0001| HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILL 1160 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO LICENSURE; ELIMINATING STATE CONTROL OVER THE NEW | 0013| MEXICO STATE BOARD OF PUBLIC ACCOUNTANCY, THE PHYSICAL THERAPY | 0014| BOARD AND THE BOARD OF ACUPUNCTURE AND ORIENTAL MEDICINE AS A | 0015| PILOT PROJECT; MAKING EXCEPTIONS TO STATE LAWS PERTAINING TO | 0016| STATE MONEY, PERSONNEL, RETIREMENT, TORT CLAIMS AND ATTORNEY | 0017| GENERAL AND STATE AUDITOR SERVICES; EXEMPTING THOSE BOARDS AND | 0018| THEIR EMPLOYEES FROM CERTAIN STATE LAWS AND COVERING THEM UNDER | 0019| OTHERS; EXTENDING SUNSET DATES; PROVIDING FOR TRANSFERS OF | 0020| MONEY, APPROPRIATIONS AND OTHER PERSONAL PROPERTY OF THOSE | 0021| BOARDS; REPEALING THE PHYSICAL THERAPIST ACT; ENACTING THE | 0022| PHYSICAL THERAPY ACT; AMENDING, REPEALING AND ENACTING SECTIONS | 0023| OF THE NMSA 1978. | 0024| | 0025| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0001| Section 1. Section 61-14A-1 NMSA 1978 (being Laws 1993, | 0002| Chapter 158, Section 9) is amended to read: | 0003| "61-14A-1. SHORT TITLE.--[Sections 61-14A-1 through | 0004| 61-14A-21] Chapter 61, Article 14A NMSA 1978 may be cited as | 0005| the "Acupuncture and Oriental Medicine Practice Act"." | 0006| Section 2. Section 61-14A-3 NMSA 1978 (being Laws 1993, | 0007| Chapter 158, Section 11) is amended to read: | 0008| "61-14A-3. DEFINITIONS.--As used in the Acupuncture and | 0009| Oriental Medicine Practice Act: | 0010| A. "acupuncture" means the use of needles inserted | 0011| into the human body and the use of other modalities and | 0012| procedures at specific locations on the body for the | 0013| prevention, cure or correction of any disease, illness, injury, | 0014| pain or other condition by controlling and regulating the flow | 0015| and balance of energy and functioning of the person to restore | 0016| and maintain health; | 0017| B. "board" means the board of acupuncture and | 0018| oriental medicine; | 0019| [C. "department" means the regulation and licensing | 0020| department; | 0021| D.] C. "doctor of oriental medicine" means a | 0022| physician licensed to practice acupuncture and oriental | 0023| medicine and includes the terms "oriental medical physician", | 0024| "doctor of acupuncture", "acupuncture physician", "acupuncture | 0025| practitioner" and "acupuncturist"; | 0001| [E.] D. "moxibustion" means the use of heat on or | 0002| above specific locations or on acupuncture needles at specific | 0003| locations on the body for the prevention, cure or correction of | 0004| any disease, illness, injury, pain or other condition; | 0005| [F.] E. "oriental medicine" means the distinct system | 0006| of primary health care that uses all allied techniques of oriental | 0007| medicine, both traditional and modern, to diagnose, treat and | 0008| prescribe, as defined in Subsection [G] F of this section, for the | 0009| prevention, cure or correction of any disease, illness, injury, | 0010| pain or other physical or mental condition by controlling and | 0011| regulating the flow and balance of energy and functioning of the | 0012| person to restore and maintain health; and | 0013| [G.] F. "techniques of oriental medicine" means the | 0014| diagnostic and treatment techniques utilized in oriental medicine | 0015| that include [but are not limited to] diagnostic procedures; | 0016| acupuncture; moxibustion; manual therapy, also known as tui na; | 0017| breathing and exercise techniques; dietary, nutritional and | 0018| lifestyle counseling; and the prescription or administration of | 0019| any herbal medicine, homeopathic medicine, vitamin, mineral, | 0020| enzyme or glandular or nutritional supplement." | 0021| Section 3. Section 61-14A-7 NMSA 1978 (being Laws 1993, | 0022| Chapter 158, Section 15) is amended to read: | 0023| "61-14A-7. BOARD CREATED--APPOINTMENT--OFFICERS-- | 0024| COMPENSATION.-- | 0025| A. There is created the "board of acupuncture and | 0001| oriental medicine". | 0002| [B. The board shall be administratively attached to | 0003| the department. | 0004| C.] B. The board shall consist of seven members | 0005| appointed by the governor for terms of three years each. Four | 0006| members of the board shall be doctors of oriental medicine who | 0007| have been licensed to practice acupuncture and oriental medicine | 0008| in New Mexico for at least five years and have practiced in New | 0009| Mexico for at least two years preceding the date of their | 0010| appointment. Three members shall be appointed to represent the | 0011| public and shall not have practiced acupuncture and oriental | 0012| medicine in this or any other jurisdiction or have any financial | 0013| interest in the profession regulated. No more than two board | 0014| members shall be: | 0015| (1) owners of institutes offering educational | 0016| programs in acupuncture and oriental medicine; | 0017| (2) faculty members at institutes offering | 0018| educational programs in acupuncture and oriental medicine; | 0019| (3) private tutors offering educational programs | 0020| in acupuncture and oriental medicine; or | 0021| (4) officers in a professional association of | 0022| acupuncture and oriental medicine. | 0023| [D.] C. Members of the board shall be appointed by the | 0024| governor for staggered terms of three years that shall be made in | 0025| such a manner that the terms of board members will expire on July | 0001| 1. When a board member's term has expired, he shall serve until | 0002| his successor has been appointed and qualified. Vacancies from an | 0003| unexpired term shall be filled for the remainder of the term in | 0004| the same manner as the original appointment. | 0005| [E.] D. No board member shall serve more than two | 0006| consecutive full terms, and any member failing to attend, after he | 0007| has received proper notice, three consecutive meetings shall be | 0008| recommended for removal as a board member unless excused for | 0009| reasons set forth by rule. | 0010| [F.] E. The board shall elect annually from its | 0011| membership a chairman and other officers as necessary to carry out | 0012| its duties. | 0013| [G.] F. The board shall meet at least once each year | 0014| and at other times deemed necessary. Other meetings may be called | 0015| by the chairman, a majority of board members or the governor. A | 0016| simple majority of the board members serving constitutes a quorum | 0017| of the board. | 0018| [H.] G. Members of the board shall [be reimbursed as | 0019| provided in the Per Diem and Mileage Act and shall receive no | 0020| other compensation, perquisite or allowance] serve without | 0021| compensation other than reasonable reimbursement for mileage and | 0022| per diem as determined by the board and paid from board funds." | 0023| Section 4. Section 61-14A-8 NMSA 1978 (being Laws 1993, | 0024| Chapter 158, Section 16) is amended to read: | 0025| "61-14A-8. BOARD--POWERS.--In addition to any other | 0001| authority provided by law, the board shall have the power to: | 0002| A. enforce the provisions of the Acupuncture and | 0003| Oriental Medicine Practice Act; | 0004| B. adopt, publish and file, in accordance with the | 0005| Uniform Licensing Act and the State Rules Act, all rules and | 0006| regulations necessary for the implementation and enforcement of | 0007| the provisions of the Acupuncture and Oriental Medicine Practice | 0008| Act; | 0009| C. adopt a code of ethics; | 0010| D. adopt and use a seal; | 0011| E. inspect institutes, tutorships and the offices of | 0012| licensees; | 0013| F. adopt rules implementing continuing education | 0014| requirements for the purpose of protecting the health and well- | 0015| being of the citizens of this state and maintaining and continuing | 0016| informed professional knowledge and awareness; | 0017| G. employ agents or attorneys; | 0018| H. issue investigative subpoenas for the purpose of | 0019| investigating complaints against licensees prior to the issuance | 0020| of a notice of contemplated action; | 0021| I. administer oaths and take testimony on any matters | 0022| within the board's jurisdiction; | 0023| J. conduct hearings upon charges relating to the | 0024| discipline of licensees, including the denial, suspension or | 0025| revocation of a license in accordance with the Uniform Licensing | 0001| Act; [and] | 0002| K. grant, deny, renew, suspend or revoke licenses to | 0003| practice acupuncture and oriental medicine in accordance