0001| HOUSE BILL 1103
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| GARY K. KING
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO LICENSURE; REPEALING THE PHYSICAL THERAPISTS'
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0012| LICENSING ACT AND ENACTING THE PHYSICAL THERAPY ACT; CREATING A
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0013| BOARD; PRESCRIBING POWERS AND DUTIES; PRESCRIBING FEES;
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0014| DETERMINING LEVELS OF LICENSURE; PROVIDING QUALIFICATIONS AND
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0015| RESTRICTIONS; PROVIDING GROUNDS FOR DENIAL, SUSPENSION OR
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0016| REVOCATION OF LICENSES; CREATING A FUND; TRANSFERRING PROPERTY,
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0017| OBLIGATIONS AND REFERENCES; PROVIDING FOR SUNSET; PRESCRIBING
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0018| PENALTIES; MAKING AN APPROPRIATION.
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0019|
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0020| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0021| Section 1. SHORT TITLE.--This act may be cited as the
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0022| "Physical Therapy Act".
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0023| Section 2. LEGISLATIVE PURPOSE.--The purpose of the
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0024| Physical Therapy Act is to protect the public health, safety
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0025| and welfare and provide for control, supervision, licensure and
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0001| regulation of the practice of physical therapy. To carry out
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0002| those purposes, only individuals who meet and maintain minimum
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0003| standards of competence and conduct may engage in the practice
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0004| of physical therapy. The practice of physical therapy is
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0005| declared to affect the public interest and that act shall be
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0006| liberally construed so as to accomplish the purpose stated in
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0007| that act.
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0008| Section 3. DEFINITIONS.--As used in the Physical
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0009| Therapy Act:
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0010| A. "assistive personnel" means physical therapist
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0011| assistants, physical therapy aides and other assistive
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0012| personnel;
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0013| B. "board" means the physical therapy board;
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0014| C. "other assistive personnel" means trained or
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0015| educated personnel other than physical therapist assistants or
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0016| physical therapy aides who perform specific designated tasks
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0017| related to physical therapy under the supervision of a physical
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0018| therapist. At the discretion of the supervising physical
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0019| therapist and if not prohibited by any other law, it may be
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0020| appropriate for other assistive personnel to be identified by
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0021| the title specific to their training or education;
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0022| D. "person" means an individual or other legal
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0023| entity, excluding a governmental entity;
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0024| E. "physical therapist" means a person who is
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0025| licensed in this state to practice physical therapy;
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0001| F. "physical therapist assistant" means a person
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0002| who performs physical therapy procedures and related tasks
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0003| pursuant to a plan of care written by the supervising physical
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0004| therapist;
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0005| G. "physical therapy" means the care and services
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0006| provided by or under the direction and supervision of a
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0007| physical therapist;
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0008| H. "physical therapy aide" means a person trained
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0009| under the direction of a physical therapist who performs
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0010| designated and supervised routine physical therapy tasks;
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0011| I. "practice of physical therapy" means:
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0012| (1) examining and evaluating patients with
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0013| mechanical, physiological and developmental impairments,
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0014| functional limitations and disabilities or other health-related
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0015| conditions in order to determine a diagnosis, prognosis and
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0016| planned therapeutic intervention;
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0017| (2) alleviating impairments and functional
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0018| limitations by designing, implementing and modifying
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0019| therapeutic interventions that include therapeutic exercise;
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0020| functional training in self-care and community or work
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0021| reintegration; manual therapy techniques, including soft tissue
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0022| and joint mobilization and manipulation; therapeutic massage;
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0023| assistive and adaptive devices and equipment; bronchopulmonary
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0024| hygiene; debridement and wound care; physical agents;
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0025| mechanical and electrotherapeutic modalities; and
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0001| patient-related instruction;
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0002| (3) preventing injury, impairments, functional
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0003| limitations and disability, including the promotion and
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0004| maintenance of fitness, health and quality of life in all age
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0005| populations; and
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0006| (4) engaging in consultation, testing,
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0007| education and research; and
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0008| J. "restricted license" means a license to which
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0009| restrictions or conditions as to scope of practice, place of
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0010| practice, supervision of practice, duration of licensed status
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0011| or type or condition of patient or client served are imposed by
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0012| the board.
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0013| Section 4. BOARD CREATED.--
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0014| A. The "physical therapy board" is created. The
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0015| board shall consist of five members appointed by the governor.
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0016| Three members shall be physical therapists who are residents of
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0017| the state, who possess unrestricted licenses to practice
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0018| physical therapy and who have been practicing in New Mexico for
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0019| no less than five years. Two members shall be citizens
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0020| appointed from the public at large who are not associated with,
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0021| or financially interested in, any health care profession.
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0022| B. All appointments shall be made for staggered
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0023| terms of three years with no more than two terms ending at any
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0024| one time. No member shall serve for more than two successive
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0025| three-year terms. Vacancies shall be filled for the unexpired
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0001| term by appointment by the governor prior to the next scheduled
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0002| board meeting.
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0003| C. The members shall elect a chairman and may elect
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0004| other officers as they deem necessary.
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0005| D. The governor may remove any member of the board
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0006| for misconduct, incompetence or neglect of duty.
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0007| E. Members may receive per diem and mileage
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0008| pursuant to the Per Diem and Mileage Act, but shall receive no
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0009| other compensation, perquisite or allowance.
