0001| HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR
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0002| HOUSE BILL 1160
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0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0004|
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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|
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0011| AN ACT
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0012| RELATING TO LICENSURE; ELIMINATING STATE CONTROL OVER THE NEW
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0013| MEXICO STATE BOARD OF PUBLIC ACCOUNTANCY, THE PHYSICAL THERAPY
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0014| BOARD AND THE BOARD OF ACUPUNCTURE AND ORIENTAL MEDICINE AS A
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0015| PILOT PROJECT; MAKING EXCEPTIONS TO STATE LAWS PERTAINING TO
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0016| STATE MONEY, PERSONNEL, RETIREMENT, TORT CLAIMS AND ATTORNEY
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0017| GENERAL AND STATE AUDITOR SERVICES; EXEMPTING THOSE BOARDS AND
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0018| THEIR EMPLOYEES FROM CERTAIN STATE LAWS AND COVERING THEM UNDER
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0019| OTHERS; EXTENDING SUNSET DATES; PROVIDING FOR TRANSFERS OF
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0020| MONEY, APPROPRIATIONS AND OTHER PERSONAL PROPERTY OF THOSE
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0021| BOARDS; REPEALING THE PHYSICAL THERAPIST ACT; ENACTING THE
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0022| PHYSICAL THERAPY ACT; AMENDING, REPEALING AND ENACTING SECTIONS
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0023| OF THE NMSA 1978.
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0024|
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0025| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0001| Section 1. Section 61-14A-1 NMSA 1978 (being Laws 1993,
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0002| Chapter 158, Section 9) is amended to read:
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0003| "61-14A-1. SHORT TITLE.--[Sections 61-14A-1 through
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0004| 61-14A-21] Chapter 61, Article 14A NMSA 1978 may be cited as
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0005| the "Acupuncture and Oriental Medicine Practice Act"."
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0006| Section 2. Section 61-14A-3 NMSA 1978 (being Laws 1993,
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0007| Chapter 158, Section 11) is amended to read:
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0008| "61-14A-3. DEFINITIONS.--As used in the Acupuncture and
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0009| Oriental Medicine Practice Act:
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0010| A. "acupuncture" means the use of needles inserted
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0011| into the human body and the use of other modalities and
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0012| procedures at specific locations on the body for the
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0013| prevention, cure or correction of any disease, illness, injury,
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0014| pain or other condition by controlling and regulating the flow
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0015| and balance of energy and functioning of the person to restore
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0016| and maintain health;
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0017| B. "board" means the board of acupuncture and
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0018| oriental medicine;
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0019| [C. "department" means the regulation and licensing
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0020| department;
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0021| D.] C. "doctor of oriental medicine" means a
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0022| physician licensed to practice acupuncture and oriental
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0023| medicine and includes the terms "oriental medical physician",
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0024| "doctor of acupuncture", "acupuncture physician", "acupuncture
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0025| practitioner" and "acupuncturist";
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0001| [E.] D. "moxibustion" means the use of heat on or
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0002| above specific locations or on acupuncture needles at specific
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0003| locations on the body for the prevention, cure or correction of
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0004| any disease, illness, injury, pain or other condition;
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0005| [F.] E. "oriental medicine" means the distinct system
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0006| of primary health care that uses all allied techniques of oriental
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0007| medicine, both traditional and modern, to diagnose, treat and
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0008| prescribe, as defined in Subsection [G] F of this section, for the
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0009| prevention, cure or correction of any disease, illness, injury,
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0010| pain or other physical or mental condition by controlling and
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0011| regulating the flow and balance of energy and functioning of the
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0012| person to restore and maintain health; and
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0013| [G.] F. "techniques of oriental medicine" means the
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0014| diagnostic and treatment techniques utilized in oriental medicine
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0015| that include [but are not limited to] diagnostic procedures;
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0016| acupuncture; moxibustion; manual therapy, also known as tui na;
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0017| breathing and exercise techniques; dietary, nutritional and
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0018| lifestyle counseling; and the prescription or administration of
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0019| any herbal medicine, homeopathic medicine, vitamin, mineral,
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0020| enzyme or glandular or nutritional supplement."
