N.M. Code R. § 16.15.2.9 – Initial Application for Licensure

A. An application packet may be obtained from the state licensure board office.
B. The application must be submitted on completed forms as supplied by the board.
C. A photograph of the applicant taken within six months prior to filing application must be submitted with the application. (Passport size recommended; scanned or computer-generated photographs must be printed on photo quality paper).
D. Application fees in the form of a check or money order must be submitted in full with the application. Personal checks may delay processing of your application for up to 10 days.
E. Verification of registration or certification may be provided in any of the following ways.
1. (1) Written verification must be received by the board directly from the national board for certification in occupational therapy (NBCOT) certifying that the applicant’s certification is active and in good standing.
2. (2) Written verification of initial certification must be received by the board directly from the national board for certification in occupational therapy (NBCOT) and verification of licensure from each state in which the applicant has been licensed. Such proof of licensure must be received by the board directly from the state boards where currently and previously licensed. For applicants who practiced in states that do not require licensure, written verification of employment shall be received by the board office directly from the applicant’s previous employers on a verification of employment form to be provided by the board.
F. An occupational therapy assistant (OTA), shall file with the board a signed, current statement of supervision by the occupational therapist (OT) who will be responsible for the supervision of the occupational therapy assistant (OTA) within 20 business days of starting employment as an OTA. Both the supervisor and supervisee carry responsibility for notifying the board within 10 work days when there is a change of supervisor.
G. On-line applications will require a notarized signature card be filed with the board office.
H. All licenses are the property of the board and shall forthwith be returned to the board, if requested.
I. No license is valid without the official board seal.
J. Convictions for any of the following offenses, or their equivalents in any other jurisdiction are disqualifying criminal convictions that may disqualify an applicant from receiving or retaining a license issued by the board:
1. (1) crimes involving homicide; murder, manslaughter, or resulting in death;
2. (2) crimes involving human trafficking, or trafficking in controlled substances;
3. (3) kidnapping, false imprisonment, assault, aggravated assault, battery or aggravated
  battery;
4. (4) rape, criminal sexual penetration, criminal sexual contact, incest, indecent exposure,
  prostitution, or other sexual crimes;
5. (5) crimes involving great bodily harm, adult abuse, injury to pregnant woman, child abuse, neglect, abandonment, stalking, aggravated stalking, custodial interference, unlawful interference with custody, sabotage, financial exploitation, exploitation of a care facility resident’s property, or criminal damage to property of a household member;
6. (6) contributing to the delinquency of a minor, unlawful carrying of a deadly weapon on school premises, unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages, or a felon in possession of a firearm;
7. (7) crimes involving the unauthorized distribution of sensitive images;
8. (8) crimes involving ransom, robbery, larceny, extortion, burglary, sabotage, fraud, forgery, embezzlement, identity theft, credit card fraud or unauthorized use of a credit card; receiving stolen property, stolen vehicles, money laundering, or burglary tools;
9. (9) crimes involving unlawful taking, embezzlement or fraudulently obtaining a vehicle or motor vehicle;
10. (10) crimes involving making a bomb scare, arson, explosives, incendiary devices, facsimile bombs, hoax explosives, deadly weapons, or firearms;
11. (11) crimes involving seizing or exercising control of a bus by force or violence or by threat of force or violence;
12. (12) Violation of Partial-Birth Abortion Ban Act or the Endowed Care Cemetery Act;
13. (13) crimes involving the unlawful disposal of, use or sale of an unclaimed body;
14. (14) intentionally hampering, obstructing, tampering or destroying a monitoring device or a recording made by a monitoring device installed in a facility pursuant to the Patient Care Monitoring Act;
15. (15) crimes involving the second or subsequent offense of certain prohibited acts of the owner of a dangerous or potentially dangerous dog in the Dangerous Dog Act;
16. (16) crimes involving cruelty to animals, dog fighting, cockfighting, unlawful tripping of an equine causing the maiming, crippling or death of the equine, injury to police dog, police horse or fire dog;
17. (17) crimes involving the use of telephone to terrify, intimidate, threaten, harass, annoy or offend;
18. (18) crimes involving the use of any firearm, destructive device or technique capable of causing injury or death to any person with the intent that the knowledge or skill taught, demonstrated or gained be unlawfully used in furtherance of a civil disorder;
19. (19) violations of the Model State Commodity Code, the New Mexico Uniform Securities Act, the Mortgage Loan Company Act, Uniform Money Services Act, or the New Mexico Mortgage Loan Originator Licensing Act;
20. (20) crimes involving procuring or attempting to procure telecommunications service by theft or intentional damage of, communications or public utility equipment, whether customer or utility-owned, which created a public safety hazard or causes a disruption of communications services or public utility services to 10 or more households;
21. (21) crimes involving violations of the Election Code;
