reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 14 - NUTRITION AND DIETETIC PRACTITIONERS › Part 12 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.14.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Military
				service member"
means a person who is serving in the armed forces of the
				United States or in an active reserve component of the armed forces of the
				United States, including the national guard.
B.
"Recent veteran"
means a
				person who has received an honorable discharge or separation from military
				service within the two years immediately preceding the date the person applied
				for an occupational or professional license pursuant to this Section.
C.
"Spouse"
means any partner of
				a "military service member" or "recent veteran" whose marriage to the
				"millitary service member" or "recent veteran" has been legally recognized by
				any state or country.
D.
"License"
has the same meaning as defined in Paragraph (1) of
				Subsection F of Section
				61-1-34
				NMSA 1978.
E.
"Licensing
				fee"
has the same meaning as defined in Paragraph (2) of Subsection F of
				Section
				61-1-34
				NMSA
F.
"Military service
				membe
r
"
has the same meaning as defined in Paragraph (3) of
				Subsection F of Section
				61-1-34
				NMSA 1978.
G.
"Substantially
				equivalent"
means the determination by the board that the education,
				examination, and experience requirements contained in the statutes and rules of
				another jurisdiction are comparable to, or exceed the education, examination,
				and experience requirements of the Nutrition and Dietitian Act.
H.
"Veteran"
has the same
				meaning as defined in Paragraph (4) of Subsection F of Section
				61-1-34
				NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 14 - NUTRITION AND DIETETIC PRACTITIONERS › Part 12 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.14.12.8 - APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.Applications for registration shall be
				completed on a form provided by the department.
B.Completed application shall include:
(1)application fee; and
(2)satisfactory evidence that the applicant
				holds a license that is current and in good standing, issued by another
				jurisdiction, including a branch of armed forces of the United States, that has
				met the minimal licensing requirements that are substantially equivalent to the
				licensing requirements for the occupational or professional license the
				applicant applies for pursuant to Chapter 61, Articles 7A NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 14 - NUTRITION AND DIETETIC PRACTITIONERS › Part 12 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.14.12.9 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An applicant
				seeking licensure under 16.14.12 NMAC shall refer to part 2 of Chapter 14 for
				applicable fees.
B. Military
				service members, spouse, dependents, and veterans shall not pay and the board
				shall not charge a licensing fee for the first three years for a license if the
				the military service member, spouse, dependent, or veteran can provide proof of
				licensure from another state or jurisdiction.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 14 - NUTRITION AND DIETETIC PRACTITIONERS › Part 12 - LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS › Section 16.14.12.10 - RENEWAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				license or certificate issued pursuant to this section shall not be renewed
				unless the license or certificate holder satisfies the requirements for the
				issuance and for the renewal of a license or certificate pursuant to Chapter
				61, Articles 7A NMSA 1978.
B. The
				licensee or certificate holder issued under 16.14.12 NMAC shall submit the
				documentation required under the following part: refer to 16.14.3 NMAC
				requirements for licensure.
C. All
				licenses and certificates issued under 16.14.12 NMAC shall be valid for a
				period not to exceed one year.
D.
				Prior to the expiration of the license, all licensees or certificate holders
				shall apply for registration renewal and shall pay the renewal fee as set forth
				in 16.14.2 NMAC.
E. As a courtesy,
				the board will send via electronic mail license renewal notifications to
				licensees or registrants before the license expiration date to the last known
				email address on file with the nutrition & dietetics board. Failure to
				receive the renewal notification shall not relieve the licensee or registrant
				of the responsibility of timely renewal on or before the expiration
				date.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 1 - GENERAL PROVISIONS › Section 16.15.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  61-12A-6,
				  61-12A-8,
				  61-12A-16,
				  NMSA 1978 of the Occupational Therapy Act. Sections
				  40-5A-1
				  through
				  40-5A-13
				  NMSA 1978 of the Parental Responsibility Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 1 - GENERAL PROVISIONS › Section 16.15.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 14, 1997, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 1 - GENERAL PROVISIONS › Section 16.15.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 1 is to set forth the provisions which
				  apply to all of Chapter 15, and to all persons and entities affected or
				  regulated by Chapter 15 of Title 16.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 1 - GENERAL PROVISIONS › Section 16.15.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Board" means
				the board of examiners for occupational therapy.