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0021| Section 3. Section 61-14A-7 NMSA 1978 (being Laws 1993,
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0022| Chapter 158, Section 15) is amended to read:
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0023| "61-14A-7. BOARD CREATED--APPOINTMENT--OFFICERS--
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0024| COMPENSATION.--
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0025| A. There is created the "board of acupuncture and
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0001| oriental medicine".
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0002| [B. The board shall be administratively attached to
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0003| the department.
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0004| C.] B. The board shall consist of seven members
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0005| appointed by the governor for terms of three years each. Four
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0006| members of the board shall be doctors of oriental medicine who
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0007| have been licensed to practice acupuncture and oriental medicine
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0008| in New Mexico for at least five years and have practiced in New
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0009| Mexico for at least two years preceding the date of their
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0010| appointment. Three members shall be appointed to represent the
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0011| public and shall not have practiced acupuncture and oriental
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0012| medicine in this or any other jurisdiction or have any financial
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0013| interest in the profession regulated. No more than two board
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0014| members shall be:
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0015| (1) owners of institutes offering educational
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0016| programs in acupuncture and oriental medicine;
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0017| (2) faculty members at institutes offering
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0018| educational programs in acupuncture and oriental medicine;
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0019| (3) private tutors offering educational programs
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0020| in acupuncture and oriental medicine; or
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0021| (4) officers in a professional association of
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0022| acupuncture and oriental medicine.
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0023| [D.] C. Members of the board shall be appointed by the
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0024| governor for staggered terms of three years that shall be made in
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0025| such a manner that the terms of board members will expire on July
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0001| 1. When a board member's term has expired, he shall serve until
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0002| his successor has been appointed and qualified. Vacancies from an
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0003| unexpired term shall be filled for the remainder of the term in
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0004| the same manner as the original appointment.
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0005| [E.] D. No board member shall serve more than two
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0006| consecutive full terms, and any member failing to attend, after he
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0007| has received proper notice, three consecutive meetings shall be
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0008| recommended for removal as a board member unless excused for
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0009| reasons set forth by rule.
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0010| [F.] E. The board shall elect annually from its
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0011| membership a chairman and other officers as necessary to carry out
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0012| its duties.
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0013| [G.] F. The board shall meet at least once each year
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0014| and at other times deemed necessary. Other meetings may be called
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0015| by the chairman, a majority of board members or the governor. A
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0016| simple majority of the board members serving constitutes a quorum
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0017| of the board.
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0018| [H.] G. Members of the board shall [be reimbursed as
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0019| provided in the Per Diem and Mileage Act and shall receive no
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0020| other compensation, perquisite or allowance] serve without
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0021| compensation other than reasonable reimbursement for mileage and
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0022| per diem as determined by the board and paid from board funds."
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0023| Section 4. Section 61-14A-8 NMSA 1978 (being Laws 1993,
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0024| Chapter 158, Section 16) is amended to read:
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0025| "61-14A-8. BOARD--POWERS.--In addition to any other
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0001| authority provided by law, the board shall have the power to:
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0002| A. enforce the provisions of the Acupuncture and
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0003| Oriental Medicine Practice Act;
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0004| B. adopt, publish and file, in accordance with the
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0005| Uniform Licensing Act and the State Rules Act, all rules and
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0006| regulations necessary for the implementation and enforcement of
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0007| the provisions of the Acupuncture and Oriental Medicine Practice
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0008| Act;
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0009| C. adopt a code of ethics;
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0010| D. adopt and use a seal;
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0011| E. inspect institutes, tutorships and the offices of
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0012| licensees;
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0013| F. adopt rules implementing continuing education
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0014| requirements for the purpose of protecting the health and well-
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0015| being of the citizens of this state and maintaining and continuing
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0016| informed professional knowledge and awareness;
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0017| G. employ agents or attorneys;
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0018| H. issue investigative subpoenas for the purpose of
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0019| investigating complaints against licensees prior to the issuance
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0020| of a notice of contemplated action;
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0021| I. administer oaths and take testimony on any matters
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0022| within the board's jurisdiction;
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0023| J. conduct hearings upon charges relating to the
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0024| discipline of licensees, including the denial, suspension or
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0025| revocation of a license in accordance with the Uniform Licensing
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0001| Act; [and]
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0002| K. grant, deny, renew, suspend or revoke licenses to
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0003| practice acupuncture and oriental medicine in accordance with the
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0004| provisions of the Uniform Licensing Act for any cause stated in
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0005| the Acupuncture and Oriental Medicine Practice Act or the rules
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0006| and regulations of the board;
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0007| L. employ staff it deems necessary to assist it in
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0008| carrying out its duties pursuant to the Acupuncture and Oriental
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0009| Medicine Practice Act and may provide for health insurance or
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0010| other benefits for them. Except as otherwise provided in that
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0011| act, employees serve at the pleasure of the board and are exempt
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0012| from the provisions of the Personnel Act; and
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0013| M. enter into contracts."
