be withdrawn
|
0020| on the order of the board or its designee and shall be used only
|
0021| to carry out the board's duties under the Physical Therapy Act.
|
0022| B. Pursuant to the Audit Act, the state auditor or his
|
0023| legally authorized representatives may examine the accounts and
|
0024| books of the board, including its receipts, disbursements,
|
0025| contracts, leases and any other records relating to the
|
0001| performance of its duties under the Physical Therapy Act. In
|
0002| addition, the governor may call for additional, special audits to
|
0003| be conducted by the state auditor or his legally authorized
|
0004| representatives whenever deemed necessary for the protection and
|
0005| oversight of board funds.
|
0006| C. Money of the board is not public money or state funds
|
0007| within the meaning of any law of the state relating to investment,
|
0008| deposit, security or expenditure of public money.
|
0009| Section 22. [NEW MATERIAL] LEGAL SERVICES.--Upon request
|
0010| of the board, the attorney general shall provide such legal
|
0011| services to the board necessary for the administration of the
|
0012| Physical Therapy Act. The board may, within its discretion,
|
0013| employ or contract for the services of licensed attorneys to
|
0014| assist it in the administration of the Physical Therapy Act.
|
0015| Section 23. [NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
|
0016| A. The board is specifically exempted from the
|
0017| provisions of the Procurement Code, the Art in Public Places Act,
|
0018| the Information and Communication Management Act and Sections
|
0019| 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1 through
|
0020| 15-3-34 NMSA 1978.
|
0021| B. The board is also specifically exempted from the
|
0022| provisions of the Deferred Compensation Act, the Group Benefits
|
0023| Act, the Public Employee Bargaining Act, the Per Diem and Mileage
|
0024| Act and Sections 10-7-1 through 10-7-19 NMSA 1978; provided,
|
0025| however, that an employee of the regulation and licensing
|
0001| department who subsequently becomes employed by the board without
|
0002| a break in service may, by agreement of the board, continue to
|
0003| participate in and be covered by the provisions of those acts
|
0004| until separation from employment with the board. Where required
|
0005| under those acts, the board shall make contributions for
|
0006| participating employees.
|
0007| C. The board is also specifically exempted from the
|
0008| provisions of the Public Employees Retirement Act and the Retiree
|
0009| Health Care Act; provided, however, that an employee of the
|
0010| regulation and licensing department who subsequently becomes
|
0011| employed by the board without a break in service may, by agreement
|
0012| of the board, continue to participate in the public employee
|
0013| retirement system under the terms and conditions of the Public
|
0014| Employees Retirement Act and the retiree health care system under
|
0015| the terms and conditions of the Retiree Health Care Act until
|
0016| separation from employment with the board. The board shall make
|
0017| contributions as required by those acts for a participating
|
0018| employee.
|
0019| D. The board is also specifically exempted from the
|
0020| provisions of the Personnel Act; provided, however, that an
|
0021| employee in the classified service in the regulation and licensing
|
0022| department who subsequently becomes employed by the board without
|
0023| a break in service may, by agreement of the board, remain in the
|
0024| classified service and be covered by the Personnel Act until
|
0025| separation from employment with the board. For all other
|
0001| employees, the board may adopt its own employment policies.
|
0002| Section 24. [NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--
|
0003| The board, as an organization and its individual members and
|
0004| employees, is specifically subject to and covered by the
|
0005| provisions of the Tort Claims Act, the Joint Powers Agreements
|
0006| Act, the Inspection of Public Records Act, the Public Records Act,
|
0007| the Open Meetings Act, the Governmental Conduct Act, the Financial
|
0008| Disclosure Act and any other state law applicable to the board
|
0009| unless otherwise specifically exempted in the Physical Therapy
|
0010| Act.
|
0011| Section 25. [NEW MATERIAL] PRACTICE OF PHYSICAL THERAPY--
|
0012| LICENSE REQUIRED.--
|
0013| A. No person shall practice or hold himself out to be
|
0014| engaging in the practice of physical therapy or designate himself
|
0015| as a physical therapist unless he is licensed as a physical
|
0016| therapist or is exempt from licensure as provided in the Physical
|
0017| Therapy Act.