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0010| F. There shall be no liability on the part of and
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0011| no action for damages against any board member when the member
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0012| is acting within the scope of his duties.
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0013| Section 5. POWERS AND DUTIES.--The board:
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0014| A. shall examine all applicants for licensure to
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0015| practice physical therapy and issue licenses or permits to
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0016| those who are duly qualified;
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0017| B. shall regulate the practice of physical therapy
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0018| by interpreting and enforcing the provisions of the Physical
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0019| Therapy Act, including taking disciplinary action;
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0020| C. may adopt, file, amend or repeal rules and
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0021| regulations in accordance with the Uniform Licensing Act to
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0022| carry out the provisions of the Physical Therapy Act;
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0023| D. may meet as often as the board deems necessary.
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0024| A majority of the members constitutes a quorum for the
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0025| transaction of business. The board shall keep an official
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0001| record of all its proceedings;
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0002| E. may establish requirements for assessing
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0003| continuing competency;
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0004| F. may collect fees;
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0005| G. may elect such officers as it deems necessary
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0006| for the operations and obligations of the board. Terms of
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0007| office shall be one year;
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0008| H. shall provide for the timely orientation and
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0009| training of new professional and public appointees to the
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0010| board, including training in licensing and disciplinary
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0011| procedures and orientation to all statutes, rules, policies and
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0012| procedures of the board;
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0013| I. may employ a director and other personnel to
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0014| carry out the administrative work of the board.
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0015| J. may obtain the assistance of the attorney
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0016| general or other attorney approved by the attorney general for
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0017| legal assistance the board deems necessary;
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0018| K. may enter into contracts;
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0019| L. shall report final disciplinary action taken
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0020| against a physical therapist or physical therapist assistant to
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0021| the national disciplinary data base;
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0022| M. shall publish at least annually final
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0023| disciplinary action taken against any physical therapist or
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0024| physical therapist assistant; and
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0025| N. may prescribe the forms of license certificates,
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0001| application forms and such other documents as it deems
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0002| necessary to carry out the provisions of the Physical Therapy
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0003| Act.
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0004| Section 6. BOARD FUND--CREATED.--The "physical therapy
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0005| fund" is created in the state treasury. The fund shall consist
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0006| of deposits into the fund and income from investment of the
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0007| fund. Money in the fund at the end of any fiscal year shall
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0008| not revert to the general fund. Money in the fund is
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0009| appropriated to the board to pay its necessary expenses
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0010| pursuant to appropriation by the legislature and a budget
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0011| approved by the state board of finance. Disbursements from the
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0012| fund shall be made only on warrant drawn by the secretary of
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0013| finance and administration pursuant to vouchers signed by the
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0014| director or his authorized representative.
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0015| Section 7. FEES.--
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0016| A. The board, by regulation, may charge the
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0017| following fees:
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0018| (1) application for licensure as a physical
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0019| therapist, not to exceed three hundred dollars ($300); provided
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0020| that an additional fee to cover the cost of any examinations
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0021| provided by the board may be charged;
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0022| (2) application for licensure as a physical
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0023| therapist assistant, not to exceed one hundred dollars ($100);
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0024| provided that an additional fee to cover the cost of any
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0025| examinations provided by the board may be charged;
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0001| (3) annual renewal of license as a physical
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0002| therapist, not to exceed one hundred fifty dollars ($150);
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0003| (4) annual renewal of license as a physical
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0004| therapist, not to exceed fifty dollars ($50,00); and
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0005| (5) late fee, not to exceed one hundred
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0006| dollars ($100).
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0007| B. The board may charge reasonable administration
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0008| and duplication fees.
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0009| Section 8. PRACTICE OF PHYSICAL THERAPY--LICENSE
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0010| REQUIRED.--
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0011| A. No person shall practice or hold himself out to
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0012| be engaging in the practice of physical therapy or designate
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0013| himself as a physical therapist unless he is licensed as a
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0014| physical therapist or is exempt from licensure as provided in
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0015| the Physical Therapy Act.
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0016| B. No person shall designate himself or act as a
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0017| physical therapist assistant unless he is licensed as a
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0018| physical therapist assistant or is exempt from licensure as
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0019| provided in the Physical Therapy Act.
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0020| C. A physical therapist shall refer persons under
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0021| his care to the appropriate health care practitioner if the
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0022| physical therapist has reasonable cause to believe symptoms or
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0023| conditions are present that require services beyond his scope
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0024| of practice or when physical therapy is contraindicated.
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0025| D. Physical therapists or physical therapist
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0001| assistants shall adhere to the recognized standards of ethics
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0002| of the physical therapy profession.
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0003| Section 9. USE OF TITLES--RESTRICTIONS.--
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0004| A. A physical therapist shall use the letters "PT"
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0005| in connection with his name or place of business to denote
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0006| licensure pursuant to the Physical Therapy Act.
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0007| B. It is unlawful for a person or his employees,
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0008| agents or representatives to use in connection with his name or
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0009| the name or activity of the business the words "physical
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0010| therapy", "physical therapist", "physiotherapy",
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0011| "physiotherapist", "registered physical therapist", the letters
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0012| "PT", "LPT", "RPT", "MPT", "DPT" or any other words,
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0013| abbreviations or insignia indicating or implying directly or
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0014| indirectly that physical therapy is provided or supplied,
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0015| including the billing of services labeled as physical therapy,
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0016| unless the services are provided by or under the direction of a
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0017| physical therapist.
