New Mexico Register / Volume XXXVI,
Issue 11 / June 10, 2025
NOTICE
OF PUBLIC RULE HEARING AND PHYSICAL THERAPY BOARD MEETING
The New Mexico Physical
Therapy Board and the Regulation and Licensing Department will hold a rule
hearing on Monday July 14, 2025, at 10:00 a.m., immediately followed by a
meeting of the Physical Therapy Board for adoption of the proposed rules listed
below. The hearing and subsequent board meeting will take place at the
Regulation and Licensing Department, located at 2550 Cerrillos Rd. Santa Fe,
NM, 87505, Rio Grande Conference Room.
The hearing and
subsequent physical therapy board meeting may also be accessed virtually via
Microsoft Teams.
Meeting Link: https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzFlMjllMTMtMzczNi00MjRlLTkxM2YtOTg3ZjZmNWRhMDZk%40thread.v2/0?context=%7b%22Tid%22%3a%2204aa6bf4-d436-426f-bfa4-04b7a70e60ff%22%2c%22Oid%22%3a%22d3fe0eed-1d12-48f7-a361-c27ae097daa2%22%7d
Login (meeting by
ID): https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting
Meeting ID: 259
078 830 480 9
Passcode: Bd3Xn7ok
Dial in by phone
+1 505-312-4308,,584637261# United States, Albuquerque
Find a local
number
Phone conference
ID: 584 637 261#
The purpose of the
rule hearing is to consider the initiation of rulemaking for the following
rules:
16.20.3.8 -
Application for Licensure
16.20.4.8 -
Temporary Licenses for U.S. Trained Applicants
16.20.4.10 - Temporary licenses for PT’s or PTA’s
Teaching an Educational Seminar
16.20.5.8 -
Schedule of Fees
16.20.7.8 -
Supervision of Licensed Personnel
16.20.8.7 -
Definitions
16.20.8.8 -
Renewal Requirement
16.20.8.9 -
Continuing Education Requirement
16.20.8.10 - Continuing Education Credit Carryover
16.20.8.11 - Failure to Meet Continuing Education
Requirements
16.20.8.12 - Approval of Continuing Education Contact
Hours
16.20.9.8 -
Equivalent
16.20.9.9 -
Credential Evaluation
16.20.9.10 - Current License
16.20.13.8 - Requirements for Physical Therapist to
Provide Dry Needling
On Wednesday, June
11, 2025, copies of the proposed rules may be obtained through the New Mexico Physical
Therapy Board website at https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/physical-therapy/board-information/physical-therapy-board-meetings/
or by contacting
the Board Administrator, Evan Ortega at (505) 476-4622.
The New Mexico Physical
Therapy Board and the Regulation and Licensing Department will begin accepting
written public comment regarding the proposed rule changes beginning Wednesday,
June 11, 2025, 8:00 a.m. and ending Friday, July 14, 2025
at 10:00 a.m. Written public comment may be submitted either by email to physical.therapy@rld.nm.gov
or by postal mail
to the following address:
Attn: New Mexico Physical
Therapy Board
P.O. Box 25101
Santa Fe, NM 87504
Written comments
received during the public comment period (June 11, 2025 – July 14, 2025) will
be posted to the website page linked above. Public comments will also be
accepted during the rule hearing and may be submitted in writing or presented
orally by those attending in-person. The members of the New Mexico Physical
Therapy Board will not enter substantive discussion of public comments during
the rule hearing but will consider and deliberate any public comment during the
regular board meeting immediately following the conclusion of the public rule
hearing.
The agenda for the
New Mexico Physical Therapy Board regular meeting, which will begin immediately
after the public rule hearing, will be available no less than 72 hours prior to
the meeting, and available on the website linked above or by contacting the Board
Administrator Evan Ortega.
If you are an
individual with a disability who needs a reader, amplifier, qualified sign
language interpreter, or any other form of auxiliary aid or service to attend
or participate in the hearing or the regular board meeting, please contact the Board
Administrator Evan Ortega at (505) 476-4622 at least 7 days prior to the rules
hearing and regular board meeting. Public documents, including the proposed
rules, meeting agenda and minutes, can be provided in various accessible
formats.
For inclement
weather: If the New Mexico state offices are placed on a two-hour delay to
inclement weather, the rule hearing will be pushed back two hours from the
noticed hearing time. If New Mexico state offices are closed due to inclement
weather, the rule hearing will be rescheduled as soon as possible.
