New Mexico Register / Volume XXXIII, Issue 2 / January 26, 2022
This is an amendment
to 16.15.2 NMAC, Sections 7, 9, 10, 13, 14, 16 and 19, effective 2/24/2022.
16.15.2.7 DEFINITIONS:
[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.] has the same meaning as
defined in Paragraph (3) of Subsection F of Section 61-1-34 NMSA 1978.
[B. Recent veteran: means a person who has received an
honorable discharge or separation from military service within the two (2)
years immediately preceding the date the person applied for an occupational or
professional license pursuant to this section.
C. Spouse:
means a person married to the military service member or recent veteran, in a
marriage recognized by the state of New Mexico.]
[6/14/1997; 16.15.2.7 NMAC - Rn, 16 NMAC 15.2.7, 6/29/2000; A, 1/30/2015; A, 2/24/2022]
16.15.2.9 INITIAL APPLICATION FOR LICENSURE:
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 [(6)] 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
[ten (10)] 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.
F. An
occupational therapy assistant (OTA), shall file with the board a signed,
current statement of supervision by the occupational therapist (OT) who will be
responsible for the supervision of the occupational therapy assistant (OTA) within
20 business days of starting employment as an OTA. Both the supervisor and
supervisee carry responsibility for notifying the board within [ten (10)]
10 work days when there is a change of supervisor.
G. On-line applications will require a notarized signature card be filed with the board office.
H. All licenses are the property of the board and shall forthwith be returned to the board, if requested.
I. No license is valid without the official board seal.
J. [Questions
of felony convictions or misdemeanors involving moral turpitude have to be
satisfactorily resolved. The board may require proof that the person has been
sufficiently rehabilitated to warrant the public trust. Proof of sufficient
rehabilitation may include, but not be limited to; certified proof of
completion of probation or parole supervision, payment of fees, community
service or any other court ordered sanction.] Convictions for any of the
following offenses, or their equivalents in any other jurisdiction are
disqualifying criminal convictions that may disqualify an applicant from
receiving or retaining a license issued by the board:
(1) crimes involving homicide; murder,
manslaughter, or resulting in death;
(2) crimes involving human trafficking, or
trafficking in controlled substances;
(3) kidnapping, false imprisonment,
assault, aggravated assault, battery or aggravated
battery;
(4) rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure,
prostitution,
or other sexual crimes;
(5) crimes involving great bodily harm,
adult abuse, injury to pregnant woman, child abuse, neglect, abandonment,
stalking, aggravated stalking, custodial interference, unlawful interference
with custody, sabotage, financial exploitation, exploitation of a care facility
resident’s property,
or criminal damage to property of a household member;
(6) contributing to the delinquency of a
minor, unlawful carrying of a deadly weapon on school premises, unlawful
carrying of a firearm in an establishment licensed to dispense alcoholic
beverages, or a felon in possession of a firearm;
(7) crimes involving the unauthorized
distribution of sensitive images;
(8) crimes involving ransom, robbery,
larceny, extortion, burglary, sabotage, fraud, forgery, embezzlement, identity
theft, credit card fraud or unauthorized use of a credit card; receiving stolen
property, stolen vehicles, money laundering, or burglary tools;
(9) crimes involving unlawful taking,
embezzlement or fraudulently obtaining a vehicle or motor vehicle;
(10) crimes involving making a bomb scare,
arson, explosives, incendiary devices, facsimile bombs, hoax explosives, deadly
weapons, or firearms;
(11) crimes involving seizing or exercising control
of a bus by force or violence or by threat
of
force or violence;
(12) Violation of Partial-Birth Abortion Ban
Act or the Endowed Care Cemetery Act;
(13) crimes involving the unlawful disposal
of, use or sale of an unclaimed body;
(14) intentionally hampering, obstructing,
tampering or destroying a monitoring device or a recording made by a monitoring
device installed in a facility pursuant to the Patient Care Monitoring Act;
(15) crimes involving the second or
subsequent offense of certain prohibited acts of the owner of a dangerous or
potentially dangerous dog in the Dangerous Dog Act;
(16) crimes involving cruelty to animals,
dog fighting, cockfighting, unlawful tripping of an equine causing the maiming,
crippling or death of the equine, injury to police dog, police horse or fire
dog;
(17) crimes involving the use of telephone
to terrify, intimidate, threaten, harass, annoy or offend;
(18) crimes involving the use of any
firearm, destructive device or technique capable of causing injury or death to
any person with the intent that the knowledge or skill taught, demonstrated or
gained be unlawfully used in furtherance of a civil disorder;
(19) violations of the Model State Commodity
Code, the New Mexico Uniform Securities
Act,
the Mortgage Loan Company Act, Uniform Money Services Act, or the New
Mexico
Mortgage Loan Originator Licensing Act;
(20) crimes involving procuring or
attempting to procure telecommunications service by theft or intentional damage
of, communications or public utility equipment, whether customer or
utility-owned, which created a public safety hazard or causes a disruption of
communications services or public utility services to 10 or more households;
(21) crimes involving violations of the
Election Code;
(22) crimes involving bribery, intimidating
