New Mexico Register / Volume XXXII,
Issue 21 / November 9, 2021
NOTICE OF PUBLIC
RULE HEARING AND REGULAR BOARD MEETING
The
New Mexico Board of Acupuncture and Oriental Medicine (Board)
will hold a rule hearing on Friday, December 10, 2021, at 9:00 a.m. Following
the rule hearing, the Board will convene a regular board meeting to consider
adoption of the rules and address regular business.
The
rule hearing and board meeting will be held via Cisco Webex
Meetings:
https://nmrld.webex.com/nmrld/onstage/g.php?MTID=e73290a53047ac054fc9c3e906597a868
Meeting
number (access code): 2497 688 9572
To
join the meeting by phone:
1-415-655-0002
United States Toll
The
purpose of the rule hearing is to consider proposed amendments and
repeal/replace to the following rules:
16.2.1
NMAC - General Provisions
16.2.3
NMAC - Licensure Requirements
16.2.5 NMAC - Temporary Licensing
16.2.8 NMAC -
License Renewal
16.2.12 NMAC -
Grounds for Denial, Suspension or Revocation of License
16.2.14
NMAC - Externships
16.2.15
NMAC - Inactive License
16.2.16
NMAC - Auricular Detoxification
16.2.17
NMAC - Licensure by Endorsement
16.2.21
NMAC - Licensure for Military Service Members, Spouses and Veterans
To
obtain and review copies of the proposed changes you may go to the Board’s
website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/acupuncture-and-oriental-medicine/aom-rules-and-law/
or contact the New Mexico Board of Acupuncture and Oriental Medicine at
(505) 476-4622 or by email at acuormedboard@state.nm.us.
The
Board is currently accepting public comments on the proposed amendments. Please submit written comments on the
proposed changes to Sue Sneeringer, 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 Thursday, December 9, 2021. 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
https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/acupuncture-and-oriental-medicine/aom-rules-and-law/,
no more than three business days following receipt to allow for public viewing.
An
individual with a disability who is in need of a reader, amplifier, qualified
signed language interpreter, or other form of auxiliary aid or service to
participate in the hearing, please contact Sue Sneeringer, Board Administrator
at (505) 476-4622.
The
agenda for the regular board meeting will be posted and available at least 72
hours before the meeting on the Board’s website at:
https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/acupuncture-and-oriental-medicine/board-information/board-meetings/. Copies
may also be obtained by contacting Sue Sneeringer, Board Administrator at (505)
476-4622.
Statutory
Authority: Subsection B of Section 61-14A-8
NMSA 1978 of the Acupuncture and Oriental Medicine Practices Act and Sections
61-14A-1 through -22 NMSA 1978 generally, authorizes the Board to “adopt,
publish and file, in accordance with the Uniform Licensing Act.” 61-1-1 through 61-1-31 NMSA 1978 and the
State Rules Act Chapter 14, article 4 NMSA 1978, all rules necessary for the
implementation and enforcement of the provisions of the Acupuncture and
Oriental Medicine Practices Act.
Purpose of the
proposed rules:
The
proposed rules are intended to provide greater clarity in existing regulatory
and statutory requirements, ensure continued high levels of professionalism
among licensees and registrants, and to generally satisfy the Board’s statutory
obligation to “adopt rules and regulations and establish policy necessary to
carry out the provisions of the Acupuncture and Oriental
Medicine Practices Act in accordance with the Uniform Licensing Act
Subsection B of Section 61-14A-8 NMSA 1978”.
In addition, several of the proposed rule changes are intended to
address to recent statutory changes to the Uniform Licensing Act. See S.B. 2,
55th Leg., 1st S.S. (N.M. 2021), available at
https://nmlegis.gov/Legislation/Legislation?Chamber=S&LegType=B&LegNo=2&year=21s , and H.B. 120, 55th Leg., 1st Sess. (N.M. 2021),
available at https://nmlegis.gov/Legislation/Legislation?Chamber=H&LegType=B&LegNo=120&year=21.
