2003 Committee Substitute for SB0269PAS

SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 269

46th legislature - STATE OF NEW MEXICO - first session, 2003

AN ACT

RELATING TO PROFESSIONAL LICENSING; LIMITING TEMPORARY LICENSING FOR THE PROTECTION AND SAFETY OF THE PUBLIC; AMENDING AND ENACTING CERTAIN SECTIONS OF THE NMSA 1978.

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

Section 1. A new section of the Uniform Licensing Act is enacted to read:

"[NEW MATERIAL] TEMPORARY LICENSES LIMITED.--Each licensing authority subject to the provisions of Chapter 61 NMSA 1978 that has statutory authority to issue temporary licenses to practice shall adopt rules requiring law enforcement and professional background checks on applicants prior to the issuance of any temporary license. Initially, a temporary license shall be for a maximum of ninety days to provide adequate time for law enforcement and professional licensure background checks. If the response to these inquiries produces no cause for a board or the department to withhold licensure, a temporary license may be issued pursuant to the respective statutes and rules governing practices of the board. All statutory requirements, including appropriate background, education and law enforcement verifications, shall be completed before the board may issue a regular license to practice."

Section 2. Section 61-3-5.1 NMSA 1978 (being Laws 2001, Chapter 137, Section 14) is amended to read:

"61-3-5.1. TEMPORARY LICENSURE.--

A. Except as provided in Subsection B of this section, an applicant for nurse licensure pursuant to the Nursing Practice Act may be issued a temporary license for a period not to exceed six months or for a period of time necessary for the board to ensure that the applicant has met the licensure requirements set out in that act, whichever is less.

B. Initially, the temporary license provided for in this section shall be issued for a maximum of ninety days to allow for law enforcement and professional licensure background checks. If the response to these inquiries produces no cause for the board to withhold licensure, a temporary license may be issued pursuant to Subsection A of this section."

Section 3. Section 61-3-23 NMSA 1978 (being Laws 1977, Chapter 220, Section 14, as amended) is amended to read:

"61-3-23. PERMIT TO PRACTICE FOR GRADUATE NURSES.--

A. The board may issue a temporary permit to practice to an applicant upon completion of an approved course of study and upon application to take the first available national licensing examination after graduation.

B. The permit to practice shall be issued for practice under direct supervision at a specified place of employment in the state.

C. The permit to practice shall be valid from issuance until the results of the national licensing examination are disseminated by the board office to the examinee, at which time the permit is void and the applicant who has passed the examination may be issued a license to practice.

D. Initially, the temporary permit provided for in Subsection A of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional licensure background checks. If the response to these inquiries produces no cause for the board to withhold licensure, a temporary permit may be issued pursuant to Subsection A of this section."

Section 4. Section 61-3-23.1 NMSA 1978 (being Laws 1979, Chapter 379, Section 8, as amended) is amended to read:

"61-3-23.1. PERMIT TO PRACTICE FOR GRADUATE NURSING

SPECIALTIES.--

A. Except as provided in Subsection B of this section, a one-time, nonrenewable permit may be issued to graduate nurse anesthetists, nurse practitioners and clinical nurse specialists awaiting examination and results in accordance with requirements set forth by the board in the rules and regulations.

B. Initially, the permit provided for in Subsection A of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional licensure background checks. If the response to these inquiries produces no cause for the board to withhold licensure, a permit may be issued pursuant to Subsection A of this section."

Section 5. Section 61-5A-14 NMSA 1978 (being Laws 1994, Chapter 55, Section 14) is amended to read:

"61-5A-14. TEMPORARY LICENSURE.--Except as provided in Subsection H of this section, the secretary-treasurer of the board or the committee may issue a temporary license to practice dentistry or dental hygiene to any applicant who is licensed to practice dentistry or dental hygiene in another state or territory of the United States and who is otherwise qualified to practice dentistry or dental hygiene in this state. The following provisions shall apply:

A. the applicant [~~must~~] shall hold a valid license in good standing in another state or territory of the United States;

B. the applicant shall practice dentistry or dental hygiene under the sponsorship of or in association with a licensed New Mexico dentist or dental hygienist;

