SB0044

SENATE BILL 44

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Gerald Ortiz y Pino

FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

AN ACT

RELATING TO PROFESSIONAL LICENSURE; ALLOWING THE REGULATION AND LICENSING DEPARTMENT TO COMPENSATE MEMBERS OF HEALTH CARE PROFESSIONAL LICENSING BOARDS THAT ARE ADMINISTRATIVELY ATTACHED TO THE DEPARTMENT; PROVIDING A TEMPORARY WAIVER OF APPLICATION, LICENSURE AND RENEWAL FEES FOR NEW APPLICANTS AND NEWLY LICENSED HEALTH CARE PROFESSIONALS IN CERTAIN HEALTH CARE PROFESSIONS.

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

SECTION 1. Section 61-2-6 NMSA 1978 (being Laws 1973, Chapter 353, Section 5, as amended) is amended to read:

"61-2-6. OPTOMETRY BOARD ORGANIZATION--MEETINGS--COMPENSATION--POWERS AND DUTIES.--

A. The board shall annually elect a chair, a vice chair and a secretary-treasurer; each shall serve until a successor is elected and qualified.

B. The board shall meet at least annually for the purpose of examining candidates for licensure. Special meetings may be called by the chair and shall be called upon the written request of a majority of the board members. A majority of the board members currently serving constitutes a quorum.

C. Members of the board may be reimbursed as provided in the Per Diem and Mileage Act [but shall receive no other compensation, perquisite or allowance] and may be compensated by the regulation and licensing department for time spent carrying out the duties of a board member.

D. The board has the authority to determine what constitutes the practice of optometry in accordance with the provisions of the Optometry Act and has jurisdiction to exercise any other powers and duties pursuant to that act. The board may issue advisory opinions and declaratory rulings pursuant to that act and rules promulgated in accordance with the State Rules Act, but shall not expand the scope of practice of optometry beyond the provisions of the Optometry Act.

E. The board shall:

(1) administer and enforce the provisions of the Optometry Act;

(2) promulgate in accordance with the State Rules Act, all rules for the implementation and enforcement of the provisions of the Optometry Act;

(3) adopt and use a seal;

(4) administer oaths and take testimony on matters within the board's jurisdiction;

(5) keep an accurate record of meetings, receipts and disbursements;

(6) keep a record of examinations held, together with the names and addresses of persons taking the examinations and the examination results. Within thirty days after an examination, the board shall give written notice to each applicant examined of the results of the examination as to the respective applicant;

(7) certify as passing each applicant who obtains a grade of at least seventy-five percent on each subject upon which the applicant is examined; providing that an applicant failing may apply for re-examination at the next scheduled examination date;

(8) keep a book of registration in which the name, address and license number of licensees shall be recorded, together with a record of license renewals, suspensions and revocations;

(9) grant, deny, renew, suspend or revoke licenses to practice optometry in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Optometry Act;

(10) develop and administer qualifications for certification for the use of pharmaceutical agents as authorized in Section 61-2-10.2 NMSA 1978, including minimum educational requirements and examination, as required by Section 61-2-10.2 NMSA 1978 and provide the board of pharmacy with an annual list of optometrists certified to use pharmaceutical agents as authorized in Section 61-2-10.2

NMSA 1978; and

(11) provide for the suspension of an optometrist's license for sixty days upon a determination of use of pharmaceutical agents without prior certification in accordance with Section 61-2-10.2 NMSA 1978, after proper notice and an opportunity to be heard before the board."

SECTION 2. Section 61-2-11 NMSA 1978 (being Laws 1973, Chapter 353, Section 9, as amended) is amended to read:

"61-2-11. LICENSE FEES--LICENSURE UNDER PRIOR LAW.--

A. The board shall set fees for the following by rule:

(1) except as provided in Subsection D of this section, application fee in an amount not to exceed five hundred dollars ($500);

(2) examination fee in an amount not to exceed five hundred dollars ($500);

(3) except as provided in Section 61-1-34 NMSA 1978 and Subsection D of this section, licensure fee in an amount not to exceed four hundred dollars ($400); and

(4) issuance fee for pharmaceutical certification in an amount not to exceed one hundred dollars ($100).

B. A person licensed as an optometrist under any prior laws of this state, whose license is valid on April 3, 1973, shall be held to be licensed under the provisions of the Optometry Act and shall be entitled to the annual renewal of the person's license as provided in that act.

C. Prior to engaging in the active practice of optometry in this state, a licensee shall furnish the board evidence that the licensee holds a registration number with the taxation and revenue department and has completed, as a condition of licensure by endorsement, the continuing education requirements as set by the rules of the board.

D. Until July 1, 2034, a first-time applicant for licensure shall not be charged an application fee or licensure fee."

SECTION 3. Section 61-2-12 NMSA 1978 (being Laws 1973, Chapter 353, Section 10, as amended) is amended to read:

"61-2-12. LICENSE--DISPLAY--RENEWAL--RETIREMENT--RESUMPTION OF PRACTICE.--

A. A person to whom a license as an optometrist has been issued shall display the license in a conspicuous place in the licensee's principal office or place of business.

B. A license shall be renewed annually on or before July 1. Except as provided in Section 61-1-34 NMSA 1978 and Subsection F of this section, the licensee shall pay to the secretary-treasurer of the board the required fees. The board shall promulgate rules establishing additional requirements and procedures for renewal of a license. It shall also promulgate rules establishing a fee schedule for renewal of a license, but a specific fee shall not exceed five hundred dollars ($500).

C. Failure to renew a license pursuant to this section terminates the optometrist's authority to practice optometry, and the former licensee shall fulfill all current requirements for licensing and therapeutic drug certification if application for licensing or certification is made after termination.

