0001| HOUSE BILL 360 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| DANNY CARPENTER | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO LICENSURE; AMENDING THE PODIATRY ACT; AMENDING, | 0012| REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN | 0013| APPROPRIATION. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 61-8-1 NMSA 1978 (being Laws 1977, | 0017| Chapter 221, Section 1) is amended to read: | 0018| "61-8-1. SHORT TITLE.--~[This act]~ |Chapter 61, Article | 0019| 8 NMSA 1978| may be cited as the "Podiatry Act"." | 0020| Section 2. Section 61-8-2 NMSA 1978 (being Laws 1977, | 0021| Chapter 221, Section 2) is amended to read: | 0022| "61-8-2. DEFINITIONS.--As used in the Podiatry Act: | 0023| A. "board" means the board of podiatry; | 0024| |B. "foot and ankle radiation technologist" means | 0025| a person who takes x-rays of the foot and ankle under the | - 1 - 0001| supervision of a podiatrist; and| | 0002| ~[B.]~ |C.| "practice of podiatry" means engaging | 0003| in that primary health care profession, the members of which | 0004| examine, diagnose, treat and prevent by medical, surgical and | 0005| ~[mechanical]~ |biomechanical| means ailments affecting the | 0006| human foot and ankle and the structures governing their | 0007| functions, but does not include amputation of the foot or the | 0008| personal administration of a general anesthetic. A | 0009| podiatrist, ~[under]~ |pursuant to| the laws of this state, is | 0010| defined as a ~[foot or podiatric]~ physician ~[and | 0011| C. "podiatry" and "podiatrist" are synonymous with | 0012| the words "chiropody" and "chiropodist"]~ |and surgeon within | 0013| the scope of his license|." | 0014| Section 3. Section 61-8-3 NMSA 1978 (being Laws 1977, | 0015| Chapter 221, Section 3) is amended to read: | 0016| "61-8-3. LICENSE REQUIRED.--Unless licensed as a | 0017| podiatrist ~[under]~ |pursuant to the provisions of| the | 0018| Podiatry Act |or exempted from that act pursuant to Section | 0019| 61-8-4 NMSA 1978|, no person shall practice podiatry." | 0020| Section 4. Section 61-8-4 NMSA 1978 (being Laws 1977, | 0021| Chapter 221, Section 4) is amended to read: | 0022| "61-8-4. PERSONS EXEMPTED.--The Podiatry Act shall not | 0023| apply to: | 0024| A. gratuitous services rendered in cases of | 0025| emergency; | - 2 - 0001| B. the domestic administration of family remedies | 0002| not involving remuneration; | 0003| C. medical officers of the United States service | 0004| in the actual performance of their official duties ~[nor | 0005| shall]~. The provisions of the Podiatry Act ~[shall not]~ be | 0006| so construed as to be in conflict with existing laws | 0007| regulating the practice of the healing arts in this state; | 0008| ~[D. visiting podiatrists called into this state | 0009| for consultation from another state, provided that such person | 0010| is duly licensed and qualified in the state of his residence; | 0011| such visitations, however, shall be limited in duration if, in | 0012| the opinion of the board, such person is actually engaging in | 0013| the practice of podiatry in this state; and]~ | 0014| |D. a podiatrist duly licensed in another state | 0015| who, on a temporary basis, consults, advises or cooperates in | 0016| patient treatment with a podiatrist licensed in New Mexico, | 0017| subject to rules adopted and promulgated by the board; and| | 0018| E. the fitting, recommending or sale of corrective | 0019| shoes, arch supports or similar mechanical devices by retail | 0020| dealers or manufacturers, provided that the representatives, | 0021| agents or employees of such dealers or manufacturers do not | 0022| diagnose, treat or prescribe mechanically or otherwise for any | 0023| ailment, disease or deformity of the foot or leg." | 0024| Section 5. Section 61-8-5 NMSA 1978 (being Laws 1977, | 0025| Chapter 221, Section 5, as amended) is amended to read: | - 3 - 0001| "61-8-5. BOARD CREATED--MEMBERS--QUALIFICATIONS--TERMS-- | 0002| VACANCIES--REMOVAL.