reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 13 - COMPLAINT AND DISCIPLINARY PROCEDURES › Section 16.2.13.9 - PROCEDURES FOR PROCESSING A COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The board's administrator, or any member
				of the board who may be appointed by the board's chairperson, will act as the
				complaint manager for the procedures outlined below.
B. Upon receipt of a written signed
				complaint, or upon the board's action initiated by a majority vote of the board
				which is reduced to a written statement based on reasonable ground to believe
				that the Act or Rules may have been or are being violated, the complaint
				manager shall:
(1) Log in the date of receipt
				of the initial complaint.
(2)
				Determine whether the respondent is a applicant, temporary licensee, applicant
				for temporary licensure, extern, extern applicant, educational program, or
				applicant for approval of an educational program.
(3) Assign a complaint number and create an
				individual file. Complaint numbering shall begin with the last two digits of
				the year in which the complaint is filed, and shall then continue sequentially
				(e.g., 95-001).
(4) Forward the
				complaint to the complaint committee chairperson.
(5) Within seven (7) working days of receipt
				of the written complaint, send written acknowledgment of receipt of the
				complaint to the complainant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 13 - COMPLAINT AND DISCIPLINARY PROCEDURES › Section 16.2.13.10 - REVIEW BY THE COMPLAINT COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The complaint committee chairperson and
				complaint manager will comprise the complaint committee, and will review all
				written, signed complaints filed against a respondent. The complaint committee
				shall provide the respondent with a copy of the complaint within thirty (30)
				days of receipt of the complaint, unless the complaint committee reasonably
				determines that disclosure of the complaint at that time will substantially and
				materially impair the integrity or efficacy of the investigation. Nondisclosure
				at the initial stage of the complaint process shall be the exception, rather
				than the rule.
B. The respondent
				shall file a written response to the complaint that shall be received in the
				board's office within thirty days of the postmarked date on which complaint
				notice was mailed to the respondent, and shall be advised that he or she is
				required to provide all documents and exhibits in support of his or her
				position, unless it has been determined that disclosure of the complaint will
				substantially and materially impair the integrity or efficacy of the
				investigation, pursuant to Subsection A of 16.2.13.10.A NMAC (Subsection
				10.A.of Part 13 of the Rules), in which case the investigation shall proceed
				without notice to the respondent at the initial stage.
C. If the complaint committee has determined
				that it is in the best interest of the investigation to withhold disclosure of
				the complaint during the initial stage of the investigation, pursuant to
				Subsection A of 16.2.13.10.A NMAC (Subsection 10.A.of Part 13 of the Rules), a
				copy of the complaint shall be provided to the respondent no later than at the
				time of the issuance of an NCA, if any.
D. If the complaint committee determines that
				further information is needed, it may issue investigative subpoenas, or employ
				an investigator, expert, or other person whose services are determined to be
				necessary in order to assist in the processing and investigation of the
				complaint.
E. Upon completion of
				the investigation, the complaint committee will present a summary of the case
				to the board, and will make recommendations for action. The summary shall not
				identify any of the parties by name.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 13 - COMPLAINT AND DISCIPLINARY PROCEDURES › Section 16.2.13.11 - REVIEW BY THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				complaint committee shall present its report and recommendation(s) to the
				board. The matter shall be referred to only by the assigned case number, and
				the identities of the parties shall not be disclosed to the board until and
				unless an NCA is issued. The complaint committee's report shall address issues
				regarding the statute of limitations and the board's subject matter
				jurisdiction.
B. After the
				complaint committee's report has been considered by the board, if the board
				determines there is not sufficient evidence or cause to issue an NCA, the case
				will be closed. A letter from the board will be sent, postmarked within thirty
				(30) days of the date of the board's decision, to both the complainant and
				respondent. The letter will state the board's action and the reasons for its
				decision.
C. After the complaint
				committee's report has been considered by the board, the board may vote to
				issue an NCA if it determines there is sufficient evidence that, if not
				rebutted or explained, will justify the board taking disciplinary
				action.
