SENATE BILL 44
56th legislature - STATE OF NEW MEXICO - second session, 2024
INTRODUCED BY
Gerald Ortiz y Pino
FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
AN ACT
RELATING TO PROFESSIONAL LICENSURE; ALLOWING THE REGULATION AND LICENSING DEPARTMENT TO COMPENSATE MEMBERS OF HEALTH CARE PROFESSIONAL LICENSING BOARDS THAT ARE ADMINISTRATIVELY ATTACHED TO THE DEPARTMENT; PROVIDING A TEMPORARY WAIVER OF APPLICATION, LICENSURE AND RENEWAL FEES FOR NEW APPLICANTS AND NEWLY LICENSED HEALTH CARE PROFESSIONALS IN CERTAIN HEALTH CARE PROFESSIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-2-6 NMSA 1978 (being Laws 1973, Chapter 353, Section 5, as amended) is amended to read:
"61-2-6. OPTOMETRY BOARD ORGANIZATION--MEETINGS--COMPENSATION--POWERS AND DUTIES.--
A. The board shall annually elect a chair, a vice chair and a secretary-treasurer; each shall serve until a successor is elected and qualified.
B. The board shall meet at least annually for the purpose of examining candidates for licensure. Special meetings may be called by the chair and shall be called upon the written request of a majority of the board members. A majority of the board members currently serving constitutes a quorum.
C. Members of the board may be reimbursed as provided in the Per Diem and Mileage Act [but shall receive no other compensation, perquisite or allowance] and may be compensated by the regulation and licensing department for time spent carrying out the duties of a board member.
D. The board has the authority to determine what constitutes the practice of optometry in accordance with the provisions of the Optometry Act and has jurisdiction to exercise any other powers and duties pursuant to that act. The board may issue advisory opinions and declaratory rulings pursuant to that act and rules promulgated in accordance with the State Rules Act, but shall not expand the scope of practice of optometry beyond the provisions of the Optometry Act.
E. The board shall:
(1) administer and enforce the provisions of the Optometry Act;
(2) promulgate in accordance with the State Rules Act, all rules for the implementation and enforcement of the provisions of the Optometry Act;
(3) adopt and use a seal;
(4) administer oaths and take testimony on matters within the board's jurisdiction;
(5) keep an accurate record of meetings, receipts and disbursements;
(6) keep a record of examinations held, together with the names and addresses of persons taking the examinations and the examination results. Within thirty days after an examination, the board shall give written notice to each applicant examined of the results of the examination as to the respective applicant;
(7) certify as passing each applicant who obtains a grade of at least seventy-five percent on each subject upon which the applicant is examined; providing that an applicant failing may apply for re-examination at the next scheduled examination date;
(8) keep a book of registration in which the name, address and license number of licensees shall be recorded, together with a record of license renewals, suspensions and revocations;
(9) grant, deny, renew, suspend or revoke licenses to practice optometry in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Optometry Act;
(10) develop and administer qualifications for certification for the use of pharmaceutical agents as authorized in Section 61-2-10.2 NMSA 1978, including minimum educational requirements and examination, as required by Section 61-2-10.2 NMSA 1978 and provide the board of pharmacy with an annual list of optometrists certified to use pharmaceutical agents as authorized in Section 61-2-10.2
NMSA 1978; and
(11) provide for the suspension of an optometrist's license for sixty days upon a determination of use of pharmaceutical agents without prior certification in accordance with Section 61-2-10.2 NMSA 1978, after proper notice and an opportunity to be heard before the board."
SECTION 2. Section 61-2-11 NMSA 1978 (being Laws 1973, Chapter 353, Section 9, as amended) is amended to read:
"61-2-11. LICENSE FEES--LICENSURE UNDER PRIOR LAW.--
A. The board shall set fees for the following by rule:
(1) except as provided in Subsection D of this section, application fee in an amount not to exceed five hundred dollars ($500);
(2) examination fee in an amount not to exceed five hundred dollars ($500);
(3) except as provided in Section 61-1-34 NMSA 1978 and Subsection D of this section, licensure fee in an amount not to exceed four hundred dollars ($400); and
(4) issuance fee for pharmaceutical certification in an amount not to exceed one hundred dollars ($100).
B. A person licensed as an optometrist under any prior laws of this state, whose license is valid on April 3, 1973, shall be held to be licensed under the provisions of the Optometry Act and shall be entitled to the annual renewal of the person's license as provided in that act.
C. Prior to engaging in the active practice of optometry in this state, a licensee shall furnish the board evidence that the licensee holds a registration number with the taxation and revenue department and has completed, as a condition of licensure by endorsement, the continuing education requirements as set by the rules of the board.
D. Until July 1, 2034, a first-time applicant for licensure shall not be charged an application fee or licensure fee."
SECTION 3. Section 61-2-12 NMSA 1978 (being Laws 1973, Chapter 353, Section 10, as amended) is amended to read:
"61-2-12. LICENSE--DISPLAY--RENEWAL--RETIREMENT--RESUMPTION OF PRACTICE.--
A. A person to whom a license as an optometrist has been issued shall display the license in a conspicuous place in the licensee's principal office or place of business.