D. An optometrist who intends to retire from the practice of optometry shall notify the board in writing before the expiration of the optometrist's license, and the secretary-treasurer of the board shall acknowledge the receipt of the notice and record it. If within a period of five years from the year of retirement the optometrist desires to resume practice, the optometrist shall notify the board in writing, and, upon giving proof of completing refresher courses prescribed by rules of the board and the payment of any required fees, the license shall be restored to the optometrist in full effect.

E. Before engaging in the practice of optometry, a licensed optometrist shall notify the secretary-treasurer of the board in writing of the address at which the optometrist intends to begin practice and subsequently of changes in the optometrist's business address or location. Notices the board is required to give a licensee shall legally have been given when delivered to the latest address furnished by the licensee to the board.

F. Until July 1, 2034, a licensed optometrist shall not be charged a license renewal fee for the licensed optometrist's first two license renewals after obtaining licensure."

SECTION 4. Section 61-4-3 NMSA 1978 (being Laws 1968, Chapter 3, Section 3, as amended) is amended to read:

"61-4-3. BOARD CREATED--APPOINTMENT--OFFICERS--DUTIES--COMPENSATION.--

A. The "chiropractic board" is created and is administratively attached to the regulation and licensing department. The board shall consist of six persons, four of whom have been continuously engaged in the practice of chiropractic in New Mexico for five years immediately prior to their appointment. Two persons shall represent the public and shall not have practiced chiropractic in this state or any other jurisdiction. A person shall not be appointed to the board who is an officer or employee of or who is financially interested in any school or college of chiropractic, medicine, surgery or osteopathy.

B. Members of the board shall be appointed by the governor for staggered terms of five years or less and in a manner that the term of one board member expires on July 1 of each year. A list of five names for each professional member vacancy shall be submitted by the New Mexico chiropractic association to the governor for consideration in the appointment of board members. A vacancy shall be filled by appointment for the unexpired term. Board members shall serve until their successors have been appointed and qualified.

C. The board shall annually elect a chair and a secretary-treasurer. A majority of the board constitutes a quorum. The board shall meet quarterly. Special meetings may be called by the chair and shall be called upon the written request of two members of the board. Notification of special meetings shall be made by certified mail unless such notice is waived by the entire board and the action noted in the minutes. Notice of all regular meetings shall be made by regular mail at least ten days prior to the meeting, and copies of the minutes of all meetings shall be mailed to each board member within thirty days after a meeting.

D. A board member failing to attend three consecutive meetings, either regular or special, shall automatically be removed as a member of the board.

E. The board shall adopt a seal.

F. The board shall promulgate and file, in accordance with the State Rules Act, all rules necessary for the implementation and enforcement of the provisions of the Chiropractic Physician Practice Act, including educational requirements for a chiropractic assistant.

G. The board, for the purpose of protecting the health and well-being of the citizens of this state and maintaining and continuing informed professional knowledge and awareness, shall establish by rule mandatory continuing education requirements for chiropractic physicians and certified advanced practice chiropractic physicians licensed in this state.

H. Failure to comply with the rules adopted by the board shall be grounds for investigation, which may lead to revocation of license.

I. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act [but shall receive no other compensation, perquisite or allowance for each day necessarily spent in the discharge of their duties] and may be compensated by the regulation and licensing department for time spent carrying out the duties of a board member."

SECTION 5. Section 61-4-4 NMSA 1978 (being Laws 1968, Chapter 3, Section 4, as amended) is amended to read:

"61-4-4. APPLICATION REQUIREMENTS--EVALUATION.--

A. Each applicant for a license to practice chiropractic shall:

(1) make application on forms furnished by the board;

(2) submit evidence on oath satisfactory to the board that the applicant has reached the age of majority, has completed a preliminary education equal to the requirements for graduation from high school, is of good moral character and, after January 1, 1976, except for any student currently enrolled in a college of chiropractic, has completed two years of college-level study in an accredited institution of higher learning and is a graduate of a college of chiropractic that meets the standards of professional education prescribed in Section 61-4-5 NMSA 1978; and

(3) pay in advance to the board fees:

(a) for examination; and

(b) except as provided in Section 61-1-34 NMSA 1978 and Subsection D of this section, for issuance of a license.

B. In evaluating an application, the board may use the services of a professional background information service that compiles background information regarding applicants from multiple sources.

C. Each applicant for inclusion in the advanced practice chiropractic certification registry shall furnish materials and proof of education and training as established by rule of the board.

D. Until July 1, 2034, a first-time applicant for licensure shall not be charged a licensure fee."

SECTION 6. Section 61-4-13 NMSA 1978 (being Laws 1968, Chapter 3, Section 12, as amended) is amended to read:

"61-4-13. ANNUAL RENEWAL OF LICENSE--FEE--NOTICE.--

A. Except as provided in Section 61-1-34 NMSA 1978 and Subsection C of this section, a person licensed to practice chiropractic in this state shall, on or before July 1 of each year, pay to the board an annual fee set by [regulation] rule and shall submit proof of completion of continuing education requirements as required by the board. The board shall send written notice to every person holding a license prior to June 1 of each year, directed to the last known address of the licensee, notifying the licensee that it is necessary to pay the renewal fee as provided in the Chiropractic Physician Practice Act. Proper forms shall accompany the notice, upon which forms the licensee shall make application for the renewal of the license. The licensee is responsible for renewal of the license even if the licensee does not receive the renewal notice.

B. The board shall establish a schedule of reasonable fees for applications, licenses, renewals, placement or inactive status and administrative fees.

C. Until July 1, 2034, a person licensed to practice chiropractic in this state shall not be charged a license renewal fee for the person's first two license renewals after obtaining licensure."