|
0018| B. No person shall designate himself or act as a
|
0019| physical therapist assistant unless he is licensed as a physical
|
0020| therapist assistant or is exempt from licensure as provided in the
|
0021| Physical Therapy Act.
|
0022| C. A physical therapist shall refer persons under his
|
0023| care to the appropriate health care practitioner if the physical
|
0024| therapist has reasonable cause to believe symptoms or conditions
|
0025| are present that require services beyond his scope of practice or
|
0001| when physical therapy is contraindicated.
|
0002| D. Physical therapists or physical therapist assistants
|
0003| shall adhere to the recognized standards of ethics of the physical
|
0004| therapy profession.
|
0005| Section 26. [NEW MATERIAL] USE OF TITLES--RESTRICTIONS.--
|
0006| A. A physical therapist shall use the letters "PT" in
|
0007| connection with his name or place of business to denote licensure
|
0008| pursuant to the Physical Therapy Act.
|
0009| B. It is unlawful for a person or his employees, agents
|
0010| or representatives to use in connection with his name or the name
|
0011| or activity of the business the words "physical therapy",
|
0012| "physical therapist", "physiotherapy", "physiotherapist",
|
0013| "registered physical therapist", the letters "PT", "LPT", "RPT",
|
0014| "MPT", "DPT" or any other words, abbreviations or insignia
|
0015| indicating or implying directly or indirectly that physical
|
0016| therapy is provided or supplied, including the billing of services
|
0017| labeled as physical therapy, unless the services are provided by
|
0018| or under the direction of a physical therapist.
|
0019| C. A physical therapist assistant shall use the letters
|
0020| "PTA" in connection with his name to denote licensure.
|
0021| D. No person shall use the title "physical therapist
|
0022| assistant" or use the letters "PTA" in connection with his name or
|
0023| any other words, abbreviations or insignia indicating or implying
|
0024| directly or indirectly that he is a physical therapist assistant
|
0025| unless he has graduated from an accredited physical therapist
|
0001| assistant education program approved by the board and has met the
|
0002| requirements of the Physical Therapy Act.
|
0003| Section 27. [NEW MATERIAL] LICENSURE--QUALIFICATIONS.--
|
0004| A. An applicant for licensure as a physical therapist
|
0005| shall have the following minimum qualifications:
|
0006| (1) be of good moral character;
|
0007| (2) be a graduate of an accredited physical therapy
|
0008| program approved by the board;
|
0009| (3) have successfully passed the national physical
|
0010| therapy examination approved by the board; and
|
0011| (4) have successfully passed the state
|
0012| jurisprudence examination.
|
0013| B. An applicant for licensure as a physical therapist
|
0014| who has been educated outside the United States must meet the
|
0015| following minimum qualifications:
|
0016| (1) provide satisfactory evidence that his
|
0017| education is substantially equivalent to the requirements of
|
0018| physical therapists educated in accredited educational programs in
|
0019| the United States, as determined by the board. If the board
|
0020| determines that a foreign-educated applicant's education is not
|
0021| substantially equivalent, it may require completion of additional
|
0022| course work before proceeding with the application process;
|
0023| (2) provide evidence that he is a graduate of a
|
0024| school of training that is recognized by the foreign country's own
|
0025| ministry of education or similar institution;
|
0001| (3) provide written proof of authorization to
|
0002| practice as a physical therapist without limitations in the legal
|
0003| jurisdiction where the post-secondary institution from which the
|
0004| applicant has graduated is located;
|
0005| (4) provide proof of legal authorization to reside
|
0006| and seek employment in the United States or its territories;
|
0007| (5) have his educational credentials evaluated by a
|
0008| board-approved credential evaluation agency;
|
0009| (6) pass all approved English proficiency
|
0010| examinations as may be prescribed by the board if English is not
|
0011| his primary language; and
|
0012| (7) participate in an interim supervised clinical
|
0013| practice period as may be prescribed by the board.
|
0014| C. The board may issue an interim permit to a
|
0015| foreign-trained applicant who satisfies the board's requirements.
|
0016| An interim permit shall be issued for the purpose of participating
|
0017| in a supervised clinical practice period.
|
0018| D. If the foreign-educated physical therapist applicant
|
0019| is a graduate of a college accredited by the commission on
|
0020| accreditation in physical therapy education, the requirements of
|
0021| Paragraphs (1), (2), (5) and (7) of Subsection B of this section
|
0022| are waived.
