TITLE 16†††††††††††† OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 2††††††† ACUPUNCTURE AND ORIENTAL MEDICINE PRACTITIONERS

PART 16†††††††††††††† AURICULAR DETOXIFICATION

 

16.2.16.1†††††††††††††† ISSUING AGENCY:New Mexico Board of Acupuncture and Oriental Medicine.

[16.2.16.1 NMAC - N, 02-15-05]

 

16.2.16.2†††††††††††††† SCOPE: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.

[16.2.16.2 NMAC - N, 02-15-05]

 

16.2.16.3†††††††††††††† STATUTORY AUTHORITY:This part is promulgated pursuant to the Acupuncture and Oriental Medicine Practice Act, Sections 61-14A-4.1.

[16.2.16.3 NMAC - N, 02-15-05]

 

16.2.16.4†††††††††††††† DURATION:Permanent.

[16.2.16.4 NMAC - N, 02-15-05]

 

16.2.16.5†††††††††††††† EFFECTIVE DATE:February 15, 2005, unless a later date is cited at the end of a section.

[16.2.16.5 NMAC - N, 02-15-05]

 

16.2.16.6†††††††††††††† OBJECTIVE: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.

[16.2.16.6 NMAC - N, 02-15-05; A, 12-26-08]

 

16.2.16.7†††††††††††††† DEFINITIONS:Refer to definitions in 16.2.1.7 NMAC (Section 7 of Part 1 of the rules).

[16.2.16.7 NMAC - N, 02-15-05]

 

16.2.16.8†††††††††††††† CERTIFIED AURICULAR DETOXIFICATION SPECIALISTS GENERAL REQUIREMENTS:

††††††††††††††† 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 (Section 10 of Part 16 of the rules) 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, NMSA 1978, Section 61-1-1, et seq., and subject to the Criminal Offender Employment Act, NMSA 1978, Section 28-2-1, 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, NMSA 1978, Section 61-14A-17, and the Uniform Licensing Act, NMSA 1978, Section 61-1-1, et seq.

[16.2.16.8 NMAC - N, 02-15-05]

 

16.2.16.9†††††††††††††† CERTIFIED AURICULAR DETOXIFICATION SPECIALISTS TRAINING AND EXAMINATION REQUIREMENTS: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 (Section 26 of Part 16 of the rules) 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 (90%).

[16.2.16.9 NMAC - N, 02-15-05; A, 12-26-08]

 

16.2.16.10†††††††††††† CERTIFIED AURICULAR DETOXIFICATION SPECIALIST CERTIFICATION APPLICATION:Upon approval of a certified auricular detoxification specialist application that fulfills the requirements listed below, the board shall issue a certified auricular detoxification specialist certification that will be valid until July 31 following the initial certification.In the interim between regular board meetings, whenever a qualified applicant for certified auricular detoxification specialist certification has filed his or her application and complied with all other requirements of this section, the boardís chairman or an authorized representative of the board may grant an interim temporary certified auricular detoxification specialist certification that will suffice until the next regular meeting of the board.In no event shall the applicant begin the practice of auricular detoxification until the certified auricular detoxification specialist certification or interim temporary certified auricular detoxification specialist certification is issued by the board.The application requirements for certified auricular detoxification specialist certification shall be receipt of the following by the board:

††††††††††††††† A.††††††††††† the auricular detoxification specialist certification application fee specified in 16.2.10 NMAC (Part 10 of the rules); and

††††††††††††††† B.††††††††††† an application for certified auricular detoxification specialist certification that is complete and in English on a form provided by the board that shall include the applicantís name, address, date of birth and social security number if the applicant has one; and

††††††††††††††† C.††††††††††† two (2) passport-type photographs of the applicant taken not more than six months prior to the submission of the application; and

††††††††††††††† D.††††††††††† a copy of the applicantís high school diploma or high school general equivalency diploma (GED) or diploma of higher education; and

††††††††††††††† E.††††††††††† a copy of the applicantís certificate of successful completion of a board approved auricular detoxification specialist training program; and

††††††††††††††† F.†††††††††††† the name of the auricular detoxification supervisor(s) registered with the board who will supervise the applicant if known; and

