0001| HOUSE BILL 926
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| DANNY CARPENTER
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO LICENSURE; AMENDING THE PODIATRY ACT; BROADENING
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0012| THE SCOPE OF PRACTICE OF PODIATRISTS; LICENSING AND REGULATING
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0013| FOOT AND ANKLE RADIATION TECHNOLOGISTS AND PODIATRIC
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0014| ASSISTANTS; INCREASING FEES; AMENDING, REPEALING AND ENACTING
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0015| SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 61-8-1 NMSA 1978 (being Laws 1977,
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0019| Chapter 221, Section 1) is amended to read:
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0020| "61-8-1. SHORT TITLE. [This act] Chapter 61, Article 8
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0021| NMSA 1978 may be cited as the "Podiatry Act"."
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0022| Section 2. Section 61-8-2 NMSA 1978 (being Laws 1977,
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0023| Chapter 221, Section 2) is amended to read:
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0024| "61-8-2. DEFINITIONS.--As used in the Podiatry Act:
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0025| A. "board" means the board of podiatry; and
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0001| B. "practice of podiatry" means engaging in that
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0002| primary health care profession, the members of which examine,
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0003| diagnose, treat and prevent by medical, surgical and
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0004| [mechanical] biomechanical means ailments affecting the
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0005| human foot and ankle and the structures governing their func-
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0006|
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0007| tions [but does not include amputation of the foot or the
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personal administration of a general anesthetic]. A
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0009| podiatrist, [under] pursuant to the laws of this state, is
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0010| defined as a [foot or podiatric] physician [and
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C. "podiatry" and "podiatrist" are synonymous with
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the words "chiropody" and "chiropodist"] and surgeon within
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0013| the scope of his license."
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0014| Section 3. Section 61-8-3 NMSA 1978 (being Laws 1977,
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0015| Chapter 221, Section 3) is amended to read:
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0016| "61-8-3. LICENSE REQUIRED.--Unless licensed as a
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0017| podiatrist [under] pursuant to the provisions of the
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0018| Podiatry Act or exempted from that act pursuant to Section 61-
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0019| 8-4 NMSA 1978, no person shall practice podiatry."
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0020| Section 4. Section 61-8-4 NMSA 1978 (being Laws 1977,
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0021| Chapter 221, Section 4) is amended to read:
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0022| "61-8-4. PERSONS EXEMPTED.--The Podiatry Act shall not
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0023| apply to:
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0024| A. gratuitous services rendered in cases of
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0025| emergency;
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0001| B. the domestic administration of family remedies
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0002| not involving remuneration;
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0003| C. medical officers of the United States service in
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0004| the actual performance of their official duties [nor shall].
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0005| The provisions of the Podiatry Act shall not be so construed
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0006| as to be in conflict with existing laws regulating the practice
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0007| of the healing arts other than podiatry in this state;
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0008| [D. visiting podiatrists called into this state
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for consultation from another state, provided that such person
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is duly licensed and qualified in the state of his residence;
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such visitations, however, shall be limited in duration if, in
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the opinion of the board, such person is actually engaging in
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the practice of podiatry in this state; and]
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0014| D. a podiatrist duly licensed in another state
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0015| who, on a temporary basis, consults, advises or cooperates in
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0016| patient treatment with a podiatrist licensed in New Mexico,
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0017| subject to regulations promulgated by the board; and
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0018| E. the fitting, recommending or sale of corrective
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0019| shoes, arch supports or similar mechanical devices by retail
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0020| dealers or manufacturers; provided that the representatives,
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0021| agents or employees of such dealers or manufacturers do not
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0022| diagnose, treat or prescribe mechanically or otherwise for any
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0023| ailment, disease or deformity of the foot or leg."
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0024| Section 5. Section 61-8-5 NMSA 1978 (being Laws 1977,
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0025| Chapter 221, Section 5, as amended) is amended to read:
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0001| "61-8-5. BOARD CREATED--MEMBERS--QUALIFICATIONS--TERMS--
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0002| VACANCIES--REMOVAL.--
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0003| A. There is created a "board of podiatry". The
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0004| board shall consist of five members, three of whom shall be
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0005| podiatrists licensed to practice in New Mexico who have been
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0006| [members of the New Mexico podiatry society and] actively
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0007| engaged in the practice of podiatry for at least three
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0008| consecutive years immediately prior to their appointments and
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0009| two members who shall represent the public and who shall not
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0010| have been licensed as podiatrists, nor shall the public members
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0011| have any significant financial interest, whether direct or
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0012| indirect, in the occupation regulated.
