reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11A - Impaired Pharmacists › Section 61-11A-5 - Board referral.

A. The board shall inform each pharmacist referred to the program by board action of the procedures followed in the program, of the rights and responsibilities of the pharmacist in the program and of the possible consequences of noncompliance with the program.
B. Failure to comply with any treatment provision of a program may result in termination of the participation by the pharmacist in the program. The name and license number of a pharmacist who is terminated for failure to comply with the treatment provisions of a program shall be reported to the board.
C. Participation in a program under this section shall not be a defense to any disciplinary action which may be taken by the board. Further, no provision of this section shall preclude the board from commencing disciplinary action against a licensee who is terminated from a program pursuant to this section.
History:
Laws 1987, ch. 284, § 5.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11A - Impaired Pharmacists › Section 61-11A-6 - Voluntary participation.

A. The committee shall inform each pharmacist who voluntarily participates in the impairment program without referral by the board of the procedures followed in the program, of the rights and responsibilities of the pharmacist in the program and of the possible consequences of noncompliance with the program.
B. The board shall be informed of the failure of a pharmacist to comply with any treatment provision of a program if the committee determines that the resumption of his practice of pharmacy would pose a threat to the health and safety of the public.
C. Participation in a program under this section shall not be a defense to any disciplinary action which may be taken by the board. Further, no provision of this section shall preclude the board from commencing disciplinary action against a licensee who is terminated from a program pursuant to this section.
History:
Laws 1987, ch. 284, § 6.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11A - Impaired Pharmacists › Section 61-11A-7 - Review activities.

The board shall review the activities of the committee on a quarterly basis. As part of this evaluation, the board shall review files of all participants in the impairment program. Names of those pharmacists who entered the program voluntarily without the knowledge of the board shall remain confidential from the board except when monitoring by the board reveals misdiagnosis, case mismanagement or noncompliance by the participant.
History:
Laws 1987, ch. 284, § 7.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11A - Impaired Pharmacists › Section 61-11A-8 - Civil liability.

No member of the board or the committee or any board-approved intervenor shall be liable for any civil damages because of acts or omissions which may occur while acting in good faith pursuant to the Impaired Pharmacists Act.
History:
Laws 1987, ch. 284, § 8.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11B - Pharmacist Prescription Authority › Section 61-11B-1 - Short title.

This act [61-11B-1 to 61-11B-3 NMSA 1978] may be cited as the "Pharmacist Prescriptive Authority Act".
History:
Laws 1993, ch. 191, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability of pharmacist who accurately fills prescription for harm resulting to user, 44 A.L.R.5th 393.
Construction and application of learned-intermediary doctrine, 57 A.L.R.5th 1.
Civil liability of pharmacist or druggist for failure to warn of potential drug interactions in use of prescription drug, 79 A.L.R.5th 409.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 11B - Pharmacist Prescription Authority › Section 61-11B-2 - Definitions.

