0001| HOUSE BILL 360
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| DANNY CARPENTER
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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; AMENDING THE PODIATRY ACT; AMENDING,
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0012| REPEALING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN
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0013| APPROPRIATION.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 61-8-1 NMSA 1978 (being Laws 1977,
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0017| Chapter 221, Section 1) is amended to read:
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0018| "61-8-1. SHORT TITLE.--[This act] Chapter 61, Article
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0019| 8 NMSA 1978 may be cited as the "Podiatry Act"."
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0020| Section 2. Section 61-8-2 NMSA 1978 (being Laws 1977,
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0021| Chapter 221, Section 2) is amended to read:
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0022| "61-8-2. DEFINITIONS.--As used in the Podiatry Act:
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0023| A. "board" means the board of podiatry;
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0024| B. "foot and ankle radiation technologist" means
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0025| a person who takes x-rays of the foot and ankle under the
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0001| supervision of a podiatrist; and
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0002| [B.] C. "practice of podiatry" means engaging
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0003| in that primary health care profession, the members of which
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0004| examine, diagnose, treat and prevent by medical, surgical and
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0005| [mechanical] biomechanical means ailments affecting the
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0006| human foot and ankle and the structures governing their
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0007| functions, but does not include amputation of the foot or the
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0008| personal administration of a general anesthetic. A
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0009| podiatrist, [under] pursuant to the laws of this state, is
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0010| defined as a [foot or podiatric] physician [and
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C. "podiatry" and "podiatrist" are synonymous with
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the words "chiropody" and "chiropodist"] and surgeon within
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0013| the scope of his license."
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0014| Section 3. Section 61-8-3 NMSA 1978 (being Laws 1977,
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0015| Chapter 221, Section 3) is amended to read:
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0016| "61-8-3. LICENSE REQUIRED.--Unless licensed as a
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0017| podiatrist [under] pursuant to the provisions of the
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0018| Podiatry Act or exempted from that act pursuant to Section
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0019| 61-8-4 NMSA 1978, no person shall practice podiatry."
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0020| Section 4. Section 61-8-4 NMSA 1978 (being Laws 1977,
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0021| Chapter 221, Section 4) is amended to read:
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0022| "61-8-4. PERSONS EXEMPTED.--The Podiatry Act shall not
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0023| apply to:
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0024| A. gratuitous services rendered in cases of
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0025| emergency;
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0001| B. the domestic administration of family remedies
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0002| not involving remuneration;
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0003| C. medical officers of the United States service
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0004| in the actual performance of their official duties [nor
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shall]. The provisions of the Podiatry Act [shall not] be
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0006| so construed as to be in conflict with existing laws
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0007| regulating the practice of the healing arts in this state;
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0008| [D. visiting podiatrists called into this state
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for consultation from another state, provided that such person
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is duly licensed and qualified in the state of his residence;
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such visitations, however, shall be limited in duration if, in
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the opinion of the board, such person is actually engaging in
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the practice of podiatry in this state; and]
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0014| D. a podiatrist duly licensed in another state
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0015| who, on a temporary basis, consults, advises or cooperates in
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0016| patient treatment with a podiatrist licensed in New Mexico,
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0017| subject to rules adopted and promulgated by the board; and
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0018| E. the fitting, recommending or sale of corrective
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0019| shoes, arch supports or similar mechanical devices by retail
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0020| dealers or manufacturers, provided that the representatives,
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0021| agents or employees of such dealers or manufacturers do not
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0022| diagnose, treat or prescribe mechanically or otherwise for any
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0023| ailment, disease or deformity of the foot or leg."
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0024| Section 5. Section 61-8-5 NMSA 1978 (being Laws 1977,
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0025| Chapter 221, Section 5, as amended) is amended to read:
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0001| "61-8-5. BOARD CREATED--MEMBERS--QUALIFICATIONS--TERMS--
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0002| VACANCIES--REMOVAL.--
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0003| A. There is created a "board of podiatry". The
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0004| board shall consist of five members, three of whom shall be
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0005| podiatrists licensed to practice in New Mexico who have been
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0006| [members of the New Mexico podiatry society and] actively
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0007| engaged in the practice of podiatry for at least three
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0008| consecutive years immediately prior to their appointments and
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0009| two members who shall represent the public and who shall not
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0010| have been licensed as podiatrists, nor shall the public
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0011| members have any significant financial interest, whether
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0012| direct or indirect, in the occupation regulated.