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0013| B. Members of the board required to be licensed
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0014| podiatrists shall be appointed by the governor [from a list of
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not more than five names for each vacancy submitted to him by
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the New Mexico podiatry society]. Board members shall be
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0017| appointed for staggered terms of five years each, made in such
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0018| a manner that the terms of not more than two board members end
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0019| on December 31 of each year commencing with 1978. Board
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0020| members shall serve until their successors have been appointed
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0021| and qualified. A vacancy shall be filled for the unexpired
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0022| term by appointment by the governor. All members of the state
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0023| board of podiatry in office on the effective date of the
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0024| Podiatry Act shall serve out their unexpired terms.
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0025| C. The governor may remove any member from the
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0001| board for neglect of any duty required by law, for
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0002| incompetence, for improper or unprofessional conduct as defined
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0003| by board regulation or for any reason [which] that would
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0004| justify the suspension or revocation of his license to practice
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0005| podiatry.
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0006| D. No board member shall serve more than two
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0007| consecutive full terms, and any member failing to attend, after
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0008| proper notice, three consecutive meetings shall
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0009| [automatically] be removed as a board member unless excused
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0010| for reasons set forth in board regulations.
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0011| E. In the event of a vacancy for any reason, the
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0012| secretary of the board shall immediately notify the governor,
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0013| the board members and the New Mexico podiatry society of the
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0014| vacancy, the reason for its occurrence and the action taken by
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0015| the board, so as to expedite the appointment of a new board
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0016| member."
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0017| Section 6. Section 61-8-6 NMSA 1978 (being Laws 1977,
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0018| Chapter 221, Section 6) is amended to read:
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0019| "61-8-6. BOARD ORGANIZATION--MEETINGS--COMPENSATION--
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0020| POWERS AND DUTIES.--
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0021| A. The board shall [meet] hold regular meetings
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0022| at least annually [in the month of June or July] and shall
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0023| elect annually a chairman, vice chairman and [a] secretary-
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0024| treasurer from [their] its membership, each of whom shall
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0025| serve until his successor is selected and qualified.
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0001| B. The board shall hold a minimum of one
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0002| examination for licensure each year in the month of June or
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0003| July at such a place and at such a time as the board may
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0004| designate. Notice of [such] the examination shall be given
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0005| to all applicants at least thirty days prior to the date of
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0006| [such] the examination. [The board shall adopt and file in
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accordance with the State Rules Act such regulations as it
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deems necessary to properly conduct its examinations and
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meetings.]
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0010| C. Special meetings may be called by the chairman
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0011| and shall be called upon the written request of any three board
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0012| members. Notice of all [regular] meetings shall be made [by
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regular mail at least ten days prior to such meeting, and
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notification of special meetings shall be made by certified
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mail unless such notice is waived by the entire board and the
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action noted in the minutes] in conformance with the Open
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0017| Meetings Act.
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0018| D. Members of the board may be reimbursed as
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0019| provided in the Per Diem and Mileage Act, but shall receive no
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0020| other compensation, perquisite or allowance [except that the
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secretary-treasurer may receive an additional honorarium in an
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amount determined by the board].
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0023| E. The board shall:
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0024| (1) administer and enforce the provisions of
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0025| the Podiatry Act;
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0001| (2) adopt, publish and file, in accordance
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0002| with the Uniform Licensing Act and the State Rules Act, all
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0003| rules and regulations for the implementation and enforcement of
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0004| the provisions of the Podiatry Act;
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0005| (3) adopt and use a seal;
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0006| (4) conduct hearings, administer oaths and
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0007| take testimony on any matters within the board's jurisdiction;
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0008| (5) keep an accurate record of all its
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0009| meetings, receipts and disbursements;
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0010| (6) keep a record of all licensure
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0011| examinations held, together with the names and addresses of all
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0012| persons taking [such] the examinations and the examination
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0013| results [and]. Within forty-five days after any examination,
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0014| the board shall give written notice to each applicant examined
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0015| of the results of the examination as to the respective appli-
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0016|
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0017| cant;
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0018| (7) certify as passing each applicant who
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0019| obtains a [grade of at least sixty percent on each subject
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upon which he is examined and an overall grade of seventy-five
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percent] passing score on examinations administered or
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0022| approved by the board;
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0023| (8) keep [a book] records of registration
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0024| in which the name, address and license number of all licensed
