reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 30 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.30.9 - CORPORATE ENTITIES PERMITTED

Current through Register Vol. 35, No. 13, July 16, 2024
The members of a purchasing cooperative may organize and
				  conduct business personally or through any corporate structure allowable under
				  state law.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 30 - LICENSES AND PERMITS - INTER-LOCAL OPTION DISTRICT TRANSFERS › Section 15.11.30.10 - DIVISION RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The division shall maintain, through its website, a list of
				  the names of all cooperatives that have complied with the requirements of this
				  part. A copy of the cooperative agreement for each listed cooperative shall be
				  available from the division upon request. Each cooperative may, at its
				  discretion, submit an updated schedule of its members, but shall submit an
				  updated copy of its cooperative agreement in the event of any material change
				  to the agreement.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 31 - ALCOHOL SERVER TRAINING - CERTIFICATION › Section 15.11.31.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Regulation and Licensing Department, Alcoholic
				  Beverage Control Division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 31 - ALCOHOL SERVER TRAINING - CERTIFICATION › Section 15.11.31.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all act licensees, lessees, servers, and
				  alcohol server training providers and instructors.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 31 - ALCOHOL SERVER TRAINING - CERTIFICATION › Section 15.11.31.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  60-3A-10
				  NMSA 1978 of the Act authorizes the director to make and adopt such rules as
				  necessary to carry out the duties of the division.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 31 - ALCOHOL SERVER TRAINING - CERTIFICATION › Section 15.11.31.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 25, 2017, unless a later date is cited at the end of a
				  section.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 31 - ALCOHOL SERVER TRAINING - CERTIFICATION › Section 15.11.31.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is intended to establish standards and procedures
				  for training persons employed in the alcoholic beverage service industry to
				  enhance their professionalism and to reduce the incidence of alcohol-related
				  problems statewide, and to comply with the provisions of the act and the
				  alcohol server education article of the act.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 31 - ALCOHOL SERVER TRAINING - CERTIFICATION › Section 15.11.31.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise defined in 15.10.2 nmac, terms used in
				  these rules have the same meanings as set forth in the act and the alcohol
				  server education act:
A.
"Applicant"
means a person or entity applying to the division for
				certification as a provider, instructor or program.
B.
"Approved test"
means a test
				proctored by a live instructor or a test administered on-line that has been
				approved by the division and incorporates at least 20 questions from a list of
				questions provided by the division. An approved test that is proctored by a
				live instructor must be graded by the instructor.
C.
"Certified program"
means an
				on-line or classroom program that is certified by the division.
D.
"Classroom program"
means a
				program certified by the division in accordance with these rules that is
				administered, at least in part by a live instructor and may or may not include
				the use of a computer.
E.
"Classroom hour"
means 50 minutes of instruction time and 10
				minutes of break time.
F.
"On-line program"
means a program certified by the division in
				accordance with these rules that is designed to be administered via the
				internet, including the exam, without the presence of a live
				instructor.
G.
"Personal
				identifier"
means a person's social security number or, if a person does
				not have a social security number, the person's individual taxpayer identifier
				number.
H.
"Proctored
				test"
means a test administered and supervised by a live
				instructor.
I.
"Server
				permit"
means an unexpired permit issued by the division to a person who
				has met all the requirements to become a server as required by these
				rules.
J.
"Student"
means an applicant for a server permit that participates in a certified
				program.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 31 - ALCOHOL SERVER TRAINING - CERTIFICATION › Section 15.11.31.11 - SURETY BOND; EVIDENCE OF FINANCIAL RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of the surety bond is to ensure that the
				  provider's students will be reimbursed for fees paid for the program if the
				  provider or instructor fails to conduct the program to
				  completion.