B. "Occupational therapist" means a person
				who holds an active license to practice occupational therapy in New
				Mexico.
C. "Occupational therapy
				assistant" means a person having no less than an associate degree in
				occupational therapy and holding an active license to practice occupational
				therapy in New Mexico who assists an occupational therapist under the
				supervision of the occupational therapist.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 1 - GENERAL PROVISIONS › Section 16.15.1.8 - TELEPHONE CONFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
Board members may participate in a meeting of the board by
				  means of a conference telephone or similar communications equipment and
				  participation by such means shall constitute presence in person at the meeting.
				  However, such participation by telephone may only occur if it is difficult or
				  impossible for a member of the Board to attend a meeting in person. Each member
				  participating by conference telephone must be identified when speaking, all
				  participants must be able to hear each other at the same time and members of
				  the public attending the meeting must be able to hear any member of the Board
				  who speaks during the meeting.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 1 - GENERAL PROVISIONS › Section 16.15.1.9 - LICENSE DISPLAY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				licensee shall display his current license certificate in a conspicuous place
				in the principal office where he practices occupational therapy.
B. 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.
C. 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 at P.O.
				Box 25101, Santa Fe, New Mexico 87504."
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 1 - GENERAL PROVISIONS › Section 16.15.1.10 - IDENTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A person offering or assisting in the offering of
				  occupational therapy shall be properly identified by a name badge or other
				  identification indicating whether he is a registered occupational therapist,
				  certified occupational therapy assistant, an occupational therapy aide or
				  technician or a person practicing under a provisional permit.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 1 - GENERAL PROVISIONS › Section 16.15.1.11 - BOARD MEMBER REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Board members are required to attend Board meetings as scheduled by the Board.
				Any Board member failing to attend three (3) consecutive Board meetings shall
				automatically be recommended for removal from the Board in accordance with
				Section 8 of the Occupational Therapy Act.
B. Board members may be excused from
				attending Board meetings for any of the reasons set forth below:
(1) illness;
(2) death in the immediate family;
(3) military service;
(4) inclement weather;
(5) any other reason deemed appropriate by
				the President of the Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 1 - GENERAL PROVISIONS › Section 16.15.1.12 - PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as provided herein and except as otherwise provided by
				  law, all applications, pleadings, petitions and motions are matters of public
				  record at the time of filing with the Board. Upon notification of the
				  defendant, the Notice of Contemplated Action and information contained in the
				  complaint file becomes a public record and subject to
				  disclosure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 1 - GENERAL PROVISIONS › Section 16.15.1.13 - INSPECTION OF PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The Board operates in compliance with the Inspection of
				  Public Records Act, NMSA 1978 Sections
				  14-2-1
				  through 14-2-16. The Board administrator is the custodian of the Board's
				  records.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 1 - GENERAL PROVISIONS › Section 16.15.1.14 - NON-PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The following records are considered confidential and are not
				  subject to public inspection.
A.
				Letters of reference, if applicable.
B. Medical reports and/or records of chemical
				dependency, physical or mental examinations or treatment in an impaired
				practitioner program.
C.
				Examination scores.
D. The contents
				of any examination used to test for an individual's knowledge or
				competence.
E. Investigative
				files.
F. Written and oral
				communication relating to actual or potential disciplinary action, including
				complaints.
G. Matters of
				opinion.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 1 - GENERAL PROVISIONS › Section 16.15.1.15 - PARENTAL RESPONSIBILITY ACT (PRA)

Current through Register Vol. 35, No. 13, July 16, 2024
By the end of each month in which a certified list is
				  received, the Board shall report to the New Mexico Human Services Department
				  the names of Board applicants and licensees who are on the certified list as
				  being more than thirty days in arrears in payment of amounts required to be
				  paid pursuant to an outstanding judgment and order for child support in New
				  Mexico, and the action the Board has taken in connection with such applicants
				  and licensees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 1 - GENERAL PROVISIONS › Section 16.15.1.16 - COERCION PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
No person(s) shall coerce an occupational therapist or
				  occupational therapy assistant into compromising client safety by requiring
				  them to delegate activities or tasks if the occupational therapist or
				  occupational therapy assistant determines that it is inappropriate to do so.