††††††††††††††† G.††††††††††† an affidavit as provided on the certified auricular detoxification specialist application form 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, the practice of auricular detoxification, the provision of medical or counseling services for disease prevention, harm reduction or the treatment or prevention of alcoholism, substance abuse or chemical dependency, 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, the practice of auricular detoxification, the provision of medical or counseling services for disease prevention, harm reduction or the treatment or prevention of alcoholism, substance abuse or chemical dependency, 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)†††† has been convicted of a felony in any jurisdiction, including any finding of guilt by a court or jury, or any plea of guilty, or any plea of nolo contendere or no contest, or plea or disposition of conditional discharge, and including any such proceeding in which a sentence was imposed, suspended or deferred; or

††††††††††††††††††† (4)†††† is in arrears on a court-ordered child support payment; or

††††††††††††††††††† (5)†††† has violated any provision of the act or the rules; and

††††††††††††††† H.††††††††††† an affidavit as provided on the certified detoxification specialist application form attesting the disciplinary record of the applicant with regard to each jurisdiction where the applicant has been licensed, certified, registered or legally recognized to practice any profession, including health care professions, in any jurisdiction, under any authority other than the New Mexico Acupuncture and Oriental Medicine Practice Act; and

††††††††††††††† I.†††††††††††† an affidavit as provided on the certified auricular detoxification specialist application form certifying that all documents submitted with the form are true and faithful copies of the original; and

††††††††††††††† J.†††††††††††† an affidavit as provided on the certified auricular detoxification specialist application form certifying a record free of convictions for drug or alcohol related offenses for at least two consecutive years before the submission of the certified auricular detoxification specialist application; and

††††††††††††††† K.††††††††††† an affidavit as provided on the certified auricular detoxification specialist application form stating that the applicant understands that:

††††††††††††††††††† (1)†††† an applicant who has been subject to any action or proceeding comprehended by Subsection G of 16.2.16.10 NMAC (Section 10 of Part 16 of the rules) may be subject to disciplinary action at any time, including denial, suspension or revocation of certification, pursuant to the provisions of the act, NMSA 1978, Section 61-14A-17; and subject to the Uniform Licensing Act, NMSA 1978, Section 61-1-1, et seq., and subject to the Criminal Offender Employment Act, NMSA 1978, Section 28-2-1, et seq.; 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 certification, pursuant to the provisions of the act, NMSA 1978, Section 61-14A-17, and the Uniform Licensing Act, NMSA 1978, Section 61-1-1, et seq.; and

††††††††††††††††††† (3)†††† 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 auricular detoxification; and

††††††††††††††††††† (4)†††† the certified auricular detoxification specialist certification must be renewed annually by July 31; and

††††††††††††††††††† (5)†† ††if the relationship with an auricular detoxification specialist supervisor terminates for any reason, to continue working, the certified auricular detoxification specialist must arrange to be supervised by another auricular detoxification specialist supervisor and notify the board within five (5) working days; and

††††††††††††††††††† (6)†††† the applicant must notify the board within ten (10) days if the applicantís address changes; and

††††††††††††††††††† (7)†††† the board may refuse to issue, or may suspend, or revoke any license, certified auricular detoxification specialist certification or auricular detoxification specialist 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 (Part 12 of the rules); and

††††††††††††††† L.††††††††††† an affidavit as provided on the certified auricular detoxification specialist application form stating that the applicant understands that a certified auricular detoxification specialist is authorized to perform only the following, for the purpose of harm reduction or treating and preventing alcoholism, substance abuse or chemical dependency and only within a board approved treatment program that demonstrates experience in disease prevention, harm reduction, or the treatment or prevention of alcoholism, substance abuse or chemical dependency:

††††††††††††††††††† (1)†††† auricular acupuncture detoxification using the five auricular point national acupuncture detoxification association (NADA) procedure or other board approved auricular procedures; 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 that the board approved devices that do not penetrate the skin are: seeds, grains, stones, metal balls, magnets and any small sterilized, spherical object that is non-reactive with the skin; and

††††††††††††††† M.†††††††††† a board approved clean needle technique examination andthe board approved jurisprudence examination covering the act and the rules with passing scores of not less than ninety percent (90%);

††††††††††††††† N.††††††††††† 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 or she 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 translator 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.

