New Mexico Register / Volume XXXIII, Issue 23 / December 13, 2022

 

 

TITLE 16             OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 3       ATHLETIC TRAINERS

PART 10              EXPEDITED LICENSURE

 

16.3.10.1               ISSUING AGENCY:  New Mexico athletic trainer practice board.

[16.3.10.1 NMAC - Rp, 16.3.10.1 NMAC, 12/30/2022]

 

16.3.10.2               SCOPE:  The provisions in Part 10 of Chapter 3 apply to all applicants for expedited licensure.

[16.3.10.2 NMAC - Rp, 16.3.10.2 NMAC, 12/30/2022]

 

16.3.10.3               STATUTORY AUTHORITY:  These rules are promulgated pursuant to the Athletic Trainer Practice Act, Sections 61-14D-1 to -19 NMSA 1978.

[16.3.10.3 NMAC - Rp, 16.3.10.3 NMAC, 12/30/2022]

 

16.3.10.4               DURATION:  Permanent.

[16.3.10.4 NMAC - Rp, 16.3.10.4 NMAC, 12/30/2022]

 

16.3.10.5               EFFECTIVE DATE:  December 30, 2022, unless a later date is cited at the end of a section.

[16.3.10.5 NMAC - Rp, 16.3.10.5 NMAC, 12/30/2022]

 

16.3.10.6               OBJECTIVE:  The objective of Part 10 is to promote, preserve and protect the public health, safety and welfare by regulating and setting professional standards for applicants for expedited licensure.

[16.3.10.6 NMAC - Rp, 16.3.10.6 NMAC, 12/30/2022]

 

16.3.10.7               DEFINITIONS: 

                A.            “Eligible jurisdiction” means:

                                (1)           any state or territory of the United States except those included in the list of disapproved licensing jurisdictions in 16.3.10.8 NMAC; and

                                (2)           any foreign country included in 16.3.10.9 NMAC.

                B.            “Expedited license” means a provisional license that confers the same rights, privileges and responsibilities as a regular license issued by the board.

                C.            “Good standing” means a license or registration is active and not expired, suspended, revoked, surrendered, conditioned, or otherwise in a status that in any manner restricts the activity of a licensee or registrant under the authority of the license.

                D.            “Jurisdiction” has the same meaning as defined in Subsection F of Section 61-1-2 NMSA 1978.

                E.            “Licensing fee” has the same meaning as defined in Paragraph (1) of Subsection E of Section 61-1-34 NMSA 1978.

                F.            “Military service member” has the same meaning as defined in Paragraph (2) of Subsection E of Section 61-1-34 NMSA 1978.

                G.            “Qualified applicant” means an applicant who:

                                (1)           holds a current license in good standing in another jurisdiction, provided that an applicant who is not a military service member or veteran must hold a current license in good standing in an eligible jurisdiction;

                                (2)           does not have a disqualifying criminal conviction, as defined the board’s rules; and

                                (3)           is not subject to pending disciplinary action in New Mexico.

                H.            “Veteran” has the same meaning as defined in Paragraph (3) of Subsection E of Section 61-1-34 NMSA 1978.

[16.3.10.7 NMAC - Rp, 16.3.10.7 NMAC, 12/30/2022]

 

16.3.10.8               LIST OF DISAPPROVED LICENSING JURISDICTIONS; REASONS.

                A.            No state or territory of the United States that currently licenses, registers, or certifies athletic trainers is disapproved or excluded from expedited licensure under Section 61-14D-4.1 NMSA 1978, of the Athletic Trainer Practice Act.

                B.            An applicant may not apply for expedited licensure on the basis of practice in any jurisdiction that does not license, register, or certify athletic trainers, including each of the following:

                                (1)           American Samoa

                                (2)           California

                                (3)           Guam

                                (4)           Northern Mariana Islands

                                (5)           Puerto Rico

                                (6)           Virgin Islands

[16.3.10.8 NMAC - Rp, 16.3.10.8 NMAC, 12/30/2022]

 

16.3.10.9               [RESERVED]

[16.3.10.9 NMAC - N, 11/23/2006; Repealed 12/30/2022]

 

16.3.10.10             EXPEDITED LICENSURE APPLICATION

                A.            A candidate for expedited licensure under Section 61-1-31.1 NMSA 1978 must submit to the board a complete application containing all of the following:

                                (1)           A completed and signed application form;

                                (2)           Proof of current licensure in an eligible jurisdiction as defined in these rules;

                                (3)           Certificate of good standing for the license held by the applicant in an eligible jurisdiction; and

                                (4)           Payment of the required application fee.

