reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 6 - PHYSICAL THERAPIST ASSISTANTS › Section 16.20.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Referring physical therapist" is the licensed therapist who
				  sets the plan of care for the patient being treated by the physical therapist
				  assistant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 6 - PHYSICAL THERAPIST ASSISTANTS › Section 16.20.6.8 - PHYSICAL THERAPIST ASSISTANTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A physical therapist assistant may work only under the direction and
				supervision of a New Mexico physical therapist who is licensed pursuant to
				Subsections A and B of Section 61-12-10 NMSA 1978 of the Physical Therapy Act.
				The referring physical therapist shall assume full responsibility for the
				professional activities of the assistant, which are undertaken pursuant to
				his/her direction or supervision.
B. A physical therapist may not be
				responsible for the direction and supervision of more than three full-time
				physical therapist assistants working three FTE's (full-time equivalency,
				totaling 120 work hours per week) requiring supervision, including temporary
				physical therapists, temporary physical therapist assistants, or full-licensed
				physical therapist assistants.
C. A
				physical therapist may supervise more than three physical therapist assistants
				provided combined FTE's do not exceed 120 hours per week.
D. The direction and supervision of the
				physical therapist assistant shall require the following:
(1) the referring physical therapist is
				responsible for the patient's care;
(2) when physical therapy services are being
				provided, a licensed physical therapist must be on call and readily available
				for consultation by phone, electronic mail or cellular phone when the referring
				physical therapist leaves the area or facility, for any length of time, or the
				referring physical therapist must appoint a stand in physical therapist as a
				supervising therapist until such time the referring physical therapist returns
				to the facility;
(3) the referring
				physical therapist will formulate a current written plan of care for each
				patient; the referring physical therapist will review the plan of care at least
				every 30 days;
(4) the physical
				therapist should only delegate interventions to physical therapist assistant's
				that are competent and trained in these interventions; the physical therapist
				assistant shall not:
(a) interpret
				referrals;
(b) specify or perform
				definitive (initial, progress/re-evaluation, discharge) evaluative and
				assessment procedures;
(c) alter
				goals or a plan of care; or
(d)
				determine when to utilize the physical therapist assistant to perform selected
				interventions of physical therapy care.
(5) the physical therapist assistant may sign
				daily notes without the physical therapist's co-signing; each daily treatment
				note in a patient's permanent record completed by a physical therapist
				assistant must include the name of the referring physical therapist;
				and
(6) the physical therapist
				assistant shall respond to acute changes in the patient's physiological state;
				the physical therapist assistant shall notify the referring physical therapist
				of those changes prior to the next treatment session.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 7 - SUPERVISION › Section 16.20.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Unlicensed physical therapy assistive personnel (physical
				  therapy aide or other assistive personnel)" means a person trained under the
				  direction of a physical therapist that performs designated and supervised
				  routine physical therapy tasks related to physical therapy
				  services.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 7 - SUPERVISION › Section 16.20.7.8 - SUPERVISION OF LICENSED PERSONNEL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A physical therapist may not be responsible for the direction and supervision
				of more than three full-time physical therapist assistants, or three FTE's
				(full-time equivalency totaling 120 work hours per week) requiring supervision,
				including temporary physical therapists, temporary physical therapist
				assistants, and licensed physical therapist assistants.
B. A physical therapist may supervise three
				or more physical therapist assistants provided combined FTE's do not exceed
				more than 120 hours per week.
C.
				When physical therapy services are being provided, a licensed physical
				therapist must be on call and readily available for consultation by phone or
				electronic mail when the referring physical therapist leaves the area or
				facility, for any length of time or the referring physical therapist must
				appoint a stand in physical therapist as a supervising therapist until such
				time the referring physical therapist returns to the facility.
D. A physical therapist supervising a
				temporary licensee must notify the New Mexico physical therapy licensing board,
				in writing, when they are no longer responsible for supervision of a temporary
				licensee.
