0001| AN ACT | 0002| RELATING TO PROFESSIONAL LICENSING; ENACTING THE OCCUPATIONAL THERAPY | 0003| ACT; PROVIDING LICENSURE REQUIREMENTS; CREATING A BOARD; PROVIDING | 0004| POWERS AND DUTIES; CREATING A FUND; PROVIDING DISCIPLINARY AND CRIMINAL | 0005| PENALTIES; REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN | 0006| APPROPRIATION. | 0007| | 0008| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0009| Section 1. SHORT TITLE.--This act may be cited as the | 0010| "Occupational Therapy Act". | 0011| Section 2. PURPOSE.--It is the purpose of the Occupational | 0012| Therapy Act to provide for the regulation of persons offering | 0013| occupational therapy services to the public in order to safeguard the | 0014| public health, safety and welfare, to protect the public from being | 0015| misled by incompetent and unauthorized persons, to assure the highest | 0016| degree of professional conduct on the part of registered occupational | 0017| therapists and certified occupational therapy assistants and to assure | 0018| the availability of occupational therapy services of high quality to | 0019| persons in need of such services. | 0020| Section 3. DEFINITIONS.--As used in the Occupational Therapy Act: | 0021| A. "board" means the board of examiners for occupational | 0022| therapy; | 0023| B. "censure" means a formal expression of disapproval that | 0024| is publicly announced; | 0025| C. "certified occupational therapy assistant" means a person | 0001| having no less than an associate degree in occupational therapy who is | 0002| certified by the American occupational therapy certification board and | 0003| licensed in New Mexico to assist a registered occupational therapist in | 0004| occupational therapy under the supervision of the registered | 0005| occupational therapist; | 0006| D. "denial of license" means that a person is barred from | 0007| becoming licensed to practice in accordance with the provisions of the | 0008| Occupational Therapy Act either indefinitely or for a certain period; | 0009| E. "licensee" means a registered occupational therapist or | 0010| certified occupational therapy assistant, as appropriate; | 0011| F. "occupational therapy" means the use of purposeful | 0012| activity or intervention designed to achieve functional outcomes that | 0013| promote health, prevent injury or disability and develop, improve, | 0014| sustain or restore to the highest possible level of independence a | 0015| person who has an injury, illness, psychosocial dysfunction, mental | 0016| illness, developmental or learning disability, physical disability or | 0017| other disorder or condition; | 0018| G. "occupational therapy aide or technician" means an | 0019| unlicensed person who assists in occupational therapy, who works under | 0020| direct supervision of a registered occupational therapist or certified | 0021| occupational therapy assistant; | 0022| H. "person" means an individual, association, partnership, | 0023| unincorporated organization or corporate body; | 0024| I. "probation" means continued licensure is subject to | 0025| fulfillment of specified conditions such as monitoring, education, | 0001| supervision or counseling; | 0002| J. "registered occupational therapist" means a person having | 0003| no less than a baccalaureate degree in occupational therapy who is | 0004| registered by the American occupational therapy certification board and | 0005| licensed in New Mexico to practice occupational therapy; | 0006| K. "reprimand" means a formal expression of disapproval that | 0007| shall be retained in the licensee's file but shall not be publicly | 0008| announced; | 0009| L. "revocation" means permanent loss of licensure; and | 0010| M. "suspension" means the loss of licensure for a certain | 0011| period, after which the person may be required to apply for | 0012| reinstatement. | 0013| Section 4. OCCUPATIONAL THERAPY SERVICES.-- | 0014| A. Occupational therapy services include the assessment, | 0015| reassessment, planning and discontinuation of: | 0016| (1) the provision of treatment in consultation with | 0017| the individual, family or other appropriate persons; | 0018| (2) treatment directed toward developing, improving or | 0019| restoring daily living skills, including self-care skills and activities | 0020| that involve interactions with others and the environment, work | 0021| readiness or work performance, play skills or leisure capacities or | 0022| enhancing educational performance skills; | 0023| (3) the development, improvement or restoration of | 0024| sensorimotor, perceptual or neuromuscular functioning; or emotional, | 0025| motivational, cognitive or psychosocial components of performance; and | 0001| (4) education of individuals, families or the | 0002| appropriate persons in carrying out appropriate treatment objectives. | 0003| B. The services provided for in Subsection A of this section | 0004| shall encompass the assessment of needs and the design, development, | 0005| adaptation, application or training in the use of assistive technology | 0006| devices; the design, fabrication or application of rehabilitative | 0007| technology such as selected orthotic devices; training in the use of | 0008| orthotic devices; the application and training in the use of physical | 0009| agent modalities as an adjunct to or in preparation for purposeful | 0010| activity; the application of ergonomic principles; the adaptation of | 0011| environments and processes to enhance functional performance; and the | 0012| promotion of health and wellness. | 0013| Section 5. SUPERVISION--REQUIRED--DEFINED.