New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 11 - ALCOHOLIC BEVERAGES LICENSING › Part 31 - ALCOHOL SERVER TRAINING - CERTIFICATION › Section 15.11.31.12 - VIOLATION OF PROVIDER AND PROGRAM REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The director may fine or decertify any program, or refuse to
				  renew certification, when the director determines that:
A. a provider, instructor or an agent,
				knowingly provided false information to the director, advisory committee or
				division with regard to completion of a certified program by any
				person;
B. a provider, instructor
				or an agent, failed to conduct the program as certified by the
				division;
C. any person filing an
				application with the division for certification of a provider, instructor or
				program knowingly submitted false information to the director, advisory
				committee or division;
D. a
				provider failed to provide to the division complete, timely reports of
				applicants who satisfactorily completed the program; or
E. a provider or instructor otherwise failed
				to comply with the alcohol server education article or these rules.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 1 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.1.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Regulation and Licensing Department, on behalf of
				  the department, its divisions, and all administratively attached boards and
				  commissions.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 1 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.1.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part applies to disciplinary proceedings by an issuing
				  agency pursuant to the Parental Responsibility Act against a license,
				  certificate, registration or permit required to engage in a profession or
				  occupation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 1 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.1.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is adopted pursuant to the Parental Responsibility
				  Act, Sections
				  40-5A-1 to
				  40-5A-13
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 1 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.1.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 23, 2011, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 1 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.1.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part is intended to implement the requirements of the
				  Parental Responsibility Act as they apply to the issuance, renewal, suspension
				  or revocation of any license, certificate, registration or permit required to
				  engage in a profession or license by an issuing agency under this
				  part.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 1 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.1.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All terms
				defined in the Parental Responsibility Act shall have the same meanings in this
				part unless defined below.
B. As
				used in this part:
(1) "agency" means as the
				context requires, the issuing agency that is implementing the Parental
				Responsibility Act;
(2) "HSD" means
				the New Mexico human services department;
(3) "license" means a license, certificate,
				registration or permit issued by an agency that a person is required to have to
				engage in a profession or occupation in New Mexico;
(4) "statement of compliance" means a
				certified statement from HSD stating that an applicant or licensee is in
				compliance with a judgment and order for support;
(5) "statement of non-compliance" means a
				certified statement from HSD stating that an applicant or licensee is not in
				compliance with a judgment and order for support.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 1 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 16.1.1.8 - DISCIPLINARY PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Disciplinary action: If an applicant or licensee is not in compliance with a
				judgment and order for support, the agency:
(1) shall deny an application for a
				license;
(2) shall deny the renewal
				of a license; and
(3) has grounds
				for suspension or revocation of a license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 2 - SUNRISE PROGRAM › Section 16.1.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Any unregulated profession or occupation that is not under
				  the authority of an existing agency and that seeks to create a new board or
				  commission for the public health, safety or welfare must comply with the
				  provisions of the Act and must submit an application for regulation in
				  accordance with these rules and regulations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 2 - SUNRISE PROGRAM › Section 16.1.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations are adopted pursuant to Section
				  12-9A-6,
				  NMSA 1978, 1993 supplement.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 2 - SUNRISE PROGRAM › Section 16.1.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 1, 1994 [unless a later date is cited at the end of
				  a section].
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 2 - SUNRISE PROGRAM › Section 16.1.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
PURPOSE OF SUNRISE REVIEW:
A. The sunrise review establishes a system
				for investigation of the necessity of State regulation of an occupation or
				profession prior to the legislature enacting any law for such
				regulation.
B. The sunrise review
				enables the Committee and legislature to evaluate the need for regulation of an
				occupation or profession and to determine the level of regulation needed to
				safeguard the public health, safety or welfare.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 2 - SUNRISE PROGRAM › Section 16.1.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Each of the following terms shall have the meaning indicated
				  when used in these rules and regulations:
A. "Act" is the Sunrise Act (Sections 12-9A-l
				through
				12-9A-6,
				NMSA 1978, 1993 Supplement).
B.
				"Applicant Group" is any business or professional group or organization, any
				individual, or any other interested party who submits a completed application
				for sunrise review to the Manager.
C. "Committee" is the Legislative Finance
				Committee of the State of New Mexico.
D. "Department" is the Regulation and
				Licensing Department of the State of New Mexico.
E. "Manager" is the Sunrise Program Manager
				of the Regulation and Licensing Department of the State of New
				Mexico.
F. "Sunrise Review" is the
				process by which a determination is made regarding the necessity for State
				regulation of an occupation or profession.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 2 - SUNRISE PROGRAM › Section 16.1.2.8 - FUNDING OF SUNRISE PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. To
				implement the provisions of the Act, the Department was granted authority to
				assess costs of the sunrise program among boards covered by the Uniform
				Licensing Act (Sections
				61-1-1
				through
				61-1-31,
				NMSA 1978).
B. The Department shall
				submit an annual budget request for the costs of the sunrise program. Funding
				shall be approved by the legislature as part of the General Appropriations Act.