|
0023| E. An applicant for licensure as a physical therapist
|
0024| assistant shall meet the following minimum requirements:
|
0025| (1) be of good moral character;
|
0001| (2) have completed the application process;
|
0002| (3) be a graduate of an accredited physical
|
0003| therapist assistant program approved by the board;
|
0004| (4) have successfully passed the national physical
|
0005| therapy examination approved by the board; and
|
0006| (5) have successfully passed the state
|
0007| jurisprudence examination.
|
0008| F. An applicant for licensure as a physical therapist or
|
0009| physical therapist assistant shall file a written application on
|
0010| forms provided by the board. A nonrefundable application fee and
|
0011| the cost of the examination shall accompany the completed written
|
0012| application. Fees shall be established by board rule.
|
0013| G. The board shall review applicants for physical
|
0014| therapy licensure after all application processes are completed.
|
0015| The national physical therapy examination shall test entry-level
|
0016| competency related to physical therapy theory, evaluation,
|
0017| treatment intervention, prevention and consultation.
|
0018| H. The board shall review applicants for physical
|
0019| therapist assistant licensure after all application processes are
|
0020| completed. The national examination shall test for requisite
|
0021| knowledge and skills.
|
0022| I. The board shall require proof of passage of a
|
0023| jurisprudence examination on state laws, rules and regulations
|
0024| that pertain to the practice of physical therapy.
|
0025| J. Applicants who fail to pass the examinations shall be
|
0001| subject to requirements determined by board regulations prior to
|
0002| being approved by the board for subsequent testing.
|
0003| K. The board or its designee shall issue a license to a
|
0004| physical therapist or physical therapist assistant who has a valid
|
0005| unrestricted license from another United States jurisdiction and
|
0006| who meets all requirements for licensure in New Mexico.
|
0007| L. Prior to licensure, if prescribed by the board, the
|
0008| board or its designee may issue a temporary nonrenewable license
|
0009| to a physical therapist or physical therapist assistant who has
|
0010| completed the education and experience requirements of the
|
0011| Physical Therapist Act. The temporary license shall allow the
|
0012| applicant to practice physical therapy under the supervision of a
|
0013| licensed physical therapist until a permanent license is approved
|
0014| that shall include passing the national physical therapy
|
0015| examination.
|
0016| M. The board or its designee may issue a temporary
|
0017| license to a physical therapist or physical therapist assistant
|
0018| performing physical therapy while teaching an educational seminar
|
0019| who has met the requirements established by regulation of the
|
0020| board.
|
0021| N. A physical therapist or physical therapist assistant
|
0022| licensed under the provisions of the Physical Therapy Act shall
|
0023| renew his license as specified in board rules. A person who fails
|
0024| to renew his license by the date of expiration shall not practice
|
0025| physical therapy in New Mexico.
|
0001| O. Reinstatement of a lapsed license following a renewal
|
0002| deadline requires payment of a renewal fee and late penalty as
|
0003| specified by board rules.
|
0004| P. Reinstatement of a physical therapist or physical
|
0005| therapist assistant license that has lapsed for more than three
|
0006| years, without evidence of continued practice in another state
|
0007| pursuant to a valid unrestricted license in that state, requires
|
0008| reapplication and payment of fees, as specified in board rules.
|
0009| The board shall promulgate rules establishing the qualifications
|
0010| for reinstatement of a lapsed license.
|
0011| Q. The board shall establish, by rule, activities to
|
0012| periodically assess continuing competence to practice physical
|
0013| therapy. The board may implement remedial actions if necessary to
|
0014| require continuing competence as a condition of relicensure.
|
0015| Section 28. [NEW MATERIAL] EXEMPTIONS.--The following
|
0016| persons are exempt from licensure as physical therapists under the
|
0017| Physical Therapy Act:
|
0018| A. a person who is pursuing a course of study leading to
|
0019| a degree as a physical therapist in an entry-level education
|
0020| program approved by the board and is satisfying supervised
|
0021| clinical education requirements related to his physical therapy
|
0022| education; and
|
0023| B. a physical therapist practicing in the United States
|
0024| armed services, United States public health service or veterans
|
0025| administration as based on requirements under federal regulations
|
0001| for state licensure of health care providers.