E. The referring physical
				therapist must hold documented conferences with the physical therapist
				assistant regarding the patient. The physical therapist is responsible for
				determining the frequency of the conferences consistent with accepted standards
				of practice within the facility in which they work.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 7 - SUPERVISION › Section 16.20.7.9 - SUPERVISION OF UNLICENSED ASSISTIVE PERSONNEL (PHYSICAL THERAPY AIDE/TECHNICIAN/ATTENDANT)

Current through Register Vol. 35, No. 13, July 16, 2024
A. A licensed physical therapist may only
				supervise unlicensed aides working as care-giving assistive personnel, provided
				the assistive personnel's combined full time equivalency does not exceed 120
				hours per week.
B. Physical therapy
				aides and other assistive personnel shall perform patient care activities under
				on-site supervision of a physical therapist. "On-site supervision" means the
				supervising physical therapist:
(1) be
				continuously on-site and present in the department or facility where the
				assistive personnel are performing services;
(2) be immediately available to assist the
				person being supervised in the services being performed; and
(3) maintain continued involvement in
				appropriate aspects of each treatment session in which a component of treatment
				is delegated to assistive personnel.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 8 - RENEWAL REQUIREMENTS AND CONTINUING EDUCATION › Section 16.20.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 15, 1997, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 8 - RENEWAL REQUIREMENTS AND CONTINUING EDUCATION › Section 16.20.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 8 of Chapter 20 is to inform licensees
				  of continuing education requirements for license renewal.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 8 - RENEWAL REQUIREMENTS AND CONTINUING EDUCATION › Section 16.20.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. One
"contact hour"
requires 60 minutes.
B.
"Lecture"
means an
				educational talk given by a qualified individual.
C.
"Continuing professional
				education"
means learning experiences which enhance and expand the
				skills, knowledge, and abilities of physical therapists and physical therapist
				assistants to enable them to remain current and render competent professional
				service to clients, the profession, and the public.
D.
"Fellowship"
means a planned
				program designed to provide greater depth in a specialty or subspecialty area
				and requires a minimum of 1000 hours of instruction.
E.
"Panel"
means the
				presentation of a number of views by several qualified individuals on a given
				subject.
F.
"Workshop"
means a series of meetings designed for intensive study, skill development, or
				discussion in a specific field of interest.
G.
"Seminar/In-service"
means
				directed study for a group for advanced study, work or discussion in a specific
				field of interest.
H.
"Symposium"
means a conference of more than a single session
				organized for the purpose of discussing a specific subject from various
				viewpoints and by various speakers.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 8 - RENEWAL REQUIREMENTS AND CONTINUING EDUCATION › Section 16.20.8.8 - RENEWAL REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Renewal
				of license.
(1) A licensed physical therapist
				and a physical therapist assistant shall apply for license renewal and pay the
				renewal fee as set forth in 16.20.5 NMAC, Schedule of Fees.
(2) Licenses will be renewed biennially.
				Licenses will expire on February 1 following no more than two years of
				licensure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 8 - RENEWAL REQUIREMENTS AND CONTINUING EDUCATION › Section 16.20.8.9 - CONTINUING EDUCATION REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Continuing education is required for license renewal of
				  physical therapists and physical therapist assistants in order to ensure that
				  New Mexico licensees are providing the highest quality professional
				  services.
A. Thirty hours of
				continuing education will be required biennially, except those who will renew
				their license for the first time. No continuing education is required of those
				who are renewing for the first time. All continuing education hours must be
				earned during the current two year renewal period of February 1 through January
				31.
B. The board shall audit a
				percentage of renewal applications each year to verify the continuing education
				requirement. If the licensee is audited, proof of participation in or
				presentation of continuing education activity must be submitted along with a
				renewal form.
(1) If a notice of audit is
				received with the license renewal notice, the licensee must submit evidence of
				continuing education hours earned during the current biennial renewal cycle to
				the board as requested and as required in the Physical Therapy Act and by this
				rule.
(2) If the licensee is not
				audited, the licensee will have to sign an affidavit attesting to the
				completion of the required hours of continuing education and the licensee shall
				retain all documentation of attendance for the previous cycle immediately
				preceding the current renewal.