D. If the board votes to
				issue an NCA, a complete copy of the complaint committee's file, including
				exhibits, shall be forwarded to the attorney general's office for assignment of
				a prosecuting attorney and the Attorney General's decision as to whether there
				is a sufficient basis to prosecute.
E. At any time the board may enter into a
				settlement agreement with the respondent as a means of resolving a complaint.
				Any proposed settlement agreement must be approved by the board and by the
				respondent upon a knowing and intentional waiver by the respondent of his or
				her right to a hearing as provided by the Uniform Licensing Act, NMSA 1978,
				Section
				61-1-1, et
				seq.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 13 - COMPLAINT AND DISCIPLINARY PROCEDURES › Section 16.2.13.12 - DISCIPLINARY PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				chairperson of the board, or his or her designee, shall serve as chief officer
				for the disciplinary proceedings for the purpose of administering pre-hearing
				procedural matters. The chief officer shall be fully authorized to rule on
				non-dispositive matters on behalf of the full board, including, but not limited
				to matters related to discovery, continuances, time extensions, amendments,
				pre-hearing conferences, issuance of subpoenas, uncontested motions to change
				venue, motions to excuse a member filed pursuant to Section 61-1-7(C) NMSA
				1978, and discovery and briefing schedules.
B. No party shall engage in ex-parte
				communications with the chief officer or any member of the board in any pending
				matter under investigation or in which an NCA has been issued.
C. All disciplinary proceedings shall be
				conducted in accordance with the Uniform Licensing Act.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 14 - EXTERNSHIPS › Section 16.2.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All licensed Doctors of Oriental Medicine, Applicants,
				  Externship Supervisor applicants, Externship Supervisors, Extern applicants,
				  and Externs.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 14 - EXTERNSHIPS › Section 16.2.14.3 - 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-8,
				  61-14A-9
				  and
				  61-14A-14.1
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 14 - EXTERNSHIPS › Section 16.2.14.5 - 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 14 - EXTERNSHIPS › Section 16.2.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of an externship is to provide recent graduates
				  the opportunity to practice under supervision while preparing for licensure.
				  This part establishes the requirements regarding the education and
				  certification for an extern, scope of practice of an extern, the requirements
				  for an externship supervisor, issuance of an externship supervisor
				  registration, fees, change of externship supervisor, the expiration on an
				  extern certification, the revocation of an externship supervisor registration
				  or extern certification, and the grounds for denial, suspension or revocation
				  of the externship supervisor's license or extern's potential
				  license.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 14 - EXTERNSHIPS › Section 16.2.14.7 - 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 14 - EXTERNSHIPS › Section 16.2.14.8 - GENERAL REQUIREMENTS FOR EXTERNS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An extern applicant who has been subject
				to any action or proceeding described in Subsection C of
				16.2.14.10
				NMAC or who has violated the Act or the rules, 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, and subject to the Criminal Offender Employment Act, Section
				28-2-1
				NMSA 1978.
B. An 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 the Act, Section
				61-14A-17
				NMSA 1978, and the Uniform Licensing Act, Section
				61-1-1
				NMSA 1978; and
C. An extern
				applicant must be an applicant for licensure.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 14 - EXTERNSHIPS › Section 16.2.14.9 - EDUCATIONAL AND EXAMINATION REQUIREMENTS FOR EXTERNS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An extern applicant shall provide
				satisfactory proof that he or she has completed a board approved educational
				program.