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0013| B. Members of the board required to be licensed
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0014| podiatrists shall be appointed by the governor [from a list
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of not more than five names for each vacancy submitted to him
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by the New Mexico podiatry society]. Board members shall be
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0017| appointed for staggered terms of five years each, made in such
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0018| a manner that the terms of not more than two board members end
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0019| on December 31 of each year commencing with 1978. Board
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0020| members shall serve until their successors have been appointed
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0021| and qualified. A vacancy shall be filled for the unexpired
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0022| term by appointment by the governor. All members of the state
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0023| board of podiatry in office on the effective date of the
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0024| Podiatry Act shall serve out their unexpired terms.
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0025| C. The governor may remove any member from the
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0001| board for neglect of any duty required by law, for
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0002| incompetence, for improper or unprofessional conduct as
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0003| defined by board [regulation] rule or for any reason which
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0004| would justify the suspension or revocation of his license to
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0005| practice podiatry.
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0006| D. No board member shall serve more than two
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0007| consecutive full terms, and any member failing to attend,
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0008| after proper notice, three consecutive meetings shall
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0009| automatically be removed as a board member unless excused for
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0010| reasons set forth in board [regulations] rules.
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0011| E. In the event of a vacancy for any reason, the
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0012| secretary of the board shall immediately notify the governor
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0013| and the board members [and the New Mexico podiatry
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society] of the vacancy, the reason for its occurrence and
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0015| the action taken by the board, so as to expedite the
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0016| appointment of a new board member."
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0017| Section 6. Section 61-8-6 NMSA 1978 (being Laws 1977,
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0018| Chapter 221, Section 6) is amended to read:
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0019| "61-8-6. BOARD ORGANIZATION--MEETINGS--COMPENSATION--
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0020| POWERS AND DUTIES.--
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0021| A. The board shall [meet] hold a regular
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0022| meeting at least annually [in the month of June or July]
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0023| and shall elect annually a chairman, vice chairman and [a]
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0024| secretary-treasurer from [their] its membership, each of
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0025| whom shall serve until his successor is selected and
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0001| qualified.
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0002| B. The board shall hold a minimum of one
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0003| examination for licensure each year in the month of June or
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0004| July at [such] a place and at [such] a time [as]
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0005| designated by the board [may designate]. Notice of
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0006| [such] the examination shall be given to all applicants at
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0007| least thirty days prior to the date of [such] the
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0008| examination. [The board shall adopt and file in accordance
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with the State Rules Act such regulations as it deems
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necessary to properly conduct its examinations and meetings.]
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0011| C. Special meetings may be called by the chairman
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0012| and shall be called upon the written request of any three
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0013| board members. Notice of all [regular] meetings shall be
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0014| made [by regular mail at least ten days prior to such
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meeting, and notification of special meetings shall be made by
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certified mail unless such notice is waived by the entire
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board and the action noted in the minutes] in conformance
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0018| with the Open Meetings Act.
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0019| D. Members of the board may be reimbursed as
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0020| provided in the Per Diem and Mileage Act, but shall receive no
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0021| other compensation, perquisite or allowance [except that the
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secretary-treasurer may receive an additional honorarium in an
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amount determined by the board].
