1 1 NEW MEXICO PHYSICAL THERAPY BOARD 6 June 1, 2017 … · MR. ROBERT PATTILLO, Chair (Telephonically) 11 MR. ALFRED CATA, Vice Chair and Presiding Officer 12 MR. ROBERT ROMERO,

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1 1 NEW MEXICO PHYSICAL THERAPY BOARD 2 3 4 5 TRANSCRIPT OF PROCEEDINGS REGULAR BOARD MEETING 6 June 1, 2017 12:21 p.m. 7 NM Regulation and Licensing Department, Board Room 5500 San Antonio Drive, Northeast 8 9 APPEARANCES: 10 MR. ROBERT PATTILLO, Chair (Telephonically) 11 MR. ALFRED CATA, Vice Chair and Presiding Officer 12 MR. ROBERT ROMERO, Professional Member MS. JETTA REYNOLDS, Public Member 13 MS. WENDY BIRCHER, Professional Member (Telephonically) 14 ALSO PRESENT: MS. MARYLOU POLI, 15 Assistant Attorney General MS. TERESA ORTEGA, Board Administrator 16 17 18 19 20 REPORTED BY: CYNTHIA C. CHAPMAN, CCR-RMR-CRR 21 New Mexico CCR #219 Bean & Associates, Inc. 22 Professional Court Reporting Service 201 Third Street, NW, Suite 1600 23 Albuquerque, New Mexico 87102 24 25 8251L (CC)


2 1 I N D E X T O P R O C E E D I N G S 2 1 Call Meeting to Order 3 3 II Approval of Agenda 5 4 III Approval of Minutes 5 5 IV New Business 7 6 a) Adoption of Rule Changes, 16.20.3.11, 7 Licensure by Reciprocity 7 b) Ratification of Licenses Issued Between 10 8 December 10, 2017 and May 22, 2017 9 c) Introduction of new Board Counsel 11 10 d) Discussion of Physical Therapist 12 Graduates applying to sit for the 11 Physical Therapist Assistant National Exam and being licensed as a PTA 12 e) Discussion on Live Webcast Seminars for 15 13 Continuing Education 14 V Executive Session 21 15 VI Public Comment 24 16 VII Next Meeting Date and Location 24 17 VIII Adjourn 27 18 REPORTER'S CERTIFICATE 28 19 20 21 22 23 24 25


3 1 PRESIDING OFFICER CATA: This meeting will 2 come to order. The time is 12:21 p.m. 3 Will the Board Administrator please take 4 roll call? 5 MS. TERESA ORTEGA: Robert Pattillo? 6 MR. ROBERT PATTILLO: Present. 7 MS. TERESA ORTEGA: Alfred Cata? 8 PRESIDING OFFICER CATA: Present. 9 MS. TERESA ORTEGA: Wendy Bircher? 10 MEMBER BIRCHER: Present. 11 MS. TERESA ORTEGA: Robert Romero? 12 MEMBER ROMERO: Present. 13 MS. TERESA ORTEGA: Jetta Reynolds? 14 MEMBER REYNOLDS: Present. 15 MS. TERESA ORTEGA: There are no members 16 absent. And Robert Pattillo and Wendy Bircher are 17 telephonic. 18 PRESIDING OFFICER CATA: Okay. Do we have 19 a quorum? 20 MS. TERESA ORTEGA: Yes. 21 PRESIDING OFFICER CATA: Yes. Thank you. 22 Board Counsel. I'm going to let the new 23 counsel introduce herself, please. 24 MS. MARYLOU POLI: Thank you. My name is 25 Marylou Poli. And I am your counsel.


