TITLE 16 OCCUPATIONAL
AND PROFESSIONAL LICENSING
CHAPTER 2 ACUPUNCTURE
AND ORIENTAL MEDICINE PRACTITIONERS
PART 1
GENERAL PROVISIONS
16.2.1.1
ISSUING AGENCY: New Mexico
Board of Acupuncture and Oriental Medicine.
[16.2.1.1
NMAC - Rp, 16.2.1.1 NMAC 02/11/2022]
16.2.1.2
SCOPE: All
licensed doctors of oriental medicine, applicants, temporary licensees,
applicants for temporary licensure, doctors of oriental medicine certified for
expanded practice and applicants for certification, educational courses,
externs, auricular detoxification specialists, educational programs and
applicants for approval of educational programs.
[16.2.1.2 NMAC - Rp,
16.2.1.2 NMAC 02/11/2022]
16.2.1.3
STATUTORY AUTHORITY: This
part is promulgated pursuant to the Acupuncture and Oriental Medicine Practice
Act, Sections 61-14A-1, 2, 3, 7, 8, 8.1, 14.1 and 9, NMSA 1978.
[16.2.1.3 NMAC - Rp,
16.2.1.3 NMAC 02/11/2022]
16.2.1.4
DURATION: Permanent.
[16.2.1.4 NMAC - Rp,
16.2.1.4 NMAC 02/11/2022]
16.2.1.5
EFFECTIVE DATE:
February 11, 2022 unless a later date is cited
at the end of a section or paragraph.
[16.2.1.1 NMAC - Rp,
16.2.1.1 NMAC 02/11/2022]
16.2.1.6
OBJECTIVE: This
part provides definitions for terms used in the rules in addition to those
definitions in the Act, lists the board’s duties, clarifies what are not public
records, provides for inspection of the board’s public records, and provides
for telephone conferences.
[16.2.1.1 NMAC - Rp,
16.2.1.1 NMAC 02/11/2022]
16.2.1.7 DEFINITIONS: The following definitions apply to the rules and the act.
A. Definitions
beginning with “A”:
(1) “A4M” is the American academy of
anti-aging medicine.
(2) “ACAM” is the American college of
alternative medicine.
(3) "ACAHM" is the accreditation
commission for acupuncture and herbal medicine, formerly known as and synonymous with the accreditation commission for
acupuncture and oriental medicine, (ACAOM), and any previous or former names
used by the institution including the national accreditation commission for
schools and colleges of acupuncture and oriental medicine, (ACSCAOM).
(4) “Act”
is the Acupuncture and Oriental Medicine Practice Act, Sections 61-14A-1
through 61-14A-22 NMSA 1978.
(5) “AMA” is the American medical
association.
(6) “Animal acupuncture” is acupuncture
performed on any animal other than man.
Animal acupuncture is authorized under the supervision of a doctor of veterinary medicine licensed in New Mexico and
only under the guidelines of the rules of the New Mexico Veterinary Practice
Act 61-14-1 to 61-14-20 NMSA 1978 and the rules of the New Mexico board of
veterinary medicine 16.25.9.15 NMAC.
(7) “Applicant” is a person who has submitted
to the board an application for licensure as a doctor of oriental medicine.
(8) “Applicant for temporary licensure” is
a person who has submitted to the board an application for temporary licensure
as a doctor of oriental medicine.
(9) “Auricular acupuncture detoxification”
is an acupuncture related technique used only in the treatment and prevention
of alcoholism, substance abuse and chemical dependency. Auricular acupuncture detoxification may be
described or referred to as “auricular detoxification”, “acupuncture
detoxification”, “auricular acupuncture detoxification”, or “acudetox”.
(10) “Auricular detoxification specialist
supervisor” is a doctor of oriental medicine registered with the board
under the provisions of 16.2.16.18 NMAC.
(11) “Auricular detoxification specialist
training program” is a training program approved by the board under the
provisions of 16.2.16.26 NMAC to train certified auricular detoxification
specialists and auricular detoxification supervisors.
(12) “Auricular detoxification specialist
training program trainer” is a member of the staff of an auricular
detoxification specialist training program who, though not necessarily licensed
or certified by the state, shall be deemed to be a certified auricular
detoxification specialist only for the purposes of and only for the duration of
the auricular detoxification specialist training program.
(13) “Authorized substances” are the
specific substances defined in the four certification
in 16.2.20 NMAC that are authorized according to Paragraph (1) of Subsection C
of Section 61-14A-8 NMSA 1978 of the act for prescription, administration,
compounding and dispensing by a doctor of oriental medicine certified for a
specific category of expanded practice as defined in 16.2.19 NMAC.