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0014| Section 5. A new section of the Acupuncture and Oriental
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0015| Medicine Practice Act is enacted to read:
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0016| "[NEW MATERIAL] LEGAL SERVICES.--Upon request of the board,
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0017| the attorney general shall provide such legal services to the
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0018| board necessary for the administration of the Acupuncture and
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0019| Oriental Medicine Practice Act; provided, however, that the board
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0020| may, in its discretion, employ or contract for the services of
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0021| other attorneys to assist it in the administration of that act."
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0022| Section 6. A new section of the Acupuncture and Oriental
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0023| Medicine Practice Act is enacted to read:
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0024| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
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0025| A. The board is specifically exempted from the
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0001| provisions of the Procurement Code, the Art in Public Places Act,
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0002| the Information and Communication Management Act and Sections 6-3-
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0003| 1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1 through 15-3-34
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0004| NMSA 1978.
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0005| B. The board is also specifically exempted from the
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0006| provisions of the Deferred Compensation Act, the Group Benefits
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0007| Act, the Public Employee Bargaining Act, the Per Diem and Mileage
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0008| Act and Sections 10-7-1 through 10-7-19 NMSA 1978; provided,
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0009| however, that an employee of the regulation and licensing
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0010| department who subsequently becomes employed by the board without
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0011| a break in service may, by agreement of the board, continue to
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0012| participate in and be covered by those acts until separation from
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0013| employment with the board. Where required under those acts, the
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0014| board shall make contributions for the participating employee.
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0015| C. The board is also specifically exempted from the
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0016| provisions of the Public Employees Retirement Act and the Retiree
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0017| Health Care Act; provided, however, that an employee of the
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0018| regulation and licensing department who subsequently becomes
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0019| employed by the board without a break in service may, by agreement
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0020| of the board, continue to participate in the public employee
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0021| retirement system under the terms and conditions of the Public
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0022| Employees Retirement Act and the retiree health care system under
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0023| the terms and conditions of the Retiree Health Care Act until
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0024| separation from employment with the board. The board shall make
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0025| contributions as required by those acts for the participating
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0001| employee.
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0002| D. The board is also specifically exempted from the
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0003| provisions of the Personnel Act; provided, however, that an
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0004| employee in the classified service in the regulation and licensing
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0005| department who subsequently becomes employed by the board without
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0006| a break in service may, by agreement of the board, remain in the
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0007| classified service and be covered by the Personnel Act until
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0008| separation from the employment with the board. For all other
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0009| employees, the board may adopt its own employment policies."
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0010| Section 7. A new section of the Acupuncture and Oriental
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0011| Medicine Practice Act is enacted to read:
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0012| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The board, as
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0013| an organization and its individual members and employees, is
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0014| specifically subject to and covered by the provisions of the Tort
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0015| Claims Act, the Joint Powers Agreements Act, the Inspection of
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0016| Public Records Act, the Public Records Act, the Open Meetings Act,
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0017| the Governmental Conduct Act, the Financial Disclosure Act and any
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0018| other state law applicable to the board unless otherwise
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0019| specifically exempted in the Acupuncture and Oriental Medicine
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0020| Practice Act."
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0021| Section 8. Section 61-14A-18 NMSA 1978 (being Laws 1993,
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0022| Chapter 158, Section 26) is repealed and a new Section 61-14A-18
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0023| NMSA 1978 is enacted to read:
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0024| "61-14A-18. [NEW MATERIAL] BOARD FUNDS.--
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0025| A. All money received by the board from fees provided
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0001| for in the Acupuncture and Oriental Medicine Practice Act shall be
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0002| deposited in an account in a federally insured financial
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0003| institution qualified to do business in New Mexico. Money in the
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0004| account shall be withdrawn on the order of the board or its
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0005| designee and shall be used only to carry out the board's duties
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0006| pursuant to that act.