4 1 PRESIDING OFFICER CATA: Thank you for 2 coming. She's really a nice lady. She's over here 3 kind of shy. 4 MS. MARYLOU POLI: I really am happy to be 5 here. It's truly a privilege. And everybody has 6 welcomed me in a friendly way. And I appreciate 7 that. 8 And I have 100 million questions; so I'm 9 sure most of them go to Teresa. And so far, she's 10 been very patient with me. 11 So thank you. And I'm happy to be here, 12 and I'll stick around for a long time, if I have my 13 druthers. 14 PRESIDING OFFICER CATA: Yeah. 15 MEMBER BIRCHER: Welcome. 16 MEMBER ROMERO: Welcome. 17 PRESIDING OFFICER CATA: And welcome. 18 MS. TERESA ORTEGA: So Staff present, I 19 have myself. We have Elisa Salazar, Compliance 20 Officer. And we also have Amanda Griego, who's a 21 Compliance Officer, and she will be taking Elisa's 22 place. So at our next meeting, it will be Amanda. 23 PRESIDING OFFICER CATA: Hi, Amanda. 24 MS. AMANDA GRIEGO: Hello. Nice to meet 25 you. I actually will have a lot of questions, as


5 1 well. 2 PRESIDING OFFICER CATA: Okay. Let the 3 record show that a quorum is present. I will hear a 4 motion to approve the meeting agenda, as written, if 5 everyone has had a chance to review it. 6 MEMBER BIRCHER: I approve the meeting 7 minutes as written. 8 MEMBER ROMERO: The agenda. 9 MEMBER BIRCHER: The agenda. 10 PRESIDING OFFICER CATA: Okay. Do I hear 11 a second? 12 MEMBER ROMERO: Second. 13 PRESIDING OFFICER CATA: Okay. Any 14 discussion? 15 Seeing none, all in favor, say "Aye." 16 (Members so indicate.) 17 PRESIDING OFFICER CATA: Any opposed? 18 (No response.) 19 PRESIDING OFFICER CATA: Okay. That's 20 unanimous. The "Ayes" have it. Motion passes. 21 Okay. 22 Wendy Bircher made a motion to approve the 23 agenda, as written, and it was seconded by Robert 24 Romero, which passes unanimous approval. 25 Approval of Minutes. I will hear a motion


6 1 to approve the December 20th, 2017 [verbatim], Board 2 meeting minutes. 3 If everyone has had a chance to review 4 them, are there any corrections that need to be 5 made? 6 MS. TERESA ORTEGA: '16 -- it's 7 December 20th, 2016. 8 PRESIDING OFFICER CATA: Okay. 9 MS. MARYLOU POLI: I'm passing this to 10 you, so you can sign it. 11 PRESIDING OFFICER CATA: Okay. 12 MEMBER ROMERO: Mr. -- Mr. Vice Chair? 13 PRESIDING OFFICER CATA: Yes. 14 MEMBER ROMERO: I make a motion to approve 15 the minutes of December 20th, 2016, Regular Meeting. 16 PRESIDING OFFICER CATA: Do I have a 17 second? 18 MEMBER BIRCHER: I second. 19 PRESIDING OFFICER CATA: Any discussion? 20 Seeing none, all in favor, say "Aye." 21 (Members so indicate.) 22 PRESIDING OFFICER CATA: The "Ayes" have 23 it. Motion passes. 24 A motion -- Robert -- let me see. Who 25 made the motion?


7 1 MEMBER BIRCHER: Robert Romero. 2 PRESIDING OFFICER CATA: Robert Romero 3 made the motion to approve the December 20th, 2016, 4 Regular Board Meeting minutes, and as written and 5 amended. Wendy Bircher seconded the motion, which 6 was passed by unanimous approval. 7 Okay. 8 MS. TERESA ORTEGA: Go ahead and sign that 9 first; and that way, we can move. 10 PRESIDING OFFICER CATA: Okay. Signature 11 is on what page? 12 MS. TERESA ORTEGA: The third page. Last 13 page, please. It says, "Approved By." 14 PRESIDING OFFICER CATA: Okay. 15 MS. TERESA ORTEGA: And if you could put 16 "Vice Chair"? 17 Thank you very much. 18 PRESIDING OFFICER CATA: Okay. New 19 Business. Adoption of Rule Change 16.20.3.11, 20 "Licensure by Reciprocity." 21 I will hear a motion to accept the Rule 22 Change 16.20.3.11. 23 MEMBER REYNOLDS: I'll make the motion to 24 approve that. 25 PRESIDING OFFICER CATA: Okay. Jetta


