TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 6 NAPRAPATHIC PRACTITIONERS
PART 11 PARENTAL RESPONSIBILITY ACT
16.6.11.1 ISSUING AGENCY: New Mexico Medical Board,
hereafter called the board.
[16.6.11.1 NMAC - N,
09-30-04; A, 9-22-11]
16.6.11.2 SCOPE:
This part applies to the board, licensees, applicants, and the general
public.
[16.6.11.2 NMAC - N,
09-30-04]
16.6.11.3 STATUTORY AUTHORITY: This part is adopted pursuant to and in
accordance with the Naprapathic Practice Act, Sections 61-12F-1 through
61-12F-11 NMSA 1978.
[16.6.11.3 NMAC - N,
09-30-04; A, 9-22-11]
16.6.11.4 DURATION: Permanent.
[16.6.11.4 NMAC - N,
09-30-04]
16.6.11.5 EFFECTIVE DATE: September 30, 2004, unless a later date is
cited at the end of a section.
[16.6.11.5 NMAC - N,
09-30-04]
16.6.11.6 OBJECTIVE: This part establishes the requirements for
compliance of the Parental Responsibility Act as it pertains to licensees and
applicants for licensure.
[16.6.11.6 NMAC - N,
09-30-04]
16.6.11.7 DEFINITIONS:
A. “HSD” means the
New Mexico human services department.
B. “Statement of
compliance” means a certified statement from HSD stating that an applicant
or licensee is in compliance with a judgment and order for support.
C. “Statement of
non-compliance” means a certified statement from HSD stating that an
applicant or licensee is not in compliance with a judgment and an order for
support.
[16.6.11.7 NMAC - N,
09-30-04]
16.6.11.8 PARENTAL RESPONSIBILITY ACT:
A. The board adopts this section pursuant to the Parental
Responsibility Act (Ch. 25, Laws of 1995).
B. All terms defined in the Parental Responsibility Act
shall have the same meanings in this section.
[16.6.11.8 NMAC - N,
09-30-04]
16.6.11.9 DISCIPLINARY ACTION: If an
applicant or licensee is not in compliance with a judgment and order for
support, the board:
A. shall deny an application for a license;
B. shall deny the renewal of a license; and
C. has grounds for suspension or revocation of the license.
[16.6.11.9 NMAC - N,
09-30-04]
16.6.11.10 CERTIFIED LIST: Upon
receipt of HSD's certified list of obligors not in compliance with a judgment
and order for support, the board shall match the certified list against the
current list of board licensees and applicants.
Upon the later receipt of an application for license or renewal, the
board shall match the applicant against the current certified list. By the end of the month in which the
certified list is received, the board shall report to HSD the names of board
applicants and licensees who are on the certified list and the action the board
has taken in connection with such applicants and licensees.
[16.6.11.10 NMAC -
N, 09-30-04]
16.6.11.11 INITIAL ACTION: Upon
determination that an applicant or licensee appears on the certified list, the
board shall:
A. commence a formal proceeding in accordance with the
Uniform Licensing Act (61-1-1 et seq.) to take the appropriate action pursuant
to the Parental Responsibility Act; or
B. for current licensees only, informally notify the
licensee that the licensee's name is on the certified list, and that the
licensee must provide the board with a subsequent statement of compliance from
HSD for license renewal or a specified date not to exceed thirty days; if the
licensee fails to provide this statement, the board shall commence a formal
proceeding in accordance with the Uniform Licensing Act.
[16.6.11.11 NMAC -
N, 09-30-04; A, 9-22-11]
16.6.11.12 NOTICE OF CONTEMPLATED ACTION: Prior
to taking any action pursuant to the Uniform Licensing Act, the board shall
serve upon the applicant or licensee a written notice stating that:
A. the board has grounds to take such action, and that the
board shall take such action unless the licensee or applicant:
(1) mails a letter
(certified mail return receipt requested) within twenty (20) days after service
of the notice requesting a hearing; or
(2) provides the
board, within thirty (30) days of the date of the notice, with a statement of
compliance from HSD;
B. if the applicant or licensee disagrees with the
determination of non-compliance, or wishes to come into compliance, the
applicant or licensee should contact the HSD child support enforcement
division.
[16.6.11.12 NMAC -
N, 09-30-04]
16.6.11.13 EVIDENCE AND PROOF: In
any hearing pursuant to the Uniform Licensing Act, relevant evidence is limited
to the following:
A. a statement of non-compliance is conclusive evidence that
requires the board to take the appropriate action pursuant to the Parental
Responsibility Act, unless:
B. the applicant or licensee provides the board with a
subsequent statement of compliance which shall preclude the board from taking
any action under the Uniform Licensing Act.
[16.6.11.13 NMAC -
N, 09-30-04]
16.6.11.14 ORDER: When
a disciplinary action is taken pursuant to the Uniform Licensing Act solely
because the applicant or licensee is not in compliance with a judgment and
order for support, the order shall state that the application or license shall
be reinstated upon presentation of a subsequent statement of compliance. The board may also include any other
conditions necessary to comply with board requirements for re-applications or
reinstatement of lapsed licensees.
[16.6.11.14 NMAC -
N, 09-30-04]
HISTORY OF
16.6.11 NMAC: [Reserved]