HOUSE BILL 83
56th legislature - STATE OF NEW MEXICO - first session, 2023
RELATING TO LICENSURE; AMENDING THE PODIATRY ACT; CHANGING RECIPROCITY REQUIREMENTS; REQUIRING LICENSURE RENEWAL AFTER TWO YEARS; REMOVING THE TAXATION REGISTRATION NUMBER REQUIREMENT AS A CONDITION OF RENEWAL; ADDING A CIRCUMSTANCE FOR POSTGRADUATE EDUCATION WAIVER; PROVIDING A NEW SUNSET DATE FOR THE PODIATRY ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-8-9 NMSA 1978 (being Laws 1977, Chapter 221, Section 9, as amended) is amended to read:
"61-8-9. EXPEDITED LICENSURE BY RECIPROCITY.--
A. An applicant for expedited licensure by reciprocity shall meet the qualifications set forth in Section 61-8-8 NMSA 1978, shall file an application under oath on forms supplied by the board that conform to board rules on reciprocity and furnish proof satisfactory to the board of having been licensed by national examination in another licensing jurisdiction. In addition, each applicant for licensure by reciprocity shall [furnish the board]:
(1) furnish the board an affidavit from the applicant's state board showing a valid, unrestricted license and the fact that the applicant has been licensed to practice podiatry and has practiced podiatry for at least [five] three consecutive years immediately preceding the filing of the application for reciprocal licensure and is in good standing with the other licensing jurisdiction; and
(2) pay required fees.
B. The board shall, as soon as practicable but no later than thirty days after an out-of-state licensee files an application for licensure by reciprocity, process the application and issue the license in accordance with Section 61-1-31.1 NMSA 1978.
C. The board shall determine the states and territories of the United States and the District of Columbia from which it will not accept an applicant for expedited licensure and the foreign countries from which it will accept an applicant for expedited licensure. The board shall post the list of disapproved and approved licensing jurisdictions on its website. The list of disapproved licensing jurisdictions shall include the specific reasons for disapproval. The lists shall be reviewed annually to determine if amendments to the rule are warranted."
SECTION 2. Section 61-8-10 NMSA 1978 (being Laws 1977, Chapter 221, Section 10, as amended) is amended to read:
"61-8-10. LICENSE FEES--LICENSURE UNDER PRIOR LAW--RENEWAL.--
A. Except as provided in Section 61-1-34 NMSA 1978, an applicant for licensure as a podiatrist shall pay the following fees:
(1) for licensure by examination:
(a) an examination fee equal to the cost of purchasing the examination, plus an administration fee not to exceed fifty percent of the examination fee; and
(b) an application fee not to exceed [five hundred dollars ($500)] six hundred dollars ($600);
(2) for licensure on the basis of reciprocity, a fee set by the board in an amount not to exceed six hundred dollars ($600);
(3) for the [annual] biennial renewal of license on or before January 1 of [each] the renewal year, a renewal fee set by the board in an amount not to exceed [three hundred dollars ($300)] six hundred dollars ($600);
(4) for the late renewal after January 1 [of each year] for the ensuing two years, a late charge not to exceed fifty dollars ($50.00) per month or part thereof commencing on January 2;
(5) in addition to the renewal fees and late charges, the applicant for the renewal of a license shall pay a reinstatement fee not to exceed two hundred fifty dollars ($250) for the first twelve months of delinquency and a reinstatement fee of five hundred dollars ($500) for a license that has lapsed more than one year but not more than three years; and
(6) for the issuance of a temporary license, a fee not to exceed one hundred dollars ($100).
B. If any licensee permits the licensee's license to lapse for a period of three full years, the license shall automatically be canceled and shall not be reinstated.
C. The provisions of Paragraphs (3), (4) and (5) of Subsection A of this section shall not apply to licensees who practice in the service of the United States whose licenses shall be renewed upon application for renewal within three months after the termination of service.
D. Current renewal certificates issued by the board shall be displayed in the office of the licensee, and, in the case of the suspension or revocation of a license, no portion of a fee or penalty shall be returned."
SECTION 3. Section 61-8-10.1 NMSA 1978 (being Laws 1989, Chapter 185, Section 2, as amended) is amended to read:
"61-8-10.1. LICENSE RENEWAL--CONTINUING EDUCATION--PENALTY FOR FAILURE TO RENEW.--
A. All licensees shall renew their licenses on or before January 1 of [each year] every second year. Upon application for renewal, each licensee shall furnish evidence that [he holds a registration number with the taxation and revenue department and] the licensee has completed continuing education requirements as set forth in Subsection B of this section.
B. As a condition of renewal, all applicants shall furnish the board with evidence of completion of postgraduate study as required by board rule. Postgraduate study may be obtained from a college of podiatric medicine accredited by the American podiatry association, one of its constituent societies or affiliate organizations or other [such] courses approved by the board. This requirement may only be waived for reasons of prolonged illness or other incapacity or during a public health emergency.
C. The board may summarily suspend the license of [any] a podiatrist who fails to renew [his] the podiatrist's license or submit proof of completion of continuing education requirements within sixty days of January 1 as provided in Subsection A of this section. The board may reinstate licenses suspended upon payment of all applicable late fees, delinquent renewal fees and reinstatement fees."
SECTION 4. Section 61-8-17 NMSA 1978 (being Laws 1979, Chapter 385, Section 2, as amended) is amended to read:
"61-8-17. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The board of podiatry is terminated on July 1,  2027 pursuant to the Sunset Act. The board shall continue to operate according to the provisions of the Podiatry Act until July 1,  2028. Effective July 1,  2028, the Podiatry Act is repealed."
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