8 1 Reynolds makes a motion to accept the proposed Rule 2 changes to 16.20.23.11, "Licensure by Reciprocity." 3 MEMBER ROMERO: Second. 4 PRESIDING OFFICER CATA: Robert Romero 5 seconds the motion. 6 MS. MARYLOU POLI: One moment, Vice Chair. 7 PRESIDING OFFICER CATA: Yes. 8 MS. MARYLOU POLI: You might need to do -- 9 to change that one word in the other rule. Do you 10 think we need to get that on the record? 11 MS. TERESA ORTEGA: I'm not sure. 12 MS. MARYLOU POLI: So, Vice Chair, what 13 we're discussing is in the adopted Rule changes, the 14 title is changed from "License by Endorsement" to 15 "Licensure by Reciprocity"; so "Endorsement" has 16 been changed to "Reciprocity." 17 And I happened to notice, in 18 Rule 16.20.3.8, it's referring to the word 19 "endorsement" again, which we need to change that to 20 match the endorsed -- sorry -- the changed rule for 21 reciprocity. This is a clerical change, now that 22 the adopted -- it's already been adopted. 23 PRESIDING OFFICER CATA: If it's a 24 clerical change, I don't think we need to vote on 25 it.


9 1 MS. MARYLOU POLI: Right; but just -- 2 PRESIDING OFFICER CATA: It would just be 3 a -- for the record, it would change in name only -- 4 MS. MARYLOU POLI: Thank you. 5 PRESIDING OFFICER CATA: -- to match the 6 current rule. 7 MS. MARYLOU POLI: Thank you, Vice Chair. 8 PRESIDING OFFICER CATA: Okay. 9 Okay. Ratify approval of licenses 10 issued -- wait. Wait, wait, wait. 11 MEMBER ROMERO: We need to vote. 12 PRESIDING OFFICER CATA: No, we don't need 13 to vote. 14 MS. TERESA ORTEGA: Jetta made a motion to 15 approve the proposed rule changes. Robert Romero 16 seconded. 17 PRESIDING OFFICER CATA: Then we've got to 18 vote. We do have to vote. We need to vote on this 19 motion to accept the rule -- Proposed Rule 20 Change 16.20.3.11. 21 If you'll call roll, we'll vote by roll 22 call, please. 23 MS. TERESA ORTEGA: Robert Pattillo? 24 MR. ROBERT PATTILLO: Present. 25 MS. TERESA ORTEGA: Just say "Aye." We


10 1 don't need to -- 2 PRESIDING OFFICER CATA: Okay. Those in 3 favor, say "Aye." 4 (Members so indicate.) 5 PRESIDING OFFICER CATA: Those opposed? 6 (No response.) 7 PRESIDING OFFICER CATA: Motion passes 8 unanimous. 9 Okay. We go to ratification. Ratify 10 approval of licenses issued between December 19, 11 2016, and May 22, 2017. 12 Teresa? 13 MS. TERESA ORTEGA: Okay. So we had a 14 total of 87 licenses issued. So Physical 15 Therapists -- did you -- you all had time to review 16 it. For physical therapists, we had 87; for PTAs, 17 we had 43. 18 PRESIDING OFFICER CATA: All right. 19 MS. TERESA ORTEGA: For PT instructors, we 20 had 3; PT temporary licenses, we had 1; PTA 21 temporary licenses, we had 13. 22 PRESIDING OFFICER CATA: Okay. Any 23 comments or questions? 24 MEMBER REYNOLDS: A lot of hard work doing 25 that. Thank you.