-- | 0003| A. There is created a "board of podiatry". The | 0004| board shall consist of five members, three of whom shall be | 0005| podiatrists licensed to practice in New Mexico who have been | 0006| ~[members of the New Mexico podiatry society and]~ actively | 0007| engaged in the practice of podiatry for at least three | 0008| consecutive years immediately prior to their appointments and | 0009| two members who shall represent the public and who shall not | 0010| have been licensed as podiatrists, nor shall the public | 0011| members have any significant financial interest, whether | 0012| direct or indirect, in the occupation regulated. | 0013| B. Members of the board required to be licensed | 0014| podiatrists shall be appointed by the governor ~[from a list | 0015| of not more than five names for each vacancy submitted to him | 0016| by the New Mexico podiatry society]~. Board members shall be | 0017| appointed for staggered terms of five years each, made in such | 0018| a manner that the terms of not more than two board members end | 0019| on December 31 of each year commencing with 1978. Board | 0020| members shall serve until their successors have been appointed | 0021| and qualified. A vacancy shall be filled for the unexpired | 0022| term by appointment by the governor. All members of the state | 0023| board of podiatry in office on the effective date of the | 0024| Podiatry Act shall serve out their unexpired terms. | 0025| C. The governor may remove any member from the | - 4 - 0001| board for neglect of any duty required by law, for | 0002| incompetence, for improper or unprofessional conduct as | 0003| defined by board ~[regulation]~ |rule| or for any reason which | 0004| would justify the suspension or revocation of his license to | 0005| practice podiatry. | 0006| D. No board member shall serve more than two | 0007| consecutive full terms, and any member failing to attend, | 0008| after proper notice, three consecutive meetings shall | 0009| automatically be removed as a board member unless excused for | 0010| reasons set forth in board ~[regulations]~ |rules|. | 0011| E. In the event of a vacancy for any reason, the | 0012| secretary of the board shall immediately notify the governor | 0013| |and| the board members ~[and the New Mexico podiatry | 0014| society]~ of the vacancy, the reason for its occurrence and | 0015| the action taken by the board, so as to expedite the | 0016| appointment of a new board member." | 0017| Section 6. Section 61-8-6 NMSA 1978 (being Laws 1977, | 0018| Chapter 221, Section 6) is amended to read: | 0019| "61-8-6. BOARD ORGANIZATION--MEETINGS--COMPENSATION-- | 0020| POWERS AND DUTIES.-- | 0021| A. The board shall ~[meet]~ |hold a regular | 0022| meeting at least| annually ~[in the month of June or July]~ | 0023| and shall elect |annually| a chairman, vice chairman and ~[a]~ | 0024| secretary-treasurer from ~[their]~ |its| membership, each of | 0025| whom shall serve until his successor is selected and | - 5 - 0001| qualified. | 0002| B. The board shall hold a minimum of one | 0003| examination for licensure each year in the month of June or | 0004| July at ~[such]~ a place and at ~[such]~ a time ~[as]~ | 0005| |designated by| the board ~[may designate]~. Notice of | 0006| ~[such]~ |the| examination shall be given to all applicants at | 0007| least thirty days prior to the date of ~[such]~ |the| | 0008| examination. ~[The board shall adopt and file in accordance | 0009| with the State Rules Act such regulations as it deems | 0010| necessary to properly conduct its examinations and meetings.]~ | 0011| C. Special meetings may be called by the chairman | 0012| and shall be called upon the written request of any three | 0013| board members. Notice of all ~[regular]~ meetings shall be | 0014| made ~[by regular mail at least ten days prior to such | 0015| meeting, and notification of special meetings shall be made by | 0016| certified mail unless such notice is waived by the entire | 0017| board and the action noted in the minutes]~ |in conformance | 0018| with the Open Meetings Act|. | 0019| D. Members of the board may be reimbursed as | 0020| provided in the Per Diem and Mileage Act, but shall receive no | 0021| other compensation, perquisite or allowance ~[except that the | 0022| secretary-treasurer may receive an additional honorarium in an | 0023| amount determined by the board]~. | 0024| E. The board shall: | 0025| (1) administer and enforce the provisions of | - 6 - 0001| the Podiatry Act; | 0002| (2) adopt, publish and file, in accordance | 0003| with the Uniform Licensing Act and the State Rules Act, all | 0004| rules ~[and regulations]~ for the implementation and | 0005| enforcement of the provisions of the Podiatry Act; | 0006| (3) adopt and use a seal; | 0007| (4) |conduct hearings|, administer oaths and | 0008| take testimony on any matters within the board's jurisdiction; | 0009| (5) keep an accurate record of all its | 0010| meetings, receipts and disbursements; | 0011| (6) keep a record of all |licensure | 0012| |examinations held, together