(3)
				The board reserves the right to audit continuing education attendance
				certificates whenever there is reasonable doubt the courses submitted, dates,
				or hours may be incorrect.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 8 - RENEWAL REQUIREMENTS AND CONTINUING EDUCATION › Section 16.20.8.10 - CONTINUING EDUCATION CREDIT CARRYOVER

Current through Register Vol. 35, No. 13, July 16, 2024
No carryover hours will be permitted. Thirty continuing
				  education hours must be earned during the current two year renewal period of
				  February 1 through January 31.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 8 - RENEWAL REQUIREMENTS AND CONTINUING EDUCATION › Section 16.20.8.11 - FAILURE TO MEET CONTINUING EDUCATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Failure to meet continuing education requirements will cause
				  the board to refuse to renew the physical therapist or physical therapist
				  assistant license in accordance with the Uniform Licensing
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 8 - RENEWAL REQUIREMENTS AND CONTINUING EDUCATION › Section 16.20.8.12 - APPROVAL OF CONTINUING EDUCATION CONTACT HOURS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The process for approval of continuing
				education is as follows:
(1) the board or its
				designee will approve each request for continuing education credit; course
				approval must be requested by the course sponsor prior to the course or
				retroactively; however, licensee's are not required to obtain approval but can
				request approval prior to a course or retroactively to ascertain that a course
				is acceptable as continuing education;
(2) the party requesting approval will be
				informed of the board's or designee's determination within 30 calendar days of
				receipt of the request;
(3) the
				course sponsor or licensee whose request has been denied may appeal the denial
				at the next board meeting; and
(4)
				the same program may be provided more than one time and at different locations
				within the calendar year in which the fee was paid without the payment of
				additional fees.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 9 - EDUCATION CRITERIA FOR FOREIGN-EDUCATED APPLICANTS › Section 16.20.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All individuals who wish to practice physical therapy in the
				  State of New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 9 - EDUCATION CRITERIA FOR FOREIGN-EDUCATED APPLICANTS › Section 16.20.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 61-12-10 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 9 - EDUCATION CRITERIA FOR FOREIGN-EDUCATED APPLICANTS › Section 16.20.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 15, 1997, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 9 - EDUCATION CRITERIA FOR FOREIGN-EDUCATED APPLICANTS › Section 16.20.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 9 of Chapter 20 is to establish
				  regulations for foreign educated applicants applying for licensure and to
				  establish educational criteria providing proof of competency to practice as a
				  physical therapist in the State of New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 9 - EDUCATION CRITERIA FOR FOREIGN-EDUCATED APPLICANTS › Section 16.20.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				"Foreign-educated applicant" means a physical therapist that graduated from any
				physical therapy educational program outside the fifty states, Puerto Rico,
				District of Columbia, or U.S. territories.
B. "Substantially equivalent" means the
				applicant meets criteria as set forth in 16.20.9.8 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 9 - EDUCATION CRITERIA FOR FOREIGN-EDUCATED APPLICANTS › Section 16.20.9.8 - EQUIVALENT

Current through Register Vol. 35, No. 13, July 16, 2024
The foreign-educated applicant must have graduated from a
				  physical therapist educational program that prepares the applicant to practice
				  without restriction in the United States. This includes coursework in those
				  elements of practice that are necessary for autonomous practice such as
				  determining a patient's diagnosis for physical therapy and managing a patient's
				  care within healthcare systems found in the United States. The coursework
				  content should be substantially equivalent to coursework completed by graduates
				  of accredited programs in the United States. Substantially equivalent means the
				  applicant has satisfied or exceeded the minimum number of credits required in
				  general and professional education needed for a U.S. first professional degree
				  in physical therapy. Substantial equivalency in coursework content, as well as,
				  required semester credits is determined by a board-sanctioned credentials
				  review using the appropriate coursework evaluation tool (CWT) adopted by the
				  federation of state boards of physical therapy (FSBPT). The appropriate CWT
				  means the latest edition CWT that applies to the time the foreign educated
				  physical therapist graduated from his or her physical therapy
				  program.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 9 - EDUCATION CRITERIA FOR FOREIGN-EDUCATED APPLICANTS › Section 16.20.9.9 - CREDENTIAL EVALUATION

Current through Register Vol. 35, No. 13, July 16, 2024
Foreign-educated applicants must submit a credential
				  evaluation from an educational credentialing evaluation service that uses a
				  course work evaluation tool approved by the board.