11 1 PRESIDING OFFICER CATA: Seeing none, I 2 will hear a motion to ratify the approval of all 3 licenses issued between December 19th, 2016, and 4 May 22nd, 2017. 5 MEMBER ROMERO: So moved. 6 PRESIDING OFFICER CATA: Okay. The motion 7 was made by Robert Romero to approve all the 8 licenses that were issued from December 19th, 2016, 9 and to May 22nd, 2017. 10 Do I have a second? 11 MEMBER BIRCHER: I second. 12 PRESIDING OFFICER CATA: Okay. Wendy 13 Bircher seconds the motion. 14 Any discussion? 15 Seeing none, all in favor, say "Aye." 16 (Members so indicate.) 17 PRESIDING OFFICER CATA: Motion passes by 18 approval -- unanimous approval. 19 Okay. Introduction of new Board Counsel. 20 We've already -- 21 MS. TERESA ORTEGA: This is the official 22 introduction. The other one was just roll call. 23 PRESIDING OFFICER CATA: The official 24 introduction, and welcome aboard. 25 MS. MARYLOU POLI: Thank you. I


12 1 appreciate it. 2 PRESIDING OFFICER CATA: I'm glad you're 3 here with us. I hope, like you said, you stay with 4 us. Marylou has been quite nice. She hasn't hit me 5 yet. 6 MS. MARYLOU POLI: I'm not going to; so 7 don't have any expectations. 8 PRESIDING OFFICER CATA: But we haven't 9 made any mistakes; so she's keeping us in good line. 10 Anything else? 11 No? 12 On discussion of Physical Therapy 13 Graduates' applying to sit for the Physical Therapy 14 National Exam and being issued a license as a PTA. 15 MS. TERESA ORTEGA: So this has come up a 16 few times. In general, within the Board office, 17 we -- there's a lot of times there are PTs who are 18 unable to pass the national exam. They take it 19 multiple times, and they can't pass it. 20 So they -- what they'll do is they'll 21 apply for a PTA license, you know. Their file is 22 complete; they'll take the PTA national exam. We -- 23 we issue a license as a PTA. 24 So -- so in the rules, there's nothing 25 that says that they cannot do that. It says that --


13 1 you know, as long as they complete a PT program. 2 Well, so the question is -- I guess the 3 Federation is asking -- they're updating their 4 paperwork, and they're basically just asking if that 5 is our standard procedure, if we allow that to 6 happen, which we do. 7 So I don't know if you all have any 8 comments on that, what you think about it. Indeed, 9 I mean, they have surpassed the PTA program. You 10 know, they're -- they're -- they have a degree for a 11 Physical Therapist. So, to me, they're qualified as 12 a PTA. I don't know. 13 PRESIDING OFFICER CATA: If they meet all 14 the rules -- or all the requirements for a PTA -- 15 MS. TERESA ORTEGA: Yes. 16 PRESIDING OFFICER CATA: -- and even 17 though they're applying for the one license, my 18 question would be, can they apply for a lesser 19 license at the same time? And I don't find anything 20 that says they can't. 21 I looked -- and I looked. And I thought, 22 you know, if they can apply for a PT and a PTA 23 license and get approved for one, they can start 24 work. 25 MS. TERESA ORTEGA: Correct.