B. Definitions beginning with “B”:
(1) "Bioidentical hormones" means
compounds, or salt forms of those compounds, that have exactly
the same chemical and molecular structure as hormones that are produced
in the human body.
(2) “Biomedical diagnosis” is a diagnosis
of a person’s medical status based on the commonly agreed upon guidelines of
conventional biomedicine as classified in the most current edition or revision
of the international classification of diseases, ninth revision, clinical
modification (ICD-9-CM).
(3) “Biomedicine” is the application of the
principles of the natural sciences to clinical medicine.
C. Definitions beginning with “C”:
(1) “Certified auricular detoxification
specialist” is a person certified by the board under the provisions of
16.2.16.10 NMAC to perform auricular detoxification techniques, only on the
ears, only in the context of an established treatment program and only under
the supervision of an auricular detoxification supervisor registered with the
board. A person certified pursuant to
Paragraph (1) of Subsection B of 61-14A-4 NMSA 1978 shall use the title of
“certified auricular detoxification specialist” or “C.A.D.S.”
(2) “Chief officer” is the board’s
chairperson or his or her designee serving to administer the pre-hearing
procedural matters of disciplinary proceedings.
(3) “Clinical experience” is the practice
of acupuncture and oriental medicine as defined in the act, after initial
licensure, certification, registration or legal recognition in any jurisdiction
to practice acupuncture and oriental medicine.
A year of clinical experience shall consist of not less than 500 patient
hours of licensed acupuncture and oriental medical practice within a calendar
year, seeing at least 25 different patients within that year. One patient hour is defined as one clock hour
spent in the practice of oriental medicine with patients.
(4) “Clinical skills examination” is a
board approved, validated, objective practical examination that demonstrates
the applicants entry level knowledge of and competency
and skill in the application of the diagnostic and treatment techniques of
acupuncture and oriental medicine and of biomedicine.
(5) “Complainant” is the complaining party.
(6) “Complaint committee” is a board
committee composed of the complaint committee chairperson and the complaint
manager.
(7) “Complaint committee chairperson” is a
member of the board appointed by the board’s chairperson.
(8) “Complaint manager” is the board’s
administrator or any member of the board appointed by the board’s chairperson.
D. Definitions beginning with “D”:
(1) “Department” is the state of New Mexico
regulation and licensing department.
(2) "Detoxification" is a concept
in integrative medicine based on the principle that illnesses can be caused by
the accumulation of toxic substances (toxins) in the body. Therapeutic support of elimination of these
toxins is detoxification.
(3) “Doctor of oriental medicine” is a
physician licensed to practice acupuncture and oriental medicine pursuant to
the act and as such has responsibility for his or her patient as a primary care
physician or independent specialty care physician.
E. Definitions beginning with “E”:
(1) “Educational course” is a comprehensive
foundation of studies, approved by the board leading to demonstration of entry
level competence in the specified knowledge and skills required for the four
respective certifications in expanded practice. An educational course is not an
educational program as this term is used in the act and the rules and as
defined in 16.2.1 NMAC.
(2) “Educational program” is a board
approved complete formal program that has the goal of educating a person to be
qualified for licensure as a doctor of oriental medicine in New Mexico, is at
least four academic years and meets the requirements of Section 61-14A-14 NMSA
1978 of the act and 16.2.7 NMAC.
(3) “Expanded practice” is authorized by of
Section 61-14-8.1 NMSA 1978 of the act and is granted
to a doctor of oriental medicine who is certified by the board after fulfilling
the requirements, in addition to those necessary for licensure, defined in
16.2.19 NMAC. Expanded practice is in
addition to the prescriptive authority granted all licensed doctors of oriental
medicine as defined in Paragraph (2) of Subsection G of Section 61-14A-3 NMSA
1978 of the act.
(4) “Extern” is a current applicant undergoing
supervised clinical training by an externship supervisor, and who has satisfied
the application requirements for extern certification and who has received an
extern certification issued by the board pursuant to 16.2.14 NMAC.
(5) “Externship” is the limited practice of
oriental medicine in New Mexico by an extern supervised by an externship
supervisor pursuant to 16.2.14 NMAC.
(6) “Externship supervisor” is a doctor of
oriental medicine who has at least five clinical experience,
maintains a clinical facility and maintains appropriate professional and
facility insurance, and who has satisfied the board’s application requirements
for an externship supervisor and has received an externship supervisor
registration issued by the board pursuant to 16.2.14 NMAC.
