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.