B. A license shall be renewed annually on or before July 1. Except as provided in Section 61-1-34 NMSA 1978 and Subsection F of this section, the licensee shall pay to the secretary-treasurer of the board the required fees. The board shall promulgate rules establishing additional requirements and procedures for renewal of a license. It shall also promulgate rules establishing a fee schedule for renewal of a license, but a specific fee shall not exceed five hundred dollars ($500).
C. Failure to renew a license pursuant to this section terminates the optometrist's authority to practice optometry, and the former licensee shall fulfill all current requirements for licensing and therapeutic drug certification if application for licensing or certification is made after termination.
D. An optometrist who intends to retire from the practice of optometry shall notify the board in writing before the expiration of the optometrist's license, and the secretary-treasurer of the board shall acknowledge the receipt of the notice and record it. If within a period of five years from the year of retirement the optometrist desires to resume practice, the optometrist shall notify the board in writing, and, upon giving proof of completing refresher courses prescribed by rules of the board and the payment of any required fees, the license shall be restored to the optometrist in full effect.
E. Before engaging in the practice of optometry, a licensed optometrist shall notify the secretary-treasurer of the board in writing of the address at which the optometrist intends to begin practice and subsequently of changes in the optometrist's business address or location. Notices the board is required to give a licensee shall legally have been given when delivered to the latest address furnished by the licensee to the board.
F. Until July 1, 2034, a licensed optometrist shall not be charged a license renewal fee for the licensed optometrist's first two license renewals after obtaining licensure."
SECTION 4. Section 61-4-3 NMSA 1978 (being Laws 1968, Chapter 3, Section 3, as amended) is amended to read:
"61-4-3. BOARD CREATED--APPOINTMENT--OFFICERS--DUTIES--COMPENSATION.--
A. The "chiropractic board" is created and is administratively attached to the regulation and licensing department. The board shall consist of six persons, four of whom have been continuously engaged in the practice of chiropractic in New Mexico for five years immediately prior to their appointment. Two persons shall represent the public and shall not have practiced chiropractic in this state or any other jurisdiction. A person shall not be appointed to the board who is an officer or employee of or who is financially interested in any school or college of chiropractic, medicine, surgery or osteopathy.
B. Members of the board shall be appointed by the governor for staggered terms of five years or less and in a manner that the term of one board member expires on July 1 of each year. A list of five names for each professional member vacancy shall be submitted by the New Mexico chiropractic association to the governor for consideration in the appointment of board members. A vacancy shall be filled by appointment for the unexpired term. Board members shall serve until their successors have been appointed and qualified.
C. The board shall annually elect a chair and a secretary-treasurer. A majority of the board constitutes a quorum. The board shall meet quarterly. Special meetings may be called by the chair and shall be called upon the written request of two members of the board. Notification of special meetings shall be made by certified mail unless such notice is waived by the entire board and the action noted in the minutes. Notice of all regular meetings shall be made by regular mail at least ten days prior to the meeting, and copies of the minutes of all meetings shall be mailed to each board member within thirty days after a meeting.
D. A board member failing to attend three consecutive meetings, either regular or special, shall automatically be removed as a member of the board.
E. The board shall adopt a seal.
F. The board shall promulgate and file, in accordance with the State Rules Act, all rules necessary for the implementation and enforcement of the provisions of the Chiropractic Physician Practice Act, including educational requirements for a chiropractic assistant.
G. The board, for the purpose of protecting the health and well-being of the citizens of this state and maintaining and continuing informed professional knowledge and awareness, shall establish by rule mandatory continuing education requirements for chiropractic physicians and certified advanced practice chiropractic physicians licensed in this state.
H. Failure to comply with the rules adopted by the board shall be grounds for investigation, which may lead to revocation of license.
I. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act [but shall receive no other compensation, perquisite or allowance for each day necessarily spent in the discharge of their duties] and may be compensated by the regulation and licensing department for time spent carrying out the duties of a board member."
SECTION 5. Section 61-4-4 NMSA 1978 (being Laws 1968, Chapter 3, Section 4, as amended) is amended to read:
"61-4-4. APPLICATION REQUIREMENTS--EVALUATION.--
A. Each applicant for a license to practice chiropractic shall:
(1) make application on forms furnished by the board;
(2) submit evidence on oath satisfactory to the board that the applicant has reached the age of majority, has completed a preliminary education equal to the requirements for graduation from high school, is of good moral character and, after January 1, 1976, except for any student currently enrolled in a college of chiropractic, has completed two years of college-level study in an accredited institution of higher learning and is a graduate of a college of chiropractic that meets the standards of professional education prescribed in Section 61-4-5 NMSA 1978; and
(3) pay in advance to the board fees:
(a) for examination; and
(b) except as provided in Section 61-1-34 NMSA 1978 and Subsection D of this section, for issuance of a license.
B. In evaluating an application, the board may use the services of a professional background information service that compiles background information regarding applicants from multiple sources.
C. Each applicant for inclusion in the advanced practice chiropractic certification registry shall furnish materials and proof of education and training as established by rule of the board.
D. Until July 1, 2034, a first-time applicant for licensure shall not be charged a licensure fee."