F. Definitions beginning with “F”:
[RESERVED]
G. Definitions beginning with “G”: Good
cause” is the inability to comply because of serious accident, injury or
illness, or the inability to comply because of the existence of an unforeseen,
extraordinary circumstance beyond the control of the person asserting good
cause that would result in undue hardship. The person asserting good cause
shall have the burden to demonstrate that good cause exists.
H. Definitions beginning with “H”: [RESERVED]
I. Definitions beginning with “I”:
(1) “Inactive licensee” means a licensee in
good standing whose license is placed on inactive status by the board and is
therefore considered an inactive license in compliance with 16.2.15 NMAC.
(2) "ICE” is the institute for
credentialing excellence.
(3) “IFM” is the institute for functional
medicine.
J. Definitions beginning with “J”: [RESERVED]
K. Definitions beginning with “K”: [RESERVED]
L. Definitions beginning with “L”:
(1) “Licensee” is a doctor of oriental
medicine licensed pursuant to the act.
(2) “License” has the same meaning as defined in Paragraph
(1) of Subsection F of Section 61-1-34 NMSA 1978.
(3) “Licensing candidate” is an applicant
whose initial application for licensure as a doctor of oriental medicine has
been approved by the board.
(4) “Licensing fee” has the same meaning as defined in Paragraph
(2) of Subsection F of Section 61-1-34 NMSA 1978.
(5) “Licensure
by endorsement” is a licensing procedure for the experienced practitioner
who completed his initial education in acupuncture and oriental medicine prior
to the establishment of current educational standards and who has demonstrated
his or her competency through a combination of education, examination,
authorized legal practice and clinical experience as defined in 16.2.17 NMAC.
Completion of the licensure by endorsement process results in full licensure as
a doctor of oriental medicine.
(6) “Limited
temporary license” is a license issued under the provisions of 16.2.5.12
NMAC for the exclusive purpose of teaching a single complete course in
acupuncture and oriental medicine and assisting in the implementation of new
techniques in acupuncture and oriental medicine including the study of such
techniques by licensed, registered, certified or legally recognized healthcare
practitioners from jurisdictions other than New Mexico. A limited temporary license shall be required
for any person who demonstrates, practices or performs diagnostic and treatment
techniques on another person as part of teaching or assisting in the
implementation of new techniques, if they are not a licensee or temporary
licensee. Limited temporary licenses
shall not be issued to teachers for the purpose of teaching full semester
courses that are part of an approved educational program.
(7) “Live
cell products” are living cells from glandular tissues and other tissues.
M. Definitions beginning with “M”: “Military
service member” has the same meaning as defined in Paragraph (3) of
Subsection F of Section 61-1-34 NMSA 1978.
N. Definitions beginning with “N”:
(1) “Natural
substances” are substances that exist in or are produced by nature and have
not been substantially transformed in character or use.
(2) “NCA” is a notice of contemplated
action.
(3) "NCCAOM"
is the national certification commission for acupuncture and oriental medicine.
O. Definitions beginning with “O”:
(1) “Office”
is the physical facility used for the practice of acupuncture and oriental
medicine and auricular detoxification.
(2) “Oxidative medicine” is the
understanding and evaluation of the oxidation and reduction biochemical
functions of the body and the prescription or administration of substances, and
the use of devices and therapies to improve the body’s oxidation and reduction
function and health.
P. Definitions beginning with “P”: “Protomorphogens” are extracts of glandular tissues.
Q. Definitions beginning with “Q”: [RESERVED]
R. Definitions beginning with “R”:
(1) “Respondent” is the subject of the
complaint.
(2) “Rules” are the rules, promulgated
pursuant to the act, governing the implementation and administration of the act
as set forth in 16.2 NMAC.
S. Definitions beginning with “S”:
(1) “Substantial equivalent” means the determination by the board that the
education, examination, and experience requirements contained in the statutes
and rules of another jurisdiction are comparable
to, or exceed the education, examination, and experience requirements of
the Acupuncture and Oriental Medicine Practice Act, Sections 61-14A-1 NMSA 1978
et. seq.
(2) “Supervised clinical observation” is
the observation of acupuncture and oriental medical practice, in actual
treatment situations under appropriate supervision.
(3) “Supervised clinical practice” is the
application of acupuncture and oriental medical practice, in actual treatment
situations under appropriate supervision.
(4) “Supervision” is the coordination,
direction and continued evaluation at first hand of the student in training or
engaged in obtaining clinical practice and shall be provided by a qualified
instructor or tutor as set forth in 16.2.7 NMAC. No more than four students
shall be under supervision for supervised clinical practice and no more than
four students shall be under supervision for supervised clinical observation by
a qualified instructor at any time.