				  Occupational therapists or occupational therapy assistants shall not be subject
				  to disciplinary action by the board for refusing to delegate or refusing to
				  provide the required training for delegation if the occupational therapist or
				  occupational therapy assistant determines that delegation may compromise client
				  safety.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 2 - LICENSING REQUIREMENTS › Section 16.15.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 14, 1997, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 2 - LICENSING REQUIREMENTS › Section 16.15.2.8 - EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The examination
				prescribed by the board is the national board for certification in occupational
				therapy examination for an occupational therapist registered or certified
				occupational therapy assistant. All applicants for licensure, pursuant to the
				Occupational Therapy Act, must obtain a passing grade on the examination, as
				determined by the national board for certification in occupational therapy
				(NBCOT), in order to be eligible for licensure.
B. The board requires each applicant to pass
				an examination on the state laws, rules and regulations that pertain to the
				practice of occupational therapy in New Mexico. All applicants for licensure
				must take the New Mexico jurisprudence exam and have a passing score of 80%,
				based on a total available score of 100%. Any applicant who fails to pass the
				jurisprudence examination may retake the exam upon receipt of the required
				fees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 2 - LICENSING REQUIREMENTS › Section 16.15.2.9 - INITIAL APPLICATION FOR LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An application packet may be obtained from
				the state licensure board office.
B. The application must be submitted on
				completed forms as supplied by the board.
C. A photograph of the applicant taken within
				six months prior to filing application must be submitted with the application.
				(Passport size recommended; scanned or computer-generated photographs must be
				printed on photo quality paper).
D.
				Application fees in the form of a check or money order must be submitted in
				full with the application. Personal checks may delay processing of your
				application for up to 10 days.
E.
				Verification of registration or certification may be provided in any of the
				following ways.
(1) Written verification must
				be received by the board directly from the national board for certification in
				occupational therapy (NBCOT) certifying that the applicant's certification is
				active and in good standing.
(2)
				Written verification of initial certification must be received by the board
				directly from the national board for certification in occupational therapy
				(NBCOT) and verification of licensure from each state in which the applicant
				has been licensed. Such proof of licensure must be received by the board
				directly from the state boards where currently and previously licensed. For
				applicants who practiced in states that do not require licensure, written
				verification of employment shall be received by the board office directly from
				the applicant's previous employers on a verification of employment form to be
				provided by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 2 - LICENSING REQUIREMENTS › Section 16.15.2.10 - PROVISIONAL PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any persons
				who have completed the education and experience requirements of the
				occupational therapy act and who have applied for the national board for
				certification in occupational therapy (NBCOT) examination may apply for a
				provisional permit.
B. The
				provisional permit allows the applicant to practice occupational therapy under
				the supervision of a licensed occupational therapist as defined in 16.15.3
				NMAC.
C. The provisional permit is
				in effect for a maximum of six months after issuance. Failure to sit for the
				NBCOT examination within six months automatically voids the provisional permit.
				A license may be issued when results of the examination have been made
				public.
D. The provisional permit
				will automatically be invalidated upon notice to the board that the applicant
				has failed the examination.
E. Any
				previous failures of the NBCOT certification exam will prevent a person from
				obtaining a provisional permit.
F.
				Persons practicing on a provisional permit shall file with the board a signed
				current statement of supervision by the occupational therapist or occupational
				therapists (OT or OTs) who will be responsible for the supervision of the
				person practicing on a provisional permit. Both the supervisor and supervisee
				carry responsibility for notifying the board within 10 work days when there is
				a change of supervisor.
G. Persons
				practicing on a provisional permit pending certification as an occupational
				therapy assistant (OTA) or an occupational therapist (OT) are not eligible to
				supervise. (Refer 16.15.3 NMAC)
H.