--No occupational | 0014| therapy shall be performed by any certified occupational therapy | 0015| assistant, occupational therapy aide or technician, or by any person | 0016| practicing on a provisional permit, unless such therapy is supervised by | 0017| a registered occupational therapist. The board shall adopt regulations | 0018| defining supervision, which definitions may include various categories | 0019| such as "close supervision", "routine supervision" and "general | 0020| supervision". | 0021| Section 6. LICENSE REQUIRED.-- | 0022| A. Unless licensed to practice the level of occupational | 0023| therapy provided in the Occupational Therapy Act, no person shall | 0024| practice as a registered occupational therapist or certified | 0025| occupational therapy assistant. | 0001| B. It is unlawful for any person not licensed pursuant to | 0002| the Occupational Therapy Act or whose license has been denied, suspended | 0003| or revoked in this or another state to hold himself out as a registered | 0004| occupational therapist or certified occupational therapy assistant or to | 0005| use words or titles containing "occupational therapist", "registered | 0006| occupational therapist", "occupational therapy assistant" or "certified | 0007| occupational therapy assistant" that would indicate or imply that the | 0008| person is licensed as a registered occupational therapist or certified | 0009| occupational therapy assistant. | 0010| C. No facility or employer shall represent that it offers | 0011| occupational therapy unless it utilizes the services of a licensee | 0012| pursuant to the provisions of the Occupational Therapy Act. | 0013| D. A person offering or assisting in the offering of | 0014| occupational therapy shall be properly identified by a name badge or | 0015| other identification indicating whether he is a registered occupational | 0016| therapist, certified occupational therapy assistant, an occupational | 0017| therapy aide or technician or a person practicing under a provisional | 0018| permit. | 0019| Section 7. EXEMPTIONS.--Nothing in the Occupational Therapy Act | 0020| shall be construed as preventing or restricting the practice, services | 0021| or activities of: | 0022| A. a person engaged in the profession or occupation for | 0023| which he is licensed in New Mexico; | 0024| B. a person lawfully engaged in a profession or occupation | 0025| known by a name other than occupational therapy when engaged in that | 0001| profession or occupation; | 0002| C. a person pursuing a course of study leading to a degree | 0003| or certificate in occupational therapy in an educational program | 0004| accredited or seeking accreditation by the accreditation council of | 0005| occupational therapy education if the activities and services constitute | 0006| part of the supervised course of study and if that person is designated | 0007| by a title that clearly indicates his status as a student or trainee; | 0008| D. a person fulfilling the supervised student field work | 0009| experience requirement pursuant to the Occupational Therapy Act if the | 0010| activities and services constitute part of the experience necessary to | 0011| meet that requirement; and | 0012| E. an occupational therapist or occupational therapy | 0013| assistant licensed in another state from conducting continuing | 0014| education, workshops or seminars in New Mexico. | 0015| Section 8. BOARD CREATED.-- | 0016| A. The "board of examiners for occupational therapy" is | 0017| created. | 0018| B. The board shall consist of five members appointed by the | 0019| governor who have been residents of the state for two years preceding | 0020| the appointment. | 0021| C. Three members shall be licensed under the provisions of | 0022| the Occupational Therapy Act; have a minimum of five years' professional | 0023| experience, with two years' experience in New Mexico; and have not had | 0024| their licenses suspended or revoked by this or any other state. One of | 0025| the professional members may be a certified occupational therapy | 0001| assistant; one of the professional members may be a retired registered | 0002| occupational therapist. | 0003| D. The two public members shall have no direct interest in | 0004| the profession of occupational therapy. The public members shall not: | 0005| (1) have been convicted of a felony; | 0006| (2) be habitually intemperate or be addicted to the | 0007| use of habit-forming drugs or be addicted to any vice to such a degree | 0008| as to render him unfit to fulfill his board duties and responsibilities; | 0009| or | 0010| (3) be guilty of any violation of the Controlled | 0011| Substances Act. | 0012| E. Appointments shall be made for staggered terms of three | 0013| years with no more than two terms ending at any one time. No board | 0014| member shall serve more than two consecutive terms. Vacancies shall be | 0015| filled for the unexpired term by appointment by the governor prior to | 0016| the next scheduled board meeting. | 0017| F. No individual member of the board is liable