2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 12D - Physical Therapy › Section 61-12D-10 - Licensure; qualifications; licensure from foreign schools; temporary licenses; reinstatement. (Repealed effective July 1, 2028.)

A. An applicant for licensure as a physical therapist shall submit a completed application and have the following minimum qualifications:
(1) be a graduate of an accredited physical therapy program approved by the board;
(2) have successfully passed the national physical therapy examination approved by the board; and
(3) have successfully passed the state jurisprudence examination.
B. An applicant for licensure as a physical therapist who has been educated outside the United States shall submit a completed application and meet the following minimum qualifications in addition to those required in Subsection A of this section:
(1) provide satisfactory evidence that the applicant's education is substantially equivalent to the requirements of physical therapists educated in accredited educational programs in the United States, as determined by the board. If the board determines that a foreign-educated applicant's education is not substantially equivalent, it may require completion of additional course work before proceeding with the application process;
(2) provide evidence that the applicant is a graduate of a school of training that is recognized by the foreign country's own ministry of education or similar institution;
(3) provide written proof of authorization to practice as a physical therapist without limitations in the legal jurisdiction where the post-secondary institution from which the applicant has graduated is located;
(4) have the applicant's educational credentials evaluated by a board-approved credential evaluation agency; and
(5) participate in an interim supervised clinical practice period as may be prescribed by the board.
C. The board may issue an interim permit to a foreign-trained applicant who satisfies the board's requirements. An interim permit shall be issued for the purpose of participating in a supervised clinical practice period.
D. If the foreign-educated physical therapist applicant is a graduate of a college accredited by the commission on accreditation in physical therapy education, the board shall waive requirements of Paragraphs (1), (2), (4) and (5) of Subsection B of this section.
E. An applicant for licensure as a physical therapist assistant shall submit a completed application and meet the following minimum requirements:
(1) be a graduate of an accredited physical therapist assistant program approved by the board; and
(2) have successfully passed the national physical therapy examination approved by the board.
F. An applicant for licensure as a physical therapist or physical therapist assistant shall file a written application on forms provided by the board. A nonrefundable application fee and the cost of the examination shall accompany the completed written application.
G. Applicants who fail to pass the examinations shall be subject to requirements determined by board regulations prior to being approved by the board for subsequent testing.
H. The board or its designee shall issue an expedited license to a physical therapist or physical therapist assistant who has a valid unrestricted license from another United States licensing jurisdiction.
I. Prior to licensure, if prescribed by the board, the board or its designee may issue a temporary nonrenewable license to a physical therapist or physical therapist assistant who has completed the education and experience requirements of the Physical Therapy Act. The temporary license shall allow the applicant to practice physical therapy under the supervision of a licensed physical therapist until a permanent license is approved that shall include passing the national physical therapy examination.
J. The board or its designee may issue a temporary license to a physical therapist or physical therapist assistant performing physical therapy while teaching an educational seminar who has met the requirements established by regulation of the board.
K. A physical therapist or physical therapist assistant licensed under the provisions of the Physical Therapy Act shall renew the physical therapist's or physical therapist assistant's license as specified in board rules. A person who fails to renew the person's license by the date of expiration shall not practice physical therapy as a physical therapist or physical therapist assistant in New Mexico.
L. Reinstatement of a lapsed license following a renewal deadline requires payment of a renewal fee and late fee.
M. Reinstatement of a physical therapist or physical therapist assistant license that has lapsed for more than three years, without evidence of continued practice in another state pursuant to a valid unrestricted license in that state, requires reapplication and payment of fees, as specified in board rules. The board shall promulgate rules establishing the qualifications for reinstatement of a lapsed license.
N. The board may establish, by rule, activities to periodically assess continuing competence to practice physical therapy.
O. A physical therapist shall refer a patient to the patient's licensed health care provider if:
(1) after thirty days of initiating physical therapy intervention, the patient has not made measurable or functional improvement with respect to the primary complaints of the patient; provided that the thirty-day limit shall not apply to:
(a) treatment provided for a condition related to a chronic, neuromuscular or developmental condition for a patient previously diagnosed by a licensed health care provider as having a chronic, neuromuscular or developmental condition;
(b) services provided for health promotion, wellness, fitness or maintenance purposes; or
(c) services provided to a patient who is participating in a program pursuant to an individual education plan or individual family service plan under federal law; or
(2) at any time, the physical therapist has reason to believe the patient has symptoms or conditions requiring treatment that is beyond the scope of practice of the physical therapist.