				All provisional permits are the property of the board and shall forthwith be
				returned to the board, if requested.
I. The provisional permit requires the
				official board seal and is valid for no more than six months.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 2 - LICENSING REQUIREMENTS › Section 16.15.2.11 - EDUCATIONAL PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				occupational therapy educational program completed by the occupational
				therapist or occupational therapy assistant must have been accredited by the
				accreditation council for occupational therapy education (ACOTE) of the
				american occupational therapy association (AOTA).
B. Occupational therapists trained outside
				the United States must have had their education accepted by the national board
				for certification in occupational therapy. The board must receive written
				verification in the form of an eligibility letter received by the board
				directly from the national board for certification in occupational therapy
				(NBCOT).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 2 - LICENSING REQUIREMENTS › Section 16.15.2.12 - LICENSURE BY ENDORSEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants for licensure by reciprocity from other states,
				  must submit all of the requirements as set forth in
				  16.15.2.9
				  NMAC. All application information is subject to verification by the
				  board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 2 - LICENSING REQUIREMENTS › Section 16.15.2.13 - ANNUAL RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Annual
				renewal fees in the form of a check or money order must be remitted when due or
				license will expire automatically.
B. Licenses may be renewed upon receipt of a
				renewal application submitted on the form provided by the board, or via on-line
				renewal application through the board's on-line professional licensing system,
				the applicable annual renewal fee, and proof of continuing education
				requirements pursuant to regulations of the board.
C. The annual renewal date is October 1st of
				each year. All licenses issued by the board will expire on September 30th of
				each year.
D. At the time of
				renewal, an occupational therapy assistant shall confirm no changes to the
				statement of supervision filed at the time of initial application. If a change
				in supervision has occurred, a new statement of supervision must be submitted
				along with the completed renewal application.
E. Expedited license renewals and fees are
				issued pursuant to
				16.15.1.11 NMAC and
				16.15.7.13 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 2 - LICENSING REQUIREMENTS › Section 16.15.2.14 - EXPIRED LICENSE OR NON-PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A license not renewed on the annual
				renewal date is expired.
B.
				Validation of competency for applicants who have not practiced since his or her
				graduation from an occupational therapy program, or who have not practiced as
				an occupational therapist or occupational therapy assistant for a period of
				more than three years, full licensure requires the following;
(1) a completed application form as required
				under
				16.15.2.9
				NMAC;
(2) passage of the
				jurisprudence exam;
(3) 15
				continuing education contact hours for each year the applicant was not
				practicing as an occupational therapist or occupational therapy assistant, not
				to exceed 75 hours (course work to be pre-approved by the board);
(4) the board may require the applicant to
				provide or demonstrate additional evidence of his or her competency to practice
				(e.g. passage of the national board for certification in occupational therapy
				exam, AOTA courses, university sponsored courses, supervision or
				mentorship.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 2 - LICENSING REQUIREMENTS › Section 16.15.2.15 - INACTIVE LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				license in good standing may be transferred to inactive status upon written
				request to the board. Such request shall be made prior to the expiration of the
				license.
B. An annual inactive fee
				must be submitted to the board. (Refer to Part 6, Fee Schedule.)
C. A licensee may reactivate the license upon
				submission of the following:
(1) A renewal
				form.
(2) Payment of the annual
				renewal fee for the year in which the licensee wishes to reactivate.
(3) Proof of continuing education units for
				each year of inactive status.
(4)
				Additional proof of competency as requested and prescribed by the Board will be
				required after five (5) years of an inactive license.
(5) Passage of the jurisprudence
				exam.