				The Department shall assess annually each board covered by the Uniform
				Licensing Act a proportionate share, based upon its budget, for the costs of
				the sunrise program.
C. The
				Department shall return proportionately to the contributing boards any of their
				contributed funds that are unexpended by the sunrise program at the end of the
				fiscal year.
D. The Department
				shall deposit to the funds of the sunrise program all application fees paid by
				Applicant Groups. Such application fees shall be used to pay part of the costs
				of the sunrise program, thereby reducing proportionately the contribution of
				each of the boards for the costs of the sunrise program.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 2 - SUNRISE PROGRAM › Section 16.1.2.10 - PROCEDURE FOR SUNRISE REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The Applicant Group first shall submit a letter of intent to the Manager,
				declaring its interest in becoming regulated by the State of New Mexico and its
				desire to begin the sunrise review process. The letter of intent shall be
				delivered to: Sunrise Program Manager, Regulation and Licensing Department,
				State of New Mexico, Post Office Box 25101, 725 St. Michaels Drive, Santa Fe,
				New Mexico 87504
B. Upon receipt of
				the letter of intent, the Manager shall contact the Applicant Group to arrange
				for a meeting to discuss the application requirements set forth in these rules
				and regulations and in the Applicant Group Questionnaire; if, for any reason,
				the Applicant Group's representative(s) cannot attend such a meeting, the
				Manager shall send to the Applicant Group a copy of these rules and regulations
				and an Applicant Group Questionnaire.
C. Upon request by the Applicant Group, the
				Manager will review a draft of the application and recommendchanges as
				necessary. The Applicant Group, however, is the final authority on the contents
				of the application.
D. The
				Applicant Group shall submit its completed application to the Manager at the
				address set forth in paragraph "A" above.
E. An application fee of one thousand dollars
				($1,000.00) must accompany the completed Questionnaire. The check or money
				order in payment of such fee shall be made payable to "Regulation and Licensing
				Department".
F. Within ten (10)
				working days of the Manager's receipt of the application from an Applicant
				Group:
(1) If the application is complete,
				the Manager shall send a letter of acceptance to the Applicant Group stating
				its proposal has been accepted for sunrise review; or
(2) If the application is not complete, the
				Manager shall send a letter to the Applicant Group stating specifically what
				additional information is necessary.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 2 - SUNRISE PROGRAM › Section 16.1.2.11 - REAPPLICATION FOR SUNRISE REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				If the Committee does not recommend creation of a new board or commission to
				license or regulate a profession or occupation, the Applicant Group may reapply
				for a sunrise review after the expiration of one (1) year from the date of the
				Committee's decision.
B.
				Notwithstanding the time limitation of paragraph "A" above, in the event of
				extreme or compelling circumstances or clear evidence of harm or endangerment
				to the health, safety or welfare of the public, the Applicant Group may reapply
				for sunrise review at any time.
C.
				When reapplying for sunrise review, the Applicant Group shall follow the
				procedure for sunrise review as set out in Section 201.00 of these rules and
				regulations.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 2 - SUNRISE PROGRAM › Section 16.1.2.12 - APPLICATION FEE

Current through Register Vol. 35, No. 13, July 16, 2024
The application fee shall be one thousand dollars ($1,000.00)
				  for any Applicant Group seeking State regulation of a profession or occupation
				  through creation of a new board or commission.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 2 - SUNRISE PROGRAM › Section 16.1.2.13 - MISCELLANEOUS FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The fee for
				photocopies of documents shall be twenty-five cents ($0.25) per page.
B. The fee for certified copies of documents
				shall be fifty cents ($0.50) per page.