C. the temporary license may be issued for those activities as stipulated by the board or committee in the rules and regulations of the board. It may be issued upon written application of the applicant when accompanied by such proof of qualifications as the secretary-treasurer of the board or committee, in [~~their~~] his discretion, may require. Temporary licensees shall engage in only those activities specified on the temporary license for the time designated, and the temporary license shall identify the licensed New Mexico dentist or dental hygienist who will sponsor or associate with the applicant during the time the applicant practices dentistry or dental hygiene in New Mexico;

D. the sponsoring or associating dentist or dental hygienist shall submit an affidavit attesting to the qualifications of the applicant and the activities the applicant will perform;

E. the temporary license shall be issued for a period not to exceed twelve months and may be reviewed upon application and payment of required fees;

F. the application for a temporary license under this section shall be accompanied by a license fee; [~~and~~]

G. the temporary licensee shall be required to comply with the Dental Health Care Act and all rules and regulations promulgated pursuant thereto; and

H. initially, the temporary license provided for in this section shall be issued for a maximum of ninety days to allow for law enforcement and professional licensure background checks. If the response to these inquiries produces no cause for the board or committee to withhold licensure, a temporary license may be issued pursuant to this section."

Section 6. Section 61-6-14 NMSA 1978 (being Laws 1953, Chapter 48, Section 2, as amended) is amended to read:

"61-6-14. ORGANIZED YOUTH CAMP OR SCHOOL TEMPORARY LICENSES AND TEMPORARY LICENSES FOR OUT-OF-STATE PHYSICIANS.--

A. The secretary-treasurer of the board may issue to any applicant qualified to practice medicine and surgery in this state, either by examination or by endorsement, who will be temporarily in attendance at any organized youth camp or school, a temporary license to practice medicine and surgery, the practice to be confined to enrollees, leaders and employees of the camp or school, and the following provisions shall apply:

(1) the temporary license shall be issued for a period not to exceed three months from date of issuance; and

(2) the temporary license may be issued upon written application of the applicant, accompanied by such proof of his qualifications as the secretary-treasurer of the board, in his discretion, may require.

B. Subject to the provisions of Subsection E of this section, the secretary-treasurer of the board may issue to any applicant who is licensed to practice medicine in another state, territory of the United States or another country and who is qualified to practice medicine and surgery in this state a temporary license to practice medicine under the sponsorship of and in association with a licensed New Mexico physician. The following provisions shall apply:

(1) the temporary license may be issued upon written application of the applicant, accompanied by such proof of his qualifications as the secretary-treasurer of the board, in his discretion, may require. Temporary licenses may be granted to allow the applicant to assist in teaching, conducting research, performing specialized diagnostic and treatment procedures and implementing new technology and for physician educational purposes. Licensees may engage in only those activities specified on the temporary license, and the temporary license shall identify the licensed New Mexico physician who will sponsor and associate with the applicant during the time the applicant practices medicine in New Mexico. The sponsoring or associating physician shall submit an affidavit attesting to the qualifications of the applicant and activities the applicant will perform; and

(2) the temporary license shall be issued for a period not to exceed three months from date of issuance and may be renewed upon application and payment of fees as provided in Section 61-6-19 NMSA 1978.

C. Whenever an eligible applicant has filed his application and complied with all other requirements of the Medical Practice Act in the interim between regular board meetings, the secretary-treasurer may issue an interim license to hold good until the next regular licensing meeting of the board.

D. The application for a temporary license under this section shall be accompanied by a license fee as provided in Section 61-6-19 NMSA 1978.

E. The temporary license granted under Subsection B of this section shall be issued initially for a maximum of ninety days to provide adequate time for a law enforcement background check on the applicant. If the background check produces no cause for the board to withhold licensure, a temporary license may be issued."

Section 7. Section 61-7A-9 NMSA 1978 (being Laws 1989, Chapter 387, Section 9) is amended to read:

"61-7A-9. PROVISIONAL PERMIT.--

A. Except as provided in Subsection B of this section, a provisional permit to practice as a dietitian or nutritionist may be issued by the board upon the filing of an application and submission of evidence of successful completion of the education requirements. No fee in addition to the application and license fees shall be charged for the issuance of a provisional permit. The permit shall be valid only until the last day of the period for which it is issued or until the provisional [~~permitee's~~] permittee's application has been approved and a license issued, whichever is first.

