New
Mexico Register / Volume XXXVI, Issue 10 / May 20, 2025
NOTICE
OF PUBLIC RULE HEARING AND BOARD MEETING
The
New Mexico Nutrition and Dietetics Practice Board will hold a rule hearing on
Friday, June 27, 2025, at 10:00 a.m., immediately followed by a meeting of the
board to consider any public comment and adoption of the proposed rule listed
below. Public participation is welcomed, and comments may be submitted in
writing during the public comment period, or in person during the public rule
hearing. The hearing and subsequent meeting will take place at the Regulation
and Licensing Department, Sandia Conference Room, located at 5500 San Antonio
Drive NE, Albuquerque, New Mexico 87109.
The
meeting will also be held via Microsoft Teams for those desiring to attend
virtually.
Join
the meeting now
Or
by Meeting ID:
https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting
Meeting
ID: 224 531 783 034 4
Passcode:
ER7m8s7S
Dial
in by phone
+1
505-312-4308,,495915127# United States, Albuquerque
Find
a local number
Phone
conference ID: 495 915 127#
The
purpose of the rule hearing is to consider the initiation of rulemaking for the
following rules:
16.14.2
Fees
16.14.3
Requirements for Licensure
16.14.6
License Renewal
16.14.10
Code of Ethics
16.14.11
Disciplinary Proceedings
The
agenda for the rule hearing and 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/nutrition-and-dietetics/board-information/nd-board-meetings
. Copies of the agenda may also be obtained by
contacting Roxann Ortiz at 505-795-5576.
The
Nutrition and Dietetics Practice Board will begin accepting written public comments
regarding the proposed rule changes on May 27, 2025. If submitting written public
comment prior to the rule hearing, the Nutrition and Dietetics Practice Board
will accept written public comments received by 10:00 a.m. on June 27, 2025. Written
comments may be submitted by email to nutritiondieteticsbd@rld.nm.gov or by postal mail to the following address:
New
Mexico Regulation and Licensing Department
Attn:
Nutrition and Dietetics Practice Board
P.O. Box 25101
Santa Fe, NM 87504
Public
comment will also be accepted during the rule hearing and may be presented
orally, or in writing. Individuals who would like to participate and offer
public comment must appear in person. The
members of the Nutrition and Dietetics Practice Board will not engage in
substantive discussion of public comments during the rule hearing but will
consider all public comments during the board meeting following the conclusion
of the rule hearing.
For
inclement weather: If New Mexico state offices are placed on a two-hour delay
due to inclement weather, the rule hearing will be pushed back two hours from
the noticed hearing time. If New Mexico state offices are closed due to
inclement weather, the rule hearing will be rescheduled as soon as possible.
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
Roxann Ortiz at 505-795-5576.
Statutory
Authority:
The
proposed rule changes are authorized by the Nutrition and Dietetics Practice
Act, Sections 61-7A-1 through 61- 7A-15 NMSA 1978, which provides explicit
authority for the board to promulgate rules to protect public health and safety
and carry out the provisions of the Act. The rulemaking and public rule hearing
is governed by the State Rules Act, Sections 14-4-1 through 14-4-11 NMSA 1978,
and the Default Procedural Rule for Rulemaking promulgated by the New Mexico
Department of Justice, Parts 1.24.25.1 through 1.24.25.16 NMAC.
Purpose
of the Proposed Rules:
The
proposed rule changes aim to implement changes to the provisions of The
Telehealth Act, Section 24-25-5 NMSA 1978, made by Sente Bill 252 in the 2025
legislative session for all licensees practicing under supervision. The changes
will also introduce fees for returned payments and establish disciplinary
measures for failure to comply with continuing education (CE) audit
requirements. More broadly, the proposed revisions are intended to provide
greater clarity regarding existing regulatory and statutory obligations. These
changes are designed to support the Board’s statutory mandate to promote,
preserve, and protect the health, safety, and welfare of the public.
Summary
of Proposed Changes:
16.14.2.7
NMAC: Fees: Adding fees for returned electronic and paper check payments
16.14.3.8
NMAC: Requirements for Dietitian License: Removing background check as it is
not required in statute.
16.14.3.9 NMAC: Requirements for Nutritionist
License: Removing background check as it is not required in statute.
16.14.3.10
NMAC: Requirements for Nutrition Associate License: Removing background check
as it is not required in statute.
16.14.3.11
NMAC: Initial Licenses and License Period: Removing background check as it is
not required in statute.
16.14.6.10
NMAC: Continuing Education Requirements: Adding language for auditing
continuing education certificates and the licensee’s responsibility for record
keeping of continuing education.
16.14.11.11NMAC:
Disciplinary Guidelines: Adding language for discipline for those licensees
that do not meet the required continuing education requirements.