[16.2.16.10 NMAC - N, 02-15-05; A, 9-25-06; A, 12-26-08]

 

16.2.16.11†††††††††††† CERTIFIED AURICULAR DETOXIFICATION SPECIALIST SCOPE OF PRACTICE AND TITLE:

††††††††††††††† 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

††††††††††††††† B.††††††††††† the board approved devices that do not penetrate the skin of the ear are:

††††††††††††††††††† (1)†††† seeds or grains;

††††††††††††††††††† (2)†††† stones;

††††††††††††††††††† (3)†††† metal balls;

††††††††††††††††††† (4)†††† magnets; and

††††††††††††††††† ††(5)†††† any small sterilized, spherical object that is non reactive with the skin; and

††††††††††††††† C.††††††††††† a certified auricular detoxification specialist shall use the title certified auricular detoxification specialist or CADS.

[16.2.16.11 NMAC - N, 02-15-05; A, 12-26-08; A, 03-02-14]

 

16.2.16.12†††††††††††† CERTIFIED AURICULAR DETOXIFICATION SPECIALIST RENEWAL GENERAL REQUIREMENTS:

††††††††††††††† A.††††††††††† Except as provided otherwise in the act, or in these rules, or pursuant to other State law, including but not limited to the boardís right to deny an application for renewal pursuant to Section 61-14A-17 NMSA 1978, and the Parental Responsibility Act, NMSA 1978, Section 40-5A-1, 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 Section 13 of 16.2.16 NMAC (Part 16 of the rules).

††††††††††††††† 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 (Section 13 of Part 16 of the rules), 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, NMSA 1978, Section 61-1-1, et seq., and subject to the Criminal Offender Employment Act, NMSA 1978, Section 28-2-1, 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, NMSA 1978, Section 61-1-1, et seq.

[16.2.16.12 NMAC - N, 02-15-05]

 

16.2.16.13†††††††††††† CERTIFIED AURICULAR DETOXIFICATION SPECIALIST RENEWAL:Upon approval of a certified auricular detoxification specialist renewal application that fulfills the requirements listed below, the board shall renew the certification, which shall be valid until July 31 of the next year. The application requirements for certification renewal shall be receipt of the following by the board:

††††††††††††††† A.††††††††††† the auricular detoxification specialist certification renewal fee specified in 16.2.10 NMAC (Part 10 of the rules) paid by check or money order in U.S. funds, or by credit card in U.S. funds if using the boardís online renewal process; and

††††††††††††††† B.††††††††††† a certified auricular detoxification specialist renewal application that is complete and in English on a form provided by the board that shall include the applicantís name, address, date of birth and social security number; and

††††††††††††††† C.††††††††††† the name of the auricular detoxification specialist supervisor(s) registered with the board who will supervise the applicant if known and notice of which of these is to be the primary supervisor; and

††††††††††††††† D.††††††††††† an affidavit as provided on the certified auricular detoxification specialist renewal form as to whether the applicant since last receiving or renewing his or her certification with the board:

††††††††††††††††††† (1)†††† has been subject to any disciplinary action in any jurisdiction related to the practice of auricular detoxification, 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 applicant's practice of auricular detoxification, 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)†††† has been convicted of a felony in any jurisdiction, including any finding of guilt by a court or jury, or any plea of guilty, or any plea of nolo contendere or no contest, or plea or disposition of conditional discharge, and including any such proceeding in which a sentence was imposed, suspended or deferred; or

††††††††††††††††††† (4)†††† is in arrears on a court-ordered child support payment; or

††††††††††††††††††† (5)†††† has violated any provision of the act or the rules; and

††††††††††††††† E.††††††††††† an affidavit as provided on the certified auricular detoxification specialist renewal form certifying a record free of convictions for drug or alcohol related offenses for a minimum of one (1) year prior to application for renewal; and

††††††††††††††† F.†††††††††††† an affidavit as provided on the certified auricular detoxification specialist 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 (Section 10 of Part 8 of the rules) may be subject to disciplinary action at any time, including denial, suspension or revocation of licensure, pursuant to the provisions of the act, NMSA 1978, Section 61-14A-17; and subject to the Uniform Licensing Act, NMSA 1978, Section 61-1-1, et seq., and subject to the Criminal Offender Employment Act, NMSA 1978, Section 28-2-1, et seq; 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, NMSA 1978, Section 61-14A-17, and the Uniform Licensing Act, NMSA 1978, Section 61-1-1, et seq.; and

