New Mexico Register / Volume XXX, Issue 15 / August 13, 2019

PUBLIC RULE HEARING AND REGULAR BOARD MEETING

The New Mexico Board of Acupuncture and Oriental Medicine will hold a rule hearing on Wednesday, September 18, 2019. Following the rule hearing, the Board will convene a board meeting to consider adoption of the rules and address regular business. The rule hearing and board meeting will be held at the New Mexico State Capitol, Room 311, at 490 Old Santa Fe Trail, Santa Fe, NM 87501.

The purpose of the rule hearing is to consider proposed amendments to the following rules:

16.2.3 NMAC - Application for Licensure;

16.2.4 NMAC - Examinations;

16.2.8 NMAC - License Renewal;

16.2.9 NMAC - Continuing Education;

16.2.17 NMAC - Licensure by Endorsement;

16.2.18 NMAC - Educational Courses for Expanded Practice Certification; and

16.2.19 NMAC - Expanded Practice Certifications

The changes to Parts 3, 4, 8, 9, 17, 18, and 19 are intended to enhance public safety by adding a requirement for Basic Life Support (“BLS”) and Cardiopulmonary Resuscitation (“CPR”) training from an American Heart Association approved course for licensure. Additional changes address procedural matters such as allowing electronic communications with applicants and licensees, altering deadlines for completing application requirements and payments, and clarifying the duration before examination results expire. Substantive changes to educational requirements include mandating passage of certain national testing before sitting for the clinical skills exam, requiring continuing education be done annually, increasing the number of practical experience hours of education for expanded practice certification, and increasing the organizations from whom certification is accepted for expanded practice. Minor clarifications are also made to wording and citations to other rules. These changes are largely designed to ensure public safety, clarify existing provisions, and provide for greater consistency.

To obtain and review copies of the proposed changes you may go to the Board’s website at: http://www.rld.state.nm.us/boards/Acupuncture_and_Oriental_Medicine_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 Lori Sciacca, Board Administrator, via electronic mail at acuormedboard@state.nm.us or by regular mail at P.O. Box 25101, Santa Fe, NM 87504, no later than Tuesday, September 17, 2019. Persons will also be given the opportunity to present their comments at the rule hearing. All written comments will be posted to the Board’s website at: http://www.rld.state.nm.us/boards/Acupuncture_and_Oriental_Medicine_Rules_and_Laws.aspx, no more than three business days following receipt to allow for public view.

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 Lori Sciacca, Board Administrator at (505) 476-4622.

Statutory Authority: The Acupuncture and Oriental Medicine Practice Act, Sections 61-14A-1 to -22 NMSA 1978 (1993, as amended through 2017), among other provisions, specifically authorizes the Board to “adopt and file all rules necessary for the implementation and enforcement of the provisions of the Acupuncture and Oriental Medicine Practice Act.”

Summary of Proposed Changes:

In addition to making minor clarification changes, the proposed rules are summarized as follows:

16.2.3 NMAC - Application for Licensure

Amendments to Part 3 consist of a new provision requiring proof of completion of American Heart Association approved BLS and CPR training, and the modification of existing twelve (12) month deadlines for completing exam and licensure requirements to twenty-four (24) month deadlines.

16.2.4 NMAC - Examinations

Amendments to Part 4 add a requirement applicants achieve a passing score on the National Certification Commission for Acupuncture and Oriental Medicine (“NCCAOM”) point location module prior to taking the clinical skills exam; add language allowing electronic communications with applicants; add language imposing time limits for confirmation cards to be provide to applicants; add language clarifying the duration exam results remain valid before applicants must reapply and submit new application fees; and add language reducing the time limits for payments and requests to review clinical examination scores.

16.2.8 NMAC - License Renewal

Part 8 is amended to insert a new provision requiring proof of completion of American Heart Association approved BLS and CPR training as part of all licensee’s renewal obligations.

16.2.9 NMAC - Continuing Education

Amendments to Part 9 add language expanding the scope of NCCAOM recertifications which satisfy continuing education requirements, and remove language permitting continuing education hours to be completed within four years instead of annually. Language governing continuing education for expanded practice licensees is amended to require certain coursework prior to initial licensing in expanded scope, and every ten (10) years thereafter.

16.2.17 NMAC - Licensure by Endorsement

Part 17 is amended to insert a new provision requiring proof of completion of American Heart Association approved BLS and CPR training.

16.2.18 NMAC - Educational Courses for Expanded Practice Certification

Part 18 amends the language governing course requirements to increase the number of hours of practical experience required in bioidentical hormone therapy education from twenty-four (24) to forty-eight (48) hours.

16.2.19 NMAC - Expanded Practice Certifications

Part 19 is amended by the addition of language accepting certification from the Alliance for Physician Certification & Advancement (“APCA”) for ultrasound credentialing.