(6) Completion of a
				verification of employment form for licensees that have practiced outside New
				Mexico while on inactive status.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 2 - LICENSING REQUIREMENTS › Section 16.15.2.16 - REINSTATEMENT OF LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Reinstatement of a New Mexico occupational therapist or occupational therapy
				assistant license that has lapsed for less than one year requires the
				following:
(1) completion of the renewal
				form;
(2) payment of late
				fee;
(3) proof of the required
				continuing education contact hours;
(4) passage of the jurisprudence examination
				and
(5) submit a notarized
				statement, by the therapist, that they have not practiced occupational therapy
				in New Mexico while their license was expired.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 2 - LICENSING REQUIREMENTS › Section 16.15.2.17 - PROVISIONS FOR EMERGENCY LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Occupational therapists and occupational
				therapy assistants currently licensed and in good standing, or otherwise
				meeting the requirements for New Mexico licensure in a state in which a federal
				disaster has been declared, may be licensed in New Mexico during the four
				months following the declared disaster upon:
(1) a completed application signed and
				notarized and accompanied by proof of identity, which may consist of a copy of
				a driver's license, passport or other photo identification issued by a
				governmental entity;
(2) proof of
				successful completion of the national board for certification in occupational
				therapy (NBCOT) and New Mexico jurisprudence exam;
(3) verification of licenses held in other
				states and verification of employment if applicable. (verification may be
				obtained by mail, fax or email, through online verification from the state of
				licensure)
(4) proof or
				documentation of residency and employment in the area of the federal
				disaster.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 2 - LICENSING REQUIREMENTS › Section 16.15.2.18 - EMERGENCY LICENSURE TERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The emergency license shall terminate upon
				the following circumstances:
(1) the issuance
				of a permanent license under 16.15.2.9 NMAC; or
(2) proof that the emergency license holder
				has engaged in fraud deceit, misrepresentation in procuring or attempting to
				procure a license under this section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 3 - SUPERVISION › Section 16.15.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In this section, the following terms have the meanings
				  indicated:
A.
"Aide"
means a person who is not licensed by the board and who provides supportive
				services to occupational therapists and occupational therapy assistants. An
				aide shall function under the guidance and responsibility of the occupational
				therapist and may be supervised by the occupational therapist or an
				occupational therapy assistant for specifically selected routine tasks for
				which the aide has been trained and has demonstrated competency.
B.
"Board"
means the board of
				examiners for occupational therapy.
C.
"Competence"
refers to an
				individual's capacity to perform job responsibilities.
D.
"Competency"
refers to an
				individual's actual performance in a specific situation.
E.
"Limited permit holder"
means
				an individual who has completed the academic and fieldwork requirements of this
				Act for occupational therapists or occupational therapy assistants, has not yet
				taken or received the results of the entry level certification examination, and
				has applied for and been granted limited permit status.
F.
"Occupational therapist"
means a person who holds an active license to practice occupational therapy in
				New Mexico.
G.
"Occupational
				therapy assistant"
means a person having no less than an associate
				degree in occupational therapy and holding an active license to practice
				occupational therapy in New Mexico who assists an occupational therapist under
				the supervision of the occupational therapist.
H.
"Supervision"
means a
				cooperative process in which two or more people participate in a joint effort
				to establish, maintain, and elevate a level of competence and performance.
				Within the scope of occupational therapy practice, supervision is aimed at
				ensuring the safe and effective delivery of occupational therapy services and
				fostering professional competence and development.
I.
"Supportive services"
means
				tasks that include providing patient transport, routine maintenance of
				equipment or work areas, setup, preparation, and cleanup of equipment of work
				areas, and supporting licensed practitioners during treatment or intervention
				while under the direct supervision of the licensed practitioner.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 3 - SUPERVISION › Section 16.15.3.8 - SUPERVISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Occupational
				therapy assistants: supervision involves guidance and oversight related to the
				delivery of occupational therapy services and the facilitation of professional
				growth and competence. It is the responsibility of the occupational therapist
				and the occupational therapy assistant to seek the appropriate quality and
				frequency of supervision to ensure safe and effective occupational therapy
				service delivery.