T. Definitions beginning with “T”:
(1) “Temporary licensee”
is a doctor of oriental medicine who holds a temporary license pursuant to the
act, 61-14-12 NMSA 1978 and 16.2.5 NMAC.
(2) “Therapeutic serum” is a product
obtained from blood by removing the clot or clot components and the blood
cells.
(3) “Treatment program” is an integrated
program that may include medical and counseling services for disease
prevention, harm reduction or the treatment or prevention of alcoholism,
substance abuse or chemical dependency that is located at a fixed location or
in a mobile unit and approved by the board under the provisions of 16.2.16.28
NMAC.
U. Definitions beginning with “U”: “USP 797” is the United States
pharmacopeia Chapter 797 pharmaceutical compounding.
V. Definitions beginning with “V”: “Veteran”
has the same meaning as defined in Paragraph (4) of Subsection F of Section
61-1-34 NMSA 1978.
W. Definitions beginning with “W”: [RESERVED]
X. Definitions beginning with “X”: [RESERVED]
Y. Definitions beginning with “Y”: [RESERVED]
Z. Definitions beginning with “Z”: [RESERVED]
[16.2.1.7 NMAC - Rp,
16.2.1.7 NMAC 02/11/2022; A, 4/25/2023]
16.2.1.8
BOARD DUTIES: In
addition to its duties described in the act, the board shall:
A. Keep a file of
all approved educational programs.
B. Issue
certificates of approval of educational programs.
C. Delegate its
ministerial duties if it so chooses.
D. Notify the governor
when any board member has missed three consecutive meetings.
E. Elect a
chairperson and a vice-chairperson at the first board meeting after January
first each year.
F. The board shall perform
such other duties and shall exercise such other powers as may be conferred upon
it by statute, or as may be reasonably implied from such statutory powers and
duties and as may be reasonably necessary in the performance of its
responsibilities under the act.
[16.2.1.8 NMAC - Rp,
16.2.1.8 NMAC 02/11/2022]
16.2.1.9
PUBLIC RECORDS: All
records kept by the board shall be available for public inspection pursuant to the
New Mexico Inspection of Public Records Act, Section 14-2-1, NMSA 1978, et
seq., except as provided herein.
A. During the
course of the processing and investigation of a complaint, and before the vote
of the board as to whether to dismiss the complaint or to issue a notice of
contemplated action as provided in the Uniform Licensing Act, Section 61-1-1,
NMSA 1978, et seq., and in order to
preserve the integrity of the investigation of the complaint, records and
documents that reveal confidential sources, methods, information or licensees
accused, but not charged yet with a violation of the act, shall be confidential
and shall not be subject to public inspection. Such records shall include
evidence in any form received or compiled in connection with any such
investigation of the complaint or of the licensee by or on behalf of the board
by any investigating agent or agency.
B. Upon the
completion of the processing and investigation of the complaint, and upon the
decision of the board to dismiss the complaint or to issue a notice of
contemplated action, the confidentiality privilege conferred by Subsection A of
16.2.1.9 NMAC shall dissolve, and the records, documents or other evidence
pertaining to the complaint and to the investigation of the complaint shall be
available for public inspection.
C. All tests and
test questions by which applicants are tested shall not be available to public
inspection, as there is a countervailing public policy requiring that such
records remain confidential in order to ensure the
integrity of a licensing exam intended to protect the public health, safety and
welfare from incompetent practitioners.
D. The board or its
administrator may charge a fee not to exceed one dollar per page for documents
11 inches by 17 inches or smaller in size for copying public records.
[16.2.1.9 NMAC - Rp,
16.2.1.9 NMAC 02/11/2022]
16.2.1.10 TELEPHONE
CONFERENCES: Pursuant to the provisions of the Open
Meetings Act, Section 10-15-1.C, NMSA 1978, as amended, board members may
participate in a meeting of the board by means of a conference telephone or
similar communications equipment when it is otherwise difficult or impossible
for the member to attend the meeting in person, provided that each board member
participating by conference telephone can be identified when speaking, all
participants are able to hear each other at the same time and members of the
public attending the meeting must be able to hear any member of the board who
speaks during the meeting. Participation
of a board member by such means shall constitute presence in person at the
meeting.