|
0002| Section 29. [NEW MATERIAL] SUPERVISION.--
|
0003| A. A physical therapist is responsible for patient care
|
0004| given by assistive personnel under his supervision. A physical
|
0005| therapist may delegate to assistive personnel and supervise
|
0006| selected acts, tasks or procedures that fall within the scope of
|
0007| physical therapy practice but do not exceed the assistive
|
0008| personnel's education or training.
|
0009| B. A physical therapist assistant shall function under
|
0010| the supervision of a physical therapist as prescribed by rules of
|
0011| the board.
|
0012| C. Physical therapy aides and other assistive personnel
|
0013| shall perform patient care activities under on-site supervision of
|
0014| a physical therapist. "On-site supervision" means the supervising
|
0015| physical therapist shall:
|
0016| (1) be continuously on-site and present in the
|
0017| department or facility where the assistive personnel are
|
0018| performing services;
|
0019| (2) be immediately available to assist the person
|
0020| being supervised in the services being performed; and
|
0021| (3) maintain continued involvement in appropriate
|
0022| aspects of each treatment session in which a component of
|
0023| treatment is delegated to assistive personnel.
|
0024| Section 30. [NEW MATERIAL] GROUNDS FOR DISCIPLINARY
|
0025| ACTION.--The following conduct, acts or conditions constitute
|
0001| grounds for disciplinary action:
|
0002| A. practicing physical therapy in violation of the
|
0003| provisions of the Physical Therapy Act or rules adopted by the
|
0004| board;
|
0005| B. practicing or offering to practice beyond the scope
|
0006| of physical therapy practice as defined in the Physical Therapy
|
0007| Act;
|
0008| C. obtaining or attempting to obtain a license by fraud
|
0009| or misrepresentation;
|
0010| D. engaging in or permitting the performance of
|
0011| negligent care by a physical therapist or by assistive personnel
|
0012| working under the physical therapist's supervision, regardless of
|
0013| whether actual injury to the patient is established;
|
0014| E. engaging in the performance of negligent care by a
|
0015| physical therapist assistant, regardless of whether actual injury
|
0016| to the patient is established. This includes exceeding the
|
0017| authority to perform tasks pursuant to the plan of care written by
|
0018| the supervising physical therapist;
|
0019| F. having been convicted of a felony in the courts of
|
0020| this state or any other state, territory or country, subject to
|
0021| the Criminal Offender Employment Act. Conviction includes a
|
0022| finding or verdict of guilt, an admission of guilt or a plea of
|
0023| nolo contendere. A copy of the record of conviction, certified by
|
0024| the clerk of the court entering the conviction, is conclusive
|
0025| evidence;
|
0001| G. practicing as a physical therapist or working as a
|
0002| physical therapist assistant when physical or mental abilities are
|
0003| impaired by the habitual or excessive use of controlled
|
0004| substances, other habit-forming drugs, chemicals or alcohol;
|
0005| H. having had a license revoked or suspended; other
|
0006| disciplinary action taken; or an application for licensure
|
0007| refused, revoked or suspended by the proper authorities of another
|
0008| state, territory or country based upon acts by the licensee
|
0009| similar to acts described in this section. A certified copy of
|
0010| the record of suspension, revocation or other disciplinary action
|
0011| taken by the state taking the disciplinary action is conclusive
|
0012| evidence;
|
0013| I. if a physical therapist, failing to adequately
|
0014| supervise assistive personnel;
|
0015| J. engaging in sexual misconduct, including engaging in
|
0016| or soliciting sexual relationships with a patient, whether
|
0017| consensual or nonconsensual, while a physical therapist- or
|
0018| physical therapist assistant-patient relationship exists; or
|
0019| sexual harassment of a patient that includes making sexual
|
0020| advances, requesting sexual favors and engaging in other verbal
|
0021| conduct or physical contact of a sexual nature while a physical
|
0022| therapist- or physical therapist assistant-patient relationship
|
0023| exists;
|
0024| K. directly or indirectly requesting, receiving or
|
0025| participating in the dividing, transferring, assigning, rebating
|
0001| or refunding of an unearned fee; or profiting by means of a credit
|
0002| or other valuable consideration such as an unearned commission,
|