A. The minimum educational credentials of a
				foreign-educated physical therapist should be a degree in physical therapy with
				all credits being earned at an institution of higher learning.
B. The board will accept final credential
				reports only from the credentialing service and only if the credential
				evaluation has been prepared within one year prior to the application
				date.
C. The credentialing agency
				must identify and list those courses which would not transfer to the U.S. as a
				"C" or above or "pass" or "credit" in accordance with the most current version
				of the
national association for foreign student affairs handbook on the
				placement of foreign graduate students
. The agency must omit any of
				these courses that are required physical therapy courses when evaluating the
				equivalency of the credentials to a U.S. degree in physical therapy.
D. Should the foreign-educated applicant's
				credential evaluation fail to demonstrate equivalency according to standards of
				accredited physical therapy programs in the United States, upon a request by
				the applicant for reconsideration, the board will reconsider whether the
				applicant has substantially met the requirements of 16.20.9.8 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 9 - EDUCATION CRITERIA FOR FOREIGN-EDUCATED APPLICANTS › Section 16.20.9.10 - CURRENT LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Foreign-educated applicants must show evidence of an active, valid license in
				good standing, without limitation, or other current authorization to practice
				physical therapy from an appropriate authority in the country where the
				foreign-educated applicant was educated or eligible for licensure. Original
				documentation must be sent directly to the board by the licensure authority in
				the country of education (documents handled by a courier service or third party
				will not be accepted). All documentation must be in English or accompanied by a
				certified English translation.
B.
				Foreign-educated applicants who have been licensed and have practiced in good
				standing for a minimum of one year in another state, in the United States, will
				not be required to provide proof of a license from their country of education.
				Proof of licensure will be required from each state in which the applicant has
				been licensed. Such proof of licensure must be received by the New Mexico board
				directly from the state boards where currently and previously
				licensed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 9 - EDUCATION CRITERIA FOR FOREIGN-EDUCATED APPLICANTS › Section 16.20.9.11 - VERIFICATION OF EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
Foreign-educated applicants must provide the board with
				  original transcripts submitted directly from the educational institution in the
				  country of origin; (documents handled by courier service or third party will
				  not be accepted), signed only by the university registrar, physiotherapy school
				  director or dean of the college. All documentation must be in English or
				  accompanied by a certified English translation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 9 - EDUCATION CRITERIA FOR FOREIGN-EDUCATED APPLICANTS › Section 16.20.9.12 - VERIFICATION OF EMPLOYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Foreign-educated applicants must provide the board with a
				  letter from the applicant's most recent employer verifying the applicant's
				  position and dates of employment in the field of physical therapy. This letter
				  must be received by the board directly from the employer. (Documents handled by
				  courier service or third party will not be accepted).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 9 - EDUCATION CRITERIA FOR FOREIGN-EDUCATED APPLICANTS › Section 16.20.9.13 - CORRECTION OF EDUCATIONAL DEFICIENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants may correct educational deficiencies by completing
				  any of the following requirements.
A.
				College level examination program (CLEP) scores may be applied towards college
				credit. The conversion of CLEP scores to college credits must be provided by a
				board approved credentialing agency.
B. An applicant may obtain college-level
				credits in the deficient areas.
C.