B. An extern applicant
				shall provide satisfactory proof from the national certification commission for
				acupuncture and oriental medicine that he or she has successfully passed the
				following:
(1) the national certification
				commission for acupuncture and oriental medicine foundations of oriental
				medicine module; and
(2) the
				national certification commission for acupuncture and oriental medicine
				approved clean needle technique course; and
(3) the national certification commission for
				acupuncture and oriental medicine point location module.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 14 - EXTERNSHIPS › Section 16.2.14.10 - EXTERN CERTIFICATION APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon approval of an application for extern certification
				  that fulfills the requirements listed below, the board shall issue an extern
				  certification. In the interim between regular board meetings, whenever a
				  qualified applicant for extern certification has filed his or her application
				  and complied with all other requirements of this section, the board's chairman
				  or an authorized representative of the board may grant an interim temporary
				  extern certification that will suffice until the next regular meeting of the
				  board. In no event shall the applicant begin the practice of acupuncture and
				  oriental medicine until the extern certification or interim temporary extern
				  certification is issued by the board. The application requirements for extern
				  certification shall be receipt of the following by the board:
A. the fee for application for extern
				certification specified in 16.2.10 NMAC;
B. an application for extern certification
				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. an
				affidavit as provided on the "extern certification 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 thependency of disciplinary proceedings or investigation
				for potential disciplinary proceedings; or
(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; or
(3) is in arrears on a court-ordered child
				support payment; or
(4) has
				violated any provision of the act or the rules; and
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 14 - EXTERNSHIPS › Section 16.2.14.11 - REQUIREMENTS AND RESPONSIBILITIES OF EXTERNSHIP SUPERVISORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The externship
				supervisor shall:
(1) provide a clinical
				environment where the extern is able to further his or her knowledge and apply
				acupuncture and oriental medicine theory and techniques; and
(2) directly supervise the extern on the
				premises of the treating facility at all times and be available for
				consultation, intervention, and decisions about patient care; and
(3) supervise no more than two externs at any
				given time and have no more than a total of two externs in his or her overall
				externship program at a time; and
(4) inform patients with a written signed
				consent form outlining the responsibility of the extern and the scope and
				limits of practice; and
(5)
				prescribe all herbal, nutritional, homeopathic and any natural substances. Any
				recommendations of these substances by the extern must by signed by the
				externship supervisor; and
(6)
				approve the diagnosis and treatment plan and oversee the techniques of oriental
				medicine and delivery of patient care; and
(7) notify the board in writing, within five
				days working days, when the extern enters into an extern supervisory contract
				with the externship supervisor or terminates the externship
				participation.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 14 - EXTERNSHIPS › Section 16.2.14.13 - CHANGE OF EXTERNSHIP SUPERVISOR

Current through Register Vol. 35, No. 13, July 16, 2024
If the externship relationship terminates before the
				  expiration of the extern certification, the extern may reapply to be supervised
				  by another externship supervisor by filing the appropriate forms required by
				  the board. The extern certification time limit of 12 months shall remain the
				  same and shall not be extended.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 14 - EXTERNSHIPS › Section 16.2.14.14 - SCOPE OF PRACTICE OF AN EXTERN

Current through Register Vol. 35, No. 13, July 16, 2024
The scope of practice of an Extern shall be limited to the
				  practice of acupuncture and oriental medicine as defined in the Act and 16.2.2
				  NMAC, except that the Extern shall not prescribe or administer any herbal,
				  nutritional, homeopathic or any other medicines or substances. When diagnosing
				  and treating a patient, the Extern shall practice only within the limits of his
				  or her education and training. The Extern shall possess and apply the
				  knowledge, and use the skill and care ordinarily used by reasonably
				  well-qualified Doctors of Oriental Medicine practicing under similar
				  circumstances, giving due consideration to their limited clinical
				  experience.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 14 - EXTERNSHIPS › Section 16.2.14.15 - COMPENSATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any compensation contract is solely between the Externship
				  Supervisor and the Extern and is not the province of the
				  Board.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 14 - EXTERNSHIPS › Section 16.2.14.16 - EXTERN LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In no event shall an extern practice under extern
