Chapter 61 — Chapter 61

2028.) A. An applicant applying for a license as an occupational therapist or occupational therapy assistant shall file a written application provided by the board, accompanied by the required fees and documentation, and demonstrating to the satisfaction of the board that the app…

The board shall require proof of passage of the national board for certification in occupational therapy examination. The board may require each applicant to pass an examination on the state laws and rules that pertain to the practice of occupational therapy. History: 1978 Comp.,…

A provisional permit may be granted to a person who has completed the education and experience requirements of the Occupational Therapy Act. The permit shall allow the person to practice occupational therapy under the supervision of an occupational therapist. The provisional perm…

effective July 1, 2028.) A. The board shall grant a license to an applicant who presents a valid, unrestricted license as an occupational therapist or an occupational therapy assistant in another licensing jurisdiction and is in good standing with the licensing board of that lice…

A. Each renewal request shall contain the person's name, address and license number. After receipt of information and fees as prescribed by this section, the board shall issue a license certificate. B. Licenses issued pursuant to the Occupational Therapy Act are subject to annual…

A. Each licensee shall display his current license certificate in a conspicuous place in the principal office where he practices occupational therapy. At secondary places of employment, documentation of license shall be verified by photocopy with a note attached indicating where …

A license in good standing may be transferred to inactive status upon written request to the board and payment of an annual inactive status fee as set by the board. Such request shall be made prior to the expiration of the license. The licensee shall not practice in New Mexico du…

Except as provided in Section 61-1-34 NMSA 1978, the board shall establish a schedule of reasonable fees, including an initial licensure fee, an annual renewal fee, an examination fee, a late renewal fee and an inactive status fee. The initial licensure fee is not refundable and …

The Occupational Therapy Act is enforceable according to the procedures set forth in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978]. History: 1978 Comp., § 61-12A-19, enacted by Laws 1996, ch. 55, § 19.

It is the purpose of the Occupational Therapy Act to provide for the regulation of persons offering occupational therapy services to the public in order to safeguard the public health, safety and welfare; to protect the public from being misled by incompetent and unauthorized per…

A. The "board of examiners for occupational therapy fund" is created in the state treasury. B. Money received by the board pursuant to the Occupational Therapy Act shall be deposited in the fund. Money in the fund shall not revert to the general fund at the end of any fiscal year…

A. An unlicensed person, other than an occupational therapy aide or technician, occupational therapy student or occupational therapy assistant student or person practicing under a provisional permit, who practices occupational therapy is guilty of a misdemeanor and upon convictio…

(Repealed effective July 1, 2028.) In accordance with procedures established by the Uniform Licensing Act [61-1-to 61- 1-31 NMSA 1978], the board may deny, suspend or revoke any license or permit held or applied for under the Occupational Therapy Act upon the grounds that the lic…

July 1, 2028.) The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern any consideration of criminal records required or permitted by the Occupational Therapy Act. History: Laws 1996, ch. 55, § 23.

effective July 1, 2028.) The board of examiners for occupational therapy is terminated on July 1, 2027 pursuant to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Occupational Therapy Act unti…

effective July 1, 2028.) Nothing in the Occupational Therapy Act shall be construed as limiting the practice of other licensed and qualified health professionals in their specific disciplines. History: Laws 2019, ch. 5, § 4.

As used in the Occupational Therapy Act: A. "board" means the board of examiners for occupational therapy; B. "censure" means a formal expression of disapproval that is publicly announced; C. "denial of license" means that a person is barred from becoming licensed to practice in …

1, 2028.) The practice of occupational therapy includes the following processes and services: A. evaluation of factors affecting all areas of occupation, including activities of daily living, instrumental activities of daily living, rest and sleep, education, work, productivity, …

1, 2028.) Occupational therapy shall not be performed by an occupational therapy assistant or by any person practicing on a provisional permit unless the occupational therapy is supervised by an occupational therapist. The board shall adopt rules defining supervision. History: 19…

A. Unless licensed to practice the level of occupational therapy provided in the Occupational Therapy Act, a person shall not practice as an occupational therapist or occupational therapy assistant. B. It is unlawful for a person not licensed pursuant to the Occupational Therapy …

Nothing in the Occupational Therapy Act shall be construed as preventing or restricting the practice, services or activities of: A. a person engaged in the profession or occupation for which he is licensed in New Mexico; B. a person lawfully engaged in a profession or occupation …

A. The "board of examiners for occupational therapy" is created. B. The board shall be administratively attached to the regulation and licensing department. C. The board shall consist of five members appointed by the governor who have been residents of the state for at least two …

2028.) A. The board shall: (1) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to carry out the provisions of the Occupational Therapy Act; (2) use funds to meet the necessary expenses incurred in carrying out the provisions of the Occupa…

Chapter 61, Article 12B NMSA 1978 may be cited as the "Respiratory Care Act". History: Laws 1984, ch. 103, § 1; 2001, ch. 188, § 2.

2028.) The provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978] shall govern consideration of criminal records required or permitted by the Respiratory Care Act. History: Laws 1984, ch. 103, § 10; 2001, ch. 188, § 11.