with the names and addresses of | 0013| all persons taking ~[such]~ |the| examinations and the | 0014| examination results ~[and]~. Within forty-five days after any | 0015| examination, the board shall give written notice to each | 0016| applicant examined of the results of the examination as to the | 0017| respective applicant; | 0018| (7) certify as passing each applicant who | 0019| obtains a ~[grade of at least sixty percent on each subject | 0020| upon which he is examined and an overall grade of seventy-five | 0021| percent]~ |passing score on examinations administered or | 0022| approved by the board|; | 0023| (8) keep ~[a book]~ |records| of registration | 0024| in which the name, address and license number of all licensed | 0025| podiatrists ~[shall be]~ |are| recorded, together with a | - 7 - 0001| record of all license renewals, suspensions and revocations; | 0002| (9) grant, deny, renew, suspend or revoke | 0003| licenses to practice podiatry |or take other actions provided | 0004| in Section 61-1-3 NMSA 1978| in accordance with the provisions | 0005| of the Uniform Licensing Act for any cause stated in the | 0006| Podiatry Act; | 0007| (10) adopt ~[regulations]~ |and promulgate | 0008| rules| setting standards of preliminary and professional | 0009| qualifications for the practice of podiatry; | 0010| ~[(11) investigate, review and accredit any | 0011| school or college of podiatric medicine requesting | 0012| accreditation and meeting standards set by the board. Such | 0013| standards shall provide that accreditation of a school or | 0014| college of podiatric medicine by the council on podiatry | 0015| education of the American podiatry association is a | 0016| prerequisite to accreditation by the board; | 0017| (12)]~ |(11)| adopt ~[such regulations]~ |and | 0018| promulgate rules| and prepare and administer ~[such]~ | 0019| examinations for the licensure and regulation of podiatric | 0020| ~[hygienists]~ |assistants| as are necessary to protect the | 0021| public. The ~[regulations]~ |rules| shall include definitions | 0022| and limitations on the practice of podiatric ~[hygienists]~ | 0023| |assistants|; qualifications for applicants for licensure; | 0024| ~[a]~ |an initial| license fee in an amount not to exceed | 0025| ~[ten dollars ($10.00)]~ |two hundred fifty dollars ($250); | - 8 - 0001| and a renewal fee not to exceed one hundred dollars ($100)| | 0002| per year; provisions for the regulation of podiatric | 0003| ~[hygienists]~ |assistants| and the suspension or revocation | 0004| of licenses. The qualifications for an applicant for | 0005| licensure shall ~[require that the applicant has successfully | 0006| completed at least one year of academic education in an | 0007| institution accredited by the council on podiatry education of | 0008| the American podiatry association or holds a current license | 0009| as a registered nurse or a licensed practical nurse; and]~ |be | 0010| determined by rule of the board;| |(12) adopt | 0011| rules and prepare and administer examinations for licensure of | 0012| foot and ankle radiation technologists; and| | 0013| (13) have the power to employ agents or | 0014| attorneys." | 0015| Section 7. Section 61-8-7 NMSA 1978 (being Laws 1977, | 0016| Chapter 221, Section 7) is amended to read: | 0017| "61-8-7. DISPOSITION OF FUNDS--PODIATRY FUND CREATED-- | 0018| METHOD OF PAYMENTS--BONDS.-- | 0019| A. There is created the "podiatry fund". | 0020| B. All funds received by the board and money | 0021| collected under the Podiatry Act shall be deposited with the | 0022| state treasurer, who shall place the same to the credit of the | 0023| podiatry fund. | 0024| C. All payments out of the podiatry fund shall be | 0025| made on vouchers issued and signed by the secretary-treasurer | - 9 - 0001| of the board upon warrants drawn by the ~[department]~ | 0002| |secretary| of finance and administration in accordance with | 0003| the budget approved by ~[the state budget division of]~ that | 0004| department. | 0005| D. All amounts in the podiatry fund shall be | 0006| subject to the order of the board and shall be used only for | 0007| the purpose of meeting the necessary expenses incurred in: | 0008| (1) the performance of the provisions of the | 0009| Podiatry Act and the powers and duties imposed ~[thereby]~ |by | 0010| that act|; and | 0011| (2) the promotion of education and standards | 0012| of practice in the field of podiatry in New Mexico within the | 0013| budgetary limits. | 0014| E. All ~[funds which may have]~ |money that has| | 0015| accumulated to the credit of the board under any previous law | 0016| shall be transferred to the podiatry fund and shall continue | 0017| to be available for use by the board in accordance with the | 0018| provisions of the Podiatry Act. Balances at the end of the | 0019| fiscal year shall not revert, but shall remain in the podiatry | 0020| fund for use in accordance with the provisions of the Podiatry | 0021| Act. | 0022| ~[F. The secretary-treasurer and any employee who | 0023| handles money or who certifies the receipt or disbursal of | 0024| money received by the board shall, within thirty days after | 0025| election or employment by the board, execute a bond in | - 10 - 0001| accordance with the provisions of the Surety Bond Act, | 0002| conditioned on the faithful performance of the duties of the | 0003| office or position and on an accounting of all funds coming | 0004| into his hands. | 0005| G. The secretary-treasurer shall make, at the end | 0006| of each fiscal year, an itemized report to the governor of all | 0007| receipts and disbursements of the board for that fiscal year, | 0008| together with a report of the records and information required | 0009| by the Podiatry Act. A copy of the annual report to the | 0010| governor shall be presented to the board at its annual meeting | 0011| in June or July.]~" | 0012| Section 8. Section 61-8-8 NMSA 1978 (being Laws 1977, | 0013| Chapter 221, Section 8) is amended to read: | 0014| "61-8-8. QUALIFICATIONS FOR LICENSURE AS A PODIATRIST.-- | 0015| |A.| Each applicant for licensure as a podiatrist | 0016| shall furnish evidence satisfactory to the board that the | 0017| applicant: | 0018| ~[A.]~ |(1)| has reached the age of majority; | 0019| ~[B.]~ |(2)| is of good moral character; | 0020| ~[and of temperate habits; and | 0021| C.]~ |(3)| has graduated and been awarded a | 0022| doctor of podiatric medicine degree from a college of | 0023| podiatric medicine ~[approved and accredited by regulation of | 0024| the board and in the event the applicant applies for licensure | 0025| under the provisions for reciprocity, he shall have been | - 11 - 0001| awarded a doctor of podiatric medicine degree from a school or | 0002| college of podiatric medicine approved and accredited by the | 0003| board which had a minimum course of study of four academic | 0004| years of instruction or its equivalent leading to such | 0005| degree]~ |accredited by the American podiatric medical | 0006| association council on education; and| | 0007| |(4) has completed, at a minimum, a one-year | 0008| residency program at a hospital accredited by the American | 0009| podiatric medical association council on education. | 0010| B. Each applicant shall file his application under | 0011| oath on forms supplied by the board and shall pay the required | 0012| fees. | 0013| C. An applicant for licensure by examination shall | 0014| submit evidence to the board that he has successfully passed | 0015| the examinations administered by the national board of | 0016| podiatry examiners for students graduating from colleges of | 0017| podiatry and shall furnish the board an official transcript | 0018| and take such clinical and written examinations as the board | 0019| deems necessary. The examinations shall be in English, and | 0020| the subjects covered by the examinations shall be determined | 0021| by the board and taken from subjects taught in accredited | 0022| colleges of podiatric medicine. No applicant for licensure by | 0023| examination shall be licensed who has not received a passing | 0024| score on all board-approved or board-administered | 0025| examinations|." | - 12 - 0001| Section 9. Section 61-8-9 NMSA 1978 (being Laws 1977, | 0002| Chapter 221, Section 9) is amended to read: | 0003| "61-8-9. LICENSURE BY ~[EXAMINATION--LICENSURE BY]~ | 0004| RECIPROCITY.-- | 0005| ~[A. An applicant for licensure by examination | 0006| shall meet the qualifications set forth in Section 67-6-8 NMSA | 0007| 1953, shall submit evidence to the board that he has | 0008| successfully passed the examinations administered by the | 0009| national board of podiatry examiners and furnish the board | 0010| with an official transcript thereof, shall file his | 0011| application under oath on forms supplied by the board and | 0012| shall take such oral, clinical and written examinations as the | 0013| board deems necessary. The examinations shall be in the | 0014| English language, and the subjects covered by the examinations | 0015| shall be determined by the board and taken from subjects | 0016| taught in accredited colleges of podiatric medicine. The | 0017| minimum requirements for licensing qualified applicants shall | 0018| be an overall grade average of seventy-five percent and a | 0019| grade of not less than sixty percent in any one subject. | 0020| B.]