reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-18 - Scope of hearing aid dispensing examination. (Repealed effective July 1, 2028.)

In preparing the hearing aid dispensing examination, the board shall use tests that demonstrate:
A. knowledge in the fitting and sale of hearing aids, including basic physics of sound, anatomy and physiology of the ear and the function of hearing aids; and
B. proficient use of techniques for the fitting of hearing aids, including:
(1) pure-tone audiometry, including air conduction and bone conduction testing;
(2) live voice or recorded voice speech audiometry, including speech reception threshold and speech recognition score tests;
(3) masking when indicated;
(4) recording and evaluation of audiograms and speech audiometry for determining proper selection, fitting and adjustment of hearing aids;
(5) taking earmold impressions; and
(6) analyzing hearing aid function, modification and general service.
History:
Laws 1996, ch. 57, § 18; 2013, ch. 110, § 13.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, required the board to test proficiency in fitting hearing aids; and in Paragraph (4) of Subsection B, after "proper selection", added "fitting".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-19 - License renewal. (Repealed effective July 1, 2028.)

A. Each licensee shall renew the licensee's license biennially by submitting a renewal application as provided for in the board's regulations. The board may require proof of continuing education as a requirement for renewal. The board may establish a method to provide for staggered biennial terms. The board may authorize license renewal for one year to establish the renewal cycle.
B. A sixty-day grace period shall be allowed to each licensee after each licensing period. A license may be renewed during the grace period upon payment of a renewal fee and a late fee as prescribed by the board.
C. Any license not renewed by the end of the grace period will be considered expired and the licensee shall not be eligible to practice within the state until the license is renewed. The board shall develop rules regarding requirements for renewal of an expired license and may require the licensee to reapply as a new applicant.
D. Clinical fellow licenses may be renewed annually for no more than three years; provided the clinical fellow has submitted evidence of passing a recognized standard national examination in speech-language pathology prior to or within the clinical fellow's second year of the CFY. The CFY license shall not be renewed for a second year without evidence of passing a recognized standard national examination in speech-language pathology.
E. An apprentice in speech-language pathology shall renew the apprentice's license annually; provided that the apprentice is accepted into a master's-level program in speech-language pathology or communicative disorders within two years of initial licensing.
F. The board may issue rules providing for inactive status of licenses.
History:
Laws 1996, ch. 57, § 19; 2013, ch. 110, § 14.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, provided for biennial renewal of licenses; in Subsection A, after "renew the licensee's license", deleted "every year" and added "biennially" and added the third sentence; in Subsection D, in the first sentence, after "may be renewed", added "annually" and in the second sentence, after "shall not be renewed", added "for a second year" and after "national examination in", deleted "either", and after "speech-language pathology", deleted "or audiology or both"; and added Subsection E.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-20 - 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 for applications, licenses, renewal of licenses, exams, penalties and administrative fees. The license and license renewal fees shall not exceed:
A. one hundred dollars ($100) for clinical fellows and apprentices in speech and language;
B. two hundred dollars ($200) for audiologists or speech-language pathologists;
C. six hundred dollars ($600) for hearing aid dispensers;
D. four hundred dollars ($400) for examinations;
E. one hundred dollars ($100) for late renewal fees;
F. four hundred dollars ($400) for hearing aid dispensing endorsement;
G. five hundred dollars ($500) for a hearing aid dispenser trainee license, which fee includes examination, both written and practical;
H. one hundred dollars ($100) for bilingual-multicultural endorsement; and
I. reasonable administrative fees.
History:
Laws 1996, ch. 57, § 20; 1999, ch. 128, § 10; 2013, ch. 110, § 15; 2020, ch. 6, § 41.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 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 the introductory paragraph, added "Except as provided in Section 61-1-34 NMSA 1978".
The 2013 amendment,
effective June 14, 2013, increased the renewal fees; in Subsection A, at the beginning of the sentence, deleted "fifty dollars ($50.00)" and added "one hundred dollars "($100)"; in Subsection B, at the beginning of the sentence, deleted "one hundred dollars ($100)" and added "two hundred dollars "($200)"; in Subsection C, at the beginning of the sentence, deleted "three hundred dollars ($300)" and added "six hundred dollars "($600)"; in Subsection D, at the beginning of the sentence, deleted "two hundred dollars ($200)" and added "four hundred dollars "($400)"; in Subsection F, at the beginning of the sentence, deleted "two hundred dollars ($200)" and added "four hundred dollars "($400)"; and added Subsection H.
The 1999 amendment,
effective June 13, 1999, in Subsection A, substituted "apprentices in speech and language" for "hearing aid dispenser trainees"; in Subsection B, deleted "nondispensing" preceding "audiologists"; in Subsection C, deleted "or dispensing audiologists" following "hearing aid dispensers"; added Subsections F and G; and redesignated the former Subsection F as Subsection H.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-22 - Penalties. (Repealed effective July 1, 2028.)