0003| discount or gratuity in connection with the furnishing of physical
|
0004| therapy services. Nothing in this subsection prohibits the
|
0005| members of any regularly and properly organized business entity
|
0006| recognized by law and comprised of physical therapists from
|
0007| dividing fees received for professional services among themselves
|
0008| as they determine by contract necessary to defray their joint
|
0009| operating expense;
|
0010| L. failing to adhere to the recognized standards of
|
0011| ethics of the physical therapy profession;
|
0012| M. charging unreasonable or fraudulent fees for services
|
0013| performed or not performed;
|
0014| N. making misleading, deceptive, untrue or fraudulent
|
0015| representations in the practice of physical therapy;
|
0016| O. having been adjudged mentally incompetent by a court
|
0017| of competent jurisdiction;
|
0018| P. aiding or abetting an unlicensed person to perform
|
0019| activities requiring a license;
|
0020| Q. failing to report to the board any act or omission of
|
0021| a licensee, applicant or other person that violates the provisions
|
0022| of the Physical Therapy Act;
|
0023| R. interfering with or refusing to cooperate in an
|
0024| investigation or disciplinary proceeding of the board, including
|
0025| misrepresentation of facts or by the use of threats or harassment
|
0001| against any patient or witness to prevent them from providing
|
0002| evidence in a disciplinary proceeding;
|
0003| S. failing to maintain patient confidentiality without
|
0004| prior written consent or unless otherwise provided by law;
|
0005| T. impersonating another person licensed to practice
|
0006| physical therapy, permitting or allowing any person to use the
|
0007| physical therapist's or physical therapist assistant's license or
|
0008| practicing physical therapy under a false or assumed name;
|
0009| U. failure to report to the board the surrendering of a
|
0010| license or other authorization to practice physical therapy in
|
0011| another state or jurisdiction or the surrendering of membership in
|
0012| any professional association following, in lieu of or while under
|
0013| disciplinary investigation by any of those authorities or bodies
|
0014| for acts or conduct similar to acts or conduct that would
|
0015| constitute grounds for action as defined in this section; and
|
0016| V. abandonment of patients.
|
0017| Section 31. [NEW MATERIAL] CONSUMER PROTECTION.--
|
0018| A. Any person, including a licensee; corporation;
|
0019| insurance company; health care organization; health care facility;
|
0020| and state, federal or local governmental agency, shall report to
|
0021| the board any conviction, determination or finding that a licensee
|
0022| has committed an act that constitutes a violation of the Physical
|
0023| Therapy Act. The person is immune from civil liability for
|
0024| providing information in good faith to the board. Failure by a
|
0025| licensee to report a violation of the Physical Therapy Act shall
|
0001| constitute grounds for disciplinary action.
|
0002| B. The board may permit an impaired physical therapist
|
0003| or assistive personnel to actively participate in a board-approved
|
0004| substance abuse treatment program under the following conditions:
|
0005| (1) the board has evidence indicating that the
|
0006| licensee is an impaired professional;
|
0007| (2) the licensee has not been convicted of a felony
|
0008| relating to a controlled substance in a court of law of the United
|
0009| States or any other territory or country;
|
0010| (3) the impaired professional enters into a written
|
0011| agreement with the board and complies with all the terms of the
|
0012| agreement, including making satisfactory progress in the program
|
0013| and adhering to any limitations on his practice imposed by the
|
0014| board to protect the public. Failure to enter into such an
|
0015| agreement shall disqualify the professional from the voluntary
|
0016| substance abuse program; and
|
0017| (4) as part of the agreement established between
|
0018| the licensee and the board, the licensee shall sign a waiver
|
0019| allowing the substance abuse program to release information to the
|
0020| board if the licensee does not comply with the requirements of
|
0021| this section or is unable to practice with reasonable skill or
|
0022| safety.
|
0023| C. The public shall have access to information pursuant
|
0024| to the Inspection of Public Records Act.
|
0025| D. The board shall conduct its meetings and disciplinary
|
0001| hearings in accordance with the Open Meetings Act.
