46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO PROFESSIONAL LICENSING; PROHIBITING TEMPORARY LICENSING; AMENDING, REPEALING AND ENACTING CERTAIN SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Uniform Licensing Act is enacted to read:

"[NEW MATERIAL] TEMPORARY LICENSES PROHIBITED.--A board subject to the provisions of Chapter 61 NMSA 1978 shall not issue to any person a temporary or emergency license to practice prior to issuance of a regular license. All statutory requirements, including appropriate background, education and law enforcement verifications, shall be completed before the board may issue a regular license to practice."

Section 2. Section 61-5A-20 NMSA 1978 (being Laws 1994, Chapter 55, Section 20) is amended to read:

"61-5A-20. FEES.--The board and committee shall establish a schedule of reasonable fees not to exceed the following:

Dentists Dental Hygienists

A. licensure by examination $1,500 $1,000

B. licensure by credential $3,000 $1,500

C. specialty license by

examination $1,500

D. specialty license by

credential $3,000

[E. temporary license

48 hour $ 50 $ 50

six months $ 300 $ 200

12 months $ 450 $ 300

F.] E. application for

certification in local

anesthesia $ 40

[G.] F. examination in local

anesthesia $ 150

[H.] G. triennial license renewal $ 450 $ 300

[I.] H. late renewal $ 100 $ 100

[J.] I. reinstatement of license $ 450 $ 300

[K.] J. administrative fees $ 200 $ 200

[L.] K. impaired dentist or

dental hygienist $ 150 $ 75

[M.] L. assistant certificate $ 100."

Section 3. Section 61-6-19 NMSA 1978 (being Laws 1989, Chapter 269, Section 15, as amended) is amended to read:

"61-6-19. FEES.--

A. The board shall impose the following fees:

(1) an application fee not to exceed four hundred dollars ($400) for licensure by endorsement as provided in Section 61-6-13 NMSA 1978;

(2) an application fee not to exceed four hundred dollars ($400) for licensure by examination as provided in Section 61-6-11 NMSA 1978;

(3) an examination fee equal to the cost of purchasing the examination plus an administration fee not to exceed fifty percent of that cost;

(4) a triennial renewal fee not to exceed four hundred fifty dollars ($450);

(5) a fee of twenty-five dollars ($25.00) for placing a physician's license or a physician assistant's license on inactive status;

(6) a late fee not to exceed one hundred dollars ($100) for physicians who renew their license within forty-five days after the required renewal date;

(7) a late fee not to exceed two hundred dollars ($200) for physicians who renew their licenses between forty-six and ninety days after the required renewal date;

(8) a reinstatement fee not to exceed the current application fee for reinstatement of a revoked, suspended or inactive license;

(9) a reasonable administrative fee for verification and duplication of license or registration and copying of records;

(10) a reasonable publication fee for the purchase of a publication containing the names of all practitioners licensed under the Medical Practice Act;

(11) an impaired physician fee not to exceed one hundred fifty dollars ($150) for a three-year period;

(12) an interim license fee not to exceed one hundred dollars ($100);

[(13) a temporary license fee not to exceed one hundred dollars ($100);

(14)] (13) a postgraduate training license fee not to exceed fifty dollars ($50.00) annually;

[(15)] (14) an application fee not to exceed one hundred fifty dollars ($150) for physician assistants applying for initial licensure;

[(16)] (15) a licensure fee not to exceed one hundred fifty dollars ($150) for physician assistants biennial licensing and registration of supervising physician;

[(17)] (16) a late fee not to exceed fifty dollars ($50.00) for physician assistants who renew their licensure within forty-five days after the required renewal date;

[(18)] (17) a late fee not to exceed seventy-five dollars ($75.00) for physician assistants who renew their licensure between forty-six and ninety days after the required renewal date;

[(19)] (18) a fee not to exceed three hundred dollars ($300) annually for a physician supervising a clinical pharmacist; and

[(20)] (19) an application and renewal fee for a telemedicine license not to exceed four hundred dollars ($400).

