HOUSE GOVERNMENT, ELECTIONS AND INDIAN AFFAIRS

COMMITTEE SUBSTITUTE FOR

HOUSE BILL 384

56th legislature - STATE OF NEW MEXICO - first session, 2023

 

 

 

 

 

 

 

AN ACT

RELATING TO LICENSURE; ADDING AND CLARIFYING DEFINITIONS AND PROVISIONS OF THE UNIFORM LICENSING ACT; CLARIFYING PROVISIONS RELATED TO INCOMPLETE APPLICATIONS, HEARINGS AND EXPEDITED LICENSURE; ALLOWING VIRTUAL REMOTE HEARINGS AND RECORDING BY DIGITAL TECHNOLOGY; CHANGING DATES FOR ACTIONS RELATED TO HEARINGS AND DECISIONS; ALLOWING FOR SUMMARY SUSPENSION OF A LICENSE OR PROBATION OF A LICENSEE; ALLOWING FOR APPEAL OF SUMMARY SUSPENSION AS A FINAL AGENCY ACTION; CHANGING ADMINISTRATION OF THE INTERIOR DESIGNERS ACT TO THE REGULATION AND LICENSING DEPARTMENT; CHANGING REQUIREMENTS FOR INTERIOR DESIGN LICENSURE AND THE RENEWAL, DENIAL, SUSPENSION AND REVOCATION OF LICENSES; TRANSFERRING APPROPRIATIONS, RECORDS AND CONTRACTS OF THE INTERIOR DESIGN BOARD TO THE REGULATION AND LICENSING DEPARTMENT; PROVIDING FOR EXPEDITED LICENSURE OF LICENSED PHYSICIANS, VETERINARIANS AND ALL LICENSE LEVELS OF SOCIAL WORKERS; CHANGING AND INCREASING PENALTIES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 61-1-2 NMSA 1978 (being Laws 1957, Chapter 247, Section 2, as amended) is amended to read:

     "61-1-2. DEFINITIONS.--As used in the Uniform Licensing Act:

          A. "board" means:

                (1) the construction industries commission, the construction industries division and the electrical bureau, mechanical bureau and general construction bureau of the construction industries division of the regulation and licensing department;

                (2) the manufactured housing committee and the manufactured housing division of the regulation and licensing department;

                (3) the crane operators licensure examining council;

                (4) a board, commission or agency that administers a profession or occupation licensed pursuant to Chapter 61 NMSA 1978; and

                (5) any other state agency to which the Uniform Licensing Act is applied by law;

          B. "applicant" means a person who has applied for a license;

          C. "expedited license", whether by examination, endorsement, credential or reciprocity, means a license issued to a person in this state based on licensure in another state or territory of the United States, the District of Columbia or a foreign country, as applicable;

          D. "initial license" means the first regular license received from a board for a person who has not been previously licensed;

          E. "license" means a certificate, permit or other authorization to engage in a profession or occupation regulated by a board;

          F. "licensing jurisdiction" means another state or territory of the United States, the District of Columbia or a foreign country, as applicable;

          G. "party" means a respondent licensee, applicant or unlicensed person who is the subject of a disciplinary proceeding or the civil administrative prosecutor representing the state and the board;

          H. "probation" means to allow, for a stated period of time, the conduct authorized by a license, subject to conditions or other restrictions that are reasonably related to the grounds for probation;

          [G.] I. "regular license" means a license that is not issued as a temporary or provisional license;

          [H.] J. "[revoke a license] revocation" means to prohibit the conduct authorized by the license for an indefinite period of time; and

          [I.] K. "[suspend a license] suspension" 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 that are reasonably related to the grounds for suspension.]"

     SECTION 2. Section 61-1-3 NMSA 1978 (being Laws 1957, Chapter 247, Section 3, as amended) is amended to read:

     "61-1-3. OPPORTUNITY FOR LICENSEE OR APPLICANT TO HAVE HEARING.--Every licensee or applicant shall be afforded notice and an opportunity to be heard before the board has authority to take any action that would result in:

          A. denial of permission to take an examination for licensing for which a complete application has been properly made as required by board rule;

          B. denial of a license after examination for any cause other than failure to pass an examination;

          C. denial of a license for which a complete application has been properly made as required by board rule on the basis of expedited licensure, reciprocity or endorsement or acceptance of a national certificate of qualification;

          D. withholding the renewal of a license for which a complete application has been properly made for any cause other than:

                (1) failure to pay any required renewal fee;

                (2) failure to meet continuing education requirements; or

                (3) issuance of a temporary license extension if authorized by statute;

          E. suspension of a license;

          F. revocation of a license;

          G. probation of a license, including restrictions or limitations on the scope of a practice;

          H. the requirement that the applicant complete a program of remedial education or treatment;

          I. monitoring of the practice by a supervisor approved by the board, excluding supervision required for initial licensure;

          J. the censure or reprimand of the licensee or applicant, including an action that constitutes formal discipline or is subject to reporting to a state or national organization;

          K. compliance with conditions of probation or suspension for a specific period of time;

          L. payment of a fine [for a violation not to exceed one thousand dollars ($1,000) for each violation, unless a greater amount is provided by law];

          M. corrective action, as specified by the board; or

          N. a refund to the consumer of fees that were billed to and collected from the consumer by the licensee."

     SECTION 3. Section 61-1-3.1 NMSA 1978 (being Laws 1981, Chapter 349, Section 3, as amended) is amended to read:

     "61-1-3.1. LIMITATIONS.--

          A. An action that would have any of the effects specified in Subsections D through N of Section 61-1-3 NMSA 1978 or an action related to unlicensed activity shall not be initiated by a board later than two years after the discovery by the board of the conduct that would be the basis for the action, except as provided in [Subsection C of] this section or otherwise provided by law. Discovery by the board is considered the date on which a complaint or other information that would reasonably connect the allegations to the person was received by a board or board staff.