with the | 0004| provisions of the Uniform Licensing Act for any cause stated in | 0005| the Acupuncture and Oriental Medicine Practice Act or the rules | 0006| and regulations of the board; | 0007| L. employ staff it deems necessary to assist it in | 0008| carrying out its duties pursuant to the Acupuncture and Oriental | 0009| Medicine Practice Act and may provide for health insurance or | 0010| other benefits for them. Except as otherwise provided in that | 0011| act, employees serve at the pleasure of the board and are exempt | 0012| from the provisions of the Personnel Act; and | 0013| M. enter into contracts." | 0014| Section 5. A new section of the Acupuncture and Oriental | 0015| Medicine Practice Act is enacted to read: | 0016| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the board, | 0017| the attorney general shall provide such legal services to the | 0018| board necessary for the administration of the Acupuncture and | 0019| Oriental Medicine Practice Act; provided, however, that the board | 0020| may, in its discretion, employ or contract for the services of | 0021| other attorneys to assist it in the administration of that act." | 0022| Section 6. A new section of the Acupuncture and Oriental | 0023| Medicine Practice Act is enacted to read: | 0024| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.-- | 0025| A. The board is specifically exempted from the | 0001| provisions of the Procurement Code, the Art in Public Places Act, | 0002| the Information and Communication Management Act and Sections 6-3- | 0003| 1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1 through 15-3-34 | 0004| NMSA 1978. | 0005| B. The board is also specifically exempted from the | 0006| provisions of the Deferred Compensation Act, the Group Benefits | 0007| Act, the Public Employee Bargaining Act, the Per Diem and Mileage | 0008| Act and Sections 10-7-1 through 10-7-19 NMSA 1978; provided, | 0009| however, that an employee of the regulation and licensing | 0010| department who subsequently becomes employed by the board without | 0011| a break in service may, by agreement of the board, continue to | 0012| participate in and be covered by those acts until separation from | 0013| employment with the board. Where required under those acts, the | 0014| board shall make contributions for the participating employee. | 0015| C. The board is also specifically exempted from the | 0016| provisions of the Public Employees Retirement Act and the Retiree | 0017| Health Care Act; provided, however, that an employee of the | 0018| regulation and licensing department who subsequently becomes | 0019| employed by the board without a break in service may, by agreement | 0020| of the board, continue to participate in the public employee | 0021| retirement system under the terms and conditions of the Public | 0022| Employees Retirement Act and the retiree health care system under | 0023| the terms and conditions of the Retiree Health Care Act until | 0024| separation from employment with the board. The board shall make | 0025| contributions as required by those acts for the participating | 0001| employee. | 0002| D. The board is also specifically exempted from the | 0003| provisions of the Personnel Act; provided, however, that an | 0004| employee in the classified service in the regulation and licensing | 0005| department who subsequently becomes employed by the board without | 0006| a break in service may, by agreement of the board, remain in the | 0007| classified service and be covered by the Personnel Act until | 0008| separation from the employment with the board. For all other | 0009| employees, the board may adopt its own employment policies." | 0010| Section 7. A new section of the Acupuncture and Oriental | 0011| Medicine Practice Act is enacted to read: | 0012| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The board, as | 0013| an organization and its individual members and employees, is | 0014| specifically subject to and covered by the provisions of the Tort | 0015| Claims Act, the Joint Powers Agreements Act, the Inspection of | 0016| Public Records Act, the Public Records Act, the Open Meetings Act, | 0017| the Governmental Conduct Act, the Financial Disclosure Act and any | 0018| other state law applicable to the board unless otherwise | 0019| specifically exempted in the Acupuncture and Oriental Medicine | 0020| Practice Act." | 0021| Section 8. Section 61-14A-18 NMSA 1978 (being Laws 1993, | 0022| Chapter 158, Section 26) is repealed and a new Section 61-14A-18 | 0023| NMSA 1978 is enacted to read: | 0024| "61-14A-18. [NEW MATERIAL] BOARD FUNDS.-- | 0025| A. All money received by the board from fees provided | 0001| for in the Acupuncture and Oriental Medicine Practice Act shall be | 0002| deposited in an account in a federally insured financial | 0003| institution qualified to do business in New Mexico. Money in the | 0004| account shall be withdrawn on the order of the board or its | 0005| designee and shall be used only to carry out the board's duties | 0006| pursuant to that act. | 0007| B. In accordance with the provisions of the Audit Act, | 0008| the state auditor may examine the accounts and books of the board, | 0009| including its receipts, disbursements, contracts, leases and other | 0010| records relating to the performance of its duties pursuant to the | 0011| Acupuncture and Oriental Medicine Practice Act. In addition, the | 0012| governor may call for any additional, special audits by the state | 0013| auditor whenever deemed necessary for the protection and oversight | 0014| of board funds. | 0015| C. Money of the board is not public money or state | 0016| funds within the meaning of any law of the state relating to | 0017| investment, deposit, security or expenditure of public money." | 0018| Section 9. Section 61-28A-1 NMSA 1978 (being Laws 1992, | 0019| Chapter 10, Section 1) is amended to read: | 0020| "61-28A-1. SHORT TITLE.--[Sections 1 through 26, 28 and 29 | 0021| of this act] Chapter 61, Article 28A NMSA 1978 may be cited as the | 0022| "Public Accountancy Act"." | 0023| Section 10. Section 61-28A-3 NMSA 1978 (being Laws 1992, | 0024| Chapter 10, Section 3) is amended to read: | 0025| "61-28A-3. DEFINITIONS.--As used in the Public Accountancy | 0001| Act: | 0002| A. "board" means the New Mexico state board of public | 0003| accountancy; | 0004| B. "certified public accountant" means an individual | 0005| who has successfully met the certification requirements for | 0006| certified public accountant set forth in the Public Accountancy | 0007| Act and who has been granted a certificate by the board; | 0008| C. "continuing professional education" means courses | 0009| in accounting, auditing, tax or other functions of public | 0010| accountancy identified and approved by the board and provided to | 0011| individuals seeking to maintain a valid permit to practice; | 0012| D. "firm" means a sole proprietorship, a professional | 0013| corporation or a partnership; | 0014| E. "fund" means the [public accountancy fund] board | 0015| fund; | 0016| F. "person" means an individual or firm; | 0017| G. "practice" means the performance of public | 0018| accountancy or the offering to perform public accountancy for a | 0019| client or potential client by a person holding himself out to the | 0020| public as a permit holder or registered firm; | 0021| H. "practitioner" means a registered firm or an | 0022| individual engaged in the practice of public accountancy holding a | 0023| valid certificate and permit; | 0024| I. "public accountancy" means the performance of one | 0025| or more kinds of services involving accounting or auditing skills, | 0001| including the issuance of reports on financial statements, the | 0002| performance of one or more kinds of management, financial advisory | 0003| or consulting services, the preparation of tax returns or the | 0004| furnishing of advice on tax matters; | 0005| J. "quality review" means a study, appraisal or review | 0006| of one or more aspects of the accounting and auditing work of a | 0007| practitioner by a practitioner who is not affiliated with the | 0008| person being reviewed; | 0009| K. "reciprocal jurisdiction" means a state or foreign | 0010| country identified by the board by rule as having standards for | 0011| authorizing a person to practice public accountancy equivalent to | 0012| those prescribed in New Mexico law and by board rule; | 0013| L. "registered firm" means a firm that has been | 