New Mexico Register / Volume
XXX, Issue 23 / December 17, 2019
This is an
amendment to 16.2.3 NMAC, Sections 10, 11 and 14, effective 1/4/2020.
16.2.3.10 INITIAL LICENSURE APPLICATION: Upon approval of an application for licensure that fulfills the requirements listed below, the board shall issue a license that will be valid until July 31 following the initial licensure, except that licenses initially issued after May 1 will not expire until July 31 of the next renewal period as defined in 16.2.8.9 NMAC; the application requirements for a license shall be receipt of the following by the board:
A. the fee for
application for licensure specified in 16.2.10 NMAC;
B. an application for licensure that is complete and in English on a form provided by the board that shall include the applicant’s name, address, date of birth and social security number, if available;
C. two
passport-type photographs of the applicant taken not more than six months prior
to the submission of the application;
D. an affidavit as provided on the “initial licensure application” as to whether the applicant:
(1) has
been subject to any disciplinary action in any jurisdiction related to the
practice of acupuncture and oriental medicine, or related to any other
profession including other health care professions for which the applicant is
licensed, certified, registered or legally recognized to practice including
resignation from practice, withdrawal or surrender of applicants license,
certificate or registration during the pendency of disciplinary proceedings or
investigation for potential disciplinary proceedings;
(2) has
been a party to litigation in any jurisdiction related to the applicants
practice of acupuncture and oriental medicine, or related to any other
profession including other health care professions for which the applicant is
licensed, certified, registered or legally recognized to practice;
(3) 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;
(4) is
in arrears on a court-ordered child support payment; or
(5) has
violated any provision of the act or the rules;
E. an official
license history, which is a certificate from each jurisdiction stating
the disciplinary record of the applicant, from each jurisdiction where the
applicant has been 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;
F. an affidavit as
provided on the “initial licensure application” stating that the applicant
understands that:
(1) an applicant who has been subject to any action or proceeding comprehended by Subsection D of 16.2.3.10 NMAC may be subject to disciplinary action at any time, including denial, suspension or revocation of licensure, pursuant to the provisions of the act, 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.;
G. an affidavit as
provided on the “initial licensure application” 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 acupuncture and oriental medicine;
(2) the license must be renewed annually by July 31; and
(3) the
applicant must notify the board within ten days if the applicant’s address
changes;
H. a copy of the
applicant’s certificate or diploma from an educational program evidencing
completion of the required program; this copy shall include on it an affidavit certifying that it is a true
copy of the original;
I. an official copy of the applicant’s transcript that shall be sent directly to the board in a sealed envelope by the educational program from which the applicant received the certificate or diploma, and that shall verify the applicant’s satisfactory completion of the required academic and clinical education and that shall designate the completed subjects and the hours of study completed in each subject; or this copy of the transcript shall remain in the closed envelope secured with the official seal of the educational program and shall be sent by the applicant to the board along with the applicant’s application for licensure; and
J. 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 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.
K. proof
of current basic life support, BLS, and CPR with proof of having completed an american
heart association or american red cross approved course; hands-on supervised
practice of clinical skills is required; the didactic portion may be completed
on-line; a current copy of this card shall be submitted to the board at the
time of application.
[11/3/1981…7/1/1996;
8/31/1998; 5/15/1999, 12/1/1999; 16.2.3.13 NMAC - Rn & A, 16 NMAC 2.3.13, 5/20/2000;
16.2.3.10 NMAC - Rn, 16.2.3.13 NMAC, 7/27/2001; A, 7/27/2001; A, 3/2/2003; A, 2/15/2005;
A, 11/28/2009; A, 2/8/2013; A, 6/16/2015; A, 1/4/2020]
16.2.3.11 EXAMINATION
REQUIREMENTS: The examination
requirements specified in 16.2.4 NMAC shall be received at the board office
within [twelve (12)] 24 months of the receipt of the initial
application at the board office [, with the exception of the national certification
commission for acupuncture and oriental medicine (NCCAOM) score requirements
which need to be submitted to the board office within twenty four (24) months
of the initial application].
[11/3/1981…7/1/1996;
8/31/1998; 5/15/1999, 12/1/1999; 16.2.3.13 NMAC - Rn & A, 16 NMAC 2.3.13, 5/20/2000; 16.2.3.11 NMAC - Rn, 16.2.3.13 NMAC, 7/27/2001; A, 7/27/2001;
A, 2/15/2005; A, 11/28/2009; A, 2/8/2013; A, 1/4/2020]
16.2.3.14 DEADLINE
FOR COMPLETING ALL REQUIREMENTS FOR LICENSURE: Documentation required for licensure shall be
received at the board office no later than [twelve (12)] 24
months after the initial
application is received at the board office [, with the exception of the
national certification commission for acupuncture and oriental medicine
(NCCAOM) score requirements which need to be submitted to the board office
within twenty four (24) months of the initial application].
[11/3/1981…7/1/1996;
4/1/1997, 5/15/1999; 16.2.3.16 NMAC - Rn & A, 16 NMAC 2.3.16, 5/20/2000; 16.2.3.14 NMAC - Rn, 16.2.3.16 NMAC, 7/27/2001; A, 7/27/2001;
A, 11/28/2009; A, 2/8/2013; A, 1/4/2020]