A. Any person who fails to furnish the board, its investigators or representatives with information requested by the board is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period of one year or both.
B. Any person who violates any provision of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or imprisonment for a period of one year or both.
History:
Laws 1996, ch. 57, § 22.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-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 Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act.
History:
Laws 1996, ch. 57, § 23.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-24 - Fund established. (Repealed effective July 1, 2028.)

A. There is created in the state treasury the "speech-language pathology, audiology and hearing aid dispensing practices board fund".
B. All money received by the board under the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act shall be deposited with the state treasurer for credit to the speech-language pathology, audiology and hearing aid dispensing practices board fund. The state treasurer shall invest the fund as other state funds are invested. All balances in the fund shall remain in the fund and shall not revert to the general fund.
C. Money in the speech-language pathology, audiology and hearing aid dispensing practices board fund is appropriated to the board and shall be used only for the purpose of carrying out the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act.
History:
Laws 1996, ch. 57, § 24.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14B-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14B - Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices › Section 61-14B-25 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)

The speech-language pathology, audiology and hearing aid dispensing practices board 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 Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act until July 1, 2028. Effective July 1, 2028, the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act is repealed.
History:
Laws 1996, ch. 57, § 25; 1997, ch. 46, § 17; 2005, ch. 208, § 12; 2015, ch. 119, § 15; 2021, ch. 50, § 11.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, extended the sunset date for the speech-language pathology, audiology and hearing aid dispensing practices board, 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 speech-language pathology, audiology and hearing aid dispensing practices board to July 1, 2021, and the repeal date to July 1, 2022.
The 2005 amendment,
effective June 17, 2005, changed the termination, operation and repeal dates.
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 14C - Medical Assistants › Section 61-14C-1 - Notice; penalty.

A. Any physician employing or sponsoring a physician's assistant pursuant to Section 61-6-6 NMSA 1978 or any osteopathic physician employing or sponsoring an osteopathic physician's assistant pursuant to the Osteopathic Physicians' Assistants Act [repealed] shall post a notice of such employment in a prominent place calculated to inform any member of the public entering the office of the physician or osteopathic physician. The notice shall further state the basis upon which charges for services of the assistant are calculated and how they differ, if at all, from the charges for services of the physician or osteopathic physician.
B. Any physician or osteopathic physician violating the provisions of Subsection A of this section is guilty of a petty misdemeanor.
History:
Laws 1981, ch. 251, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2016, ch. 90, § 29 repealed the Osteopathic Physicians' Assistants Act, §§ 61-10A-1 to 61-10A-7 NMSA 1978, effective July 1, 2016.
Cross references.
— For penalties for misdemeanors,
see
31-19-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-1 - Short title. (Repealed effective July 1, 2028.)