witnesses, retaliation against a witness, tampering with evidence, tampering
with public records, performing an official act for personal gain, demanding or
receiving a bonus, gratuity or bribe, unlawful interest in a contract involving
an irrigation district, or receiving profits derived from an unlawful interest
in a contract involving an irrigation district, or unlawful interest in a
public contract;
(23) crimes involving jury tampering,
impersonating a peace officer, or disarming a peace officer;
(24) crimes involving escape from custody,
community custody release program, jail or penitentiary, or fleeing a law
enforcement officer;
(25) crimes involving unlawful rescue,
procuring escape, or conniving at, aiding or assisting escape of a person
confined or held in lawful custody or confinement, or harboring or aiding a
felon;
(26) crimes involving furnishing articles
for a prisoner’s escape, furnishing drugs or liquor to
a
prisoner, or bringing contraband into a prison or jail;
(27) crimes involving tax evasion or tax
fraud;
(28) willful failure to collect and pay over
taxes;
(29) crimes involving attempts to evade or
defeat any tax;
(30) crimes involving paying or receiving public
money for services not rendered;
(31) crimes involving violations of the
Cigarette Tax Act, including packaging cigarettes and
counterfeit
stamps;
(32) crimes involving violations of the
Cigarette Enforcement Act;
(33) crimes involving the Savings and Loan
or the Credit Union Act;
(34) crimes involving perjury, false
swearing of oath or affidavit, false voting, falsifying documents, filing false
documents, making false statements, making an unauthorized withdrawals,
obtaining information under false pretenses, or providing the credit bureau
information of a consumer to an entity who is not authorized to receive that
information;
(35) crimes involving an act or omission,
with intent to defraud, expressly declared to be unlawful by the Banking Act,
(36) crimes involving altering or changing
engine or other number of a vehicle or motor vehicle;
(37) crimes involving any contractor or
subcontractor justly indebted to a supplier of material or labor who accepts
payment for construction and knowingly and intentionally applies the proceeds
to a use other than paying those persons with whom he contracted;
(38) crimes involving knowingly authorizing
or assisting in the publication, advertising, distribution or circulation of
any false statement or representation concerning any subdivided land offered
for sale or lease, or with knowledge that any written statement relating to the
subdivided land is false or fraudulent, issuing, circulating, publishing or
distributing it;
(39) crimes involving making or permitting a
false public voucher;
(40) crimes involving a false public
voucher, false reports, uttering false statements, paying or receiving public
money for services not rendered;
(41) crimes involving violations of the New
Mexico Uniform Securities Act;
(42) crimes involving extortionate
extensions of credit or racketeering;
(43) crimes involving the Pyramid
Promotional Scheme Act or Antitrust Act;
(44) crimes involving the unlawful request,
receipt, or offer to another that is exchanged for the promised performance of
an official act, or illegal kickbacks;
(45) failing to comply with the registration
or verification requirements of the Sex Offender
Registration
and Notification Act;
(46) crimes involving the practice of
medicine, dentistry, optometry or osteopathic medicine
without
a license or authorization of the appropriate regulating authority;
(47) second or subsequent conviction of
Chiropractic Physician Practice Act;
(48) crimes involving certain violations of
the Optometry Act;
(49) crimes involving the Medicaid Fraud
Act,
(50) fourth or subsequent conviction for
driving under the influence of intoxicating liquor or drugs;
(51) crimes involving controlled substances,
including violations of the Controlled
Substances
Act;
(52) crimes involving violations of the Drug
Precursor Act or the Drug, Device and Cosmetic
Act;
(53) crimes involving violations of the New
Mexico Subdivision Act or the Mortgage
Foreclosure
Consultant Prevention Act;
(54) misuse of funds;
(55) intent to defraud uses on a public
security or instrument of payment;
(56) crimes involving a violation of the
Governmental Conduct Act; or
(57) an attempt, solicitation, or conspiracy
involving any of the felonies in this
subsection.
K. the board shall not consider the
fact of a criminal conviction as part of an application for licensure unless
the conviction in question is one of the disqualifying criminal convictions
listed in Subsection J of this rule.
L. the board shall not deny, suspend or
revoke a license on the sole basis of a criminal conviction unless the
conviction in question is one of the disqualifying convictions listed in
Subsections J of this rule.
M. nothing in this rule prevents the board
from denying an application or disciplining a licensee on the basis of an
individual’s conduct to the extent that such conduct violated the Occupational
Therapy Act, regardless of whether the individual was convicted of a crime for
such conduct or whether the crime for which the individual was convicted is
listed as one of the disqualifying criminal convictions listed in Subsection J
of this rule.
N. in connection with an application
for licensure, the board shall not use, distribute, disseminate, or admit into
evidence at an adjudicatory proceeding criminal records of any of the
following:
(1) an arrest not followed by a valid
conviction;
(2) a conviction that has been sealed,
dismissed, expunged or pardoned;
(3) a juvenile adjudication; or
(4) a conviction for any crime other than
the disqualifying criminal convictions listed in Subsection J of this rule.
