NM PT Juris study materials
NM PT Juris study resources

NM PT Juris cheat sheet

NM PT Juris · Keep the key ideas within reach.

Quick reference

Practice Act: Definitions, Scope, Protected Titles

  • The New Mexico Physical Therapy Practice Act is administered by the Physical Therapy Board within the Regulation and Licensing Department; the Board adopts rules that carry the force of law alongside the statute.

  • "Physical therapy" means the evaluation, examination, and treatment of humans by physical or mechanical means to relieve pain, restore function, and prevent disability, including tests and measurements of strength, range of motion, and neuromotor performance.

  • "Physical therapist" is a person licensed under the Act; "physical therapist assistant" is a person licensed to work under PT direction; the two licenses are distinct and neither substitutes for the other.

  • Protected titles: only a licensee may use "physical therapist," "P.T.," "physical therapist assistant," "P.T.A.," or abbreviations suggesting licensure; unlicensed use is a violation subject to Board action.

  • "Practice of physical therapy" includes examination, evaluation, diagnosis of movement dysfunction, prognosis, intervention, and consultation; the term "physical therapy diagnosis" identifies movement-system dysfunction rather than disease.

  • "Supervision" is defined by rule in graded levels (direct, close, general); the level required depends on the setting, the patient's condition, and the assistant's experience rather than on a single statewide default.

  • "Referral" means a written or oral order from a licensed health care practitioner authorized to diagnose and treat; the Act specifies when a referral is required before treatment begins.

  • A person practicing physical therapy without a license, or aiding unlicensed practice, commits a violation enforceable by the Board through cease-and-desist orders, civil penalties, and licensure discipline.

Quick reference

Licensure Requirements, Application, and Maintenance

  • PT applicants must graduate from a CAPTE-accredited physical therapist education program; PTA applicants must graduate from a CAPTE-accredited physical therapist assistant program.

  • All applicants must pass the NPTE (PT or PTA examination as applicable) and the New Mexico jurisprudence examination; a passing NPTE score is transferred through the FSBPT score reporting service.

  • Applications are filed with the Board through the RLD licensing portal and require official transcripts, examination scores, fingerprint-based criminal history screening, and fee payment.

  • Licensure by endorsement is available for licensees in good standing in another jurisdiction whose requirements are substantially equivalent; the Board may require jurisprudence and criminal background checks.

  • Temporary or provisional permits may be issued to applicants awaiting examination results or endorsement, but the permit expires on a fixed date and cannot be renewed indefinitely.

  • Licenses expire on a biennial cycle tied to the licensee's birth month or a Board-assigned renewal date; practicing on an expired license is unlicensed practice.

  • The Board may deny licensure for unprofessional conduct, substance abuse, criminal convictions related to practice, or licensure discipline in another state; applicants must self-report such history.

  • Licensees must notify the Board of name and address changes and of any adverse action taken by another licensing authority within the period set by rule.

Quick reference

PTA Supervision, Delegation, and Scope of Duties

  • A PTA practices only under the direction and supervision of a licensed physical therapist; the PT retains responsibility for the plan of care, the initial examination, evaluation, diagnosis, and prognosis.

  • The PT performs the initial evaluation and periodic re-evaluation; the PTA may perform delegated interventions, ongoing data collection, and progress reporting within the established plan of care.

  • Delegation must match the assistant's education, training, and competence; the PT may not delegate tasks requiring the PT's independent clinical judgment, such as altering the plan of care.

  • Supervision levels: direct (PT on site and immediately available), close (PT on site at least part of the day and available by telecommunications), and general (PT available by telecommunications) as defined by Board rule and setting.

  • The PT must be accessible to the PTA during treatment, and the frequency of on-site supervision increases with patient acuity, complexity, and the assistant's experience level.

  • A PTA may not perform sharp debridement, joint manipulation, or dry needling where those acts are reserved to the PT by rule or statute.

  • Aides and technicians who are not licensed may perform non-treatment tasks such as transporting patients, preparing equipment, and clerical duties, but may not apply modalities or instruct in exercise.

  • The supervising PT must document supervision, co-sign PTA notes where required, and ensure the PTA does not practice in a setting or manner outside the Act.

Quick reference

Documentation, Patient Records, and Reporting

  • Every patient encounter must be documented contemporaneously, including date, services rendered, the provider's identity and credentials, the patient's response, and any changes in condition.

  • The initial PT note must record the examination findings, evaluation, diagnosis, prognosis, plan of care, and goals with measurable time frames; the plan of care must be signed and dated by the PT.

  • PTA entries must identify the assistant and the supervising PT and must be co-signed or reviewed by the PT as required by rule and payer policy.

  • Records are the property of the practice or facility, but patients have a right to copies; the licensee must respond to a patient's request within the time and fee limits set by state and federal law.

  • Retention: records must be kept for the period required by Board rule and, at minimum, the longer of the state retention period or the period required by third-party payers and minors' statutes.