0014| granted a registration by the board pursuant to the Public | 0015| Accountancy Act; | 0016| M. "registered public accountant" means an individual | 0017| who, prior to December 31, 1990, successfully met the | 0018| certification requirements for registered public accountant set | 0019| forth in the Public Accountancy Act or in prior law and who has | 0020| been granted a certificate by the board; | 0021| N. "report" means an opinion or other writing that: | 0022| (1) states or implies assurance as to the | 0023| reliability of any financial statements; | 0024| (2) includes or is accompanied by any statement | 0025| or implication that the person issuing it has special knowledge or | 0001| competency in accounting or auditing indicated by the use of | 0002| names, titles or abbreviations likely to be understood to identify | 0003| the author of the report as a practitioner; and | 0004| (3) includes the following types of reports as | 0005| they are defined by board rule: | 0006| (a) a compilation report; | 0007| (b) a review report; or | 0008| (c) an audit report; | 0009| O. "rule" means any written directive of general | 0010| application duly adopted by the board; and | 0011| P. "state" means any state or insular possession of | 0012| the United States, including the District of Columbia, Puerto | 0013| Rico, the United States Virgin Islands and Guam." | 0014| Section 11. Section 61-28A-7 NMSA 1978 (being Laws 1992, | 0015| Chapter 10, Section 7) is amended to read: | 0016| "61-28A-7. BOARD--OFFICERS--MEETINGS--REIMBURSEMENT.-- | 0017| A. The board shall elect annually from among its | 0018| members a chairman and a secretary-treasurer. Surety bond | 0019| coverage shall be in accordance with the Surety Bond Act. | 0020| B. The board shall meet at such times and places as | 0021| may be fixed by the board. A majority of the board members then | 0022| in office shall constitute a quorum at any meeting duly called. | 0023| Meetings of the board shall be open to the public as required by | 0024| the Open Meetings Act. | 0025| C. Each member of the board shall [receive per diem | 0001| and mileage as provided in the Per Diem and Mileage Act and shall | 0002| receive no other compensation, perquisite or allowance] serve | 0003| without compensation other than reasonable reimbursement for | 0004| mileage and per diem as determined by the board and paid from | 0005| board funds. | 0006| D. The limit and extent of immunity provided to | 0007| members of the board shall be defined by the Tort Claims Act." | 0008| Section 12. Section 61-28A-8 NMSA 1978 (being Laws 1992, | 0009| Chapter 10, Section 8, as amended) is amended to read: | 0010| "61-28A-8. BOARD--POWERS AND DUTIES.-- | 0011| A. The board shall retain or arrange for the retention | 0012| of all applications, all documents under oath that are filed with | 0013| the board and all records of its proceedings, and it shall | 0014| maintain a registry of the names and addresses of all certificate | 0015| and permit holders and registered firms. | 0016| B. The board may employ an executive director [as an | 0017| exempt employee] and such other personnel as it deems necessary | 0018| for its administration and enforcement of the Public Accountancy | 0019| Act and provide for health insurance or other benefits for them. | 0020| Except as otherwise provided in the Public Accountancy Act, | 0021| employees shall serve at the pleasure of the board and are exempt | 0022| from the provisions of the Personnel Act. | 0023| C. The board may retain its own counsel to advise and | 0024| assist it [in addition to such] or may in its discretion request | 0025| the advice and assistance [as is provided by] of the attorney | 0001| general. | 0002| D. The board may sue and be sued in its official name | 0003| [as an agency of New Mexico]. To promote fair and complete | 0004| investigations and hearings, the board may issue subpoenas to | 0005| compel the attendance of witnesses and the production of | 0006| documents, administer oaths, take testimony and receive evidence | 0007| concerning all matters within its jurisdiction according to the | 0008| provisions of the Uniform Licensing Act and pursuant to rules | 0009| adopted by the board. | 0010| E. The board shall adopt rules governing its | 0011| administration and enforcement of the Public Accountancy Act. All | 0012| rulemaking activities shall be carried out pursuant to the | 0013| provisions of the Uniform Licensing Act. | 0014| F. The board may conduct investigations and hearings | 0015| upon its own motion or after receiving notice from any person of | 0016| an alleged violation of the Public Accountancy Act. All hearings | 0017| regarding alleged violations of that act shall be conducted | 0018| pursuant to the provisions of the Uniform Licensing Act. | 0019| Injunctions and appeals from board orders or decisions shall be | 0020| pursued according to the provisions of the Uniform Licensing Act | 0021| and the rules of civil procedure in the district courts. | 0022| G. The board shall promulgate rules governing the | 0023| professional and ethical conduct of practitioners. | 0024| H. The board shall exercise such powers as are | 0025| necessary to carry out the provisions of the Public Accountancy | 0001| Act. | 0002| I. The board shall establish by rule the standards and | 0003| means by which a practitioner may use a title, designation or | 0004| abbreviation that indicates he is a specialist or has special | 0005| expertise in conjunction with the practice of public accountancy." | 0006| Section 13. A new section of the Public Accountancy Act is | 0007| enacted to read: | 0008| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.-- | 0009| A. The board is specifically exempted from the | 0010| provisions of the Procurement Code, the Art in Public Places Act, | 0011| the Information and Communication Management Act and Sections 6-3- | 0012| 1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1 through 15-3-34 | 0013| NMSA 1978. | 0014| B. The board is also specifically exempted from the | 0015| provisions of the Deferred Compensation Act, the Group Benefits | 0016| Act, the Public Employee Bargaining Act, the Per Diem and Mileage | 0017| Act and Sections 10-7-1 through 10-7-19 NMSA 1978; provided, | 0018| however, that an employee of the regulation and licensing | 0019| department who subsequently becomes employed by the board without | 0020| a break in service may, by agreement of the board, continue to | 0021| participate in and be covered by those acts until separation from | 0022| employment with the board. Where required under those acts, the | 0023| board shall make contributions for the participating employee. | 0024| C. The board is also specifically exempted from the | 0025| provisions of the Public Employees Retirement Act and the Retiree | 0001| Health Care Act; provided, however, that an employee of the | 0002| regulation and licensing department who subsequently becomes | 0003| employed by the board without a break in service may, by agreement | 0004| of the board, continue to participate in the public employee | 0005| retirement system under the terms and conditions of the Public | 0006| Employees Retirement Act and the retiree health care system under | 0007| the terms and conditions of the Retiree Health Care Act until | 0008| separation from employment with the board. The board shall make | 0009| contributions as required by those acts for the participating | 0010| employee. | 0011| D. The board is also specifically exempted from the | 0012| provisions of the Personnel Act; provided, however, that an | 0013| employee in the classified service in the regulation and licensing | 0014| department who subsequently becomes employed by the board without | 0015| a break in service may, by agreement of the board, remain in the | 0016| classified service and be covered by the Personnel Act until | 0017| separation from employment with the board. For all other | 0018| employees, the board may adopt its own employment policies." | 0019| Section 14. A new section of the Public Accountancy Act is | 0020| enacted to read: | 0021| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The board, as | 0022| an organization and its individual members and employees, is | 0023| specifically subject to and covered by the provisions of the Tort | 0024| Claims Act, the Joint Powers Agreements Act, the Inspection of | 0025| Public Records Act, the Public Records Act, the Open Meetings Act, | 0001| the Governmental Conduct Act, the Financial Disclosure Act and any | 0002| other state law applicable to the board unless otherwise | 0003| specifically exempted in the Public Accountancy Act." | 0004| Section 15. Section 61-28A-22 NMSA 1978 (being Laws 1992, | 0005| Chapter 10, Section 22) is repealed and a new Section 61-28A-22 | 0006| NMSA 1978 is enacted to read: | 0007| "61-28A-22. [NEW MATERIAL] BOARD FUNDS.