				  certification(s) for more than a total of 12 months or after failing the
				  board's clinical skills examination more than once. The extern certification is
				  not renewable. Exceptions for good cause shall not apply to the extern
				  certification.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 14 - EXTERNSHIPS › Section 16.2.14.17 - EXPIRATION OF AN EXTERN CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
An Extern certification shall expire automatically 12 months
				  after the date of issuance unless the certificate expires sooner for any of the
				  following reasons:
A. Upon
				licensure;
B. If the Extern fails
				the Board's Clinical Skills Examination more than once; or
C. If the Extern is no longer under the
				supervision of the Externship Supervisor.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 14 - EXTERNSHIPS › Section 16.2.14.18 - GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF LICENSE, CERTIFICATION OR REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
The Board may refuse to issue, or may suspend, or revoke any
				  license, Extern certification or Externship Supervisor registration in
				  accordance with the Uniform Licensing Act, 61-1-1 to 61-1-31 NMSA 1978, for
				  reasons authorized in section
				  61-14A-17
				  NMSA 1978 of the Act and clarified in 16.2.12 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 14 - EXTERNSHIPS › Section 16.2.14.19 - EXTERN SUPERVISOR CONFLICT OF INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
The externship supervisor shall not be a member of the
				  extern's family or a member of the extern's household. "Member of the extern's
				  family" means a spouse, child, stepchild, grandchild, parent, grandparent,
				  sibling, uncle, aunt, niece, or nephew, or other relative by blood, marriage,
				  or legal process with whom the supervisor has or has had a close familial
				  relationship. The supervisor shall not have a conflict of interest with the
				  extern, such as a past or present familial, social, fiduciary, business,
				  financial, or physician-patient relationship, that impairs or compromises or
				  appears to impair or compromise the supervisor's neutrality, independence, or
				  objectivity. If a conflict of interest arises during the supervision, the
				  supervisor shall immediately report the conflict of interest to the board and
				  shall cease supervision of the extern.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 15 - INACTIVE LICENSE › Section 16.2.15.3 - 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-8,
				  9 and 15, NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 15 - INACTIVE LICENSE › Section 16.2.15.5 - 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 15 - INACTIVE LICENSE › Section 16.2.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This part defines the requirements for renewal of licenses
				  and the procedures to place an active license on inactive status or to
				  reinstate the license to active status.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 15 - INACTIVE LICENSE › Section 16.2.15.7 - 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 15 - INACTIVE LICENSE › Section 16.2.15.8 - INACTIVE LICENSE GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A licensee in good standing is eligible to have his or her
				  license placed on inactive status. A licensee who failed to renew his or her
				  license by July 31st shall renew the license in accordance with the provisions
				  of
				  16.2.8.10
				  NMAC,
				  16.2.8.11
				  NMAC and
				  16.2.8.12 NMAC
				  before the licensee can apply for an inactive license.
A. The board will not accept an inactive
				license application from a licensee who is under investigation for violations
				of the act or who has an active complaint pending before the board with the
				exception of an impaired licensee who is participating in a rehabilitation plan
				approved by the board. Impaired means the inability to practice acupuncture and
				oriental medicine with reasonable skill and safety to patients as a result of
				mental illness or habitual or excessive use or abuse of alcohol or drugs as
				defined in the Controlled Substances Act, Sections
				30-31-1
				NMSA 1978 et seq.,
B. An inactive
				licensee shall not practice acupuncture and oriental medicine, as defined in
				the act, in New Mexico. An inactive licensee shall not represent himself or
				herself as a doctor of oriental medicine in public statements that include, but
				are not limited to, paid or unpaid advertising, brochures, printed or copied
				materials, electronic or digital media, directory listings, personal resumes or
				curricula vitae, business cards, interviews or comments for use in media,
				statements in legal proceedings, lectures and public presentations. An inactive
				licensee shall not teach acupuncture and oriental medicine at an educational
				program.
C. Providing or offering
				to provide oriental medical services, engaging in the practice of acupuncture
				and oriental medicine or teaching acupuncture and oriental medicine at an
				educational program by an inactive licensee shall be grounds for disciplinary
				action by the board for unprofessional conduct and potentially for other
				appropriate reasons pursuant to Section
				61-14A-17
				NMSA 1978 of the Act and 16.2.12 NMAC.