As used in the Pharmacist Prescriptive Authority Act:
A. "administer" means the direct application of a drug by any means to the body of a person;
B. "board" means the board of pharmacy;
C. "dangerous drug" means a drug that, because of any potentiality for harmful effect or the methods of its use or the collateral measures necessary to its use, is not safe except under the supervision of a practitioner licensed by law to direct the use of such drug and the drug prior to dispensing is required by federal law and state law to bear the manufacturer's legend of "Caution: federal law prohibits dispensing without prescription." or "RX only";
D. "guidelines or protocol" means a written agreement between a pharmacist clinician or group of pharmacist clinicians and a practitioner or group of practitioners that delegates prescriptive authority;
E. "monitor dangerous drug therapy" means the review of the dangerous drug therapy regimen of patients by a pharmacist clinician for the purpose of evaluating and rendering advice to the prescribing practitioner regarding adjustment of the regimen. "Monitor dangerous drug therapy" includes:
(1) collecting and reviewing patient dangerous drug histories;
(2) measuring and reviewing routine patient vital signs, including pulse, temperature, blood pressure and respiration; and
(3) ordering and evaluating the results of laboratory tests relating to dangerous drug therapy, including blood chemistries and cell counts, controlled substance therapy levels, blood, urine, tissue or other body fluids, culture and sensitivity tests when performed in accordance with guidelines or protocols applicable to the practice setting;
F. "pharmacist" means a person duly licensed by the board to engage in the practice of pharmacy pursuant to the Pharmacy Act;
G. "pharmacist clinician" means a pharmacist with additional training, at least equivalent to the training received by a physician assistant, required by regulations adopted by the board in consultation with the New Mexico board of medical examiners [New Mexico medical board] and the New Mexico academy of physician assistants, who exercises prescriptive authority in accordance with guidelines or protocol;
H. "practitioner" means a physician duly authorized by law in New Mexico to prescribe controlled substances; and
I. "prescriptive authority" means the authority to prescribe, administer or modify dangerous drug therapy.
History:
Laws 1993, ch. 191, § 2; 1995, ch. 121, § 1; 1999, ch. 298, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was insulted by the compiler and is not part of the law.
The 1999 amendment,
effective June 18, 1999, added "or 'RX only'" at the end of Subsection C and deleted "of pharmacy" following "board" in Subsection F.
The 1995 amendment,
effective July 1, 1995, added Subsection A, redesignated the remaining subsections accordingly, made minor stylistic changes in Subsection E, and inserted "administer" in Subsection I.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12 - Physical Therapy (Repealed.) › Section 61-12-1 to 61-12-21 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1997, ch. 89, § 21 repealed 61-12-1 to 61-12-21 NMSA 1978, relating to physical therapy, effective July 1, 1997. For provisions of former sections,
see
the 1996 NMSA on
NMOneSource.com.
For present comparable provisions,
see
61-12D-1 NMSA 1978 et seq.
Compiler's notes.
— Section 61-12-21 NMSA 1978 was amended by Laws 1997, ch. 46, § 12 to extend the sunset dates of Chapter 61, Article 12 NMSA 1978. However, due to the repeal of the article by Laws 1997, ch. 89, § 21, the amendment was not set out.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-1 - Short title. (Repealed effective July 1, 2028.)

Chapter 61, Article 12A NMSA 1978 may be cited as the "Occupational Therapy Act".
History:
1978 Comp., § 61-12A-1, enacted by Laws 1996, ch. 55, § 1; 2005, ch. 199, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 55, § 27 repealed 61-12A-1 NMSA 1978, as enacted by Laws 1983, ch. 267, § 1, and § 1 of that act enacted a new section, effective July 1, 1996.
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
The 2005 amendment,
effective July 1, 2005, added the statutory reference to the act.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-2 - Purpose. (Repealed effective July 1, 2028.)

It is the purpose of the Occupational Therapy Act to provide for the regulation of persons offering occupational therapy services to the public in order to safeguard the public health, safety and welfare; to protect the public from being misled by incompetent and unauthorized persons; to assure the highest degree of professional conduct on the part of occupational therapists and occupational therapy assistants; and to assure the availability of occupational therapy services of high quality to persons in need of such services.
History:
1978 Comp., § 61-12A-2, enacted by Laws 1996, ch. 55, § 2; 2005, ch. 199, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 55, § 27 repealed 61-12A-2 NMSA 1978, as enacted by Laws 1983, ch. 267, § 2, relating to definitions, and § 2 of that act enacted a new section, effective July 1, 1996.
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
The 2005 amendment,
effective July 1, 2005, changed "registered occupational therapists" to "occupational therapists" and changed "certified occupational therapy assistants" to "occupational therapy assistants".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-5 - Supervision; required; defined. (Repealed effective July 1, 2028.)

Occupational therapy shall not be performed by an occupational therapy assistant or by any person practicing on a provisional permit unless the occupational therapy is supervised by an occupational therapist. The board shall adopt rules defining supervision.
History:
1978 Comp., § 61-12A-5, enacted by Laws 1996, ch. 55, § 5; 2005, ch. 199, § 5; 2019, ch. 5, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 55, § 27 repealed 61-12A-5 NMSA 1978, as amended by Laws 1989, ch. 58 § 1, relating to the board of occupational therapy practice, and § 5 of that act enacted a new section, effective July 1, 1996.
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
The 2019 amendment,
effective June 14, 2019, revised the provision requiring occupational assistants or any person practicing on a provisional permit to be supervised by an occupational therapist; deleted subsection designation "A"; after "occupational therapy assistant", deleted "occupational therapy aide or technician", after "unless", deleted "such" and added "the occupational", and after "defining supervision", deleted "which definitions may include various categories such as 'close supervision', 'routine supervision' and 'general supervision'"; and deleted Subsection B.
The 2005 amendment,
effective July 1, 2005, added Subsection B to describe an occupational therapy aide or technician.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-6 - License required. (Repealed effective July 1, 2028.)

