TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 2 ACUPUNCTURE
AND ORIENTAL MEDICINE PRACTITIONERS
PART 8 LICENSE
RENEWAL
16.2.8.1 ISSUING
AGENCY: New Mexico Board of Acupuncture and Oriental
Medicine.
[16.2.8.1 NMAC - Rp,
16.2.8.1 NMAC, 2/11/2022]
16.2.8.2 SCOPE: All
licensed doctors of oriental medicine and all licensed doctors of oriental
medicine certified for expanded practice.
[16.2.8.2 NMAC - Rp,
16.2.8.2 NMAC, 2/11/2022]
16.2.8.3 STATUTORY
AUTHORITY: This part is promulgated pursuant to the
Acupuncture and Oriental Medicine Practice Act, Sections 61-14A-8, 8.1, 9 and
15, NMSA 1978.
[16.2.8.3 NMAC - Rp, 16.2.8.3 NMAC, 2/11/2022]
16.2.8.4 DURATION: Permanent.
[16.2.8.4 NMAC - Rp,
16.2.28.4 NMAC, 2/11/2022]
16.2.8.5 EFFECTIVE
DATE: February 11. 2022, unless a later date is
cited at the end of a section.
[16.2.8.5 NMAC - Rp,
16.2.8.5 NMAC, 2/11/2022]
16.2.8.6 OBJECTIVE: This
part defines the requirements for renewal of licenses.
[16.2.8.6 NMAC - Rp,
16.2.8.6 NMAC, 2/11/2022]
16.2.8.7 DEFINITIONS: Refer
to definitions in 16.2.1.7 NMAC.
[16.2.8.7 NMAC - Rp,
16.2.8.7 NMAC, 2/11/2022]
16.2.8.8 LICENSE RENEWAL GENERAL
REQUIREMENTS:
A. Except as
otherwise provided in the act, these rules or 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 licensed doctor of oriental medicine shall be granted
renewal of his license for one year upon receipt and approval by the board or
its designee of completion of the following requirements.
B. Any applicant
for license 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 license with the board.
C. Any applicant
for license renewal who has been subject to any action or proceeding
comprehended by Subsection C of 16.2.8.10 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.
D. Any applicant
for license renewal 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 the Uniform Licensing Act, Section 61-1-1 NMSA
1978, et seq.
[16.2.8.8 NMAC - Rp, 16.2.8.8 NMAC, 2/11/2022]
16.2.8.9 LICENSING
PERIOD: The licensing period shall run from August 1
to the following July 31. A newly
licensed doctor of oriental medicine shall be issued a license that shall be
required to be renewed on July 31, except that licenses initially issued after
May 1 shall not expire until July 31 of the next renewal period.
[16.2.8.9 NMAC - Rp,
16.2.8.9 NMAC, 2/11/2022]
16.2.8.10 ANNUAL LICENSE RENEWAL
APPLICATION The
board will renew a doctor of oriental medicine’s license upon receipt of a
renewal application with the following supporting documentation, at the board
office:
A. the license
renewal fee 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;
B. a license
renewal 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 “annual license renewal form” as to whether the applicant since
receiving or last renewing (whichever is more recent) 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; and
D. an affidavit as
provided on the “annual license renewal form” regarding the applicant’s license
history since last renewing his license with the board stating the disciplinary
record of the applicant, from each jurisdiction where the applicant has been
licensed, certified, registered or legally recognized to practice acupuncture
or oriental medicine or any other profession, including other health care
professions, in any jurisdiction, pursuant to any authority other than the New
Mexico Acupuncture and Oriental Medicine Practice Act;
E. an affidavit as
provided on the “annual license renewal form” stating that the applicant
understands that:
(1) an
applicant who has been subject to any action or proceeding comprehended by
Subsection C of 16.2.8.10 NMAC may be subject to disciplinary action at any
time, including denial, suspension or revocation of licensure, pursuant to the
provisions of the act, 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; and
(2) 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;
F. an affidavit as
provided on the “annual license renewal form” stating that the applicant
understands that:
(1) each
licensed doctor of oriental medicine is responsible for the timely submission
of the annual renewal application and fees;
(2)
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;
(3)
the license must be renewed annually by July 31; and
(4) the
applicant must notify the board within ten days if the applicant’s address
changes;
G. if the applicant
renews using the board’s online application process, the applicant shall check
all appropriate affidavit check boxes in the online application and the
applicant’s agreement to pay by credit card shall be equivalent to the
applicant’s witnessed signature and notary’s stamp and signature normally
required by the above affidavits;
H. an accurate
translation in English of all documents submitted in a foreign language; each
translated document shall bear the affidavit of the translator certifying that
he is competent in both the language of the document and the English language
and that the translation is a true and faithful translation of the foreign
language original; each translated document shall also bear the affidavit of
the applicant certifying that the translation is a true and faithful
translation of the original; each affidavit shall be signed before a notary
public; the translation of any document relevant to an application shall be at
the expense of the applicant; and
I. satisfactory
proof as determined by the board of completion of any continuing education
requirements established by the board in 16.2.9.8 NMAC; doctors of oriental
medicine certified for the expanded practice shall submit satisfactory proof,
as determined by the board, of completion of any expanded practice continuing
education requirements established by the board in 16.2.9.9 NMAC
[16.2.8.10 NMAC - Rp, 16.2.8.10 NMAC, 2/11/2022]
16.2.8.11 LATE
LICENSE RENEWAL:
A. For a licensee
whose late application to renew his or her license is received at the board
office during the 60 day grace period provided by Section 61-14A-15 NMSA 1978,
the license shall be renewed if the applicant for late license renewal
completes the requirements of 16.2.8.10 NMAC and pays the fee for late license
renewal specified in 16.2.10 NMAC.