††††††††††††††† G.††††††††††† an affidavit as provided on the certified auricular detoxification specialist renewal form stating that the applicant understands that:

††††††††††††††††††† (1)†††† 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 auricular detoxification and supervision; and

††††††††††††††††††† (2)†††† the certification must be renewed annually by July 31; and

††††††††††††††††††† (3)†††† the applicant must notify the board within ten (10) days if the applicantís address changes; and

††††††††††††††† H.††††††††††† if the applicant renews using the boardís online application process, the applicant shall check all appropriate affidavit check boxes in the online application and the applicantís agreement to pay by credit card shall be equivalent to the applicantís witnessed signature and notaryís stamp and signature normally required by the above affidavits; and

††††††††††††††† I.†††††††††††† 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 or she 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 translator 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

††††††††††††††† J.†††††††††††† satisfactory proof as determined by the board of completion of any continuing education requirements established by the board.

[16.2.16.13 NMAC - N, 02-15-05; A, 12-26-08]

 

16.2.16.14†††††††††††† CERTIFIED AURICULAR DETOXIFICATION SPECIALIST LATE RENEWAL:A certified auricular detoxification specialist whose application to renew his or her certification is received late at the boardís office during the sixty (60) day period following the required date of renewal shall have his or her certification renewed if the applicant for late certification renewal completes the requirements of 16.2.16.13 NMAC (Section 13 of Part 16 of the rules) and pays the auricular detoxification specialist certification late renewal fee specified in 16.2.10 NMAC (Part 10 of the rules).

[16.2.16.14 NMAC - N, 02-15-05]

 

16.2.16.15†††††††††††† CERTIFIED AURICULAR DETOXIFICATION SPECIALIST EXPIRED CERTIFICATION:The certification of a certified auricular detoxification specialist who has not renewed his or her certification, including any required continuing education requirements, within the sixty (60) day period following the required date of renewal is expired and that certified auricular detoxification specialist shall not practice auricular detoxification.Such an applicant seeking valid certification shall apply with the board as a new applicant.

[16.2.16.15 NMAC - N, 02-15-05]

 

16.2.16.16†††††††††††† CERTIFIED AURICULAR DETOXIFICATION SPECIALIST INACTIVE STATUS:A certified auricular detoxification specialist in good standing may place his or her certification on inactive status for up to three (3) years by notifying the board of his or her intention to do so.Renewal fees will not be due during the period of inactivity.The certified auricular detoxification specialist shall not engage in the practice of auricular detoxification while the certification is inactive.If certification has not been reactivated within three years of its being placed on inactive status, the certification shall be considered expired.Should the certified auricular detoxification specialist wish to reactivate an inactive certification, he or she may do so by notifying the board, and with board approval, performing eight complete auricular detoxification treatments directly supervised by a registered auricular detoxification supervisor within a board-approved training or treatment program within three (3) months prior to reactivation; satisfying any additional requirements for certification imposed by the board at the time of recertification; paying a single auricular detoxification specialist certification renewal fee specified in 16.2.10 NMAC (Part 10 of the rules); and complying with all other requirements of 16.2.16.13 NMAC (Section 13 of Part 16 of the rules).

[16.2.16.16 NMAC - N, 02-15-05; A, 12-26-08]

 

16.2.16.17†††††††††††† AURICULAR DETOXIFICATION SPECIALIST SUPERVISOR REQUIREMENTS AND RESPONSIBILITIES:

††††††††††††††† A.††††††††††† The auricular detoxification specialist supervisor shall:

††††††††††††††††††† (1)†††† be a licensed doctor of oriental medicine;

††††††††††††††††††† (2)†††† be registered with the board as an auricular detoxification specialist supervisor;

††††††††††††††††††† (3)†††† supervise no more than thirty (30) certified auricular detoxification specialists;

††††††††††††††††††† (4)†††† be accessible for consultation directly or by telephone to a certified auricular detoxification specialist under his or her supervision;

††††††††††††††††††† (5)†††† directly visit each certified auricular detoxification specialist under his supervision at the treatment program site at intervals of not more than six weeks with the first visit occurring not more than two weeks after supervision has begun for the first year, then at least once per year thereafter at the supervisorís discretion with regular meetings by electronic methods (telephone, email, teleconferencing as examples) at intervals to be determined by the supervisor;