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0024| E. The board shall:
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0025| (1) administer and enforce the provisions of
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0001| the Podiatry Act;
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0002| (2) adopt, publish and file, in accordance
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0003| with the Uniform Licensing Act and the State Rules Act, all
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0004| rules [and regulations] for the implementation and
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0005| enforcement of the provisions of the Podiatry Act;
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0006| (3) adopt and use a seal;
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0007| (4) conduct hearings, administer oaths and
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0008| take testimony on any matters within the board's jurisdiction;
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0009| (5) keep an accurate record of all its
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0010| meetings, receipts and disbursements;
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0011| (6) keep a record of all licensure
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0012| examinations held, together with the names and addresses of
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0013| all persons taking [such] the examinations and the
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0014| examination results [and]. Within forty-five days after any
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0015| examination, the board shall give written notice to each
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0016| applicant examined of the results of the examination as to the
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0017| respective applicant;
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0018| (7) certify as passing each applicant who
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0019| obtains a [grade of at least sixty percent on each subject
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upon which he is examined and an overall grade of seventy-five
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percent] passing score on examinations administered or
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0022| approved by the board;
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0023| (8) keep [a book] records of registration
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0024| in which the name, address and license number of all licensed
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0025| podiatrists [shall be] are recorded, together with a
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0001| record of all license renewals, suspensions and revocations;
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0002| (9) grant, deny, renew, suspend or revoke
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0003| licenses to practice podiatry or take other actions provided
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0004| in Section 61-1-3 NMSA 1978 in accordance with the provisions
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0005| of the Uniform Licensing Act for any cause stated in the
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0006| Podiatry Act;
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0007| (10) adopt [regulations] and promulgate
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0008| rules setting standards of preliminary and professional
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0009| qualifications for the practice of podiatry;
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0010| [(11) investigate, review and accredit any
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school or college of podiatric medicine requesting
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accreditation and meeting standards set by the board. Such
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standards shall provide that accreditation of a school or
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college of podiatric medicine by the council on podiatry
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education of the American podiatry association is a
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prerequisite to accreditation by the board;
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(12)] (11) adopt [such regulations] and
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0018| promulgate rules and prepare and administer [such]
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0019| examinations for the licensure and regulation of podiatric
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0020| [hygienists] assistants as are necessary to protect the
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0021| public. The [regulations] rules shall include definitions
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0022| and limitations on the practice of podiatric [hygienists]
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0023| assistants; qualifications for applicants for licensure;
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0024| [a] an initial license fee in an amount not to exceed
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0025| [ten dollars ($10.00)] two hundred fifty dollars ($250);
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0001| and a renewal fee not to exceed one hundred dollars ($100)
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0002| per year; provisions for the regulation of podiatric
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0003| [hygienists] assistants and the suspension or revocation
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0004| of licenses. The qualifications for an applicant for
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0005| licensure shall [require that the applicant has successfully
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completed at least one year of academic education in an
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institution accredited by the council on podiatry education of
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the American podiatry association or holds a current license
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as a registered nurse or a licensed practical nurse; and] be
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0010| determined by rule of the board; (12) adopt
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0011| rules and prepare and administer examinations for licensure of
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0012| foot and ankle radiation technologists; and
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0013| (13) have the power to employ agents or
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0014| attorneys."
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0015| Section 7. Section 61-8-7 NMSA 1978 (being Laws 1977,
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0016| Chapter 221, Section 7) is amended to read:
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0017| "61-8-7. DISPOSITION OF FUNDS--PODIATRY FUND CREATED--
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0018| METHOD OF PAYMENTS--BONDS.--
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0019| A. There is created the "podiatry fund".
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0020| B. All funds received by the board and money
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0021| collected under the Podiatry Act shall be deposited with the
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0022| state treasurer, who shall place the same to the credit of the
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0023| podiatry fund.
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0024| C. All payments out of the podiatry fund shall be
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0025| made on vouchers issued and signed by the secretary-treasurer
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0001| of the board upon warrants drawn by the [department]
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0002| secretary of finance and administration in accordance with
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0003| the budget approved by [the state budget division of] that
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0004| department.
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0005| D. All amounts in the podiatry fund shall be
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0006| subject to the order of the board and shall be used only for
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0007| the purpose of meeting the necessary expenses incurred in:
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0008| (1) the performance of the provisions of the
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0009| Podiatry Act and the powers and duties imposed [thereby] by
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0010| that act; and
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0011| (2) the promotion of education and standards
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0012| of practice in the field of podiatry in New Mexico within the
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0013| budgetary limits.