14 1 PRESIDING OFFICER CATA: Which would -- 2 may improve the odds for them to pass the PT exam at 3 a later date. 4 MEMBER REYNOLDS: Well -- and what you 5 sent in advance, the Federation didn't seem to have 6 a problem with it; they just wanted clarification of 7 it. And I felt if they felt it was a problem, they 8 would have discussed that with us. 9 MR. ROBERT PATTILLO: I've been 10 studying -- I can tell you that historically, this 11 has been going on for over 20 years. 12 PRESIDING OFFICER CATA: Yeah. 13 MEMBER BIRCHER: Yes. Yes. 14 PRESIDING OFFICER CATA: And I have no 15 problem with it. And I don't think we need to 16 change any rules, add anything else. We allow the 17 Office Administrator to go ahead and issue the 18 license, based on the fact that they meet all the 19 requirements. 20 MS. TERESA ORTEGA: Right. 21 PRESIDING OFFICER CATA: And there's no 22 further discussion. 23 Would that be correct? 24 MEMBER REYNOLDS: Yes. 25 MEMBER ROMERO: Well, they have to sit for


15 1 the PTA exam, don't they? 2 MS. TERESA ORTEGA: They have to meet all 3 the requirements, yes. 4 MEMBER BIRCHER: They have to sit for the 5 exam. 6 MEMBER ROMERO: So if they pass it... 7 PRESIDING OFFICER CATA: If they pass it, 8 there's no reason for them not to have the license. 9 MEMBER BIRCHER: Correct. 10 MEMBER ROMERO: We've never had any 11 problems with this. Bob and I have been on the 12 Board for close to 20 years. 13 Bob, we've never had any problems with 14 this before, have we? 15 MR. ROBERT PATTILLO: No, sir. It's 16 always worked out very well. 17 PRESIDING OFFICER CATA: Yeah. Okay. 18 MS. TERESA ORTEGA: Okay. 19 PRESIDING OFFICER CATA: Continuing on. 20 Discussion on Live Webcast Seminars for Continuing 21 Education. 22 MS. TERESA ORTEGA: Okay. So this was 23 another e-mail that came through that I actually 24 sent over to Bob, and he wanted me to put it on the 25 agenda.


16 1 This actually is from a lady by the name 2 of Amanda Hyder. She's a continuing education 3 manager with Vyne Education. She's asking if a live 4 Webcast -- so let me read you what the e-mail says. 5 It says -- okay. Here's how it starts. 6 "A live Webcast is a live-stream over the 7 web of our live seminar. The attendees can watch 8 the stream and e-mail questions in to the speaker, 9 and the speaker will answer all the questions during 10 the live seminar. After watching the live-stream, 11 the attendees are required to complete a post-test 12 and pass at a 75 percent or higher. Then they will 13 receive a Certificate of Completion." 14 Do you consider this format "live" or 15 "distance" learning? 16 So what is a live Webcast to you? Is that 17 a live -- a live seminar or a distance learning? 18 MEMBER BIRCHER: To me, it would be 19 distance learning. 20 MEMBER ROMERO: To me, it's the same as a 21 video seminar, because there isn't any hands-on on 22 the part of the -- you know, if it was a two-way -- 23 MEMBER BIRCHER: Or direct. Direct, I 24 guess, yeah. Yeah. 25 MEMBER ROMERO: I can almost see it going


17 1 to a hands-on if it was, like, a two-way video. 2 MEMBER BIRCHER: Right. 3 MEMBER ROMERO: But if it was just a 4 one-way live seminar, with, you know, some e-mail 5 mailing, I'm -- to me, it comes off as a video-type. 6 MEMBER BIRCHER: Yeah. 7 MS. TERESA ORTEGA: Okay. So the 8 categories that we actually have as far as -- okay. 9 So then it is a live; because, actually, under our 10 live program, our section in the rules under 11 "Continuing Education," it says, "Live programs," 12 parentheses, "various programs, such as workshops, 13 in-service, two-way video conferencing." 14 MEMBER BIRCHER: Yeah. 15 MEMBER ROMERO: It's pretty explicit, 16 then. 17 MEMBER BIRCHER: Yeah. 18 MS. TERESA ORTEGA: Okay. 19 PRESIDING OFFICER CATA: But is it 20 two-way? It says two way. And, see, and on a video 21 conference -- on a Webcast, you can see one person, 22 and you can only e-mail. 23 MEMBER BIRCHER: No. They can ask 24 questions. 25 MEMBER REYNOLDS: They do have Q-and-A at


