1. A. The board shall:

   1. (1) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to carry out the provisions of the Occupational Therapy Act;
   2. (2) use funds to meet the necessary expenses incurred in carrying out the provisions of the Occupational Therapy Act;
   3. (3) adopt a code of ethics;
   4. (4) enforce the provisions of the Occupational Therapy Act to protect the public by conducting hearings on charges relating to the discipline of licensees, including the denial, suspension or revocation of a license in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978];
   5. (5) establish and collect fees;
   6. (6) provide for examination for and issuance, renewal and reinstatement of licenses;
   7. (7) establish, impose, collect and remit fines for violations of the Occupational Therapy Act to the current school fund;
   8. (8) appoint a registrar to keep records and minutes necessary to carry out the functions of the board; and
   9. (9) obtain the legal assistance of the attorney general.

2. B. The board may:

   1. (1) issue investigative subpoenas for the purpose of investigating complaints against licensees prior to the issuance of a notice of contemplated action;
   2. (2) hire or contract with an investigator to investigate complaints that have been filed with the board. The board shall set the compensation of the investigator to be paid from the funds of the board;
   3. (3) inspect establishments; and
   4. (4) designate hearing officers.

History: 1978 Comp., § 61-12A-9, enacted by Laws 1996, ch. 55, § 9; 2003, ch. 408, § 14; 2022, ch. 39, § 46.

ANNOTATIONS

Repeals and reenactments. — Laws 1996, ch. 55, § 27 repealed 61-12A-9 NMSA 1978, as enacted by Laws 1983, ch. 267, § 9, relating to the registrar, and § 9 of that act enacted a new section, effective July 1, 1996.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 2022 amendment, effective May 18, 2022, clarified that the board of examiners for occupational therapy is required to follow the provisions of the State Rules Act when promulgating rules and is required to follow the provisions of the Uniform Licensing Act for licensing and disciplinary matters, and required the board to remit money collected in fines to the current school fund; in Subsection A, Paragraph A(1), deleted "adopt, file, amend or repeal" and added "promulgate", after "rules", deleted "and regulations", and after "in accordance with the", deleted "Uniform Licensing" and added "State Rules", in Paragraph A(4), after "revocation of a license", added "in accordance with the Uniform Licensing Act", and in Paragraph A(7), after "collect", added "and remit", and after "Occupational Therapy Act", added "to the current school fund".

The 2003 amendment, effective July 1, 2003, deleted former Paragraph B(1), concerning hire of attorney, and redesignated the subsequent paragraphs accordingly.