D. An inactive licensee shall comply with the
				disciplinary requirements of Section
				61-14A-17
				NMSA 1978 of the act and 16.2.12 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 15 - INACTIVE LICENSE › Section 16.2.15.9 - INACTIVE LICENSE APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A licensee in good standing may apply to have his or her
				  license placed on inactive status. Upon approval of an application for an
				  inactive license that fulfills the requirements listed below, the board shall
				  place the license on inactive status. The application requirements for an
				  inactive license shall be receipt of the following by the board:
A. the administrative fee for inactive
				license application specified in 16.2.10 NMAC paid by check or money order in
				U.S. funds; and
B. an inactive
				license application 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;
C. an
				affidavit provided on the inactive license application form as to whether the
				applicant since last renewing his or her license with the board:
(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; or
(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; or
(3) is in arrears on a court-ordered child
				support payment; or
(4) has
				violated any provision of the act or the rules; and
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 15 - INACTIVE LICENSE › Section 16.2.15.10 - INACTIVE LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
An inactive license shall be renewed by July 31st of every
				  year. Upon approval of an application for inactive license renewal that
				  fulfills the requirements listed below, the board shall renew the inactive
				  license. The application requirements for inactive license renewal shall be
				  receipt of the following by the board:
A. the administrative fee for inactive
				license renewal specified in 16.2.10 NMAC paid by check or money order in U.S.
				funds, or by credit card in U.S. funds if using the board's online renewal
				process; and
B. an inactive license
				application 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;
C. an affidavit as
				provided on the inactive license renewal form stating that the applicant
				understands that:
(1) the applicant must
				notify the board within ten days if the applicant's address changes;
				and
(2) an inactive license shall
				expire after 15 years; and
(3) an
				inactive license must be renewed annually.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 15 - INACTIVE LICENSE › Section 16.2.15.11 - INACTIVE LICENSE EXPIRATION

Current through Register Vol. 35, No. 13, July 16, 2024
An inactive license that is not renewed by September 30 shall
				  expire and the person shall reapply for licensure as a new
				  applicant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 15 - INACTIVE LICENSE › Section 16.2.15.12 - INACTIVE LICENSE REINSTATEMENT GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
An inactive licensee whose license has been inactive for
				  varying periods up to 15 years may apply to have the inactive license
				  reinstated. The following provisions apply:
A. applicants for inactive license
				reinstatement who has been subject to any action or proceeding comprehended by
				Subsection C of
				16.2.15.13
				NMAC may be subject to disciplinary action at any time, 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. applicants
				for inactive license reinstatement who provides the board with false
				information or makes a false statement to the board may be subject to
				disciplinary action at any time, including denial, suspension or revocation of
				licensure, pursuant to the provisions of Section
				61-14A-17
				NMSA 1978, and the Uniform Licensing Act, Section
				61-1-1
				NMSA 1978, et seq;
C. the board
				will not approve an inactive license reinstatement application from an inactive
				licensee who is under investigation for violations of the act or who has an
				active complaint pending before the board;
D. the board will not approve an inactive
				license reinstatement application from an impaired inactive licensee, or an
				impaired inactive licensee who is currently participating in a rehabilitation
				plan approved by the board until the rehabilitation plan is successfully
				completed. Impaired means the inability to practice acupuncture and oriental
				medicine with reasonable skill and safety to patients as a result of mental
				illness or habitual or excessive use or abuse of alcohol or drugs as defined in
				the Controlled Substances Act, Section
				30-31-1
				NMSA 1978 et seq.; and
E. once an
				inactive license has been reinstated, the licensee may not apply for inactive
				license status again for five years.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 15 - INACTIVE LICENSE › Section 16.2.15.13 - INACTIVE LICENSE REINSTATEMENT APPLICATION - 5 YEARS OR LESS

Current through Register Vol. 35, No. 13, July 16, 2024
An inactive licensee whose license has been inactive for
				  five years or less may apply to have their license reinstated. Upon approval of
				  an application for inactive license reinstatement that fulfills the
				  requirements listed below, the board shall reinstate the inactive license. The
