As used in the Occupational Therapy Act:
A. "board" means the board of examiners for occupational therapy;
B. "censure" means a formal expression of disapproval that is publicly announced;
C. "denial of license" means that a person is barred from becoming licensed to practice in accordance with the provisions of the Occupational Therapy Act either indefinitely or for a certain period;
D. "licensee" means an occupational therapist or occupational therapy assistant, as appropriate;
E. "occupational therapist" means a person who holds an active license to practice occupational therapy in New Mexico in accordance with board rules;
F. "occupational therapy" means the therapeutic use of occupations, including everyday life activities with persons across the life span, including groups, populations or organizations, to enhance or enable participation, performance or function in roles, habits and routines in home, school, workplace, community and other settings. Occupational therapy services are provided for habilitation, rehabilitation and the promotion of health and wellness to those clients who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation or participation restriction. "Occupational therapy" includes addressing the physical, cognitive, psychosocial, sensory-perceptual and other aspects of performance in a variety of contexts and environments to support engagement in occupations that affect physical and mental health, well-being and quality of life. Occupational therapy uses everyday life activities to promote mental health and support functioning in people with or at risk of experiencing a range of mental health disorders, including psychiatric, behavioral, emotional and substance abuse disorders;
G. "occupational therapy assistant" means a person having no less than an associate degree in occupational therapy and holding an active license to practice occupational therapy in New Mexico who assists in the practice of occupational therapy under the supervision of the occupational therapist in accordance with board rules;
H. "person" means an individual, association, partnership, unincorporated organization or corporate body;
I. "probation" means that continued licensure is subject to fulfillment of specified conditions such as monitoring, education, supervision or counseling;
J. "reprimand" means a formal expression of disapproval that is retained in the licensee's file but not publicly announced;
K. "revocation" means permanent loss of licensure; and
L. "suspension" means the loss of licensure for a certain period, after which the person may be required to apply for reinstatement.
History: 1978 Comp., § 61-12A-3, enacted by Laws 1996, ch. 55, § 3; 2005, ch. 199, § 3; 2019, ch. 5, § 1.
Repeals and reenactments. — Laws 1996, ch. 55, § 27 repealed 61-12A-3 NMSA 1978, as enacted by Laws 1983, ch. 267, § 3, relating to licensing provisions, and § 3 of that act enacted a new section, effective July 1, 1996.
Delayed repeals. — For the delayed repeal of this section, see 61-12A-24 NMSA 1978.
The 2019 amendment, effective June 14, 2019, revised the definition of "occupational therapy" as used in the Occupational Therapy Act; in Subsection E, after "New Mexico", added "in accordance with board rules"; in Subsection F, after "therapeutic use of", added "occupations, including", after "activities with persons", deleted "or" and added "across the life span, including", after "groups", added "populations or organizations", after the next occurrence of "to", deleted "participate" and added "enhance or enable participation, performance or function", after "roles", deleted "and situations" and added "habits and routines", after "settings", deleted "to promote", and added "Occupational therapy services are provided for habilitation, rehabilitation and the promotion of", after "psychosocial", deleted "sensory" and added "sensory-perceptual", after "contexts", added "and environments", after "engagement in", deleted "everyday life activities" and added "occupations", and after "affect", added "physical and mental"; added the language from former Subsection G to Subsection F; after "Occupational therapy", deleted "aide or technician means an unlicensed person who assists in occupational therapy, who works under direct supervision of an occupational therapist or occupational therapy assistant" and added the remainder of Subsection F; redesignated former Subsections H through M as Subsections G through L, respectively; and in Subsection G, after "who assists", deleted "an" and added "in the practice of", and after "occupational therapist", added "in accordance with board rules".
The 2005 amendment, effective July 1, 2005, deleted former Subsection C, which defined "certified occupational therapy assistant"; added the definition of "occupational therapist" in Subsection E; redefined "occupational therapy" in Subsection F; added the definition of "occupational therapy assistant" in Subsection H; and deleted former Subsection J which defined "registered occupational therapist".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits §§ 4, 5, 14, 45 to 47, 58 to 62, 72.
53 C.J.S. Licenses §§ 5, 7, 30, 37 to 41, 47, 50 to 66, 82.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 12A - Occupational Therapy
Section 61-12A-1 - Short title. (Repealed effective July 1, 2028.)
Section 61-12A-2 - Purpose. (Repealed effective July 1, 2028.)
Section 61-12A-3 - Definitions. (Repealed effective July 1, 2028.)
Section 61-12A-4 - Occupational therapy services. (Repealed effective July 1, 2028.)
Section 61-12A-5 - Supervision; required; defined. (Repealed effective July 1, 2028.)
Section 61-12A-6 - License required. (Repealed effective July 1, 2028.)
Section 61-12A-7 - Exemptions. (Repealed effective July 1, 2028.)
Section 61-12A-8 - Board created. (Repealed effective July 1, 2028.)
Section 61-12A-9 - Board; powers and duties. (Repealed effective July 1, 2028.)
Section 61-12A-10 - Board; administrative procedures. (Repealed effective July 1, 2028.)
Section 61-12A-11 - Requirements for licensure. (Repealed effective July 1, 2028.)
Section 61-12A-12 - Examinations. (Repealed effective July 1, 2028.)
Section 61-12A-13 - Provisional permits. (Repealed effective July 1, 2028.)
Section 61-12A-14 - Licensure by endorsement. (Repealed effective July 1, 2028.)
Section 61-12A-15 - License renewal. (Repealed effective July 1, 2028.)
Section 61-12A-16 - Display of license. (Repealed effective July 1, 2028.)
Section 61-12A-17 - Inactive licenses. (Repealed effective July 1, 2028.)
Section 61-12A-18 - Fees. (Repealed effective July 1, 2028.)
Section 61-12A-19 - Uniform Licensing Act. (Repealed effective July 1, 2028.)
Section 61-12A-20 - Fund created. (Repealed effective July 1, 2028.)
Section 61-12A-21 - Penalties. (Repealed effective July 1, 2028.)
Section 61-12A-23 - Criminal Offender Employment Act. (Repealed effective July 1, 2028.)
Section 61-12A-24 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)
Section 61-12A-25 - Applicability to other health professions. (Repealed effective July 1, 2028.)