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0025| podiatrists [shall be] are recorded, together with a record
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0001| of all license renewals, suspensions and revocations;
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0002| (9) grant, deny, renew, suspend or revoke
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0003| licenses to practice podiatry or take other actions provided
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0004| in Section 61-1-3 NMSA 1978 in accordance with the provisions
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0005| of the Uniform Licensing Act for any cause stated in the
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0006| Podiatry Act;
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0007| (10) adopt regulations setting standards of
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0008| preliminary and professional qualifications for the practice of
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0009| podiatry;
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0010| [(11) investigate, review and accredit any
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school or college of podiatric medicine requesting
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accreditation and meeting standards set by the board. Such
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standards shall provide that accreditation of a school or
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college of podiatric medicine by the council on podiatry
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education of the American podiatry association is a prerequi-
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site to accreditation by the board;
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(12)] (11) adopt such regulations and
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0019| prepare and administer such examinations for the licensure and
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0020| regulation of podiatric [hygienists] assistants as are
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0021| necessary to protect the public. The regulations shall include
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0022| definitions and limitations on the practice of podiatric [hy-
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gienists] assistants; qualifications for applicants for
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0025| licensure; [a] an initial license fee in an amount not to
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0001| exceed [ten dollars ($10.00)] two hundred fifty dollars
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0002| ($250) and a renewal fee not to exceed one hundred dollars
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0003| ($100) per year; provisions for the regulation of podiatric
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0004| [hygienists] assistants and the suspension or revocation of
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0005| licenses. The qualifications for an applicant for licensure
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0006| shall [require that the applicant has successfully completed
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at least one year of academic education in an institution
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accredited by the council on podiatry education of the American
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podiatry association or holds a current license as a registered
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nurse or a licensed practical nurse] be determined by
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0011| regulation of the board; [and]
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0012| (12) adopt regulations and prepare and
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0013| administer examinations for licensure and regulation of foot
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0014| and ankle radiation technologists; and
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0015| (13) have the power to employ agents or
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0016| attorneys."
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0017| Section 7. Section 61-8-7 NMSA 1978 (being Laws 1977,
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0018| Chapter 221, Section 7) is amended to read:
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0019| "61-8-7. DISPOSITION OF FUNDS--PODIATRY FUND CREATED--
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0020| METHOD OF PAYMENTS--BONDS.--
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0021| A. There is created the "podiatry fund".
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0022| B. All funds received by the board and money
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0023| collected under the Podiatry Act shall be deposited with the
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0024| state treasurer who shall place the same to the credit of the
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0025| podiatry fund.
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0001| C. All payments out of the podiatry fund shall be
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0002| made on vouchers issued and signed by the secretary-treasurer
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0003| of the board upon warrants drawn by the [department]
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0004| secretary of finance and administration in accordance with
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0005| the budget approved by the state budget division of that
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0006| department.
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0007| D. All amounts in the podiatry fund shall be subject
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0008| to the order of the board and shall be used only for the
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0009| purpose of meeting the necessary expenses incurred in:
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0010| (1) the performance of the provisions of the
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0011| Podiatry Act and the powers and duties imposed [thereby] by
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0012| that act; and
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0013| (2) the promotion of education and standards of
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0014| practice in the field of podiatry in New Mexico within the
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0015| budgetary limits.
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0016| E. All [funds which may have] money that has
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0017| accumulated to the credit of the board under any previous law
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0018| shall be transferred to the podiatry fund and shall continue to
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0019| be available for use by the board in accordance with the
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0020| provisions of the Podiatry Act. Balances at the end of the
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0021| fiscal year shall not revert, but shall remain in the podiatry
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0022| fund for use in accordance with the provisions of the Podiatry
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0023| Act.
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0024| [F. The secretary-treasurer and any employee who
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handles money or who certifies the receipt or disbursal of
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money received by the board shall, within thirty days after
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election or employment by the board, execute a bond in
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accordance with the provisions of the Surety Bond Act,
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conditioned on the faithful performance of the duties of the
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office or position and on an accounting of all funds coming
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into his hands.
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G. The secretary-treasurer shall make, at the end of
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each fiscal year, an itemized report to the governor of all
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receipts and disbursements of the board for that fiscal year,
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together with a report of the records and information required
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by the Podiatry Act. A copy of the annual report to the
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governor shall be presented to the board at its annual meeting
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in June or July.]"