				Complete other course work as approved by the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 9 - EDUCATION CRITERIA FOR FOREIGN-EDUCATED APPLICANTS › Section 16.20.9.14 - CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The documentation required in
				  16.20.9.8
				  NMAC through
				  16.20.9.12
				  NMAC does not have to be submitted if the applicant provides a notarized copy
				  of a type I comprehensive credential evaluation certificate for the physical
				  therapist from the foreign credentialing commission of physical therapy (FCCPT)
				  that is required for all applicants who received their education outside the
				  United States to verify that the applicant's education is substantially
				  equivalent to a US degree in physical therapy, that the applicant satisfies the
				  FCCPT's English proficiency requirements, and that the license or authority to
				  practice obtained in the applicant's country of education is
				  unencumbered.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 10 - DIRECT CARE REQUIREMENTS › Section 16.20.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 15, 1997, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 10 - DIRECT CARE REQUIREMENTS › Section 16.20.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this section, "licensed health care provider"
				  means: a physician licensed pursuant to the Medical Practice Act; an
				  osteopathic physician licensed pursuant to Chapter 61, Article 10 NMSA 1978; a
				  chiropractic physician licensed pursuant to the Chiropractic Physician Practice
				  Act; a podiatrist licensed pursuant to the Podiatry Act; a dentist licensed
				  pursuant to the Dental Health Care Act; a doctor of oriental medicine licensed
				  pursuant to the Acupuncture and Oriental Medicine Practice Act; a certifed
				  nurse practitioner licensed pursuant to the Nursing Practice Act; a certifed
				  nurse-midwife licensed pursuant to the Nursing Practice Act and registered with
				  the public health division of the department of health as a certifed
				  nurse-midwife; a certifed nurse specialist licensed pursuant to the Nursing
				  Practice Act; or a physician assistant licensed pursuant to the Medical
				  Practice Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 10 - DIRECT CARE REQUIREMENTS › Section 16.20.10.8 - DIRECT CARE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A physical therapist shall refer a patient to the patient's
				  licensed health care provider if:
A.
				After thirty (30) 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 (30)-day limit shall not
				apply to:
(1) 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;
(2) services provided for health promotion,
				wellness, ftness or maintenance purposes; or
(3) 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
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.20.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted pursuant to the Physical Therapy Act,
				  NMSA 1978, Sections
				  61-12D-5
				  C,
				  61-12D-13,
				  61-12D-14
				  and
				  61-12D-15.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.20.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 12, 2008, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.20.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 11 of Chapter 20 is to establish the
				  procedures for filing complaints and taking disciplinary actions against
				  licensed physical therapists and physical therapist assistants, applicants for
				  such licensure and unlicensed persons engaging in the practice of physical
				  therapy.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.20.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Complaint"
				means a sworn written complaint, filed with the board.
B. "Complaint committee" means the committee
				consisting of a member of the board appointed by the chairperson and the board
				administrator.
C. "Complainant"
				means the complaining party who has filed a complaint with the board.
D. "Notice of contemplated action" means the
				administrative process used by the board for a licensee, registrant or
				applicant for licensure or registration to be afforded notice and an
				opportunity to be heard in a formal hearing before the board, before the board
				has authority to take any action which would result in denial, suspension,
				revocation, restriction, probation, monitoring, censuring, etc., of a license,
				registration, application or licensure or registration.
E. "Respondent" is the party against whom a
				complaint is filed.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.20.11.8 - COMPLAINT PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A complaint may be initiated by any person through a
				  telephone call, in writing or by visiting the board office. Only complaints
				  written on the official physical therapy complaint form will be formally
				  addressed by the board. The forms required for an official complaint can be
				  obtained from the board office, board of examiners for physical therapy, P.O.
				  Box 25101, Santa Fe, NM, 87504. Complaints must contain factual allegations,
				  constituting the alleged violations of any provisions of the Physical Therapy
				  Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.20.11.9 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				complaint may be initiated in writing by any person.
B. Complaints must be legible, either printed
				in black ink or typed.
C.
				Complaints must contain factual allegations, constituting the alleged
				violations of any provisions of the Physical Therapy Practice Act and 16.20
				NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.20.11.10 - PROCEDURES FOR RECEIPT OF A COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board's designee will maintain a
				written log of all complaints received which records at a minimum, the date the
				complaint was received, and name, addresses of the complainant(s) and
				respondent(s).