A. Unless licensed to practice the level of occupational therapy provided in the Occupational Therapy Act, a person shall not practice as an occupational therapist or occupational therapy assistant.
B. It is unlawful for a person not licensed pursuant to the Occupational Therapy Act or whose license has been denied, suspended or revoked in this or another state to hold himself out as an occupational therapist or occupational therapy assistant or to use words or titles containing "occupational therapist" or "occupational therapy assistant" that would indicate or imply that the person is licensed as an occupational therapist or occupational therapy assistant.
C. A facility or employer shall not represent that it offers occupational therapy unless it uses the services of a licensee pursuant to the provisions of the Occupational Therapy Act.
D. A person offering or assisting in the offering of occupational therapy shall be properly identified by a name badge or other identification indicating whether the person is an occupational therapist, an occupational therapy assistant, an occupational therapy aide or technician or a person practicing under a provisional permit.
History:
1978 Comp., § 61-12A-6, enacted by Laws 1996, ch. 55, § 6; 2005, ch. 199, § 6.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 55, § 27 repealed 61-12A-6 NMSA 1978, as enacted by Laws 1983, ch. 267, § 6, relating to powers and duties of the board, and § 6 of that act enacted a new section, effective July 1, 1996.
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
The 2005 amendment,
effective July 1, 2005, deleted "certified" and "registered" as qualifications to the terms "occupational therapy assistant" and "occupational therapist" respectively.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-7 - Exemptions. (Repealed effective July 1, 2028.)

Nothing in the Occupational Therapy Act shall be construed as preventing or restricting the practice, services or activities of:
A. a person engaged in the profession or occupation for which he is licensed in New Mexico;
B. a person lawfully engaged in a profession or occupation known by a name other than occupational therapy when engaged in that profession or occupation;
C. a person pursuing a course of study leading to a degree or certificate in occupational therapy in an educational program accredited or seeking accreditation by the accreditation council of occupational therapy education if the activities and services constitute part of the supervised course of study and if that person is designated by a title that clearly indicates his status as a student or trainee;
D. a person fulfilling the supervised student field work experience requirement pursuant to the Occupational Therapy Act if the activities and services constitute part of the experience necessary to meet that requirement; and
E. an occupational therapist or occupational therapy assistant licensed in another state from conducting continuing education, workshops or seminars in New Mexico.
History:
1978 Comp., § 61-12A-7, enacted by Laws 1996, ch. 55, § 7.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 55, § 27 repealed 61-12A-7 NMSA 1978, as enacted by Laws 1983, ch. 267, § 7, relating to administrative provisions of the board, and § 7 of that act enacted a new section, effective July 1, 1996.
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-9 - Board; powers and duties. (Repealed effective July 1, 2028.)

A. The board shall:
(1) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to carry out the provisions of the Occupational Therapy Act;
(2) use funds to meet the necessary expenses incurred in carrying out the provisions of the Occupational Therapy Act;
(3) adopt a code of ethics;
(4) enforce the provisions of the Occupational Therapy Act to protect the public by conducting hearings on charges relating to the discipline of licensees, including the denial, suspension or revocation of a license in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978];
(5) establish and collect fees;
(6) provide for examination for and issuance, renewal and reinstatement of licenses;
(7) establish, impose, collect and remit fines for violations of the Occupational Therapy Act to the current school fund;
(8) appoint a registrar to keep records and minutes necessary to carry out the functions of the board; and
(9) obtain the legal assistance of the attorney general.
B. The board may:
(1) issue investigative subpoenas for the purpose of investigating complaints against licensees prior to the issuance of a notice of contemplated action;
(2) hire or contract with an investigator to investigate complaints that have been filed with the board. The board shall set the compensation of the investigator to be paid from the funds of the board;
(3) inspect establishments; and
(4) designate hearing officers.
History:
1978 Comp., § 61-12A-9, enacted by Laws 1996, ch. 55, § 9; 2003, ch. 408, § 14; 2022, ch. 39, § 46.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 55, § 27 repealed 61-12A-9 NMSA 1978, as enacted by Laws 1983, ch. 267, § 9, relating to the registrar, and § 9 of that act enacted a new section, effective July 1, 1996.
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, clarified that the board of examiners for occupational therapy is required to follow the provisions of the State Rules Act when promulgating rules and is required to follow the provisions of the Uniform Licensing Act for licensing and disciplinary matters, and required the board to remit money collected in fines to the current school fund; in Subsection A, Paragraph A(1), deleted "adopt, file, amend or repeal" and added "promulgate", after "rules", deleted "and regulations", and after "in accordance with the", deleted "Uniform Licensing" and added "State Rules", in Paragraph A(4), after "revocation of a license", added "in accordance with the Uniform Licensing Act", and in Paragraph A(7), after "collect", added "and remit", and after "Occupational Therapy Act", added "to the current school fund".
The 2003 amendment,
effective July 1, 2003, deleted former Paragraph B(1), concerning hire of attorney, and redesignated the subsequent paragraphs accordingly.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-10 - Board; administrative procedures. (Repealed effective July 1, 2028.)