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0014| Section 8. Section 61-8-8 NMSA 1978 (being Laws 1977,
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0015| Chapter 221, Section 8) is amended to read:
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0016| "61-8-8. QUALIFICATIONS FOR LICENSURE AS A
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0017| PODIATRIST EXAMINATION.--
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0018| A. Each applicant for licensure as a podiatrist
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0019| shall furnish evidence satisfactory to the board that the
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0020| applicant:
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0021| [A.] (1) has reached the age of majority;
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0022| [B.] (2) is of good moral character; [and
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of temperate habits; and
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C.] (3) has graduated and been awarded a
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0025| doctor of podiatric medicine degree from [a] an accredited
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0001| college of podiatric medicine approved [and accredited by
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regulation of] by the board [and. In the event the
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applicant applies for licensure under the provisions for
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reciprocity, he shall have been awarded a doctor of podiatric
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medicine degree from a school or college of podiatric medicine
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approved and accredited by the board which had a minimum course
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of study of four academic years of instruction or its
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equivalent leading to such degree]; and
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0009| (4) has completed, at a minimum, a one-year
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0010| residency program at an accredited hospital approved by the
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0011| American podiatric medical association council on education.
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0012| B. Each applicant shall file his application under
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0013| oath on forms supplied by the board and shall pay the required
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0014| fees.
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0015| C. An applicant for licensure by examination shall
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0016| submit evidence to the board that he has successfully passed
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0017| the examinations administered by the national board of podiatry
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0018| examiners for students graduating from colleges of podiatry and
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0019| shall furnish the board an official transcript and take such
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0020| clinical and written examinations as the board deems necessary.
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0021| The examinations shall be in English, and the subjects covered
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0022| by the examinations shall be determined by the board and taken
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0023| from subjects taught in accredited colleges of podiatric
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0024| medicine. No applicant for licensure by examination shall be
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0025| licensed who has not received a passing score on all board-
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0001| approved or board-administered examinations."
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0002| Section 9. Section 61-8-9 NMSA 1978 (being Laws 1977,
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0003| Chapter 221, Section 9) is amended to read:
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0004| "61-8-9. LICENSURE BY [EXAMINATION--LICENSURE BY]
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0005| RECIPROCITY. [A. An applicant for licensure by examination
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shall meet the qualifications set forth in Section 67-6-8 NMSA
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1953 shall submit evidence to the board that he has
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successfully passed the examinations administered by the
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national board of podiatry examiners and furnish the board with
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an official transcript thereof, shall file his application
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under oath on forms supplied by the board and shall take such
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oral, clinical and written examinations as the board deems
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necessary. The examinations shall be in the English language,
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and the subjects covered by the examinations shall be
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determined by the board and taken from subjects taught in
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accredited colleges of podiatric medicine. The minimum
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requirements for licensing qualified applicants shall be an
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overall grade average of seventy-five percent and a grade of
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not less than sixty percent in any one subject.
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B.] An applicant for licensure by reciprocity shall
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0021| meet the qualifications set forth in Section [67-6-8 NMSA
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1953] 61-8-8 NMSA 1978, shall file his application under
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0023| oath on forms supplied by the board [which] that conform to
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0024| board regulations on reciprocity, shall furnish proof
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0025| satisfactory to the board of his having been licensed by
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0001| examination in another state [which] that had
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0002| qualifications equal to or exceeding those [required in] of
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0003| this state on the date of his original licensure and shall
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0004| satisfy the board that he holds the degree of doctor of
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0005| podiatric medicine from [a] an accredited college of
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0006| podiatric medicine approved by the board. In addition, each
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0007| applicant for registration [under] pursuant to the
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0008| provisions for [reciprocal] licensure by reciprocity shall
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0009| furnish the board an affidavit from his state board showing
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0010| current registration and the fact that he has been licensed to
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0011| practice podiatry and that he has practiced podiatry for at
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0012| least five consecutive years immediately preceding the filing
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0013| of his application for reciprocal privilege. The applicant
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0014| shall [further furnish an endorsement from his state podiatry
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association or society that the applicant has been a member in
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good standing of such state organization and also of the
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American podiatry association for at least three years
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immediately preceding the filing of his application, and the
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applicant shall] also take and pass such [oral and clinical]
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0020| supplemental examinations as the board deems necessary, [The
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provisions of this paragraph shall be acceptable by the board
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in lieu of the written portion of the examination.
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C. All applicants successfully passing the
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examinations shall be issued a license by the board upon the
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payment of the appropriate fee.
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D. The board shall adopt such regulations as it deems
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necessary to conduct oral, clinical and written examinations
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and shall provide the necessary books, blanks and forms for the
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conduct of such examinations] if required by board
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0005| regulation."