Statutory
Authority: The
rule changes are authorized by the Physical Therapy Practice Act (Act), Section
61-12D-1 through 61-12D-19 NMSA 1978, which provides explicit authority for the
Physical Therapy Board to protect public health and safety and adopt rules for
the administration of the Act. The rulemaking and public rule hearing is
governed by the State Rules Act, Sections 14-4-1 through 14-4-11 NMSA 1978, and
the Default Procedural Rule for Rulemaking promulgated by the New Mexico
Department of Justice, Parts 1.24.25 through 1.24.25.16 NMAC.
Purpose of
Proposed Rules: The
proposed rule changes aim to implement changes to the provisions of The
Telehealth Act, Section 24-25-5 NMSA 1978, made by Senate Bill 252 in the 2025
legislative session for all licensees practicing under supervision. The changes
also update the rules to reflect the requirements for the online application
and remove references to paper applications, introduce the standard for
auditing continuing education requirements for license renewal, introducing a
standard for continuing education course review and approval, revise standards
for foreign educated applicants, and change the current fee for full licensure
for physical therapists from $250.00 to $160.00, and from $200.00 to $120.00
for physical therapist assistants; biennial renewal went from $160.00 for
physical therapists to $85.00, and from $120.00 to $60.00 for physical
therapist assistants; penalty for late renewal went from $250.00 for physical
therapists, to $200.00, and from $200.00 to $150.00 for physical therapist
assistants. More generally, the proposed rules are intended to provide greater
clarity in existing regulatory and statutory requirements, ensure continued
high levels of professionalism among licensees and certificate holders, and to
generally satisfy the Board’s statutory obligation to promote, preserve and
protect public health, safety and welfare.
Summary of
Proposed Changes:
16.20.3.8 Application for Licensure. Revise the background section to
clearly reflect the ability of the board to utilize the New Mexico Department
of Public Safety for backgrounds; revise the language to allow for more
efficient application process while awaiting results of the background;
striking language for nationwide federal background checks, the use of moral
turpitude as a criterion.
16.20.4.8 Temporary Licenses for U.S. Trained Applicants. Clarify
language regarding temporary licensure, how it can be denied, as well as
additional requirements; striking language clarified in revisions.
16.20.4.10 Temporary licenses for PT’s or PTA’s Teaching an Educational
Seminar. Require a Department of Public Safety background check prior to
temporary licensure for educational instruction.
16.20.5.8 Schedule of Fees. Change the current fee for full licensure
for physical therapists from $250.00 to $160.00, and from $200.00 to $120.00
for physical therapist assistants; biennial renewal went from $160.00 for
physical therapists to $85.00, and from $120.00 to $60.00 for physical
therapist assistants; penalty for late renewal went from $250.00 for physical
therapists, to $200.00, and from $200.00 to $150.00 for physical therapist
assistants.
16.20.7.8 Supervision of Licensed Personnel. Clarify communication method
from the board to licensees and include statutory language from the provisions of
the Telehealth Act, Section 24-25-5 NMSA 1978, made by Senate Bill 252 in the
2025 legislative session.
16.20.8.7 Definitions. Clarify the definitional language of Qualified
Individual.
16.20.8.8 Renewal Requirement. Clarify language regarding communication
method by the board.
16.20.8.9 Continuing Education Requirement. Introduce the
standard for auditing continuing education requirements for license renewal;
striking language that is clarified with revisions.
16.20.8.10 Continuing Education Credit Carryover. Strike language no longer needed. Clarify language regarding no carryover
hours.
16.20.8.11 Failure to Meet Continuing Education Requirements. Clarify
language regarding the failure of licensees to meet the continuing education
requirement.
16.20.8.12 Approval of Continuing Education Contact Hours. Introduce a
standard for continuing education course review and approval, as well as
additional requirements, and grammatical revisions; strike language that is
replaced by revisions.
16.20.9.8 Equivalent. Clarify language of acceptable documentation for
foreign educated applicants, with coursework tool evaluations; strike language
that no longer is needed.
16.20.9.9 Credential Evaluation. Introduce additional requirements of
foreign educated applicants to pass the National Physical Therapy Exam prior to
full licensure.
16.20.9.10 Current License. Clarify language as to acceptable categories
of licensure in the United States for foreign educated applicants with existing
licenses.
16.20.13.8 Requirements for Physical Therapist to Provide Dry Needling.
Clarify language as to acceptable qualifications prior to administering Dry
Needling; strike language for the original transition to Dry Needling.