~ An applicant for licensure by reciprocity | 0021| shall meet the qualifications set forth in Section ~[67-6-8 | 0022| NMSA 1953]~ |61-8-8 NMSA 1978|, shall file his application | 0023| under oath on forms supplied by the board ~[which]~ |that| | 0024| conform to board ~[regulations]~ |rules| on reciprocity, shall | 0025| furnish proof satisfactory to the board of his having been | - 13 - 0001| licensed by examination in another state ~[which]~ |that| had | 0002| qualifications equal to or exceeding those ~[required in]~ | 0003| |of| this state on the date of his original licensure and | 0004| shall satisfy the board that he holds the degree of doctor of | 0005| podiatric medicine from a college of podiatric medicine | 0006| ~[approved by the board]~ |accredited by the American | 0007| podiatric medical association council on education|. In | 0008| addition, each applicant for registration ~[under]~ |pursuant | 0009| to| the provisions for ~[reciprocal] licensure |by | 0010| reciprocity| shall furnish the board an affidavit from his | 0011| state board showing current registration and the fact that he | 0012| has been licensed to practice podiatry and that he has | 0013| practiced podiatry for at least five consecutive years | 0014| immediately preceding the filing of his application for | 0015| reciprocal privilege. The applicant shall [further furnish an | 0016| endorsement from his state podiatry association or society | 0017| that the applicant has been a member in good standing of such | 0018| state organization and also of the American podiatry | 0019| association for at least three years immediately preceding the | 0020| filing of his application, and the applicant shall]~ also take | 0021| and pass ~[such oral and clinical]~ |those supplemental| | 0022| examinations as the board deems necessary ~[The provisions of | 0023| this paragraph shall be acceptable by the board in lieu of the | 0024| written portion of the examination. | 0025| C. All applicants successfully passing the | - 14 - 0001| examinations shall be issued a license by the board upon the | 0002| payment of the appropriate fee. | 0003| D. The board shall adopt such regulations as it | 0004| deems necessary to conduct oral, clinical and written | 0005| examinations and shall provide the necessary books, blanks and | 0006| forms for the conduct of such examinations]~ |if required by | 0007| board rule|." | 0008| Section 10. Section 61-8-10 NMSA 1978 (being Laws 1977, | 0009| Chapter 221, Section 10, as amended) is amended to read: | 0010| "61-8-10. LICENSE FEES--LICENSURE UNDER PRIOR LAW-- | 0011| RENEWAL.-- | 0012| A. ~[Applicants]~ |An applicant| for licensure as | 0013| a podiatrist shall pay the following fees: | 0014| (1) for licensure by ~[oral, clinical and | 0015| such written]~ examination ~[as the board deems necessary, a | 0016| fee set by the board in an amount]~: | 0017| |(a) an examination fee equal to the | 0018| cost of purchasing the examination, plus an administration fee | 0019| not to exceed fifty percent of the examination fee; and | 0020| (b) an application fee| not to exceed | 0021| five hundred dollars ($500); | 0022| (2) for licensure on the basis of | 0023| reciprocity, a fee set by the board in an amount not to exceed | 0024| ~[five hundred dollars ($500)] |six hundred dollars ($600)|; | 0025| [(3) for the issuance of a certificate of | - 15 - 0001| license, a fee set by the board in an amount not to exceed | 0002| twenty-five dollars ($25.00); | 0003| (4)]~ |(3)| for the annual renewal of license | 0004| on or before January 1 of each year, a renewal fee set by the | 0005| board in an amount not to exceed ~[two hundred dollars | 0006| ($200)]~ |three hundred dollars ($300)|; | 0007| ~[(5)]~ |(4)| for the late renewal after | 0008| January 1 of each year, a late charge not to exceed fifty | 0009| dollars ($50.00) per month or part thereof commencing on | 0010| January 2; | 0011| ~[(6)]~ |(5)| in addition to the renewal fees | 0012| and late charges, the applicant for the renewal of a license | 0013| shall pay a reinstatement fee not to exceed two hundred fifty | 0014| dollars ($250) for the first twelve months of delinquency and | 0015| a reinstatement fee of five