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0006| Section 10. Section 61-8-10 NMSA 1978 (being Laws 1977,
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0007| Chapter 221, Section 10, as amended) is amended to read:
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0008| "61-8-10. LICENSE FEES--LICENSURE UNDER PRIOR LAW--
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0009| RENEWAL.--
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0010| A. [Applicants] An applicant for licensure as a
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0011| podiatrist shall pay the following fees:
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0012| (1) for licensure by [oral, clinical and such
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written] examination [as the board deems necessary, a fee set
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by the board in an amount]:
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0015| (a) an examination fee equal to the cost of
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0016| purchasing the examination, plus an administration fee not to
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0017| exceed fifty percent of the examination fee; and
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0018| (b) an application fee not to exceed five
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0019| hundred dollars ($500) for licensure by examination;
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0020| (2) for licensure on the basis of reciprocity, a
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0021| fee set by the board in an amount not to exceed [five hundred
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dollars ($500)] six hundred dollars ($600);
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0023| [(3) for the issuance of a certificate of
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license, a fee set by the board in an amount not to exceed
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twenty-five dollars ($25.00);
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(4)] (3) for the annual renewal of license on
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0002| or before January 1 of each year, a renewal fee set by the
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0003| board in an amount not to exceed [two hundred dollars ($200)]
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0004| three hundred dollars ($300);
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0005| [(5)] (4) for the late renewal after January
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0006| 1 of each year, a late charge not to exceed fifty dollars
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0007| ($50.00) per month or part thereof commencing on January 2;
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0008| [(6)] (5) in addition to the renewal fees
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0009| and late charges, the applicant for the renewal of a license
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0010| shall pay a reinstatement fee not to exceed two hundred fifty
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0011| dollars ($250) for the first twelve months of delinquency and a
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0012| reinstatement fee of five hundred dollars ($500) for a license
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0013| that has lapsed more than one year but not more than three
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0014| years; and
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0015| [(7)] (6) for the issuance of a temporary
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0016| license, a fee not to exceed one hundred dollars ($100).
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0017| B. If any licensee permits his license to lapse for a
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0018| period of three full years, the license shall automatically be
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0019| canceled and shall not be reinstated.
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0020| C. The provisions of Paragraphs (3), (4) and (5)
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0021| [and (6)] of Subsection A of this section shall not apply to
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0022| licensees who practice in the service of the United States
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0023| whose licenses shall be renewed upon application for such
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0024| renewal within three months after the termination of such
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0025| service.
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0001| D. Current renewal certificates issued by the board
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0002| shall be displayed in the office of the licensee and, in the
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0003| case of the suspension or revocation of a license, no portion
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0004| of a fee or penalty shall be returned.
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0005| E. Any person licensed as a podiatrist under the
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0006| provisions of any prior laws of New Mexico, whose license is
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0007| valid on the effective date of the Podiatry Act, shall be held
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0008| to be licensed under the provisions of the Podiatry Act and
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0009| shall be entitled to the [biennial] renewal of his current
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0010| license [as provided in that law]."
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0011| Section 11. Section 61-8-11 NMSA 1978 (being Laws 1977,
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0012| Chapter 221, Section 11) is amended to read:
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0013| "61-8-11. SUSPENSION, REVOCATION OR REFUSAL OF LICENSE.--
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0014| The board may refuse to issue or may suspend or revoke any
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0015| license or take other action specified in Section 61-1-3 NMSA
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0016| 1978 in accordance with the provisions of the Uniform
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0017| Licensing Act for any one or more of the following reasons:
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0018| A. making a false statement in any [affidavit
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required for] part of an application for licensure,
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0020| examination or registration [under] pursuant to the pro-
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0021|
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0022| visions of the Podiatry Act;
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0023| B. conviction of a crime involving moral turpitude,
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0024| as shown by a certified copy of the record of the court of
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0025| conviction;
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0001| C. the habitual indulgence in the use of narcotics,
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0002| [ardent spirits, stimulants] alcohol or other substances
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0003| [which] that impair intellect and judgment to an extent as
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0004| will, in the opinion of the board, incapacitate a podiatrist
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0005| from the proper performance of his professional duties;
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0006| D. lending the use of one's name to an unlicensed
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0007| podiatrist;
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0008| E. selling, giving or prescribing any compound or
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0009| substance containing narcotic drugs or other controlled
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0010| substances for illegal purposes;
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0011| F. the willful [betrayal of a professional
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confidence] violation of a patient's right to
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0013| confidentiality;
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0014| [G. soliciting the public in any manner prohibited
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by the Podiatry Act;
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H. use of advertising in any manner, except as
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permitted by Subsection B of Section 67-6-13 NMSA 1953;
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I.] G. gross malpractice or incompetency as
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0019| defined by board regulation; or
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0020| [J.] H. any dishonest or unprofessional conduct
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0021| as defined by [regulation of the board] the Podiatry Act
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0022| or regulations adopted pursuant to that act."