B. Upon receipt of a
				complaint the board's designee will:
(1) log
				in the date the complaint was received;
(2) determine whether the respondent is
				licensed, registered or an applicant for licensure or registration with the
				board;
(3) assign a complaint
				number and create an individual file. Complaint numbering shall begin in
				January of each year;
(4) send
				complainant written acknowledgment of receipt of the complaint;
(5) immediately forward the complaint to the
				complaint committee; the complaint committee chair will be responsible for
				convening the complaint committee to review the complaint(s).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.20.11.11 - COMPLAINT COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board chair will appoint a complaint committee consisting of at least one
				member of the board, who will chair the committee. The board chair may also
				appoint to the complaint committee the board administrator and/or a complaint
				manager.
B. The complaint committee
				will handle complaints in a confidential manner as required by law.
C. The complaint committee will review all
				complaints received by the board and make recommendations for disposition of
				the complaint to the full board in executive session.
D. No complaint committee meeting will be
				held without the presence of the board member.
E. A complaint committee member who believes
				he or she is not capable of judging a particular complaint fairly on the basis
				of its own circumstances will not participate; another professional member will
				be appointed by the chair to serve as committee chair for the complaint being
				considered.
F. For any complaint
				which the complaint committee reasonably anticipates may be referred to the
				board for consideration of the issuance of a notice of contemplated action, the
				respondent will be provided a copy of the complaint and will be allowed a
				reasonable time in which to respond to the allegations in the
				complaint.
G. The foregoing
				notwithstanding, the complaint committee will not be required to provide the
				respondent with a copy of the complaint, or with notice of the filing of a
				complaint or any related investigation, prior to the issuance of a notice of
				contemplated action if the committee determines that disclosure may impair,
				impede or compromise the efficacy or integrity of the investigation.
H. If the complaint committee determines that
				further information is needed, it may issue investigative subpoenas pursuant to
				the Uniform Licensing Act; it may employ an investigator, experts, or other
				persons whose services are determined to be necessary to assist in the
				processing and investigation of the complaint. The complaint committee will
				have independent authority to employ such persons without prior approval of the
				board. The board administrator will determine budgetary availability and will
				contract for investigative services.
I. Upon completion of its review or
				investigation of a complaint, the complaint committee will present a summary of
				the case to the board for the purpose of enabling the board to decide whether
				to proceed with the case or to dismiss the case. A complaint number will
				identify the summary without identifying the complainant(s) or respondent(s) by
				name.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.20.11.12 - BOARD ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the board
				determines that it lacks jurisdiction or that there is not sufficient evidence
				or cause to issue a notice of contemplated action, the case shall be
				closed.
B. The board's designee
				shall send a letter of the board's decision to both the complainant and
				respondent. The letter will state the board's actions and the reasons for its
				decision.
C. If the board
				determines that there is sufficient evidence or cause to issue a notice of
				contemplated action, the board may vote to issue a notice of contemplated
				action.
D. The board's designee
				shall forward a complete copy of the complaint committee's report, including
				exhibits to the attorney general's office for assignment of an administrative
				prosecutor.
E. The board may take
				any other action with regard to a complaint which is within its authority and
				which is within the law, including referring the complaint to the attorney
				general for injunctive proceedings, or referring the complaint to district
				attorneys for prosecution of persons alleged to be practicing physical therapy
				without a proper license or registration.
F. Any board member who believes that he/she
				is not capable of judging a particular complaint fairly on the basis of its own
				circumstances shall not participate in the decision to issue a notice of
				contemplated action and will not participate in the hearing, deliberation, or
				decision of the board.
G. Where the
				appearance of impropriety or any violation of the government conduct act may
				occur a board member shall recuse himself/herself from any hearing,
				deliberation or decision of the board.
H. A member of the complaint committee will
				not participate in the decision whether to issue a notice of contemplated
				action, other than by making a recommendation to the board whether to issue a
				notice of contemplated action, and shall not participate in the hearing,
				deliberation, or decision of the board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.20.11.13 - SETTLEMENT AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				board mary enter into a settlement with the licensee or registrant as a means
				of resolving the complaint.