in a civil or | 0018| criminal action for any act performed in good faith in the execution of | 0019| his duties as a member of the board. | 0020| G. Members of the board shall be reimbursed for per diem and | 0021| travel expenses as provided in the Per Diem and Mileage Act and shall | 0022| receive no other compensation, perquisite or allowance. | 0023| H. A simple majority of the board members currently serving | 0024| shall constitute a quorum of the board for the conduct of business. | 0025| I. The board shall meet at least four times a year and at | 0001| such other times as it deems necessary. Additional meetings may be | 0002| convened at the call of the president of the board or on the written | 0003| request of any two board members to the president. Meetings of the | 0004| board shall be conducted in accordance with the provisions of the Open | 0005| Meetings Act. | 0006| J. Any member failing to attend three consecutive meetings, | 0007| unless excused as provided by board policy, shall automatically be | 0008| recommended for removal as a member of the board. | 0009| K. At the beginning of each fiscal year, the board shall | 0010| elect a president, vice president and a secretary-treasurer. | 0011| Section 9. BOARD--POWERS AND DUTIES.-- | 0012| A. The board shall: | 0013| (1) adopt, file, amend or repeal rules and regulations | 0014| in accordance with the Uniform Licensing Act to carry out the provisions | 0015| of the Occupational Therapy Act; | 0016| (2) use funds for the purpose of meeting the necessary | 0017| expenses incurred in carrying out the provisions of the Occupational | 0018| Therapy Act; | 0019| (3) adopt a code of ethics; | 0020| (4) enforce the provisions of the Occupational Therapy | 0021| Act to protect the public by conducting hearings on charges relating to | 0022| the discipline of licensees, including the denial, suspension or | 0023| revocation of a license; | 0024| (5) establish and collect fees; | 0025| (6) provide for examination for and issuance, renewal | 0001| and reinstatement of licenses; | 0002| (7) establish, impose and collect fines for violations | 0003| of the Occupational Therapy Act; | 0004| (8) appoint a registrar to keep records and minutes | 0005| necessary to carry out the functions of the board; and | 0006| (9) obtain the legal assistance of the attorney | 0007| general. | 0008| B. The board may: | 0009| (1) hire or contract with an attorney to give advice | 0010| and counsel in regard to any matter connected with the duties of the | 0011| board, to represent the board in any legal proceedings and to aid in the | 0012| enforcement of the Occupational Therapy Act; the board shall set the | 0013| compensation of the attorney to be paid from the funds of the board; | 0014| (2) issue investigative subpoenas for the purpose of | 0015| investigating complaints against licensees prior to the issuance of a | 0016| notice of contemplated action; | 0017| (3) hire or contract with an investigator to | 0018| investigate complaints that have been filed with the board; the board | 0019| shall set the compensation of the investigator to be paid from the funds | 0020| of the board; | 0021| (4) inspect establishments; and | 0022| (5) designate hearing officers. | 0023| Section 10. BOARD--ADMINISTRATIVE PROCEDURES.-- | 0024| A. The board may employ and discharge such employees as it | 0025| deems necessary and shall determine their duties and set their | 0001| compensation. | 0002| B. The board shall appoint a registrar who is either the | 0003| board member elected as the secretary-treasurer or such other person as | 0004| the board may designate who is an employee of the board or the state. | 0005| The registrar of the board may receive reimbursement for necessary | 0006| expenses incurred in carrying out his duties and, if he is an employee, | 0007| such compensation as the board may set. The registrar shall keep a | 0008| written record in which shall be registered the name, license number, | 0009| date of license issuance, current address, record of annual license fee | 0010| payments, minutes and any other data as the board deems necessary | 0011| regarding licensees. | 0012| Section 11. REQUIREMENTS FOR LICENSURE.-- | 0013| A. A license to practice as a registered occupational | 0014| therapist or a certified occupational therapy assistant shall be issued | 0015| to any person who files a completed application, accompanied by the | 0016| required fees and documentation, and who submits satisfactory evidence | 0017| that the applicant has: | 0018| (1) successfully completed the academic requirements | 0019| of an educational program in occupational therapy that is either: | 0020| (a) accredited by the American occupational | 0021| therapy association's accreditation council for occupational therapy | 0022| education; or | 0023| (b) in the case of a foreign-trained occupational | 0024| therapist, accepted by the American occupational therapy certification | 0025| board when the therapist applies to take that board's examination; | 0001| (2) successfully completed a period of supervised | 0002| field work experience at a recognized educational institution or a | 0003| training program approved by the educational institution where the | 0004| registered occupational therapist or the certified occupational therapy | 