New Mexico Register / Volume
XXXIII, Issue 2 / January 26, 2022
TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 2 ACUPUNCTURE
AND ORIENTAL MEDICINE PRACTITIONERS
PART 21 LICENSURE
FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS
16.2.21.1 ISSUING AGENCY: New
Mexico Board of Acupuncture and Oriental Medicine.
[16.2.21.1 NMAC - Rp,
16.2.21.1 NMAC, 2/11/2022]
16.2.21.2 SCOPE: This
part sets forth application procedures to expedite licensure for military
service members, spouses, and veterans.
[16.2.21.2 NMAC - Rp,
16.2.21.2 NMAC, 2/11/2022]
16.2.21.3 STATUTORY AUTHORITY: These
rules are promulgated pursuant to and in accordance with the Acupuncture and
Oriental Medicine Practice Act, Sections 61-14A-1 to -22 NMSA 1978, (specific
authority to promulgate rules is Subsection B of 61-14A-8 NMSA 1978, and
Section 61-1- (HB 180) NMSA
1978.
[16.2.21.3 NMAC - Rp,
16.2.21.3 NMAC, 2/11/2022]
16.2.21.4 DURATION: Permanent.
[16.2.21.4 NMAC - Rp,
16.2.21.4 NMAC, 2/11/2022]
16.2.21.5 EFFECTIVE DATE: February 11, 2022 unless a later date is cited at the end of a section.
[16.2.21.5 NMAC - Rp,
16.2.21.5 NMAC, 2/11/2022]
16.2.21.6 OBJECTIVE: The
purpose of this part is to expedite licensure for military service members,
their spouses and veterans pursuant to Section 61-1-34 NMSA 1978.
[16.2.21.6 NMAC - Rp,
16.2.21.6 NMAC, 2/11/2022]
16.2.21.7 DEFINITIONS:
A. “License”
is a doctor of oriental medicine pursuant to the Act.
B. “Licensee” has the same meaning
as defined in Paragraph (1) of Subsection F of Section 61-1-34 NMSA 1978.
C. “Licensing
fee” has the same meaning as defined in Paragraph (2) of Subsection F of
Section 61-1-34 NMSA 1978.
D. “Military service member” has the same meaning as defined in Paragraph
(3) of Subsection F of Section 61-1-34 NMSA 1978.
E. “Recent veteran” means a
person who has received an honorable discharge or separation from military
service within the two years immediately preceding the date the person applied
for an occupational or professional license pursuant to this section.
F. “Substantially 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.
G. “Veteran”
has the same meaning as defined in Paragraph (4) of Subsection F of Section
61-1-34 NMSA 1978.
[16.2.21.7 NMAC - Rp,
16.2.21.7 NMAC, 2/11/2022]
16.2.21.8 APPLICATION
REQUIREMENTS:
A. Applications for
licensure shall be completed on a form provided by the board.
B. The
applicant shall provide a complete application that includes the following
information:
(1) a completed application and
corresponding fee pursuant to 16.2.10.9 NMAC;
(2) satisfactory
evidence that the applicant is currently licensed in another jurisdiction,
including a branch of the United States armed forces, and holds a current
license in good standing; the applicant further must provide satisfactory
evidence that he has met the minimal licensing requirements in that
jurisdiction and that they are substantially equivalent to the licensing
requirements for New Mexico licensees in acupuncture and oriental medicine; and
(3) proof
of honorable discharge (DD214) or military ID card or accepted proof of
military spouse status.
(4) proof
as described in Subsection C below.
C. The applicant shall provide the
following satisfactory evidence as follows:
(1) applicant is
currently licensed and in good standing in another jurisdiction, including a
branch of the United States armed forces;
(2) applicant
has met the minimal licensing requirements in that jurisdiction and the minimal
licensing requirements in that jurisdiction are substantially equivalent to the
licensing requirements for New Mexico; and
(3) the
following documentation:
(a) for military service member: 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: copy military service member’s orders listing dependent child,
or a copy of military orders and one of the following: copy of birth
certificate, military service member’s federal tax return or other government
or judicial documentation establishing dependency;
(e) for veterans (retired or separated):
copy of DD 214 showing proof of honorable discharge.
D. The
license or registration shall be issued by the board/commission as soon as
practicable but no later than 30 days after a qualified military service
member, spouse, dependent child, or veteran files a complete application and
provides a background check if required for a license, and any required fees.
E. Military service members and veterans
shall not pay and the board shall not charge a licensing fee for the first
three years for a license issued pursuant to this rule.
F. A
license issued pursuant to this section shall be valid for the time period that
is specified in the Acupuncture and Oriental Medicine Practice Act, Sections
61-14A-1 NMSA 1978, et. seq.
[16.2.21.8 NMAC - Rp,
16.2.21.8 NMAC, 2/11/2022]
16.2.21.9 RENEWAL
REQUIREMENTS:
A. A license issued pursuant to this section shall not be renewed unless the license holder satisfies the requirements for the issuance specified in 16.2.3 NMAC, application for licensure or 16.2.17 NMAC licensure by endorsement and for the renewal of a license specified in 16.2.8 NMAC pursuant to 61-14A-15 NMSA 1978.
B. A license issued
pursuant to this section shall be valid for one year or until July 31 unless
renewed.
C. The board office
mails license renewal notifications to licensees before the license expiration
date. Failure to receive the renewal notification shall not relieve the licensee
of the responsibility of renewing the license by the expiration date.
D. The renewal
application will be available online at the board’s website and in paper copy
if requested from the board office and must be received at the board office on
or before July 31, except that licenses initially issued after May 1 shall not
expire until July 31 of the next renewal period.
F. As a courtesy, the
board, will send via electronic mail license renewal notifications to licensees
or registrants before the license expiration date to the last known email
address on file with the board. Failure
to receive the renewal notification shall not relieve the licensee or
registrant of the responsibility of timely renewal on or before the expiration
date.
[16.2.21.9 NMAC - Rp,
16.2.21.9 NMAC, 2/11/2022]
History of 16.2.21 NMAC:
16.2.21.9 NMAC, Acupuncture And
Oriental Medicine Practitioners - Licensure For Military Service Members,
Spouses And Veterans filed 1/31/2014 Repealed effective 2/11/2022.
Other History:
16.2.21.9 NMAC, Acupuncture And
Oriental Medicine Practitioners - Licensure For Military Service Members,
Spouses And Veterans filed 1/31/2014 was Replaced by 16.2.21.9 NMAC, Acupuncture And Oriental Medicine Practitioners - Licensure For Military
Service Members, Spouses And Veterans effective 2/11/2022.