B. Any
				proposed settlement agreement must be approved by the board, and must also be
				approved by the respondent, upon a knowing and intentional waiver by the
				respondent of his/her right to a hearing as provided by the Uniform Licensing
				Act.
C. The licensee's attorney
				must sign the settlement agreement or the licensee must acknowledge that he or
				she has been advised to seek the advice of an attorney.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 11 - DISCIPLINARY PROCEEDINGS › Section 16.20.11.14 - NOTICE OF CONTEMPLATED ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All disciplinary proceedings will be conducted in accordance with the Uniform
				licensing Act.
B. The board chair,
				or his/her designee, will serve as hearing officer for disciplinary proceedings
				for the purpose of administering pre-hearing procedural matters. The hearing
				officer will be fully authorized to make all necessary procedural decisions on
				behalf of the board, including, but not limited to, matters related to
				discovery, continuances, time extensions, amendment, pre-hearing conferences,
				and proposed findings of fact and conclusions of law.
C. The hearing officer may make such orders
				as he or she determines may be necessary to implement the authority conferred
				by Subsection B of 16.20.11.14 NMAC above, including but not limited to
				discovery schedules, pleading schedules, and briefing schedules.
D. No party will engage in ex-parte
				communications with the hearing officer or any member of the board in any
				matter in which a notice of contemplated action has been issued.
E. Licensees and registrants who have been
				found culpable and sanctioned by the board will be responsible for the payments
				of all costs of the disciplinary proceedings.
F. Following the board's order for suspending
				or revoking the license, any license or registration, including a wall
				certificate, issued by the board and subsequently suspended or revoked will be
				promptly returned to the board office, but no later than 30 days of receipt of
				such order, by the licensee or registrant of the board's order suspending or
				revoking the license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 12 - EXPEDITED LICENSING REQUIREMENTS › Section 16.20.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are promulgated pursuant to Subsection C of
				  Section 62-23D-5, Section
				  61-1-1 to -34 (ULA) (HB 180) NMSA
				  1978 and Section
				  61-1-1 to -37 (ULA) (HB 191) NMSA
				  1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 12 - EXPEDITED LICENSING REQUIREMENTS › Section 16.20.12.5 - 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 20 - PHYSICAL THERAPISTS › Part 12 - EXPEDITED LICENSING REQUIREMENTS › Section 16.20.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The 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.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 12 - EXPEDITED LICENSING REQUIREMENTS › Section 16.20.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "
Eligible
				jurisdiction
" means any state or territory of the United States except
				those included in the list of disapproved licensing jurisdictions under
				16.20.12.8 NMAC
B. "
Expedited license
" means a
				provisional license that confers the same rights, privileges and
				responsibilities as a regular license issued by the board.
C. "
Good standing
" means a
				license or registration is active and not expired, suspended, revoked,
				surrendered, conditioned, or otherwise in a status that in any manner restricts
				the activity of a licensee or registrant under the authority of the
				license.
D.
				"
Jurisdiction
" has the same meaning as defined in Subsection F of
				Section 61-1-2 NMSA 1978.
E. "
Licensing fee
" has the same
				meaning as defined in Subsection E of Paragraph (1) of Section
				61-1-34 NMSA 1978.
F.
"Military service member"
has
				the same meaning as defined in Subsection E of Paragraph (2) of Section
				61-1-34 NMSA 1978.