0005| assistant has met the academic requirements of Paragraph (1) of this | 0006| subsection; | 0007| (3) has passed an examination prescribed by the | 0008| American occupational therapy certification board or the board of | 0009| examiners for occupational therapy; and | 0010| (4) has no record of unprofessional conduct or | 0011| incompetency. | 0012| B. In the case of a certified occupational therapy assistant | 0013| or a person practicing on a provisional permit, the applicant shall file | 0014| with the board a signed, current statement of supervision by the | 0015| registered occupational therapist who will be the responsible | 0016| supervisor. | 0017| C. The board shall verify, as necessary, information | 0018| contained on the completed application and any supporting documentation | 0019| required to obtain a license. | 0020| Section 12. EXAMINATIONS.--The board shall require proof of | 0021| passage of the American occupational therapy certification board | 0022| examination. The board may require each applicant to pass an | 0023| examination on the state laws, rules and regulations that pertain to the | 0024| practice of occupational therapy. | 0025| Section 13. PROVISIONAL PERMITS.--A provisional permit may be | 0001| granted to a person who has completed the education and experience | 0002| requirements of the Occupational Therapy Act. The permit shall allow | 0003| the person to practice occupational therapy under the supervision of a | 0004| registered occupational therapist. The provisional permit shall be | 0005| valid until the date on which the results of the next qualifying | 0006| examination have been made public. The provisional permit shall not be | 0007| renewed if the applicant has failed the examination. The board shall | 0008| verify, as necessary, information contained on the completed application | 0009| and any supporting documentation required to obtain a license. | 0010| Section 14. LICENSURE BY ENDORSEMENT.--Upon verification, the | 0011| board may grant a license to any applicant who presents a current | 0012| license in good standing as a registered occupational therapist or a | 0013| certified occupational therapy assistant in another state, the District | 0014| of Columbia or a territory of the United States that meets the | 0015| requirements of Section 11 of the Occupational Therapy Act. | 0016| Section 15. LICENSE RENEWAL.-- | 0017| A. Each renewal request shall contain the person's name, | 0018| address and license number. After receipt of information and fees as | 0019| prescribed by this section, the board shall issue a license certificate. | 0020| B. Licenses issued pursuant to the Occupational Therapy Act | 0021| are subject to annual renewal upon submission of a renewal form provided | 0022| by the board, payment of the annual renewal fee and the required proof | 0023| of continuing education units or proof of competency as prescribed by | 0024| the board. A license not renewed on the annual renewal date is expired. | 0025| C. If a person's license has been expired for five years or | 0001| less, the person may renew the license upon submission of a renewal form | 0002| provided by the board, the payment of the annual renewal fee, a late fee | 0003| and the required proof of continuing education units for the period the | 0004| license has been expired or proof of competency as prescribed by the | 0005| board. If a person's license has been expired for more than five years, | 0006| the person may not renew the license. The person may obtain a new | 0007| license by compliance with the requirements and procedures for obtaining | 0008| an original license and any additional proof of competency requested by | 0009| the board. | 0010| D. If a person's license has been suspended, it shall not be | 0011| renewed until it has been reinstated by the board. If a person's | 0012| license has been suspended it is still subject to annual renewal. The | 0013| person may renew the license as provided in this section, but renewal | 0014| does not entitle the licensee, while the license is suspended, to engage | 0015| in the licensed activity or in any other conduct or activity in | 0016| violation of the order or judgment by which the license was suspended. | 0017| E. If a person's license has been revoked on disciplinary | 0018| grounds, and has been reinstated by the board, the licensee shall pay | 0019| the annual renewal fee and any applicable late fee as a condition of | 0020| reinstatement. | 0021| Section 16. DISPLAY OF LICENSE.-- | 0022| A. Each licensee shall display his current license | 0023| certificate in a conspicuous place in the principal office where he | 0024| practices occupational therapy. At secondary places of employment, | 0025| documentation of license shall be verified by photocopy with a note | 0001| attached indicating where the current license certificate is posted. | 0002| B. A consumer information sign shall be displayed in the | 0003| principal place of practice. The consumer information sign shall read: | 0004| "Complaints regarding noncompliance with the | 0005| Occupational Therapy Act can be directed to the | 0006| board of examiners for occupational therapy". | 0007| Section 17. INACTIVE LICENSES.