SECTION 7. Section 61-5A-8 NMSA 1978 (being Laws 1994, Chapter 55, Section 8, as amended by Laws 2003, Chapter 408, Section 4 and by Laws 2003, Chapter 409, Section 6) is amended to read:

"61-5A-8. BOARD CREATED.--

A. There is created the nine-member "New Mexico board of dental health care". The board [shall be] is administratively attached to the regulation and licensing department. The board [shall consist] consists of five dentists, two dental hygienists and two public members. The dentists shall be actively practicing and have been licensed practitioners and residents of New Mexico for a period of five years preceding the date of appointment. The dental hygienist members shall be members of the committee and shall be elected annually to sit on the board by those sitting on the committee. The appointed public members shall be residents of New Mexico and shall have no financial interest, direct or indirect, in the professions regulated in the Dental Health Care Act.

B. The governor may appoint the dentist members from a list of names submitted by the New Mexico dental association. There shall be one member from each district. All board members shall serve until their successors have been appointed. No more than one member may be employed by or receive remuneration from a dental or dental hygiene educational institution.

C. Appointments for dentists and public members shall be for terms of five years. Dentists' appointments shall be made so that the term of one dentist member expires on July 1 of each year. Public members' five-year terms begin at the date of appointment.

D. A board member failing to attend three board or committee meetings, either regular or special, during the board member's term shall automatically be removed as a member of the board unless excused from attendance by the board for good cause shown. Members of the board not sitting on the committee shall not be required or allowed to attend committee disciplinary hearings.

E. A board member shall not serve more than two full terms on any state-chartered board whose responsibility includes the regulation of practice or licensure of dentistry or dental hygiene in New Mexico. A partial term of three or more years shall be considered a full term.

F. In the event of a vacancy, the secretary of the board shall immediately notify the governor, the board and committee members and the New Mexico dental association of the reason for its occurrence and action taken by the board, so as to expedite appointment of a new board member.

G. The board shall meet at least four times every year, and no more than two meetings shall be public rules hearings. Regular meetings shall not be more than one hundred twenty days apart. The board may also hold special meetings and emergency meetings in accordance with rules of the board upon written notice to all members of the board and the committee.

H. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act and [shall receive no other compensation, perquisite or allowance; however] may be compensated by the regulation and licensing department for time spent carrying out the duties of a board member. The secretary-treasurer may be compensated at the discretion of the board.

I. A simple majority of the board members currently serving shall constitute a quorum, provided at least two of that quorum are not dentist members and three are dentist members.

J. The board shall elect officers annually as deemed necessary to administer its duties and as provided in its rules."

SECTION 8. Section 61-7A-5 NMSA 1978 (being Laws 1989, Chapter 387, Section 5, as amended) is amended to read:

"61-7A-5. BOARD CREATED.--

A. There is created the "nutrition and dietetics practice board", administratively attached to the regulation and licensing department. The board shall consist of five members who are New Mexico residents and who are appointed by the governor for staggered three-year terms. Three members shall be licensed dietitians or nutritionists with at least three years of nutrition or dietetics practice in New Mexico and two members shall represent the public. There shall be at least one dietitian and at least one nutritionist on the board at all times. The public members shall not have been licensed as [a dietitian or nutritionist] dietitians or nutritionists or have any financial interest, direct or indirect, in the professions regulated.

B. Each member shall hold office until the expiration of the term for which appointed or until a successor has been appointed. [Vacancies] A vacancy shall be filled for the balance of the unexpired term within ninety days of the vacancy by appointment by the governor.

C. No board member shall serve more than two full terms.

D. The board shall elect annually a [chairman] chair and such other officers as it deems necessary. The board shall meet as often as necessary for the conduct of business, but no less than twice a year. Meetings shall be called by the [chairman] chair or upon the written request of two or more members of the board. Three members, at least two of whom are professional members and at least one of whom is a public member, shall constitute a quorum. [Any] A member failing to attend, after proper notice, three consecutive meetings shall automatically be removed as a board member.

E. The members of the board shall be reimbursed as provided for nonsalaried public officers in the Per Diem and Mileage Act and [shall receive no other compensation, perquisite or allowance] may be compensated by the regulation and licensing department for time spent performing the duties of a board member."

SECTION 9. Section 61-7A-11 NMSA 1978 (being Laws 1989, Chapter 387, Section 11, as amended) is amended to read:

"61-7A-11. FEES.--

A. Except as provided in Section 61-1-34 NMSA 1978 and Subsection F of this section, the board shall establish a schedule of reasonable fees for applications, licenses and renewal of licenses. Fees shall be established based on processing requirements for each category.

B. The initial application fee shall be set in an amount not to exceed fifty dollars ($50.00).

C. The initial license fee shall be set in an amount not to exceed one hundred fifty dollars ($150).

D. A license renewal fee shall be established in an amount not to exceed seventy-five dollars ($75.00) per year.

E. A license reinstatement fee shall be established in an amount not to exceed fifty dollars ($50.00).

F. Until July 1, 2034, a first-time applicant for licensure shall not be charged an application fee or licensure fee, and a person licensed pursuant to the Nutrition and Dietetics Practice Act shall not be charged a license renewal fee for the person's first two license renewals after obtaining licensure."

SECTION 10. Section 61-9-5 NMSA 1978 (being Laws 1989, Chapter 41, Section 5, as amended) is amended to read:

"61-9-5. STATE BOARD OF EXAMINERS--PSYCHOLOGY FUND.--

A. There is created a "New Mexico state board of psychologist examiners". The board shall be administratively attached to the regulation and licensing department. The board shall consist of eight members appointed by the governor who are residents of New Mexico and who shall serve for three-year staggered terms. The members shall be appointed as follows:

(1) four members shall be professional members who are licensed under the Professional Psychologist Act as psychologists. The governor shall appoint the professional members from a list of names nominated by the New Mexico psychological association, the state psychologist association and the New Mexico school psychologist association;

(2) one member shall be licensed under the Professional Psychologist Act as a psychologist or psychologist associate; and

(3) three members shall be public members who are [laymen] laypersons and have no significant financial interest, direct or indirect, in the practice of psychology.