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0018| C. A physical therapist assistant shall use the
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0019| letters "PTA" in connection with his name to denote licensure.
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0020| D. No person shall use the title "physical
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0021| therapist assistant" or use the letters "PTA" in connection
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0022| with his name or any other words, abbreviations or insignia
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0023| indicating or implying directly or indirectly that he is a
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0024| physical therapist assistant unless he has graduated from an
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0025| accredited physical therapist assistant education program
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0001| approved by the board and has met the requirements of the
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0002| Physical Therapy Act.
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0003| Section 10. LICENSURE--QUALIFICATIONS.--
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0004| A. An applicant for licensure as a physical
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0005| therapist shall have the following minimum qualifications:
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0006| (1) be of good moral character;
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0007| (2) be a graduate of an accredited physical
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0008| therapy program approved by the board;
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0009| (3) have successfully passed the national
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0010| physical therapy examination approved by the board; and
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0011| (4) have successfully passed the state
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0012| jurisprudence examination.
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0013| B. An applicant for licensure as a physical
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0014| therapist who has been educated outside the United States must
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0015| meet the following minimum qualifications:
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0016| (1) provide satisfactory evidence that his
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0017| education is substantially equivalent to the requirements of
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0018| physical therapists educated in accredited educational programs
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0019| in the United States, as determined by the board. If the board
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0020| determines that a foreign-educated applicant's education is not
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0021| substantially equivalent, it may require completion of
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0022| additional course work before proceeding with the application
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0023| process;
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0024| (2) provide evidence that he is a graduate of
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0025| a school of training that is recognized by the foreign
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0001| country's own ministry of education or similar institution;
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0002| (3) provide written proof of authorization to
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0003| practice as a physical therapist without limitations in the
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0004| legal jurisdiction where the post-secondary institution from
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0005| which the applicant has graduated is located;
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0006| (4) provide proof of legal authorization to
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0007| reside and seek employment in the United States or its
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0008| territories;
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0009| (5) have his educational credentials evaluated
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0010| by a board-approved credential evaluation agency;
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0011| (6) pass all approved English proficiency
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0012| examinations as may be prescribed by the board if English is
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0013| not his primary language; and
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0014| (7) participate in an interim supervised
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0015| clinical practice period as may be prescribed by the board.
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0016| C. The board may issue an interim permit to a
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0017| foreign-trained applicant who satisfies the board's
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0018| requirements. An interim permit shall be issued for the
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0019| purpose of participating in a supervised clinical practice
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0020| period.
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0021| D. If the foreign-educated physical therapist
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0022| applicant is a graduate of a college accredited by the
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0023| commission on accreditation in physical therapy education, the
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0024| requirements of Paragraphs (1), (2), (5) and (7) of Subsection
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0025| B of this section are waived.
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0001| E. An applicant for licensure as a physical
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0002| therapist assistant shall meet the following minimum
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0003| requirements:
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0004| (1) be of good moral character;
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0005| (2) have completed the application process;
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0006| (3) be a graduate of an accredited physical
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0007| therapist assistant program approved by the board;
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0008| (4) have successfully passed the national
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0009| physical therapy examination approved by the board; and
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0010| (5) have successfully passed the state
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0011| jurisprudence examination.
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0012| F. An applicant for licensure as a physical
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0013| therapist or physical therapist assistant shall file a written
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0014| application on forms provided by the board. A nonrefundable
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0015| application fee and the cost of the examination shall accompany
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0016| the completed written application.
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0017| G. The board shall review applicants for physical
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0018| therapy licensure after all application processes are
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0019| completed. The national physical therapy examination shall
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0020| test entry-level competency related to physical therapy theory,
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0021| evaluation, treatment intervention, prevention and
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0022| consultation.
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0023| H. The board shall review applicants for physical
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0024| therapist assistant licensure after all application processes
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0025| are completed. The national examination shall test for
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0001| requisite knowledge and skills.
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0002| I. The board shall require proof of passage of a
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0003| jurisprudence examination on state laws, rules and regulations
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0004| that pertain to the practice of physical therapy.
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0005| J. Applicants who fail to pass the examinations
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0006| shall be subject to requirements determined by board
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0007| regulations prior to being approved by the board for subsequent
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0008| testing.
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0009| K. The board or its designee shall issue a license
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0010| to a physical therapist or physical therapist assistant who has
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0011| a valid unrestricted license from another United States
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0012| jurisdiction and who meets all requirements for licensure in
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0013| New Mexico.
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0014| L. Prior to licensure, if prescribed by the board,
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0015| the board or its designee may issue a temporary nonrenewable
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0016| license to a physical therapist or physical therapist assistant
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0017| who has completed the education and experience requirements of
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0018| the Physical Therapist Act. The temporary license shall allow
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0019| the applicant to practice physical therapy under the
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0020| supervision of a licensed physical therapist until a permanent
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0021| license is approved that shall include passing the national
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0022| physical therapy examination.
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0023| M. The board or its designee may issue a temporary
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0024| license to a physical therapist or physical therapist assistant
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0025| performing physical therapy while teaching an educational
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0001| seminar who has met the requirements established by regulation
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0002| of the board.
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0003| N. A physical therapist or physical therapist
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0004| assistant licensed under the provisions of the Physical Therapy
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0005| Act shall renew his license as specified in board rules. A
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0006| person who fails to renew his license by the date of expiration
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0007| shall not practice physical therapy in New Mexico.