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0007| B. In accordance with the provisions of the Audit Act,
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0008| the state auditor may examine the accounts and books of the board,
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0009| including its receipts, disbursements, contracts, leases and other
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0010| records relating to the performance of its duties pursuant to the
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0011| Acupuncture and Oriental Medicine Practice Act. In addition, the
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0012| governor may call for any additional, special audits by the state
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0013| auditor whenever deemed necessary for the protection and oversight
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0014| of board funds.
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0015| C. Money of the board is not public money or state
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0016| funds within the meaning of any law of the state relating to
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0017| investment, deposit, security or expenditure of public money."
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0018| Section 9. Section 61-28A-1 NMSA 1978 (being Laws 1992,
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0019| Chapter 10, Section 1) is amended to read:
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0020| "61-28A-1. SHORT TITLE.--[Sections 1 through 26, 28 and 29
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0021| of this act] Chapter 61, Article 28A NMSA 1978 may be cited as the
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0022| "Public Accountancy Act"."
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0023| Section 10. Section 61-28A-3 NMSA 1978 (being Laws 1992,
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0024| Chapter 10, Section 3) is amended to read:
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0025| "61-28A-3. DEFINITIONS.--As used in the Public Accountancy
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0001| Act:
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0002| A. "board" means the New Mexico state board of public
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0003| accountancy;
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0004| B. "certified public accountant" means an individual
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0005| who has successfully met the certification requirements for
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0006| certified public accountant set forth in the Public Accountancy
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0007| Act and who has been granted a certificate by the board;
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0008| C. "continuing professional education" means courses
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0009| in accounting, auditing, tax or other functions of public
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0010| accountancy identified and approved by the board and provided to
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0011| individuals seeking to maintain a valid permit to practice;
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0012| D. "firm" means a sole proprietorship, a professional
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0013| corporation or a partnership;
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0014| E. "fund" means the [public accountancy fund] board
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0015| fund;
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0016| F. "person" means an individual or firm;
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0017| G. "practice" means the performance of public
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0018| accountancy or the offering to perform public accountancy for a
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0019| client or potential client by a person holding himself out to the
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0020| public as a permit holder or registered firm;
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0021| H. "practitioner" means a registered firm or an
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0022| individual engaged in the practice of public accountancy holding a
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0023| valid certificate and permit;
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0024| I. "public accountancy" means the performance of one
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0025| or more kinds of services involving accounting or auditing skills,
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0001| including the issuance of reports on financial statements, the
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0002| performance of one or more kinds of management, financial advisory
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0003| or consulting services, the preparation of tax returns or the
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0004| furnishing of advice on tax matters;
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0005| J. "quality review" means a study, appraisal or review
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0006| of one or more aspects of the accounting and auditing work of a
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0007| practitioner by a practitioner who is not affiliated with the
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0008| person being reviewed;
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0009| K. "reciprocal jurisdiction" means a state or foreign
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0010| country identified by the board by rule as having standards for
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0011| authorizing a person to practice public accountancy equivalent to
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0012| those prescribed in New Mexico law and by board rule;
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0013| L. "registered firm" means a firm that has been
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0014| granted a registration by the board pursuant to the Public
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0015| Accountancy Act;
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0016| M. "registered public accountant" means an individual
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0017| who, prior to December 31, 1990, successfully met the
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0018| certification requirements for registered public accountant set
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0019| forth in the Public Accountancy Act or in prior law and who has
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0020| been granted a certificate by the board;
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0021| N. "report" means an opinion or other writing that:
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0022| (1) states or implies assurance as to the
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0023| reliability of any financial statements;
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0024| (2) includes or is accompanied by any statement
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0025| or implication that the person issuing it has special knowledge or
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0001| competency in accounting or auditing indicated by the use of
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0002| names, titles or abbreviations likely to be understood to identify
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0003| the author of the report as a practitioner; and
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0004| (3) includes the following types of reports as
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0005| they are defined by board rule:
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0006| (a) a compilation report;
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0007| (b) a review report; or
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0008| (c) an audit report;
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0009| O. "rule" means any written directive of general
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0010| application duly adopted by the board; and
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0011| P. "state" means any state or insular possession of
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0012| the United States, including the District of Columbia, Puerto
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0013| Rico, the United States Virgin Islands and Guam."