Chapter 61, Article 14D NMSA 1978 may be cited as the "Athletic Trainer Practice Act".
History:
1978 Comp., § 61-14D-1, enacted by Laws 1993, ch. 325, § 1; 2000, ch. 4, § 11.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 325, § 20 repealed former section 61-14D-1 NMSA 1978, as enacted by Laws 1983, ch. 147, § 1, providing the title of the Athletic Trainer Act, and § 1 of ch. 325 enacted the above section, which has been compiled at this location, effective June 18, 1993.
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
The 2000 amendment,
effective February 15, 2000, substituted "Chapter 61, Article 14D NMSA 1978" for "Sections 1 through 19 of this act".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Medical malpractice liability of sports medicine care providers for injury to, or death of, athlete, 33 A.L.R.5th 619.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-2 - Purpose. (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 athletic training, it is necessary to provide laws and regulations to govern the granting of the privilege to practice as an athletic trainer. The primary responsibility and obligation of the athletic trainer practice board is to protect the public.
History:
1978 Comp., § 61-14D-2, enacted by Laws 1993, ch. 325, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 325, § 20 repeals former section 61-14D-2 NMSA 1978, as enacted by Laws 1983, ch. 147, § 2, containing definitions, and § 2 of ch. 325 enacts the above section, which has been compiled at this location, effective June 18, 1993.
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Licenses and Permits, §§ 4, 5, 14, 34 to 36, 39, 45 to 47.
53 C.J.S. Licenses §§ 5, 7, 30, 34 to 41, 64.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-3 - Definitions. (Repealed effective July 1, 2028.)

As used in the Athletic Trainer Practice Act:
A. "athlete" means a person trained to participate in exercise requiring physical agility and stamina;
B. "athletic trainer" means a person who, with the advice and consent of a licensed physician, practices the treatment, prevention, care and rehabilitation of injuries incurred by athletes;
C. "board" means the athletic trainer practice board;
D. "clinical assessment" means obtaining a history of an athletic injury, inspection and palpation of an injured part and associated structures and performance of testing techniques related to stability and function to determine the extent of an injury;
E. "department" means the regulation and licensing department;
F. "district" means an area having the same boundaries as a congressional district in the state;
G. "emergency care" means the application of first aid, determination of whether an injury is life-threatening and referral to an appropriately licensed health care provider if an injury requires further definitive care or the injury or condition is outside an athletic trainer's scope of practice;
H. "licensed physician" means a chiropractor, osteopath or physician licensed pursuant to Article 4, 6 or 10 of Chapter 61 NMSA 1978;
I. "preventive services" means treatment of injuries through pre-activity screening and evaluation, educational programs, application of commercial products, use of protective equipment and physical conditioning and reconditioning programs; and
J. "therapeutic intervention and rehabilitation" means treatment of injuries through the application of exercise, the use of physical modalities such as heat, light, sound, cold, electricity or mechanical devices, therapeutic activities, preventive services and standard reassessment techniques and procedures in accordance with established, written athletic training service plans and upon the order or protocol of a licensed physician.
History:
1978 Comp., § 61-14D-3, enacted by Laws 1993, ch. 325, § 3; 2017, ch. 86, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 325, § 20 repealed former section 61-14D-3 NMSA 1978, as enacted by Laws 1983, ch. 147, § 3, creating the athletic trainers advisory board, and § 3 of ch. 325 enacted the above section, which has been compiled at this location, effective June 18, 1993.
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, defined "clinical assessment", "emergency care", "preventive services", and "therapeutic intervention and rehabilitation"; added a new Subsection D and redesignated former Subsections D and E as Subsections E and F, respectively; added Subsection G; redesignated former Subsection F as Subsection H; in Subsection H, after "pursuant to", deleted "Articles" and added "Article"; and added Subsections I and J.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-4 - License required. (Repealed effective July 1, 2028.)