hundred dollars ($500) for a | 0016| license that has lapsed more than one year but not more than | 0017| three years; and | 0018| ~[(7)]~ |(6)| for the issuance of a temporary | 0019| license, a fee not to exceed one hundred dollars ($100). | 0020| B. If any licensee permits his license to lapse | 0021| for a period of three full years, the license shall | 0022| automatically be canceled and shall not be reinstated. | 0023| C. The provisions of Paragraphs ~[(4), (5) and | 0024| (6)]~ |(3), (4) and (5)| of Subsection A of this section shall | 0025| not apply to licensees who practice in the service of the | - 16 - 0001| United States whose licenses shall be renewed upon application | 0002| for such renewal within three months after the termination of | 0003| such service. | 0004| D. Current renewal certificates issued by the | 0005| board shall be displayed in the office of the licensee, and, | 0006| in the case of the suspension or revocation of a license, no | 0007| portion of a fee or penalty shall be returned. | 0008| E. Any person licensed as a podiatrist under the | 0009| provisions of any prior laws of New Mexico, whose license is | 0010| valid on the effective date of the Podiatry Act, shall be held | 0011| to be licensed under the provisions of the Podiatry Act and | 0012| shall be entitled to the ~[biennial]~ renewal of his current | 0013| license ~[as provided in that law]~." | 0014| Section 11. Section 61-8-10.1 NMSA 1978 (being Laws | 0015| 1989, Chapter 185, Section 2) is amended to read: | 0016| "61-8-10.1. LICENSE RENEWAL--CONTINUING EDUCATION-- | 0017| PENALTY FOR FAILURE TO RENEW.-- | 0018| A. All licensees shall renew their licenses on or | 0019| before January 1 of each year. Upon application for renewal, | 0020| each licensee shall furnish evidence that he holds a | 0021| registration number with the taxation and revenue department | 0022| and has completed continuing education requirements as set | 0023| forth in Subsection B of this section. | 0024| B. As a condition of renewal, all applicants | 0025| ~[must]~ |shall| furnish the board with evidence of completion | - 17 - 0001| of post-graduate study as required by board ~[regulation]~ | 0002| |rule|. Post-graduate study may be obtained from a college of | 0003| podiatric medicine accredited by the American podiatry | 0004| association, one of its constituent societies or affiliate | 0005| organizations or other such courses approved by the board. | 0006| This requirement may only be waived for reasons of prolonged | 0007| illness or other incapacity. | 0008| C. The board may summarily suspend the license of | 0009| any podiatrist who fails to renew his license or submit proof | 0010| of completion of continuing education requirements within | 0011| sixty days of January 1 as provided in Subsection A of this | 0012| section. The board may reinstate licenses suspended upon | 0013| payment of all applicable late fees, delinquent renewal fees | 0014| and reinstatement fees." | 0015| Section 12. Section 61-8-11 NMSA 1978 (being Laws 1977, | 0016| Chapter 221, Section 11) is amended to read: | 0017| "61-8-11. SUSPENSION, REVOCATION OR REFUSAL OF | 0018| LICENSE.--The board may refuse to issue or may suspend or | 0019| revoke any license ~[or take other action specified in Section | 0020| 61-1-3 NMSA 1978]~ in accordance with the provisions of the | 0021| Uniform Licensing Act for any one or more of the following | 0022| reasons: | 0023| A. making a false statement in any ~[affidavit | 0024| required for]~ |part of| an application for licensure, | 0025| examination or registration ~[under]~ |pursuant to| the | - 18 - 0001| provisions of the Podiatry Act; | 0002| B. conviction of a crime involving moral | 0003| turpitude, as shown by a certified copy of the record of the | 0004| court of conviction; | 0005| C. the habitual indulgence in the use of | 0006| narcotics, ~[ardent spirits, stimulants]~ |alcohol| or other | 0007| substances ~[which]~ |that| impair intellect and judgment to | 0008| an extent as will, in the opinion of the board, incapacitate a | 0009| podiatrist from the proper performance of his professional | 0010| duties; | 0011| D. lending the use of one's name to an unlicensed | 0012| podiatrist; | 0013| E. selling, giving or prescribing any compound or | 0014| substance containing narcotic drugs or other controlled | 0015| substances for illegal purposes; | 0016| F. the willful ~[betrayal of a professional | 0017| confidence]~ |violation of a patient's right to | 0018| confidentiality|; | 0019| ~[G. soliciting the public in any manner | 0020| prohibited by the Podiatry Act; | 0021| H. use of advertising in any manner, except as | 0022| permitted by Subsection B of Section 67-6-13 NMSA 1953; | 0023| I.]