The board shall appoint a registrar who is either the board member elected as the secretary-treasurer or such other person as the board may designate who is an employee of the state. The registrar of the board may receive reimbursement for necessary expenses incurred in carrying out his duties. The registrar shall keep a written record in which shall be registered the name, license number, date of license issuance, current address, record of annual license fee payments, minutes and any other data as the board deems necessary regarding licensees.
History:
1978 Comp., § 61-12A-10, enacted by Laws 1996, ch. 55, § 10; 2003, ch. 408, § 15.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 55, § 27 repealed 61-12A-10 NMSA 1978, as enacted by Laws 1983, ch. 267, § 10, relating to issuance of license, and § 10 of that act enacted a new section, effective July 1, 1996.
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, deleted former Subsection A, concerning employment and discharge; deleted the Subsection B designation; deleted "the board or" following "is an employee of" near the end of the first sentence; and deleted "and, if he is an employee, such compensation as the board may set" following "carrying out his duties" at the end of the second sentence.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-12 - Examinations. (Repealed effective July 1, 2028.)

The board shall require proof of passage of the national board for certification in occupational therapy examination. The board may require each applicant to pass an examination on the state laws and rules that pertain to the practice of occupational therapy.
History:
1978 Comp., § 61-12A-12, enacted by Laws 1996, ch. 55, § 12; 2005, ch. 199, § 9.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 55, § 27 repealed 61-12A-12 NMSA 1978, as enacted by Laws 1983, ch. 267, § 12, relating to renewal of license, and § 12 of that act enacted a new section, effective July 1, 1996.
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
The 2005 amendment,
effective July 1, 2005, deleted reference to the American occupational therapy certification board and deleted reference to regulations that pertain to the practice of occupational therapy.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-13 - Provisional permits. (Repealed effective July 1, 2028.)

A provisional permit may be granted to a person who has completed the education and experience requirements of the Occupational Therapy Act. The permit shall allow the person to practice occupational therapy under the supervision of an occupational therapist. The provisional permit shall be valid until the date on which the results of the next qualifying examination have been made public. The provisional permit shall not be renewed if the applicant has failed the examination. The board shall verify, as necessary, information contained on the completed application and any supporting documentation required to obtain a license.
History:
1978 Comp., § 61-12A-13, enacted by Laws 1996, ch. 55, § 13; 2005, ch. 199, § 10.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 55, § 27 repealed 61-12A-13 NMSA 1978, as enacted by Laws 1983, ch. 267, § 13, relating to requirements for licensure, and § 13 of that act enacted a new section, effective July 1, 1996.
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
The 2005 amendment,
effective July 1, 2005, changed "a registered occupational therapist" to "an occupational therapist".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-15 - License renewal. (Repealed effective July 1, 2028.)