|
0002| E. Physical therapists and physical therapist assistants
|
0003| shall disclose in writing to patients if the referring health care
|
0004| practitioner is deriving direct or indirect compensation from the
|
0005| referral to physical therapy.
|
0006| F. Physical therapists and physical therapist assistants
|
0007| shall disclose any financial interest in products they endorse and
|
0008| recommend to their patients.
|
0009| G. The licensee has the responsibility to ensure that
|
0010| the patient has knowledge of freedom of choice in services and
|
0011| products.
|
0012| H. The physical therapist or physical therapist
|
0013| assistant shall not promote an unnecessary device, treatment
|
0014| intervention or service for the financial gain of himself or
|
0015| another person.
|
0016| I. The physical therapist or physical therapist
|
0017| assistant shall not provide treatment intervention unwarranted by
|
0018| the condition of the patient, nor shall he continue treatment
|
0019| beyond the point of reasonable benefit.
|
0020| J. A person may submit a complaint regarding a physical
|
0021| therapist, physical therapist assistant or other person
|
0022| potentially in violation of the Physical Therapy Act. The board
|
0023| shall keep all information relating to the receiving and
|
0024| investigation of complaints filed against licensees confidential
|
0025| until the information becomes public record according to the
|
0001| Inspection of Public Records Act.
|
0002| K. Each licensee shall display a copy of his license and
|
0003| current renewal verification in a location accessible to public
|
0004| view at his place of practice.
|
0005| Section 32. [NEW MATERIAL] DISCIPLINARY ACTIONS--
|
0006| PENALTIES.--
|
0007| A. The board, upon satisfactory proof that any grounds
|
0008| enumerated in Section 30 of this act have been violated, may take
|
0009| the following disciplinary action singly or in combination:
|
0010| (1) issue a letter of censure or reprimand;
|
0011| (2) issue a restricted license, including requiring
|
0012| the licensee to report regularly to the board on matters related
|
0013| to the grounds for the restricted license;
|
0014| (3) suspend a license for a period determined by
|
0015| the board;
|
0016| (4) revoke a license;
|
0017| (5) refuse to issue or renew a license;
|
0018| (6) impose fines in accordance with the Physical
|
0019| Therapy Act; and
|
0020| (7) accept a voluntary surrendering of a license.
|
0021| B. Disciplinary actions of the board shall be taken in
|
0022| accordance with the Uniform Licensing Act.
|
0023| C. The board may institute any legal proceedings
|
0024| necessary to effect compliance with the Physical Therapy Act,
|
0025| including:
|
0001| (1) receiving and investigating complaints filed
|
0002| against licensees;
|
0003| (2) conducting an investigation at any time and on
|
0004| its own initiative without receipt of a written complaint if the
|
0005| board has reason to believe that there may be a violation of the
|
0006| Physical Therapy Act;
|
0007| (3) issuing subpoenas and compelling the attendance
|
0008| of witnesses or the production of documents relative to the case;
|
0009| and
|
0010| (4) appointing hearing officers. Hearing officers
|
0011| shall prepare and submit to the board findings of fact,
|
0012| conclusions of law and an order that shall be reviewed and voted
|
0013| upon by the board.
|
0014| Section 33. [NEW MATERIAL] UNLAWFUL PRACTICE--CRIMINAL
|
0015| AND CIVIL PENALTIES--INJUNCTIVE RELIEF.--
|
0016| A. A person who engages in an activity requiring a
|
0017| license pursuant to the provisions of the Physical Therapy Act and
|
0018| who fails to obtain the required license; who violates any
|
0019| provision of the Physical Therapy Act; or who uses any word, title
|
0020| or representation to induce the false belief that the person is
|
0021| licensed to engage in the practice of physical therapy is guilty
|
0022| of a misdemeanor and shall be punished by a fine of not more than
|
0023| one thousand dollars ($1,000) or by imprisonment of not more than
|
0024| one year, or both.
|
0025| B. The board may apply for injunctive relief in any
|
0001| court of competent jurisdiction to enjoin a person from committing
|
0002| an act in violation of the Physical Therapy Act. Such injunction
|
0003| proceedings shall be in addition to and not in lieu of penalties
|
0004| and other remedies in the Physical Therapy Act.