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0014| E. All [funds which may have] money that has
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0015| accumulated to the credit of the board under any previous law
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0016| shall be transferred to the podiatry fund and shall continue
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0017| to be available for use by the board in accordance with the
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0018| provisions of the Podiatry Act. Balances at the end of the
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0019| fiscal year shall not revert, but shall remain in the podiatry
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0020| fund for use in accordance with the provisions of the Podiatry
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0021| Act.
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0022| [F. The secretary-treasurer and any employee who
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handles money or who certifies the receipt or disbursal of
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money received by the board shall, within thirty days after
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election or employment by the board, execute a bond in
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accordance with the provisions of the Surety Bond Act,
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conditioned on the faithful performance of the duties of the
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office or position and on an accounting of all funds coming
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into his hands.
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G. The secretary-treasurer shall make, at the end
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of each fiscal year, an itemized report to the governor of all
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receipts and disbursements of the board for that fiscal year,
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together with a report of the records and information required
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by the Podiatry Act. A copy of the annual report to the
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governor shall be presented to the board at its annual meeting
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in June or July.]"
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0012| Section 8. Section 61-8-8 NMSA 1978 (being Laws 1977,
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0013| Chapter 221, Section 8) is amended to read:
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0014| "61-8-8. QUALIFICATIONS FOR LICENSURE AS A PODIATRIST.--
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0015| A. Each applicant for licensure as a podiatrist
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0016| shall furnish evidence satisfactory to the board that the
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0017| applicant:
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0018| [A.] (1) has reached the age of majority;
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0019| [B.] (2) is of good moral character;
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0020| [and of temperate habits; and
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C.] (3) has graduated and been awarded a
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0022| doctor of podiatric medicine degree from a college of
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0023| podiatric medicine [approved and accredited by regulation of
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the board and in the event the applicant applies for licensure
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under the provisions for reciprocity, he shall have been
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awarded a doctor of podiatric medicine degree from a school or
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college of podiatric medicine approved and accredited by the
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board which had a minimum course of study of four academic
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years of instruction or its equivalent leading to such
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degree] accredited by the American podiatric medical
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0006| association council on education; and
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0007| (4) has completed, at a minimum, a one-year
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0008| residency program at a hospital accredited by the American
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0009| podiatric medical association council on education.
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0010| B. Each applicant shall file his application under
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0011| oath on forms supplied by the board and shall pay the required
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0012| fees.
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0013| C. An applicant for licensure by examination shall
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0014| submit evidence to the board that he has successfully passed
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0015| the examinations administered by the national board of
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0016| podiatry examiners for students graduating from colleges of
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0017| podiatry and shall furnish the board an official transcript
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0018| and take such clinical and written examinations as the board
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0019| deems necessary. The examinations shall be in English, and
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0020| the subjects covered by the examinations shall be determined
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0021| by the board and taken from subjects taught in accredited
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0022| colleges of podiatric medicine. No applicant for licensure by
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0023| examination shall be licensed who has not received a passing
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0024| score on all board-approved or board-administered
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0025| examinations."
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0001| Section 9. Section 61-8-9 NMSA 1978 (being Laws 1977,
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0002| Chapter 221, Section 9) is amended to read:
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0003| "61-8-9. LICENSURE BY [EXAMINATION--LICENSURE BY]
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0004| RECIPROCITY.--
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0005| [A. An applicant for licensure by examination
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shall meet the qualifications set forth in Section 67-6-8 NMSA
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1953, shall submit evidence to the board that he has
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successfully passed the examinations administered by the
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national board of podiatry examiners and furnish the board
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with an official transcript thereof, shall file his
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application under oath on forms supplied by the board and
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shall take such oral, clinical and written examinations as the
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board deems necessary. The examinations shall be in the
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English language, and the subjects covered by the examinations
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shall be determined by the board and taken from subjects
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taught in accredited colleges of podiatric medicine. The
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minimum requirements for licensing qualified applicants shall
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be an overall grade average of seventy-five percent and a
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grade of not less than sixty percent in any one subject.