A. Each renewal request shall contain the person's name, address and license number. After receipt of information and fees as prescribed by this section, the board shall issue a license certificate.
B. Licenses issued pursuant to the Occupational Therapy Act are subject to annual renewal upon submission of a renewal form provided by the board, payment of the annual renewal fee and the required proof of continuing education units or proof of competency as prescribed by the board. A license not renewed on the annual renewal date is expired.
C. If a person's license has been expired for five years or less, the person may renew the license upon submission of a renewal form provided by the board, the payment of the annual renewal fee, a late fee and the required proof of continuing education units for the period the license has been expired or proof of competency as prescribed by the board. If a person's license has been expired for more than five years, the person may not renew the license. The person may obtain a new license by compliance with the requirements and procedures for obtaining an original license and any additional proof of competency requested by the board.
D. If a person's license has been suspended, it shall not be renewed until it has been reinstated by the board. If a person's license has been suspended it is still subject to annual renewal. The person may renew the license as provided in this section, but renewal does not entitle the licensee, while the license is suspended, to engage in the licensed activity or in any other conduct or activity in violation of the order or judgment by which the license was suspended.
E. If a person's license has been revoked on disciplinary grounds, and has been reinstated by the board, the licensee shall pay the annual renewal fee and any applicable late fee as a condition of reinstatement.
History:
1978 Comp., § 61-12A-15, enacted by Laws 1996, ch. 55, § 15.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 55, § 27 repealed 61-12A-15 NMSA 1978, as enacted by Laws 1983, ch. 267, § 15, relating to denial of application, and § 15 of that act enacted a new section, effective July 1, 1996.
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-16 - Display of license. (Repealed effective July 1, 2028.)

A. Each licensee shall display his current license certificate in a conspicuous place in the principal office where he practices occupational therapy. At secondary places of employment, documentation of license shall be verified by photocopy with a note attached indicating where the current license certificate is posted.
B. A consumer information sign shall be displayed in the principal place of practice. The consumer information sign shall read:
"Complaints regarding noncompliance with the Occupational Therapy Act can be directed to the board of examiners for occupational therapy."
History:
1978 Comp., § 61-12A-16, enacted by Laws 1996, ch. 55, § 16.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 55, § 27 repealed 61-12A-16 NMSA 1978, as enacted by Laws 1983, ch. 267, § 16, relating to right of review, and § 16 of that act enacted a new section, effective July 1, 1996.
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-17 - Inactive licenses. (Repealed effective July 1, 2028.)

A license in good standing may be transferred to inactive status upon written request to the board and payment of an annual inactive status fee as set by the board. Such request shall be made prior to the expiration of the license. The licensee shall not practice in New Mexico during the time the license is inactive. A licensee may reactivate his license upon submission of a renewal form provided by the board, the payment of the annual renewal fee for the current year, proof of continuing education units for the period of inactive status and any additional proof of competency requested and prescribed by the board.
History:
1978 Comp., § 61-12A-17, enacted by Laws 1996, ch. 55, § 17.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 55, § 27 repealed 61-12A-17 NMSA 1978, as amended by Laws 1989, ch. 58, § 2, relating to board funds, and § 17 of that act enacted a new section, effective July 1, 1996.
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-18 - Fees. (Repealed effective July 1, 2028.)

Except as provided in Section 61-1-34 NMSA 1978, the board shall establish a schedule of reasonable fees, including an initial licensure fee, an annual renewal fee, an examination fee, a late renewal fee and an inactive status fee. The initial licensure fee is not refundable and shall cover the cost of processing the application and shall include, for successful applicants, the initial annual renewal fee. The board may impose reasonable administration and duplicating fees or any penalties deemed appropriate.
History:
1978 Comp., § 61-12A-18, enacted by Laws 1996, ch. 55, § 18; 2020, ch. 6, § 30.
ANNOTATIONS
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
Repeals and reenactments.
— Laws 1996, ch. 55, § 27 repealed 61-12A-18 NMSA 1978, as enacted by Laws 1983, ch. 267, § 18, relating to powers of the board, and § 18 of that act enacted a new section, effective July 1, 1996.
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and added "Except as provided in Section 61-1-34 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-19 - Uniform Licensing Act. (Repealed effective July 1, 2028.)

The Occupational Therapy Act is enforceable according to the procedures set forth in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978].
History:
1978 Comp., § 61-12A-19, enacted by Laws 1996, ch. 55, § 19.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 55, § 27 repealed 61-12A-19 NMSA 1978, as enacted by Laws 1983, ch. 267, § 19, relating to license registration fees, and § 19 of that act enacted a new section, effective July 1, 1996.
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-20 - Fund created. (Repealed effective July 1, 2028.)