A. Unless licensed pursuant to the Athletic Trainer Practice Act, no person shall:
(1) practice as an athletic trainer as defined in the Athletic Trainer Practice Act;
(2) use the title or represent himself as a licensed athletic trainer or use any other title, abbreviation, letters, figures, signs or devices that indicate the person is licensed to practice as an athletic trainer; or
(3) advertise, hold out to the public or represent in any manner that he is authorized to practice athletic training in the jurisdiction.
History:
1978 Comp., § 61-14D-4, enacted by Laws 1993, ch. 325, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 325, § 20 repealed former section 61-14D-4 NMSA 1978, as enacted by Laws 1983, ch. 147, § 4, concerning meetings, officers, and support personnel of the athletic trainers advisory board, and § 4 of ch. 325 enacted the above section, which has been compiled at this location, effective June 18, 1993.
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
Cross references.
— For the Parental Responsibility Act,
see
40-5A-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-4.1 - Expedited licensure. (Repealed effective July 1, 2028.)

A. The board shall issue an expedited license without examination to an athletic trainer licensed in another licensing jurisdiction in accordance with Section 61-1-31.1 NMSA 1978. The board shall issue the expedited license as soon as practicable but no later than thirty days after the person files an application with the required fees and demonstrates that the person holds a valid, unrestricted license and is in good standing with the licensing board in the other licensing jurisdiction. If the board issues an expedited license to a person whose prior licensing jurisdiction did not require examination, the board may require the person to pass an examination before license renewal.
B. The board by rule shall determine the states and territories of the United States and the District of Columbia from which it will not accept an applicant for expedited licensure and determine any foreign countries from which it will accept an applicant for expedited licensure. The board shall post the lists of disapproved and approved licensing jurisdictions on its website. The list of disapproved licensing jurisdictions shall include specific reasons for disapproval. The lists shall be reviewed annually to determine if amendments to the rule are warranted.
History:
Laws 2022, ch. 39, § 65.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-5 - Exemptions. (Repealed effective July 1, 2028.)

A. Nothing in the Athletic Trainer Practice Act shall be construed:
(1) as preventing qualified members of other recognized professions that are licensed, certified or regulated under New Mexico law or regulation from rendering services within the scope of their license, certification or regulation, provided they do not represent themselves as licensed athletic trainers;
(2) as preventing the practice of athletic training by a student enrolled in a program of study at a nationally accredited institution approved by the board; provided that the student renders services pursuant to a course of instruction or assignment under the supervision of a licensed athletic trainer; or
(3) as requiring any school district to employ an athletic trainer.
History:
1978 Comp., § 61-14D-5, enacted by Laws 1993, ch. 325, § 5.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 325, § 20 repealed former section 61-14D-5 NMSA 1978, as amended by Laws 1987, ch. 329, § 12, concerning the powers of the athletic trainers advisory board, and § 5 of ch. 325 enacted the above section, which has been compiled at this location, effective June 18, 1993.
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
Compiler's notes.
— As enacted by Laws 1993, ch. 325, § 5 this section did not contain a Subsection B.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-6 - Scope of practice. (Repealed effective July 1, 2028.)

The practice of athletic training includes preventive services, emergency care, clinical assessment, therapeutic intervention and rehabilitation of injuries and medical conditions of athletes. Athletic trainers act as allied medical providers through collaboration with licensed physicians, pursuant to the written prescription, standing order or protocol of a licensed physician.
History:
1978 Comp., § 61-14D-6, enacted by Laws 1993, ch. 325, § 6; 2017, ch. 86, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 325, § 20 repealed former section 61-14D-6 NMSA 1978, as amended by Laws 1989, ch. 40, § 1, specifying examination and license fees, and § 6 of ch. 325 enacted the above section, which has been compiled at this location, effective June 18, 1993.
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, amended the scope of practice of athletic trainers to add clinical assessment and therapeutic intervention of athletes; after "athletic training includes", deleted "the prevention, care and rehabilitation of athlete's injuries. Athletic trainers may evaluate and treat athletes" and added "preventive services, emergency care, clinical assessment, therapeutic intervention and rehabilitation of injuries and medical conditions of athletes. Athletic trainers act as allied medical providers through collaboration with licensed physicians", and after "protocol of a licensed physician", deleted the remainder of the section, which provided for methods of treatment and prohibited treatment of athletes injured in a non-athletic setting.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-7 - Board created. (Repealed effective July 1, 2028.)

