2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 12D - Physical Therapy
Section 61-12D-12 - Supervision. (Repealed effective July 1, 2028.)
A. A physical therapist is responsible for patient care given by assistive personnel under his supervision. A physical therapist may delegate to assistive personnel and supervise selected acts, tasks or procedures that fall within the scope of physical therapy practice but do not exceed the assistive personnel's education or training.
B. A physical therapist assistant shall function under the supervision of a physical therapist as prescribed by rules of the board.
C. Physical therapy aides and other assistive personnel shall perform patient care activities under on-site supervision of a physical therapist. "On-site supervision" means the supervising physical therapist shall:
(1) be continuously on-site and present in the department or facility where the assistive personnel are performing services;
(2) be immediately available to assist the person being supervised in the services being performed; and
(3) maintain continued involvement in appropriate aspects of each treatment session in which a component of treatment is delegated to assistive personnel.
History: Laws 1997, ch. 89, § 12.
ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 61-12D-17 NMSA 1978.
"Supervision". — Term "immediate personal supervision," as used in this section, calls for close, direct supervision by a licensed practitioner of the healing arts. 1957 Op. Att'y Gen. No. 57-316 (rendered under prior law).
Holding self out as physical therapist. — Even without an appropriate title or set of initials, an individual could still be publicly professing to be a physical therapist. 1957 Op. Att'y Gen. No. 57-316.
Masseur. — Masseur who merely massaged other persons without professing to do so to relieve disease or pain did not come within the provisions of former licensing act, but when he held himself as being able to heal or cure diseases, he was subject to prosecution. 1941 Op. Att'y Gen. No. 41-3956; 1950 Op. Att'y Gen. No. 50-5275.
Violation of act. — While unlicensed individual might not be guilty of unprofessional conduct since he works for physicians on a prescription basis, his want of a license plus lack of knowledge of his activities by the orthopedic surgeon under whose control he ostensibly works, and lack of close, direct and personal supervision of such activities by any licensed practitioner, clearly indicates a lack of compliance with this act. 1957 Op. Att'y Gen. No. 57-316.