A. The "board of examiners for occupational therapy fund" is created in the state treasury.
B. Money received by the board pursuant to the Occupational Therapy Act shall be deposited in the fund. Money in the fund shall not revert to the general fund at the end of any fiscal year.
C. Money in the fund is appropriated solely to the board for the purpose of meeting the necessary expenses incurred in carrying out the provisions of the Occupational Therapy Act.
History:
1978 Comp., § 61-12A-20, enacted by Laws 1996, ch. 55, § 20.
ANNOTATIONS
Repeals and reenactments.
— Laws 1996, ch. 55, § 27 repealed 61-12A-20 NMSA 1978, as amended by Laws 1989, ch. 58, § 3, relating to termination of agency life, and § 20 of that act enacted a new section, effective July 1, 1996.
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-21 - Penalties. (Repealed effective July 1, 2028.)

A. An unlicensed person, other than an occupational therapy aide or technician, occupational therapy student or occupational therapy assistant student or person practicing under a provisional permit, who practices occupational therapy is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to Section 31-19-1 NMSA 1978.
B. A person who represents that he offers occupational therapy services without utilizing a licensee is in violation of the Occupational Therapy Act and shall be subject to a fine equal to ten percent of billed charges for those services. In addition, the violator shall be required to utilize the services of a licensee in order to provide occupational therapy services.
C. The board shall deny an application for licensure if it finds that the applicant made false statements or provided false information in connection with an application for licensure.
History:
Laws 1996, ch. 55, § 21.
ANNOTATIONS
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-22 - Disciplinary action; denial, suspension or revocation. (Repealed effective July 1, 2028.)

In accordance with procedures established by the Uniform Licensing Act [61-1-to 61-1-31 NMSA 1978], the board may deny, suspend or revoke any license or permit held or applied for under the Occupational Therapy Act upon the grounds that the licensee or applicant is incompetent, impaired or has engaged in unethical behavior. The board shall define such grounds by regulation. Disciplinary sanctions may also include probation, censure or reprimand, according to board regulations.
History:
Laws 1996, ch. 55, § 22.
ANNOTATIONS
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-23 - Criminal Offender Employment Act. (Repealed effective July 1, 2028.)

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Occupational Therapy Act.
History:
Laws 1996, ch. 55, § 23.
ANNOTATIONS
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-24 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)

The board of examiners for occupational therapy is terminated on July 1, 2027 pursuant to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Occupational Therapy Act until July 1, 2028. Effective July 1, 2028, the Occupational Therapy Act is repealed.
History:
Laws 1996, ch. 55, § 24; 1997, ch. 46, § 13; 2005, ch. 199, § 12; 2005, ch. 208, § 7; 2015, ch. 119, § 11; 2021, ch. 50, § 7.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, extended the sunset date for the board of examiners for occupational therapy, and changed "July 1, 2021" to "July 1, 2027" and "July 1, 2022" to "July 1, 2028".
The 2015 amendment,
effective June 19, 2015, extended the termination date for the board of examiners for occupational therapy to July 1, 2021, and the repeal date to July 1, 2022.
The 2005 amendment,
effective June 17, 2005, changed the termination date of the board of examiners from July 1, 2005 to July 1, 2015, changed the date to which the board shall continue to operate from July 1, 2006 to July 1, 2016 and changed the effective repeal date from July 1, 2006 to July 1, 2016.
The 1997 amendment,
effective June 20, 1997, substituted "2005" for "1997" in the first sentence, and substituted "2006" for "1998" in the second and third sentences.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12A - Occupational Therapy › Section 61-12A-25 - Applicability to other health professions. (Repealed effective July 1, 2028.)

Nothing in the Occupational Therapy Act shall be construed as limiting the practice of other licensed and qualified health professionals in their specific disciplines.
History:
Laws 2019, ch. 5, § 4.
ANNOTATIONS
Delayed repeals.
— For the delayed repeal of this section,
see
61-12A-24 NMSA 1978.
Effective dates.
— Laws 2019, ch. 5, § 4, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12B - Respiratory Care › Section 61-12B-1 - Short title. (Repealed effective July 1, 2028.)