18 1 the end. 2 PRESIDING OFFICER CATA: Q-and-A? And so 3 Q-and-A over the web will be considered -- okay. 4 MS. TERESA ORTEGA: So then we would 5 consider it a live program and not a distance 6 learning. 7 MEMBER BIRCHER: Correct. 8 MS. TERESA ORTEGA: Okay. 9 MEMBER ROMERO: Cool. 10 PRESIDING OFFICER CATA: That makes it 11 easy for some folks. 12 MS. TERESA ORTEGA: So that's basically 13 all she had. I just wanted to make sure what -- get 14 your -- your thoughts on it; because I didn't know 15 which one to really -- you know, what to tell her. 16 MEMBER ROMERO: How many CEUs can be 17 approved for that? What's the maximum? 18 MS. TERESA ORTEGA: 30. Up to 30. 19 MEMBER ROMERO: So you can get a full -- 20 MS. TERESA ORTEGA: Up to 30. 21 MEMBER REYNOLDS: Al, are you having a 22 problem with that? You seem not totally confident 23 about it. 24 PRESIDING OFFICER CATA: You know, I would 25 like to see -- it's there in the rules. And I don't


19 1 have any problem with it. I would like to make sure 2 that -- or see an individual have, like, two 3 different CEU -- 4 MEMBER REYNOLDS: Categories. 5 PRESIDING OFFICER CATA: -- categories, or 6 two different sessions, simply because if you can 7 sit down and do one, it's good for two years, which 8 is fine, if it's going to be in your field. 9 MEMBER REYNOLDS: Would you feel better 10 about it not having the full 30 CEU points, because 11 it's less interactive than face-to-face? 12 PRESIDING OFFICER CATA: You know, because 13 of some of the others, I think it needs to be 14 allowed, simply because there are programs that 15 require, you know, a long-term, you know, 16 discussion, or seminar, where they're going to be 17 involved, and they earn the 30 CEUs. So if 30 CEUs 18 is allowed -- 19 MEMBER REYNOLDS: Up to, yeah. 20 PRESIDING OFFICER CATA: -- up to that 21 amount, then, yes, I have no problem with it. 22 MEMBER REYNOLDS: Okay. As long as you're 23 comfortable with it. 24 PRESIDING OFFICER CATA: Yeah, I am. 25 Okay. That's it?


20 1 MS. TERESA ORTEGA: That's it. 2 PRESIDING OFFICER CATA: I will hear a 3 motion for closure of the meeting to enter into 4 Executive Session. 5 MEMBER REYNOLDS: I move to close the 6 meeting to enter into Executive Session. 7 PRESIDING OFFICER CATA: I think we've got 8 to read that. 9 MEMBER REYNOLDS: Oh, sorry. 10 I, Jetta Reynolds, make a motion that the 11 PT Board Commission enter into an Executive Session 12 to discuss the items listed in the agenda, pursuant 13 to Section 10-15-1-H(1) of Open Meetings Act, 14 authorizing the closed sessions for matters related 15 to issuance, suspension, renewal, or revocation of a 16 license. 17 MEMBER ROMERO: Second. 18 PRESIDING OFFICER CATA: Will the Board 19 Administrator take a roll call to enter into 20 Executive Session? 21 MS. TERESA ORTEGA: Robert Pattillo? 22 MR. ROBERT PATTILLO: Present. 23 MS. TERESA ORTEGA: Alfred Cata? 24 PRESIDING OFFICER CATA: Yes. 25 MS. TERESA ORTEGA: Wendy Bircher?