C. The fee for any check which fails to clear
				the bank or is returned unpaid for any reason shall be twenty dollars
				($20.00).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 1 - OCCUPATIONAL AND PROFESSIONAL LICENSING GENERAL PROVISIONS › Part 2 - SUNRISE PROGRAM › Section 16.1.2.14 - SEVERABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If any part of the application of these rules and regulations
				  is held invalid, the remainder of its application to other situations, groups
				  or persons shall not be affected.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.2.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Board of Acupuncture and Oriental
				  Medicine.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.2.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed doctors of oriental medicine, applicants,
				  temporary licensees, applicants for temporary licensure, doctors of oriental
				  medicine certified for expanded practice and applicants for certification,
				  educational courses, externs, auricular detoxification specialists, educational
				  programs and applicants for approval of educational programs.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.2.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is promulgated pursuant to the Acupuncture and
				  Oriental Medicine Practice Act, Sections
				  61-14A-1,
				  2, 3, 7, 8, 8.1, 14.1 and 9, NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.2.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 11, 2022 unless a later date is cited at the end of
				  a section or paragraph.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.2.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part provides definitions for terms used in the rules
				  in addition to those definitions in the Act, lists the board's duties,
				  clarifies what are not public records, provides for inspection of the board's
				  public records, and provides for telephone conferences.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.2.1.8 - BOARD DUTIES

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to its duties described in the act, the board
				  shall:
A. Keep a file of all approved
				educational programs.
B. Issue
				certificates of approval of educational programs.
C. Delegate its ministerial duties if it so
				chooses.
D. Notify the governor
				when any board member has missed three consecutive meetings.
E. Elect a chairperson and a vice-chairperson
				at the first board meeting after January first each year.
F. The board shall perform such other duties
				and shall exercise such other powers as may be conferred upon it by statute, or
				as may be reasonably implied from such statutory powers and duties and as may
				be reasonably necessary in the performance of its responsibilities under the
				act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.2.1.9 - PUBLIC RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
All records kept by the board shall be available for public
				  inspection pursuant to the New Mexico Inspection of Public Records Act, Section
				  14-2-1,
				  NMSA 1978, et seq., except as provided herein.
A. During the course of the processing and
				investigation of a complaint, and before the vote of the board as to whether to
				dismiss the complaint or to issue a notice of contemplated action as provided
				in the Uniform Licensing Act, Section
				61-1-1,
				NMSA 1978, et seq., and in order to preserve the integrity of the investigation
				of the complaint, records and documents that reveal confidential sources,
				methods, information or licensees accused, but not charged yet with a violation
				of the act, shall be confidential and shall not be subject to public
				inspection. Such records shall include evidence in any form received or
				compiled in connection with any such investigation of the complaint or of the
				licensee by or on behalf of the board by any investigating agent or
				agency.
B. Upon the completion of
				the processing and investigation of the complaint, and upon the decision of the
				board to dismiss the complaint or to issue a notice of contemplated action, the
				confidentiality privilege conferred by Subsection A of 16.2.1.9 NMAC shall
				dissolve, and the records, documents or other evidence pertaining to the
				complaint and to the investigation of the complaint shall be available for
				public inspection.
C. All tests and
				test questions by which applicants are tested shall not be available to public
				inspection, as there is a countervailing public policy requiring that such
				records remain confidential in order to ensure the integrity of a licensing
				exam intended to protect the public health, safety and welfare from incompetent
				practitioners.
D. The board or its
				administrator may charge a fee not to exceed one dollar per page for documents
				11 inches by 17 inches or smaller in size for copying public records.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.2.1.10 - TELEPHONE CONFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the provisions of the Open Meetings Act, Section
				  10-15-1.C,
				  NMSA 1978, as amended, board members may participate in a meeting of the board
				  by means of a conference telephone or similar communications equipment when it
				  is otherwise difficult or impossible for the member to attend the meeting in
				  person, provided that each board member participating by conference telephone
				  can be identified when speaking, all participants are able to hear each other
				  at the same time and members of the public attending the meeting must be able
				  to hear any member of the board who speaks during the meeting. Participation of
				  a board member by such means shall constitute presence in person at the
				  meeting.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 1 - GENERAL PROVISIONS › Section 16.2.1.11 - DISASTER OR EMERGENCY PROVISION

Current through Register Vol. 35, No. 13, July 16, 2024
Doctors of oriental medicine, educational programs and
				  auricular detoxification specialists currently licensed and in good standing or
				  otherwise meeting the requirements for New Mexico licensure in a state which a
				  federal disaster has been declared may apply for licensure in New Mexico under
				  16.2.1.11 NMAC during the four months following the declared disaster. The
				  application for emergency provisional licensure shall be made to the board and
				  shall include:
A. an application under
				this provision shall be made to the board that is complete and in English on a
				form provided by the board that shall include the applicant's name, address,
				date of birth and social security number accompanied by proof of identity,
				which may include a copy of drivers license, passport or other photo
				identification issued by a governmental entity; and the applicants signature on
				the affidavit made part of the application form;
B. an affidavit attesting to the consequences
				suffered by the applicant as a result of the federal disaster;
C. evidence of completion of requirements
				specified in 16.2.3, 16.2.4, 16.2.7, 16.2.10, and 16.2.16 NMAC; if the
				applicant is unable to obtain documentation from the federal declared disaster
				area or as a result of the declared federal disaster the board may accept other
				documentation in lieu of the forms required under 16.2.3, 16.2.4, 16.2.7,
				16.2.10, and 16.2.16 NMAC; the board reserves the right to request additional
				documentation, including but not limited to, recommendation forms and work
				experience verification forms prior to approving licensure;
D. exceptions may be made for good
				cause;
E. an affidavit certifying
				that all the documents submitted with the application are true and accurate or
				are faithful copies of the original;
F. nothing in this section shall constitute a
				waiver of the requirements for licensure contained in 16.2.3, 16.2.4, 16.2.7,
				16.2.10, and 16.2.16 NMAC; and
G.