A. There is created the "athletic trainer practice board".
B. The board shall be administratively attached to the department.
C. The board shall consist of five members who are United States citizens and have been New Mexico residents for at least three years prior to their appointment. Members of the board shall be appointed by the governor for staggered terms of three years each. Three of the members shall be athletic trainers licensed pursuant to provisions of the Athletic Trainer Practice Act. One member shall be employed by a high school. Two members shall represent the public and have no financial interest, direct or indirect, in the occupation regulated. One public member shall be from any area north of interstate 40 in the state and one public member shall be from any area south of interstate 40 in the state. Board members shall reside in separate districts. Board members shall serve until their successors have been appointed.
D. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
E. A simple majority of the board members currently serving shall constitute a quorum of the board.
F. The board shall meet at least once a year and at such other times as it deems necessary.
G. No board member shall serve more than two consecutive terms. Any member failing to attend three meetings, after proper notice, shall automatically be recommended to be removed as a board member, unless excused for reasons set forth in board regulations.
H. The board shall elect a chairman and other officers as deemed necessary to administer its duties.
History:
1978 Comp., § 61-14D-7, enacted by Laws 1993, ch. 325, § 7; 2005, ch. 125, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 325, § 20 repealed former section 61-14D-7 NMSA 1978, as enacted by Laws 1983, ch. 147, § 7, concerning the qualifications of applicants for an athletic trainer license, and § 7 of ch. 325 enacted the above section, which has been compiled at this location, effective June 18, 1993.
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, provided in Subsection C that board members shall be United States citizens and residents of New Mexico for at least three years, that one member shall be employed by a high school and that members shall reside in separate districts.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-8 - Department duties. (Repealed effective July 1, 2028.)

The department shall assist the board in administering the Athletic Trainer Practice Act and shall:
A. process applications and conduct and review the required examinations;
B. issue licenses and provisional permits to applicants who meet the requirements of the Athletic Trainer Practice Act;
C. administer and coordinate the provisions of the Athletic Trainer Practice Act and investigate persons engaging in practices that may violate the provisions of that act;
D. conduct any required examinations of applicants;
E. hire staff as may be necessary to carry out the actions of the board;
F. maintain board records, including financial records; and
G. maintain a current register of licensees as a matter of public record.
History:
1978 Comp., § 61-14D-8, enacted by Laws 1993, ch. 325, § 8; 2005, ch. 125, § 2; 2022, ch. 39, § 64.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 325, § 20 repealed former section 61-14D-8 NMSA 1978, as enacted by Laws 1983, ch. 147, § 8, providing an exemption from the application of the Athletic Trainer Act, and § 8 of ch. 325 enacted the above section, which has been compiled at this location, effective June 18, 1993.
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, required the regulation and licensing department to assist the athletic trainer practice board in administering the Athletic Trainer Practice Act; in the introductory clause, after "The department", deleted "in consultation with" and added "shall assist", and after "the board", added "in administering the Athletic Trainer Practice Act and"; and in Subsection C, after "administer", added "and", and after "coordinate", deleted "and enforce".
The 2005 amendment,
effective June 17, 2005, provided in Subsection A that the department shall process applications and conduct examinations and added Subsection G to require the department to provide a current register of licensees as a matter of public record.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-9 - Board powers and duties. (Repealed effective July 1, 2028.)