          B. The time limitation contained in Subsection A of this section shall be tolled by any civil or criminal litigation in which the licensee or applicant is a party arising from substantially the same facts, conduct or transactions that would be the basis for the board's action.

          C. The New Mexico state board of psychologist examiners shall not initiate an action that would result in any of the actions specified in Subsections D through N of Section 61-1-3 NMSA 1978 later than five years after the conduct of the psychologist or psychologist associate that is the basis for the action. However, if the conduct that is the basis for the action involves a minor or a person adjudicated incompetent, the action shall be initiated, in the case of a minor, no later than one year after the minor's eighteenth birthday or five years after the conduct, whichever is last and, in the case of a person adjudicated incompetent, one year after the adjudication of incompetence is terminated or five years after the conduct, whichever is last.

          D. The New Mexico public accountancy board shall not initiate an action under the 1999 Public Accountancy Act that would result in any of the actions specified in Subsections D through N of Section 61-1-3 NMSA 1978 later than two years following the discovery by the board of a violation of that act."

     SECTION 4. Section 61-1-3.2 NMSA 1978 (being Laws 2003, Chapter 334, Section 3) is amended to read:

     "61-1-3.2. UNLICENSED ACTIVITY--DISCIPLINARY PROCEEDINGS--CIVIL PENALTY.--

          A. A person who is not licensed to engage in a profession or occupation regulated by a board is subject to disciplinary proceedings by the board.

          B. A board may impose a civil penalty in an amount not to exceed [one thousand dollars ($1,000)] ten thousand dollars ($10,000) for each violation against a person who, without [a] an active license, engages in a profession or occupation regulated by the board. [In addition, the board may assess the person for administrative costs, including investigative costs and the cost of conducting a hearing.]"

     SECTION 5. Section 61-1-3.4 NMSA 1978 (being Laws 2019, Chapter 209, Section 4) is amended to read:

     "61-1-3.4. FINGERPRINTS NOT REQUIRED FOR LICENSE RENEWAL.--When a professional or occupational board requires submission of fingerprints as part of the initial license application, and a licensee has provided fingerprints and the license has been issued, the board shall not require a licensee to submit fingerprints again to renew the license, but a licensee shall submit to a background investigation if required by law or rule of the board."

     SECTION 6. Section 61-1-3.5 NMSA 1978 (being Laws 2022, Chapter 39, Section 3) is amended to read:

     "61-1-3.5. INCOMPLETE APPLICATION--NOTICE--EXPIRATION.-- An application for licensure is considered incomplete if it is submitted on an application form missing required information or without providing required supporting documentation. If a board or a board's designee deems an application for licensure incomplete, the board or designee shall notify the applicant within thirty days [including the ways in which] from the date the application was received by the board or designee and include how the application is incomplete and what is needed to complete the application. An incomplete application expires [after] one year from the date the application was first received by the board."

     SECTION 7. Section 61-1-4 NMSA 1978 (being Laws 1957, Chapter 247, Section 4, as amended) is amended to read:

     "61-1-4. NOTICE OF CONTEMPLATED BOARD ACTION--REQUEST FOR HEARING--NOTICE OF HEARING.--

          A. When investigating complaints against licensees, applicants or unlicensed persons, a board may issue civil investigative subpoenas prior to the issuance of a notice of contemplated action as provided in this section. The authority to issue a specific civil investigative subpoena under this section may be delegated by the board to staff.

          B. When a board contemplates taking an action of a type specified in Subsection A, B or C of Section 61-1-3 NMSA 1978, it shall serve upon the applicant a written notice containing a statement:

                (1) that the applicant has failed to satisfy the board of the applicant's qualifications to be examined or to be issued a license, as the case may be;

                (2) indicating in what respects the applicant has failed to satisfy the board;

                (3) that the applicant may secure a hearing before the board by depositing in the mail within twenty days after service of the notice a certified return receipt requested letter addressed to the board and containing a request for a hearing; and

                (4) calling the applicant's attention to the applicant's rights under Section 61-1-8 NMSA 1978.

          C. In a board proceeding to take an action of a type specified in Subsection A, B or C of Section 61-1-3 NMSA 1978, the burden of satisfying the board of the applicant's qualifications shall be upon the applicant.

          D. When a board contemplates taking an action of a type specified in Subsections D through N of Section 61-1-3 NMSA 1978 or Section 61-1-3.2 NMSA 1978, it shall serve upon the licensee, applicant or unlicensed person a written notice containing a statement:

                (1) that the board has sufficient evidence that, if not rebutted or explained, [will] may justify the board in taking the contemplated action;

                (2) indicating the general nature of the evidence and allegations, including specific laws or rules that are alleged to have been violated;