21 1 MEMBER BIRCHER: Present. 2 MS. TERESA ORTEGA: Robert Romero? 3 MEMBER ROMERO: Yes. 4 MS. TERESA ORTEGA: Jetta Reynolds? 5 MEMBER REYNOLDS: Present. 6 MEMBER ROMERO: Actually, it needs to be a 7 "yes" or "no." 8 PRESIDING OFFICER CATA: The request from 9 the counsel is the answer needs to be "yes." 10 Robert Pattillo? 11 MR. ROBERT PATTILLO: Yes. 12 PRESIDING OFFICER CATA: Wendy Bircher? 13 MEMBER BIRCHER: Yes. 14 PRESIDING OFFICER CATA: Jetta Reynolds? 15 MEMBER REYNOLDS: Yes. 16 PRESIDING OFFICER CATA: Okay. The motion 17 is passed by a unanimous. Let the record show that 18 the Board entered into Executive Session at 19 12:42 p.m., and the recorder is being turned off. 20 (Executive Session conducted 21 off the reported record.) 22 PRESIDING OFFICER CATA: Let the record 23 show that the Board returned to Open Session at 24 12:52 p.m., and the matters discussed in the closed 25 meeting were limited only to the items listed in the


22 1 motion to close. 2 Okay. Applications. 3 MEMBER ROMERO: Are you ready for -- 4 MS. TERESA ORTEGA: No. Give him that 5 paper so he can read it. 6 MEMBER ROMERO: Okay. Mr. Vice Chair, I 7 would like to make a motion to send a warning letter 8 regarding the Board's decision that you have. 9 MS. TERESA ORTEGA: That the Respondent -- 10 MEMBER ROMERO: That the Respondent remove 11 the -- 12 MS. TERESA ORTEGA: The "PT" -- 13 MEMBER ROMERO: -- the PT within 15 days 14 of receipt of this letter, and further notify the 15 Board with a photo of your action. Failure to 16 remove the PT from the sign and website within 17 15 days may result in the Board filing a complaint 18 against you to the Consumer Protection Agency. 19 MEMBER REYNOLDS: I second the motion. 20 PRESIDING OFFICER CATA: Now, do we vote 21 on this one at this point? 22 MS. TERESA ORTEGA: Yes. 23 PRESIDING OFFICER CATA: All in favor, say 24 "Aye." 25 (Members so indicate.)


23 1 PRESIDING OFFICER CATA: All opposed, 2 "Nay"? 3 (No response.) 4 PRESIDING OFFICER CATA: I recuse. Vote 5 passes. 6 MEMBER ROMERO: All right. Mr. Vice 7 Chair, I'd like to make a motion to close the 8 following cases: PT 17-2 MAL, PT 16-07 INC, 9 PT 16-15 INC, PT 16-13 INC, PT 16-12 INC, due to no 10 violations of the Act or rules of the Board. 11 MEMBER REYNOLDS: I second the motion. 12 PRESIDING OFFICER CATA: All in favor, 13 "Aye"? 14 (Members so indicate.) 15 PRESIDING OFFICER CATA: All opposed, 16 "Nay"? 17 (No response.) 18 PRESIDING OFFICER CATA: I recuse. Motion 19 passes. 20 MEMBER ROMERO: Mr. Vice Chair, I would 21 like to make a motion to refer to the Attorney 22 General's Office for the issuance of a Notice of 23 Contemplated Action for the following violations: 24 61-12D-13(R). This is regarding PT 17-1 COM. 25 MEMBER REYNOLDS: I second it.


24 1 PRESIDING OFFICER CATA: Okay. All in 2 favor, say "Aye"? 3 (Members so indicate.) 4 PRESIDING OFFICER CATA: All opposed, 5 "Nay"? 6 (No response.) 7 PRESIDING OFFICER CATA: I recuse. 8 Okay. Motion passes. 9 MS. TERESA ORTEGA: Public Comment. 10 PRESIDING OFFICER CATA: Public Comment. 11 Anybody from the public? 12 No public out here. No comments. 13 Okay. On future board meetings. 14 MS. TERESA ORTEGA: Okay. Next Board 15 meeting should be around September. Give me some 16 dates, you all. Or, actually, does September sound 17 good for everybody? September or October? 18 MR. ROBERT PATTILLO: Teresa? 19 MS. TERESA ORTEGA: Yes. 20 MR. ROBERT PATTILLO: Can I make a 21 suggestion? 22 MS. TERESA ORTEGA: Yes, sir. 23 MR. ROBERT PATTILLO: Can you e-mail the 24 Board members several dates that you have a room 25 that is available, and then let us check our


