New Mexico Register / Volume XXXII,
Issue 18 / September 28, 2021
NOTICE OF PUBLIC
RULE HEARING AND REGULAR BOARD MEETING
The New Mexico Board of Podiatry will hold a
rule hearing on Friday, November 12, 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 Hearing Room I 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=e3b96d9e57356c7768b7a8fbc061a4936
To
join the meeting by phone:
1-415-655-0002 United States Toll
Access
Code: 2498 253 7029
The
purpose of the rule hearing is to consider proposed amendments to the following
rules:
16.21.6
NMAC – Licensure for Military Service
Members, Spouses and Veterans
16.21.11
NMAC – Disciplinary Proceedings
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/podiatry/pod-board-information/pod-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 Amanda Lewis, Team Leader, via electronic
mail at: Podiatryboard@state.nm.us, or by regular mail at P.O. Box 25101,
Santa Fe, NM 87504, no later than Monday, November 08, 2021. Written comments received prior to the rule
hearing will be posted within three business days to the RLD website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/podiatry/pod-laws-rules-and-policies/ . 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/podiatry/pod-board-information/pod-board-meetings/. Copies
of the rules or the agenda may also be obtained by contacting Amanda Lewis,
Team Leader 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 Amanda Lewis, Team Leader (505) 476-4622.
Statutory
Authority: The Podiatry Act, Sections 61-8-1 to 61.8.17 NMSA 1978. Paragraph (2)
of Subsection E of Section 61-8-6 NMSA 1978 specifically provides that the
board shall “adopt, publish and file…all rules for the implementation and
enforcement of the provisions of the Podiatry Act.”
Purpose of the
Proposed Rules: The purpose of the rule hearing is to receive written and oral
comments from the public on proposed rules amending 16.21.6 NMAC - Licensure
for Military Service Members, Spouses, Veterans to comply with 2021 legislative
changes made during the regular session in HB 120 Military Spouses Expedited
Licensure signed into law by Governor Lujan Grisham on April 6, 2021 and
amending 16.21.11 NMAC – Disciplinary Proceedings to comply with 2021 legislative
changes made during the special session in SB2 Expungement of Certain Records
signed into law by the Governor Lujan Grisham on April 12, 2021.
Summary
of Proposed Changes:
16.21.6 NMAC - Licensure for Military Service Members,
Spouses, 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.
16.21.11 NMAC –
Disciplinary Proceedings
The amendments to this part is to add a new
section to the rule to be in compliance with the 2021 legislative change
regarding SB2 Expungement of Certain Records.
The proposed rule sets out what criminal felony convictions directly
relate to the particular employment, trade, business or profession of podiatry
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.