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0014| Section 11. Section 61-28A-7 NMSA 1978 (being Laws 1992,
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0015| Chapter 10, Section 7) is amended to read:
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0016| "61-28A-7. BOARD--OFFICERS--MEETINGS--REIMBURSEMENT.--
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0017| A. The board shall elect annually from among its
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0018| members a chairman and a secretary-treasurer. Surety bond
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0019| coverage shall be in accordance with the Surety Bond Act.
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0020| B. The board shall meet at such times and places as
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0021| may be fixed by the board. A majority of the board members then
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0022| in office shall constitute a quorum at any meeting duly called.
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0023| Meetings of the board shall be open to the public as required by
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0024| the Open Meetings Act.
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0025| C. Each member of the board shall [receive per diem
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0001| and mileage as provided in the Per Diem and Mileage Act and shall
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0002| receive no other compensation, perquisite or allowance] serve
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0003| without compensation other than reasonable reimbursement for
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0004| mileage and per diem as determined by the board and paid from
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0005| board funds.
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0006| D. The limit and extent of immunity provided to
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0007| members of the board shall be defined by the Tort Claims Act."
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0008| Section 12. Section 61-28A-8 NMSA 1978 (being Laws 1992,
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0009| Chapter 10, Section 8, as amended) is amended to read:
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0010| "61-28A-8. BOARD--POWERS AND DUTIES.--
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0011| A. The board shall retain or arrange for the retention
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0012| of all applications, all documents under oath that are filed with
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0013| the board and all records of its proceedings, and it shall
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0014| maintain a registry of the names and addresses of all certificate
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0015| and permit holders and registered firms.
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0016| B. The board may employ an executive director [as an
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0017| exempt employee] and such other personnel as it deems necessary
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0018| for its administration and enforcement of the Public Accountancy
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0019| Act and provide for health insurance or other benefits for them.
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0020| Except as otherwise provided in the Public Accountancy Act,
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0021| employees shall serve at the pleasure of the board and are exempt
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0022| from the provisions of the Personnel Act.
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0023| C. The board may retain its own counsel to advise and
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0024| assist it [in addition to such] or may in its discretion request
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0025| the advice and assistance [as is provided by] of the attorney
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0001| general.
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0002| D. The board may sue and be sued in its official name
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0003| [as an agency of New Mexico]. To promote fair and complete
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0004| investigations and hearings, the board may issue subpoenas to
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0005| compel the attendance of witnesses and the production of
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0006| documents, administer oaths, take testimony and receive evidence
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0007| concerning all matters within its jurisdiction according to the
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0008| provisions of the Uniform Licensing Act and pursuant to rules
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0009| adopted by the board.
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0010| E. The board shall adopt rules governing its
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0011| administration and enforcement of the Public Accountancy Act. All
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0012| rulemaking activities shall be carried out pursuant to the
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0013| provisions of the Uniform Licensing Act.
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0014| F. The board may conduct investigations and hearings
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0015| upon its own motion or after receiving notice from any person of
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0016| an alleged violation of the Public Accountancy Act. All hearings
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0017| regarding alleged violations of that act shall be conducted
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0018| pursuant to the provisions of the Uniform Licensing Act.
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0019| Injunctions and appeals from board orders or decisions shall be
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0020| pursued according to the provisions of the Uniform Licensing Act
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0021| and the rules of civil procedure in the district courts.
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0022| G. The board shall promulgate rules governing the
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0023| professional and ethical conduct of practitioners.
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0024| H. The board shall exercise such powers as are
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0025| necessary to carry out the provisions of the Public Accountancy
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0001| Act.
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0002| I. The board shall establish by rule the standards and
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0003| means by which a practitioner may use a title, designation or
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0004| abbreviation that indicates he is a specialist or has special
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0005| expertise in conjunction with the practice of public accountancy."
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0006| Section 13. A new section of the Public Accountancy Act is
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0007| enacted to read:
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0008| "[NEW MATERIAL] EXEMPTION FROM CERTAIN ACTS.--
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0009| A. The board is specifically exempted from the
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0010| provisions of the Procurement Code, the Art in Public Places Act,
|
0011| the Information and Communication Management Act and Sections 6-3-
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0012| 1 through 6-3-25, 13-6-1 through 13-6-4 and 15-3-1 through 15-3-34
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0013| NMSA 1978.