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0008| O. Reinstatement of a lapsed license following a
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0009| renewal deadline requires payment of a renewal fee and late
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0010| fee.
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0011| P. Reinstatement of a physical therapist or
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0012| physical therapist assistant license that has lapsed for more
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0013| than three years, without evidence of continued practice in
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0014| another state pursuant to a valid unrestricted license in that
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0015| state, requires reapplication and payment of fees, as specified
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0016| in board rules. The board shall promulgate rules establishing
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0017| the qualifications for reinstatement of a lapsed license.
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0018| Q. The board shall establish, by rule, activities
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0019| to periodically assess continuing competence to practice
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0020| physical therapy. The board may implement remedial actions if
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0021| necessary to require continuing competence as a condition of
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0022| relicensure.
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0023| Section 11. EXEMPTIONS.--The following persons are exempt
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0024| from licensure as physical therapists under the Physical
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0025| Therapy Act:
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0001| A. a person who is pursuing a course of study
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0002| leading to a degree as a physical therapist in an entry-level
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0003| education program approved by the board and is satisfying
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0004| supervised clinical education requirements related to his
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0005| physical therapy education; and
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0006| B. a physical therapist practicing in the United
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0007| States armed services, United States public health service or
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0008| veterans administration as based on requirements under federal
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0009| regulations for state licensure of health care providers.
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0010| Section 12. SUPERVISION.--
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0011| A. A physical therapist is responsible for patient
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0012| care given by assistive personnel under his supervision. A
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0013| physical therapist may delegate to assistive personnel and
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0014| supervise selected acts, tasks or procedures that fall within
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0015| the scope of physical therapy practice but do not exceed the
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0016| assistive personnel's education or training.
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0017| B. A physical therapist assistant shall function
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0018| under the supervision of a physical therapist as prescribed by
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0019| rules of the board.
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0020| C. Physical therapy aides and other assistive
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0021| personnel shall perform patient care activities under on-site
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0022| supervision of a physical therapist. "On-site supervision"
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0023| means the supervising physical therapist shall:
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0024| (1) be continuously on-site and present in the
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0025| department or facility where the assistive personnel are
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0001| performing services;
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0002| (2) be immediately available to assist the
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0003| person being supervised in the services being performed; and
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0004| (3) maintain continued involvement in
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0005| appropriate aspects of each treatment session in which a
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0006| component of treatment is delegated to assistive personnel.
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0007| Section 13. GROUNDS FOR DISCIPLINARY ACTION.--The
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0008| following conduct, acts or conditions constitute grounds for
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0009| disciplinary action:
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0010| A. practicing physical therapy in violation of the
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0011| provisions of the Physical Therapy Act or rules adopted by the
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0012| board;
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0013| B. practicing or offering to practice beyond the
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0014| scope of physical therapy practice as defined in the Physical
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0015| Therapy Act;
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0016| C. obtaining or attempting to obtain a license by
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0017| fraud or misrepresentation;
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0018| D. engaging in or permitting the performance of
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0019| negligent care by a physical therapist or by assistive
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0020| personnel working under the physical therapist's supervision,
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0021| regardless of whether actual injury to the patient is
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0022| established;
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0023| E. engaging in the performance of negligent care by
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0024| a physical therapist assistant, regardless of whether actual
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0025| injury to the patient is established. This includes exceeding
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0001| the authority to perform tasks pursuant to the plan of care
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0002| written by the supervising physical therapist;
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0003| F. having been convicted of a felony in the courts
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0004| of this state or any other state, territory or country, subject
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0005| to the Criminal Offender Employment Act. Conviction includes a
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0006| finding or verdict of guilt, an admission of guilt or a plea of
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0007| nolo contendere. A copy of the record of conviction, certified
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0008| by the clerk of the court entering the conviction, is
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0009| conclusive evidence;
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0010| G. practicing as a physical therapist or working as
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0011| a physical therapist assistant when physical or mental
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0012| abilities are impaired by the habitual or excessive use of
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0013| controlled substances, other habit-forming drugs, chemicals or
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0014| alcohol;
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0015| H. having had a license revoked or suspended; other
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0016| disciplinary action taken; or an application for licensure
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0017| refused, revoked or suspended by the proper authorities of
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0018| another state, territory or country based upon acts by the
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0019| licensee similar to acts described in this section. A
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0020| certified copy of the record of suspension, revocation or other
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0021| disciplinary action taken by the state taking the disciplinary
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0022| action is conclusive evidence;
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0023| I. if a physical therapist, failing to adequately
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0024| supervise assistive personnel;
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0025| J. engaging in sexual misconduct, including
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0001| engaging in or soliciting sexual relationships with a patient,
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0002| whether consensual or nonconsensual, while a physical
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0003| therapist- or physical therapist assistant-patient relationship
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0004| exists; or sexual harassment of a patient that includes making