-- | 0008| A. All money received by the board from fees provided | 0009| for in the Public Accountancy Act shall be deposited in an account | 0010| in a federally insured financial institution qualified to do | 0011| business in New Mexico. Money in the account shall be withdrawn | 0012| on the order of the board or its designee and shall only be used | 0013| to carry out the board's duties pursuant to that act. | 0014| B. In accordance with the provisions of the Audit Act, | 0015| the state auditor may examine the accounts and books of the board, | 0016| including its receipts, disbursements, contracts, leases and other | 0017| records relating to the performance of its duties pursuant to the | 0018| Public Accountancy Act. In addition, the governor may call for | 0019| any additional, special audits by the state auditor whenever | 0020| deemed necessary for the protection and oversight of board funds. | 0021| C. Money of the board is not public money or state | 0022| funds within the meaning of any law of the state relating to | 0023| investment, deposit, security or expenditure of public money." | 0024| Section 16. [NEW MATERIAL] SHORT TITLE.--Sections 16 | 0025| through 34 of this act may be cited as the "Physical Therapy Act". | 0001| Section 17. [NEW MATERIAL] LEGISLATIVE PURPOSE.--The | 0002| purpose of the Physical Therapy Act is to protect the public | 0003| health, safety and welfare and provide for control, supervision, | 0004| licensure and regulation of the practice of physical therapy. To | 0005| carry out those purposes, only individuals who meet and maintain | 0006| minimum standards of competence and conduct may engage in the | 0007| practice of physical therapy. The practice of physical therapy is | 0008| declared to affect the public interest and that act shall be | 0009| liberally construed so as to accomplish the purpose stated in that | 0010| act. | 0011| Section 18. [NEW MATERIAL] DEFINITIONS.--As used in the | 0012| Physical Therapy Act: | 0013| A. "assistive personnel" means physical therapist | 0014| assistants, physical therapy aides and other assistive personnel; | 0015| B. "board" means the physical therapy board; | 0016| C. "other assistive personnel" means trained or | 0017| educated personnel other than physical therapist assistants or | 0018| physical therapy aides who perform specific designated tasks | 0019| related to physical therapy under the supervision of a physical | 0020| therapist. At the discretion of the supervising physical | 0021| therapist and if not prohibited by any other law, it may be | 0022| appropriate for other assistive personnel to be identified by the | 0023| title specific to their training or education; | 0024| D. "person" means an individual or other legal entity; | 0025| E. "physical therapist" means a person who is licensed | 0001| in this state to practice physical therapy; | 0002| F. "physical therapist assistant" means a person who | 0003| performs physical therapy procedures and related tasks pursuant to | 0004| a plan of care written by the supervising physical therapist; | 0005| G. "physical therapy" means the care and services | 0006| provided by or under the direction and supervision of a physical | 0007| therapist; | 0008| H. "physical therapy aide" means a person trained | 0009| under the direction of a physical therapist who performs | 0010| designated and supervised routine physical therapy tasks; | 0011| I. "practice of physical therapy" means: | 0012| (1) examining and evaluating patients with | 0013| mechanical, physiological and developmental impairments, | 0014| functional limitations and disabilities or other health-related | 0015| conditions in order to determine a diagnosis, prognosis and | 0016| planned therapeutic intervention; | 0017| (2) alleviating impairments and functional | 0018| limitations by designing, implementing and modifying therapeutic | 0019| interventions that include therapeutic exercise; functional | 0020| training in self-care and community or work reintegration; manual | 0021| therapy techniques, including soft tissue and joint mobilization | 0022| and manipulation; therapeutic massage; assistive and adaptive | 0023| devices and equipment; bronchopulmonary hygiene; debridement and | 0024| wound care; physical agents; mechanical and electrotherapeutic | 0025| modalities; and patient-related instruction; | 0001| (3) preventing injury, impairments, functional | 0002| limitations and disability, including the promotion and | 0003| maintenance of fitness, health and quality of life in all age | 0004| populations; and | 0005| (4) engaging in consultation, testing, education | 0006| and research; and | 0007| J. "restricted license" means a license to which | 0008| restrictions or conditions as to scope of practice, place of | 0009| practice, supervision of practice, duration of licensed status or | 0010| type or condition of patient or client served are imposed by the | 0011| board. | 0012| Section 19. [NEW MATERIAL] BOARD CREATED.-- | 0013| A. The "physical therapy board" is created. The board | 0014| shall consist of five members appointed by the governor. Three | 0015| members shall be physical therapists who are residents of the | 0016| state, who possess unrestricted licenses to practice physical | 0017| therapy and who have been practicing in New Mexico for no less | 0018| than five years. Two members shall be citizens appointed from the | 0019| public at large who are not associated with, or financially | 0020| interested in, any health care profession. | 0021| B. All appointments shall be made for staggered terms | 0022| of three years with no more than two terms ending at any one time. | 0023| No member shall serve for more than two successive three-year | 0024| terms. Vacancies shall be filled for the unexpired term by | 0025| appointment by the governor prior to the next scheduled board | 0001| meeting. | 0002| C. The governor may remove any member of the board for | 0003| misconduct, incompetence or neglect of duty. | 0004| D. Members shall serve without compensation other than | 0005| reasonable reimbursement for mileage and per diem as determined by | 0006| the board and paid from board funds. | 0007| E. There shall be no liability on the part of and no | 0008| action for damages against any board member when the member is | 0009| acting within the scope of his duties. | 0010| Section 20. [NEW MATERIAL] POWERS AND DUTIES.--The board: | 0011| A. shall examine all applicants for licensure to | 0012| practice physical therapy and issue licenses or permits to those | 0013| who are duly qualified; | 0014| B. shall regulate the practice of physical therapy by | 0015| interpreting and enforcing the provisions of the Physical Therapy | 0016| Act, including taking disciplinary action; | 0017| C. may adopt, file, amend or repeal rules and | 0018| regulations in accordance with the Uniform Licensing Act to carry | 0019| out the provisions of the Physical Therapy Act; | 0020| D. may meet as often as the board deems necessary in | 0021| compliance with the Open Meetings Act. A majority of the members | 0022| constitutes a quorum for the transaction of business. The board | 0023| shall keep an official record of all its proceedings; | 0024| E. may establish requirements for assessing continuing | 0025| competency; | 0001| F. may establish and collect fees for sustaining the | 0002| necessary operation and expenses of the board; | 0003| G. may expend board funds as it deems necessary for | 0004| carrying out the purposes and for the administration of the | 0005| Physical Therapy Act; | 0006| H. may establish, impose and collect fines for | 0007| violations of the Physical Therapy Act; | 0008| I. may elect such officers as it deems necessary for | 0009| the operations and obligations of the board. Terms of office | 0010| shall be one year; | 0011| J. shall provide for the timely orientation and | 0012| training of new professional and public appointees to the board, | 0013| including training in licensing and disciplinary procedures and | 0014| orientation to all statutes, rules, policies and procedures of the | 0015| board; | 0016| K. may employ an executive secretary and other | 0017| personnel to carry out the administrative work of the board. The | 0018| board may provide for health insurance or other benefits for those | 0019| persons. Except as otherwise provided in the Physical Therapy | 0020| Act, persons employed by the board serve at the pleasure of the | 0021| board and are exempt from the provisions of the Personnel Act; | 0022| L. may enter into contracts for services determined to | 0023| be necessary for adequate administration and enforcement of the | 0024| Physical Therapy Act; | 0025| M. shall report final disciplinary action taken | 0001| against a physical therapist or physical therapist assistant to | 0002| the national disciplinary data base; | 0003| N. shall publish at least annually final disciplinary | 0004| action taken against any physical therapist or physical therapist | 0005| assistant; and | 0006| O. may prescribe the forms of license certificates, | 0007| application forms and such other documents as it deems necessary | 0008| to carrying out of the provisions of the Physical Therapy Act. | 0009| Section 21. [NEW MATERIAL] BOARD FUNDS.