(1) The specific frequency,
				methods, and content of supervision may vary by practice setting and is
				dependent upon the:
(a) complexity of client
				needs;
(b) number and diversity of
				clients;
(c) skills of the
				occupational therapist and the occupational therapy assistant;
(d) type of practice setting;
(e) requirements of the practice setting;
				and
(f) other regulatory
				requirements.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 3 - SUPERVISION › Section 16.15.3.9 - TASK DELEGATION

Current through Register Vol. 35, No. 13, July 16, 2024
Regardless of the setting in which occupational therapy
				  services are delivered, the occupational therapist and the occupational therapy
				  assistant assume the following generic responsibilities during evaluation,
				  intervention, and outcomes evaluation.
A. Evaluation.
(1) The occupational therapist directs the
				evaluation process.
(2) The
				occupational therapist is responsible for directing all aspects of the initial
				contact during the occupational therapy evaluation, including:
(a) determining the need for
				service;
(b) defining the problems
				within the domain of occupational therapy that need to be addressed;
(c) determining the client's goals and
				priorities;
(d) establishing
				intervention priorities;
(e)
				determining specific further assessment needs; and
(f) determining specific assessment tasks
				that can be delegated to the occupational therapy assistant.
(3) The occupational therapist
				initiates and directs the evaluation, interprets the data, and develops the
				intervention plan.
(4) The
				occupational therapy assistant contributes to the evaluation process by
				implementing delegated assessments and by providing verbal and written reports
				of observations and client capacities to the occupational therapist.
(5) The occupational therapist interprets the
				information provided by the occupational therapy assistant and integrates that
				information into the evaluation and decision making process.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 3 - SUPERVISION › Section 16.15.3.10 - SUPERVISION REQUIRED FOR PERSONS PRACTICING ON A PROVISIONAL PERMIT PENDING CERTIFICATION AS AN OCCUPATIONAL THERAPIST (OT)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Supervision for persons practicing on a
				provisional permit pending certification as an occupational therapist shall be
				provided by the occupational therapist (OT).
B. Supervision of persons practicing on a
				provisional permit pending certification as an occupational therapist shall
				occur on-site. In a work setting involving multiple sites of work, and/or
				offices, supervision shall occur at one or more of the sites or offices, but
				not necessarily all sites or offices.
C. Supervision of persons practicing on a
				provisional permit pending certification as an occupational therapist shall
				occur a minimum of three (3) or more times per week for persons working five
				(5) days per week, a minimum of two (2) or more times per week for persons
				working four (4) days per week, and a minimum of one (1) or more times per week
				for persons working three (3) or less days per week.
D. Supervision of persons practicing on a
				provisional permit pending certification as an occupational therapist shall
				consist of specific documentation as detailed in the "supervision log". The
				original of the "supervision log" should be kept by the supervisee with a copy
				kept by the employer and supervisor. A copy of the "supervision log" must be
				submitted to the Board prior to issuance of full licensure. The "supervision
				log" should be submitted ten (10) work days prior to the expiration date of the
				provisional permit or upon receipt of confirmation of passing the certification
				exam.
E. The board or its designee
				has the authority to request a copy of the "supervision log" at any time,
				without prior notice to the supervising therapist or supervisee.