B. A member shall hold office until the expiration of [his] the member's appointed term or until a successor is duly appointed. When the term of a member ends, the governor shall appoint [his] a successor for a term of three years. A vacancy occurring in the board membership other than by expiration of term shall be filled by the governor by appointment for the unexpired term of the member. The governor may remove a board member for misconduct, incompetency or neglect of duty.

C. All money received by the board shall be credited to the "psychology fund". Money in the psychology fund at the end of the fiscal year shall not revert to the general fund and shall be used in accordance with the provisions of the Professional Psychologist Act. The members of the board may be reimbursed as provided in the Per Diem and Mileage Act [but shall receive no other compensation, perquisite or allowance] and may be compensated by the regulation and licensing department for time spent carrying out the duties of a board member."

SECTION 11. Section 61-9-7 NMSA 1978 (being Laws 1963, Chapter 92, Section 6, as amended) is amended to read:

"61-9-7. FEES--LICENSE RENEWAL.--

A. All fees from applicants seeking licensure under the Professional Psychologist Act and all license renewal fees received under the Professional Psychologist Act shall be credited to the psychology fund. No fees shall be refunded.

B. Except as provided in Section 61-1-34 NMSA 1978 and Subsection E of this section, the board shall set the charge for an application fee of up to six hundred dollars ($600) to applicants for licensure under Sections 61-9-9 through 61-9-11.1 NMSA 1978.

C. The board may establish a method to provide for staggered biennial terms. The board may authorize license renewal for one year to establish the renewal cycle.

D. Except as provided in Section 61-1-34 NMSA 1978

and Subsection E of this section, a licensee shall renew a license biennially on or before July 1 by remitting to the board the renewal fee set by the board not exceeding six hundred dollars ($600) and providing proof of continuing education as required by [regulation] rule of the board. Any license issued by the board may be suspended if the holder fails to renew the license by July 1 of any year. A license suspended for failure to renew may be renewed within a period of one year after the suspension upon payment of the renewal fee plus a late fee of one hundred dollars ($100), together with proof of continuing education satisfactory to the board. The license shall be revoked if the license has not been renewed within one year of the suspension for failure to renew. Prior to issuing a new license, the board may in its discretion require full or partial examination of a former licensee whose license was revoked because of failure to renew.

E. Until July 1, 2034, a first-time applicant for licensure shall not be charged an application fee or licensure fee, and a person licensed pursuant to the Professional Psychologist Act shall not be charged a license renewal fee for the person's first two license renewals after obtaining licensure."

SECTION 12. Section 61-9A-7 NMSA 1978 (being Laws 1993, Chapter 49, Section 7, as amended) is amended to read:

"61-9A-7. BOARD CREATED--MEMBERS--APPOINTMENT--TERMS--COMPENSATION.--

A. There is created the "counseling and therapy practice board". The board is administratively attached to the department.

B. The board consists of seven members who are United States citizens, have been New Mexico residents for at least five years prior to their appointment and maintain New Mexico residency during their appointment. Of the seven members:

(1) five members shall be professional members, who shall be a professional mental health counselor, a professional clinical mental health counselor, a marriage and family therapist, a professional art therapist and an alcohol and drug abuse counselor, licensed under the Counseling and Therapy Practice Act and shall have engaged in a counselor and therapist practice for at least five years. The professional mental health counselor shall also represent the registered independent and licensed mental health counselors; and

(2) two members shall represent the public. The public members shall not have been licensed or have practiced as counselor or therapist practitioners or in any other regulated mental health profession, nor have any significant financial interest, either direct or indirect, in the professions regulated.

C. Members of the board shall be appointed by the governor for staggered terms of four years. A member shall hold office until a successor is appointed. Vacancies shall be filled in the same manner as original appointments. No appointee shall serve more than two terms.

D. The governor may appoint professional board members from a list of nominees submitted by qualified individuals and organizations, including the New Mexico counseling association, the New Mexico association for marriage and family therapy, the New Mexico art therapy association and the alcohol and drug directors association.

E. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act and [shall receive no other compensation, perquisite or allowance] may be compensated by the department for time spent carrying out the duties of a board member.

F. The board shall elect annually from its membership a chair and a secretary and other officers as necessary to carry out its duties.

G. The board shall meet once a year and at other times deemed necessary. Other meetings may be called by the chair upon the written request of three members of the board. A simple majority of the board members shall constitute a quorum of the board.

H. Any member failing to attend three meetings after proper notice shall be automatically recommended for removal as a board member, unless excused by the board chair for one of the following reasons:

(1) extenuating circumstances beyond the member's control, including illness;

(2) prearranged activities out of town; or

(3) other severe circumstances that do not allow a member to attend."

SECTION 13. Section 61-9A-24 NMSA 1978 (being Laws 1993, Chapter 49, Section 24, as amended) is amended to read:

"61-9A-24. LICENSE AND REGISTRATION FEES.--

A. Except as provided in Section 61-1-34 NMSA 1978

and Subsection B of this section, applicants for licensure or registration shall pay fees set by the board in an amount not to exceed:

[A.] (1) for application for initial licensure, seventy-five dollars ($75.00), which is not refundable;

[B.] (2) for licensure or renewal as a professional mental health counselor or registered independent mental health counselor, three hundred dollars ($300);

[C.] (3) for licensure or renewal as a clinical professional mental health counselor, marriage and family therapist or professional art therapist, four hundred twenty dollars ($420);

[D.] (4) for registration or renewal as a registered mental health counselor, licensed mental health counselor, licensed associate marriage and family therapist or registered independent mental health counselor, two hundred forty dollars ($240);

[E.] (5) for all examinations, seventy-five dollars ($75.00) or, if a national examination is used, an amount that shall not exceed the national examination costs by more than twenty-five percent;

[F.] (6) for a duplicate or replacement license or registration, twenty-five dollars ($25.00);

[G.] (7) for failure to renew a license or registration within the allotted grace period, a late penalty fee not to exceed one hundred dollars ($100);

[H.] (8) reasonable administrative fees; and

[I.] (9) for licensure, registration or renewal as an alcohol and drug abuse counselor, an alcohol abuse counselor, a drug abuse counselor or a substance abuse associate, two hundred dollars ($200).