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B.] An applicant for licensure by reciprocity
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0021| shall meet the qualifications set forth in Section [67-6-8
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NMSA 1953] 61-8-8 NMSA 1978, shall file his application
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0023| under oath on forms supplied by the board [which] that
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0024| conform to board [regulations] rules on reciprocity, shall
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0025| furnish proof satisfactory to the board of his having been
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0001| licensed by examination in another state [which] that had
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0002| qualifications equal to or exceeding those [required in]
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0003| of this state on the date of his original licensure and
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0004| shall satisfy the board that he holds the degree of doctor of
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0005| podiatric medicine from a college of podiatric medicine
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0006| [approved by the board] accredited by the American
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0007| podiatric medical association council on education. In
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0008| addition, each applicant for registration [under] pursuant
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0009| to the provisions for [reciprocal] licensure by
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reciprocity shall furnish the board an affidavit from his
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state board showing current registration and the fact that he
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has been licensed to practice podiatry and that he has
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practiced podiatry for at least five consecutive years
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immediately preceding the filing of his application for
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reciprocal privilege. The applicant shall [further furnish an
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endorsement from his state podiatry association or society
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that the applicant has been a member in good standing of such
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state organization and also of the American podiatry
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association for at least three years immediately preceding the
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filing of his application, and the applicant shall] also take
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0021| and pass [such oral and clinical] those supplemental
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0022| examinations as the board deems necessary [The provisions of
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this paragraph shall be acceptable by the board in lieu of the
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written portion of the examination.
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C. All applicants successfully passing the
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examinations shall be issued a license by the board upon the
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payment of the appropriate fee.
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D. The board shall adopt such regulations as it
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deems necessary to conduct oral, clinical and written
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examinations and shall provide the necessary books, blanks and
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forms for the conduct of such examinations] if required by
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0007| board rule."
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0008| Section 10. Section 61-8-10 NMSA 1978 (being Laws 1977,
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0009| Chapter 221, Section 10, as amended) is amended to read:
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0010| "61-8-10. LICENSE FEES--LICENSURE UNDER PRIOR LAW--
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0011| RENEWAL.--
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0012| A. [Applicants] An applicant for licensure as
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0013| a podiatrist shall pay the following fees:
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0014| (1) for licensure by [oral, clinical and
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such written] examination [as the board deems necessary, a
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fee set by the board in an amount]:
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0017| (a) an examination fee equal to the
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0018| cost of purchasing the examination, plus an administration fee
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0019| not to exceed fifty percent of the examination fee; and
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0020| (b) an application fee not to exceed
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0021| five hundred dollars ($500);
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0022| (2) for licensure on the basis of
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0023| reciprocity, a fee set by the board in an amount not to exceed
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0024| [five hundred dollars ($500)] six hundred dollars ($600);
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[(3) for the issuance of a certificate of
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license, a fee set by the board in an amount not to exceed
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twenty-five dollars ($25.00);
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(4)] (3) for the annual renewal of license
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0004| on or before January 1 of each year, a renewal fee set by the
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0005| board in an amount not to exceed [two hundred dollars
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($200)] three hundred dollars ($300);
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0007| [(5)] (4) for the late renewal after
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0008| January 1 of each year, a late charge not to exceed fifty
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0009| dollars ($50.00) per month or part thereof commencing on
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0010| January 2;
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0011| [(6)] (5) in addition to the renewal fees
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0012| and late charges, the applicant for the renewal of a license
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0013| shall pay a reinstatement fee not to exceed two hundred fifty
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0014| dollars ($250) for the first twelve months of delinquency and
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0015| a reinstatement fee of five hundred dollars ($500) for a
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0016| license that has lapsed more than one year but not more than
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0017| three years; and
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0018| [(7)] (6) for the issuance of a temporary
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0019| license, a fee not to exceed one hundred dollars ($100).
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0020| B. If any licensee permits his license to lapse
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0021| for a period of three full years, the license shall
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0022| automatically be canceled and shall not be reinstated.
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0023| C. The provisions of Paragraphs [(4), (5) and
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(6)] (3), (4) and (5) of Subsection A of this section shall
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0025| not apply to licensees who practice in the service of the
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0001| United States whose licenses shall be renewed upon application
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0002| for such renewal within three months after the termination of
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0003| such service.
