New Mexico Register / Volume XXXII,
Issue 18 / September 28, 2021
NOTICE OF PUBLIC
RULE HEARING AND REGULAR BOARD MEETING
The New Mexico Athletic Trainers Practice
Board will hold a rule hearing on Friday, November 5, 2021, at 9:00 a.m. Following the rule hearing, the Board will
convene a regular board meeting to adopt the rules and take care of regular
business. The rule hearing and board meeting will be held at the Regulation and
Licensing Department, 2550 Cerrillos Road, Santa Fe, NM, in the Rio Grande
Conference Room for those desiring to attend in person.
Face masks are required to be worn in the Toney Anaya Building for all
in-person attendees.
The meeting will also be held via Cisco Webex
Meetings for those desiring to attend virtually.
https://nmrld.webex.com/nmrld/onstage/g.php?MTID=e988b807fa27e6f050136a640716a71e7
To
join the meeting by phone:
1-415-655-0002 United States Toll
Access
Code: 2496 862 1982
The
purpose of the rule hearing is to consider proposed amendments to the following
rules:
16.3.1
NMAC – General Provisions
16.3.2
NMAC – Scope of Practice
16.3.4
NMAC – Initial Licensing Requirements
16.3.6
NMAC – Examinations
16.3.7
NMAC – Annual Renewal of License
16.3.9
NMAC – Disciplinary Proceedings
16.3.10
NMAC – Emergency Licensure
16.3.11 NMAC – Licensure for Military Service Members, Spouses, Dependent Children and Veterans
To
obtain and review copies of the proposed changes and public comments, you may
go to the Board’s website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/athletic-trainers/athletic-trainers-board-information/athletic-trainers-board-meetings/
or contact the Boards and Commissions Division
at (505) 476-4622.
The
Board is currently accepting public written comments on the proposed
amendments. Please submit written
comments on the proposed changes to Roxann Ortiz, Board Administrator, via
electronic mail at: athletic.trainers@state.nm.us, or by regular mail at P.O. Box 25101,
Santa Fe, NM 87504, no later than Thursday, November 4, 2021. Written comments received prior to the rule
hearing will be posted to the RLD website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/athletic-trainers/athletic-trainers-rules-and-laws/ . Persons will also be given the opportunity to
present their written or oral comments at the public rule hearing.
The agenda for the board meeting
will be posted and available at least 72 hours before the meeting on the Board
website at https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/athletic-trainers/athletic-trainers-board-information/athletic-trainers-board-meetings/ Copies of the rules or the agenda may also be obtained by
contacting Roxann Ortiz, Board Administrator at (505) 476-4622.
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 Roxann Ortiz, Board Administrator at
(505) 476-4622.
Statutory
Authority: Legal authority
for this rulemaking can be found in the Athletic
Trainer Practice Act, NMSA 1978, 16-14D-1 to -19, which, among other
provisions, specifically authorizes the Board to “adopt and file…rules and
regulations necessary to carry out the Athletic Trainer Practice Act.” NMSA 1978, Section 61-14D-9(F).
Purpose of the
Proposed Rules:
The purposes of the amendments to 16.3.1 NMAC are to update this part to
reflect the current BOC certification process (internships are no longer
permissible). Also, the definition of
BOC was added because the BOC is a separate entity from the NATA and references
to virtual meetings as an attendance option have been added to include and
define how meetings can be conducted during the pandemic and the future.
The purposes of the amendments to 16.3.2 NMAC are to provide clarity in
the regulations by including the definitions provided by the statute in the
regulations, by expounding on the scope of practice to, among other things,
include references to the BOC, and by removing two categories of records that
are not required to be kept.
The purposes of the amendment to 16.3.4 NMAC is to comply with the 2021
legislative change which requires that each board, among other things,
“promulgate and post on the board’s website rules relating to licensing
requirements to list the specific criminal convictions that could disqualify an
applicant from receiving a license on the basis of a previous felony
conviction.” NMSA 1978, § 61-1-36.
The purpose of the amendment to 16.3.6 NMAC is to update the accepted
examination for licensure because a state examination is no longer permissible.
The purpose of the amendment to 16.3.7 NMAC is to align continuing
education requirements with the national standards of the BOC since there is no
longer a state examination.
The purpose of the amendment to 16.3.9 NMAC is to remove outdated
terminology from the rule.
The purpose of the amendment to 16.3.10 NMAC is to remove the
requirement for notarization with respect to applications that are being
transitioned to an all-online platform and to change the certification from
NATA to the current certification which is BOC.
The purpose of the amendment to 16.3.11 NMAC is to alter the language
of the rule so that it aligns with the 2021 legislative changes mandated by HB
120.
Summary
of Proposed Changes:
16.3.1 NMAC – General Provisions
The amendments to this part include removing
the definition of “approved internship program” and adding a definition for
“disqualifying criminal conviction” and “BOC.”
Additional changes include the addition of “video conference, or other
virtual means” with respect to how meetings may be attended remotely.
16.3.2 NMAC – Scope of Practice
The amendments to this part include the
addition of several definitions as well as an addition to the explanation of
the scope of practice. Additional
changes include the removal of some of the categories of records that are
required to be maintained by athletic trainers.
16.3.4 NMAC – Initial
Licensing Requirements
The amendment to this part adds a new section
to the rule to comply with the 2021 legislative change regarding SB2. The proposed rule sets out what criminal
felony convictions directly relate to the particular employment, trade,
business or profession of athletic training that may disqualify the applicant
or licensee from holding a license. The
rule also defines how the conviction may and may not be used when reviewing an
application for licensure or for violation of Board statute or rules by a
current licensee.
16.3.6 NMAC – Examinations
The amendment to this part changes
the examination accepted by the board from the national athletic trainers
association to the board of certification for athletic trainers.
16.3.7 NMAC – Continuing Education Requirements
The amendments to this part include a
change to the continuing education requirements to simply state that “[e]ach
licensee shall be required to maintain good standing with the BOC CEU
requirements.” Additional changes
include an elaboration with respect to the process for a licensee to go on
inactive status as well changes with respect to reactivating a license that has
been inactive.
16.3.9 Disciplinary Proceedings
The amendment to this part merely
removes “or paragraph” from the description of effective date.
16.3.10 Emergency Licensure
The amendments to this part include
removing the requirement that applications be notarized as well as changing the
certification from NATA to BOC.
16.3.11 NMAC - Licensure for Military Service Members,
Spouses, Dependent Children and Veterans
The amendments to this part includes a repeal
and replace due to the 2021 legislative change regarding HB120 Military Spouses
Expedited Licensure. The proposed rule
changes the time for approving an application for license from sixty days to
thirty days and removes "recent" from the definition of veteran. The rule also sets out application and
renewal requirements.