				  application requirements for inactive license reinstatement shall be receipt of
				  the following by the board:
A. the
				administrative fee for inactive license reinstatement application specified in
				16.2.10 NMAC paid by check or money order in U.S. funds;
B. an inactive license reinstatement
				application 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;
C. an affidavit as
				provided on the inactive license reinstatement application form as to whether
				the applicant since last renewing his license with the board:
(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 15 - INACTIVE LICENSE › Section 16.2.15.14 - INACTIVE LICENSE REINSTATEMENT APPLICATION - FIVE TO TEN YEARS

Current through Register Vol. 35, No. 13, July 16, 2024
An inactive licensee whose license has been inactive for
				  more than five years and less than ten years may apply to have their inactive
				  license reinstated. Upon approval of an application for inactive license
				  reinstatement that fulfills the requirements listed below, the board shall
				  reinstate the inactive license. The application requirements for inactive
				  license reinstatement shall be receipt of the following by the board:
A. fulfillment of the requirements of
				16.2.15.13
				NMAC; and
B. either of the
				following:
(1) proof of clinical experience,
				as defined in
				16.2.1.7
				NMAC for at least two out of every three years in another jurisdiction were the
				inactive licensee was licensed, certified, registered or legally recognized to
				practice acupuncture and oriental medicine, while the license was on inactive
				status; or
(2) proof of completion
				of 300 hours of clinical experience as an extern supervised by an externship
				supervisor as part of an externship as provided in 16.2.14 NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 15 - INACTIVE LICENSE › Section 16.2.15.15 - INACTIVE LICENSE REINSTATEMENT APPLICATION - MORE THAN 10 YEARS

Current through Register Vol. 35, No. 13, July 16, 2024
An inactive licensee whose license has been inactive for
				  more than 10 years may apply to have their inactive license reinstated. Upon
				  approval of an application for inactive license reinstatement that fulfills the
				  requirements listed below, the board shall reinstate the inactive license. The
				  application requirements for inactive license reinstatement shall be receipt of
				  the following by the board:
A.
				fulfillment of the requirements of
				16.2.15.13
				NMAC;
B. passing the clinical
				skills examination;
C. passing the
				board approved jurisprudence examination; and
D. either of the following:
(1) proof of clinical experience, as defined
				in
				16.2.1.7
				NMAC for at least two out of every three years in another jurisdiction where
				the inactive licensee was licensed, certified, registered or legally recognized
				to practice acupuncture and oriental medicine, while the license was on
				inactive status; or
(2) proof of
				completion of 600 hours of clinical experience as an extern supervised by an
				externship supervisor as part of an externship as provided in 16.2.14
				NMAC.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 15 - INACTIVE LICENSE › Section 16.2.15.16 - INACTIVE LICENSE EXPIRATION

Current through Register Vol. 35, No. 13, July 16, 2024
An inactive license that has been inactive for more than 15
				  years shall expire and the person who was previously licensed shall be required
				  to apply as a new applicant.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 16 - AURICULAR DETOXIFICATION › Section 16.2.16.1 - 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 16 - AURICULAR DETOXIFICATION › Section 16.2.16.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Doctors of oriental medicine, certified auricular
				  detoxification specialist applicants, certified auricular detoxification
				  specialists, auricular detoxification specialist supervisor applicants,
				  auricular detoxification specialist supervisors, auricular detoxification
				  specialist training program applicants, auricular detoxification specialist
				  training programs, treatment programs and treatment program
				  applicants.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 16 - AURICULAR DETOXIFICATION › Section 16.2.16.3 - 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-4.1
				  NMSA 1978.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 16 - AURICULAR DETOXIFICATION › Section 16.2.16.5 - 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 16 - AURICULAR DETOXIFICATION › Section 16.2.16.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Part 16 establishes the requirements regarding the training
				  and certification of a certified auricular detoxification specialist, the scope
				  of practice of a certified auricular detoxification specialist, the
				  requirements for registration of an auricular detoxification specialist
				  supervisor, the responsibilities of an auricular detoxification specialist
				  supervisor, the approval of an auricular detoxification specialist training
				  program, and the approval of a treatment program. Part 16 establishes the
				  provisions for the renewal or expiration of a certified auricular