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0004| D. Current renewal certificates issued by the
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0005| board shall be displayed in the office of the licensee, and,
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0006| in the case of the suspension or revocation of a license, no
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0007| portion of a fee or penalty shall be returned.
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0008| E. Any person licensed as a podiatrist under the
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0009| provisions of any prior laws of New Mexico, whose license is
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0010| valid on the effective date of the Podiatry Act, shall be held
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0011| to be licensed under the provisions of the Podiatry Act and
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0012| shall be entitled to the [biennial] renewal of his current
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0013| license [as provided in that law]."
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0014| Section 11. Section 61-8-10.1 NMSA 1978 (being Laws
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0015| 1989, Chapter 185, Section 2) is amended to read:
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0016| "61-8-10.1. LICENSE RENEWAL--CONTINUING EDUCATION--
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0017| PENALTY FOR FAILURE TO RENEW.--
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0018| A. All licensees shall renew their licenses on or
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0019| before January 1 of each year. Upon application for renewal,
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0020| each licensee shall furnish evidence that he holds a
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0021| registration number with the taxation and revenue department
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0022| and has completed continuing education requirements as set
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0023| forth in Subsection B of this section.
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0024| B. As a condition of renewal, all applicants
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0025| [must] shall furnish the board with evidence of completion
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0001| of post-graduate study as required by board [regulation]
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0002| rule. Post-graduate study may be obtained from a college of
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0003| podiatric medicine accredited by the American podiatry
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0004| association, one of its constituent societies or affiliate
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0005| organizations or other such courses approved by the board.
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0006| This requirement may only be waived for reasons of prolonged
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0007| illness or other incapacity.
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0008| C. The board may summarily suspend the license of
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0009| any podiatrist who fails to renew his license or submit proof
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0010| of completion of continuing education requirements within
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0011| sixty days of January 1 as provided in Subsection A of this
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0012| section. The board may reinstate licenses suspended upon
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0013| payment of all applicable late fees, delinquent renewal fees
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0014| and reinstatement fees."
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0015| Section 12. Section 61-8-11 NMSA 1978 (being Laws 1977,
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0016| Chapter 221, Section 11) is amended to read:
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0017| "61-8-11. SUSPENSION, REVOCATION OR REFUSAL OF
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0018| LICENSE.--The board may refuse to issue or may suspend or
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0019| revoke any license [or take other action specified in Section
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61-1-3 NMSA 1978] in accordance with the provisions of the
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0021| Uniform Licensing Act for any one or more of the following
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0022| reasons:
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0023| A. making a false statement in any [affidavit
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required for] part of an application for licensure,
|
0025| examination or registration [under] pursuant to the
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0001| provisions of the Podiatry Act;
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0002| B. conviction of a crime involving moral
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0003| turpitude, as shown by a certified copy of the record of the
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0004| court of conviction;
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0005| C. the habitual indulgence in the use of
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0006| narcotics, [ardent spirits, stimulants] alcohol or other
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0007| substances [which] that impair intellect and judgment to
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0008| an extent as will, in the opinion of the board, incapacitate a
|
0009| podiatrist from the proper performance of his professional
|
0010| duties;
|
0011| D. lending the use of one's name to an unlicensed
|
0012| podiatrist;
|
0013| E. selling, giving or prescribing any compound or
|
0014| substance containing narcotic drugs or other controlled
|
0015| substances for illegal purposes;
|
0016| F. the willful [betrayal of a professional
|
confidence] violation of a patient's right to
|
0018| confidentiality;
|
0019| [G. soliciting the public in any manner
|
prohibited by the Podiatry Act;
|
H. use of advertising in any manner, except as
|
permitted by Subsection B of Section 67-6-13 NMSA 1953;
|
I.] G. gross malpractice or incompetency as
|
0024| defined by board [regulation] rule; or
|
0025| [J.] H. any dishonest or unprofessional
|
- 19 -
0001| conduct defined by [regulation of the board] the Podiatry
|
0002| Act or rules adopted pursuant to that act."
