N.M. Admin. Code § 16.15.5.9

Current through Register Vol. 36, No. 1, January 14, 2025

Section 16.15.5.9 - SANCTIONS

A. "Unprofessional conduct" as used in the Occupational Therapy Act and in the rules and regulations of the New Mexico Board of Examiners for Occupational Therapy shall include, but shall not be limited to, the following types of acts or omissions:

(1) any violation of the Code of Ethics, as determined by the New Mexico Board of Examiners for Occupational Therapy;

(2) making false statements or providing false information in connection with an application for licensure or for licensure renewal;

(3) engaging in false, misleading, or deceptive advertising;

(4) violation of any provision of the New Mexico Occupational Therapy Act, as may be amended from time-to-time, or violating any rules or regulations of the Board promulgated pursuant thereto;

(5) harassment, or undue to improper intimidation of a patient/client, employee, colleague or other person in the role or context of the licensee's or applicant's status as an occupational therapist or occupational therapy assistant, including, but not limited to, assault or battery on any such person;

(6) sexual harassment or abuse of a patient/client, employee, colleague, or other person in the role or context of the licensee's or applicant's status as an occupational therapist or occupational therapy assistant;

(7) any failure to possess and apply the knowledge, or to use the skill and care ordinarily used by reasonable well-qualified occupational therapists or occupational therapy assistants under similar circumstances, giving due consideration to the locality involved;

(8) obtaining, or attempting to obtain, any compensation or other consideration by fraud or deceit;

(9) misrepresentation or falsification of credentials, including, but not limited to, education, training, experience or competence;

(10) violation of any Federal, State or local law or ordinance which relates to the practice for which the individual has been licensed or for which the person is an applicant for licensure;

(11) conviction of a crime, the circumstances of which substantially relate to the practice of occupational therapy, or which indicate an inability to safely and proficiently engage in the practice of occupational therapy;

(12) impairment of the licensee's or applicant's ability to practice occupational therapy as a result of alcohol or use of other drugs; and

(13) imposition of discipline upon the licensee or applicant for licensure by any other jurisdiction in which the licensee or applicant is licensed;

B. Pursuant to the Occupational Therapy Act, the Board, in its sole and sound discretion, may impose any of the following sanctions against a licensee or applicant for licensure upon a finding of a violation of the New Mexico Occupational Therapy Act or the rules and regulations, or Code of Ethics, adopted by the Board pursuant to the Act, including for those acts of "unprofessional conduct" defined in Section 9 of this rule:

(1) denial of application for licensure;

(2) refusal to renew licensure;

(3) written reprimand;

(4) written censure;

(5) imposition of probationary conditions on a license for a specified time period;

(6) restrictions or limitations on the scope of a practice;

(7) the requirement that the licensee or applicant complete a program of remedial education or treatment;

(8) monitoring of the practice by a supervisor approved by the Board;

(9) corrective action as specified by the Board;

(10) suspension of a license;

(11) revocation of a license;

(12) in addition to or in lieu of any of the foregoing, payment of a fine for each violation found, not to exceed $1000.00, unless a greater amount is provided by law; and

(13) in addition to, or in lieu of any of the foregoing, a refund to the consumer of fees that were billed to and collected from the consumer by the licensee.

C. Any licensee whose license has been revoked may reapply for licensure one year from the effective date of the revocation.

(1) The Board shall have discretion to approve or to reject any application for reinstatement of the license following the one (1) year period of revocation.

(2) If the Board determines that rejection of the application for reinstatement of the license will be considered, it shall do so only in accordance with the notice and hearing provisions of the Uniform Licensing Act.

(3) No application for reinstatement shall be granted unless all fines and costs assessments related to the license revocation proceeding shall have been paid in full.

N.M. Admin. Code § 16.15.5.9

06-14-97; 16.15.5.9 NMAC - Rn, 16 NMAC 15.5.9, 06-29-00; A, 04-03-03