22. (22) crimes involving bribery, intimidating witnesses, retaliation against a witness, tampering with evidence, tampering with public records, performing an official act for personal gain, demanding or receiving a bonus, gratuity or bribe, unlawful interest in a contract involving an irrigation district, or receiving profits derived from an unlawful interest in a contract involving an irrigation district, or unlawful interest in a public contract;
23. (23) crimes involving jury tampering, impersonating a peace officer, or disarming a peace officer;
24. (24) crimes involving escape from custody, community custody release program, jail or penitentiary, or fleeing a law enforcement officer;
25. (25) crimes involving unlawful rescue, procuring escape, or conniving at, aiding or assisting escape of a person confined or held in lawful custody or confinement, or harboring or aiding a felon;
26. (26) crimes involving furnishing articles for a prisoner’s escape, furnishing drugs or liquor to
  a prisoner, or bringing contraband into a prison or jail;
27. (27) crimes involving tax evasion or tax fraud;
28. (28) willful failure to collect and pay over taxes;
29. (29) crimes involving attempts to evade or defeat any tax;
30. (30) crimes involving paying or receiving public money for services not rendered;
31. (31) crimes involving violations of the Cigarette Tax Act, including packaging cigarettes and counterfeit stamps;
32. (32) crimes involving violations of the Cigarette Enforcement Act;
33. (33) crimes involving the Savings and Loan or the Credit Union Act;
34. (34) crimes involving perjury, false swearing of oath or affidavit, false voting, falsifying documents, filing false documents, making false statements, making an unauthorized withdrawals, obtaining information under false pretenses, or providing the credit bureau information of a consumer to an entity who is not authorized to receive that information;
35. (35) crimes involving an act or omission, with intent to defraud, expressly declared to be unlawful by the Banking Act,
36. (36) crimes involving altering or changing engine or other number of a vehicle or motor vehicle;
37. (37) crimes involving any contractor or subcontractor justly indebted to a supplier of material or labor who accepts payment for construction and knowingly and intentionally applies the proceeds to a use other than paying those persons with whom he contracted;
38. (38) crimes involving knowingly authorizing or assisting in the publication, advertising, distribution or circulation of any false statement or representation concerning any subdivided land offered for sale or lease, or with knowledge that any written statement relating to the subdivided land is false or fraudulent, issuing, circulating, publishing or distributing it;
39. (39) crimes involving making or permitting a false public voucher;
40. (40) crimes involving a false public voucher, false reports, uttering false statements, paying or receiving public money for services not rendered;
41. (41) crimes involving violations of the New Mexico Uniform Securities Act;
42. (42) crimes involving extortionate extensions of credit or racketeering;
43. (43) crimes involving the Pyramid Promotional Scheme Act or Antitrust Act;
44. (44) crimes involving the unlawful request, receipt, or offer to another that is exchanged for the promised performance of an official act, or illegal kickbacks;
45. (45) failing to comply with the registration or verification requirements of the Sex Offender Registration and Notification Act;
46. (46) crimes involving the practice of medicine, dentistry, optometry or osteopathic medicine without a license or authorization of the appropriate regulating authority;
47. (47) second or subsequent conviction of Chiropractic Physician Practice Act;
48. (48) crimes involving certain violations of the Optometry Act;
49. (49) crimes involving the Medicaid Fraud Act,
50. (50) fourth or subsequent conviction for driving under the influence of intoxicating liquor or drugs;
51. (51) crimes involving controlled substances, including violations of the Controlled Substances Act;
52. (52) crimes involving violations of the Drug Precursor Act or the Drug, Device and Cosmetic Act;
53. (53) crimes involving violations of the New Mexico Subdivision Act or the Mortgage Foreclosure Consultant Prevention Act;
54. (54) misuse of funds;
55. (55) intent to defraud uses on a public security or instrument of payment;
56. (56) crimes involving a violation of the Governmental Conduct Act; or
57. (57) an attempt, solicitation, or conspiracy involving any of the felonies in this subsection.
K. the board shall not consider the fact of a criminal conviction as part of an application for licensure unless the conviction in question is one of the disqualifying criminal convictions listed in Subsection J of this rule.
L. the board shall not deny, suspend or revoke a license on the sole basis of a criminal conviction unless the conviction in question is one of the disqualifying convictions listed in Subsections J of this rule.
M. nothing in this rule prevents the board from denying an application or disciplining a licensee on the basis of an individual’s conduct to the extent that such conduct violated the Occupational Therapy Act, regardless of whether the individual was convicted of a crime for such conduct or whether the crime for which the individual was convicted is listed as one of the disqualifying criminal convictions listed in Subsection J of this rule.
N. in connection with an application for licensure, the board shall not use, distribute, disseminate, or admit into evidence at an adjudicatory proceeding criminal records of any of the following:
1. (1) an arrest not followed by a valid conviction;
2. (2) a conviction that has been sealed, dismissed, expunged or pardoned;
3. (3) a juvenile adjudication; or
4. (4) a conviction for any crime other than the disqualifying criminal convictions listed in Subsection J of this rule.
  [6/14/1997; 2/14/1998; 16.15.2.9 NMAC - Rn, 16 NMAC 15.2.9, 6/29/2000; A, 4/3/2003; A, 8/29/2005; A, 1/30/2015; A 2/24/2022]