The board:
A. shall select and provide for the administration of examinations for licensure no less often than semiannually;
B. shall establish the passing scores for the New Mexico laws and regulation examinations;
C. shall determine eligibility of individuals for licensure;
D. shall set fees for administrative services and licenses as authorized by the Athletic Trainer Practice Act, and authorize all disbursements necessary to carry out the provisions of that act;
E. shall review license applications and recommend approval or disapproval;
F. may adopt and file, in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978], rules and regulations necessary to carry out the provisions of the Athletic Trainer Practice Act;
G. may take any disciplinary action allowed by and in accordance with the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978];
H. may conduct hearings upon charges relating to the discipline of licensees, including the denial, suspension or revocation of a license;
I. may adopt a code of ethics; and
J. may require and establish criteria for continuing education.
History:
1978 Comp., § 61-14D-9, enacted by Laws 1993, ch. 325, § 9; 2005, ch. 125, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 325, § 20 repealed former section 61-14D-9 NMSA 1978, as enacted by Laws 1983, ch. 147, § 9, stating that the Athletic Trainer Act does not require school districts to employ athletic trainers, and § 9 of ch. 325 enacted the above section, which has been compiled at this location, effective June 18, 1993.
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, added Subsections A through E, G and J to provide that the board provide examinations no less than semiannually, establish passing scores, determine eligibility for licensure, set fees for administrative services and licenses, authorize disbursements, review license applications and recommend approval or disapproval, take disciplinary action, and require and establish criteria for continuing education.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-10 - Requirements for licensure. (Repealed effective July 1, 2028.)

The board shall issue a license to practice as an athletic trainer to any person who files a completed application, accompanied by the required fees and documentation and who submits satisfactory evidence that the applicant:
A. has completed a baccalaureate degree;
B. is currently competent in cardiopulmonary resuscitation and in the use of automated electrical defibrillator units; and
C. demonstrates professional competence by passing the national certification examination recognized by the board and an examination on New Mexico laws and regulations pertaining to athletic trainers prescribed by the board.
History:
1978 Comp., § 61-14D-10, enacted by Laws 1993, ch. 325, § 10; 2005, ch. 125, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 325, § 20 repealed former section 61-14D-10 NMSA 1978, as enacted by Laws 1983, ch. 147, § 10, concerning the issuance of licenses to persons currently engaged as trainers, and § 10 of ch. 325 enacted the above section, which has been compiled at this location, effective June 18, 1993.
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, provided that the board may issue a license to an applicant who has completed a baccalaureate degree, is currently competent in cardiopulmonary resuscitation and in the use of automated electrical defibrillator units and demonstrates professional competence by passing an examination.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-11 - Examinations. (Repealed effective July 1, 2028.)

Applicants shall demonstrate professional competency by passing the New Mexico laws and regulations examination. The board shall establish the board-approved examinations application deadline and the requirements for re-examination if the applicant has failed the examination.
History:
1978 Comp., § 61-14D-11, enacted by Laws 1993, ch. 325, § 11; 2005, ch. 125, § 5.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 325, § 20 repealed former section 61-14D-11 NMSA 1978, as enacted by Laws 1983, ch. 147, § 11, concerning hearings and appeals, and § 11 of ch. 325 enacted the above section, which has been compiled at this location, effective June 18, 1993.
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, deleted former Subsections A through D and provided that applicants shall demonstrate professional competency by passing an examination and that the board shall establish examination application deadlines and the requirement for reexamination.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-12 - Provisional permit. (Repealed effective July 1, 2028.)

A. An applicant for licensure who has passed the New Mexico state law and regulations examination may obtain a provisional permit to engage in the practice of athletic training; provided that the applicant meets all licensure requirements except for passing the national certification exam for athletic trainers. The applicant must provide proof of registration to take the national certification examination.
B. The provisional permit is valid until the results of the national certification examination have been received in the board office.
C. If the applicant should fail or not take the national certification examination, upon proof of re-registration for the national certification examination, the applicant will be issued a second provisional permit. No more than two provisional permits shall be issued to an individual.
History:
1978 Comp., § 61-14D-12, enacted by Laws 1993, ch. 325, § 12; 2005, ch. 125, § 6.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 325, § 20 repealed former section 61-14D-12 NMSA 1978, as enacted by Laws 1983, ch. 147, § 12, authorizing expenditure of funds by the regulation and licensing department for implementing the Athletic Trainer Act, and § 12 of ch. 325 enacted the above section, which has been compiled at this location, effective June 18, 1993.
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, revised Subsection A to provide that an applicant who has passed the examination may obtain a provisional permit to engage in athletic training if the applicant meets all licensure requirements except for passing the national examination and the applicant provides proof of registration to take the national examination, provided in Subsection B that the provisional permit is valid until the national examination has been received by the board, and provided in Subsection C that if the applicant fails or does not take the national examination, the board may issue a second provisional permit upon proof that the applicant has re-registered for the national examination.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-13 - License renewal. (Repealed effective July 1, 2028.)