††††††††††††††††††† (6)†††† be responsible for having each certified auricular detoxification specialist under their supervision require each patient to complete a written, signed consent form outlining the responsibilities of the certified auricular detoxification specialist, the nature of the treatment, expected outcomes, and the scope and limits of practice;

††††††††††††††††††† (7) ††††ensure that the certified auricular detoxification specialist is following a board approved treatment protocol; and

††††††††††††††††††† (8)†††† notify the board in writing, within five working days, when a certified auricular detoxification specialist enters into a supervisory relationship with the auricular detoxification specialist supervisor or the supervisory relationship is terminated; and

††††††††††††††† B.††††††††††† an auricular detoxification specialist supervisor shall be responsible for the delivery of competent, professional services and ensuring that patient consents are obtained; and

††††††††††††††† C.††††††††††† the auricular detoxification specialist supervisor shall terminate the supervisory relationship if the auricular detoxification specialist supervisor has the reasonable belief that the certified auricular detoxification specialist has violated the act or the rules; in such case the auricular detoxification specialist supervisor shall notify the board and the certified auricular detoxification specialistís employer, in writing, within five (5) working days that the supervisory relationship is terminated and give in writing the reasons for the termination.

[16.2.16.17 NMAC - N, 02-15-05; A, 9-25-06; A, 12-26-08; A, 02-08-13]

 

16.2.16.18†††††††††††† AURICULAR DETOXIFICATION SPECIALIST SUPERVISOR REGISTRATION APPLICATION:Upon approval of an auricular detoxification specialist supervisor registration application that fulfills the requirements listed below, the board shall issue an auricular detoxification specialist supervisor registration that will be valid until July 31 following the initial registration.In the interim between regular board meetings, whenever a qualified applicant for auricular detoxification specialist supervisor registration has filed their application and complied with all other requirements of this section, the boardís chair or an authorized representative of the board may grant an interim temporary auricular detoxification specialist supervisor registration that will suffice until the next regular meeting of the board.In no event shall the auricular detoxification specialist supervisor begin supervising a certified auricular detoxification specialist until the auricular detoxification specialist supervisor registration or interim temporary auricular detoxification specialist supervisor registration is issued by the board.The application requirements for an auricular detoxification specialist supervisor registration shall be receipt of the following by the board:

††††††††††††††† A.††††††††††† the auricular detoxification specialist supervisor registration application fee specified in 16.2.10 NMAC;

††††††††††††††† B.††††††††††† proof of successful completion of an official national acupuncture detoxification association (NADA) course, or another board-approved training program, or a CV demonstrating experience, or education in the field of harm reduction and alcoholism, substance abuse and chemical dependency at least equivalent to that provided in a NADA training, and three letters of reference attesting to the applicantís competence and experience in the field of auricular treatment for harm reduction, auricular treatment of alcoholism, substance abuse or chemical dependency;

††††††††††††††† C.††††††††††† an application for auricular detoxification specialist supervisor registration that is complete and in English on a form provided by the board that shall include the applicantís name, address, date of birth and social security number;

††††††††††††††† D.††††††††††† the names of all certified auricular detoxification specialists certified with the board who are under the supervision of the applicant;

††††††††††††††† E.††††††††††† an affidavit as provided on the auricular detoxification specialist supervisor registration application form stating that the applicant understands that:

††††††††††††††††††† (1)†††† a certified auricular detoxification specialist is authorized to perform only the following, for the purpose of harm reduction or treating and preventing alcoholism, substance abuse or chemical dependency and only within a board approved substance abuse treatment program that demonstrates experience in disease prevention, harm reduction, or the treatment or prevention of alcoholism, substance abuse or chemical dependency:

††††††††††††††††††††††††††††† (a)†††† auricular acupuncture detoxification using the five auricular point national acupuncture detoxification association (NADA) procedure or other board approved procedure; and

††††††††††††††††††††††††††††† (b)†††† 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 and that the board approved devices that do not penetrate the skin are: seeds, grains, stones, metal balls, magnets and any small sterilized, spherical object that in non-reactive with the skin; and