|
0003| Section 13. Section 61-8-12 NMSA 1978 (being Laws 1977,
|
0004| Chapter 221, Section 12) is amended to read:
|
0005| "61-8-12. OFFENSES--PENALTIES.--Each of the following
|
0006| acts committed by any person constitutes a misdemeanor
|
0007| punishable upon conviction by a fine of not less than one
|
0008| hundred dollars ($100) [nor] or more than [two hundred
|
dollars ($200)] ten thousand dollars ($10,000) or by
|
0010| imprisonment not to exceed one year, or both:
|
0011| A. practicing or attempting to practice podiatry
|
0012| without a current valid license issued by the board;
|
0013| B. obtaining registration under the Podiatry Act
|
0014| by false or untrue statements to the board or by presenting a
|
0015| fraudulent diploma or license to the board;
|
0016| C. swearing falsely or giving a false affidavit in
|
0017| any proceeding before the board;
|
0018| D. advertising or using any designation, diploma
|
0019| or certificate tending to imply that one is a practitioner of
|
0020| podiatry, including the use of the words "chiropodist",
|
0021| "podiatrist", "M.Cp.", "D.S.C.", "D.P.M.", "foot specialist",
|
0022| "foot correctionist", "foot culturist", "foot practipedist",
|
0023| "foot [treatments] doctor" or words of similar import,
|
0024| unless one holds a license or is exempted under the provisions
|
0025| of the Podiatry Act; or
|
- 20 -
0001| E. practicing podiatry during any period of time
|
0002| in which one's license has been revoked or suspended as
|
0003| provided in the Podiatry Act."
|
0004| Section 14. Section 61-8-13 NMSA 1978 (being Laws 1977,
|
0005| Chapter 221, Section 13) is amended to read:
|
0006| "61-8-13. UNPROFESSIONAL CONDUCT--EXCEPTIONS.--
|
0007| A. [It shall be considered] Unprofessional
|
0008| conduct [under] pursuant to Subsection [J] H of
|
0009| Section [67-6-11 NMSA 1953] 61-8-11 NMSA 1978 for any
|
0010| podiatrist licensed under the Podiatry Act [to:
|
(1) employ agents or procurers to secure
|
patients or solicit patients from the public;
|
(2) advertise in newspapers, periodicals,
|
telephone directories, streetcars or buses, motion picture
|
theaters, circulars, booklets or on radio or television;
|
(3) contrive to obtain newspaper, magazine,
|
radio or television comment in cases where the podiatrist is
|
involved;
|
(4) boast of, claim or promise any radical or
|
secret cures, treatments or remedies;
|
(5) advertise his professional capacity as a
|
podiatrist or doctor in any shoe store or in or on any sign
|
relating to footwear;
|
(6) use a fictitious name or designation to
|
represent himself as a podiatrist or as a group or association
|
- 21 -
of podiatrists except that of a professional corporation
|
organized under the laws of New Mexico or a registered
|
partnership registered with the state of New Mexico. Any
|
licensed podiatrist using a fictitious name for three years or
|
more prior to the passage of the Podiatry Act may continue to
|
conduct business under such name; or
|
(7) practice podiatry in conjunction with any
|
barber-shop, beauty parlor, bath house, shoe store, department
|
store or any similar business] includes using any false or
|
0010| misleading advertising or making any false or misleading
|
0011| statement in communications with patients or potential
|
0012| patients or using any misleading or deceptive title or
|
0013| designation in a name or title of a podiatric practice.