B. Initially, the provisional permit provided for in Subsection A of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional licensure background checks. If the response to these inquiries produces no cause for the board to withhold licensure, a provisional permit may be issued pursuant to Subsection A of this section."

Section 8. Section 61-8-14 NMSA 1978 (being Laws 1977, Chapter 221, Section 14, as amended) is amended to read:

"61-8-14. LIMITATION ON LICENSURE--TEMPORARY LICENSE.--

A. No license to practice podiatry shall be issued to a corporation, partnership or association; provided, however, that this subsection shall not prohibit licensed podiatrists from associating themselves as otherwise allowed by law in a professional corporation, professional limited liability company, partnership or association for the purpose of practicing podiatry.

B. Except as provided in Subsection D of this section, in cases of emergency, as defined by board rule, the board may grant a temporary license to practice podiatry to a person who meets the requirements of Subsections A and B of Section 61-8-8 NMSA 1978. The temporary license shall automatically expire on the date of the next board meeting at which applications for licensure by examination or reciprocity are approved. No person may be issued more than one temporary license pursuant to this provision.

C. Except as provided in Subsection D of this section, to facilitate educational programs, subject to conditions and terms set forth in board rules, the board may grant a temporary license to practice podiatry to a person enrolled and participating in such program.

D. Initially, the temporary license issued pursuant to Subsection B or C of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional licensure background checks. If the response to these inquiries produces no cause for the board to withhold licensure, a temporary license may be issued."

Section 9. Section 61-9A-16 NMSA 1978 (being Laws 1993, Chapter 49, Section 16) is amended to read:

"61-9A-16. TEMPORARY LICENSURE.--

A. Except as provided in Subsection B of this section, prior to examination, an applicant for licensure may obtain a temporary license to engage in any counselor and therapist practice if the person meets all of the requirements, except examination, provided for in Section [~~10, 11, 12, 13 or 14 of the Counseling and Therapy Practice Act~~] 61-9A-10, 61-9A-11, 61-9A-11.1, 61-9A-12, 61-9A-13, 61-9A-14, 61-9A-14.1 or 61-9A-14.2 NMSA 1978. The temporary license shall be valid no more than thirty days after the results of the next examination become available. At that time, should the individual fail to take or pass that examination, the temporary license shall automatically expire.

B. Initially, the temporary license provided for in Subsection A of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional licensure background checks. If the response to these inquiries produces no cause for the board to withhold licensure, a temporary license may be issued pursuant to Subsection A of this section."

Section 10. Section 61-9A-22 NMSA 1978 (being Laws 1993, Chapter 49, Section 22, as amended) is amended to read:

"61-9A-22. LICENSURE BY CREDENTIALS.--

A. The board may license an applicant without examination if the person possesses a valid regulatory document issued by the appropriate examining board under the laws of any other state or territory of the United States, the District of Columbia or any foreign nation that in the judgment of the board has requirements substantially equivalent to or exceeding those in the Counseling and Therapy Practice Act.

B. Except as provided in Subsection C of this section, an applicant for licensing pursuant to this section shall be issued a temporary license by the department upon filing his application along with proof of a valid current regulatory document from another jurisdiction. This temporary license is valid only until the board considers and acts on the application. An applicant is entitled to only one temporary license pursuant to this provision.

C. Initially, the temporary license provided for in Subsection B of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional licensure background checks. If the response to these inquiries produces no cause for the board to withhold licensure, a temporary license may be issued pursuant to Subsection B of this section."

Section 11. Section 61-10-7 NMSA 1978 (being Laws 1977, Chapter 155, Section 1) is amended to read:

"61-10-7. TEMPORARY LICENSES--QUALIFICATIONS.--

A. Except as provided in Subsection B of this section, whenever an eligible applicant [~~shall have~~] has filed his application and met the requirements of Section [~~67-8-5 NMSA 1953~~] 61-10-6 NMSA 1978 and complied with all other requirements of [~~Sections 67-8-1 through 67-8-18 NMSA 1953~~] Chapter 61, Article 10 NMSA 1978 in the interim between regular [~~board~~] meetings of the board of osteopathic medical examiners, the secretary-treasurer of the board is empowered to issue [~~such~~] the applicant a temporary license to hold good until the next regular meeting of the board.