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0023| Section 12. Section 61-8-12 NMSA 1978 (being Laws 1977,
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0024| Chapter 221, Section 12) is amended to read:
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0025| "61-8-12. OFFENSES--PENALTIES.--Each of the following
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0001| acts committed by any person constitutes a misdemeanor
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0002| punishable upon conviction by a fine of not less than one
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0003| hundred dollars ($100) [nor] or more than [two hundred
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dollars ($200)] ten thousand dollars ($10,000) or by
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0005| imprisonment not to exceed one year, or both:
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0006| A. practicing or attempting to practice podiatry
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0007| without a current valid license issued by the board;
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0008| B. obtaining registration under the Podiatry Act by
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0009| false or untrue statements to the board or by presenting a
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0010| fraudulent diploma or license to the board;
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0011| C. swearing falsely or giving a false affidavit in
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0012| any proceeding before the board;
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0013| D. advertising or using any designation, diploma or
|
0014| certificate tending to imply that one is a practitioner of
|
0015| podiatry, including the use of the words "chiropodist",
|
0016| "podiatrist", "M.Cp.", "D.S.C.", "D.P.M.", "foot specialist"
|
0017| "foot correctionist", "foot culturist", "foot practipedist",
|
0018| "foot [treatments] doctor" or words of similar import,
|
0019| unless one holds a license or is exempted under the provisions
|
0020| of the Podiatry Act; or
|
0021| E. practicing podiatry during any period of time in
|
0022| which one's license has been revoked or suspended as provided
|
0023| in the Podiatry Act."
|
0024| Section 13. Section 61-8-13 NMSA 1978 (being Laws 1977,
|
0025| Chapter 221, Section 13) is amended to read:
|
0001| "61-8-13. UNPROFESSIONAL CONDUCT--EXCEPTIONS.--
|
0002| A. [It shall be considered] Unprofessional conduct
|
0003| [under] pursuant to Subsection [J] H of Section [67-6-
|
11 NMSA 1953] 61-8-11 NMSA 1978 for any podiatrist licensed
|
0005| [under] pursuant to the provisions of the Podiatry Act
|
0006| [to:
|
(1) employ agents or procurers to secure patients
|
or solicit patients from the public;
|
(2) advertise in newspapers, periodicals,
|
telephone directories, streetcars or buses, motion picture
|
theaters, circulars, booklets or on radio or television;
|
(3) contrive to obtain newspaper, magazine,
|
radio or television comment in cases where the podiatrist is
|
involved;
|
(4) boast of, claim or promise any radical or
|
secret cures, treatments or remedies;
|
(5) advertise his professional capacity as a
|
podiatrist or doctor in any shoe store or in or on any sign
|
relating to footwear;
|
(6) use a fictitious name or designation to
|
represent himself as a podiatrist or as a group or association
|
of podiatrists except that of a professional corporation
|
organized under the laws of New Mexico or a registered
|
partnership registered with the state of New Mexico. Any
|
licensed podiatrist using a fictitious name for three years or
|
more prior to the passage of the Podiatry Act may continue to
|
conduct business under such name; or
|
(7) practice podiatry in conjunction with any
|
barber-shop, beauty parlor, bath house, shoe store, department
|
store or any similar business.] includes using any false or
|
0006| misleading advertising or making any false or misleading
|
0007| statement in communications with patients or potential patients
|
0008| or using any misleading or deceptive title or designation in a
|
0009| name or title of a podiatric practice.
|
0010| B. Nothing in Subsection A of this section shall be
|
0011| construed to prohibit the following acts:
|
0012| (1) publishing in type of ordinary size and
|
0013| style, as opposed to bold or display type, the name, location,
|
0014| office hours and telephone number of any licensed practicing
|
0015| podiatrist in any telephone directory;
|
0016| (2) publishing for a period of not more than ten
|
0017| consecutive days an announcement that the practitioner is
|
0018| opening a new office or practice, providing that [such] the
|
0019| announcement shall be published within thirty days after the
|
0020| opening and shall state only the practitioner's name, location,
|
0021| office hours, telephone number, [his] occupation and the fact
|
0022| of the opening and shall be of a size not to exceed two inches
|
0023| in length and four inches in width and of a type size not
|
0024| heavier nor larger than twelve point gothic with a border not
|
0025| larger than four points;
|
0001| (3) mailing one notice of the opening of a new
|
0002| practice or a notice of the assumption of an established
|
0003| practice consisting of a printed announcement [which] that
|
0004| shall be in an envelope and shall state only the practitioner's
|
0005| name, location, telephone number, office hours and the
|
0006| designation "podiatrist", "foot specialist" or "practice
|
0007| limited to care of feet" and the usual language announcing the
|
0008| opening of an office;
|
0009| (4) maintaining exterior signs about the office
|
0010| of the practitioner, in keeping with the medical and dental
|
0011| community, giving his name, address and occupation. The
|
0012| letters shall be no larger than six inches in height, but neon
|
0013| lights, flashing lights or similar devices shall not be used;
|
0014| and
|
0015| (5) conducting, in conjunction with a majority
|
0016| of the practicing podiatrists of the state or of a given city,
|
0017| a public educational program or informational campaign provided
|
0018| that [such] the program or campaign is approved and
|
0019| endorsed by the state society and done in the name of the
|
0020| society."