B. If proof of NCCAOM
recertification or equivalent continuing education as defined in 16.2.9.8 NMAC
is received at the board office during the 60 day grace period, the renewal
shall be considered a late license renewal and the applicant must pay the fee
for late license renewal prior to license renewal.
C. For doctors of
oriental medicine certified for expanded practice, if proof of expanded
practice continuing education as defined in 16.2.9.9 NMAC is received at the
board office during the 60 day grace period, the renewal shall be considered a
late license renewal and the applicant must pay the fee for late license
renewal prior to license renewal.
[16.2.8.11 NMAC -
Rp, 16.2.8.11 NMAC, 2/11/2022]
16.2.8.12 EXPIRED LICENSE: At the end of the 60 day grace period
provided by Section 61-14A-15 NMSA 1978, a licensee that has not renewed his
license, nor completed all continuing education requirements specified in
16.2.9.8 NMAC, the license is expired and the doctor of oriental medicine shall
not practice oriental medicine until his expired license is renewed. For an expired license, if a properly
completed application for license renewal is received at the board office
within one year of the last regular renewal date, the license shall be renewed,
provided all the requirements of late license renewal are completed in addition
to the requirements of 16.2.8.11 NMAC and the licensee also pays the fee for
expired license renewal specified in 16.2.10 NMAC. The licensee shall notify the board of his
correct and current mailing address and of any address changes within ten days
of the change. Any doctor of oriental
medicine who fails to renew his expired license by the next July 31 annual
license renewal date after the notification shall be required to apply as a new
applicant.
[16.2.8.12 NMAC - Rp, 16.2.8.12 NMAC, 2/11/2022]
16.2.8.13 [RESERVED]
History of 16.2.8 NMAC:
Pre-NMAC
History: The material in this part was
derived from that previously filed with the commission of public records -
state records center and archives as:
AB 81-1, Regulations
Governing Acupuncture Practitioners, filed 10/5/1981;
AB 82-1, Regulations
Governing Acupuncture Practitioners, filed 6/16/1982;
AB 84-1, Regulations
Governing Acupuncture Practitioners, Tutors and Institutes, filed 3/13/1984;
BCD 87-1,
Regulations Governing Acupuncture Practitioners, Tutors and Institutes, filed 10/30/1987;
ACU 88-1 Regulations
Governing Acupuncture Practitioners, Tutors and Institutes, filed 3/13/1989;
ACU Rule 91-8
Regulations Governing Acupuncture Practitioners, Tutors and Institutes -
Licensing, filed 2/18/1991;
Rule 8, Regulations
Governing Acupuncture Practitioners, Tutors and Institutes - Licensing, filed 8/28/1992.
History of Repealed Material: 16
NMAC 2.8.11 deleted effective 7/15/2001.
16.21.8 NMAC,
License Renewal (filed 1/11/2005) repealed 2/11/2022.
Other History:
Rule 8, Regulations
Governing Acupuncture Practitioners, Tutors and Institutes - Licensing (filed 8/28/1992)
was renumbered, reformatted and replaced by 16 NMAC 2.8, License Renewal,
effective 7/1/1996.
16 NMAC 2.8, License
Renewal (filed 6/14/1996) was renumbered, reformatted, amended and replaced by
16.2.8 NMAC, License Renewal, effective 7/15/2001.
16.2.8 NMAC, License
Renewal (filed 1/11/2005) was Replaced by 16.2.8 NMAC, License Renewal,
effective 2/11/2022.