--A license in good standing may be | 0008| transferred to inactive status upon written request to the board and | 0009| payment of an annual inactive status fee as set by the board. Such | 0010| request shall be made prior to the expiration of the license. The | 0011| licensee shall not practice in New Mexico during the time the license is | 0012| inactive. A licensee may reactivate his license upon submission of a | 0013| renewal form provided by the board, the payment of the annual renewal | 0014| fee for the current year, proof of continuing education units for the | 0015| period of inactive status and any additional proof of competency | 0016| requested and prescribed by the board. | 0017| Section 18. FEES.--The board shall establish a schedule of | 0018| reasonable fees, including an initial licensure fee, an annual renewal | 0019| fee, an examination fee, a late renewal fee and an inactive status fee. | 0020| The initial licensure fee is not refundable and shall cover the cost of | 0021| processing the application and shall include, for successful applicants, | 0022| the initial annual renewal fee. The board may impose reasonable | 0023| administration and duplicating fees or any penalties deemed appropriate. | 0024| Section 19. UNIFORM LICENSING ACT.--The Occupational Therapy Act | 0025| is enforceable according to the procedures set forth in the Uniform | 0001| Licensing Act. | 0002| Section 20. FUND CREATED.-- | 0003| A. The "board of examiners for occupational therapy fund" is | 0004| created in the state treasury. | 0005| B. Money received by the board pursuant to the Occupational | 0006| Therapy Act shall be deposited in the fund. Money in the fund shall not | 0007| revert to the general fund at the end of any fiscal year. | 0008| C. Money in the fund is appropriated solely to the board for | 0009| the purpose of meeting the necessary expenses incurred in carrying out | 0010| the provisions of the Occupational Therapy Act. | 0011| Section 21. PENALTIES.-- | 0012| A. An unlicensed person, other than an occupational therapy | 0013| aide or technician, occupational therapy student or occupational therapy | 0014| assistant student or person practicing under a provisional permit, who | 0015| practices occupational therapy is guilty of a misdemeanor and upon | 0016| conviction shall be sentenced pursuant to Section 31-19-1 NMSA 1978. | 0017| B. A person who represents that he offers occupational | 0018| therapy services without utilizing a licensee is in violation of the | 0019| Occupational Therapy Act and shall be subject to a fine equal to ten | 0020| percent of billed charges for those services. In addition, the violator | 0021| shall be required to utilize the services of a licensee in order to | 0022| provide occupational therapy services. | 0023| C. The board shall deny an application for licensure if it | 0024| finds that the applicant made false statements or provided false | 0025| information in connection with an application for licensure. | 0001| Section 22. DISCIPLINARY ACTION--DENIAL, SUSPENSION OR | 0002| REVOCATION.--In accordance with procedures established by the Uniform | 0003| Licensing Act, the board may deny, suspend or revoke any license or | 0004| permit held or applied for under the Occupational Therapy Act upon the | 0005| grounds that the licensee or applicant is incompetent, impaired or has | 0006| engaged in unethical behavior. The board shall define such grounds by | 0007| regulation. Disciplinary sanctions may also include probation, censure | 0008| or reprimand, according to board regulations. | 0009| Section 23. CRIMINAL OFFENDER EMPLOYMENT ACT.--The provisions of | 0010| the Criminal Offender Employment Act shall govern any consideration of | 0011| criminal records required or permitted by the Occupational Therapy Act. | 0012| Section 24. TERMINATION OF AGENCY LIFE--DELAYED | 0013| REPEAL.--The board of examiners for occupational therapy is terminated | 0014| on July 1, 1997 pursuant to the provisions of the Sunset Act. The board | 0015| shall continue to operate according to the provisions of the | 0016| Occupational Therapy Act until July 1, 1998. Effective July 1, 1998, | 0017| the Occupational Therapy Act is repealed. | 0018| Section 25. TEMPORARY PROVISION--TRANSFER.--Upon the effective | 0019| date of the Occupational Therapy Act all property, funds, records, | 0020| responsibilities and duties of the board of occupational therapy | 0021| practice are transferred to the board of examiners for occupational | 0022| therapy. | 0023| Section 26. TEMPORARY PROVISION--EXISTING REGULATIONS--LICENSURE | 0024| UNDER PRIOR LAW.-- | 0025| A. Existing regulations regarding occupational therapy | 0001| services shall remain in effect until new regulations are adopted | 0002| pursuant to the provisions of the Occupational Therapy Act. | 0003| B. Any person licensed to perform occupational therapy | 0004| services pursuant to the provisions of prior law, whose license is valid | 0005| on July 1, 1996, is entitled to renew his license pursuant to the | 0006| provisions of the Occupational Therapy Act. | 0007| Section 27. REPEAL.--Sections 61-12A-1 through 61-12A-20 NMSA | 0008| 1978 (being Laws 1983, Chapter 267, Sections 1 through 19 and 21, as | 0009| amended) are repealed. | 0010| Section 28. EFFECTIVE DATE.--The effective date of the provisions | 0011| of this act is July 1, 1996. | 0012| | 0013| HB | 0014| 342 | 0015| Page  |