Section 12. Section 61-12A-13 NMSA 1978 (being Laws 1996, Chapter 55, Section 13) is amended to read:

"61-12A-13. PROVISIONAL PERMITS.--

A. Except as provided in Subsection B of this section, a provisional permit may be granted to a person who has completed the education and experience requirements of the Occupational Therapy Act. The permit shall allow the person to practice occupational therapy under the supervision of a registered occupational therapist. The provisional permit shall be valid until the date on which the results of the next qualifying examination have been made public. The provisional permit shall not be renewed if the applicant has failed the examination. The board shall verify, as necessary, information contained on the completed application and any supporting documentation required to obtain a license.

Section 13. Section 61-12B-6 NMSA 1978 (being Laws 1984, Chapter 103, Section 6, as amended) is amended to read:

"61-12B-6. DEPARTMENT--DUTIES AND POWERS.--

A. The department, in consultation with the board, shall:

(1) evaluate the qualifications of applicants and review the required examination results of applicants. The department may recognize the entry level examination written by the national board for respiratory care or a successor board;

(2) promulgate rules as may be necessary to implement the provisions of the Respiratory Care Act;

(3) issue and renew licenses and temporary permits to qualified applicants who meet the requirements of the Respiratory Care Act; and

(4) administer, coordinate and enforce the provisions of the Respiratory Care Act and investigate persons engaging in practices that may violate the provisions of that act.

B. The department, in consultation with the board, may:

(1) conduct examinations of respiratory care practitioner applicants as required by rules of the department;

(2) reprimand, fine, deny, suspend or revoke a license or temporary permit to practice respiratory care as provided in the Respiratory Care Act in accordance with the provisions of the Uniform Licensing Act;

(3) for the purpose of investigating complaints against applicants and licensees, issue investigative subpoenas prior to the issuance of a notice of contemplated action as set forth in the Uniform Licensing Act;

(4) enforce and administer the provisions of the Impaired Health Care Provider Act and promulgate rules pursuant to that act;

(5) promulgate rules or disciplinary guidelines relating to impaired practitioners;

(6) promulgate rules to allow the interstate transport of patients; and

(7) promulgate rules to determine and regulate the scope and qualifications for expanded practice for respiratory care practitioners.

C. Initially, the temporary permit authorized in Paragraph (3) of Subsection A of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional background checks. If the response to these inquiries produces no cause for the board or department to withhold licensure, a temporary permit may be issued pursuant to that paragraph."

Section 14. Section 61-12B-9 NMSA 1978 (being Laws 1984, Chapter 103, Section 9, as amended) is amended to read:

"61-12B-9. OTHER LICENSING PROVISIONS.--

A. The department, in consultation with the board, shall adopt rules for mandatory continuing education requirements that shall be completed as a condition for renewal of a license issued pursuant to the provisions of the Respiratory Care Act.

B. Except as provide in Subsection G of this section, the department, in consultation with the board, may adopt rules for issuance of temporary permits to students and graduates of approved training programs to practice limited respiratory care under the direct supervision of a licensed respiratory care practitioner or physician. Rules shall be adopted defining the terms "student" and "direct supervision".

C. A license issued by the department shall describe the licensed person as a "respiratory care practitioner licensed by the New Mexico regulation and licensing department".

D. Unless licensed as a respiratory care practitioner pursuant to the provisions of the Respiratory Care Act, no person shall use the title "respiratory care practitioner", the abbreviation "R.C.P." or any other title or abbreviation to indicate that the person is a licensed respiratory care practitioner.

E. A copy of a valid license or temporary permit issued pursuant to the Respiratory Care Act shall be kept on file at the respiratory care practitioner's or temporary permittee's place of employment.

F. A respiratory care practitioner license shall expire on September 30, annually or biennially, as provided by rules of the department.

G. Initially, the temporary permit provided for in Subsection B of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional licensure background checks. If the response to these inquiries produces no cause for the board or department to withhold licensure, a temporary permit may be issued pursuant to Subsection B of this section."

Section 15. Section 61-12C-14 NMSA 1978 (being Laws 1991, Chapter 147, Section 14, as amended) is amended to read:

"61-12C-14. TEMPORARY LICENSE.--

A. Except as provided in Subsection D of this section, prior to examination, an applicant for licensure may obtain a temporary license to engage in the practice of massage therapy if the applicant meets all the requirements for licensure except completion of the examination.