B. Until July 1, 2034, a first-time applicant for licensure or registration shall not be charged an application fee, registration fee or licensure fee, and a person licensed or registered pursuant to the Counseling and Therapy Practice Act shall not be charged a license renewal fee or registration renewal fee for the person's first two license or registration renewals."

SECTION 14. Section 61-11-5 NMSA 1978 (being Laws 1969, Chapter 29, Section 4, as amended) is amended to read:

"61-11-5. BOARD MEETINGS--QUORUM--OFFICERS--BONDS--EXPENSES.--

A. The board shall annually elect a [chairman] chair, vice [chairman] chair and secretary-treasurer from its membership.

B. The board shall meet at least once every three months. Special meetings may be called by the [chairman] chair and shall be called upon the written request of two or more members of the board. Notification of special meetings shall be made by certified mail unless the notice is waived by the entire board and noted in the minutes. Notice of all regular meetings shall be made by regular mail at least ten days prior to the meeting, and copies of the minutes of all meetings shall be mailed to each board member within forty-five days after any meeting.

C. A majority of the board constitutes a quorum.

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] may be compensated by the regulation and licensing department for time spent carrying out the duties of a board member."

SECTION 15. Section 61-11-12 NMSA 1978 (being Laws 1969, Chapter 29, Section 11, as amended) is amended to read:

"61-11-12. LICENSE FEES.--

A. Except as provided in Section 61-1-34 NMSA 1978 and Subsection D of this section, an applicant for licensure as a pharmacist or pharmacist intern or registration as a pharmacy technician shall pay the following fees, which fees shall not be returnable:

(1) for initial licensure as a pharmacist, a fee set by the board not to exceed four hundred dollars ($400); provided that if the applicant fails a portion of an examination, reexamination is subject to the same fee as the first examination;

(2) for initial licensure as a pharmacist intern, a fee not to exceed twenty-five dollars ($25.00); and

(3) for initial registration as a pharmacy technician, a fee not to exceed twenty-five dollars ($25.00).

B. The board shall issue a license or registration to each successful applicant and enter the successful applicant's name and pertinent information in the registry maintained by the board.

C. Every registration or license shall have the seal of the board affixed and be signed by the board chair.

D. Until July 1, 2034, a first-time applicant for licensure or registration shall not be charged an application fee, registration fee or licensure fee."

SECTION 16. Section 61-11-13 NMSA 1978 (being Laws 1969, Chapter 29, Section 12, as amended) is amended to read:

"61-11-13. RENEWAL--REVOCATION.--

A. The renewal date for each licensee shall be the last day of the licensee's birth month, as set by rule of the board. Any person who intends to continue practice shall file an application for renewal prior to that date and, except as provided in Section 61-1-34 NMSA 1978 and Subsection F of this section, pay the renewal fee set by the board in an amount not to exceed one hundred fifty dollars ($150) per year; provided, however, that the board shall prorate a renewal fee charged for a period of less than a full year. The license of a pharmacist failing to renew the pharmacist's license on or before the date set by the board shall automatically expire, and the license shall not be reinstated except upon reapplication and payment of a one hundred dollar ($100) reinstatement fee and all delinquent renewal fees.

B. A pharmacist ceasing to be engaged in the practice of pharmacy for such period as the board determines, but not less than twelve months, is deemed to be inactive and shall have the pharmacist's license renewal so marked. A pharmacist having an inactive status shall not be reinstated to active status without either an examination or the presentation of evidence satisfactory to the board that the pharmacist has taken some form of internship or continuing education relevant to the practice of pharmacy, or both, immediately prior to the pharmacist's application for reinstatement. Pharmacists regularly engaged in teaching in an approved school or college of pharmacy, servicing, manufacturing, inspecting or other phases of the pharmaceutical profession are in active status for the purposes of this subsection.

C. Application for renewal of a pharmacist's license shall be made on forms prescribed and furnished by the board and shall indicate whether the renewal applied for will be an active or inactive license. The application, together with the renewal fee, shall be filed with the board.

D. Application for renewal of a pharmacist's license shall be accompanied by proof satisfactory to the board that the applicant has completed continuing education requirements established pursuant to Section 61-11-6 NMSA 1978.

E. An application for renewal of a certificate of registration as a pharmacy technician or license as a pharmacist intern shall be filed with the board on forms prescribed and furnished by the board and shall be accompanied by a renewal fee not to exceed twenty-five dollars ($25.00) per year.

F. Until July 1, 2034, a pharmacist's first two license renewals after obtaining licensure shall be free of charge and shall not be subject to a license renewal fee."

SECTION 17. Section 61-12A-8 NMSA 1978 (being Laws 1996, Chapter 55, Section 8, as amended) is amended to read:

"61-12A-8. BOARD CREATED.--

A. The "board of examiners for occupational therapy" is created.

B. The board shall be administratively attached to the regulation and licensing department.

C. The board shall consist of five members appointed by the governor who have been residents of the state for at least two years preceding the appointment.

D. Three members shall be licensed under the provisions of the Occupational Therapy Act; have a minimum of five years' professional experience, with two years' experience in New Mexico; and have not had their licenses suspended or revoked by this or any other state. One of the professional members may be an occupational therapy assistant and one of the professional members may be a retired occupational therapist or occupational therapy assistant, who has been retired for no more than five years at the time of appointment.