B. All fees are nonrefundable and shall be used by the board to carry out its duties efficiently."

Section 4. Section 61-8-14 NMSA 1978 (being Laws 1977, Chapter 221, Section 14, as amended) is amended to read:

"61-8-14. LIMITATION ON LICENSURE--[TEMPORARY LICENSE].--[A.] No license to practice podiatry shall be issued to a corporation, partnership or association; provided, however, that this [subsection] section shall not prohibit licensed podiatrists from associating themselves as otherwise allowed by law in a professional corporation, professional limited liability company, partnership or association for the purpose of practicing podiatry.

[B. In cases of emergency, as defined by board rule, the board may grant a temporary license to practice podiatry to a person who meets the requirements of Subsections A and B of Section 61-8-8 NMSA 1978. The temporary license shall automatically expire on the date of the next board meeting at which applications for licensure by examination or reciprocity are approved. No person may be issued more than one temporary license pursuant to this provision.

C. To facilitate educational programs, subject to conditions and terms set forth in board rules, the board may grant a temporary license to practice podiatry to a person enrolled and participating in such program.]"

Section 5. Section 61-9A-22 NMSA 1978 (being Laws 1993, Chapter 49, Section 22, as amended) is amended to read:

"61-9A-22. LICENSURE BY CREDENTIALS.--The board may license an applicant without examination if the person possesses a valid regulatory document issued by the appropriate examining board under the laws of any other state or territory of the United States, the District of Columbia or any foreign nation that in the judgment of the board has requirements substantially equivalent to or exceeding those in the Counseling and Therapy Practice Act.

[An applicant for licensing pursuant to this section shall be issued a temporary license by the department upon filing his application along with proof of a valid current regulatory document from another jurisdiction. This temporary license is valid only until the board considers and acts on the application. An applicant is entitled to only one temporary license pursuant to this provision.]"

Section 6. Section 61-10-6.1 NMSA 1978 (being Laws 1989, Chapter 371, Section 3) is amended to read:

"61-10-6.1. FEES.--The board of osteopathic medical examiners may charge the following fees:

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;

B. an application fee not to exceed five hundred dollars ($500) for licensure by examination;

C. an application fee not to exceed five hundred dollars ($500) for licensure pursuant to Section 61-10-12 NMSA 1978;

D. an annual renewal fee not to exceed two hundred dollars ($200);

[E. an interim license fee not to exceed two hundred dollars ($200);

F.] E. a late fee not to exceed two hundred dollars ($200) for applicants who fail to register their licenses on or before July 1 of each year;

[G.] F. a reinstatement fee not to exceed five hundred dollars ($500) for reinstatement of a revoked, suspended or inactive license;

[H.] G. reasonable administrative fee for verification of license, publications and copying charges; and

[I.] H. an impaired physician fee not to exceed one hundred dollars ($100).

All fees are nonrefundable and shall be used by the board to carry out its duties."

Section 7. Section 61-12B-9 NMSA 1978 (being Laws 1984, Chapter 103, Section 9, as amended) is amended to read:

"61-12B-9. OTHER LICENSING PROVISIONS.--

A. The department, in consultation with the board, shall adopt rules for mandatory continuing education requirements that shall be completed as a condition for renewal of a license issued pursuant to the provisions of the Respiratory Care Act.

[B. The department, in consultation with the board, may adopt rules for issuance of temporary permits to students and graduates of approved training programs to practice limited respiratory care under the direct supervision of a licensed respiratory care practitioner or physician. Rules shall be adopted defining the terms "student" and "direct supervision".

C.] B. A license issued by the department shall describe the licensed person as a "respiratory care practitioner licensed by the New Mexico regulation and licensing department".

[D.] C. Unless licensed as a respiratory care practitioner pursuant to the provisions of the Respiratory Care Act, no person shall use the title "respiratory care practitioner", the abbreviation "R.C.P." or any other title or abbreviation to indicate that the person is a licensed respiratory care practitioner.

[E.] D. A copy of a valid license [or temporary permit] issued pursuant to the Respiratory Care Act shall be kept on file at the respiratory care practitioner's [or temporary permittee's] place of employment.