F. The supervising occupational therapist
				shall co-sign any and all patient treatment notes while the supervisee is
				practicing on a provisional permit.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 3 - SUPERVISION › Section 16.15.3.11 - TASK DELEGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. As
				pertains to the occupational therapy assistant (OTA): the occupational
				therapist (OT) shall evaluate each patient/client before direct care tasks are
				assigned to the occupational therapy assistant (OTA). The occupational
				therapist (OT) shall determine and assign only those tasks that can be safely
				and effectively done by an occupational therapy assistant (OTA). Direct care
				tasks may include, but are not limited to:
(1) completing data collection procedures
				such as record review, interviews, general observations, and behavioral
				checklists;
(2) administering
				standardized and criterion-referenced tests after service competency has been
				established;
(3) reporting changes
				in status that might warrant reassessment or referral;
(4) contributing to treatment plan as
				developed by the occupational therapist (OT);
(5) providing direct intervention by engaging
				patient/client in activities related to occupational performance
				areas;
(6) adjusting and modifying
				treatment plans subject to final approval by an occupational therapist (OT);
				and
(7) reporting the factors that
				warrant discontinuation of intervention orally and in writing.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 4 - CONTINUING EDUCATION REQUIREMENTS › Section 16.15.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  61-12A-15,
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 4 - CONTINUING EDUCATION REQUIREMENTS › Section 16.15.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 30, 2015, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 4 - CONTINUING EDUCATION REQUIREMENTS › Section 16.15.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Continuing education" means any organized educational
				  program relating to the topic of health, designed to expand a licensee's
				  knowledge beyond the basic education requirements for occupational therapists
				  and occupational therapy assistants as recognized by the board. Topics include,
				  but are not limited to, administration, education, communication and clinical
				  practice skills. One "continuing education contact hour" is equivalent to sixty
				  (60) minutes. One continuing education contact hour is equivalent to one
				  continuing education unit.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 4 - CONTINUING EDUCATION REQUIREMENTS › Section 16.15.4.8 - ANNUAL CONTINUING EDUCATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every licensed occupational therapist and
				occupational therapy assistant must earn a minimum of 15 continuing education
				contact hours per year during each year of licensure. Continuing education
				contact hours must be earned prior to license renewal the following year. The
				first year during which 15 contact hours must be earned is the year beginning
				on October 1st following license issuance and ending on the following September
				30th. Occupational therapists and occupational therapy assistants licensed
				during the first year will be expected to pay the annual renewal fee.
B. No license will be renewed in the absence
				of satisfactory evidence that the required continuing education contact hours
				have been earned.
C. The board
				office will send electronic notifications to all licensees prior to the
				expiration date of the license.
D.
				Each licensee is responsible for submitting the required renewal fee and
				continuing education by the expiration.
E. Each licensee is responsible for filing
				address changes and maintaining a current address with the board
				office.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 4 - CONTINUING EDUCATION REQUIREMENTS › Section 16.15.4.9 - APPROVAL OF CONTINUING EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				No licensee may obtain credit for any continuing education contact hours
				without approval of those continuing education contact hours by the
				board.
B. Prior approval of
				continuing education contact hours may be obtained upon request by the licensee
				or continuing education provider. Final determination of values and approval of
				continuing education contact hours will remain at the discretion of the
				board.
C. Continuing education
				contact hours may be earned in the following ways:
(1)
Attendance at a seminar, workshop,
				webinar, on-line course, or program
; applicants must provide all of the
				following:
(a) program agenda with number of
				contact hours;
(b) evidence that
				the program attended was sponsored by a component of the American occupational
				therapy association or some other sponsor approved by the board for continuing
				education credit;
(c) statement of
				the program's subject matter and stated objectives;
(d) statement indicating the instructor's
				background/expertise; and
(e) proof
				of actual program attendance; such proof shall be a certificate of completion
				signed by the presenter or program sponsor.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 5 - DISCIPLINARY PROCEEDINGS › Section 16.15.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  61-12A-21
				  and
				  61-12A-22,
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 5 - DISCIPLINARY PROCEEDINGS › Section 16.15.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 14, 1997, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 5 - DISCIPLINARY PROCEEDINGS › Section 16.15.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish the procedures for filing complaints against
				  licensees and to further define actions by a licensee which are considered
				  incompetent or unprofessional practice.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 5 - DISCIPLINARY PROCEEDINGS › Section 16.15.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Applicant"
				means the person who has applied for a license.
B. "Board" means the Board of Examiners for
				Occupational Therapy.
C. "Complaint
				Chairperson" means the professional board member who has been designated to
				review complaints.
D. "Complaint
				Manager" means the board administrator or any member of the Board who may be
				appointed by the Board Chairperson.
E. "License" means certificate, permit, or
				other authorization to engage in the profession of occupational
				therapy.
F. "Revoke a license"
				means to prohibit the conduct authorized by the license.