				the applicant is responsible for reading, understanding and complying with the
				state of New Mexico laws and rules regarding this application as well as the
				practice of acupuncture and oriental medicine.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 2 - SCOPE OF PRACTICE › Section 16.2.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Board of Acupuncture and Oriental
				  Medicine.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 2 - SCOPE OF PRACTICE › Section 16.2.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed doctors of oriental medicine, all licensed
				  doctors of oriental medicine certified for expanded practice as defined in
				  16.2.19 NMAC, temporary licensees engaging in only those activities authorized
				  on the temporary license, externs engaging in only those activities authorized
				  by the externship and students enrolled in an educational program in
				  acupuncture and oriental medicine approved by the board working under the
				  direct supervision of a teacher at the approved educational program as part of
				  the educational program in which they are enrolled.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 2 - SCOPE OF PRACTICE › Section 16.2.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is promulgated pursuant to the Acupuncture and
				  Oriental Medicine Practice Act, Sections
				  61-14A-3,
				  4, 6, 8 and 8.1 NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 2 - SCOPE OF PRACTICE › Section 16.2.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
02-15-05,
				unless a later date is cited at the end of a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 2 - SCOPE OF PRACTICE › Section 16.2.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part clarifies the scope of practice of doctors of
				  oriental medicine, temporary licensees, externs and students and doctors of
				  oriental medicine certified for expanded practice.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 2 - SCOPE OF PRACTICE › Section 16.2.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Refer to definitions in
				  16.2.1.7
				  NMAC (Section 7 of Part 1 of the rules).
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 2 - SCOPE OF PRACTICE › Section 16.2.2.8 - SCOPE OF PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Section
				  61-14A-3
				  NMSA 1978, the practice of oriental medicine in New Mexico is a distinct system
				  of primary health care with the goal of prevention, cure, or correction of any
				  disease, illness, injury, pain or other physical or mental condition by
				  controlling and regulating the flow and balance of energy, form and function to
				  restore and maintain health. Oriental medicine includes all traditional and
				  modern diagnostic, prescriptive and therapeutic methods utilized by
				  practitioners of acupuncture and oriental medicine. The scope of practice of
				  doctors of oriental medicine shall include but is not limited to:
A. evaluation, management and treatment
				services;
B. diagnostic
				examination, testing and procedures;
C. the ordering of diagnostic imaging
				procedures and laboratory or other diagnostic tests;
D. the surgical procedures of acupuncture and
				other related procedures;
E. the
				stimulation of points, areas of the body or substances in the body using qi,
				needles, heat, cold, color, light, infrared and ultraviolet, lasers, sound,
				vibration, pressure, magnetism, electricity, electromagnetic energy, bleeding,
				suction, or other devices or means;
F. physical medicine modalities, procedures
				and devices;
G. therapeutic
				exercises, qi exercises, breathing techniques, meditation, and the use of
				biofeedback devices and other devices that utilize heat, cold, color, light,
				infrared and ultraviolet, lasers, sound, vibration, pressure, magnetism,
				electricity, electromagnetic energy and other means therapeutically;
H. dietary and nutritional counseling and the
				prescription or administration of food, beverages and dietary supplements
				therapeutically;
I. counseling and
				education regarding physical, emotional and spiritual balance in
				lifestyle;
J. prescribing,
				administering, combining, providing, compounding and dispensing any
				non-injectable herbal medicine, homeopathic medicines, vitamins, minerals,
				enzymes, glandular products, natural substances, protomorphogens, live cell
				products, amino acids, dietary and nutritional supplements; cosmetics as they
				are defined in the New Mexico Drug, Device and Cosmetic Act and nonprescription
				drugs as they are defined in the Pharmacy Act;