~ |G.| gross malpractice or incompetency as | 0024| defined by board ~[regulation]~ |rule|; or | 0025| ~[J.]~ |H.| any dishonest or unprofessional | - 19 - 0001| conduct defined by ~[regulation of the board]~ |the Podiatry | 0002| Act or rules adopted pursuant to that act|." | 0003| Section 13. Section 61-8-12 NMSA 1978 (being Laws 1977, | 0004| Chapter 221, Section 12) is amended to read: | 0005| "61-8-12. OFFENSES--PENALTIES.--Each of the following | 0006| acts committed by any person constitutes a misdemeanor | 0007| punishable upon conviction by a fine of not less than one | 0008| hundred dollars ($100) ~[nor]~ |or| more than ~[two hundred | 0009| dollars ($200)]~ |ten thousand dollars ($10,000)| or by | 0010| imprisonment not to exceed one year, or both: | 0011| A. practicing or attempting to practice podiatry | 0012| without a current valid license issued by the board; | 0013| B. obtaining registration under the Podiatry Act | 0014| by false or untrue statements to the board or by presenting a | 0015| fraudulent diploma or license to the board; | 0016| C. swearing falsely or giving a false affidavit in | 0017| any proceeding before the board; | 0018| D. advertising or using any designation, diploma | 0019| or certificate tending to imply that one is a practitioner of | 0020| podiatry, including the use of the words "chiropodist", | 0021| "podiatrist", "M.Cp.", "D.S.C.", "D.P.M.", "foot specialist", | 0022| "foot correctionist", "foot culturist", "foot practipedist", | 0023| "foot ~[treatments]~ |doctor|" or words of similar import, | 0024| unless one holds a license or is exempted under the provisions | 0025| of the Podiatry Act; or | - 20 - 0001| E. practicing podiatry during any period of time | 0002| in which one's license has been revoked or suspended as | 0003| provided in the Podiatry Act." | 0004| Section 14. Section 61-8-13 NMSA 1978 (being Laws 1977, | 0005| Chapter 221, Section 13) is amended to read: | 0006| "61-8-13. UNPROFESSIONAL CONDUCT--EXCEPTIONS.-- | 0007| A. ~[It shall be considered]~ Unprofessional | 0008| conduct ~[under]~ |pursuant to| Subsection ~[J]~ |H| of | 0009| Section ~[67-6-11 NMSA 1953]~ |61-8-11 NMSA 1978| for any | 0010| podiatrist licensed under the Podiatry Act ~[to: | 0011| (1) employ agents or procurers to secure | 0012| patients or solicit patients from the public; | 0013| (2) advertise in newspapers, periodicals, | 0014| telephone directories, streetcars or buses, motion picture | 0015| theaters, circulars, booklets or on radio or television; | 0016| (3) contrive to obtain newspaper, magazine, | 0017| radio or television comment in cases where the podiatrist is | 0018| involved; | 0019| (4) boast of, claim or promise any radical or | 0020| secret cures, treatments or remedies; | 0021| (5) advertise his professional capacity as a | 0022| podiatrist or doctor in any shoe store or in or on any sign | 0023| relating to footwear; | 0024| (6) use a fictitious name or designation to | 0025| represent himself as a podiatrist or as a group or association | - 21 - 0001| of podiatrists except that of a professional corporation | 0002| organized under the laws of New Mexico or a registered | 0003| partnership registered with the state of New Mexico. Any | 0004| licensed podiatrist using a fictitious name for three years or | 0005| more prior to the passage of the Podiatry Act may continue to | 0006| conduct business under such name; or | 0007| (7) practice podiatry in conjunction with any | 0008| barber-shop, beauty parlor, bath house, shoe store, department | 0009| store or any similar business]~ |includes using any false or | 0010| misleading advertising or making any false or misleading | 0011| statement in communications with patients or potential | 0012| patients or using any misleading or deceptive title or | 0013| designation in a name or title of a podiatric practice|. | 0014| B. Nothing in Subsection A of this section shall | 0015| be construed to prohibit the following acts: | 0016| (1) publishing in type of ordinary size and | 0017| style, as opposed to bold or display type, the name, location, | 0018| office hours and telephone number of any licensed practicing | 0019| podiatrist in any telephone directory; | 0020| (2) publishing for a period of not more than | 0021| ten consecutive days an announcement that the