B. The temporary license is valid until the results of the next scheduled examination are available and a license is issued or denied.

C. No more than one temporary license may be issued to an individual, and no temporary license shall be issued to an applicant who has previously failed the examinations.

D. Initially, the temporary license authorized in Subsection A of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional licensure background checks. If the response to these inquiries produces no cause for the board to withhold licensure, a temporary license may be issued pursuant to Subsections A through C of this section."

Section 16. Section 61-12D-10 NMSA 1978 (being Laws 1997, Chapter 89, Section 10) is amended to read:

"61-12D-10. LICENSURE--QUALIFICATIONS.--

A. An applicant for licensure as a physical therapist shall submit a completed application and have the following minimum qualifications:

(1) be of good moral character;

(2) be a graduate of an accredited physical therapy program approved by the board;

(3) have successfully passed the national physical therapy examination approved by the board; and

(4) have successfully passed the state jurisprudence examination.

B. An applicant for licensure as a physical therapist who has been educated outside the United States shall submit a completed application and meet the following minimum qualifications in addition to those required in Paragraphs (1), (3) and (4) of Subsection A of this section:

(1) provide satisfactory evidence that his education is substantially equivalent to the requirements of physical therapists educated in accredited educational programs in the United States, as determined by the board. If the board determines that a foreign-educated applicant's education is not substantially equivalent, it may require completion of additional course work before proceeding with the application process;

(2) provide evidence that he is a graduate of a school of training that is recognized by the foreign country's own ministry of education or similar institution;

(3) provide written proof of authorization to practice as a physical therapist without limitations in the legal jurisdiction where the post-secondary institution from which the applicant has graduated is located;

(4) provide proof of legal authorization to reside and seek employment in the United States or its territories;

(5) have his educational credentials evaluated by a board-approved credential evaluation agency;

(6) pass all approved English proficiency examinations as may be prescribed by the board if English is not his primary language; and

(7) participate in an interim supervised clinical practice period as may be prescribed by the board.

C. The board may issue an interim permit to a foreign-trained applicant who satisfies the board's requirements. An interim permit shall be issued for the purpose of participating in a supervised clinical practice period.

D. If the foreign-educated physical therapist applicant is a graduate of a college accredited by the commission on accreditation in physical therapy education, the requirements of Paragraphs (1), (2), (5) and (7) of Subsection B of this section are waived.

E. An applicant for licensure as a physical therapist assistant shall submit a completed application and meet the following minimum requirements:

(1) be of good moral character;

(2) be a graduate of an accredited physical therapist assistant program approved by the board;

(3) have successfully passed the national physical therapy examination approved by the board; and

(4) have successfully passed the state jurisprudence examination.

F. An applicant for licensure as a physical therapist or physical therapist assistant shall file a written application on forms provided by the board. A nonrefundable application fee and the cost of the examination shall accompany the completed written application.

G. Applicants who fail to pass the examinations shall be subject to requirements determined by board regulations prior to being approved by the board for subsequent testing.

H. The board or its designee shall issue a license to a physical therapist or physical therapist assistant who has a valid unrestricted license from another United States jurisdiction and who meets all requirements for licensure in New Mexico.

I. Except as provided in Subsection P of this section, prior to licensure, if prescribed by the board, the board or its designee may issue a temporary nonrenewable license to a physical therapist or physical therapist assistant who has completed the education and experience requirements of the Physical [~~Therapist~~] Therapy Act. The temporary license shall allow the applicant to practice physical therapy under the supervision of a licensed physical therapist until a permanent license is approved that shall include passing the national physical therapy examination.

J. Except as provided in Subsection P of this section, the board or its designee may issue a temporary license to a physical therapist or physical therapist assistant performing physical therapy while teaching an educational seminar who has met the requirements established by regulation of the board.

K. A physical therapist or physical therapist assistant licensed under the provisions of the Physical Therapy Act shall renew his license as specified in board rules. A person who fails to renew his license by the date of expiration shall not practice physical therapy as a physical therapist or physical therapist assistant in New Mexico.