-- | 0010| A. All money received by the board from fees provided | 0011| for in the Physical Therapy Act shall be deposited in an account | 0012| in a federally insured financial institution qualified to do | 0013| business in New Mexico. Money in the account shall be withdrawn | 0014| on the order of the board or its designee and shall be used only | 0015| to carry out the board's duties under the Physical Therapy Act. | 0016| B. Pursuant to the Audit Act, the state auditor or his | 0017| legally authorized representatives may examine the accounts and | 0018| books of the board, including its receipts, disbursements, | 0019| contracts, leases and any other records relating to the | 0020| performance of its duties under the Physical Therapy Act. In | 0021| addition, the governor may call for additional, special audits to | 0022| be conducted by the state auditor or his legally authorized | 0023| representatives whenever deemed necessary for the protection and | 0024| oversight of board funds. | 0025| C. Money of the board is not public money or state | 0001| funds within the meaning of any law of the state relating to | 0002| investment, deposit, security or expenditure of public money. | 0003| Section 22. [NEW MATERIAL] LEGAL SERVICES.--Upon request | 0004| of the board, the attorney general shall provide such legal | 0005| services to the board necessary for the administration of the | 0006| Physical Therapy Act. The board may, within its discretion, | 0007| employ or contract for the services of licensed attorneys to | 0008| assist it in the administration of the Physical Therapy Act. | 0009| Section 23. [NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.-- | 0010| A. The board is specifically exempted from the | 0011| provisions of the Procurement Code, the Art in Public Places Act, | 0012| the Information and Communication Management Act and Sections | 0013| 6-3-1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1 through | 0014| 15-3-34 NMSA 1978. | 0015| B. The board is also specifically exempted from the | 0016| provisions of the Deferred Compensation Act, the Group Benefits | 0017| Act, the Public Employee Bargaining Act, the Per Diem and Mileage | 0018| Act and Sections 10-7-1 through 10-7-19 NMSA 1978; provided, | 0019| however, that an employee of the regulation and licensing | 0020| department who subsequently becomes employed by the board without | 0021| a break in service may, by agreement of the board, continue to | 0022| participate in and be covered by the provisions of those acts | 0023| until separation from employment with the board. Where required | 0024| under those acts, the board shall make contributions for | 0025| participating employees. | 0001| C. The board is also specifically exempted from the | 0002| provisions of the Public Employees Retirement Act and the Retiree | 0003| Health Care Act; provided, however, that an employee of the | 0004| regulation and licensing department who subsequently becomes | 0005| employed by the board without a break in service may, by agreement | 0006| of the board, continue to participate in the public employee | 0007| retirement system under the terms and conditions of the Public | 0008| Employees Retirement Act and the retiree health care system under | 0009| the terms and conditions of the Retiree Health Care Act until | 0010| separation from employment with the board. The board shall make | 0011| contributions as required by those acts for a participating | 0012| employee. | 0013| D. The board is also specifically exempted from the | 0014| provisions of the Personnel Act; provided, however, that an | 0015| employee in the classified service in the regulation and licensing | 0016| department who subsequently becomes employed by the board without | 0017| a break in service may, by agreement of the board, remain in the | 0018| classified service and be covered by the Personnel Act until | 0019| separation from employment with the board. For all other | 0020| employees, the board may adopt its own employment policies. | 0021| Section 24. [NEW MATERIAL] APPLICABILITY OF OTHER ACTS.-- | 0022| The board, as an organization and its individual members and | 0023| employees, is specifically subject to and covered by the | 0024| provisions of the Tort Claims Act, the Joint Powers Agreements | 0025| Act, the Inspection of Public Records Act, the Public Records Act, | 0001| the Open Meetings Act, the Governmental Conduct Act, the Financial | 0002| Disclosure Act and any other state law applicable to the board | 0003| unless otherwise specifically exempted in the Physical Therapy | 0004| Act. | 0005| Section 25. [NEW MATERIAL] PRACTICE OF PHYSICAL THERAPY-- | 0006| LICENSE REQUIRED.-- | 0007| A. No person shall practice or hold himself out to be | 0008| engaging in the practice of physical therapy or designate himself | 0009| as a physical therapist unless he is licensed as a physical | 0010| therapist or is exempt from licensure as provided in the Physical | 0011| Therapy Act. | 0012| B. No person shall designate himself or act as a | 0013| physical therapist assistant unless he is licensed as a physical | 0014| therapist assistant or is exempt from licensure as provided in the | 0015| Physical Therapy Act. | 0016| C. A physical therapist shall refer persons under his | 0017| care to the appropriate health care practitioner if the physical | 0018| therapist has reasonable cause to believe symptoms or conditions | 0019| are present that require services beyond his scope of practice or | 0020| when physical therapy is contraindicated. | 0021| D. Physical therapists or physical therapist | 0022| assistants shall adhere to the recognized standards of ethics of | 0023| the physical therapy profession. | 0024| Section 26. [NEW MATERIAL] USE OF TITLES--RESTRICTIONS.-- | 0025| A. A physical therapist shall use the letters "PT" in | 0001| connection with his name or place of business to denote licensure | 0002| pursuant to the Physical Therapy Act. | 0003| B. It is unlawful for a person or his employees, | 0004| agents or representatives to use in connection with his name or | 0005| the name or activity of the business the words "physical therapy", | 0006| "physical therapist", "physiotherapy", "physiotherapist", | 0007| "registered physical therapist", the letters "PT", "LPT", "RPT", | 0008| "MPT", "DPT" or any other words, abbreviations or insignia | 0009| indicating or implying directly or indirectly that physical | 0010| therapy is provided or supplied, including the billing of services | 0011| labeled as physical therapy, unless the services are provided by | 0012| or under the direction of a physical therapist. | 0013| C. A physical therapist assistant shall use the | 0014| letters "PTA" in connection with his name to denote licensure. | 0015| D. No person shall use the title "physical therapist | 0016| assistant" or use the letters "PTA" in connection with his name or | 0017| any other words, abbreviations or insignia indicating or implying | 0018| directly or indirectly that he is a physical therapist assistant | 0019| unless he has graduated from an accredited physical therapist | 0020| assistant education program approved by the board and has met the | 0021| requirements of the Physical Therapy Act. | 0022| Section 27. [NEW MATERIAL] LICENSURE--QUALIFICATIONS.