[16.2.1.10 NMAC -
Rp, 16.2.1.10 NMAC 02/11/2022]
16.2.1.11 DISASTER
OR EMERGENCY PROVISION: Doctors of oriental medicine, educational
programs and auricular detoxification specialists currently licensed and in
good standing or otherwise meeting the requirements for New Mexico licensure in
a state which a federal disaster has been declared may apply for licensure in
New Mexico under 16.2.1.11 NMAC during the four months following the declared
disaster. The application for emergency
provisional licensure shall be made to the board and shall include:
A. an application
under this provision shall be made to the board that is complete and in English
on a form provided by the board that shall include the applicant’s name,
address, date of birth and social security number accompanied by proof of
identity, which may include a copy of drivers
license, passport or other photo identification issued by a governmental
entity; and the applicants signature on the affidavit made part of the
application form;
B. an affidavit
attesting to the consequences suffered by the applicant as a
result of the federal disaster;
C. evidence of
completion of requirements specified in 16.2.3, 16.2.4, 16.2.7, 16.2.10, and
16.2.16 NMAC; if the applicant is unable to obtain documentation from the
federal declared disaster area or as a result of the declared federal disaster
the board may accept other documentation in lieu of the forms required under
16.2.3, 16.2.4, 16.2.7, 16.2.10, and 16.2.16 NMAC; the board reserves the right
to request additional documentation, including but not limited to,
recommendation forms and work experience verification forms prior to approving
licensure;
D. exceptions may
be made for good cause;
E. an affidavit
certifying that all the documents submitted with the application are true and
accurate or are faithful copies of the original;
F. nothing in this
section shall constitute a waiver of the requirements for licensure contained
in 16.2.3, 16.2.4, 16.2.7, 16.2.10, and 16.2.16 NMAC; and
G. the applicant is
responsible for reading, understanding and complying with the state of New
Mexico laws and rules regarding this application as well as the practice of
acupuncture and oriental medicine.
[16.2.1.11 NMAC -
Rp, 16.2.1.11 NMAC 02/11/2022]
History of 16.2.1 NMAC:
Pre-NMAC History:
AB 81-1, Regulations
Governing Acupuncture Practitioners, 10/5/1981
AB 82-1, Regulations
Governing Acupuncture Practitioners, 6/16/1982
AB 84-1, Regulations
Governing Acupuncture Practitioners, Tutors and Institutes, 3/13/1984
BCD 87-1, Emergency
Regulations Governing Acupuncture Practitioners, Tutors and Institutes,
10/30/1987
ACU 88-1 Regulations
Governing Acupuncture Practitioners, Tutors and Institutes, 3/13/1989
ACU 91-1,
Regulations Governing Acupuncture Practitioners, Tutors, and Institutes
Definitions, 2/18/1991
Rule 1, Regulations
Governing Acupuncture Practitioners, Tutors, and Institutes Authority and
Purpose, 8/28/1992
Rule 2, Regulations
Governing Acupuncture Practitioners, Tutors, and Institutes Definitions,
8/28/1992
ACU Rule 91-3,
Regulations Governing Acupuncture Practitioners, Tutors, and Institutes
Administrative Requirements, 2/18/1991
Rule 3, Regulations
Governing Acupuncture Practitioners, Tutors, and Institutes Administrative
Requirements,
1/26/1993
ACU Rule 91-13,
Regulations Governing Acupuncture Practitioners, Tutors, and Institutes Board
Duties, 2/18/1991
Rule 13, Regulations
Governing Acupuncture Practitioners, Tutors, and Institutes Board Duties,
8/28/1992
ACU Rule 91-15,
Regulations Governing Acupuncture Practitioners, Tutors, and Institutes
Pertaining to Open Meeting, Public Records, and Confidentiality, 2/18/1991
Rule 15, Regulations
Governing Acupuncture Practitioners, Tutors, and Institutes Pertaining to Open
Meetings, Public Records and Confidentiality, 8/28/1992
History of Repealed Material:
16.2.1 NMAC - Acupuncture
and Oriental Medicine Practitioners - General Provisions (filed 7/13/2001, Repealed effective 02/11/2022.
Other History:
Material in this
part was derived from that previously filed with the commission of public
records - state records center and archives as:
16 NMAC 2.1, Acupuncture and Oriental Medicine - General Provisions,
filed 6/14/1996 - renumbered, reformatted and amended to 16.2.1 NMAC, effective 8/13/2001
16.2.1 NMAC - Acupuncture and Oriental Medicine
Practitioners - General Provisions (filed 7/13/2001), replaced by 16.2.1 NMAC - Acupuncture and Oriental Medicine
Practitioners - General Provisions,
effective 02/11/2022.