New Mexico
Register / Volume XXXVI, Issue 21 / November 4, 2025
NOTICE OF PUBLIC RULE HEARING AND BOARD OF EXAMINERS
FOR OCCUPATIONAL THERAPY MEETING
The New Mexico Board of Examiners for Occupational
Therapy and the Regulation and Licensing Department will hold a rule hearing on
Friday, December 5, 2025, at 1:30 p.m., immediately followed by a meeting of
the board of Occupational Therapy 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 5500 San Antonio dr. SE., Albuquerque, New
Mexico 87109.
The hearing and subsequent board of examiners for
occupational therapy meeting may also be accessed virtually via Microsoft
Teams.
Meeting
Link:
https://teams.microsoft.com/meet/2119851031815?p=dOJknkgBO8IqwPen3c
Meeting ID: 211 985 103 1815
Passcode: rK2ib2Qr
Dial in by phone
+1 505-312-4308,,444314375#
United States, Albuquerque
Find a local number
Phone conference ID: 444 314 375#
For organizers: Meeting options | Reset dial-in PIN
The purpose of the rule hearing is to consider the
initiation of rulemaking for the following rules:
16.15.1 NMAC GENERAL
PROVISIONS
16.15.2
NMAC LICENSING REQUIREMENTS
16.15.3
NMAC SUPERVISION
16.15.4 NMAC
CONTINUING EDUCATION REQUIREMENTS
16.15.5
NMAC DISCIPLINARY PROCEEDINGS
16.15.6
NMAC FEE SCHEDULE
16.15.7
NMAC EXPEDITED LICENSING REQUIREMENTS
On Friday, November 4, 2025, copies of the proposed
rules may be obtained through the New Mexico Occupational Therapy Board website
at RLD | Occupational Therapy Laws, Rules, and Policies or by contacting the Team
Manager, Richard Espinoza at (505) 618-0321.
The New Mexico Occupational Therapy Board and the Regulation
and Licensing Department will begin accepting written public comment regarding
the proposed rule changes beginning Tuesday November 4, 2025, 8:00 a.m. and
ending Friday December 5, 2025, 1:30 p.m. Written public comment may be
submitted either by email to occupationaltherapy@rld.nm.gov
or by postal mail to the following address:
Attn: New Mexico Board of Examiners for Occupational
Therapy
P.O. Box 25101
Santa Fe, NM 87504
Written comments received during the public comment
period (November 4, 2025 December 5, 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 Board of Examiners for Occupational Therapy 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 Board of Examiners for
Occupational Therapy 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
Team Manager Richard Espinoza.
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 Team Manager Richard Espinoza at (505) 618-0321
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 Occupational Therapy
Act (Act), Section 61-12A-1 through 61-12A-25 NMSA 1978, which provides
explicit authority for the Occupational 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 16-15-1
through 16-15-7 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 definitions regarding occupational therapy assistant. The changes also
update the rules for remote participation, initial application for license
renewal 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, and change the current
fee for returned checks from $25.00 to $35.00. 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 Boards
statutory obligation to promote, preserve and protect public health, safety and
welfare.
Summary of
Proposed Changes:
16.15.1 NMAC -General Provisions. Clarify the definition of Occupational
Therapy assistant, and update remote participation.16.15.2 NMAC- Licensing
Requirements. Update Initial Application for Licensure from using paper to electronic
applications. 16.15.3 Supervision. Update the verbiage for the New Mexico
Telehealth Act. Add verbiage to task delegation for clarity. 16.15.4 NMAC-Continuing Education Requirements.
Add more clarity to annual continuing education requirements, and add clarity
to continuing education audit. Add the continuing education (CEU) required to
obtain or maintain an active license, allow the board to conduct a random audit
and allow the board to impose disciplinary action if the licensee attests to and
does not have the CEUs need to renew their license. 16.15.5 NMAC Disciplinary Proceedings. Add
verbiage to Conduct of Hearing Regulations, changing from written complaint to online
complaint. 16.15.6 Fee Schedule Strike out $20.00 dollars for return checks.
and adding $35.00 dollar fee for return checks, or electronic checks. Add $10
electronic processing fee. 16.15.7 Expedited Licensing Requirements. Update
Verbiage.