††††††††††††††††††† (2)†††† the auricular detoxification specialist supervisor shall not be a member of the certified auricular detoxification specialistís family or a member of the certified auricular detoxification specialistís household or have a conflict of interest with the certified auricular detoxification specialist as defined in 16.2.16.21 NMAC; exceptions may be made by the board on an individual basis due to limited availability of certified auricular detoxification specialists or supervisors; and

††††††††††††††††††† (3)†††† 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 auricular detoxification and supervision; and

††††††††††††††††††† (4)†††† the board may refuse to issue, or may suspend, or revoke any license or auricular detoxification specialist 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; and

††††††††††††††† F.†††††††††††† an affidavit as provided on the auricular detoxification specialist supervisor registration application form stating that the applicant understands that the auricular detoxification specialist supervisor shall:

††††††††††††††††††† (1)†††† be registered with the board as an auricular detoxification specialist supervisor;

††††††††††††††††††† (2)†††† supervise no more than thirty (30) certified auricular detoxification specialists;

††††††††††††††††††† (3)†††† be accessible for consultation directly or by telephone to a certified auricular detoxification specialist under his or her supervision;

††††††††††††††††††† (4)†††† directly visit each certified auricular detoxification specialist under his supervision at the treatment program site at intervals of not more than six weeks for the first year, then at least once per year thereafter at the supervisorís discretion with regular meetings by electronic methods (telephone, email, teleconferencing as examples) at intervals to be determined by the supervisor;

††††††††††††††††††(5)†††† verify that each certified auricular detoxification specialist under his or her supervision has had each patient sign a consent form outlining the responsibilities of the certified auricular detoxification specialist, the nature of the treatment, expected outcomes, and the scope and limits of practice;

††††††††††††††††††† (6)†††† ensure that the certified auricular detoxification specialist is using a board approved treatment protocol;

††††††††††††††††††† (7)†††† notify the board in writing, within five (5) days working days, when a certified auricular detoxification specialist enters into a supervisory relationship with the auricular detoxification specialist supervisor or the supervisory relationship is terminated;

†††††††††††††† †††††(8)†††† be responsible for the delivery of competent professional services and ensuring that patient consents have been obtained;

††††††††††††††††††† (9)†††† terminate the supervisory relationship if the auricular detoxification specialist supervisor has the reasonable belief that the certified auricular detoxification specialist has violated the act or the rules or if a conflict of interest arises during the supervision; the auricular detoxification specialist supervisor shall notify the board and the CADSís employer, in writing, within five working days that the supervisory relationship is terminated and give in writing the reasons for the termination; and

††††††††††††††††††† (10)†††† notify the board within 10 days if the auricular detoxification supervisorís address changes or phone number changes.

[16.2.16.18 NMAC - N, 02-15-05; A, 12-26-08; A, 02-08-13]

 

16.2.16.19†††††††††††† CHANGE OF SUPERVISOR:If the auricular detoxification specialist supervisor relationship terminates for any reason, each party must notify the board in writing within five (5) working days of this fact.

[16.2.16.19 NMAC - N, 02-15-05]

 

16.2.16.20†††††††††††† COMPENSATION:Any compensation contract is solely between the auricular detoxification specialist supervisor and the certified auricular detoxification specialist's employing program or agency and is not the province of the board.

[16.2.16.20 NMAC - N, 02-15-05; A, 12-26-08]

 

16.2.16.21†††††††††††† AURICULAR DETOXIFICATION SPECIALIST SUPERVISOR CONFLICT OF INTEREST:An auricular detoxification specialist supervisor shall not be a member of the certified auricular detoxification specialistís family or a member of the certified auricular detoxification specialistís household."Member of the certified auricular detoxification specialistís 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 certified auricular detoxification specialist, 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 certified auricular detoxification specialist.Exceptions may be made by the board on an individual basis due to limited availability of certified auricular detoxification specialists or supervisors.