Summary of
Proposed Changes:
The
Board summarizes its proposed changes to its administrative rules as follows:
16.2.1
NMAC - General Provisions
As
a general summary, the proposed changes to 16.2.1 NMAC
update
the rule to reflect changes to rule definitions based on 2021 legislative
changes found in SB 2 and HB 120, subsequently codified into statute, adding or
redefining terms used within the Board’s body of regulations.
16.2.3
NMAC - Licensure Requirements
As
a general summary, the proposed changes to 16.2.3 NMAC
update
the rule to reflect changes based on 2021 legislative changes found in SB 2 and
HB 120, subsequently codified into statute, concerning applicant criminal
convictions that may result in a denial of an application for a license or
renewal, including amendments addressing how the Board may use criminal
convictions in the application process.
16.2.5 NMAC - Temporary Licensing
As a general
summary, the proposed changes to 16.2.5 NMAC update the rule to reflect changes
based on 2021 legislative changes found in SB 2 and HB 120, subsequently
codified into statute, removing all language concerning applicant criminal
background matters in reliance on 16.2.3.10 NMAC’s proposed amendments.
16.2.8
NMAC - License Renewal
As
a general summary, the proposed changes to 16.2.8 NMAC
update
the rule to reflect changes based on 2021 legislative changes found in SB 2 and
HB 120, subsequently codified into statute, removing all language concerning applicant
criminal background matters in reliance on 16.2.3.10 NMAC’s proposed
amendments.
16.2.12 NMAC - Grounds for Denial,
Suspension or Revocation of License
As a general
summary, the proposed changes to 16.2.12 NMAC update the rule to reflect
changes based on 2021 legislative changes found in SB 2 and HB 120,
subsequently codified into statute, adding language to the relevant portion of
the rule concerning applicant criminal convictions and inserting a direct
reference to 16.2.3.10 NMAC’s proposed amendments.
16.2.14
NMAC - Externships
As
a general summary, the proposed changes to 16.2.14 NMAC
update
the rule to reflect changes based on 2021 legislative changes found in SB 2 and
HB 120, subsequently codified into statute, removing all language concerning
applicant criminal background matters in reliance on 16.2.3.10 NMAC’s proposed
amendments.
16.2.15
NMAC - Inactive License
As
a general summary, the proposed changes to 16.2.15 NMAC
update
the rule to reflect changes based on 2021 legislative changes found in SB 2 and
HB 120, subsequently codified into statute, removing all language concerning
applicant criminal background matters in reliance on 16.2.3.10 NMAC’s proposed
amendments.
16.2.16 NMAC - Auricular Detoxification
As a general
summary, the proposed changes to 16.2.16 NMAC update the rule to reflect changes based on 2021
legislative changes found in SB 2 and HB 120, subsequently codified into
statute, removing all language concerning applicant criminal background matters
in reliance on 16.2.3.10 NMAC’s proposed amendments.
16.2.17
NMAC - Licensure by Endorsement
As
a general summary, the proposed changes to 16.2.17 NMAC
update
the rule to reflect changes based on 2021 legislative changes found in SB 2 and
HB 120, subsequently codified into statute, removing all language concerning
applicant criminal background matters in reliance on 16.2.3.10 NMAC’s proposed
amendments.
16.2.21
NMAC - Licensure for Military Service Members, Spouses and Veterans
As
a general summary, the proposed changes to 16.2.21 NMAC update the rule to
reflect changes to rule definitions changes found in SB 2 and HB 120,
subsequently codified into statute, regarding expedited licensure for military
service members. The updated rule expands the definition of eligibility for individuals
applying for expedited licensure as a service member. Additionally, the new
rule reflects the requirements for individuals applying through this process.
Finally, this proposed amendment provides for a new fee structure, updated
definitions, and licensure timeframes as required by 61-1-34 NMSA 1978.