  • Mandatory reporting: licensees must report suspected abuse, neglect, or exploitation of children, older adults, or incapacitated persons to the designated state agency as required by law.

  • Alterations to a record must be made by dated addendum; never obliterate, backdate, or destroy original entries, because falsification is an independent disciplinary ground.

  • Documentation must support the medical necessity of skilled services and justify the frequency and duration of care, since it is the basis for audits and Board review of practice.

Quick reference

Disciplinary Grounds, Complaints, and Board Enforcement

  • Grounds for discipline include unprofessional conduct, gross negligence, incompetence, practicing outside scope, fraud in obtaining a license, and impairment from alcohol or drugs.

  • The Board may impose reprimand, probation with conditions, suspension, revocation, civil penalties, and required remediation or continuing education.

  • A complaint may be filed by any person, including a patient, employer, or another licensee; the Board screens complaints, may conduct an investigation, and may dismiss frivolous matters.

  • The licensee must respond to Board inquiries within the stated deadline; failure to cooperate is itself a separate ground for discipline.

  • Disciplinary proceedings follow the Uniform Licensing Act, including notice, an opportunity for hearing, and appeal rights to district court after exhaustion of administrative remedies.

  • The Board may order summary suspension or restriction when continued practice poses an immediate threat to public health and safety, pending a full hearing.

  • The Board may seek injunctive relief and civil penalties against unlicensed practitioners and may refer criminal matters for prosecution.

  • Disciplinary actions are reportable to national practitioner data banks and other state boards; licensees must self-report arrests, convictions, and adverse actions.

Quick reference

Continuing Education and License Renewal

  • Continuing education is required each renewal cycle; the exact hour total and category breakdown are set by Board rule, so verify the current cycle requirement before renewing.

  • A defined portion of CE must be in jurisprudence, ethics, or New Mexico practice-specific topics, and hours must be Board-approved or from approved providers.

  • Licensees must retain CE certificates and documentation for the period set by rule and produce them on audit; unverifiable hours are disallowed.

  • Renewal requires a completed application, the renewal fee, and attestation of CE completion; late renewal may incur additional fees or require reinstatement.

  • A lapsed license may be reinstated on application, fee payment, and evidence of CE or re-examination as the Board requires; practicing while lapsed is unlicensed practice.

  • CE hours obtained through teaching, publishing, or clinical instruction may be credited within limits set by rule, not in unlimited quantity.

  • Renewal cycles are biennial and tied to the licensee's assigned renewal date; the licensee is responsible for timely renewal regardless of notice.

  • Falsifying CE records or claiming credit for unattended courses is unprofessional conduct subject to discipline.

Quick reference

Patient Rights, Informed Consent, Confidentiality, Conduct

  • Informed consent requires disclosure of the proposed intervention, its risks and benefits, reasonable alternatives, and the consequences of declining; consent must be voluntary and documented.

  • Patients have the right to refuse or withdraw consent at any time, to be informed of their condition and progress, and to participate in care decisions.

  • Confidentiality: patient information may be disclosed only with authorization or as required by law; HIPAA and New Mexico law both apply, and the stricter standard controls.

  • Minimum necessary disclosure applies to all releases; verbal disclosures in public areas, hallways, or shared gyms must be avoided.

  • Sexual contact with a current patient, and exploitation of the therapist-patient relationship, are prohibited regardless of apparent consent.

  • Boundary and dual-relationship rules: accepting gifts of substantial value, treating family members without safeguards, and financial conflicts of interest must be avoided or disclosed.

  • Licensees must not practice while impaired, must not abandon patients without appropriate notice and referral, and must maintain professional boundaries in all settings.

  • Patients must be treated without discrimination and with cultural and linguistic competence; interpreters and accommodations are required when needed for consent and care.

Quick reference

Direct Access, Referral Requirements, and Practice Settings

  • New Mexico permits treatment without a prior referral for a limited period or under conditions set by statute and Board rule; verify the current direct-access window and any site restrictions.

  • When treatment is rendered without referral, the PT must screen for contraindications, document the basis for the decision, and refer the patient to an appropriate practitioner when findings exceed PT scope.

  • A physical therapy diagnosis of movement dysfunction does not replace a medical diagnosis; suspected pathology, fractures, or systemic disease require prompt referral.

  • Referral requirements differ by setting: hospital, outpatient clinic, school, home health, and industrial settings may impose additional written-order and certification rules.

  • Third-party payer rules are separate from licensure rules; Medicare, Medicaid, and commercial plans may require a plan-of-care certification or physician order even when state law does not.

  • The plan of care must be established by the PT, signed and dated, and recertified or updated at intervals required by the payer and by Board rule.

  • In school-based and early-intervention settings, services must be tied to educational or functional goals and documented in the IEP or IFSP where applicable.

  • Telehealth practice is subject to the same licensure, consent, documentation, and supervision standards; the PT must be licensed in New Mexico to treat a patient located in New Mexico.