|
0005| C. The board may assess a civil penalty of up to one
|
0006| thousand dollars ($1,000) for a first offense and up to five
|
0007| thousand dollars ($5,000) for a second or subsequent offense
|
0008| against a licensee who aids or abets an unlicensed person to
|
0009| directly or indirectly evade the Physical Therapy Act or the
|
0010| applicable licensing laws; or permits his license to be used by an
|
0011| unlicensed person with the intent to evade the Physical Therapy
|
0012| Act or the applicable licensing laws, pursuant to the notice of
|
0013| hearing and appeal procedures pursuant to the Uniform Licensing
|
0014| Act. The civil penalties provided in this subsection are in
|
0015| addition to other disciplinary measures provided in the Physical
|
0016| Therapy Act. Civil penalties shall be deposited with the state
|
0017| treasurer to the credit of the current school fund.
|
0018| Section 34. [NEW MATERIAL] TERMINATION OF AGENCY LIFE--
|
0019| DELAYED REPEAL.--The physical therapy board is terminated on July
|
0020| 1, 2003 pursuant to the Sunset Act. The board shall continue to
|
0021| operate according to the provisions of the Physical Therapy Act
|
0022| until July 1, 2004. Effective July 1, 2004, the Physical Therapy
|
0023| Act is repealed.
|
0024| Section 35. TEMPORARY PROVISION--EXISTING REGULATIONS--
|
0025| LICENSURE UNDER PRIOR LAW.--
|
0001| A. Existing rules regarding physical therapy services
|
0002| shall remain in effect until new rules are adopted pursuant to the
|
0003| provisions of the Physical Therapy Act.
|
0004| B. A person licensed to perform physical therapy
|
0005| services pursuant to the provisions of prior law, whose license is
|
0006| valid on July 1, 1997, is entitled to renew his license pursuant
|
0007| to the provisions of the Physical Therapy Act.
|
0008| Section 36. TEMPORARY PROVISIONS--TRANSFERS.--
|
0009| A. On the effective date of this act, all
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0010| appropriations, money and personal property of the board of
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0011| acupuncture and oriental medicine held by the state shall be
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0012| transferred to the board. All agreements and contractual
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0013| obligations of the regulation and licensing department pertaining
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0014| to the board of acupuncture and oriental medicine shall be binding
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0015| on the board.
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0016| B. On the effective date of this act, all
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0017| appropriations, money and personal property of the New Mexico
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0018| state board of public accountancy held by the state shall be
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0019| transferred to the board. All agreements and contractual
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0020| obligations of the regulation and licensing department pertaining
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0021| to the New Mexico state board of public accountancy shall be
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0022| binding on the board.
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0023| C. On the effective date of this act, all
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0024| appropriations, money and personal property of the physical
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0025| therapists' licensing board held by the state shall be transferred
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0001| to the physical therapy board. All agreements and contractual
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0002| obligations of the regulation and licensing department pertaining
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0003| to the physical therapists' licensing board shall be binding on
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0004| the physical therapy board.
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0005| Section 37. TEMPORARY PROVISION--VOID EXECUTIVE ORDER.--Any
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0006| executive order issued pursuant to Laws 1983, Chapter 297, Section
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0007| 30 is void as it relates to consolidation of the New Mexico state
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0008| board of public accountancy, the physical therapists' licensing
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0009| board or its successor or the board of acupuncture and oriental
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0010| medicine in the regulation and licensing department.
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0011| Section 38. REPEAL.--Sections 61-12-1 through 61-12-21 NMSA
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0012| 1978 (being Laws 1953, Chapter 136, Section 1, Laws 1979, Chapter
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0013| 369, Sections 2 and 3, Laws 1953, Chapter 136, Sections 3 through
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0014| 11, Laws 1979, Chapter 369, Section 9, Laws 1953, Chapter 136,
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0015| Sections 13 through 15, Laws 1974, Chapter 78, Section 18, Laws
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0016| 1953, Chapter 136, Sections 16 and 17, Laws 1978, Chapter 116,
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0017| Section 1, Laws 1953, Chapter 136, Sections 19 and 20 and Laws
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0018| 1979, Chapter 369, Section 12, as amended) are repealed.
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0019| Section 39. EFFECTIVE DATE.--The effective date of the
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0020| provisions of this act is July 1, 1997.
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0021|
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