|
0021| Section 14. Section 61-8-14 NMSA 1978 (being Laws 1977,
|
0022| Chapter 221, Section 14) is amended to read:
|
0023| "61-8-14. LIMITATION ON LICENSURE--TEMPORARY LICENSE.--
|
0024| A. No license to practice podiatry shall be issued to
|
0025| a corporation, partnership or association; provided, however,
|
0001| that this subsection shall not prohibit licensed podiatrists
|
0002| from associating themselves as otherwise allowed by law in a
|
0003| professional corporation, professional limited liability
|
0004| company, partnership or association for the purpose of
|
0005| practicing podiatry.
|
0006| B. In cases of emergency, the board may grant a
|
0007| temporary license to practice podiatry to persons meeting the
|
0008| requirements of Section [67-6-8 NMSA 1953] 61-8-8 or 61-8-9
|
0009| NMSA 1978, which license shall expire on the date of the next
|
0010| [state] board meeting at which licenses by examination
|
0011| [for licensure] are approved. No person may be issued more
|
0012| than one emergency temporary license.
|
0013| C. To facilitate educational programs, the board may
|
0014| grant temporary licenses to podiatrists participating in such
|
0015| programs under terms and conditions to be established by
|
0016| regulation of the board."
|
0017| Section 15. Section 61-8-15 NMSA 1978 (being Laws 1977,
|
0018| Chapter 221, Section 15) is repealed and a new Section 61-8-15
|
0019| NMSA 1978 is enacted to read:
|
0020| "61-8-15. [NEW MATERIAL] PRIVILEGED COMMUNICATIONS.--
|
0021| Medical and other health care-related information concerning a
|
0022| patient obtained by a podiatrist or by an employee of a
|
0023| podiatrist during the course of examination, diagnosis or
|
0024| treatment; and advice, diagnosis, orders, prescriptions and
|
0025| other health care-related communications from a podiatrist or
|
0001| an employee of a podiatrist are confidential communications
|
0002| protected in courts of law and administrative proceedings by
|
0003| the physician-patient privilege."
|
0004| Section 16. Section 61-8-16 NMSA 1978 (being Laws 1977,
|
0005| Chapter 221, Section 16) is amended to read:
|
0006| "61-8-16. POWER TO ENJOIN VIOLATIONS.--Upon [conviction
|
of] a final determination that any person [for violation
|
of] has violated any provision of the Podiatry Act, the
|
0009| board or any interested person may, in addition to [the
|
penalty herein] other remedies provided in that act,
|
0011| petition the district court for an order restraining and
|
0012| enjoining such person from further or continued violation of
|
0013| the Podiatry Act, and the order may be enforced by contempt
|
0014| proceedings."
|
0015| Section 17. Section 61-8-17 NMSA 1978 (being Laws 1979,
|
0016| Chapter 385, Section 2, as amended) is amended to read:
|
0017| "61-8-17. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--
|
0018| The board of podiatry is terminated on July 1, [1997] 2003
|
0019| pursuant to the Sunset Act. The board shall continue to
|
0020| operate according to the provisions of Chapter 61, Article 8
|
0021| NMSA 1978 until July 1, [1998] 2004. Effective July 1,
|
0022| [1998] 2004, Article 8 of Chapter 61 NMSA 1978 is
|
0023| repealed."
|
0024| State of New Mexico
|
0025| House of Representatives
|
0001|
|
0002| FORTY-THIRD LEGISLATURE
|
0003| FIRST SESSION, 1997
|
0004|
|
0005|
|
0006| March 11, 1997
|
0007|
|
0008|
|
0009| Mr. Speaker:
|
0010|
|
0011| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
|
0012| whom has been referred
|
0013|
|
0014| HOUSE BILL 926
|
0015|
|
0016| has had it under consideration and reports same with
|
0017| recommendation that it DO PASS, amended as follows:
|
0018|
|
0019| 1. On page 1, line 25, strike "and".
