New Mexico

United States Physical Therapy Practice Acts

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Temporary License Requirements/Availability Temporary License Requirements/Availability [1]


16.20.4.8 TEMPORARY LICENSES FOR U.S. TRAINED APPLICANTS


A. Upon receipt of an application form which evidences satisfactory completion of all application requirements for licensure as provided in Section 61-12-10 NMSA, of the Physical Therapy Act except passage of the NPTE, the registrar of the board may issue to the applicant a non-renewable temporary license to practice physical therapy in New Mexico.


B. Under no circumstance will the non-renewable temporary license be valid for a period longer than 180 days.


C. Issuance of a temporary license may be denied if:

  1. the applicant has worked as a physical therapist or physical therapist assistant without a license in New Mexico;
  2. the applicant has violated the code of ethics of the American physical therapy association; or
  3. the applicant has failed the licensure examination in any state.


D. The holder of a temporary license must sit for the NPTE within 180 days after issuance of the temporary license. Failure to sit for the examination within 180 days, automatically voids the temporary license. Where the holder of the temporary license is a foreign national, the 180 days begin to run once the foreign national has entered the United States.


E. The holder of a temporary license may work only under the direct supervision of a New Mexico unrestricted licensed physical therapist who is on-site. The supervising physical therapist may not hold a temporary license. The supervising physical therapist shall be licensed in New Mexico with a minimum of six months experience in a clinical setting. Prior to the issuance of an applicant’s temporary license, the supervising physical therapist shall file with the board a written statement assuming full responsibility for the temporary licensee’s professional activities. Filing is effective upon receipt by the board. This statement shall remain in effect until licensure of the temporary licensee, or until expiration of the temporary license.


F. The temporary licensee may not provide physical therapy services until the temporary license is received and is posted in a conspicuous place at the temporary licensee’s principle place of practice.


G. No supervising physical therapist shall be responsible for the simultaneous supervision of more than two temporary licensees.


H. The supervising physical therapist shall co-sign all evaluations, progress notes, and discharge summaries written by the temporary licensee.


I. The temporary license shall state the name and address of the licensee’s place of employment. Should the place of employment or the employer change during the period of temporary licensure, the temporary licensee must notify the board of any such change within five (5) work days of termination of employment. A new temporary supervisory form from the new employer will be required before a revised temporary license is issued. The board will issue a revised temporary license as per the fee schedule as set forth in 16.20.5 NMAC, for each issuance; however, the date of issue and expiration will remain the same as the first temporary license.


16.20.4.9 TEMPORARY LICENSES FOR FOREIGN-TRAINED APPLICANTS:

Foreign-trained applicants for temporary licenses must fulfill all application requirements provided in 16.20.3 NMAC, “Issuance of Licenses” and 16.20.9 NMAC, “Education Criteria for Foreign-Educated Applicants”, and subject to the requirements of 16.20.4.8 NMAC, “Temporary Licenses for U.S. Trained Applicants”.
[03-29-83; 02-19-88; 08-01-89; 09-03-92; 06-04-94; 09-30-95; 11-30-95; Rn, 16 NMAC 20.5, 10-15-97, 10-15-97; 16.20.4.9 NMAC - Rn, 16 NMAC 20.4.9, 08-31-00; A, 03-02-06; A, 8/1/09] ==


16.20.4.10 TEMPORARY LICENSES FOR PT’S OR PTA’S TEACHING AN EDUCATIONAL SEMINAR:


A. Completion of an instructor license application and pay the non-refundable application fee as provided in Part 5.


B. The instructing physical therapist must provide the board with proof of a valid current license to practice from the state in which they are currently practicing. This verification of licensure must be received by the New Mexico board directly from the state board where the instructing therapist is licensed.


C. A temporary license may not be used to practice physical therapy for any other purposes than for the continuing education program for which it was issued.


D. This section applies only to educational seminars which include hands-on demonstrations.


E. A temporary license for an instructor shall only be valid through the end of the calendar year in which the license is issued.


Requirements for License [1]

16.20.3.8 APPLICATION FOR LICENSURE.


A. The board may issue a license to an applicant, other than one applying for licensure by endorsement, who fulfills the following requirements:

  1. completes the application;
  2. includes a passport-size photograph taken within the preceding twelve months and affixes it to the application;
  3. pays the non-refundable application fee in full as provided in Part 5;
  4. passes the jurisprudence exam (as specified in 16.20.2.10) and pays the non-refundable exam fee as provided in Part 5;
  5. official college or university transcripts from a program approved by the commission on accreditation in physical therapy education (CAPTE) verifying one of the following:

          (a) post-baccalaureate degree in physical therapy;

          (b) associate degree in physical therapy assistant;

  1. if official transcripts are not available because of school closure or destruction of the records, e.g., the applicant must provide satisfactory evidence of meeting the required physical therapy educational program by submitting documentation that will be considered on a case-by-case basis by the board and pursuant to the following:

          (a) for applicants who graduated after January 1, 2002, documentation of graduation with a post-baccalaureate     degree in physical therapy from an educational program accredited by CAPTE;
          (b) for applicants who graduated prior to January 1, 2002, documentation of graduation with a baccalaureate degree in physical therapy or a certificate in physical therapy from an educational program accredited by CAPTE;
          (c) for physical therapist assistant applicants, documentation of graduation from an accredited physical therapist assistant program accredited by CAPTE and approved by the board;

  1. passes the national physical therapy licensure examination (NPTE) (as specified in 16.20.2.8 NMAC); if the applicant has previously taken the NPTE, the testing entity shall send the test scores directly to the board; test scores sent by individuals, organizations or other state boards will not be accepted.