[F.] E. A respiratory care practitioner license shall expire on September 30, annually or biennially, as provided by rules of the department."

Section 8. Section 61-12B-11 NMSA 1978 (being Laws 1984, Chapter 103, Section 11, as amended) is amended to read:

"61-12B-11. FEES.--

A. The superintendent, in consultation with the board, shall by rule establish a schedule of reasonable fees for licenses [temporary permits] and renewal of licenses for respiratory care practitioners.

B. The initial application fee shall be set in an amount not to exceed one hundred fifty dollars ($150).

C. A license renewal fee shall be established in an amount not to exceed one hundred fifty dollars ($150)."

Section 9. Section 61-12D-10 NMSA 1978 (being Laws 1997, Chapter 89, Section 10) is amended to read:

"61-12D-10. LICENSURE--QUALIFICATIONS.--

A. An applicant for licensure as a physical therapist shall submit a completed application and have the following minimum qualifications:

(1) be of good moral character;

(2) be a graduate of an accredited physical therapy program approved by the board;

(3) have successfully passed the national physical therapy examination approved by the board; and

(4) have successfully passed the state jurisprudence examination.

B. An applicant for licensure as a physical therapist who has been educated outside the United States shall submit a completed application and meet the following minimum qualifications in addition to those required in Paragraphs (1), (3) and (4) of Subsection A of this section:

(1) provide satisfactory evidence that his education is substantially equivalent to the requirements of physical therapists educated in accredited educational programs in the United States, as determined by the board. If the board determines that a foreign-educated applicant's education is not substantially equivalent, it may require completion of additional course work before proceeding with the application process;

(2) provide evidence that he is a graduate of a school of training that is recognized by the foreign country's own ministry of education or similar institution;

(3) provide written proof of authorization to practice as a physical therapist without limitations in the legal jurisdiction where the post-secondary institution from which the applicant has graduated is located;

(4) provide proof of legal authorization to reside and seek employment in the United States or its territories;

(5) have his educational credentials evaluated by a board-approved credential evaluation agency;

(6) pass all approved English proficiency examinations as may be prescribed by the board if English is not his primary language; and

(7) participate in an interim supervised clinical practice period as may be prescribed by the board.

C. The board may issue an interim permit to a foreign-trained applicant who satisfies the board's requirements. An interim permit shall be issued for the purpose of participating in a supervised clinical practice period.

D. If the foreign-educated physical therapist applicant is a graduate of a college accredited by the commission on accreditation in physical therapy education, the requirements of Paragraphs (1), (2), (5) and (7) of Subsection B of this section are waived.

E. An applicant for licensure as a physical therapist assistant shall submit a completed application and meet the following minimum requirements:

(1) be of good moral character;

(2) be a graduate of an accredited physical therapist assistant program approved by the board;

(3) have successfully passed the national physical therapy examination approved by the board; and

(4) have successfully passed the state jurisprudence examination.

F. An applicant for licensure as a physical therapist or physical therapist assistant shall file a written application on forms provided by the board. A nonrefundable application fee and the cost of the examination shall accompany the completed written application.

G. Applicants who fail to pass the examinations shall be subject to requirements determined by board regulations prior to being approved by the board for subsequent testing.

H. The board or its designee shall issue a license to a physical therapist or physical therapist assistant who has a valid unrestricted license from another United States jurisdiction and who meets all requirements for licensure in New Mexico.

[I. Prior to licensure, if prescribed by the board, the board or its designee may issue a temporary nonrenewable license to a physical therapist or physical therapist assistant who has completed the education and experience requirements of the Physical Therapist Act. The temporary license shall allow the applicant to practice physical therapy under the supervision of a licensed physical therapist until a permanent license is approved that shall include passing the national physical therapy examination.

J. The board or its designee may issue a temporary license to a physical therapist or physical therapist assistant performing physical therapy while teaching an educational seminar who has met the requirements established by regulation of the board.