practitioner is | 0022| opening a new office or practice, providing that ~[such]~ | 0023| |the| announcement shall be published within thirty days after | 0024| the opening and shall state only the practitioner's name, | 0025| location, office hours, telephone number, ~[his]~ occupation | - 22 - 0001| and the fact of the opening and shall be of a size not to | 0002| exceed two inches in length and four inches in width and of a | 0003| type size not heavier nor larger than twelve point gothic with | 0004| a border not larger than four points; | 0005| (3) mailing one notice of the opening of a | 0006| new practice or a notice of the assumption of an established | 0007| practice consisting of a printed announcement which shall be | 0008| in an envelope and shall state only the practitioner's name, | 0009| location, telephone number, office hours and the designation | 0010| "podiatrist", "foot specialist" or "practice limited to care | 0011| of feet" and the usual language announcing the opening of an | 0012| office; | 0013| (4) maintaining exterior signs about the | 0014| office of the practitioner, in keeping with the medical and | 0015| dental community, giving his name, address and occupation. | 0016| The letters shall be no larger than six inches in height, but | 0017| neon lights, flashing lights or similar devices shall not be | 0018| used; and | 0019| (5) conducting, in conjunction with a | 0020| majority of the practicing podiatrists of the state or of a | 0021| given city, a public educational program or informational | 0022| campaign ~[provided that such program or campaign is approved | 0023| and endorsed by the state society and done in the name of the | 0024| society]~." | 0025| Section 15. Section 61-8-14 NMSA 1978 (being Laws 1977, | - 23 - 0001| Chapter 221, Section 14) is amended to read: | 0002| "61-8-14. LIMITATION ON LICENSURE--TEMPORARY LICENSE.-- | 0003| A. No license to practice podiatry shall be issued | 0004| to a corporation, partnership or association; provided, | 0005| however, that this subsection shall not prohibit licensed | 0006| podiatrists from associating themselves |as otherwise allowed | 0007| by law| in a professional corporation, |professional limited | 0008| liability company|, partnership or association for the purpose | 0009| of practicing podiatry. | 0010| B. In cases of emergency, the board may grant a | 0011| temporary license to practice podiatry to persons meeting the | 0012| requirements of Section ~[67-6-8 NMSA 1953]~ |61-8-8 NMSA | 0013| 1978|, which license shall expire on the date of the next | 0014| ~[state]~ board |meeting at which licenses by| examination | 0015| ~[for licensure]~ |are approved|. No person may be issued | 0016| more than one ~[temporary]~ |emergency| license. | 0017| |C. To facilitate educational programs, the board | 0018| may grant temporary licenses to podiatrists participating in | 0019| such programs under terms and conditions established by rule | 0020| of the board.|" | 0021| Section 16. Section 61-8-15 NMSA 1978 (being Laws 1977, | 0022| Chapter 221, Section 15) is repealed and a new Section 61-8-15 | 0023| NMSA 1978 is enacted to read: | 0024| "61-8-15. [|NEW MATERIAL|] PRIVILEGED COMMUNICATIONS.-- | 0025| Medical and other health care-related information concerning a | - 24 - 0001| patient obtained by a podiatrist or by an employee of a | 0002| podiatrist during the course of examination, diagnosis or | 0003| treatment; and advice, diagnosis, orders, prescriptions and | 0004| other health care-related communications from a podiatrist or | 0005| an employee of a podiatrist are confidential communications | 0006| protected in courts of law and administrative proceedings by | 0007| the physician-patient privilege." | 0008| Section 17. Section 61-8-16 NMSA 1978 (being Laws 1977, | 0009| Chapter 221, Section 16) is amended to read: | 0010| "61-8-16. POWER TO ENJOIN VIOLATIONS.--Upon ~[conviction | 0011| of any]~ |final determination that a| person ~[for violation | 0012| of any]~ |has violated a| provision of the Podiatry Act, the | 0013| board or any interested person may, in addition to ~[the | 0014| penalty [herein]~ |other remedies| provided |in that act|, | 0015| petition the district court for an order restraining and | 0016| enjoining such person from further or continued violation of | 0017| the Podiatry Act ~[and the order may be enforced by contempt | 0018| proceedings]~." | 0019| Section 18. EFFECTIVE DATE.--The effective date of the | 0020| provisions of this act is July 1, 1998. | 0021|  |