New
Mexico Register / Volume XXXIII, Issue 24 / December 27, 2022
TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 26 HEARING, SPEECH AND AUDIOLOGY
PRACTITIONERS
PART 10 EXPEDITED
LICENSURE
16.26.10.1 ISSUING AGENCY:
New Mexico Speech-Language Pathology, Audiology and Hearing Aid
Dispensing Practices Board.
[16.26.10.1 NMAC - Rp, 16.26.10.1 NMAC, 01/08/2023]
16.26.10.2 SCOPE: The
provisions in Part 10 of Chapter 26 apply to all applicants for expedited
licensure.
[16.26.10.2 NMAC - Rp, 16.26.10.2 NMAC, 01/08/2023]
16.26.10.3 STATUTORY AUTHORITY: These rules are promulgated pursuant to the Speech-Language Pathology
and Audiology and Hearing Aid Dispensing Practices Act, (Sections 61-14B-1 to
61-14B-25 NMSA 1978) and the Uniform Licensing Act NMSA 1978 (Sections 61-1-1
to 61-1-37).
[16.26.10.3 NMAC - Rp, 16.26.10.3 NMAC, 01/08/2023]
16.26.10.4 DURATION:
Permanent.
[16.26.10.4 NMAC - Rp, 16.26.10.4 NMAC, 01/08/2023]
16.26.10.5 EFFECTIVE DATE:
January 8, 2023, unless a later date is cited at the end of a section.
[16.26.10.5 NMAC - Rp, 16.26.10.5 NMAC, 01/08/2023]
16.26.10.6 OBJECTIVE: The
objective of Part 10 is to promote, preserve and protect the public health,
safety and welfare by regulating and setting professional standards for
applicants for expedited licensure.
[16.26.10.6 NMAC - Rp, 16.26.10.6 NMAC, 01/08/2023]
16.26.10.7 DEFINITIONS:
A. “Eligible
jurisdiction” means:
(1) any state or territory
of the United States except those included in the list of disapproved
licensing jurisdictions in 16.26.10.8 NMAC; and
(2) any foreign country included in
16.26.10.9 NMAC.
B. “Expedited
license” means a provisional license that confers the same rights,
privileges and
responsibilities as a regular license issued by the board.
C. “Good standing” means a license or
registration is active and not expired, suspended, revoked,
surrendered, conditioned, or otherwise in a status that in any manner
restricts the activity of a licensee or registrant
under the authority of the license.
D. “Jurisdiction”
has the same meaning as defined in Subsection F of Section 61-1-2 NMSA 1978.
E. “Licensing
fee” has the same meaning as defined in Paragraph (1) of Subsection E of
Section 61-1-34 NMSA 1978.
F. “Military
service member” has the same meaning as defined in Paragraph (2) of Subsection
E of Section 61-1-34 NMSA 1978.
G. “Qualified
applicant” means an applicant who:
(1) holds
a current license in good standing in another jurisdiction, provided that an
applicant
who is not a military service member or veteran must hold a current
license in good standing in an eligible
jurisdiction;
(2) does
not have a disqualifying criminal conviction, as defined by the board’s rules;
and
(3) is
not subject to pending disciplinary action in New Mexico.
H. “Veteran”
has the same meaning as defined in Paragraph (3) Subsection E of Section
61-1-34 NMSA 1978.
[16.26.10.7 NMAC - Rp, 16.26.10.7 NMAC, 01/08/2023]
16.26.10.8 LIST OF DISAPPROVED LICENSING JURISDICTIONS; REASONS: Applicants licensed in the following states and
territories of the United States shall not be eligible for expedited licensure
under Section 61-14B-16.1 NMSA 1978, of the Speech-Language Pathology,
Audiology and Hearing Aid Dispensing Practices Act:
B. Audiologist:
Applicants licensed in the following states and territories of the United
States shall not be eligible for expedited licensure under Section 61-14B-16.1
NMSA 1978, of the Speech-Language Pathology, Audiology and Hearing Aid
Dispensing Practices Act:
(1) Alaska,
Arkansas, Colorado, Connecticut, District of Columbia, Hawaii, Idaho, Illinois,
Iowa, Kentucky, Maine, Massachusetts, Minnesota, Missouri, New Hampshire, New
York, Puerto Rico, South Dakota, Vermont, Washington, West Virginia, on that
grounds that these jurisdictions have multiple pathways to licensure that do
not meet New Mexico’s education and examination requirements.
(2) American
Samoa, Northern Mariana Islands, and the U.S. Virgin Islands, on the grounds
that these jurisdictions do not regulate this profession.
C. Hearing
aid dispenser: Applicants licensed in the following states and territories of
the United States shall not be eligible for expedited licensure under Section
61-14B-16.1 NMSA 1978, of the Speech-Language Pathology, Audiology and Hearing
Aid Dispensing Practices Act:
(1) Alaska,
California, District of Columbia, and Idaho, on that grounds that these
jurisdictions do not have training and/or examination requirements consistent
with New Mexico.