E. Two members shall represent the public. The two public members shall have no direct interest in the profession of occupational therapy. The public members shall not:

(1) have been convicted of a felony;

(2) be habitually intemperate or be addicted to the use of habit-forming drugs or be addicted to any other vice to such a degree as to render the member unfit to fulfill [his] board duties and responsibilities; or

(3) be guilty of a violation of the Controlled Substances Act.

F. Appointments shall be made for staggered terms of three years with no more than two terms ending at any one time. A board member shall not serve more than two consecutive terms. Vacancies shall be filled for the unexpired term by appointment by the governor prior to the next scheduled board meeting.

G. An individual member of the board shall not be liable in a civil or criminal action for an act performed in good faith in the execution of [his] duties as a member of the board.

H. Members of the board shall be reimbursed for per diem and travel expenses as provided in the Per Diem and Mileage Act and [shall receive no other compensation, perquisite or allowance] may be compensated by the regulation and licensing department for time spent carrying out the duties of a board member.

I. A simple majority of the board members currently serving shall constitute a quorum of the board for the conduct of business.

J. The board shall meet at least four times a year and at other times as it deems necessary. Additional meetings may be convened at the call of the president of the board or on the written request of any two board members to the president. Meetings of the board shall be conducted in accordance with the provisions of the Open Meetings Act.

K. A member failing to attend three consecutive meetings, unless excused as provided by board policy, shall automatically be recommended for removal as a member of the board.

L. At the beginning of each fiscal year, the board shall elect a president, vice president and secretary-treasurer."

SECTION 18. Section 61-12A-18 NMSA 1978 (being Laws 1996, Chapter 55, Section 18, as amended) is amended to read:

"61-12A-18. FEES.--

A. Except as provided in Section 61-1-34 NMSA 1978 and Subsection B of this section, the board shall establish a schedule of reasonable fees, including an initial licensure fee, an annual renewal fee, an examination fee, a late renewal fee and an inactive status fee. The initial licensure fee is not refundable and shall cover the cost of processing the application and shall include, for successful applicants, the initial annual renewal fee. The board may impose reasonable administration and duplicating fees or any penalties deemed appropriate.

B. Until July 1, 2034, a first-time applicant for licensure shall not be charged an application fee or licensure fee, and a licensee shall not be charged a license renewal fee for the licensee's first two license renewals after obtaining licensure."

SECTION 19. Section 61-12B-5 NMSA 1978 (being Laws 1984, Chapter 103, Section 5, as amended) is amended to read:

"61-12B-5. ADVISORY BOARD CREATED.--

A. The superintendent shall appoint an "advisory board of respiratory care practitioners" consisting of five members as follows:

(1) one physician licensed in New Mexico who is knowledgeable in respiratory care;

(2) two respiratory care practitioners who are residents of New Mexico, licensed by the department and in good standing. At least one of the respiratory care practitioners shall have been actively engaged in the practice of respiratory care for at least five years immediately preceding appointment or reappointment; and

(3) two public members who are residents of New Mexico. A public member shall not have been licensed as a respiratory care practitioner nor shall [he] the public member have any financial interest, direct or indirect, in the occupation to be regulated.

B. The board shall be administratively attached to the department.

C. A member shall serve no more than two consecutive three-year terms.

D. [A member] Members of the board shall [receive] be reimbursed for per diem and [mileage] travel expenses as provided [for nonsalaried public officers] in the Per Diem and Mileage Act and [shall receive no other compensation, perquisite or allowance in connection with the discharge of his duties as a board member] may be compensated by the department for time spent carrying out the duties of a board member.

E. A member failing to attend three consecutive regular and properly noticed meetings of the board without a reasonable excuse shall be automatically removed from the board.

F. In the event of a vacancy, the board shall immediately notify the superintendent of the vacancy. Within ninety days of receiving notice of a vacancy, the superintendent shall appoint a qualified person to fill the remainder of the unexpired term.

G. A majority of the board members currently serving constitutes a quorum of the board.

H. The board shall meet at least twice a year and at such other times as it deems necessary.

I. The board shall annually elect officers as deemed necessary to administer its duties."

SECTION 20. Section 61-12B-11 NMSA 1978 (being Laws 1984, Chapter 103, Section 11, as amended) is amended to read:

"61-12B-11. FEES.--

A. Except as provided in Section 61-1-34 NMSA 1978 and Subsection D of this section, the superintendent, in consultation with the board, shall by rule establish a schedule of reasonable fees for licenses, temporary permits and renewal of licenses for respiratory care practitioners.

B. The initial application fee shall be set in an amount not to exceed one hundred fifty dollars ($150).

C. A license renewal fee shall be established in an amount not to exceed one hundred fifty dollars ($150).

D. Until July 1, 2034 a first-time applicant for licensure shall not be charged an application fee or licensure fee, and a respiratory care practitioner shall not be charged a license renewal fee for the respiratory care practitioner's first two license renewals after obtaining licensure."

SECTION 21. Section 61-12C-7 NMSA 1978 (being Laws 1991, Chapter 147, Section 7, as amended) is amended to read:

"61-12C-7. BOARD CREATED--MEMBERSHIP.--

A. The "massage therapy board" is created. The board is administratively attached to the department.

B. The board consists of five members who are New Mexico residents. Members of the board shall be appointed by the governor to terms of four years. The terms shall be staggered, and the governor shall make appointments of two two-year terms, two three-year terms and one four-year term, if necessary, to produce staggered terms. Three members of the board shall be massage therapists, each with at least five years of massage therapy practice and who are actively engaged in the practice of massage therapy during their tenure as members. Two members of the board shall be public members who have not been licensed and have no financial interest, direct or indirect, in the profession of massage therapy.