				  detoxification specialist certification, auricular detoxification specialist
				  training program and a substance abuse treatment program. Part 16 establishes
				  the grounds for denial, suspension or revocation of a certified auricular
				  detoxification specialist certification, an auricular detoxification specialist
				  supervisor registration, an auricular detoxification specialist training
				  program approval and a treatment program approval.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 16 - AURICULAR DETOXIFICATION › Section 16.2.16.7 - 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 16 - AURICULAR DETOXIFICATION › Section 16.2.16.8 - CERTIFIED AURICULAR DETOXIFICATION SPECIALISTS GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A certified
				auricular detoxification specialist applicant who has been subject to any
				action or proceeding described in Subsection H of
				16.2.16.10
				NMAC or who has violated the act or the rules, may be subject to disciplinary
				action, including denial, suspension or revocation of certification, 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. A certified
				auricular detoxification specialist 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
				certification, pursuant to the provisions of the act, Section
				61-14A-17
				NMSA 1978, and 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 16 - AURICULAR DETOXIFICATION › Section 16.2.16.9 - CERTIFIED AURICULAR DETOXIFICATION SPECIALISTS TRAINING AND EXAMINATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A certified auricular detoxification specialist applicant
				  shall provide satisfactory proof that he or she has successfully completed a
				  board approved auricular detoxification specialist training program as defined
				  in
				  16.2.16.26
				  NMAC that specifies successful completion of:
A. clean needle technique training;
				and
B. a board approved clean
				needle technique examination; and
C. the board approved jurisprudence
				examination covering the act and the rules with a score of not less than ninety
				percent.
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 16 - AURICULAR DETOXIFICATION › Section 16.2.16.11 - CERTIFIED AURICULAR DETOXIFICATION SPECIALIST SCOPE OF PRACTICE AND TITLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A certified
				auricular detoxification specialist, or CADS is authorized to perform only the
				following, for the purpose of harm reduction or treating and preventing
				alcoholism, substance abuse or chemical dependency, only within a board
				approved treatment program that focuses on disease prevention, harm reduction,
				or the treatment or prevention of alcoholism, substance abuse or chemical
				dependency, and only under the supervision of one or more auricular
				detoxification specialist supervisor(s) registered with the board:
(1) auricular acupuncture detoxification
				using the five auricular point national acupuncture detoxification association
				(NADA) procedure, or other board approved auricular procedure; and
(2) the application to the ear of simple
				board approved devices that do not penetrate the skin using the five auricular
				point national acupuncture detoxification association (NADA) procedure, or
				other board approved auricular procedure; and
New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 2 - ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS › Part 16 - AURICULAR DETOXIFICATION › Section 16.2.16.12 - CERTIFIED AURICULAR DETOXIFICATION SPECIALIST RENEWAL GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Except as provided otherwise in the act, or in these rules, or pursuant to
				other State law, including but not limited to the board's right to deny an
				application for renewal pursuant to Section
				61-14A-17
				NMSA 1978, and the Parental Responsibility Act, Section
				40-5A-1,
				NMSA 1978, et seq., each certified auricular detoxification specialist shall be
				granted renewal of his or her certification for one year upon receipt and
				approval by the board or its designee, completion of the requirements specified
				in
				16.2.16.13
				NMAC.
B. Any applicant for renewal
				who is licensed, certified, registered or legally recognized to practice any
				profession, including health care professions, in any jurisdiction, pursuant to
				any authority other than the New Mexico Acupuncture and Oriental Medicine
				Practice Act, shall provide an affidavit regarding the disciplinary record of
				the applicant since last renewing his or her certification with the
				board.
C. Any applicant for renewal
				who has been subject to any action or proceeding comprehended by Subsection D
				of
				16.2.16.13
				NMAC, may be subject to disciplinary action at any time, including denial,
				suspension or revocation of certification, 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.
D. Any applicant
				for renewal who provides the board with false information or makes a false
				statement to the board may be subject to disciplinary action at any time,
				including denial, suspension or revocation of certification, pursuant to the
				provisions of Section
				61-14A-17
				NMSA 1978, and the Uniform Licensing Act, Section
				61-1-1
				NMSA 1978, et seq.