K. the prescription or administration of
				devices, restricted devices and prescription devices as defined in the New
				Mexico Drug, Device and Cosmetic Act (Section
				26-1-1
				NMSA 1978) by a doctor of oriental medicine who meets the requirements of
				16.2.2.9 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 2 - SCOPE OF PRACTICE › Section 16.2.2.9 - DEVICES, RESTRICTED DEVICES AND PRESCRIPTION DEVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The board determines that devices, restricted devices and
				  prescription devices as defined in the New Mexico Drug, Device and Cosmetic Act
				  (Section
				  26-1-1
				  NMSA 1978) are necessary in the practice of oriental medicine. Doctors of
				  oriental medicine who have the training recommended by the manufacturer of the
				  device shall be authorized to prescribe, administer or dispense the
				  device.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 2 - SCOPE OF PRACTICE › Section 16.2.2.10 - SCOPE OF PRACTICE FOR EXPANDED PRACTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to the scope of practice for a
				licensed New Mexico doctor of oriental medicine, the scope of practice for
				those certified in expanded practice shall include certification in any or all
				of the following modules: basic injection therapy, injection therapy,
				intravenous therapy and bioidentical hormone therapy. practitioners previously
				certified as Rx1 extended prescriptive authority, will be certified for basic
				injection therapy and practitioners previously certified as Rx2 expanded
				prescriptive authority, will be certified for injection therapy, intravenous
				therapy and bioidentical hormone therapy.
B. The expanded practice 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
				(26-1-1 NMSA 1978) and
				nonprescription drugs as they are defined in the Pharmacy Act (61-11-1
				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 (30-31-1 NMSA 1978) or
				the Pharmacy Act:
(a) sterile
				water;
(b) sterile
				saline;
(c) sarapin or its
				generic;
(d) caffeine;
(e) procaine;
(f) oxygen;
(g) epinephrine;
(h) vapocoolants;
(i) bioidentical hormones; and
(j) biological products, including
				therapeutic serum.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 2 - SCOPE OF PRACTICE › Section 16.2.2.12 - PRESCRIPTION PADS

Current through Register Vol. 35, No. 13, July 16, 2024
A doctor of oriental medicine, when prescribing, shall use
				  prescription pads imprinted with his name, address, telephone number and
				  license number. If a doctor of oriental medicine is using a prescription pad
				  printed with the names of more than one doctor of oriental medicine, each
				  doctor of oriental medicine shall have a separate signature line indicating the
				  name and license number. Each specific prescription shall indicate the name of
				  the doctor of oriental medicine for that prescription.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 3 - APPLICATION FOR LICENSURE › Section 16.2.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Board of Acupuncture and Oriental
				  Medicine.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 3 - APPLICATION FOR LICENSURE › Section 16.2.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This part is promulgated pursuant to the Acupuncture and
				  Oriental Medicine Practice Act, Sections
				  61-14A-4,
				  6, 8, 9 and 10, NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 3 - APPLICATION FOR LICENSURE › Section 16.2.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 11, 2022, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 3 - APPLICATION FOR LICENSURE › Section 16.2.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part lists the requirements that an applicant must
				  fulfill in order to apply for licensure as a doctor of oriental
				  medicine.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 3 - APPLICATION FOR LICENSURE › Section 16.2.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Refer to definitions in
				  16.2.1.7
				  NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 3 - APPLICATION FOR LICENSURE › Section 16.2.3.8 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				applicant who has been subject to any action or proceeding comprehended by
				Subsection A of 16.2.3.8 NMAC may be subject to disciplinary action, including
				denial, suspension or revocation of licensure, pursuant to the provisions of
				Section
				61-14A-17
				NMSA 1978; and subject to the Uniform Licensing Act, Section
				61-1-1
				NMSA 1978, et seq., and subject to the Criminal Offender Employment Act,
				Section
				28-2-1
				NMSA 1978, et seq.