B. For applicants who have not practiced since graduating from a physical therapy education program, or who have not practiced as a physical therapist or physical therapist assistant for a period of more than three (3) consecutive years, full licensure requires fulfilling the following requirements:

  1. satisfactory completion of all application requirements for licensure as provided in Subsection A of 16.20.3.8 NMAC;
  2. provides proof of having taken fifteen (15) continuing education contact hours for each year the applicant was not practicing as a physical therapist or physical therapist assistant (coursework to be pre-approved by the board);
  3. provides evidence of additional competency to practice as required by the board.


C. Felony or misdemeanor convictions involving moral turpitude directly related to employment in the profession have to be satisfactorily resolved. The board may require proof that the person has been sufficiently rehabilitated to warrant the public trust if the prior conviction does not relate to employment in the profession. Proof of sufficient rehabilitation may include, but is not limited to: certified proof of completion of probation or parole supervision, payment of fees, community service or any other court ordered sanction.


D. A licensee requesting a name change must submit proof of name change, the original license and a replacement license fee.


E. Foreign educated applicants must meet all requirements for licensure as provided in Subsection A of 16.20.3.8 NMAC as well as those requirements listed in 16.20.9 NMAC.


F. Initial application is valid for a period of twelve (12) months.


Supervision [1]

16.20.7.8 SUPERVISION OF LICENSED PERSONNEL:


A. A physical therapist may not be responsible for the direction and supervision of more than two full-time physical therapist assistants, or two FTE’s (full-time equivalency totaling eighty (80) 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 two or more physical therapist assistants provided combined FTE’s do not exceed more than eighty (80) hours per week.


C. When supervising another licensee, a physical therapist planning an absence from work (vacation, leave of absence, continuing education) must arrange for another physical therapist to supervise the licensee in his place.


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.


16.20.7.9 SUPERVISION OF UNLICENSED ASSISTIVE PERSONNEL (PHYSICAL THERAPY AIDE/TECHNICIAN/ATTENDANT)
:


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 80 hours per week.



Physical Therapy Students [1]

Only a student in a college program accredited or actively pursuing accreditation by the American physical therapy association may use the title “student physical therapist”, or the letters “S.P.T.”

Continued Competence [1]

16.20.8.9 CONTINUING EDUCATION REQUIREMENT:

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 (30) hours of continuing education will be required biennially. All continuing education hours must be earned during the current two (2) 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.


C. Licensees serving in the armed forces reserve or national guard.

  1. The license of a physical therapist or physical therapist assistant who does not earn the required continuing education contact hours as provided in this section due to his or her call to active duty in the armed forces reserves or the New Mexico national guard, will not lapse for failure to earn continuing education hours.
  2. A physical therapist or physical therapist assistant who was or is called to active duty in the armed forces reserves or New Mexico national guard is required to provide official documentation that the licensee is a member of the armed forces reserves or the national guard and was or is being called to active duty.
  3. Upon the physical therapist or physical therapist assistant’s return to civilian status, the licensee shall pay the license renewal fee and resume earning continuing education contact hours prorated according to the licensee’s months of service as required to maintain his or her licensure as a physical therapist or physical therapist assistant.



16.20.8.10 CONTINUING EDUCATION CREDIT CARRYOVER:

No carryover hours will be permitted. Thirty (30) continuing education hours must be earned during the current two (2) year renewal period of February 1 thru January 31.


16.20.8.11 FAILURE TO MEET CONTINUING EDUCATION REQUIREMENTS:

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.

Does the Act appear restrictive? Why/Why not?

There are parts of this act that are restrictive and a great deal that lines out the expectations for a PT/PTA in the state of New Mexico. They are restrictive in regards to licensure requirements, renewing licenses, PT/PTA and student supervision, and they go into a great deal of what exactly will be credited toward CEU’s.

Is there anything unusual about this act? [1]

Not sure if this is standard and other state practice acts follow this, but it is interesting to see the requirements in a situation where a student who graduates from a DPT program and doesn’t go straight into practice. Here’s what it states:


"For applicants who have not practiced since graduating from a physical therapy education program, or who have not practiced as a physical therapist or physical therapist assistant for a period of more than three (3) consecutive years, full licensure requires fulfilling the following requirements:

  1. satisfactory completion of all application requirements for licensure as provided in Subsection A of 16.20.3.8 NMAC;
  2. provides proof of having taken fifteen (15) continuing education contact hours for each year the applicant was not practicing as a physical therapist or physical therapist assistant (coursework to be pre-approved by the board);
  3. provides evidence of additional competency to practice as required by the board."


This is interesting:

PROVISIONS FOR EMERGENCY LICENSURE:

A. Physical therapists and physical therapist assistants currently licensed and in good standing, or otherwise meeting the requirements for New Mexico licensure in a state in which a federal disaster has been declared, may be licensed in New Mexico during the four months following the declared disaster upon…

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References

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  1. 1.0 1.1 1.2 1.3 1.4 1.5 The Official Site of the New Mexico Administrative Code. Title 16-Occupational and professional licensing chapter 20-physical therapists. The commission of public records administrative law division. http://www.nmcpr.state.nm.us/nmac/index.htm. (accessed 19 Apr 2012)

Disclaimer:   Informational Content is assimilated from the state practice act is a resource only and should not be considered a  substitute for the content within the state practice act.  All state practice acts can change and it is recommended that you refer to the original resource in the link above.