G. "Suspend a license" means to prohibit, for
				a stated period of time, the conduct authorized by the license. "Suspend a
				license" also means to allow, for a stated period of time, the conduct
				authorized by the license subject to conditions which are reasonably related to
				the grounds for suspension, including any conditions of probation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 5 - DISCIPLINARY PROCEEDINGS › Section 16.15.5.8 - CONDUCT OF HEARING REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Opportunity for a Licensee or Applicant to have a Hearing:
Pursuant to the Uniform Licensing Act,
				61-1-1 to
				61-1-33 NMSA
				1978, every licensee or applicant shall be afforded notice and an opportunity
				to be heard before the Board shall have authority to take any action, the
				effect of which would be:
(1) to deny a
				license after examination for any cause other than failure to pass an
				examination or failure to meet educational or administrative requirements for
				the issuance of a license;
(2) to
				deny a license for which application has been duly made on the basis of
				reciprocity;
(3) to withhold the
				renewal of a license for any cause other than failure to pay the required
				renewal fee;
(4) to suspend a
				license; and
(5) to revoke a
				license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 5 - DISCIPLINARY PROCEEDINGS › Section 16.15.5.9 - SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Unprofessional
				conduct" as used in the Occupational Therapy Act and in the rules and
				regulations of the New Mexico Board of Examiners for Occupational Therapy shall
				include, but shall not be limited to, the following types of acts or omissions:
(1) any violation of the Code of Ethics, as
				determined by the New Mexico Board of Examiners for Occupational
				Therapy;
(2) making false
				statements or providing false information in connection with an application for
				licensure or for licensure renewal;
(3) engaging in false, misleading, or
				deceptive advertising;
(4)
				violation of any provision of the New Mexico Occupational Therapy Act, as may
				be amended from time-to-time, or violating any rules or regulations of the
				Board promulgated pursuant thereto;
(5) harassment, or undue to improper
				intimidation of a patient/client, employee, colleague or other person in the
				role or context of the licensee's or applicant's status as an occupational
				therapist or occupational therapy assistant, including, but not limited to,
				assault or battery on any such person;
(6) sexual harassment or abuse of a
				patient/client, employee, colleague, or other person in the role or context of
				the licensee's or applicant's status as an occupational therapist or
				occupational therapy assistant;
(7)
				any failure to possess and apply the knowledge, or to use the skill and care
				ordinarily used by reasonable well-qualified occupational therapists or
				occupational therapy assistants under similar circumstances, giving due
				consideration to the locality involved;
(8) obtaining, or attempting to obtain, any
				compensation or other consideration by fraud or deceit;
(9) misrepresentation or falsification of
				credentials, including, but not limited to, education, training, experience or
				competence;
(10) violation of any
				Federal, State or local law or ordinance which relates to the practice for
				which the individual has been licensed or for which the person is an applicant
				for licensure;
(11) conviction of a
				crime, the circumstances of which substantially relate to the practice of
				occupational therapy, or which indicate an inability to safely and proficiently
				engage in the practice of occupational therapy;
(12) impairment of the licensee's or
				applicant's ability to practice occupational therapy as a result of alcohol or
				use of other drugs; and
(13)
				imposition of discipline upon the licensee or applicant for licensure by any
				other jurisdiction in which the licensee or applicant is licensed;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 6 - FEE SCHEDULE › Section 16.15.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 14, 1997, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 6 - FEE SCHEDULE › Section 16.15.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To outline fees for license application, license
				  verification, examination, license renewal, inactive status, late renewal, and
				  administrative fees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 6 - FEE SCHEDULE › Section 16.15.6.8 - SCHEDULE OF FEES

Current through Register Vol. 35, No. 13, July 16, 2024
(note, these fees are nonrefundable.)
A. Application for full (non-provisional)
				Licensure received between September 1 and May 31:
(1) occupational therapist: $110.00
(2) occupational therapy assistant:
				$100.00
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 7 - EXPEDITED LICENSING REQUIREMENTS › Section 16.15.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 27, 2023, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 15 - OCCUPATIONAL THERAPISTS › Part 7 - EXPEDITED LICENSING REQUIREMENTS › Section 16.15.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This purpose of this part is to provide for the issuance of
				  expedited licenses pursuant to Section 61.1.31.1 NMSA and 1978 Section
				  61-1-34 NMSA
				  1978.