-- | 0023| A. An applicant for licensure as a physical therapist | 0024| shall have the following minimum qualifications: | 0025| (1) be of good moral character; | 0001| (2) be a graduate of an accredited physical | 0002| therapy program approved by the board; | 0003| (3) have successfully passed the national | 0004| physical therapy examination approved by the board; and | 0005| (4) have successfully passed the state | 0006| jurisprudence examination. | 0007| B. An applicant for licensure as a physical therapist | 0008| who has been educated outside the United States must meet the | 0009| following minimum qualifications: | 0010| (1) provide satisfactory evidence that his | 0011| education is substantially equivalent to the requirements of | 0012| physical therapists educated in accredited educational programs in | 0013| the United States, as determined by the board. If the board | 0014| determines that a foreign-educated applicant's education is not | 0015| substantially equivalent, it may require completion of additional | 0016| course work before proceeding with the application process; | 0017| (2) provide evidence that he is a graduate of a | 0018| school of training that is recognized by the foreign country's own | 0019| ministry of education or similar institution; | 0020| (3) provide written proof of authorization to | 0021| practice as a physical therapist without limitations in the legal | 0022| jurisdiction where the post-secondary institution from which the | 0023| applicant has graduated is located; | 0024| (4) provide proof of legal authorization to | 0025| reside and seek employment in the United States or its | 0001| territories; | 0002| (5) have his educational credentials evaluated | 0003| by a board-approved credential evaluation agency; | 0004| (6) pass all approved English proficiency | 0005| examinations as may be prescribed by the board if English is not | 0006| his primary language; and | 0007| (7) participate in an interim supervised | 0008| clinical practice period as may be prescribed by the board. | 0009| C. The board may issue an interim permit to a | 0010| foreign-trained applicant who satisfies the board's requirements. | 0011| An interim permit shall be issued for the purpose of participating | 0012| in a supervised clinical practice period. | 0013| D. If the foreign-educated physical therapist | 0014| applicant is a graduate of a college accredited by the commission | 0015| on accreditation in physical therapy education, the requirements | 0016| of Paragraphs (1), (2), (5) and (7) of Subsection B of this | 0017| section are waived. | 0018| E. An applicant for licensure as a physical therapist | 0019| assistant shall meet the following minimum requirements: | 0020| (1) be of good moral character; | 0021| (2) have completed the application process; | 0022| (3) be a graduate of an accredited physical | 0023| therapist assistant program approved by the board; | 0024| (4) have successfully passed the national | 0025| physical therapy examination approved by the board; and | 0001| (5) have successfully passed the state | 0002| jurisprudence examination. | 0003| F. An applicant for licensure as a physical therapist | 0004| or physical therapist assistant shall file a written application | 0005| on forms provided by the board. A nonrefundable application fee | 0006| and the cost of the examination shall accompany the completed | 0007| written application. Fees shall be established by board rule. | 0008| G. The board shall review applicants for physical | 0009| therapy licensure after all application processes are completed. | 0010| The national physical therapy examination shall test entry-level | 0011| competency related to physical therapy theory, evaluation, | 0012| treatment intervention, prevention and consultation. | 0013| H. The board shall review applicants for physical | 0014| therapist assistant licensure after all application processes are | 0015| completed. The national examination shall test for requisite | 0016| knowledge and skills. | 0017| I. The board shall require proof of passage of a | 0018| jurisprudence examination on state laws, rules and regulations | 0019| that pertain to the practice of physical therapy. | 0020| J. Applicants who fail to pass the examinations shall | 0021| be subject to requirements determined by board regulations prior | 0022| to being approved by the board for subsequent testing. | 0023| K. The board or its designee shall issue a license to | 0024| a physical therapist or physical therapist assistant who has a | 0025| valid unrestricted license from another United States jurisdiction | 0001| and who meets all requirements for licensure in New Mexico. | 0002| L. Prior to licensure, if prescribed by the board, the | 0003| board or its designee may issue a temporary nonrenewable license | 0004| to a physical therapist or physical therapist assistant who has | 0005| completed the education and experience requirements of the | 0006| Physical Therapist Act. The temporary license shall allow the | 0007| applicant to practice physical therapy under the supervision of a | 0008| licensed physical therapist until a permanent license is approved | 0009| that shall include passing the national physical therapy | 0010| examination. | 0011| M. The board or its designee may issue a temporary | 0012| license to a physical therapist or physical therapist assistant | 0013| performing physical therapy while teaching an educational seminar | 0014| who has met the requirements established by regulation of the | 0015| board. | 0016| N. A physical therapist or physical therapist | 0017| assistant licensed under the provisions of the Physical Therapy | 0018| Act shall renew his license as specified in board rules. A person | 0019| who fails to renew his license by the date of expiration shall not | 0020| practice physical therapy in New Mexico. | 0021| O. Reinstatement of a lapsed license following a | 0022| renewal deadline requires payment of a renewal fee and late | 0023| penalty as specified by board rules. | 0024| P. Reinstatement of a physical therapist or physical | 0025| therapist assistant license that has lapsed for more than three | 0001| years, without evidence of continued practice in another state | 0002| pursuant to a valid unrestricted license in that state, requires | 0003| reapplication and payment of fees, as specified in board rules. | 0004| The board shall promulgate rules establishing the qualifications | 0005| for reinstatement of a lapsed license. | 0006| Q. The board shall establish, by rule, activities to | 0007| periodically assess continuing competence to practice physical | 0008| therapy. The board may implement remedial actions if necessary to | 0009| require continuing competence as a condition of relicensure. | 0010| Section 28. [NEW MATERIAL] EXEMPTIONS.--The following | 0011| persons are exempt from licensure as physical therapists under the | 0012| Physical Therapy Act: | 0013| A. a person who is pursuing a course of study leading | 0014| to a degree as a physical therapist in an entry-level education | 0015| program approved by the board and is satisfying supervised | 0016| clinical education requirements related to his physical therapy | 0017| education; and | 0018| B. a physical therapist practicing in the United | 0019| States armed services, United States public health service or | 0020| veterans administration as based on requirements under federal | 0021| regulations for state licensure of health care providers. | 0022| Section 29. [NEW MATERIAL] SUPERVISION.-- | 0023| A. A physical therapist is responsible for patient | 0024| care given by assistive personnel under his supervision. A | 0025| physical therapist may delegate to assistive personnel and | 0001| supervise selected acts, tasks or procedures that fall within the | 0002| scope of physical therapy practice but do not exceed the assistive | 0003| personnel's education or training. | 0004| B. A physical therapist assistant shall function under | 0005| the supervision of a physical therapist as prescribed by rules of | 0006| the board. | 0007| C. Physical therapy aides and other assistive | 0008| personnel shall perform patient care activities under on-site | 0009| supervision of a physical therapist. "On-site supervision" means | 0010| the supervising physical therapist shall: | 0011| (1) be continuously on-site and present in the | 0012| department or facility where the assistive personnel are | 0013| performing services; | 0014| (2) be immediately available to assist the | 0015| person being supervised in the services being performed; and | 0016| (3) maintain continued involvement in | 0017| appropriate aspects of each treatment session in which a component | 0018| of treatment is delegated to assistive personnel. | 0019| Section 30. [NEW MATERIAL] GROUNDS FOR DISCIPLINARY | 0020| ACTION.