A. Each licensee shall renew his license annually by submitting a renewal application on a form provided by the board.
B. The board may require proof of continuing education, current cardiopulmonary resuscitation certification and certification in the use of automated electrical defibrillator units as a requirement for renewal.
C. If a license is not renewed by the expiration date, the license will be considered expired and the licensee shall refrain from practicing. A licensee may renew a license within the allotted grace period by submitting to the board payment of the renewal fee and late fee and proof of compliance with all renewal requirements. Upon receipt of payment and proof of meeting any continuing education requirements by the board, the licensee may resume practice. Failure to receive renewal notice and application for renewal of license from the board does not excuse a licensed athletic trainer from the requirements for renewal.
D. A license granted by the board shall automatically expire if the licensee fails to apply for the renewal license provided for in this section within thirty days of the renewal deadline. Reinstatement of an expired license will require the licensee to reapply and meet all current standards for licensure.
History:
1978 Comp., § 61-14D-13, enacted by Laws 1993, ch. 325, § 13; 2005, ch. 125, § 7.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, provided in Subsection B that the board may require certification in the use of automated electrical defibrillator units; added Subsection C to provide that if a license is not renewed by the expiration date, the license will be considered expired, that a licensee may renew a license within the grace period upon payment of the fees and proof of compliance with renewal requirements and that the failure to receive a renewal notice from the board does not excuse the licensee from the requirements for renewal; and added Subsection D to provide that a license automatically expires if the licensee fails to apply for renewal within thirty days after the renewal deadline.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-14 - 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, not to exceed one hundred dollars ($100) each for applications, licenses, expedited licenses, provisional permits, renewal of licenses, placement on inactive status and necessary and reasonable administrative fees and initial prorated licensing fees.
History:
1978 Comp., § 61-14D-14, enacted by Laws 1993, ch. 325, § 14; 2005, ch. 125, § 8; 2020, ch. 6, § 42; 2022, ch. 39, § 66.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
The 2022 amendment,
effective May 18, 2022, placed a limit on the amount of fees for applications, licenses, expedited licenses, provisional permits, renewal licenses, placement on inactive status and necessary and reasonable administrative fees and initial prorated licensing fees; and after "schedule of reasonable fees", added "not to exceed one hundred dollars ($100) each", and after "applications, licenses", added "expedited licenses".
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".
The 2005 amendment,
effective June 17, 2005, required the board to establish prorated licensing fees.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-15 - Criminal Offenders 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 Athletic Trainer Practice Act.
History:
1978 Comp., § 61-14D-15, enacted by Laws 1993, ch. 325, § 15.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-16 - Disciplinary proceedings; judicial review; application of Uniform Licensing Act. (Repealed effective July 1, 2028.)