C. Each member of the board shall hold office until a successor has been appointed and qualified.

D. No board member shall serve more than two full consecutive terms.

E. The board shall elect annually a chair and other officers as it deems necessary. The board shall meet as often as necessary for the conduct of business, but no less than twice a year. Meetings shall be held in accordance with the Open Meetings Act. Three members, at least one of whom must be a public member, shall constitute a quorum.

F. A board member may be recommended for removal as a member of the board for failing to attend, after proper notice, three consecutive board meetings.

G. Members of the board shall be reimbursed [as provided for nonsalaried public officers] for per diem and travel expenses as provided in the Per Diem and Mileage Act and [shall receive no other compensation, perquisite or allowance] may be compensated by the department for time spent carrying out the duties of a board member."

SECTION 22. Section 61-12C-20 NMSA 1978 (being Laws 1991, Chapter 147, Section 20, as amended) is amended to read:

"61-12C-20. LICENSE FEES.--

A. Except as provided in Section 61-1-34 NMSA 1978 and Subsection B of this section, the board shall establish by rule a schedule of reasonable fees for applications, examinations, licenses, registrations, inspections, renewals, penalties, reactivation and necessary administrative fees, but no single fee shall exceed five hundred dollars ($500). All fees collected shall be deposited in the massage therapy fund.

B. Until July 1, 2034, a first-time applicant for licensure shall not be charged an application fee or licensure fee, and a massage therapist shall not be charged a license renewal fee for the massage therapist's first two license renewals after obtaining licensure."

SECTION 23. Section 61-12D-4 NMSA 1978 (being Laws 1997, Chapter 89, Section 4, as amended) is amended to read:

"61-12D-4. BOARD CREATED.--

A. The "physical therapy board" is created. The board shall be administratively attached to the regulation and licensing department. The board shall consist of five members appointed by the governor. Three members shall be physical therapists who are residents of the state, who possess unrestricted licenses to practice physical therapy and who have been practicing in New Mexico for no less than five years. Two members shall be citizens appointed from the public at large who are not associated with, or financially interested in, any health care profession.

B. Appointments shall be made for staggered terms of three years with no more than two terms ending at any one time. A member shall not serve for more than two successive three-year terms. Vacancies shall be filled for the unexpired term by appointment by the governor prior to the next scheduled board meeting. Board members shall continue to serve until a successor has been appointed and qualified.

C. The members shall elect a [chairman] chair and may elect other officers as they deem necessary.

D. The governor may remove a member of the board for misconduct, incompetence or neglect of duty.

E. Members may receive per diem and mileage pursuant to the Per Diem and Mileage Act [but shall receive no other compensation, perquisite or allowance] and may be compensated by the regulation and licensing department for time spent carrying out the duties of a board member.

F. There shall be no liability on the part of and no action for damages against any board member when the member is acting within the scope of [his] the member's duties."

SECTION 24. Section 61-12D-7 NMSA 1978 (being Laws 1997, Chapter 89, Section 7, as amended) is amended to read:

"61-12D-7. FEES.--

A. Except as provided in Section 61-1-34 NMSA 1978 and Subsection C of this section, the board, by [regulation] rule, may charge the following fees:

(1) application for licensure as a physical therapist, not to exceed three hundred dollars ($300); provided that an additional fee to cover the cost of any examinations provided by the board may be charged;

(2) application for licensure as a physical therapist assistant, not to exceed three hundred dollars ($300); provided that an additional fee to cover the cost of any examinations provided by the board may be charged;

(3) annual renewal of license as a physical therapist, not to exceed one hundred fifty dollars ($150);

(4) annual renewal of license as a physical therapist assistant, not to exceed one hundred dollars ($100); and

(5) late fee, not to exceed five hundred dollars ($500).

B. The board may charge reasonable administration and duplication fees.

C. Until July 1, 2034, a first-time applicant for licensure shall not be charged an application fee or licensure fee, and a person licensed pursuant to the Physical Therapy Act shall not be charged a license renewal fee for the person's first two license renewals after obtaining licensure."

SECTION 25. Section 61-14A-7 NMSA 1978 (being Laws 1993, Chapter 158, Section 15, as amended) is amended to read:

"61-14A-7. BOARD CREATED--APPOINTMENT--OFFICERS--COMPENSATION.--

A. The "board of acupuncture and oriental medicine" is created.

B. The board is administratively attached to the regulation and licensing department.

C. The board shall consist of seven members appointed by the governor for terms of three years each. Four members of the board shall be doctors of oriental medicine who have been residents of and practiced acupuncture and oriental medicine in New Mexico for at least five years immediately preceding the date of their appointment. Three members shall be appointed to represent the public and shall not have practiced acupuncture and oriental medicine in this or any other jurisdiction or have any financial interest in the profession regulated. [No] A board member shall not be the owner, principal or director of an institute offering educational programs in acupuncture and oriental medicine. No more than one board member may be from each of the following categories:

(1) a faculty member at an institute offering educational programs in acupuncture and oriental medicine;

(2) a tutor in acupuncture and oriental medicine; or

(3) an officer or director in a professional association of acupuncture and oriental medicine.

D. Members of the board shall be appointed by the governor for staggered terms of three years that shall be made in such a manner that the terms of board members expire on July 1. A board member shall serve until [his] a successor has been appointed and qualified. Vacancies shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

E. A board member shall not serve more than two consecutive full terms, and a board member who fails to attend, after [he] the board member has received proper notice, three consecutive meetings shall be recommended for removal as a board member unless excused for reasons established by the board.

F. The board shall elect annually from its membership a [chairman] chair and other officers as necessary to carry out its duties.

G. The board shall meet at least once each year and at other times deemed necessary. Other meetings may be called by the [chairman] chair, a majority of board members or the governor. A simple majority of the board members serving constitutes a quorum of the board.

H. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act and [shall receive no other compensation, perquisite or allowance] may be compensated by the regulation and licensing department for time spent carrying out the duties of a board member."