(2) American
Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin
Islands, on the grounds that these jurisdictions do not regulate this
profession.
[16.26.10.8 NMAC - Rp, 16.26.10.8 NMAC, 01/08/2023]
16.26.10.9 LIST
OF APPROVED FOREIGN JURISDICTIONS: [RESERVED]
16.26.10.10 EXPEDITED LICENSURE APPLICATION:
A. A
candidate for expedited licensure under Section 61-1-31.1 NMSA 1978 must submit
to the board a complete application containing all of
the following:
(1) A
completed and signed application form;
(2) proof
of a current license in good standing in an eligible jurisdiction as defined in
these rules; and
(3) payment
of the required application fee.
B. An
expedited license application shall not be deemed complete until the applicant
has submitted, and the board’s staff is in receipt of, all of
the materials required by Subsection A, including documentation from third
parties.
C. Upon
receipt of a complete application, the board’s staff shall process the
application and issue the expedited license to a qualified applicant within 30
days.
D. If
the applicant has a potentially disqualifying criminal conviction or the board
may have other cause to deny the application pursuant to Section 61-14B-21 NMSA
1978:
(1) The
matter of the applicant’s application shall be submitted to the board for
consideration and action at its next available regular meeting;
(2) the
license may not be issued within 30 days of submission of the complete
application; and
(3) the
board may vote to grant the application or refer the matter to its
administrative
prosecutor for denial of the application as provided by the board’s
rules.
[16.26.10.10 NMAC – N, 01/08/2023]
16.26.10.11 EXPEDITED LICENSURE APPLICATION FOR MILITARY SERVICE
MEMBERS AND VETERANS:
A. A candidate for expedited licensure under Section 61-1-34 NMSA 1978
must submit to the board a complete application containing all
of the following:
(1) A
completed and signed application form;
(2) proof
of a current license in good standing in another jurisdiction, including a
branch of the
United States armed forces; and
(3) submission
of the following documentation:
(a) for
military service member: a copy of military orders;
(b) for
spouse of military service members: copy of military service member’s military
orders, and copy of marriage
license;
(c) for
spouses of deceased military service members: copy of decedent’s DD 214 and
copy of marriage license;
(d) for
dependent children of military service members: a copy of military service member’s orders listing dependent child, or a
copy of military orders and one of the following: a copy of birth certificate,
military service member’s federal tax return or other governmental or judicial
documentation establishing dependency; or
(e) for
veterans (retired or separated): proof of honorable discharge such as a copy of
DD Form 214, DD Form 215, DD Form 256, DD Form 257, NGB Form 22, military ID
card, a driver’s license or state ID card with a veteran’s designation, or
other documentation verifying honorable discharge.
B. An
expedited license application shall not be deemed complete until the applicant
has submitted, and the board’s staff is in receipt of, all of
the materials required by subsection A, including documentation from third
parties.
C. Upon
receipt of a complete application, the board’s staff shall process the
application and issue the expedited license to a qualified applicant within 30
days.
D. If
the applicant has a potentially disqualifying criminal conviction or the board
may have other cause to deny the application pursuant to Section 61-14B-21 NMSA
1978:
(1) The matter of the applicant’s
application shall be submitted to the board for consideration and
action at its next available regular meeting;
(2) the
license may not be issued within 30 days of submission of the complete
application; and
(3) the
board may vote to grant the application or refer the matter to its
administrative prosecutor for denial of the application as provided by the
board’s rules.
E. A
military service member or veteran who is issued an expedited license shall not
be charged a licensing fee for the first three years of licensure with the
board.
[16.26.10.11 NMAC – N, 01/08/2023]
16.26.10.12 EXPEDITED LICENSE DURATION AND RENEWAL:
A. An expedited license shall be valid for the same length of time as a regular
initial license issued by the board.
B. A licensee holding an expedited license may apply for license renewal
in the manner provided by the board’s rules provided that, upon renewal, the
licensee must also satisfy the following examination requirements:
(1) The
licensee shall be required to pass the New Mexico
jurisprudence examination.
(2) For speech-language
pathologists, if the licensee holding an
expedited license was not required by the licensee’s original jurisdiction outside
of New Mexico to pass a nationally recognized standard examination in
speech-language pathology, the licensee shall be required to pass the examination
prior to renewing the license.
(3) For
audiologists, if the licensee holding an expedited license was not required by
the licensee’s original jurisdiction outside of New Mexico to pass a nationally
recognized standard examination in audiology, the licensee shall be required to
pass the examination prior to renewing the license.
C. Upon renewal, the board shall issue a regular license to a licensee
holding an expedited license issued pursuant to these rules.
[16.26.10.12 NMAC – N, 01/08/2023]
History of 16.26.10 NMAC:
16.26.10 NMAC – Emergency
Licensure, filed 11/9/2006 was repealed and replaced with 16.26.10 NMAC –
Expedited Licensure, effective 01/08/2023.