                B.            An expedited license application shall not be deemed complete until the applicant has submitted, and the board’s staff is in receipt of, all of the materials required by subsection A, including documentation from third parties.

                C.            Upon receipt of a complete application, the board’s staff shall process the application and issue the expedited license to a qualified applicant within 30 days.

                D.            If the applicant has a disqualifying criminal conviction or the board may have other cause to deny the application pursuant to Section 61-14D-16 NMSA 1978:

                                (1)           The matter of the applicant’s application shall be submitted to the board for consideration and action at its next available regular meeting;

                                (2)           The license may not be issued within 30 days of submission of the complete application; and

                                (3)           The board may vote to grant the application or refer the matter to its administrative prosecutor for denial of the application as provided by the board’s rules.

[16.3.10.10 NMAC – N, 12/30/2022]

 

16.3.10.11             EXPEDITED LICENSURE APPLICATION FOR MILITARY SERVICE MEMBERS AND VETERANS

                A.            A candidate for expedited licensure under Section 61-1-34 NMSA 1978 must submit to the board a complete application containing all of the following:

                                (1)           A completed and signed application form;

                                (2)           proof of current licensure in another jurisdiction;

                                (3)           certificate of good standing for the license held by the applicant in another jurisdiction, including a branch of the United States armed forces.

                                (4)           Submission of the following documentation:

                                                (i)            for military service member: a copy of military orders;

                                                (ii)           for spouse of military service members: copy of military service member’s military orders, and copy of marriage license;

                                                (iii)         for spouses of deceased military service members: copy of decedent’s DD 214 and copy of marriage license;

                                                (iv)          for dependent children of military service members: a copy of military service member’s orders listing dependent child, or a copy of military orders and one of the following: a copy of birth certificate, military service member’s federal tax return or other governmental or judicial documentation establishing dependency;

                                                (v)           for veterans (retired or separated): a copy of DD 214 showing proof of honorable discharge.

                B.            An expedited license application shall not be deemed complete until the applicant has submitted, and the board’s staff is in receipt of, all of the materials required by Subsection A, including documentation from third parties.

                C.            Upon receipt of a complete application, the board’s staff shall process the application and issue the expedited license to a qualified applicant within 30 days.

                D.            If the applicant has a disqualifying criminal conviction or the board may have other cause to deny the application pursuant to Section 61-14D-16 NMSA 1978:

                                (1)           The matter of the applicant’s application shall be submitted to the board for consideration and action at its next available regular meeting;

                                (2)           The license may not be issued within 30 days of submission of the complete application; and

                                (3)           The board may vote to grant the application or refer the matter to its administrative prosecutor for denial of the application as provided by the board’s rules.

                E.            A military service member or veteran who is issued an expedited license shall not be charged a licensing fee for the first three years of licensure with the board.

[16.3.10.11 NMAC - N, 12/30/2022]

 

16.3.10.12             EXPEDITED LICENSE DURATION AND RENEWAL

                A.            An expedited license shall be valid for the same length of time as a regular license issued by the board and must be renewed on or before August 31 of each year, as provided by 16.3.7.8 NMAC. Initial licenses, including expedited licenses, may be issued for a period greater than twelve months, but less than twenty-four months, in order to align the license expiration date with the board’s renewal cycle.

                B.            A licensee holding an expedited license may apply for license renewal in the manner provided by the board’s rules, provided that, upon renewal, the licensee must also satisfy the following examination requirements:

                                (1)           The licensee shall be required to pass the New Mexico jurisprudence examination.

                                (2)           If the licensee holding an expedited license was not required by the licensee’s original jurisdiction outside of New Mexico to pass the BOC examination, the licensee shall be required to do so as a prerequisite to license renewal.

                C.            Upon renewal, the board shall issue a regular license to a licensee holding an expedited license issued pursuant to these rules.

[16.3.10.12 NMAC - N, 12/30/2022]

 

History of 16.3.10 NMAC:

 

16.3.10 NMAC – Emergency Licensure filed 11/23/2006, was repealed and replaced by 16.3.10 NMAC – Expedited Licensure, effective 12/30/2022.