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NM OT Jurisprudence study materials
NM OT Jurisprudence study resources

NM OT Jurisprudence: Board Authority, Rulemaking, and Enforcement

NM OT Jurisprudence · Work through your exam, one topic at a time.

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Board Authority, Rulemaking, and Enforcement

Domain 3: Board authority, rulemaking, and enforcement

This domain tests the Board's legal role: licensing, rule adoption, investigation, and enforcement. Questions often ask what the Board can and cannot do.

Core rules

  • The New Mexico Board of Examiners for Occupational Therapy administers the Occupational Therapy Practice Act and adopts rules published in NMAC Title 16, Chapter 11.
  • The Board issues, renews, denies, suspends, and revokes licenses; approves or audits continuing education; and investigates complaints.
  • Enforcement follows the Uniform Licensing Act, NMSA 1978, §§ 61-1-1 et seq., for notice, hearing, and appeal.
  • The Board may subpoena records, require testimony, and impose discipline authorized by statute. It may also seek cease-and-desist action against unlicensed practice.
  • The Board does not award damages, decide malpractice liability, or give legal advice; those are civil or criminal matters.

Worked example

A consumer alleges an OT practiced on an expired license. The Board screens the complaint, investigates, and issues a notice of contemplated action. The licensee may request a hearing. If the Board finds unlicensed practice, it can impose sanctions and order compliance. The consumer's separate malpractice claim is not resolved by the Board.

Traps

Do not confuse Board discipline with a civil lawsuit. Do not assume the Board can ignore its own rules or the Uniform Licensing Act. Do not treat an advisory opinion as a statute; the Practice Act and adopted rules control.