|
0014| B. Nothing in Subsection A of this section shall
|
0015| be construed to prohibit the following acts:
|
0016| (1) publishing in type of ordinary size and
|
0017| style, as opposed to bold or display type, the name, location,
|
0018| office hours and telephone number of any licensed practicing
|
0019| podiatrist in any telephone directory;
|
0020| (2) publishing for a period of not more than
|
0021| ten consecutive days an announcement that the practitioner is
|
0022| opening a new office or practice, providing that [such]
|
0023| the announcement shall be published within thirty days after
|
0024| the opening and shall state only the practitioner's name,
|
0025| location, office hours, telephone number, [his] occupation
|
- 22 -
0001| and the fact of the opening and shall be of a size not to
|
0002| exceed two inches in length and four inches in width and of a
|
0003| type size not heavier nor larger than twelve point gothic with
|
0004| a border not larger than four points;
|
0005| (3) mailing one notice of the opening of a
|
0006| new practice or a notice of the assumption of an established
|
0007| practice consisting of a printed announcement which shall be
|
0008| in an envelope and shall state only the practitioner's name,
|
0009| location, telephone number, office hours and the designation
|
0010| "podiatrist", "foot specialist" or "practice limited to care
|
0011| of feet" and the usual language announcing the opening of an
|
0012| office;
|
0013| (4) maintaining exterior signs about the
|
0014| office of the practitioner, in keeping with the medical and
|
0015| dental community, giving his name, address and occupation.
|
0016| The letters shall be no larger than six inches in height, but
|
0017| neon lights, flashing lights or similar devices shall not be
|
0018| used; and
|
0019| (5) conducting, in conjunction with a
|
0020| majority of the practicing podiatrists of the state or of a
|
0021| given city, a public educational program or informational
|
0022| campaign [provided that such program or campaign is approved
|
and endorsed by the state society and done in the name of the
|
society]."
|
0025| Section 15. Section 61-8-14 NMSA 1978 (being Laws 1977,
|
- 23 -
0001| Chapter 221, Section 14) is amended to read:
|
0002| "61-8-14. LIMITATION ON LICENSURE--TEMPORARY LICENSE.--
|
0003| A. No license to practice podiatry shall be issued
|
0004| to a corporation, partnership or association; provided,
|
0005| however, that this subsection shall not prohibit licensed
|
0006| podiatrists from associating themselves as otherwise allowed
|
0007| by law in a professional corporation, professional limited
|
0008| liability company, partnership or association for the purpose
|
0009| of practicing podiatry.
|
0010| B. In cases of emergency, the board may grant a
|
0011| temporary license to practice podiatry to persons meeting the
|
0012| requirements of Section [67-6-8 NMSA 1953] 61-8-8 NMSA
|
0013| 1978, which license shall expire on the date of the next
|
0014| [state] board meeting at which licenses by examination
|
0015| [for licensure] are approved. No person may be issued
|
0016| more than one [temporary] emergency license.
|
0017| C. To facilitate educational programs, the board
|
0018| may grant temporary licenses to podiatrists participating in
|
0019| such programs under terms and conditions established by rule
|
0020| of the board."
|
0021| Section 16. Section 61-8-15 NMSA 1978 (being Laws 1977,
|
0022| Chapter 221, Section 15) is repealed and a new Section 61-8-15
|
0023| NMSA 1978 is enacted to read:
|
0024| "61-8-15. [NEW MATERIAL] PRIVILEGED COMMUNICATIONS.--
|
0025| Medical and other health care-related information concerning a
|
- 24 -
0001| patient obtained by a podiatrist or by an employee of a
|
0002| podiatrist during the course of examination, diagnosis or
|
0003| treatment; and advice, diagnosis, orders, prescriptions and
|
0004| other health care-related communications from a podiatrist or
|
0005| an employee of a podiatrist are confidential communications
|
0006| protected in courts of law and administrative proceedings by
|
0007| the physician-patient privilege."
|
0008| Section 17. Section 61-8-16 NMSA 1978 (being Laws 1977,
|
0009| Chapter 221, Section 16) is amended to read:
|
0010| "61-8-16. POWER TO ENJOIN VIOLATIONS.--Upon [conviction
|
of any] final determination that a person [for violation
|
of any] has violated a provision of the Podiatry Act, the
|
0013| board or any interested person may, in addition to [the
|
penalty [herein] other remedies provided in that act,
|
0015| petition the district court for an order restraining and
|
0016| enjoining such person from further or continued violation of
|
0017| the Podiatry Act [and the order may be enforced by contempt
|
proceedings]."
|
0019| Section 18. EFFECTIVE DATE.--The effective date of the
|
0020| provisions of this act is July 1, 1998.
|
0021|
|