[16.2.16.21 NMAC - N, 02-15-05]

 

16.2.16.22†††††††††††† [RESERVED]

[16.2.16.22 NMAC - N, 02-15-05; Repealed, 12-26-08]

 

16.2.16.23†††††††††††† [RESERVED]

[16.2.16.23 NMAC - N, 02-15-05; Repealed, 12-26-08]

 

16.2.16.24†††††††††††† [RESERVED]

[16.2.16.24 NMAC - N, 02-15-05; Repealed, 12-26-08]

 

16.2.16.25†††††††††††† [RESERVED]

[16.2.16.25 NMAC - N, 02-15-05; Repealed, 12-26-08]

 

16.2.16.26†††††††††††† AURICULAR DETOXIFICATION SPECIALIST TRAINING PROGRAM APPROVAL:Upon approval of an auricular detoxification specialist training program approval application that fulfills the requirements listed below, the board shall issue an auricular detoxification specialist training program approval that will be valid until July 31 following the initial registration.In the interim between regular board meetings, whenever a qualified applicant for auricular detoxification specialist training program approval has filed an application and complied with all other requirements of this section, the boardís chairman or an authorized representative of the board may grant an interim temporary auricular detoxification specialist training program approval that will suffice until the next regular meeting of the board.The application requirements for an auricular detoxification specialist training program approval shall be receipt of the following by the board:

††††††††††††††† A.††††††††††† the auricular detoxification specialist training program approval application fee specified in 16.2.10 NMAC (Part 10 of the rules); and

††††††††††††††† B.††††††††††† an application for auricular detoxification specialist training program approval that is complete and in English on a form provided by the board that shall include the applicantís name, address, phone number, fax number and email address, if available; and

††††††††††††††† C.††††††††††† a curriculum that shall include at least:

††††††††††††††††††† (1)††† 30 hours of classroom didactic education covering the following subjects related to auricular detoxification:history and overview of the auricular detoxification profession; point descriptions, and locations and use of the NADA five auricular point national acupuncture detoxification association (NADA) procedure or other board approved procedures; acupuncture needle description, insertion and removal techniques, the use of devices that do not penetrate the skin of the ear; trial treatment (explanation of what happens during a treatment and practice on class members); public health and laws and regulations; exposure control; clean needle technique training; occupational health and safety administration (OSHA) requirements; integration of auricular detoxification within the treatment program; concepts of acupuncture and oriental medicine as related to addiction and recovery (the concept of ďempty fireĒ, etc.); client management issues and strategies (special populations); ethical and legal issues (confidentiality, HIPAA, the pertinent laws and rules of the state of New Mexico, etc.); and the nature of addiction and recovery; and

††††††††††††††††††† (2)†††† 40 client hours (40 successfully completed treatments) under direct supervision by a board approved CADS supervisor at a site and with a supervisor pre-approved in writing by the training program, documented by a HIPAA-compliant form in which the privacy of clients is respected; and

†††††††††††††† D.††††††††††† an affidavit as provided on the auricular detoxification specialist training program approval application form stating that the applicant understands that:

†††††††††††††††††† (1)†††† the auricular detoxification specialist training program must provide each person who successfully completes the approved program with a certification of completion; and

††††††††††††††††††† (2)†††† the auricular detoxification specialist training program registration must be renewed annually by July 31; and

††††††††††††††††††† (3)†††† the auricular detoxification specialist training program must notify the board within ten (10) days if the programís address or phone number changes; and

††††††††††† ††††††††(4)†††† the board may refuse to issue, or may suspend, or revoke any auricular detoxification specialist training program approval 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 (Part 12 of the rules); and

††††††††††††††† E.††††††††††† the name or names of the trainer(s) who shall be teaching in the program and copies of their qualifications as trainers from NADA or other oriental medicine and auricular acupuncture drug detoxification, harm reduction, substance abuse or relapse-prevention-related education and experience approved by the board to train auricular detoxification specialist trainers; and

††††††††††††††† F.†††††††††††† approval of a training program shall entail recognition that its trainers have the status of certified auricular detoxification specialists and CADS supervisors within and for the purpose of and for the duration of a training course.

