New Mexico Register / Volume XXXII, Issue 18 / September 28, 2021

 

 

NOTICE OF PUBLIC RULE HEARING AND REGULAR BOARD MEETING

 

The New Mexico Speech-Language Pathologists, Audiologists & Hearing Aid Dispensers Board (Board) 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 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/j.php?MTID=m4d6e8811c59cad3a48e2686d1ece2cd1

Meeting number (access code): 2487 691 1171

To join the meeting by phone:

1-415-655-0002 United States Toll

 

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

16.26.2 NMAC   Licensure Requirements

16.26.7 NMAC   – Grounds for Disciplinary Action

16.26.11 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/speech-language-pathology-audiology-and-hearing-aid-dispensing-practices/slp-rules-and-laws/ or contact the New Mexico Speech-Language Pathologists, Audiologists & Hearing Aid Dispensers Board at (505) 476-4622 or by email at speech.hearing@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 speech.hearing@state.nm.us  or by regular mail at P.O. Box 25101, Santa Fe, NM 87504, no later than Thursday, November 11, 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/speech-language-pathology-audiology-and-hearing-aid-dispensing-practices/slp-rules-and-laws/, 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.

 

Statutory Authority: Section 61-14B-11(A) of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act, NMSA 1978, Sections 61-14B-1 through -25 (1990, as amended through 2021), authorizes the Board to “adopt rules necessary to implement the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act in accordance with the Uniform Licensing Act.”  Section 61-14B-11(C) of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act requires the Board to “adopt a code of ethics that includes rules requiring audiologists and hearing aid dispensers, at the time of the initial examination for possible sale and fitting of a hearing aid if a hearing loss is determined, to inform each prospective purchaser about hearing aid options that can provide a direct connection between the hearing aid and assistive listening systems.” Further, Section 61-14B-11(H) of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act requires the Board to adopt rules that provide for licensure by reciprocity, including temporary permits for speech-language pathologists, audiologists, or hearing aid dispensers.  Finally, Section 61-1-36 of the Uniform Licensing Act, NMSA 1978, Sections 61-1-1 to -36 (1957, as amended through 2021), requires the Board to “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.”

 

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 Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act in accordance with the Uniform Licensing Act.” NMSA 1978, Section 61-14B-11(A). 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:

 

16.26.2 NMAC - Licensure Requirements

As a general summary, the proposed changes to 16.26.2 NMAC add the requirement that all applicants certify that they have not been convicted of felonies listed in 16.26.7.8 NMAC.  Additionally, the proposed changes provide for a bilingual/multicultural endorsement for out of state and out of country applicants that is consistent with the requirements for those applicants in New Mexico.

 

16.26.7 NMAC   – Grounds for Disciplinary Action

As a general summary, the proposed changes to 16.26.2 NMAC would bring the rules into compliance with Section 61-1-36 NMSA 1978, which mandates that Boards and Commissions update identify specific disqualifying felony convictions which would preclude licensure under the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act.  The proposed changes remove previous references to certain misdemeanors and violations of the Controlled Substances Act and replaces those references with a list of disqualifying felonies which are job related for the position in question and consistent with business necessity.  Further, the proposed change to this subsection outlines that practitioner could be disciplined for failing to deliver a person supplied with a hearing aid a receipt that contains particular information mandated by statute.  Finally, the proposed change outlines the Board’s ability to consider certain evidence of disqualifying convictions.

 

16.26.11 NMAC   – Licensure for Military Service Members, Spouses and Veterans

As a general summary, the proposed changes to 16.26.2 NMAC update the rule to reflect recent legislative changes 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, the new fee and time schedule as required by 61-1-34 NMSA 1978.