25 1 calendar? 2 MS. TERESA ORTEGA: Sure. But can we -- 3 when do you want it? September or October? 4 MEMBER REYNOLDS: Is there a Federation 5 meeting in one of those months that would interfere 6 with it? 7 MEMBER ROMERO: It's in November. 8 MEMBER BIRCHER: It's November. 9 MS. TERESA ORTEGA: End of September? 10 MEMBER BIRCHER: Yeah. Works for me. 11 PRESIDING OFFICER CATA: End of September? 12 Okay. 13 How about you, Bob? End of September a 14 reasonable time frame? 15 MR. ROBERT PATTILLO: Probably. I think 16 what's happened in the past is that we've all 17 decided on a date, and there was no room available. 18 So what I would prefer is the last two weeks of 19 September that Teresa e-mail us all the dates that 20 we have that are a possibility, and then we can 21 narrow one down. 22 PRESIDING OFFICER CATA: Sounds good. 23 MS. TERESA ORTEGA: Yeah. What has 24 happened -- what happened recently is when I get 25 a -- when I reserve a room at the Gaming Control


26 1 Board, what happens is if a meeting comes up within 2 their office, they can kick -- they can boot my 3 reservation out. So that's what's happening with 4 that, even though I really like having our meetings 5 there instead. 6 So -- anyhow. But, yes, I will try to 7 find a place, a facility, first, and then I will 8 give you some dates. Okay? 9 PRESIDING OFFICER CATA: Okay. 10 MEMBER ROMERO: And then when -- just a 11 reminder. When you respond back, just respond back 12 to Teresa. Don't do a "Reply All," because it's an 13 Open Meetings Act violation; so... 14 MS. MARYLOU POLI: Rolling quorum. I just 15 like to say the words. 16 MEMBER ROMERO: Rolling quorum. Thank 17 you. 18 MEMBER REYNOLDS: Could you reserve at the 19 Gaming Office and then make a backup reservation 20 here for the same time? 21 MS. TERESA ORTEGA: We'll see, yeah. I'll 22 try to figure it out. Either here or maybe 23 Presbyterian. We'll see. 24 PRESIDING OFFICER CATA: Okay. Teresa 25 will take that and run with it, then, and see what


27 1 she can do for reservations and then give us an 2 opportunity on times and dates. 3 That's it? Okay. There being no other 4 business to come before this Board, the meeting is 5 adjourned at 1:00 p.m. 6 MEMBER ROMERO: I think we need a motion 7 to adjourn. 8 PRESIDING OFFICER CATA: Oh, wait. Do we 9 need a motion? 10 MEMBER ROMERO: Yes. 11 PRESIDING OFFICER CATA: Do we have a 12 motion to adjourn? 13 MEMBER ROMERO: So move. 14 PRESIDING OFFICER CATA: Is there a 15 second? 16 MEMBER BIRCHER: Second. 17 PRESIDING OFFICER CATA: Okay. There 18 being no other business to come before this Board, 19 the meeting is adjourned at 1:00 p.m. 20 Thank you all very much. 21 (Proceedings adjourned at 1:00 p.m.) 22 23 24 25

Documents

1 1 NEW MEXICO PHYSICAL THERAPY BOARD 6 June 1, 2017 … · MR. ROBERT PATTILLO, Chair (Telephonically) 11 MR. ALFRED CATA, Vice Chair and Presiding Officer 12 MR. ROBERT ROMERO,