2023 New Mexico Statutes › Chapter 61 - Professional and Occupational Licenses › Article 14A - Acupuncture and Oriental Medicine Practice › Section 61-14A-8.1 - Expanded practice and prescriptive authority; certifications.

A. The board shall issue certifications, as determined by rule of the board, for expanded practice and prescriptive authority only for the substances enumerated in Paragraphs (1) and (2) of Subsection C of this section to a doctor of oriental medicine who has submitted completed forms provided by the board, paid the application fee for certification and submitted proof of successful completion of additional training required by rule of the board. The board shall adopt the rules determined by the board of pharmacy for additional training required for the prescribing, administering, compounding or dispensing of caffeine, procaine, oxygen, epinephrine and bioidentical hormones. The board and the board of pharmacy shall consult as appropriate.
B. The board shall issue certifications in the four expanded practices of basic injection therapy, injection therapy, intravenous therapy and bioidentical hormone therapy.
C. The expanded practice and prescriptive authority shall include:
(1) the prescribing, administering, compounding and dispensing of herbal medicines, homeopathic medicines, vitamins, minerals, amino acids, proteins, enzymes, carbohydrates, lipids, glandular products, natural substances, natural medicines, protomorphogens, live cell products, gerovital, dietary and nutritional supplements, cosmetics as they are defined in the New Mexico Drug, Device and Cosmetic Act [Chapter 26, Article 1 NMSA 1978] and nonprescription drugs as they are defined in the Pharmacy Act [Chapter 61, Article 11 NMSA 1978]; and
(2) the prescribing, administering, compounding and dispensing of the following dangerous drugs or controlled substances as they are defined in the New Mexico Drug, Device and Cosmetic Act, the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] or the Pharmacy Act, if the prescribing doctor of oriental medicine has fulfilled the requirements for expanded practice and prescriptive authority in accordance with the rules promulgated by the board for the substances enumerated in this paragraph:
(a) sterile water;
(b) sterile saline;
(c) sarapin or its generic;
(d) caffeine;
(e) procaine;
(f) oxygen;
(g) epinephrine;
(h) vapocoolants;
(i) bioidentical hormones;
(j) biological products, including therapeutic serum; and
(k) any of the drugs or substances enumerated in Paragraph (1) of this subsection if at any time those drugs or substances are classified as dangerous drugs or controlled substances.
D. When compounding drugs for their patients, doctors of oriental medicine certified for expanded practice and prescriptive authority shall comply with the compounding requirements for licensed health care professionals in the United States pharmacopeia and national formulary.
History:
Laws 2000, ch. 53, § 12; 2007, ch. 276, § 3.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, redefined the scope of certificates for expanded practice and prescriptive authority and added Subsections B through D.
Regulation of fees.
— Where the board adopted regulations that imposed new application and renewal fees for expanded practice certification and an administrative fee for approval of an expanded practice educational program; the application and renewal fees did not exceed the maximum set forth in the statutory schedule of application and renewal fees; the board discussed the reasons for the additional fees at a hearing before the regulations were adopted; and the new administrative fee covered the additional administrative work required to certify and approve continuing education for expanded practice, the new fees were authorized by statute and the board adequately justified its reasons for imposing the fees.
Wilcox v. N.M. Bd. of Acupuncture & Oriental Med.
, 2012-NMCA-106, 288 P.3d 902.
Regulation of the administration of substances.
— The board has the power to determine how the substances listed in Section 61-14A-8.1 NMSA 1978 are to be administered.
Wilcox v. N.M. Bd. of Acupuncture & Oriental Med.
, 2012-NMCA-106, 288 P.3d 902.
Authority to define terms.
— Where the board issued new regulations that redefined the terms "bioidentical hormones" and "natural substances" which had different definitions in prior regulations; the terms were not defined in the Acupuncture and Oriental Medicine Practice Act; the new definitions were developed by a joint committee of the board and the Board of Pharmacy; the definitions were informed by the Endocrine Society's characterization of such hormones; and the Attorney General advised the board that the prior definition of "natural substances" was so broad as to render the term meaningless, the board had the statutory authority to define the terms and the definitions were based on substantial evidence.
Wilcox v. N.M. Bd. of Acupuncture & Oriental Med.
, 2012-NMCA-106, 288 P.3d 902.
Regulations were lawful.
— Where the board held hearings on proposed regulations to establish a formulary to guide extended prescriptive authority, admitted numerous exhibits, heard testimony and public comment, sifted through testimony and records and weighed evidence compiled during the prior three-year period when the board considered the same regulations, and issued more than one hundred findings of fact and conclusions of law before the board adopted the regulations, the board's adoption of the regulations was not willful, arbitrary, or capricious.
Wilcox v. N.M. Bd. of Acupuncture & Oriental Med.
, 2012-NMCA-106, 288 P.3d 902.