Chapter 61, Article 12B NMSA 1978 may be cited as the "Respiratory Care Act".
History:
Laws 1984, ch. 103, § 1; 2001, ch. 188, § 2.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12B-16 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, substituted "Chapter 61, Article 12B NMSA 1978" for "This act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12B - Respiratory Care › Section 61-12B-2 - Purpose of act. (Repealed effective July 1, 2028.)

In the interest of public health, safety and welfare and to protect the public from the unprofessional, improper, incompetent and unlawful practice of respiratory care, it is necessary to provide laws and rules to govern the practice of respiratory care. The primary purpose of the Respiratory Care Act is to safeguard life and health and to promote the public welfare by licensing and regulating the practice of respiratory care in the state.
History:
Laws 1984, ch. 103, § 2; 2001, ch. 188, § 3.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12B-16 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, inserted the first sentence and "primary" in the second sentence.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12B - Respiratory Care › Section 61-12B-7 - Licensing by training and examination. (Repealed effective July 1, 2028.)

A person desiring to become licensed as a respiratory care practitioner shall make application to the department on a written form and in such manner as the department prescribes, pay all required application fees and certify and furnish evidence to the department that the applicant:
A. has successfully completed a training program as defined in the Respiratory Care Act and set forth by rules of the department;
B. has passed an entry level examination, as specified by rules of the department, for respiratory care practitioners administered by the national board for respiratory care or a successor board; and
C. has successfully completed other training or education programs and passed other examinations as set forth by rules of the department.
History:
Laws 1984, ch. 103, § 7; 1993, ch. 150, § 4; 2001, ch. 188, § 8; 2022, ch. 39, § 49.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12B-16 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, revised qualifications for licensure as a respiratory care practitioner; deleted Subsection C, which provided "is of good moral character"; and redesignated former Subsection D as Subsection C.
The 2001 amendment,
effective June 15, 2001, deleted the former Subsection A designation and redesignated former Paragraphs A(1) to (4) as Subsections A to D; and deleted former Subsection B which read "The department, in consultation with the board, shall develop rules and regulations that describe the scope and qualifications for expanded practice roles of respiratory care practitioners".
The 1993 amendment,
effective June 18, 1993, substituted the language beginning "the national board" for "a nationally recognized organization for respiratory care" at the end of Paragraph (2) of Subsection A and added Subsection B.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12B - Respiratory Care › Section 61-12B-9 - Other licensing provisions. (Repealed effective July 1, 2028.)

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. 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. 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. 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. A respiratory care practitioner license shall expire on September 30, annually or biennially, as provided by rules of the department.
History:
Laws 1984, ch. 103, § 9; 1987, ch. 329, § 3; 1993, ch. 150, § 6; 1996, ch. 51, § 10; 2001, ch. 188, § 10.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12B-16 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, in Subsections A and B, deleted "and regulations" following "rules"; in Subsection B, deleted "for the purposes of the Respiratory Care Act" following "defining"; deleted "and shall be displayed in the licensee's place of business" from the end of Subsection C; in Subsection E, substituted "kept on file" for "displayed" and inserted "or temporary permittee's"; and rewrote Subsection F, which formerly read "Licenses, including initial licenses, shall be issued for a period of two years".
The 1996 amendment,
effective March 5, 1996, made stylistic changes in Subsections A and D, added "and shall be displayed in the licensee's place of business" at the end of Subsection B, and substituted "displayed" for "kept on file" in Subsection E.
The 1993 amendment,
effective June 18, 1993, in Subsection E, inserted "copy of the" preceding "valid" and substituted "kept on file" for "displayed".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12B - Respiratory Care › Section 61-12B-10 - Licensure; date required. (Repealed effective July 1, 2028.)

The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern consideration of criminal records required or permitted by the Respiratory Care Act.
History:
Laws 1984, ch. 103, § 10; 2001, ch. 188, § 11.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12B-16 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, rewrote the section which formerly read "No person shall be required to be licensed as a respiratory care practitioner until October 1, 1984."
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12B - Respiratory Care › Section 61-12B-11 - Fees. (Repealed effective July 1, 2028.)