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0005| sexual advances, requesting sexual favors and engaging in other
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0006| verbal conduct or physical contact of a sexual nature while a
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0007| physical therapist- or physical therapist assistant-patient
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0008| relationship exists;
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0009| K. directly or indirectly requesting, receiving or
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0010| participating in the dividing, transferring, assigning,
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0011| rebating or refunding of an unearned fee; or profiting by means
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0012| of a credit or other valuable consideration such as an unearned
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0013| commission, discount or gratuity in connection with the
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0014| furnishing of physical therapy services. Nothing in this
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0015| subsection prohibits the members of any regularly and properly
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0016| organized business entity recognized by law and comprised of
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0017| physical therapists from dividing fees received for
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0018| professional services among themselves as they determine by
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0019| contract necessary to defray their joint operating expense;
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0020| L. failing to adhere to the recognized standards of
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0021| ethics of the physical therapy profession;
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0022| M. charging unreasonable or fraudulent fees for
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0023| services performed or not performed;
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0024| N. making misleading, deceptive, untrue or
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0025| fraudulent representations in the practice of physical therapy;
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0001| O. having been adjudged mentally incompetent by a
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0002| court of competent jurisdiction;
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0003| P. aiding or abetting an unlicensed person to
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0004| perform activities requiring a license;
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0005| Q. failing to report to the board any act or
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0006| omission of a licensee, applicant or other person that violates
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0007| the provisions of the Physical Therapy Act;
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0008| R. interfering with or refusing to cooperate in an
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0009| investigation or disciplinary proceeding of the board,
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0010| including misrepresentation of facts or by the use of threats
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0011| or harassment against any patient or witness to prevent them
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0012| from providing evidence in a disciplinary proceeding;
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0013| S. failing to maintain patient confidentiality
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0014| without prior written consent or unless otherwise provided by
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0015| law;
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0016| T. impersonating another person licensed to
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0017| practice physical therapy, permitting or allowing any person to
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0018| use the physical therapist's or physical therapist assistant's
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0019| license or practicing physical therapy under a false or assumed
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0020| name;
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0021| U. failure to report to the board the surrendering
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0022| of a license or other authorization to practice physical
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0023| therapy in another state or jurisdiction or the surrendering of
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0024| membership in any professional association following, in lieu
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0025| of or while under disciplinary investigation by any of those
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0001| authorities or bodies for acts or conduct similar to acts or
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0002| conduct that would constitute grounds for action as defined in
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0003| this section; and
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0004| V. abandonment of patients.
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0005| Section 14. CONSUMER PROTECTION.--
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0006| A. Any person, including a licensee; corporation;
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0007| insurance company; health care organization; health care
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0008| facility; and state, federal or local governmental agency,
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0009| shall report to the board any conviction, determination or
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0010| finding that a licensee has committed an act that constitutes a
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0011| violation of the Physical Therapy Act. The person is immune
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0012| from civil liability for providing information in good faith to
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0013| the board. Failure by a licensee to report a violation of the
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0014| Physical Therapy Act shall constitute grounds for disciplinary
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0015| action.
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0016| B. The board may permit an impaired physical
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0017| therapist or assistive personnel to actively participate in a
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0018| board-approved substance abuse treatment program under the
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0019| following conditions:
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0020| (1) the board has evidence indicating that the
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0021| licensee is an impaired professional;
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0022| (2) the licensee has not been convicted of a
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0023| felony relating to a controlled substance in a court of law of
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0024| the United States or any other territory or country;
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0025| (3) the impaired professional enters into a
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0001| written agreement with the board and complies with all the
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0002| terms of the agreement, including making satisfactory progress
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0003| in the program and adhering to any limitations on his practice
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0004| imposed by the board to protect the public. Failure to enter
|
0005| into such an agreement shall disqualify the professional from
|
0006| the voluntary substance abuse program; and
|
0007| (4) as part of the agreement established
|
0008| between the licensee and the board, the licensee shall sign a
|
0009| waiver allowing the substance abuse program to release
|
0010| information to the board if the licensee does not comply with
|
0011| the requirements of this section or is unable to practice with
|
0012| reasonable skill or safety.
|
0013| C. The public shall have access to information
|
0014| pursuant to the Inspection of Public Records Act.
|
0015| D. The board shall conduct its meetings and
|
0016| disciplinary hearings in accordance with the Open Meetings Act.
|
0017| E. Physical therapists and physical therapist
|
0018| assistants shall disclose in writing to patients if the
|
0019| referring health care practitioner is deriving direct or
|
0020| indirect compensation from the referral to physical therapy.
|
0021| F. Physical therapists and physical therapist
|
0022| assistants shall disclose any financial interest in products
|
0023| they endorse and recommend to their patients.
|
0024| G. The licensee has the responsibility to ensure
|
0025| that the patient has knowledge of freedom of choice in services
|
0001| and products.
|
0002| H. The physical therapist or physical therapist
|
0003| assistant shall not promote an unnecessary device, treatment
|
0004| intervention or service for the financial gain of himself or
|
0005| another person.
|
0006| I. The physical therapist or physical therapist
|
0007| assistant shall not provide treatment intervention unwarranted
|
0008| by the condition of the patient, nor shall he continue
|
0009| treatment beyond the point of reasonable benefit.
|
0010| J. A person may submit a complaint regarding a
|
0011| physical therapist, physical therapist assistant or other
|
0012| person potentially in violation of the Physical Therapy Act.
|
0013| The board shall keep all information relating to the receiving
|
0014| and investigation of complaints filed against licensees
|
0015| confidential until the information becomes public record
|
0016| according to the Inspection of Public Records Act.
|
0017| K. Each licensee shall display a copy of his
|
0018| license and current renewal verification in a location
|
0019| accessible to public view at his place of practice.