--The following conduct, acts or conditions constitute | 0021| grounds for disciplinary action: | 0022| A. practicing physical therapy in violation of the | 0023| provisions of the Physical Therapy Act or rules adopted by the | 0024| board; | 0025| B. practicing or offering to practice beyond the scope | 0001| of physical therapy practice as defined in the Physical Therapy | 0002| Act; | 0003| C. obtaining or attempting to obtain a license by | 0004| fraud or misrepresentation; | 0005| D. engaging in or permitting the performance of | 0006| negligent care by a physical therapist or by assistive personnel | 0007| working under the physical therapist's supervision, regardless of | 0008| whether actual injury to the patient is established; | 0009| E. engaging in the performance of negligent care by a | 0010| physical therapist assistant, regardless of whether actual injury | 0011| to the patient is established. This includes exceeding the | 0012| authority to perform tasks pursuant to the plan of care written by | 0013| the supervising physical therapist; | 0014| F. having been convicted of a felony in the courts of | 0015| this state or any other state, territory or country, subject to | 0016| the Criminal Offender Employment Act. Conviction includes a | 0017| finding or verdict of guilt, an admission of guilt or a plea of | 0018| nolo contendere. A copy of the record of conviction, certified by | 0019| the clerk of the court entering the conviction, is conclusive | 0020| evidence; | 0021| G. practicing as a physical therapist or working as a | 0022| physical therapist assistant when physical or mental abilities are | 0023| impaired by the habitual or excessive use of controlled | 0024| substances, other habit-forming drugs, chemicals or alcohol; | 0025| H. having had a license revoked or suspended; other | 0001| disciplinary action taken; or an application for licensure | 0002| refused, revoked or suspended by the proper authorities of another | 0003| state, territory or country based upon acts by the licensee | 0004| similar to acts described in this section. A certified copy of | 0005| the record of suspension, revocation or other disciplinary action | 0006| taken by the state taking the disciplinary action is conclusive | 0007| evidence; | 0008| I. if a physical therapist, failing to adequately | 0009| supervise assistive personnel; | 0010| J. engaging in sexual misconduct, including engaging | 0011| in or soliciting sexual relationships with a patient, whether | 0012| consensual or nonconsensual, while a physical therapist- or | 0013| physical therapist assistant-patient relationship exists; or | 0014| sexual harassment of a patient that includes making sexual | 0015| advances, requesting sexual favors and engaging in other verbal | 0016| conduct or physical contact of a sexual nature while a physical | 0017| therapist- or physical therapist assistant-patient relationship | 0018| exists; | 0019| K. directly or indirectly requesting, receiving or | 0020| participating in the dividing, transferring, assigning, rebating | 0021| or refunding of an unearned fee; or profiting by means of a credit | 0022| or other valuable consideration such as an unearned commission, | 0023| discount or gratuity in connection with the furnishing of physical | 0024| therapy services. Nothing in this subsection prohibits the | 0025| members of any regularly and properly organized business entity | 0001| recognized by law and comprised of physical therapists from | 0002| dividing fees received for professional services among themselves | 0003| as they determine by contract necessary to defray their joint | 0004| operating expense; | 0005| L. failing to adhere to the recognized standards of | 0006| ethics of the physical therapy profession; | 0007| M. charging unreasonable or fraudulent fees for | 0008| services performed or not performed; | 0009| N. making misleading, deceptive, untrue or fraudulent | 0010| representations in the practice of physical therapy; | 0011| O. having been adjudged mentally incompetent by a | 0012| court of competent jurisdiction; | 0013| P. aiding or abetting an unlicensed person to perform | 0014| activities requiring a license; | 0015| Q. failing to report to the board any act or omission | 0016| of a licensee, applicant or other person that violates the | 0017| provisions of the Physical Therapy Act; | 0018| R. interfering with or refusing to cooperate in an | 0019| investigation or disciplinary proceeding of the board, including | 0020| misrepresentation of facts or by the use of threats or harassment | 0021| against any patient or witness to prevent them from providing | 0022| evidence in a disciplinary proceeding; | 0023| S. failing to maintain patient confidentiality without | 0024| prior written consent or unless otherwise provided by law; | 0025| T. impersonating another person licensed to practice | 0001| physical therapy, permitting or allowing any person to use the | 0002| physical therapist's or physical therapist assistant's license or | 0003| practicing physical therapy under a false or assumed name; | 0004| U. failure to report to the board the surrendering of | 0005| a license or other authorization to practice physical therapy in | 0006| another state or jurisdiction or the surrendering of membership in | 0007| any professional association following, in lieu of or while under | 0008| disciplinary investigation by any of those authorities or bodies | 0009| for acts or conduct similar to acts or conduct that would | 0010| constitute grounds for action as defined in this section; and | 0011| V. abandonment of patients. | 0012| Section 31. [NEW MATERIAL] CONSUMER PROTECTION.-- | 0013| A. Any person, including a licensee; corporation; | 0014| insurance company; health care organization; health care facility; | 0015| and state, federal or local governmental agency, shall report to | 0016| the board any conviction, determination or finding that a licensee | 0017| has committed an act that constitutes a violation of the Physical | 0018| Therapy Act. The person is immune from civil liability for | 0019| providing information in good faith to the board. Failure by a | 0020| licensee to report a violation of the Physical Therapy Act shall | 0021| constitute grounds for disciplinary action. | 0022| B. The board may permit an impaired physical therapist | 0023| or assistive personnel to actively participate in a board-approved | 0024| substance abuse treatment program under the following conditions: | 0025| (1) the board has evidence indicating that the | 0001| licensee is an impaired professional; | 0002| (2) the licensee has not been convicted of a | 0003| felony relating to a controlled substance in a court of law of the | 0004| United States or any other territory or country; | 0005| (3) the impaired professional enters into a | 0006| written agreement with the board and complies with all the terms | 0007| of the agreement, including making satisfactory progress in the | 0008| program and adhering to any limitations on his practice imposed by | 0009| the board to protect the public. Failure to enter into such an | 0010| agreement shall disqualify the professional from the voluntary | 0011| substance abuse program; and | 0012| (4) as part of the agreement established between | 0013| the licensee and the board, the licensee shall sign a waiver | 0014| allowing the substance abuse program to release information to the | 0015| board if the licensee does not comply with the requirements of | 0016| this section or is unable to practice with reasonable skill or | 0017| safety. | 0018| C. The public shall have access to information | 0019| pursuant to the Inspection of Public Records Act. | 0020| D. The board shall conduct its meetings and | 0021| disciplinary hearings in accordance with the Open Meetings Act. | 0022| E. Physical therapists and physical therapist | 0023| assistants shall disclose in writing to patients if the referring | 0024| health care practitioner is deriving direct or indirect | 0025| compensation from the referral to