L. Reinstatement of a lapsed license following a renewal deadline requires payment of a renewal fee and late fee.

M. Reinstatement of a physical therapist or physical therapist assistant license that has lapsed for more than three years, without evidence of continued practice in another state pursuant to a valid unrestricted license in that state, requires reapplication and payment of fees, as specified in board rules. The board shall promulgate rules establishing the qualifications for reinstatement of a lapsed license.

N. The board may establish, by rule, activities to periodically assess continuing competence to practice physical therapy.

O. A physical therapist shall not accept a patient for treatment without an existing medical diagnosis for the specific medical or physical problem made by a licensed primary care provider, except for those children participating in special education programs in accordance with Section 22-13-5 NMSA 1978 and for acute care within the scope of practice of physical therapy. For the purposes of this subsection, "existing medical diagnosis" means substantive signs and symptoms consistent with the episode from a previous primary care provider diagnosis made or confirmed by that provider within the past twelve months.

P. Initially, the temporary license or interim permit authorized in Subsections C, I and J of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional background checks. If the response to these inquiries produces no cause for the board to withhold licensure, a temporary license may be issued pursuant to Subsections I and J of this section."

Section 17. Section 61-13-11 NMSA 1978 (being Laws 1970, Chapter 61, Section 10, as amended) is amended to read:

"61-13-11. LICENSURE WITHOUT EXAMINATION.--

A. Except as provided in Subsection B of this section, the board shall issue a nursing home administrator's license, temporary or regular, without examination to any person who holds a nursing home administrator's license current and in good standing in another jurisdiction [~~provided that~~] if the board finds that the standards of licensure in the other jurisdiction are at least the substantial equivalent of those prevailing in this state and that the applicant meets the qualifications of the Nursing Home Administrators Act.

B. Initially, the temporary license provided for in Subsection A of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional background checks. If the response to these inquiries produces no cause for the board to withhold licensure, a temporary license may be issued pursuant to that subsection."

Section 18. Section 61-14-10 NMSA 1978 (being Laws 1967, Chapter 62, Section 7, as amended) is amended to read:

"61-14-10. LICENSE BY ENDORSEMENT.--

A. Pursuant to its regulations, the board may issue a license without written examination, except an examination on state laws and other state and federal regulations related to the practice of veterinary medicine, to any qualified applicant who furnishes satisfactory evidence that he is a veterinarian and has, for the five years next prior to filing his application, been a practicing veterinarian and licensed in a state, territory or district of the United States having license requirements at the time the applicant was first licensed that were substantially equivalent to the requirements of the Veterinary Practice Act.

B. Pursuant to its regulations, the board may issue, with examination, a limited practice license in veterinary medicine, which limited practice license shall describe adequately that area of veterinary medicine that the licensee is entitled to practice.

C. At its discretion, the board may examine, orally or practically, any person qualifying for a license under this section.

D. Except as provided in Subsection F of this section, the board may issue without examination a temporary permit to practice veterinary medicine to:

(1) a qualified applicant for a license pending examination, provided the applicant is a graduate veterinarian and employed by and working under the direct supervision of a licensed veterinarian provided:

(a) the temporary permit shall expire the day after the notice of results of the first examination given after the permit is issued;

(b) a qualified applicant for a license pending examination may, at the board's discretion, be exempted from the requirement of working under the direct supervision of a licensed veterinarian, provided the applicant submits a written request for such exemption; and

(c) no additional temporary permit shall be issued to an applicant who has failed the required components of the New Mexico examination in this or any other state or any other territory, district or commonwealth of the United States; or

(2) a nonresident veterinarian validly licensed and in good standing with the licensing authority in another state, territory, district or commonwealth of the United States; provided that the temporary permit shall be issued for a period lasting no more than sixty days and that not more than one permit shall be issued to such a person during each calendar year. No more than two temporary permits shall be issued to any one individual.

E. A temporary permit to practice veterinary medicine may be summarily revoked by a majority vote of the board without a hearing.

F. Initially, the temporary permit provided for in Subsection D of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional background checks. If the response to these inquiries produces no cause for the board to withhold licensure, a temporary permit may be issued pursuant to that subsection."

Section 19. Section 61-14A-12 NMSA 1978 (being Laws 1993, Chapter 158, Section 20, as amended) is amended to read:

"61-14A-12. REQUIREMENTS FOR TEMPORARY LICENSING.--

A. Subject to the provisions of Subsection I of this section, the board shall establish the criteria for temporary licensing of out-of-state doctors of oriental medicine.