|
0020| Section 15. DISCIPLINARY ACTIONS--PENALTIES.--
|
0021| A. The board, upon satisfactory proof that any
|
0022| ground enumerated in Section 13 of the Physical Therapy Act has
|
0023| been violated, may take the following disciplinary action
|
0024| singly or in combination:
|
0025| (1) issue a letter of censure or reprimand;
|
0001| (2) issue a restricted license, including
|
0002| requiring the licensee to report regularly to the board on
|
0003| matters related to the grounds for the restricted license;
|
0004| (3) suspend a license for a period determined
|
0005| by the board;
|
0006| (4) revoke a license;
|
0007| (5) refuse to issue or renew a license;
|
0008| (6) impose fines in accordance with the
|
0009| Physical Therapy Act; and
|
0010| (7) accept a voluntary surrendering of a
|
0011| license.
|
0012| B. Disciplinary actions of the board shall be taken
|
0013| in accordance with the Uniform Licensing Act.
|
0014| C. The board may institute any legal proceedings
|
0015| necessary to effect compliance with the Physical Therapy Act,
|
0016| including:
|
0017| (1) receiving and investigating complaints
|
0018| filed against licensees;
|
0019| (2) conducting an investigation at any time
|
0020| and on its own initiative without receipt of a written
|
0021| complaint if the board has reason to believe that there may be
|
0022| a violation of the Physical Therapy Act;
|
0023| (3) issuing subpoenas and compelling the
|
0024| attendance of witnesses or the production of documents relative
|
0025| to the case; and
|
0001| (4) appointing hearing officers. Hearing
|
0002| officers shall prepare and submit to the board findings of
|
0003| fact, conclusions of law and an order that shall be reviewed
|
0004| and voted upon by the board.
|
0005| Section 16. UNLAWFUL PRACTICE--CRIMINAL AND CIVIL
|
0006| PENALTIES--INJUNCTIVE RELIEF.--
|
0007| A. A person who engages in an activity requiring a
|
0008| license pursuant to the provisions of the Physical Therapy Act
|
0009| and who fails to obtain the required license; who violates any
|
0010| provision of the Physical Therapy Act; or who uses any word,
|
0011| title or representation to induce the false belief that the
|
0012| person is licensed to engage in the practice of physical
|
0013| therapy is guilty of a misdemeanor and shall be punished by a
|
0014| fine of not more than one thousand dollars ($1,000) or by
|
0015| imprisonment of not more than one year, or both.
|
0016| B. The board may apply for injunctive relief in any
|
0017| court of competent jurisdiction to enjoin a person from
|
0018| committing an act in violation of the Physical Therapy Act.
|
0019| Such injunction proceedings shall be in addition to and not in
|
0020| lieu of penalties and other remedies in the Physical Therapy
|
0021| Act.
|
0022| C. The board may assess a civil penalty of up to
|
0023| one thousand dollars ($1,000) for a first offense and up to
|
0024| five thousand dollars ($5,000) for a second or subsequent
|
0025| offense against a licensee who aids or abets an unlicensed
|
0001| person to directly or indirectly evade the Physical Therapy Act
|
0002| or the applicable licensing laws; or permits his license to be
|
0003| used by an unlicensed person with the intent to evade the
|
0004| Physical Therapy Act or the applicable licensing laws, pursuant
|
0005| to the notice of hearing and appeal procedures pursuant to the
|
0006| Uniform Licensing Act. The civil penalties provided in this
|
0007| subsection are in addition to other disciplinary measures
|
0008| provided in the Physical Therapy Act. Civil penalties shall be
|
0009| deposited with the state treasurer to the credit of the current
|
0010| school fund.
|
0011| Section 17. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--
|
0012| The physical therapy board is terminated on July 1, 2003
|
0013| pursuant to the Sunset Act. The board shall continue to
|
0014| operate according to the provisions of the Physical Therapy Act
|
0015| until July 1, 2004. Effective July 1, 2004, the Physical
|
0016| Therapy Act is repealed.
|
0017| Section 18. TEMPORARY PROVISION--EXISTING REGULATIONS--
|
0018| LICENSURE UNDER PRIOR LAW.--
|
0019| A. Existing rules regarding physical therapy
|
0020| services shall remain in effect until new rules are adopted
|
0021| pursuant to the provisions of the Physical Therapy Act.
|
0022| B. A person licensed to perform physical therapy
|
0023| services pursuant to the provisions of prior law, whose license
|
0024| is valid on July 1, 1997, is entitled to renew his license
|
0025| pursuant to the provisions of the Physical Therapy Act.
|
0001| Section 19. TEMPORARY PROVISION--TRANSFER OF MONEY,
|
0002| PERSONAL PROPERTY, STATUTORY REFERENCES AND OBLIGATIONS.--On
|
0003| the effective date of this act, the physical therapists'
|
0004| licensing board is abolished. On that date:
|
0005| A. all appropriations, money, records, equipment
|
0006| and other personal property of the physical therapists'
|
0007| licensing board shall be transferred to the physical therapy
|
0008| board;
|
0009| B. all references in the law to the physical
|
0010| therapists' licensing board shall be construed as a references
|
0011| to the physical therapy board; and
|
0012| C. all contracts and other legal obligations of the
|
0013| physical therapists' licensing board shall be binding on the
|
0014| physical therapy board.