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0014| B. The board is also specifically exempted from the
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0015| provisions of the Deferred Compensation Act, the Group Benefits
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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,
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0018| however, that an employee of the regulation and licensing
|
0019| department who subsequently becomes employed by the board without
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0020| a break in service may, by agreement of the board, continue to
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0021| participate in and be covered by those acts until separation from
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0022| employment with the board. Where required under those acts, the
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0023| board shall make contributions for the participating employee.
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0024| C. The board is also specifically exempted from the
|
0025| provisions of the Public Employees Retirement Act and the Retiree
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0001| Health Care Act; provided, however, that an employee of the
|
0002| regulation and licensing department who subsequently becomes
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0003| employed by the board without a break in service may, by agreement
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0004| of the board, continue to participate in the public employee
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0005| retirement system under the terms and conditions of the Public
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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
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0009| contributions as required by those acts for the participating
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0010| employee.
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0011| D. The board is also specifically exempted from the
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0012| provisions of the Personnel Act; provided, however, that an
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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
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0016| classified service and be covered by the Personnel Act until
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0017| separation from employment with the board. For all other
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0018| employees, the board may adopt its own employment policies."
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0019| Section 14. A new section of the Public Accountancy Act is
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0020| enacted to read:
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0021| "[NEW MATERIAL] APPLICABILITY OF OTHER ACTS.--The board, as
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0022| an organization and its individual members and employees, is
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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."
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0004| Section 15. Section 61-28A-22 NMSA 1978 (being Laws 1992,
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0005| Chapter 10, Section 22) is repealed and a new Section 61-28A-22
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0006| NMSA 1978 is enacted to read:
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0007| "61-28A-22. [NEW MATERIAL] BOARD FUNDS.--
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0008| A. All money received by the board from fees provided
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0009| for in the Public Accountancy Act shall be deposited in an account
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0010| in a federally insured financial institution qualified to do
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0011| business in New Mexico. Money in the account shall be withdrawn
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0012| on the order of the board or its designee and shall only be used
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0013| to carry out the board's duties pursuant to that act.
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0014| B. In accordance with the provisions of the Audit Act,
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0015| the state auditor may examine the accounts and books of the board,
|
0016| including its receipts, disbursements, contracts, leases and other
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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
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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
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0005| a license or other authorization to practice physical therapy in
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0006| another state or jurisdiction or the surrendering of membership in
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0007| any professional association following, in lieu of or while under
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0008| disciplinary investigation by any of those authorities or bodies
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0009| for acts or conduct similar to acts or conduct that would
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0010| constitute grounds for action as defined in this section; and
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0011| V. abandonment of patients.
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0012| Section 31. [NEW MATERIAL] CONSUMER PROTECTION.--
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0013| A. Any person, including a licensee; corporation;
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0014| insurance company; health care organization; health care facility;
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0015| and state, federal or local governmental agency, shall report to
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0016| the board any conviction, determination or finding that a licensee
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0017| has committed an act that constitutes a violation of the Physical
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0018| Therapy Act. The person is immune from civil liability for
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0019| providing information in good faith to the board. Failure by a
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0020| licensee to report a violation of the Physical Therapy Act shall
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0021| constitute grounds for disciplinary action.
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0022| B. The board may permit an impaired physical therapist
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0023| or assistive personnel to actively participate in a board-approved
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0024| substance abuse treatment program under the following conditions:
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0025| (1) the board has evidence indicating that the
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0001| licensee is an impaired professional;
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0002| (2) the licensee has not been convicted of a
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0003| felony relating to a controlled substance in a court of law of the
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0004| United States or any other territory or country;
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0005| (3) the impaired professional enters into a
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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
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0011| substance abuse program; and
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0012| (4) as part of the agreement established between
|
0013| the licensee and the board, the licensee shall sign a waiver
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0014| allowing the substance abuse program to release information to the
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0015| board if the licensee does not comply with the requirements of
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0016| this section or is unable to practice with reasonable skill or
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0017| safety.
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0018| C. The public shall have access to information
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0019| pursuant to the Inspection of Public Records Act.
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0020| D. The board shall conduct its meetings and
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0021| disciplinary hearings in accordance with the Open Meetings Act.
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0022| E. Physical therapists and physical therapist
|
0023| assistants shall disclose in writing to patients if the referring
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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|
|