[16.2.16.26 NMAC - N, 02-15-05; A, 12-26-08]

 

16.2.16.27†††††††††††† AURICULAR DETOXIFICATION SPECIALIST TRAINING PROGRAM RENEWAL:Upon approval of an auricular detoxification specialist training program renewal application that fulfills the requirements listed below, the board shall renew the approval, which shall be valid until July 31 of the next year. The application requirements for approval renewal shall be receipt of the following by the board:

††††††††††††††† A.††††††††††† the auricular detoxification specialist training program approval renewal fee specified in 16.2.10 NMAC (Part 10 of the rules) paid by check or money order in U.S. funds, or by credit card in U.S. funds if using the boardís online renewal process; and

††††††††††††††† B.††††††††††† an application for auricular detoxification specialist training program renewal that is complete and in English on a form provided by the board that shall include the applicantís name, address, phone number, fax number and email address, if available; and

††††††††††††††† C.††††††††††† an affidavit as provided on the auricular detoxification specialist training program renewal of approval application form stating that the program continues to provide at a minimum the curriculum required by the board in 16.2.16.26 NMAC (Section 26 of Part 16 of the rules); and

††††††††††††††† D.††††††††††† an affidavit as provided on the auricular detoxification specialist training program renewal of approval application form stating that the applicant understands that:

††††††††††††††††††† (1)†††† the auricular detoxification specialist training program must provide each person who successfully completes the approved program with a certificate of completion; and

††††††††††††††††††† (2)†††† the auricular detoxification specialist training program registration must be renewed annually by July 31; and

††††††††††††††††††† (3)†††† the auricular detoxification specialist training program must notify the board within ten (10) days if the programís address or phone number changes; and

††††††††††††††††††† (4)†††† the board may refuse to issue, or may suspend, or revoke any auricular detoxification specialist training program approval 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 (Part 12 of the rules); and

††††††††††††††† E.††††††††††† if the applicant renews using the boardís online application process, the applicant shall check all appropriate affidavit check boxes in the online application and the applicantís agreement to pay by credit card shall be equivalent to the applicantís witnessed signature and notaryís stamp and signature normally required by the above affidavits.

[16.2.16.27 NMAC - N, 02-15-05; A, 12-26-08]

 

16.2.16.28†††††††††††† TREATMENT PROGRAM APPROVAL:All treatment programs focused on disease prevention, harm reduction or the treatment or prevention of alcoholism, substance abuse or chemical dependency that are officially recognized by a federal, state or local government agency shall automatically be approved by the board.Upon approval of a treatment program application for approval that fulfills the requirements listed below, the board shall issue a treatment program approval.In the interim between regular board meetings, whenever a qualified applicant for a treatment program approval has filed an application and complied with all other requirements of this section, the boardís chairman or an authorized representative of the board may grant an interim temporary treatment program approval that will suffice until the next regular meeting of the board.The application requirements for a treatment program approval shall be receipt of the following by the board:

††††††††††††††† A.††††††††††† the treatment program approval application fee specified in 16.2.10 NMAC;

††††††††††††††† B.††††††††††† an application for treatment program approval that is complete and in English on a form provided by the board that shall include the applicantís name, address, phone number, fax number and email address, if available, and:

††††††††††††††††††† (1)†††† affidavit that the treatment program is for disease prevention, harm reduction or the treatment or prevention of alcoholism, substance abuse or chemical dependency;

††††††††††††††††††† (2)†††† whether the facility is at a fixed address or is mobile;

††††††††††††††††††† (3)†††† the name of the director of the program;

††††††††††††††††††† (4)†††† the number and qualifications of the treatment staff; and

††††††††††††††††††† (5)†††† the name of the auricular detoxification supervisor and the certified auricular detoxification specialist, if known; and

††††††††††††††† C.††††††††††† an affidavit as provided on the treatment program approval application form stating that the facility has access to a toilet and a sink; and

††††††††††††††† D.††††††††††† an affidavit as provided on the treatment program approval application form stating that the applicant understands that:

††††††††††††††††††† (1)†††† the treatment program must notify the board within ten (10) days if the programís address or phone number changes; and

††††††††††††††††††† (2)†††† the board may refuse to issue, or may suspend, or revoke any treatment program approval 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.

[16.2.16.28 NMAC - N, 02-15-05; A, 12-26-08; A, 03-02-14]

 

16.2.16.29†††††††††††† GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF LICENSE, CERTIFICATION, REGISTRATION OR APPROVAL:The board may refuse to issue, or may suspend, or revoke any license, certification, registration or approval 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 (Part 12 of the rules).

[16.2.16.29 NMAC - N, 02-15-05]

 

History of 16.2.16 NMAC:

Pre-NMAC History:None.

 

History of Repealed Material: [Reserved]