|
0015| Section 20. REPEAL.--Sections 61-12-1 through 61-12-21
|
0016| NMSA 1978 (being Laws 1953, Chapter 136, Section 1, Laws 1979,
|
0017| Chapter 369, Sections 2 and 3, Laws 1953, Chapter 136, Sections
|
0018| 3 through 11, Laws 1979, Chapter 369, Section 9, Laws 1953,
|
0019| Chapter 136, Sections 13 through 15, Laws 1974, Chapter 78,
|
0020| Section 18, Laws 1953, Chapter 136, Sections 16 through 20 and
|
0021| Laws 1979, Chapter 369, Section 12, as amended) are repealed.
|
0022| Section 21. EFFECTIVE DATE.--The effective date of the
|
0023| provisions of this act is July 1, 1997.
|
0024| State of New Mexico
|
0025| House of Representatives
|
0001|
|
0002| FORTY-THIRD LEGISLATURE
|
0003| FIRST SESSION, 1997
|
0004|
|
0005|
|
0006| March 4, 1997
|
0007|
|
0008|
|
0009| Mr. Speaker:
|
0010|
|
0011| Your BUSINESS AND INDUSTRY COMMITTEE, to whom
|
0012| has been referred
|
0013|
|
0014| HOUSE BILL 1103
|
0015|
|
0016| has had it under consideration and reports same with
|
0017| recommendation that it DO PASS, amended as follows:
|
0018|
|
0019| 1. On page 4, line 25, after the period insert "Board
|
0020| members shall continue to serve until a successor has been
|
0021| appointed and qualified.".
|
0022|
|
0023| 2. On page 6, strike lines 13 through 15 and insert in lieu
|
0024| thereof:
|
0025|
|
0001| "J. may hire an attorney to give advice and counsel
|
0002| in regard to any matter connected with the duties of the board,
|
0003| to represent the board in any legal proceedings and to aid in the
|
0004| enforcement of the Physical Therapy Act, and shall fix the
|
0005| compensation to be paid to such attorney;
|
0006|
|
0007| K. may establish ad hoc committees and pay per diem
|
0008| and mileage to the members;".
|
0009|
|
0010| 3. Reletter the succeeding subsections accordingly.
|
0011|
|
0012| 4. On page 7, line 20, strike "one hundred dollars ($100)"
|
0013| and insert in lieu thereof "three hundred dollars ($300)".
|
0014|
|
0015| 5. On page 8, line 1, after "therapist" insert "assistant".
|
0016|
|
0017| 6. On page 8, line 1, strike "fifty dollars ($50.00)" and
|
0018| insert in lieu thereof "one hundred dollars ($100)".
|
0019|
|
0020| 7. On page 8, lines 2 and 3, strike "one hundred dollars
|
0021| ($100)" and insert in lieu thereof "five hundred dollars ($500)".
|
0022|
|
0023| 8. On page 10, line 1, after "shall" insert "submit a
|
0024| completed application and".
|
0025|
|
0001| 9. On page 10, line 10, strike "must" and insert in lieu
|
0002| thereof "shall submit a completed application and".
|
0003|
|
0004| 10. On page 10, line 11, after "qualifications" insert "in
|
0005| addition to those required in Paragraphs (1), (3) and (4) of
|
0006| Subsection A of this section".
|
0007|
|
0008| 11. On page 11, line 22, after "shall" insert "submit a
|
0009| completed application and".
|
0010|
|
0011| 12. On page 11, strike line 25.
|
0012|
|
0013| 13. Renumber the succeeding paragraphs accordingly.
|
0014|
|
0015| 14. On page 12, strike lines 12 through 23.
|
0016|
|
0017| 15. Reletter the succeeding subsections accordingly.
|
0018|
|
0019| 16. On page 13, line 25, after "therapy" insert "as a
|
0020| physical therapist or physical therapist assistant".
|
0021|
|
0022| 17. On page 14, line 10, strike "shall" and insert in lieu
|
0023| thereof "may".
|
0024|
|
0025| 18. On page 14, line 12, after the period strike the
|
0001| remainder of the line and strike all of line 13.
|
0002|
|
0003| 19. On page 14, line 14, after the dash insert the
|
0004| subsection designation "A.".
|
0005|
|
0006| 20. On page 14, line 17, strike "A." and insert in lieu
|
0007| thereof "(1)".
|
0008|
|
0009| 21. On page 14, line 22, strike "B." and insert in lieu
|
0010| thereof "(2)".
|
0011|
|
0012| 22. On page 14, after line 25, insert:
|
0013|
|
0014| "B. Nothing in the Physical Therapy Act shall be
|
0015| construed as restricting persons licensed under any other law of
|
0016| this state from engaging in the profession or practice for which
|
0017| they are licensed.".
|
0018|
|
0019| 23. On page 17, line 12, strike "if a physical therapist,".
|
0020|
|
0021| 24. On page 25, after line 25, insert:
|
0022|
|
0023| "Section 20. TEMPORARY PROVISION--BOARD MEMBERS TO
|
0024| CONTINUE.--On the effective date of this act, members serving on
|
0025| the physical therapists' licensing board shall continue to serve
|
0001| on the physical therapy board until their terms expire;
|
0002| thereafter, the governor shall appoint board members as provided
|
0003| in the Physical Therapy Act.".
|
0004|
|
0005| 25. Renumber the succeeding sections accordingly.,
|
0006|
|
0007| and thence referred to the JUDICIARY COMMITTEE.