B. The board may grant a temporary license to a person who:

(1) is legally recognized to practice acupuncture and oriental medicine in another state or a foreign country or is legally recognized in another state or foreign country to practice another health care profession and who possesses knowledge and skills that are included in the scope of practice of doctors of oriental medicine;

(2) is under the sponsorship of and in association with a licensed New Mexico doctor of oriental medicine or New Mexico institute offering an educational program approved by the board;

(3) submits the completed application for temporary licensing on the form provided by the board;

(4) submits the required documentation, including proof of adequate education and training, as determined by the board;

(5) submits the required fee for application for temporary licensing;

(6) submits an affidavit stating that the applicant has not been found guilty of unprofessional conduct or incompetency; and

(7) submits an affidavit from the sponsoring and associating New Mexico doctor of oriental medicine or New Mexico institute attesting to the qualifications of the applicant and the activities the applicant will perform.

C. The board may grant a temporary license to allow the temporary licensee to:

(1) teach acupuncture and oriental medicine;

(2) consult, in association with the sponsoring doctor of oriental medicine, regarding the sponsoring doctor's patients;

(3) perform specialized diagnostic or treatment techniques in association with the sponsoring doctor of oriental medicine regarding the sponsoring doctor's patients;

(4) assist in the conducting of research in acupuncture and oriental medicine; and

(5) assist in the implementation of new techniques and technology related to acupuncture and oriental medicine.

D. Temporary licensees may engage in only those activities authorized on the temporary license.

E. The temporary license shall identify the sponsoring and associating New Mexico doctor of oriental medicine or institute.

F. The temporary license shall be issued for a period of time established by rule; provided that temporary licenses may not be issued for a period of time to exceed eighteen months, including renewals.

G. The temporary license may be renewed upon submission of:

(1) the completed application for temporary license renewal on the form provided by the board; and

(2) the required fee for temporary license renewal.

H. In the interim between regular board meetings, whenever a qualified applicant has filed his application and complied with all other requirements of this section, the board's chairman or an authorized representative of the board may grant an interim temporary license that will suffice until the next regular licensing meeting of the board.

I. Initially, the temporary license authorized in Subsections B and H of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional background checks. If the response to these inquiries produces no cause for the board to withhold licensure, a temporary license may be issued pursuant to Subsections A through H of this section."

Section 20. Section 61-14B-17 NMSA 1978 (being Laws 1996, Chapter 57, Section 17, as amended) is amended to read:

"61-14B-17. HEARING AID DISPENSING TEMPORARY TRAINEE PERMITS--ISSUANCE.--

A. Any person who does not meet the requirements for licensure without examination as an audiologist or otolaryngologist as set forth in Section 61-14B-13 NMSA 1978 or as a hearing aid dispenser as set forth in Section 61-14B-14 NMSA 1978 may apply for a temporary trainee permit. Subject to the provisions of Subsection E of this section, a temporary trainee permit shall be issued to a person who:

(1) has reached the age of majority and has a high school education or the equivalent;

(2) has identified a sponsor;

(3) pays an application fee as determined by the board;

(4) has not failed the licensing examination twice within a five-year period; and

(5) certifies that he is not guilty of any of the activities listed in Section 61-14B-21 NMSA 1978.

B. A temporary trainee permit shall:

(1) be valid for one year from the date of its issuance and is nonrenewable for a period of one year following its expiration; and

(2) allow the person to complete a training period.

C. A person issued a temporary trainee permit may be eligible for licensure as a hearing aid dispenser upon:

(1) the completion of a minimum of three hundred twenty hours of training, to be completed within a three-month period under the direct supervision of the sponsor;

(2) the completion of five continuous months of full-time dispensing work, during which time all sales are approved by the sponsor prior to delivery; and

(3) the sponsor approving all fittings, adjustments, modifications or repairs to hearing aids and earmolds.

D. An audiologist, clinical fellow in audiology or otolaryngologist issued a temporary trainee permit may be eligible for licensure without examination as a hearing aid dispenser upon the sponsor providing direct supervision for a minimum of three months of all fittings, adjustments, modifications or repairs to hearing aids and earmolds.