G. "
Qualified applicant
" means
				an applicant who:
(1) holds a current license
				in good standing in another jurisdiction, as defined by Subsection D of this
				rule;
(2) does not have a
				disqualifying criminal conviction, as defined by Subsection C of
				16.20.3.8 NMAC of the Board's
				rules; and
(3) is not subject to
				pending disciplinary action in New Mexico.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 12 - EXPEDITED LICENSING REQUIREMENTS › Section 16.20.12.8 - EXPEDITED LICENSURE BY RECIPROCITY; LIST OF DISAPPROVED LICENSING JURISDICTIONS; REASONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applicants
				for licensure as physical therapists licensed in the following states and
				territories of the United States shall not be eligible for expedited licensure
				under Subsection H of Section
				61-12D-10 of the Physical Therapy
				Act:
(1) American Samoa, on the grounds that
				education and licensure requirements cannot be determined to be consistent with
				those requirements in New Mexico;
(2) Guam, on the grounds that Guam, on the
				grounds that it cannot be determined if there is an examination
				requirement;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 12 - EXPEDITED LICENSING REQUIREMENTS › Section 16.20.12.10 - EXPEDITED LICENSURE BY RECIPROCITY; APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A candidate for expedited licensure must
				submit to the board a complete application containing all of the following:
(1) A completed and signed application
				form;
(2) Proof of current
				unrestricted license in good standing held by the applicant in another
				jurisdiction, including a branch of the United States armed forces;
(3) Submission of fingerprints and other
				information necessary for a state criminal background check;
(4) Payment of the required application
				fee.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 12 - EXPEDITED LICENSING REQUIREMENTS › Section 16.20.12.11 - CONTINUING EDUCATION REQUIREMENTS; FIRST RENEWAL OF EXPEDITED LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
15 hours of continuing education is required for physical
				  therapists or physical therapists assistants after one (1) year of the
				  expedited licensure;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 12 - EXPEDITED LICENSING REQUIREMENTS › Section 16.20.12.12 - EXPEDITED LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES, DEPENDENTS AND VETERANS; APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A candidate for expedited licensure must
				submit to the board a complete application containing all of the following:
(1) A completed and signed application
				form;
(2) Proof of current
				unrestricted license in good standing held by the applicant in another
				jurisdiction, including a branch of the United States armed forces;
(3) Submission of fingerprints and other
				information necessary for a state criminal background check;
(4) Submission of the following
				documentation:
(a) for military service
				member: a copy of military orders;
(b) for spouse of military service members:
				copy of military service member's military orders, and copy of marriage
				license;
(c) for spouses of
				deceased military service members: copy of decedent's DD 214 and copy of
				marriage license;
(d) for dependent
				children of military service members: a copy of military service member's
				orders listing dependent child, or a copy of military orders and one of the
				following: a copy of birth certificate, military service member's federal tax
				return or other governmental or judicial documentation establishing
				dependency;
(e) for veterans
				(retired or separated): proof of honorable discharge, such as a copy of DD Form
				214, DD Form 215, DD Form 256, DD Form 257, NGB Form 22, military ID card,
				driver's license or state ID card with a veteran's designation, or other
				documentation verifying honorable discharge.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 12 - EXPEDITED LICENSING REQUIREMENTS › Section 16.20.12.13 - EXPEDITED LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES, DEPENDENTS AND VETERANS; DURATION AND RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				An expedited license issued to an applicant under this rule shall be valid for
				one year from the date of issuance.
B. A licensee holding an expedited license
				may apply for license renewal in the manner provided by the board's rules. If
				the licensee holding an expedited license was not required by the licensee's
				original jurisdiction outside of New Mexico to pass the national physical
				therapy examination and the New Mexico jurisprudence exam, the licensee shall
				be required to take and pass the national physical therapy examination and the
				New Mexico jurisprudence exam in accordance with as a prerequisite to license
				renewal.
C. Upon renewal, the board
				shall issue a regular license to a licensee holding an expedited license
				granted under this rule.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 13 - DRY NEEDLING PROVISION › Section 16.20.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
30 days from filing date unless a later date is cited at the
				  end of the section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 13 - DRY NEEDLING PROVISION › Section 16.20.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
the objective for Part 13 of Chapter 20 is to establish
				  regulations for applicants applying for dry needling for physical
				  therapists.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 20 - PHYSICAL THERAPISTS › Part 13 - DRY NEEDLING PROVISION › Section 16.20.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Dry
				needling"
is defined as a skilled technique performed by a physical
				therapist using filiform needles to penetrate the skin or underlying tissues or
				both to effect change in body structures and functions for the evaluation and
				management of neuromusculoskeletal conditions, pain, movement impairments,
				functional limitations and disability.
B.
"High risk areas"
are defined
				as any area that the physical therapist has not been formally trained to
				needle, via a board approved course.