|
0008|
|
0009| Respectfully submitted,
|
0010|
|
0011|
|
0012|
|
0013|
|
0014|
|
0015| Fred Luna, Chairman
|
0016|
|
0017|
|
0018| Adopted Not Adopted
|
0019|
|
0020| (Chief Clerk) (Chief Clerk)
|
0021|
|
0022| Date
|
0023|
|
0024| The roll call vote was 7 For 0 Against
|
0025| Yes: 7
|
0001| Excused: Gubbels, Hobbs, Kissner, Olguin, Rodella
|
0002| Absent: Getty
|
0003|
|
0004|
|
0005| .118009.1
|
0006| G:\BILLTEXT\BILLW_97\H1103 State of New Mexico
|
0007| House of Representatives
|
0008|
|
0009| FORTY-THIRD LEGISLATURE
|
0010| FIRST SESSION, 1997
|
0011|
|
0012|
|
0013| March 12, 1997
|
0014|
|
0015|
|
0016| Mr. Speaker:
|
0017|
|
0018| Your JUDICIARY COMMITTEE, to whom has been referred
|
0019|
|
0020| HOUSE BILL 1103, as amended
|
0021|
|
0022| has had it under consideration and reports same with
|
0023| recommendation that it DO PASS, amended as follows:
|
0024|
|
0025| 1. On page 3, line 14, after "a" insert "physical therapy".
|
0001|
|
0002| 2. On page 14, between lines 13 and 14, insert the
|
0003| following new subsection:
|
0004|
|
0005| "R. A physical therapist shall not accept a patient
|
0006| for treatment without an existing medical diagnosis for the
|
0007| specific medical or physical problem made by a licensed primary
|
0008| care provider, except for those children participating in special
|
0009| education programs in accordance with Section 22-13-5 NMSA 1978
|
0010| and for acute care within the scope of practice of physical
|
0011| therapy. For the purposes of this subsection, "existing medical
|
0012| diagnosis" means substantive signs and symptoms consistent with
|
0013| the episode from a previous primary care provider diagnosis made
|
0014| or confirmed by that provider within the past twelve months.".,
|
0015|
|
0016| and thence referred to the APPROPRIATIONS AND FINANCE
|
0017| COMMITTEE.
|
0018|
|
0019| Respectfully submitted,
|
0020|
|
0021|
|
0022|
|
0023|
|
0024|
|
0025| Thomas P. Foy, Chairman
|
0001|
|
0002|
|
0003| Adopted Not Adopted
|
0004|
|
0005| (Chief Clerk) (Chief Clerk)
|
0006|
|
0007| Date
|
0008|
|
0009| The roll call vote was 8 For 0 Against
|
0010| Yes: 8
|
0011| Excused: Alwin, M.P. Garcia, Rios, Sanchez, Stewart
|
0012| Absent: None
|
0013|
|
0014|
|
0015| .118372.1
|
0016| G:\BILLTEXT\BILLW_97\H1103 State of New Mexico
|
0017| House of Representatives
|
0018|
|
0019| FORTY-THIRD LEGISLATURE
|
0020| FIRST SESSION, 1997
|
0021|
|
0022|
|
0023| March 14, 1997
|
0024|
|
0025|
|
0001| Mr. Speaker:
|
0002|
|
0003| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
|
0004| whom has been referred
|
0005|
|
0006| HOUSE BILL 1103, as amended
|
0007|
|
0008| has had it under consideration and reports same with
|
0009| recommendation that it DO PASS.
|
0010|
|
0011| Respectfully submitted,
|
0012|
|
0013|
|
0014|
|
0015|
|
0016|
|
0017| Max Coll, Chairman
|
0018|
|
0019|
|
0020| Adopted Not Adopted
|
0021|
|
0022| (Chief Clerk) (Chief Clerk)
|
0023|
|
0024| Date
|
0025|
|
0001| The roll call vote was 11 For 0 Against
|
0002| Yes: 11
|
0003| Excused: Marquardt, Picraux, Saavedra, Salazar, Wallace,
|
0004| Watchman
|
0005| Absent: None
|
0006|
|
0007|
|
0008| G:\BILLTEXT\BILLW_97\H1103
|
0009|
|
0010| FORTY-THIRD LEGISLATURE
|
0011| FIRST SESSION, 1997
|
0012|
|
0013|
|
0014| March 18, 1997
|
0015|
|
0016| Mr. President:
|
0017|
|
0018| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
|
0019| referred
|
0020|
|
0021| HOUSE BILL 1103, as amended
|
0022|
|
0023| has had it under consideration and reports same with
|
0024| recommendation that it DO PASS.
|
0025|
|
0001| Respectfully submitted,
|
0002|
|
0003|
|
0004|
|
0005|
|
0006| __________________________________
|
0007| Shannon Robinson, Chairman
|
0008|
|
0009|
|
0010|
|
0011| Adopted_______________________ Not
|
0012| Adopted_______________________
|
0013| (Chief Clerk) (Chief Clerk)
|
0014|
|
0015|
|
0016| Date ________________________
|
0017|
|
0018|
|
0019| The roll call vote was 6 For 0 Against
|
0020| Yes: 6
|
0021| No: 0
|
0022| Excused: Adair, Boitano, Vernon
|
0023| Absent: None
|
0024|
|
0025|
|
0001|
|
0002|
|
0003| H1103PA1
|