K.] I. A physical therapist or physical therapist assistant licensed under the provisions of the Physical Therapy Act shall renew his license as specified in board rules. A person who fails to renew his license by the date of expiration shall not practice physical therapy as a physical therapist or physical therapist assistant in New Mexico.

[L.] J. Reinstatement of a lapsed license following a renewal deadline requires payment of a renewal fee and late fee.

[M.] K. Reinstatement of a physical therapist or physical therapist assistant license that has lapsed for more than three years, without evidence of continued practice in another state pursuant to a valid unrestricted license in that state, requires reapplication and payment of fees, as specified in board rules. The board shall promulgate rules establishing the qualifications for reinstatement of a lapsed license.

[N.] L. The board may establish, by rule, activities to periodically assess continuing competence to practice physical therapy.

[O.] M. A physical therapist shall not accept a patient for treatment without an existing medical diagnosis for the specific medical or physical problem made by a licensed primary care provider, except for those children participating in special education programs in accordance with Section 22-13-5 NMSA 1978 and for acute care within the scope of practice of physical therapy. For the purposes of this subsection, "existing medical diagnosis" means substantive signs and symptoms consistent with the episode from a previous primary care provider diagnosis made or confirmed by that provider within the past twelve months."

Section 10. Section 61-13-11 NMSA 1978 (being Laws 1970, Chapter 61, Section 10, as amended) is amended to read:

"61-13-11. LICENSURE WITHOUT EXAMINATION.--The board shall issue a nursing home administrator's license [temporary or regular] without examination to any person who holds a nursing home administrator's license current and in good standing in another jurisdiction [provided that] if the board finds that the standards of licensure in the other jurisdiction are at least the substantial equivalent of those prevailing in this state and that the applicant meets the qualifications of the Nursing Home Administrators Act."

Section 11. Section 61-14-10 NMSA 1978 (being Laws 1967, Chapter 62, Section 7, as amended) is amended to read:

"61-14-10. LICENSE BY ENDORSEMENT.--

A. Pursuant to its regulations, the board may issue a license without written examination, except an examination on state laws and other state and federal regulations related to the practice of veterinary medicine, to any qualified applicant who furnishes satisfactory evidence that he is a veterinarian and has, for the five years next prior to filing his application, been a practicing veterinarian and licensed in a state, territory or district of the United States having license requirements at the time the applicant was first licensed that were substantially equivalent to the requirements of the Veterinary Practice Act.

B. Pursuant to its regulations, the board may issue, with examination, a limited practice license in veterinary medicine, which limited practice license shall describe adequately that area of veterinary medicine that the licensee is entitled to practice.

C. At its discretion, the board may examine, orally or practically, any person qualifying for a license under this section.

[D. The board may issue without examination a temporary permit to practice veterinary medicine to:

(1) a qualified applicant for a license pending examination, provided the applicant is a graduate veterinarian and employed by and working under the direct supervision of a licensed veterinarian provided:

(a) the temporary permit shall expire the day after the notice of results of the first examination given after the permit is issued;

(b) a qualified applicant for a license pending examination may, at the board's discretion, be exempted from the requirement of working under the direct supervision of a licensed veterinarian, provided the applicant submits a written request for such exemption; and

(c) no additional temporary permit shall be issued to an applicant who has failed the required components of the New Mexico examination in this or any other state or any other territory, district or commonwealth of the United States; or

(2) a nonresident veterinarian validly licensed and in good standing with the licensing authority in another state, territory, district or commonwealth of the United States; provided that the temporary permit shall be issued for a period lasting no more than sixty days and that not more than one permit shall be issued to such a person during each calendar year. No more than two temporary permits shall be issued to any one individual.

E. A temporary permit to practice veterinary medicine may be summarily revoked by a majority vote of the board without a hearing.]"