P. As used in this section, "licensed health care provider" means:
(1) a medical doctor or an osteopathic physician licensed pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978];
(2) a chiropractic physician licensed pursuant to the Chiropractic Physician Practice Act [Chapter 61, Article 4 NMSA 1978];
(3) a podiatrist licensed pursuant to the Podiatry Act [Chapter 61, Article 8 NMSA 1978];
(4) a dentist licensed pursuant to the Dental Health Care Act [Chapter 61, Article 5A NMSA 1978];
(5) a doctor of oriental medicine licensed pursuant to the Acupuncture and Oriental Medicine Practice Act [Chapter 61, Article 14A NMSA 1978];
(6) a certified nurse practitioner licensed pursuant to the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978];
(7) a certified nurse-midwife licensed pursuant to the Nursing Practice Act and registered with the public health division of the department of health as a certified nurse-midwife;
(8) a certified nurse specialist licensed pursuant to the Nursing Practice Act; or
(9) a physician assistant licensed pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978].
History:
Laws 1997, ch. 89, § 10; 2015, ch. 144, § 1; 2021, ch. 70, § 9; 2022, ch. 39, § 53.
ANNOTATIONS
Delayed repeals.
— For delayed repeal of this section,
see
61-12D-17 NMSA 1978.
Cross references.
— For the Parental Responsibility Act,
see
40-5A-1 NMSA 1978 et seq.
The 2022 amendment,
effective May 18, 2022, revised qualifications for licensure as a physical therapist and physical therapist assistant, provided for an expedited license for physical therapists or physical therapist assistants who have a valid unrestricted license from another United States licensing jurisdiction, and revised the definition of "licensed health care provider", as used in this section; in the section heading, added "licensure from foreign schools; temporary licenses; reinstatement"; in Subsection A, deleted former Paragraph A(1), which provided "be of good moral character", and redesignated former Paragraphs A(2) through A(4) as Paragraphs A(1) through A(3), respectively; in Subsection B, after "those required in", deleted "Paragraphs (1), (3) and (4) of", and deleted former Paragraph B(5), which related to English proficiency, and redesignated former Paragraph B(6) as Paragraph B(5); in Subsection E, deleted former Paragraph E(1), which provided "be of good moral character", and redesignated former Paragraphs E(2) and E(3) as Paragraphs E(1) and E(2), respectively, and deleted former Paragraph E(4); in Subsection H, after "shall issue", deleted "a" and added "an expedited", after "United States", added "licensing", and after "jurisdiction", deleted "and who meets all requirements for licensure in New Mexico"; and in Subsection P, Paragraph P(1), after "a", deleted "physician" and added "medical doctor or an osteopathic physician", deleted former Paragraph P(2) and redesignated former Paragraphs P(3) through P(10) as Paragraphs P(2) through P(9), respectively.
Temporary provisions.
— Laws 2022, ch. 39, § 104 provided that a board that is required by Laws 2022, ch. 39 to change its licensing provisions to allow for new or different expedited licensure shall have rules in place and operational by January 1, 2023.
The 2021 amendment,
effective June 18, 2021, removed proof of legal authorization to reside and seek employment in the United States or its territories as a requirement for licensure as a physical therapist, and made technical amendments; in Subsection B, deleted Paragraph B(4) and redesignated former Paragraphs B(5) through B(7) as Paragraphs B(4) through B(6), respectively, in Subsection D, after "Paragraphs (1), (2)", changed "(5)" to "(4)", and after the next occurrence of "and", changed "(7)" to "(6)"; and in Subsection P, Paragraph P(2), after "pursuant to", deleted "Chapter 61, Article 10 NMSA 1978" and added "the Osteopathic Medicine Act".
The 2015 amendment,
effective June 19, 2015, removed the requirement of a prior primary care medical diagnosis prior to physical therapy treatment, required a physical therapist to refer a patient to the patient's licensed health care provider upon certain conditions, and defined "licensed health care provider"; in Paragraph (1) of Subsection B, after "evidence that", deleted "his" and added "the applicant's"; in Paragraph (2) of Subsection B, after "provide evidence that", deleted "he" and added "the applicant"; in Paragraph (5) of Subsection B, after "have", deleted "his" and added "the applicant's"; in Paragraph (6) of Subsection B, after "English is not", deleted "his" and added "the applicant's"; in Subsection I, after "the Physical", deleted "Therapist" and added "Therapy"; in Subsection K, after "Act shall renew", deleted "his" and added "the physical therapist's or physical therapist assistant's", and after "fails to renew", deleted "his" and added "the person's"; and deleted former Subsection O and added new Subsections O and P.
Continuing education.
— Absent authorization by the legislature, physical therapist licensing board could not require continuing education as a prerequisite for licensure renewal. 1975 Op. Att'y Gen. No. 75-40.