2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-14 - Consumer protection. (Repealed effective July 1, 2028.)

A. Any person, including a licensee; corporation; insurance company; health care organization; health care facility; and state, federal or local governmental agency, shall report to the board any conviction, determination or finding that a licensee has committed an act that constitutes a violation of the Physical Therapy Act. The person is immune from civil liability for providing information in good faith to the board. Failure by a licensee to report a violation of the Physical Therapy Act shall constitute grounds for disciplinary action.
B. The board may permit an impaired physical therapist or assistive personnel to actively participate in a board-approved substance abuse treatment program under the following conditions:
(1) the board has evidence indicating that the licensee is an impaired professional;
(2) the licensee has not been convicted of a felony relating to a controlled substance in a court of law of the United States or any other territory or country;
(3) the impaired professional enters into a written agreement with the board and complies with all the terms of the agreement, including making satisfactory progress in the program and adhering to any limitations on his practice imposed by the board to protect the public. Failure to enter into such an agreement shall disqualify the professional from the voluntary substance abuse program; and
(4) as part of the agreement established between the licensee and the board, the licensee shall sign a waiver allowing the substance abuse program to release information to the board if the licensee does not comply with the requirements of this section or is unable to practice with reasonable skill or safety.
C. The public shall have access to information pursuant to the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978].
D. The board shall conduct its meetings and disciplinary hearings in accordance with the Open Meetings Act [Chapter 10, Article 15 NMSA 1978].
E. Physical therapists and physical therapist assistants shall disclose in writing to patients if the referring health care practitioner is deriving direct or indirect compensation from the referral to physical therapy.
F. Physical therapists and physical therapist assistants shall disclose any financial interest in products they endorse and recommend to their patients.
G. The licensee has the responsibility to ensure that the patient has knowledge of freedom of choice in services and products.
H. The physical therapist or physical therapist assistant shall not promote an unnecessary device, treatment intervention or service for the financial gain of himself or another person.
I. The physical therapist or physical therapist assistant shall not provide treatment intervention unwarranted by the condition of the patient, nor shall he continue treatment beyond the point of reasonable benefit.
J. A person may submit a complaint regarding a physical therapist, physical therapist assistant or other person potentially in violation of the Physical Therapy Act. The board shall keep all information relating to the receiving and investigation of complaints filed against licensees confidential until the information becomes public record according to the Inspection of Public Records Act.
K. Each licensee shall display a copy of his license and current renewal verification in a location accessible to public view at his place of practice.
History:
Laws 1997, ch. 89, § 14.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.