PART 4                 PROVISIONAL PERMITS               ISSUING AGENCY:  Nutrition and Dietetic Practice Board, P.O. Box 25101, Santa Fe, New Mexico 87504.

[ NMAC - Rp, 16 NMAC 14.4.1 NMAC, 08/01/2011]               SCOPE:  All individuals applying for licensure to practice as a dietitian or nutritionist in New Mexico.

[ NMAC - Rp, 16 NMAC 14.4.2, 08/01/2011]               STATUTORY AUTHORITY:  Section 61-7A-9 NMSA 1978 (1993 Repl. Pamp.).

[ NMAC - Rp, 16 NMAC 14.4.3, 08/01/2011]               DURATION:  Permanent.

[ NMAC - Rp, 16 NMAC 14.4.4, 08/01/2011]               EFFECTIVE DATE:  08/01/2011, unless a later date is cited at the end of a section.

[ NMAC - Rp, 16 NMAC 14.4.5, 08/01/2011]               OBJECTIVE:  To establish procedures to issue provisional permits to applicants who have met all relevant education and experience requirements and who are waiting to take the required examination, or applicants who have met all the requirements but are waiting for board approval of the application.

[ NMAC - Rp, 16 NMAC 14.4.6, 08/01/2011]               DEFINITIONS:  “Provisional permit” means a permit which allows the applicant to work as a dietitian or nutritionist while waiting for board approval of the application or for the applicant to take the examination required for licensure.

[ NMAC - Rp, 16 NMAC 14.4.7, 08/01/2011]               PROCEDURE FOR ISSUANCE:  A provisional permit to practice as a dietitian or nutritionist may be issued by the board administrator upon receipt of a completed application. A provisional permit may not be issued until the application is complete, except for required examinations, and the initial application fee has been paid.

[ NMAC - Rp, 16 NMAC 14.4.8, 08/01/2011]               DIETITIANS:  The application must include proof of completion of the education and experience required for registration as a dietitian with CDR.

[ NMAC - Rp, 16 NMAC 14.4.9, 08/01/2011]             NUTRITIONISTS:  The application must include proof of completion of the education or membership requirements for licensure in Paragraph (1) of Subsection A of NMAC.

[ NMAC - Rp, 16 NMAC 14.4.10, 08/01/2011]             PERMIT PERIOD:  The provisional permit may be issued for a period not to exceed six months. This period will allow the applicant to take the exam, be notified of the results and the board to act on the request for licensure.

                A.            If the permit holder passed the exam and is approved for licensure, payment of the initial license fee must be received before the expiration of the permit.

                B.            If the permit holder fails the third exam taken, the provisional permit is null and void effective the date results are obtained, unless an exception is recognized by CDR.

                C.            Applications will be maintained for one year following the date of receipt by the board office.

[ NMAC - Rp, 16 NMAC 14.4.11, 08/01/2011]             RE-ISSUANCE OF PERMITS:  Individuals who do not pass the CDR examination after three attempts may not be issued an additional provisional permit. Individuals who are unable to take or complete the examination and have been excused by the board in accordance with NMAC will be issued one additional provisional permit.

[ NMAC - Rp, 16 NMAC 14.4.12, 08/01/2011]



Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center:

N&D Rule 90-6, Provisional Permit, filed 2/28/90.

Rule 92-6, Provisional Permit, filed 3/26/92.

Rule 4, Provisional Permit, filed 3/8/93.


History of Repealed Material:

16 NMAC 14.4, Provisional Permits, filed 8/19/1996 - Repealed effective 08/01/2011.