physical therapy. | 0001| F. Physical therapists and physical therapist | 0002| assistants shall disclose any financial interest in products they | 0003| endorse and recommend to their patients. | 0004| G. The licensee has the responsibility to ensure that | 0005| the patient has knowledge of freedom of choice in services and | 0006| products. | 0007| H. The physical therapist or physical therapist | 0008| assistant shall not promote an unnecessary device, treatment | 0009| intervention or service for the financial gain of himself or | 0010| another person. | 0011| I. The physical therapist or physical therapist | 0012| assistant shall not provide treatment intervention unwarranted by | 0013| the condition of the patient, nor shall he continue treatment | 0014| beyond the point of reasonable benefit. | 0015| J. A person may submit a complaint regarding a | 0016| physical therapist, physical therapist assistant or other person | 0017| potentially in violation of the Physical Therapy Act. The board | 0018| shall keep all information relating to the receiving and | 0019| investigation of complaints filed against licensees confidential | 0020| until the information becomes public record according to the | 0021| Inspection of Public Records Act. | 0022| K. Each licensee shall display a copy of his license | 0023| and current renewal verification in a location accessible to | 0024| public view at his place of practice. | 0025| Section 32. [NEW MATERIAL] DISCIPLINARY ACTIONS-- | 0001| PENALTIES.-- | 0002| A. The board, upon satisfactory proof that any grounds | 0003| enumerated in Section 30 of this act have been violated, may take | 0004| the following disciplinary action singly or in combination: | 0005| (1) issue a letter of censure or reprimand; | 0006| (2) issue a restricted license, including | 0007| requiring the licensee to report regularly to the board on matters | 0008| related to the grounds for the restricted license; | 0009| (3) suspend a license for a period determined by | 0010| the board; | 0011| (4) revoke a license; | 0012| (5) refuse to issue or renew a license; | 0013| (6) impose fines in accordance with the Physical | 0014| Therapy Act; and | 0015| (7) accept a voluntary surrendering of a | 0016| license. | 0017| B. Disciplinary actions of the board shall be taken in | 0018| accordance with the Uniform Licensing Act. | 0019| C. The board may institute any legal proceedings | 0020| necessary to effect compliance with the Physical Therapy Act, | 0021| including: | 0022| (1) receiving and investigating complaints filed | 0023| against licensees; | 0024| (2) conducting an investigation at any time and | 0025| on its own initiative without receipt of a written complaint if | 0001| the board has reason to believe that there may be a violation of | 0002| the Physical Therapy Act; | 0003| (3) issuing subpoenas and compelling the | 0004| attendance of witnesses or the production of documents relative to | 0005| the case; and | 0006| (4) appointing hearing officers. Hearing | 0007| officers shall prepare and submit to the board findings of fact, | 0008| conclusions of law and an order that shall be reviewed and voted | 0009| upon by the board. | 0010| Section 33. [NEW MATERIAL] UNLAWFUL PRACTICE--CRIMINAL AND | 0011| CIVIL PENALTIES--INJUNCTIVE RELIEF.-- | 0012| A. A person who engages in an activity requiring a | 0013| license pursuant to the provisions of the Physical Therapy Act and | 0014| who fails to obtain the required license; who violates any | 0015| provision of the Physical Therapy Act; or who uses any word, title | 0016| or representation to induce the false belief that the person is | 0017| licensed to engage in the practice of physical therapy is guilty | 0018| of a misdemeanor and shall be punished by a fine of not more than | 0019| one thousand dollars ($1,000) or by imprisonment of not more than | 0020| one year, or both. | 0021| B. The board may apply for injunctive relief in any | 0022| court of competent jurisdiction to enjoin a person from committing | 0023| an act in violation of the Physical Therapy Act. Such injunction | 0024| proceedings shall be in addition to and not in lieu of penalties | 0025| and other remedies in the Physical Therapy Act. | 0001| C. The board may assess a civil penalty of up to one | 0002| thousand dollars ($1,000) for a first offense and up to five | 0003| thousand dollars ($5,000) for a second or subsequent offense | 0004| against a licensee who aids or abets an unlicensed person to | 0005| directly or indirectly evade the Physical Therapy Act or the | 0006| applicable licensing laws; or permits his license to be used by an | 0007| unlicensed person with the intent to evade the Physical Therapy | 0008| Act or the applicable licensing laws, pursuant to the notice of | 0009| hearing and appeal procedures pursuant to the Uniform Licensing | 0010| Act. The civil penalties provided in this subsection are in | 0011| addition to other disciplinary measures provided in the Physical | 0012| Therapy Act. Civil penalties shall be deposited with the state | 0013| treasurer to the credit of the current school fund. | 0014| Section 34. [NEW MATERIAL] TERMINATION OF AGENCY LIFE-- | 0015| DELAYED REPEAL.--The physical therapy board is terminated on July | 0016| 1, 2003 pursuant to the Sunset Act. The board shall continue to | 0017| operate according to the provisions of the Physical Therapy Act | 0018| until July 1, 2004. Effective July 1, 2004, the Physical Therapy | 0019| Act is repealed. | 0020| Section 35. TEMPORARY PROVISION--EXISTING REGULATIONS-- | 0021| LICENSURE UNDER PRIOR LAW.-- | 0022| A. Existing rules regarding physical therapy services | 0023| shall remain in effect until new rules are adopted pursuant to the | 0024| provisions of the Physical Therapy Act. | 0025| B. A person licensed to perform physical therapy | 0001| services pursuant to the provisions of prior law, whose license is | 0002| valid on July 1, 1997, is entitled to renew his license pursuant | 0003| to the provisions of the Physical Therapy Act. | 0004| Section 36. TEMPORARY PROVISIONS--TRANSFERS.-- | 0005| A. On the effective date of this act, all | 0006| appropriations, money and personal property of the board of | 0007| acupuncture and oriental medicine held by the state shall be | 0008| transferred to the board. All agreements and contractual | 0009| obligations of the regulation and licensing department pertaining | 0010| to the board of acupuncture and oriental medicine shall be binding | 0011| on the board. | 0012| B. On the effective date of this act, all | 0013| appropriations, money and personal property of the New Mexico | 0014| state board of public accountancy held by the state shall be | 0015| transferred to the board. All agreements and contractual | 0016| obligations of the regulation and licensing department pertaining | 0017| to the New Mexico state board of public accountancy shall be | 0018| binding on the board. | 0019| C. On the effective date of this act, all | 0020| appropriations, money and personal property of the physical | 0021| therapists' licensing board held by the state shall be transferred | 0022| to the physical therapy board. All agreements and contractual | 0023| obligations of the regulation and licensing department pertaining | 0024| to the physical therapists' licensing board shall be binding on | 0025| the physical therapy board. | 0001| Section 37. TEMPORARY PROVISION--VOID EXECUTIVE ORDER.--Any | 0002| executive order issued pursuant to Laws 1983, Chapter 297, Section | 0003| 30 is void as it relates to consolidation of the New Mexico state | 0004| board of public accountancy, the physical therapists' licensing | 0005| board or its successor or the board of acupuncture and oriental | 0006| medicine in the regulation and licensing department. | 0007| Section 38. REPEAL.--Sections 61-12-1 through 61-12-21 NMSA | 0008| 1978 (being Laws 1953, Chapter 136, Section 1, Laws 1979, Chapter | 0009| 369, Sections 2 and 3, Laws 1953, Chapter 136, Sections 3 through | 0010| 11, Laws 1979, Chapter 369, Section 9, Laws 1953, Chapter 136, | 0011| Sections 13 through 15, Laws 1974, Chapter 78, Section 18, Laws | 0012| 1953, Chapter 136, Sections 16 and 17, Laws 1978, Chapter 116, | 0013| Section 1, Laws 1953, Chapter 136, Sections 19 and 20 and Laws | 0014| 1979, Chapter 369, Section 12, as amended) are repealed. | 0015| Section 39. EFFECTIVE DATE.--The effective date of the | 0016| provisions of this act is July 1, 1997. | 0017|  |