|
0020|
|
0021| 2. On page 2, before line 1, insert the following new
|
0022| subsection:
|
0023|
|
0024| "B. "foot and ankle radiation technologist" means a
|
0025| person who takes x-rays of the foot and ankle under the
|
0001| supervision of a podiatrist; and".
|
0002|
|
0003| 3. Reletter the succeeding subsection accordingly.
|
0004|
|
0005| 4. On page 2, lines 5 through 7, remove the brackets and
|
0006| line through "but does not include amputation of the foot or the
|
0007| personal administration of a general anesthetic".
|
0008|
|
0009| 5. On page 5, line 19, after "hold" insert "a".
|
0010|
|
0011| 6. On page 5, line 19, strike "meetings" and insert in lieu
|
0012| thereof "meeting".
|
0013|
|
0014| 7. On page 9, line 5, strike "and regulation".
|
0015|
|
0016| 8. On page 11, line 14, remove the brackets and line
|
0017| through "a" and strike "an accredited".
|
0018|
|
0019| 9. On page 11, line 15, after "medicine" strike the
|
0020| remainder of the line and on line 16, strike "the board" and
|
0021| insert in lieu thereof "accredited by the American podiatric
|
0022| medical association council on education".
|
0023|
|
0024| 10. On page 11, line 23, strike "approved" and insert in
|
0025| lieu thereof "accredited".
|
0001|
|
0002| 11. On page 13, line 17, remove the brackets and line
|
0003| through "a" and strike "an accredited".
|
0004|
|
0005| 12. On page 13, line 18, strike "approved by the board" and
|
0006| insert in lieu thereof "accredited by the American podiatric
|
0007| medical association council on education".
|
0008|
|
0009| 13. On page 21, line 21, after "campaign" strike the
|
0010| remainder of the line, strike all of line 22 and strike line 23
|
0011| up to the period.
|
0012|
|
0013| 14. On page 22, line 18, strike "to be".
|
0014|
|
0015| 15. On page 23, between lines 24 and 25, insert the
|
0016| following new section:
|
0017|
|
0018| "Section 18. EFFECTIVE DATE.--The effective date of the
|
0019| provisions of this act is July 1, 1997.".,
|
0020|
|
0021| and thence referred to the BUSINESS AND INDUSTRY
|
0022| COMMITTEE.
|
0023|
|
0024|
|
0025| Respectfully submitted,
|
0001|
|
0002|
|
0003|
|
0004|
|
0005|
|
0006|
|
0007| Gary King, Chairman
|
0008|
|
0009|
|
0010| Adopted Not Adopted
|
0011| (Chief Clerk)
|
0012| (Chief Clerk)
|
0013|
|
0014| Date
|
0015|
|
0016| The roll call vote was 7 For 0 Against
|
0017| Yes: 7
|
0018| Excused: Rios, Vaughn, Vigil
|
0019| Absent: None
|
0020|
|
0021|
|
0022| .118115.1
|
0023| G:\BILLTEXT\BILLW_97\H0926 State of New Mexico
|
0024| House of Representatives
|
0025|
|
0001| FORTY-THIRD LEGISLATURE
|
0002| FIRST SESSION, 1997
|
0003|
|
0004|
|
0005| March 13, 1997
|
0006|
|
0007|
|
0008| Mr. Speaker:
|
0009|
|
0010| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
|
0011| been referred
|
0012|
|
0013| HOUSE BILL 926, as amended
|
0014|
|
0015| has had it under consideration and reports same with
|
0016| recommendation that it DO PASS, and thence referred to the
|
0017| APPROPRIATIONS AND FINANCE COMMITTEE.
|
0018|
|
0019|
|
0020| Respectfully submitted,
|
0021|
|
0022|
|
0023|
|
0024|
|
0025|
|
0001|
|
0002| Fred Luna, Chairman
|
0003|
|
0004|
|
0005| Adopted Not Adopted
|
0006| (Chief Clerk)
|
0007| (Chief Clerk)
|
0008|
|
0009| Date
|
0010|
|
0011| The roll call vote was 10 For 0 Against
|
0012| Yes: 10
|
0013| Excused: Alwin, Getty, Kissner
|
0014| Absent: None
|
0015|
|
0016|
|
0017| G:\BILLTEXT\BILLW_97\H0926
|