E. Initially, the temporary trainee permit authorized in Subsection A of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional background checks. If the response to these inquiries produces no cause for the board to withhold licensure, a temporary trainee permit may be issued pursuant to that subsection."

Section 21. Section 61-14D-12 NMSA 1978 (being Laws 1993, Chapter 325, Section 12) is amended to read:

"61-14D-12. PROVISIONAL PERMIT.--

A. Prior to taking any other examinations, an applicant for licensure who has passed the jurisprudence examination may obtain a provisional permit to engage in the practice of athletic training, subject to the provisions of Subsection D of this section and provided that the applicant meets all the requirements for licensure except completion of the professional knowledge examination.

B. The provisional permit is valid until the results of the next scheduled examination on professional knowledge are available.

C. No more than two provisional permits may be issued to an individual and no third provisional permit shall be issued to an applicant who has previously failed the professional knowledge examination.

D. Initially, the provisional permit authorized in Subsection A of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional background checks. If the response to these inquiries produces no cause for the department to withhold licensure, a provisional permit may be issued."

Section 22. Section 61-14E-8 NMSA 1978 (being Laws 1991, Chapter 14, Section 3, as amended) is amended to read:

"61-14E-8. TEMPORARY CERTIFICATION.--

A. Subject to the provisions of Subsection B of this section, the department may issue a temporary certificate to practice as a radiologic technologist to a person who satisfactorily completes an approved program in radiologic technology, provided that the temporary certificate:

[A.] (1) is applied for within one year of graduation;

[B.] (2) is valid only for a period not to exceed one year;

[C.] (3) is only issued to a person once; and

[D.] (4) is contingent upon successful completion of an examination required by the board and expires upon failure to pass the examination.

B. Initially, the temporary certificate authorized in this section shall be issued for a maximum of ninety days to allow for law enforcement and professional background checks. If the response to these inquiries produces no cause for the department to withhold licensure, a temporary certificate may be issued."

Section 23. Section 61-30-21 NMSA 1978 (being Laws 1990, Chapter 75, Section 21, as amended) is amended to read:

"61-30-21. TEMPORARY PRACTICE.--

A. The board shall recognize, subject to the provisions of Subsection C of this section, on a temporary basis, the registration, certification or license of a real estate appraiser issued by another state if:

(1) the real estate appraiser's business is of a temporary nature and certified by the real estate appraiser not to exceed six months; and

(2) the real estate appraiser registers the temporary practice with the board.

B. The applicant or any person registering with the board for temporary practice shall file an irrevocable consent that suits and actions may be commenced against him in the proper court of any county of this state in which a cause of action may arise from his actions as a state registered, licensed or certified real estate appraiser or in which the plaintiff may reside, by the service of any processes or pleadings authorized by the laws of this state on the board, the consent stipulating and agreeing that such service of processes or pleadings on the board shall be taken and held in all courts to be as valid and binding as if personal service had been made upon the applicant in New Mexico. In case any process or pleading mentioned in the case is served upon the board, it shall be by duplicate copies, one of which shall be filed in the office of the board and the other immediately forwarded by registered mail to the nonresident state registered, licensed or certified real estate appraiser to whom the processes or pleadings are directed.

C. Initially, the temporary recognition of a registration, certification or license of a real estate appraiser issued by another state or recognition of any person registering with the board for temporary practice shall be for a maximum of ninety days to allow for law enforcement and professional background checks. If the response to these inquiries produces no cause for the board to withhold licensure, the temporary recognition may be granted as provided in Subsection A of this section."

Section 24. Section 61-31-11 NMSA 1978 (being Laws 1989, Chapter 51, Section 11) is amended to read:

"61-31-11. PROVISIONAL LICENSURE.--

A. Subject to the provisions of Subsection B of this section, prior to examination, an applicant for licensure may obtain a provisional license to engage in social work practice as long as the applicant meets all the requirements, except examination, as prescribed in Section [~~10 of the Social Work Practice Act~~] 61-31-10 NMSA 1978 for the level of license sought. The provisional license is valid until the results of the first qualifying written examination are available.

B. Initially, the provisional license authorized in Subsection A of this section shall be issued for a maximum of ninety days to allow for law enforcement and professional background checks. If the response to these inquiries produces no cause for the board to withhold licensure, the provisional license may be issued."

Section 25. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.

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