[6/14/1997; 2/14/1998; 16.15.2.9 NMAC - Rn, 16 NMAC 15.2.9, 6/29/2000; A, 4/3/2003; A, 8/29/2005; A, 1/30/2015; A 2/24/2022]
16.15.2.10 PROVISIONAL PERMITS:
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 [(6)] months after issuance. Failure to sit for the NBCOT examination
within six [(6)] 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 [ten (10)] 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.
[6/14/1997; 16.15.2.10 NMAC - Rn, 16 NMAC 15.2.10, 6/29/2000; A, 4/3/2003; A, 2/24/2022]
16.15.2.13 ANNUAL RENEWAL:
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.
[6/14/1997; 16.15.2.13 NMAC - Rn & A, 16 NMAC 15.2.13, 6/29/2000; A, 4/3/2003; A 2/24/2022]
16.15.2.14 EXPIRED LICENSE OR NON-PRACTICE:
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 [(3)] 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) [twenty
(20)] 15 continuing education contact hours for each year the
applicant was not practicing as an occupational therapist or occupational
therapy assistant, not to exceed [one hundred (100)] 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.
[6/14/1997; 16.15.2.14 NMAC - Rn & A, 16 NMAC 15.2.14, 6/29/2000; A, 4/3/2003; A, 8/29/2005; A, 1/30/2015; A, 2/24/2022]
16.15.2.16 REINSTATEMENT OF LICENSURE:
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.
B. Reinstatement of an occupational therapist or occupational therapy
assistant license that has lapsed in New Mexico for more than one [(1)]
year, where there is evidence of continued practice with an unrestricted
license/registration/certification in another state requires the following:
(1) completion of the initial application;
(2) payment of the application;
(3) payment of the current year renewal fee;
(4) proof of [twenty (20)] 15 continuing education hours for
each year of the lapsed New Mexico license; not to exceed [one hundred (100)]
75 hours or where there is evidence of continued practice with an
unrestricted license, registration or certification from another U.S.
jurisdiction as well as evidence of meeting the continuing education
requirement in that same U.S. jurisdiction during the period of lapse;
(5) passage of the jurisprudence examination; and
(6) verification of all current, valid unrestricted licenses/registrations/certifications
from other U.S. jurisdictions; verifications may be received by the board via
regular mail, electronic mail, or facsimile; verifications must be signed and
dated by an official of the agency licensing the applicant and include the
following data:
(a) name and address of the applicant;
(b) license/registration/certification number and date of issuance;
(c) expiration date of the license/registration/certification;
(d) a statement of whether the applicant was denied a license/registration/certification
by the agency;
(e) a statement of whether any disciplinary action is pending or has been
taken against the applicant; and;
(f) receipt of verification of employment for states not requiring licensure,
registration, or certification.
[16.15.2.16 NMAC -
N, 8/29/2005; A, 1/30/2015; A, 2/24/2022]
16.15.2.19 EXPEDITED LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS: Application Requirements.
A. Applications
for registration shall be completed on a form [(electronic or hard copy)]
provided by the [department.] board of examiners for occupational
therapy.
B. [The
information shall include:] The applicant shall provide a complete
application that includes the following information:
(1) [completed
application and fee] applicant’s full name;
(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
2 through 34 NMSA 1978;] current mailing address;
(3) [proof of honorable discharge
(DD214) or military identification card or proof of marriage for spousal
status.] current electronic mail address, if any;
(4) date
of birth;
(5) background
check, if required; and
(6) proof
as described in subsection C below.
C. [Electronic
signatures will be acceptable for applications submitted pursuant to Sections
14-16-1 through 14-16-21 NMSA 1978.] The applicant shall provide the
following satisfactory evidence as follows:
(1) applicant
is currently licensed and in good standing in another jurisdiction, including a
branch of the United States armed forces;
(2) applicant
has met the minimal licensing requirements in that jurisdiction and the minimal
licensing requirements in that jurisdiction are substantially equivalent to the
licensing requirement for New Mexico; and
(3) the
following documentation:
(a) for military service member: 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 spouse of deceased military
service members: copy of decedent’s DD 214and copy of marriage license;
(d) for dependent children of military
service member: copy of military service member’s order listing dependent
child, or copy of military order and one of the following: 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):
copy of DD 214 showing proof of honorable discharge.
D. The
license or registration shall be issued by the board as soon as practicable but
no later than 30 days after a qualified military service member, spouse, dependent
child, or veteran files a complete application and provides a background check
if required for a license, and any required fees.
E. Military
service members and veterans shall not pay and the board shall not charge a
licensing fee for the first three years for a license issued pursuant to this
rule.
F. A
license issued pursuant to this section shall be valid for the time period that
is specific in the Occupational Therapy Act.
G. A license issued pursuant to this
section shall not be renewed unless the license holder satisfies that
requirements for renewal set forth in 16.15.2.13 NMAC pursuant to Subsection A
of Section 61-12A-9 NMSA 1978.
H. As
a courtesy, the board will send via electronic mail license renewal
notification to licensees or registrants before the license expiration date to
the last known email address on file with the 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.
[16.15.2.19 NMAC - N, 1/30/2015; A, 2/13/2015; A 2/24/2022]