New Mexico Register / Volume XXX,
Issue 4 / February 26, 2019
PUBLIC RULE
HEARING AND REGULAR BOARD MEETING
LEGAL NOTICE
The
New Mexico Board of Podiatry will hold a rule hearing on Friday, March 29, 2019,
at 1:30 p.m. Following the rule hearing,
the Board will convene a board meeting to adopt the rules and take care of
regular business. The rule hearing and
board meeting will be held at the New Mexico Regulation and Licensing
Department, 2550 Cerrillos Road, Santa Fe, NM, in the Rio Grande Conference Room.
The Board of
Podiatry is proposing the following amendments listed below to the New Mexico
Podiatry rules and regulations to correct and update language, definitions and
requirements. The proposed amendments
include changed provisions applicable to all types of licensees. The amendments are intended to update
continuing medical education, clarify definitions and provide uniformity in the
application of the following rules. The
amendments to the following rules listed below will be achieved through a
repeal and replacement:
16.21.1
NMAC - General Provisions
16.21.3
NMAC - License by Exam
16.21.4
NMAC - License by Reciprocity
16.21.5
NMAC - Temporary License and Emergency License
16.21.8
NMAC - Continuing Education
16.21.10
NMAC - Lapse of License and Reinstatement
16.21.11
NMAC - Disciplinary Proceedings
16.21.12
NMAC - Management of Medical Records
To
obtain and review copies of the proposed changes and public comments, you may
go to the Board’s website at: http://www.rld.state.nm.us/boards/Podiatry_Rules_and_Laws.aspx, or contact the Boards and Commissions
Division at (505) 476-4622.
The
Board is currently accepting public comments on the proposed amendments. Please submit written comments on the proposed
changes to Roberta Perea, Board Administrator, via electronic mail at podiatryboard@state.nm.us,
or by regular mail at P.O. Box 25101,
Santa Fe, NM 87504, no later than Thursday, March 28, 2019. Persons will also be given the opportunity to
present their comments at the rule hearing. All public comments received in the board
office will be posted on the board’s website at: http://www.rld.state.nm.us/boards/Podiatry_Rules_and_Laws.aspx.
An
individual with a disability who is in need of a reader, amplifier, qualified
sign language interpreter, or other form of auxiliary aid or service to attend
or participate in the hearing, please contact Roberta Perea, Board
Administrator at (505) 476-4622.
Statutory
Authority: Legal
authority for this rulemaking can be found in the Podiatry Act, Sections 61-8-1
through -17 NMSA 1978 (1977, as amended through 2015), which, among other
provisions, specifically authorizes the Board to “adopt, publish and file, in
accordance with the Uniform Licensing Act and the State Rules Act, all rules
for the implementation and enforcement of the provisions of the Podiatry Act.” Paragraph (2) of Subsection
E of Section 61-8-6 NMSA 1978.
The Board also shall, “adopt and promulgate rules setting standards of
preliminary and professional qualifications for the practice of podiatry,” Paragraph
(10) of Subsection E of Section 61-8-6 NMSA 1978, and “determine by rule all
qualifications and requirements for applicants seeking licensure as podiatrists
or podiatric assistants,” Paragraph (12) of Subsection E of Section 61-8-6 NMSA
1978. The Board may adopt regulations
regarding temporary licensure. See Subsection D of Section 61-8-8, NMSA
1978 (“A podiatrist duly licensed in another state may, on a temporary basis,
consult, advise or cooperate in patient treatment with a podiatrist licensed in
New Mexico, subject to rules adopted and promulgated by the board.”); and Subsection
B of Section 61-8-14, NMSA 1978 (“In cases of emergency, as defined by board
rule, the board may grant a temporary license to practice podiatry”). The Board may adopt rules regarding licensure
by reciprocity. See Section 61-8-9, NMSA 1978.
Summary of
Proposed Changes:
16.21.1.1 NMAC,
16.21.3.1 NMAC, 16.21.4.1 NMAC, 16.21.5.1 NMAC, 16.21.8.1 NMAC, 16.21.10.1
NMAC, 16.21.11.1 NMAC, 16.21.12.1
The
changes for the above removed the word “NM” before “Board of Podiatry”, which
is consistent with the title used in Podiatry Act.
16.21.1
NMAC - General Provisions
New “Board” definition was added for
clarification throughout the document. A change to the “Scope of Practice” to bring increased
clarification as to the anatomic location covered by the practice of podiatry.
Also a change to “Responsibility of
Licensee” adding “mailing” prior to address for clarification and “or email
address” to update to current acceptable communication methods. “Public Records” and “Non-Public Records” were
removed, In Republican Party v. N.M. Taxation & Revenue Dep’t,
2012-NMSC-026, 13, 283 P.3d 853, the New Mexico Supreme Court noted that the
provision of the Inspection of Public Records Act that allows an agency to
withhold public records “as otherwise provided by law” may include “regulatory
bars to disclosure.” However, administrative
rules only rarely provide an adequate justification to redact or withhold
records. As noted in the Office of the
New Mexico Attorney General’s Inspective of Public Records Act Guide, at 20
(8th ed. 2015), “In most cases, a regulation or ordinance, by itself, may not
be used to deny access to public records.”
Therefore, requests to inspect public records should be handled as
provided by statute. Renumbering had to
be made due to removing these sections.
16.21.3
NMAC - License by Exam
Updates have been made to the rule to
align with current CPME residency training requirements. Clarifying the process
for when applicants apply for licensure which will facilitate more expedient
credentialing with hospitals and insurance plans.
16.21.3
NMAC - License by Exam; 16.21.5 NMAC - Temporary License and Emergency License;
16.21.8 NMAC - Continuing Education; 16.21.10 NMAC - Lapse of License and
Reinstatement; 16.21.11 NMAC - Disciplinary Proceedings
Updating language to align rules with
current board structure and expedite board processes.
16.21.4
NMAC - License by Reciprocity
Clarifying and updating rule language to
align with current national testing requirements and practices. Also, updating
language to align rules with current board practices and expedite board
processes.
16.21.5
NMAC - Temporary License and Emergency License
Updating language and types of
training programs that may be conducted in New Mexico.
Clarifying temporary
types of licenses. Removing
redundant language and citing rules pertaining to temporary licenses. Updating language to align rules and expedite
board processes.
16.21.8
NMAC - Continuing Education
Removing confusing language for
clarification purposes. Updating language to align rules
with current board structure and expedite board processes. Updating language and aligning process to
current standards. Renumbering rules and updating syntax to be in correct
format.
16.21.11
NMAC - Disciplinary Proceedings
Updating syntax, deleting unclear
rule and renumbering.
16.21.12
NMAC - Management of Medical Records
Updating language, syntax and clarifying
language