HOUSE BILL 309
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Jeannette O. Wallace
FOR THE LEGISLATIVE FINANCE COMMITTEE
AN ACT
RELATING TO LICENSURE; AMENDING ATHLETIC TRAINER STANDARDS; EXPANDING BOARD DUTIES; CHANGING LICENSURE, EXAMINATION AND PROVISIONAL PERMIT REQUIREMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 61-14D-7 NMSA 1978 (being Laws 1993, Chapter 325, Section 7) is amended to read:
"61-14D-7. BOARD CREATED.--
A. There is created the "athletic trainer practice board".
B. The board shall be administratively attached to the department.
C. The board shall consist of five members who are United States citizens and have been New Mexico residents for at least three years prior to their appointment. Members of the board shall be appointed by the governor for staggered terms of three years each [except that the initial board shall be appointed so that the term of one member expires June 30, 1994, the terms of two members expire June 30, 1995 and the terms of two members expire June 30, 1996]. Three of the members shall be athletic trainers licensed [under] pursuant to provisions of the Athletic Trainer Practice Act [with at least three years experience in the profession in the state of New Mexico]. One member shall be [from each district and at least one member shall be] employed by a high school. Two members shall represent the public and have no financial interest, direct or indirect, in the occupation regulated. One public member shall be from any area north of interstate 40 in the state and one public member shall be from any area south of interstate 40 in the state. Board members shall reside in separate districts. Board members shall serve until their successors have been appointed.
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.
E. A simple majority of the board members currently serving shall constitute a quorum of the board.
F. The board shall meet at least once a year and at such other times as it deems necessary.
G. No board member shall serve more than two consecutive terms. Any member failing to attend three meetings, after proper notice, shall automatically be recommended to be removed as a board member, unless excused for reasons set forth in board regulations.
H. The board shall elect a chairman and other officers as deemed necessary to administer its duties."
Section 2. Section 61-14D-8 NMSA 1978 (being Laws 1993, Chapter 325, Section 8) is amended to read:
"61-14D-8. DEPARTMENT DUTIES.--The department, in consultation with the board, shall:
A. [evaluate the qualifications of applicants and] process applications and conduct and review [any] the required [examination results of applicants] examinations;
B. issue licenses and provisional permits to applicants who meet the requirements of the Athletic Trainer Practice Act;
C. administer, coordinate and enforce the provisions of the Athletic Trainer Practice Act and investigate persons engaging in practices [which] that may violate the provisions of that act;
D. conduct any required examinations of applicants;
E. hire staff as may be necessary to carry out the actions of the board; [and]
F. maintain board records, including financial records; and
G. maintain a current register of licensees as a matter of public record."
Section 3. Section 61-14D-9 NMSA 1978 (being Laws 1993, Chapter 325, Section 9) is amended to read:
"61-14D-9. BOARD POWERS AND DUTIES.--[In addition to any other authority provided by law] The board [shall have the authority to]:
A. shall select and provide for the administration of examinations for licensure no less often than semiannually;
B. shall establish the passing scores for the New Mexico laws and regulation examinations;
C. shall determine eligibility of individuals for licensure;
D. shall set fees for administrative services and licenses as authorized by the Athletic Trainer Practice Act, and authorize all disbursements necessary to carry out the provisions of that act;
E. shall review license applications and recommend approval or disapproval;
[A.] F. may adopt and file, in accordance with the State Rules Act, rules and regulations necessary to carry out the provisions of the Athletic Trainer Practice Act [in accordance with the provisions of the Uniform Licensing Act, including the procedures for an appeal of an examination failure
B. establish fees;
C. approve administration of exams;
D. adopt rules implementing continuing education requirements];
G. may take any disciplinary action allowed by and in accordance with the provisions of the Uniform Licensing Act;
[E.] H. may conduct hearings upon charges relating to the discipline of licensees, including the denial, suspension or revocation of a license; [and]
[F.] I. may adopt a code of ethics; and
J. may require and establish criteria for continuing education."
Section 4. Section 61-14D-10 NMSA 1978 (being Laws 1993, Chapter 325, Section 10) is amended to read:
"61-14D-10. REQUIREMENTS FOR LICENSURE.--The [department] board shall issue a license to practice as an athletic trainer to any person who files a completed application, accompanied by the required fees and documentation and who submits satisfactory evidence that the applicant:
A. [has completed an athletic training curriculum approved by the national athletic trainers association or] has completed a baccalaureate degree; [and an approved internship of at least fifteen hundred clinical hours from an accredited college or university
B. has submitted a letter of recommendation from either an athletic trainer licensed in New Mexico or a member of the national athletic trainers association;
C. submits proof of current competence] B. is currently competent in cardiopulmonary resuscitation and in the use of automated electrical defibrillator units; and
[D.] C. demonstrates professional competence by [satisfactorily] passing [a] the national certification examination recognized by the board and an examination on New Mexico laws and regulations pertaining to athletic trainers prescribed by the board."