A. Except as provided in Section 61-1-34 NMSA 1978, the superintendent, in consultation with the board, shall by rule establish a schedule of reasonable fees for licenses, temporary permits and renewal of licenses for respiratory care practitioners. B. The initial application fee…

licenses. (Repealed effective July 1, 2028.) A. The superintendent in consultation with the board and in accordance with the rules set forth by the department and the procedures set forth in the Uniform Licensing Act [61-1-1 through 61-1-31 NMSA 1978] may take disciplinary action…

payment. (Repealed effective July 1, 2028.) A. There is created in the state treasury the "respiratory care fund". B. All funds received by the superintendent and money collected under the Respiratory Care Act shall be deposited with the state treasurer. The state treasurer shall…

ANNOTATIONS Repeals. — Laws 2001, ch. 188, § 17 repealed 61-12B-14 NMSA 1978, as enacted by Laws 1984, ch. 103, § 14, regarding the creation of rules to implement the Respiratory Care Act, effective June 15, 2001. For provisions of former section, see the 2000 NMSA 1978 on NMOneS…

A. A person who violates a provision of the Respiratory Care Act is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31- 19-1 NMSA 1978. B. The department may bring civil action in any district court to enforce any of the provisions of t…

effective July 1, 2028.) The advisory board of respiratory care practitioners is terminated on July 1, 2027 pursuant to the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The board shall continue to operate according to the provisions of the Respiratory Care Act until July 1, 2028. E…

If any part or application of the Respiratory Care Act is held invalid, the remainder or its application to other situations or persons shall not be affected. History: Laws 2001, ch. 188, § 16.

In the interest of public health, safety and welfare and to protect the public from the unprofessional, improper, incompetent and unlawful practice of respiratory care, it is necessary to provide laws and rules to govern the practice of respiratory care. The primary purpose of th…

As used in the Respiratory Care Act: A. "board" means the advisory board of respiratory care practitioners; B. "department" means the regulation and licensing department or that division of the department designated to administer the provisions of the Respiratory Care Act; C. "re…

2028.) A. No person shall practice respiratory care or represent himself to be a respiratory care practitioner unless he is licensed pursuant to the provisions of the Respiratory Care Act, except as otherwise provided by that act. B. A respiratory care practitioner may transcribe…

A. The superintendent shall appoint an "advisory board of respiratory care practitioners" consisting of five members as follows: (1) one physician licensed in New Mexico who is knowledgeable in respiratory care; (2) two respiratory care practitioners who are residents of New Mexi…

1, 2028.) A. The department, in consultation with the board, shall: (1) evaluate the qualifications of applicants and review the required examination results of applicants. The department may recognize the entry level examination written by the national board for respiratory care…

effective July 1, 2028.) A person desiring to become licensed as a respiratory care practitioner shall make application to the department on a written form and in such manner as the department prescribes, pay all required application fees and certify and furnish evidence to the d…

(Repealed effective July 1, 2028.) A. The department shall waive the education and examination requirements for an applicant who presents proof that the applicant holds a valid, unrestricted license in another licensing jurisdiction and is in good standing with that licensing jur…

2028.) A. The department, in consultation with the board, shall adopt rules for mandatory continuing education requirements that shall be completed as a condition for renewal of a license issued pursuant to the provisions of the Respiratory Care Act. B. The department, in consult…

Chapter 61, Article 12C NMSA 1978 may be cited as the "Massage Therapy Practice Act". History: Laws 1991, ch. 147, § 1; 1993, ch. 173, § 1; 1999, ch. 240, § 1.

schools. (Repealed effective July 1, 2028.) A. The board shall establish by rule procedures for the registration of massage therapy schools and shall register massage therapy schools that meet the requirements of the Massage Therapy Practice Act and rules adopted by the board pur…

suspension and revocation. (Repealed effective July 1, 2028.) A. A person shall not maintain, manage or operate a massage therapy school offering education, instruction or training in massage therapy unless the school is a registered massage therapy school. B. Massage therapy sch…

July 1, 2028.) A massage therapy license or registration issued by the board shall at all times be posted in a conspicuous place in the holder's principal place of business. History: Laws 1991, ch. 147, § 11; 1993, ch. 173, § 10; 1999, ch. 240, § 10.

2028.) A license or registration issued pursuant to the Massage Therapy Practice Act is not assignable or transferable. History: Laws 1991, ch. 147, § 12; 1993, ch. 173, § 11.

A. The board shall establish by rule the required examinations for licensure as a massage therapist and the procedures for taking and retaking them. The board shall determine the passing grade on examinations. B. The board shall specify by rule the general areas of competency to …

A. Prior to examination, an applicant for licensure may obtain a temporary license to engage in the practice of massage therapy if the applicant meets all the requirements for licensure except completion of the examination. B. The temporary license is valid until the results of t…

ANNOTATIONS Repeals. — Laws 1993, ch. 173, § 22 repealed 61-12C-15 NMSA 1978, as enacted by Laws 1991, ch. 147, § 15, concerning licensure without examination, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.

July 1, 2028.) A. The board shall license an out-of-state applicant in accordance with Section 61- 1-31.1 NMSA 1978 if the applicant possesses a valid, unrestricted license or registration to practice massage therapy in another licensing jurisdiction and pays required fees. As so…

effective July 1, 2028.) A. Except as provided for initial licensure in Subsection B of Section 61-12C-9 NMSA 1978, massage therapy licenses shall expire biennially. Expiration dates shall be established by rule. B. The board may establish continuing education requirements as a c…