A. Except as provided in Section 61-1-34 NMSA 1978, 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).
History:
Laws 1984, ch. 103, § 11; 1987, ch. 329, § 4; 2001, ch. 188, § 12; 2020, ch. 6, § 31.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12B-16 NMSA 1978.
The 2020 amendment,
effective July 1, 2020, provided an exception to the licensure fee for qualified military service members, their spouses and dependent children, and for certain veterans; and in Subsection A, added "Except as provided in Section 61-1-34 NMSA 1978".
The 2001 amendment,
effective June 15, 2001, in Subsection A, inserted "by rule" preceding "establish"; and in Subsection C, deleted "biennial" preceding "license".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12B - Respiratory Care › Section 61-12B-13 - Respiratory care fund created; disposition; method of payment. (Repealed effective July 1, 2028.)

A. There is created in the state treasury the "respiratory care fund".
B. All funds received by the superintendent and money collected under the Respiratory Care Act shall be deposited with the state treasurer. The state treasurer shall place the money to the credit of the respiratory care fund.
C. All amounts paid into the respiratory care fund shall be expended only pursuant to appropriation by the legislature and in accordance with the budget approved by the department of finance and administration and shall be used only for the purposes of implementing the provisions of the Respiratory Care Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
History:
Laws 1984, ch. 103, § 13; 1987, ch. 329, § 6; 1989, ch. 109, § 2; 2001, ch. 188, § 14.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12B-16 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, substituted "Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund" for "All money unused at the end of the fiscal year shall remain in the respiratory care fund for use in accordance with the provisions of the Respiratory Care Act" in Subsection C.
The 1989 amendment,
effective June 16, 1989, in Subsection C, substituted all of the language of the first sentence beginning with "expended" for "subject to the order of the superintendent and shall be used only for the purposes of implementing the provisions of the Respiratory Care Act".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12B - Respiratory Care › Section 61-12B-14 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 188, § 17 repealed 61-12B-14 NMSA 1978, as enacted by Laws 1984, ch. 103, § 14, regarding the creation of rules to implement the Respiratory Care Act, effective June 15, 2001. For provisions of former section,
see
the 2000 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12B - Respiratory Care › Section 61-12B-15 - Enforcement. (Repealed effective July 1, 2028.)

A. A person who violates a provision of the Respiratory Care Act is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
B. The department may bring civil action in any district court to enforce any of the provisions of the Respiratory Care Act.
History:
Laws 1984, ch. 103, § 15; 2001, ch. 188, § 15.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12B-16 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, in Subsection A, substituted "A person who violates a" for "Violation of any" and inserted "guilty of" and "and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12B - Respiratory Care › Section 61-12B-16 - Termination of board; delayed repeal. (Repealed effective July 1, 2028.)

The advisory board of respiratory care practitioners is terminated on July 1, 2027 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Respiratory Care Act until July 1, 2028. Effective July 1, 2028, the Respiratory Care Act is repealed.
History:
Laws 1984, ch. 103, § 17; 1989, ch. 109, § 3; 1996, ch. 51, § 11; 1997, ch. 46, § 14; 2003, ch. 428, § 12; 2009, ch. 96, § 9; 2015, ch. 119, § 12; 2021, ch. 50, § 8.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, extended the sunset date for the advisory board of respiratory care practitioners, and changed "July 1, 2021" to "July 1, 2027" and "July 1, 2022" to "July 1, 2028".
The 2015 amendment,
effective June 19, 2015, extended the termination date for the advisory board of respiratory care practitioners to July 1, 2021, and the repeal date to July 1, 2022.
The 2009 amendment,
effective July 1, 2009, extended the termination date to July 1, 2015 and the repeal date to July 1, 2016.
The 2003 amendment,
effective July 1, 2003, substituted "advisory board of respiratory care practitioners" for "board" and in the first sentence substituted "2009" for "2003" and in the second and third sentences substituted "2010" for "2004" and inserted "according to the provisions of the Respiratory Care Act" in the last sentence.
The 1997 amendment,
effective June 20, 1997, substituted "2003" for "1997" in the first sentence, and substituted "2004" for "1998" in the second and third sentences.
The 1996 amendment,
effective March 5, 1996, substituted "1997" for "1995" once and "1998" for "1996" twice in the section.
The 1989 amendment,
effective June 16, 1989, substituted "1995" for "1989" in the first sentence, and substituted "1996" for "1990" in the second and third sentences.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12B - Respiratory Care › Section 61-12B-17 - Severability. (Repealed effective July 1, 2028.)

If any part or application of the Respiratory Care Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
History:
Laws 2001, ch. 188, § 16.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12B-16 NMSA 1978.