Section 12. Section 61-14A-16 NMSA 1978 (being Laws 1993, Chapter 158, Section 24, as amended by Laws 2001, Chapter 263, Section 1 and Laws 2001, Chapter 266, Section 2) is amended to read:

"61-14A-16. FEES.--The board shall establish a schedule of reasonable nonrefundable fees not to exceed the following amounts:

A. application for licensing $800;

B. application for reciprocal licensing 750;

[C. application for temporary licensing 500;

D.] C. examination, not including the cost of any nationally recognized examination 700;

[E.] D. annual license renewal 400;

[F.] E. late license renewal 200;

[G.] F. expired license renewal 400;

[H. temporary license renewal 100;

I.] G. application for approval or renewal of approval of an educational program 600;

[J.] H. late renewal of approval of an educational program 200;

[K.] I. annual continuing education provider

registration 200;

[L.] J. application for extended or expanded prescriptive authority 500;

[M.] K. application for externship supervisor registration 500;

[N.] L. application for extern certification 500;

and

[O.] M. any and all fees to cover reasonable and necessary administrative expenses."

Section 13. Section 61-14B-20 NMSA 1978 (being Laws 1996, Chapter 57, Section 20, as amended) is amended to read:

"61-14B-20. FEES.--The board shall establish a schedule of reasonable fees for applications, licenses, renewal of licenses, exams, penalties and administrative fees. The license and license renewal fees shall not exceed:

A. fifty dollars ($50.00) for clinical fellows and apprentices in speech and language;

B. one hundred dollars ($100) for audiologists or speech-language pathologists;

C. three hundred dollars ($300) for hearing aid dispensers;

D. two hundred dollars ($200) for examinations;

E. one hundred dollars ($100) for late renewal fees;

F. two hundred dollars ($200) for hearing aid dispensing endorsement; and

[G. five hundred dollars ($500) for a hearing aid trainee license, which fee includes examination, both written and practical; and

H.] G. reasonable administrative fees."

Section 14. Section 61-17A-16 NMSA 1978 (being Laws 1993, Chapter 171, Section 16, as amended) is amended to read:

"61-17A-16. FEES.--The board may, by [regulation] rule, establish initial license and renewal fees not to exceed the following:

establishment license. . . . . . . . . . .$200

school license . . . . . . . . . . . . . .$600

relocation of a school . . . . . . . . . .$300

cosmetologist license . . . . . . . . . .$ 50.00

barber license . . . . . . . . . . . . . .$ 50.00

specialty license. . . . . . . . . . . . .$ 50.00

instructor license . . . . . . . . . . . .$ 50.00

duplicate license. . . . . . . . . . . . .$ 50.00

[temporary license. . . . . . . . . . . . .$ 25.00]

administrative fee. . . . . . . . . . . . $100

limited license fee. . . . . . . . . . . .$100

licensure through reciprocity. . . . . . .$200

transcript . . . . . . . . . . . . . . . .$ 50.00

examinations . . . . . . . . . . . . . . .$100."

Section 15. Section 61-30-17 NMSA 1978 (being Laws 1990, Chapter 75, Section 17, as amended) is amended to read:

"61-30-17. FEES.--The board shall charge and collect the following fees not to exceed:

A. an application fee for a registration in the amount of one hundred dollars ($100);

B. an application fee for a license or residential certification in the amount of two hundred dollars ($200);

C. an application fee for general certification in the amount of two hundred fifty dollars ($250);

D. an examination fee for general and residential certification or license in the amount of one hundred dollars ($100);

E. a triennial registration renewal fee in the amount of one hundred fifty dollars ($150);

F. a triennial certificate renewal fee for residential certification or license renewal in the amount of three hundred dollars ($300);

G. a triennial certificate renewal fee for general certification in the amount of four hundred fifty dollars ($450);

H. the registry fee as required by the federal real estate appraisal reform amendments;

[I. for registration for temporary practice, the amount of one hundred dollars ($100);

J.] I. for each duplicate registration, license or certificate issued because a registration, license or certificate is lost or destroyed and an affidavit as to its loss or destruction is made and filed, a fee in the amount of twenty-five dollars ($25.00); and

[K.] J. fees to cover reasonable and necessary administrative expenses."