SECTION 26. Section 61-14A-16 NMSA 1978 (being Laws 1993, Chapter 158, Section 24, as amended) is amended to read:

"61-14A-16. FEES.--

A. Except as provided in Section 61-1-34 NMSA 1978 and Subsection B of this section, the board shall establish a schedule of reasonable nonrefundable fees not to exceed the following amounts:

[A.] (1) application for licensing. . . .$800;

[B.] (2) application for expedited licensing

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .750;

[C.] (3) application for temporary licensing

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .500;

[D.] (4) examination, not including the cost of any nationally recognized examination. . . . . . . . . .700;

[E.] (5) annual license renewal . . .400;

[F.] (6) late license renewal. . . . . . .200;

[G.] (7) expired license renewal. . . . . 400;

[H.] (8) temporary license renewal. . . . 100;

[I.] (9) application for approval or renewal of approval of an educational program. . . . . . . . . . . 600;

[J.] (10) late renewal of approval of an educational program. . . . . . . . . . . . . . . . . . . . 200;

[K.] (11) annual continuing education provider registration. . . . . . . . . . . . . . . . . . . . . . . .200;

[L.] (12) application for extended or expanded prescriptive authority. . . . . . . . . . . . . . . . . . .500;

[M.] (13) application for externship supervisor registration. . . . . . . . . . . . . . . . . . 500;

[N.] (14) application for extern

certification. . . . . . . . . . . . . . . . . . . . . . . 500;

and

[O.] (15) fees to cover reasonable and necessary administrative expenses.

B. Until July 1, 2034, a first-time applicant for licensure shall not be charged an application fee or licensure fee, and a person licensed pursuant to the Acupuncture and Oriental Medicine Practice Act shall not be charged a license renewal fee for the person's first two license renewals after obtaining licensure."

SECTION 27. Section 61-14B-10 NMSA 1978 (being Laws 1996, Chapter 57, Section 10, as amended) is amended to read:

"61-14B-10. TERMS--REIMBURSEMENT--MEETINGS.--

A. Members of the board shall be appointed by the governor for staggered terms of three years. Each member shall hold office until the member's successor is appointed. Vacancies shall be filled for the unexpired term in the same manner as original appointments.

B. A majority of the board members serving constitutes a quorum of the board. The board shall meet at least once a year and at such other times as it deems necessary.

C. The board shall elect a chair and other officers as deemed necessary to administer its duties.

D. No board member shall serve more than two full consecutive terms, and a member failing to attend three meetings after proper notice shall automatically be recommended for removal as a board member unless excused for reasons set forth in board [regulations] rules.

F. No member of the board shall be liable in a civil action for any act performed in good faith in the performance of the member's duties."

SECTION 28. Section 61-14B-20 NMSA 1978 (being Laws 1996, Chapter 57, Section 20, as amended) is amended to read:

"61-14B-20. FEES.--

A. Except as provided in Section 61-1-34 NMSA 1978 and Subsection B of this section, the board shall establish a schedule of reasonable fees for applications, licenses, renewal of licenses, exams, penalties and administrative fees. The license and license renewal fees shall not exceed:

[A.] (1) one hundred dollars ($100) for clinical fellows and apprentices in speech and language;

[B.] (2) two hundred dollars ($200) for audiologists or speech-language pathologists;

[C.] (3) six hundred dollars ($600) for hearing aid dispensers;

[D.] (4) four hundred dollars ($400) for examinations;

[E.] (5) one hundred dollars ($100) for late renewal fees;

[F.] (6) four hundred dollars ($400) for hearing aid dispensing endorsement;

[G.] (7) five hundred dollars ($500) for a hearing aid dispenser trainee license, which fee includes examination, both written and practical;

[H.] (8) one hundred dollars ($100) for bilingual-multicultural endorsement; and

[I.] (9) reasonable administrative fees.

B. Until July 1, 2034, a first-time applicant for licensure shall not be charged an application fee or licensure fee, and a person licensed pursuant to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act shall not be charged a license renewal fee for the person's first two license renewals after obtaining licensure."

SECTION 29. Section 61-14D-7 NMSA 1978 (being Laws 1993, Chapter 325, Section 7, as amended) 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. Three of the members shall be athletic trainers licensed pursuant to provisions of the Athletic Trainer Practice Act. 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] may be compensated by the department for time spent carrying out the duties of a board member.

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] rules.

H. The board shall elect a [chairman] chair and other officers as deemed necessary to administer its duties."

SECTION 30. Section 61-14D-14 NMSA 1978 (being Laws 1993, Chapter 325, Section 14, as amended) is amended to read:

"61-14D-14. FEES.--

A. Except as provided in Section 61-1-34 NMSA 1978 and Subsection B of this section, the board shall establish a schedule of reasonable fees, not to exceed one hundred dollars ($100) each for applications, licenses, expedited licenses, provisional permits, renewal of licenses, placement on inactive status and necessary and reasonable administrative fees and initial prorated licensing fees.

B. Until July 1, 2034, a first-time applicant for licensure shall not be charged an application fee or licensure fee, and a person licensed pursuant to the Athletic Trainer Practice Act shall not be charged a license renewal fee for the person's first two license renewals after obtaining licensure."

SECTION 31. EFFECTIVE DATES.--

A. The effective date of the provisions of Sections 2, 3, 5, 6, 9, 11, 13, 15, 16, 18, 20, 22, 24, 26, 28 and 30 of this act is July 1, 2024.

B. The effective date of the provisions of Sections 8, 10, 17, 19, 23, 25, 27 and 29 of this act is July 1, 2027.

C. The effective date of the provisions of Sections 12 and 21 of this act is July 1, 2028.

D. The effective date of the provisions of Sections 1, 4, 7 and 14 of this act is July 1, 2029.

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