B. Any applicant
				who provides the board with false information or makes a false statement to the
				board may be subject to disciplinary action, including denial, suspension or
				revocation of licensure, pursuant to the provisions of Section
				61-14A-17
				NMSA 1978, and to the Uniform Licensing Act, Section
				61-1-1
				NMSA 1978, et seq.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 3 - APPLICATION FOR LICENSURE › Section 16.2.3.9 - EDUCATIONAL PROGRAM REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Every applicant shall provide satisfactory proof that he
				  completed a board approved educational program as defined in 61-14A-14 NMSA
				  1978 of the act and 16.2.7 NMAC. If the educational program is no longer in
				  existence, or if the applicant's records are not available 2 for good cause,
				  the applicant shall submit an affidavit so stating and shall identify the
				  educational program, and shall provide the address, dates of enrollment, and
				  curriculum completed, along with such other information and documents as the
				  board shall deem necessary. The board, in its sole and sound discretion, may
				  accept or reject as adequate and sufficient such evidence presented in lieu of
				  the records otherwise required.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 3 - APPLICATION FOR LICENSURE › Section 16.2.3.10 - CRIMINAL CONVICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Convictions for any of the following offenses, or their
				  equivalents in any other jurisdiction, are disqualifying criminal convictions
				  that may disqualify an applicant from receiving or retaining a license,
				  including temporary licenses and auricular detoxification specialist
				  certificates, issued by the board:
A.
				homicide;
B. aggravated assault,
				aggravated battery, kidnapping, false imprisonment, human trafficking, or other
				crimes of violence against persons;
C. robbery, larceny, burglary, extortion,
				receiving stolen property, possession of burglary tools, unlawful taking of a
				motor vehicle, or other crimes involving theft or appropriation of personal
				property or funds;
D. rape,
				criminal sexual penetration, criminal sexual contact, incest, indecent
				exposure, child solicitation, or other crimes constituting sexual
				offenses;
E. driving under the
				influence of intoxicating liquor or drugs within the five years prior to the
				date of application;
F. trafficking
				controlled substances, specifically excluding cannabis or cannabis-derived
				products, within the five years prior to the date of application;
G. crimes involving child abuse or
				neglect;
H. fraud, forgery, money
				laundering, embezzlement, credit card fraud, counterfeiting, financial
				exploitation, or other crimes of altering any instrument affecting the rights
				or obligations of another;
I.
				making a false statement under oath or in any official document;
J. an attempt, solicitation or conspiracy
				involving any of the felonies in this subsection.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 3 - APPLICATION FOR LICENSURE › Section 16.2.3.11 - INITIAL LICENSURE APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon approval of an application for licensure that fulfills
				  the requirements listed below, the board shall issue a license that will be
				  valid until July 31 following the initial licensure, except that licenses
				  initially issued after May 1 will not expire until July 31 of the next renewal
				  period as defined in
				  16.2.8.9 NMAC;
				  the application requirements for a license shall be receipt of the following by
				  the board:
A. the fee for application
				for licensure specified in 16.2.10 NMAC;
B. an application for licensure that is
				complete and in English on a form provided by the board that shall include the
				applicant's name, address, date of birth and social security number, if
				available;
C. two passport-type
				photographs of the applicant taken not more than six months prior to the
				submission of the application;
D.
				an affidavit as provided on the "initial licensure application" as to whether
				the applicant:
(1) has been subject to any
				disciplinary action in any jurisdiction related to the practice of acupuncture
				and oriental medicine, or related to any other profession including other
				health care professions for which the applicant is licensed, certified,
				registered or legally recognized to practice including resignation from
				practice, withdrawal or surrender of applicants license, certificate or
				registration during the pendency of disciplinary proceedings or investigation
				for potential disciplinary proceedings;
(2) has been a party to litigation in any
				jurisdiction related to the applicants practice of acupuncture and oriental
				medicine, or related to any other profession including other health care
				professions for which the applicant is licensed, certified, registered or
				legally recognized to practice;
(3)
				is in arrears on a court-ordered child support payment; or
(4) has violated any provision of the act or
				the rules;
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 3 - APPLICATION FOR LICENSURE › Section 16.2.3.12 - EXAMINATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The examination requirements specified in 16.2.4 NMAC shall
				  be received at the board office within 12 months of the receipt of the initial
				  application at the board office, with the exception of the national
				  certification commission for acupuncture and oriental medicine (NCCAOM) score
				  requirements which need to be submitted to the board office within 24 months of
				  the initial application.