A. In accordance with the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the board may deny, revoke or suspend any license held or applied for under the Athletic Trainer Practice Act upon findings by the board that the licensee or applicant:
(1) is guilty of fraud, deceit or misrepresentation in procuring or attempting to procure a license provided for in the Athletic Trainer Practice Act;
(2) has been convicted of a felony. A certified copy of the record of conviction shall be conclusive evidence of such conviction;
(3) is guilty of incompetence;
(4) is guilty of unprofessional conduct;
(5) is guilty of dispensing, administering, distributing or using a controlled substance, as defined in the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978], or is addicted to any vice to such a degree that it renders him unfit to practice as an athletic trainer;
(6) has violated any provisions of the Athletic Trainer Practice Act;
(7) is guilty of willfully or negligently practicing beyond the scope of athletic training as defined in the Athletic Trainer Practice Act;
(8) is guilty of aiding or abetting the practice of athletic training by a person not licensed by the board;
(9) is guilty of practicing without a provisional permit or license in violation of the Athletic Trainer Practice Act and its regulations; or
(10) has had a license, certificate or registration to practice as an athletic trainer revoked, suspended or denied in any jurisdiction, territory or possession of the United States or another country for actions of the licensee similar to acts described in this subsection. A certified copy of the record of the jurisdiction taking such disciplinary action shall be conclusive evidence of the revocation, suspension or denial.
B. Disciplinary proceedings may be instituted by the sworn complaint of any person and shall conform to the provisions of the Uniform Licensing Act. Any party to a hearing may obtain a copy of the hearing record upon payment of costs for the copy.
C. Any person filing a sworn complaint shall be immune from liability arising out of civil action, provided the complaint is filed in good faith and without actual malice.
History:
1978 Comp., § 61-14D-16, enacted by Laws 1993, ch. 325, § 16; 2005, ch. 125, § 9.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, provided in Subsection A(1) that the board may take disciplinary action if a licensee or an applicant is guilty of misrepresentation in procuring a license.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-17 - Penalties. (Repealed effective July 1, 2028.)

Any person who violates any provision of the Athletic Trainer Practice Act is guilty of a misdemeanor and upon conviction shall be punished as provided in Section 31-19-1 NMSA 1978.
History:
1978 Comp., § 61-14D-17, enacted by Laws 1993, ch. 325, § 17.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-18 - Fund established. (Repealed effective July 1, 2028.)

A. There is created in the state treasury the "athletic trainer practice board fund".
B. All money received by the board under the Athletic Trainer Practice Act shall be deposited with the state treasurer for credit to the fund. The state treasurer shall invest the fund as other state funds are invested. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary. Balances credited to the fund shall remain in the fund and shall not revert to the general fund.
C. Money in the fund is appropriated to the board and shall be used only for the purpose of meeting the necessary expenses incurred in carrying out the provisions of the Athletic Trainer Practice Act.
History:
1978 Comp., § 61-14D-18, enacted by Laws 1993, ch. 325, § 18.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-14D-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14D - Athletic Trainer Practice › Section 61-14D-19 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)

The athletic trainer practice board 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 Athletic Trainer Practice Act until July 1, 2028. Effective July 1, 2028, Chapter 61, Article 14D NMSA 1978 is repealed.
History:
1978 Comp., § 61-14D-19, enacted by Laws 1993, ch. 325, § 19; 2000, ch. 4, § 12; 2005, ch. 208, § 13; 2015, ch. 119, § 16; 2021, ch. 50, § 12.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, extended the sunset date for the athletic trainer practice board; after the first occurrence of "July 1", changed "2021" to "2027" and changed "2022" to "2028" throughout.
The 2015 amendment,
effective June 19, 2015, extended the termination date for the athletic trainer practice board to July 1, 2021, and the repeal date to July 1, 2022.
The 2005 amendment,
effective June 17, 2005, changed the termination, operation and repeal dates.
The 2000 amendment,
effective February 15, 2000, substituted "July 1, 2005" for "July 1, 1999" in the first sentence, substituted "July 1, 2006" for "July 1, 2001" in the second sentence, and rewrote the last sentence which read "Effective July 1, 2000, the Athletic Trainer Practice Act is repealed".
2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14E - Medical Imaging and Radiation Therapy › Section 61-14E-1 - Short title.

Chapter 61, Article 14E NMSA 1978 may be cited as the "Medical Imaging and Radiation Therapy Health and Safety Act".
History:
Laws 1983, ch. 317, § 1; 2009, ch. 106, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, changed the reference of the act to the Chapter and Article of NMSA 1978 and changed the name of the act from "Medical Radiation Health and Safety Act" to "Medical Imaging and Radiation Therapy Health and Safety Act".