Section 16. Section 61-31-8 NMSA 1978 (being Laws 1989, Chapter 51, Section 8) is amended to read:

"61-31-8. BOARD'S AUTHORITY.--In addition to any authority provided by law, the board shall have the authority to:

A. adopt and file, in accordance with the State Rules Act, rules and regulations necessary to carry out the provisions of the Social Work Practice Act, in accordance with the provisions of the Uniform Licensing Act, including the procedures for an appeal of an examination failure;

B. select, prepare and administer, at least annually, written examinations for licensure, which shall include a testing of the knowledge of New Mexico cultures;

C. adopt a professional code of ethics;

D. appoint advisory committees pursuant to Section [19 of the Social Work Practice Act] 61-31-19 NMSA 1978;

E. conduct hearings on an appeal of a denial of a license based on the applicant's failure to meet the minimum qualifications for licensure. The hearing shall be conducted pursuant to the Uniform Licensing Act;

F. require and establish criteria for continuing education;

G. issue subpoenas, statements of charges, statements of intent to deny licenses and orders and delegate in writing to a designee the authority to issue subpoenas, statements of charges and statements of intent to deny licenses and establish procedures for receiving, investigating and conducting hearings on complaints;

H. approve appropriate supervision for those persons seeking licensure as [an] independent social [worker] workers;

I. issue [provisional licenses and] licenses based on credentials to persons meeting the requirements set forth in the Social Work Practice Act;

J. determine qualifications for licensure;

K. set fees for licenses as authorized by the Social Work Practice Act and authorize all disbursements necessary to carry out the provisions of the Social Work Practice Act;

L. approve the selection of primary staff assigned to the board;

M. contract with the department for the provisions of space and administrative support; and

N. keep a record of all proceedings and shall make an annual report to the governor."

Section 17. Section 61-31-15 NMSA 1978 (being Laws 1989, Chapter 51, Section 15) is amended to read:

"61-31-15. LICENSE FEES.--Applicants for licensure shall pay fees set by the board, not to exceed:

A. for written examination for any level of licensure other than initial licensure, two hundred dollars ($200);

B. for initial licensure following a written examination as a baccalaureate social worker, two hundred dollars ($200);

C. for initial licensure following a written examination as a master social worker, three hundred dollars ($300);

D. for initial licensure following a written examination as an independent social worker, three hundred dollars ($300);

E. for licensure by credentials at any level, three hundred dollars ($300);

F. for licensure without written examination, [including a provisional license] as a baccalaureate social worker, one hundred fifty dollars ($150);

G. for licensure without written examination, [including a provisional license] as a master social worker, two hundred fifty dollars ($250);

H. for licensure without written examination, [including a provisional license] as an independent social worker, three hundred dollars ($300);

I. for renewal of a license as a baccalaureate social worker, one hundred dollars ($100);

J. for renewal of a license as a master social worker, two hundred dollars ($200);

K. for renewal of a license as an independent social worker, three hundred dollars ($300);

L. for a late fee for failure to renew within the allotted grace period, one hundred dollars ($100); and

M. for a duplicate license, twenty-five dollars ($25.00)."

Section 18. REPEAL.--Sections 61-3-5.1, 61-3-23, 61-3-23.1, 61-5A-14, 61-6-14, 61-7A-9, 61-9A-16, 61-10-7, 61-12A-13, 61-2C-14, 61-14A-12, 61-14B-17, 61-14D-12, 61-14E-8, 61-30-21 and 61-31-11 NMSA 1978 (being Laws 2001, Chapter 137, Section 14, Laws 1977, Chapter 220, Section 14, Laws 1979, Chapter 379, Section 8, Laws 1994, Chapter 55, Section 14, Laws 1953, Chapter 48, Section 2, Laws 1989, Chapter 387, Section 9, Laws 1993, Chapter 49, Section 16, Laws 1977, Chapter 155, Section 1, Laws 1996, Chapter 55, Section 13, Laws 1991, Chapter 147, Section 14, Laws 1993, Chapter 158, Section 20, Laws 1996, Chapter 57, Section 17, Laws 1993, Chapter 325, Section 12, Laws 1991, Chapter 14, Section 3, Laws 1990, Chapter 75, Section 21 and Laws 1989, Chapter 51, Section 11, as amended) are repealed.