Section 5. Section 61-14D-11 NMSA 1978 (being Laws 1993, Chapter 325, Section 11) is amended to read:
"61-14D-11. EXAMINATIONS.--Applicants shall demonstrate professional competency by passing the New Mexico laws and regulations examination. The board shall establish the board-approved examinations application deadline and the requirements for re-examination if the applicant has failed the examination.
[A. If there are applicants for examinations, written examinations shall be held at least twice each year on a date and at a location established by the department. Applicants who have been found to meet the education and experience requirements for licensure shall be scheduled for the next examination following the filing of the application. The board shall establish by rule the examination application deadline and other rules relating to taking and retaking of licensure examinations.
B. The board shall determine the passing grade on examinations.
C. The board shall require each applicant to pass an examination on the state laws and regulations pertaining to the practice of athletic training.
D. The board may accept examinations which are used for national certification or other examinations administered by the department.]"
Section 6. 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, provided that the applicant meets all the requirements for licensure except completion of the professional knowledge examination.]
A. An applicant for licensure who has passed the New Mexico state law and regulations examination may obtain a provisional permit to engage in the practice of athletic training; provided that the applicant meets all licensure requirements except for passing the national certification exam for athletic trainers. The applicant must provide proof of registration to take the national certification examination.
B. The provisional permit is valid until the results of the [next scheduled examination on professional knowledge are available] national certification examination have been received in the board office.
C. If the applicant should fail or not take the national certification examination, upon proof of re-registration for the national certification examination, the applicant will be issued a second provisional permit. No more than two provisional permits [may] shall be issued to an individual [and no third provisional permit shall be issued to an applicant who has previously failed the professional knowledge examination]."
Section 7. Section 61-14D-13 NMSA 1978 (being Laws 1993, Chapter 325, Section 13) is amended to read:
"61-14D-13. LICENSE RENEWAL.--
A. Each licensee shall renew his license annually [as provided by regulation] by submitting a renewal application on a form provided by the board.
B. The board may require proof of continuing education, [and proof of] current cardiopulmonary resuscitation certification and certification in the use of automated electrical defibrillator units as a requirement for renewal.
C. If a license is not renewed by the expiration date, the license will be considered expired and the licensee shall refrain from practicing. A licensee may renew a license within the allotted grace period by submitting to the board payment of the renewal fee and late fee and proof of compliance with all renewal requirements. Upon receipt of payment and proof of meeting any continuing education requirements by the board, the licensee may resume practice. Failure to receive renewal notice and application for renewal of license from the board does not excuse a licensed athletic trainer from the requirements for renewal.
D. A license granted by the board shall automatically expire if the licensee fails to apply for the renewal license provided for in this section within thirty days of the renewal deadline. Reinstatement of an expired license will require the licensee to reapply and meet all current standards for licensure."
Section 8. Section 61-14D-14 NMSA 1978 (being Laws 1993, Chapter 325, Section 14) is amended to read:
"61-14D-14. FEES.--The board shall establish a schedule of reasonable fees for applications, licenses, provisional permits, renewal of licenses, placement on inactive status and necessary administrative fees and initial prorated licensing fees [may be prorated]."
Section 9. Section 61-14D-16 NMSA 1978 (being Laws 1993, Chapter 325, Section 16) is amended to read:
"61-14D-16. DISCIPLINARY PROCEEDINGS--JUDICIAL REVIEW--APPLICATION OF UNIFORM LICENSING ACT.--
A. In accordance with the provisions of the Uniform Licensing Act, the board may deny, revoke or suspend any license held or applied for under the Athletic Trainer Practice Act upon findings by the board that the licensee or applicant:
(1) is guilty of fraud, [or] deceit or misrepresentation in procuring or attempting to procure a license provided for in the Athletic Trainer Practice Act;
(2) has been convicted of a felony. A certified copy of the record of conviction shall be conclusive evidence of such conviction;
(3) is guilty of incompetence;
(4) is guilty of unprofessional conduct;
(5) is guilty of dispensing, administering, distributing or using a controlled substance, as defined in the Controlled Substances Act, or is addicted to any vice to such a degree that it renders him unfit to practice as an athletic trainer;
(6) has violated any provisions of the Athletic Trainer Practice Act;
(7) is guilty of willfully or negligently practicing beyond the scope of athletic training as defined in the Athletic Trainer Practice Act;
(8) is guilty of aiding or abetting the practice of athletic training by a person not licensed by the board;
(9) is guilty of practicing without a provisional permit or license in violation of the Athletic Trainer Practice Act and its regulations; or
(10) has had a license, certificate or registration to practice as an athletic trainer revoked, suspended or denied in any jurisdiction, territory or possession of the United States or another country for actions of the licensee similar to acts described in this subsection. A certified copy of the record of the jurisdiction taking such disciplinary action shall be conclusive evidence of the revocation, suspension or denial.
B. Disciplinary proceedings may be instituted by the sworn complaint of any person and shall conform to the provisions of the Uniform Licensing Act. Any party to a hearing may obtain a copy of the hearing record upon payment of costs for the copy.
C. Any person filing a sworn complaint shall be immune from liability arising out of civil action, provided the complaint is filed in good faith and without actual malice."
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