New Mexico Register / Volume XXXIII, Issue 6 / March 22, 2022

 

 

TITLE 16           OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 4       CHIROPRACTIC PRACTIONERS

PART 23              LICENSURE FOR MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS

 

16.4.23.1               ISSUING AGENCY:  New Mexico Regulation and Licensing Department New Mexico Board of Chiropractors.

[16.4.23.1 NMAC - Rp 16.4.23.1 NMAC, 4/9/2022]

 

16.4.23.2               SCOPE:  This part sets forth application procedures to expedite licensure for military service members, spouses, dependent children and veterans.

[16.4.23.2 NMAC - Rp 16.4.23.2 NMAC, 4/9/2022]

 

16.4.23.3               STATUTORY AUTHORITY:  These rules of practice and procedure govern the practice of chiropractic in New Mexico and are promulgated pursuant to and in accordance with the Uniform Licensing Act (ULA), Section 61-1-34 NMSA 1978 and the Chiropractic Physicians Act, Section 61-1-34 NMSA 1978.

[16.4.23.3 NMAC - Rp 16.4.23.3 NMAC, 4/9/2022]

 

16.4.23.4               DURATION:  Permanent.

[16.4.23.4 NMAC - Rp 16.4.23.4 NMAC, 4/9/2022]

 

16.4.23.5               EFFECTIVE DATE:  April 9, 2022 unless a later date is cited at the end of a section.

[16.4.23.5 NMAC - Rp 16.4.23.5 NMAC, 4/9/2022]

 

16.4.23.6               OBJECTIVE:  The purpose of this part is to expedite licensure for military service members, spouses and veterans pursuant to the ULA, Section 61-1-34 NMSA 1978.

[16.4.23.6 NMAC - Rp 16.4.23.6 NMAC, 4/9/2022]

 

16.4.23.7               DEFINITIONS:

                A.            “License” means a license, registration, certificate of registration, certificate, permit or certification.

                B.            “Licensing fee” means a fee charged at the time an application for a professional or occupational license is submitted to the state agency, board or commission, and any fee for the processing of the application for such license, “licensing fee” does not include a fee for an annual inspection or examination of a licensee or a fee charged for copies of documents, replacement license or other expenses related to a professional or occupational license.

                C.            “Military service member” means a person who is:

                                (1)           serving in the armed forces of the United States as an active duty member or in an active reserve component of the armed forces of the United States, including the national guard, or a surviving spouse of a member who at the time of the member’s death was serving on active duty; or.

                                (2)           the spouse of a person who is serving in the armed forces of the United States or in an active reserve component of the armed forces of the United States, including the national guard, or a surviving spouse of a member who at the time of the member’s death was serving on active duty; or

                                (3)           the child of a person who is serving in the armed forces of the United States as an active duty member, or in an active reserve component of the armed forces of the United States, including the national guard; provided that the child is also a dependent of that person for federal income tax purposes; and

                                (4)           a veteran.

                D.            “Veteran” means a person who has received an honorable discharge or separation from military service.

                E.            “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 Chiropractic Physicians Act, Sections 61-4-1 through 17 NMSA 1978.

[16.4.23.7 NMAC - Rp 16.4.23.7 NMAC, 4/9/2022]

 

16.4.23.8               APPLICATION REQUIREMENTS:

                A.            In accordance with the ULA Section 61-1-34 NMSA 1978, the board shall expedite the issuance of a license to practice chiropractic in New Mexico for doctors who provide evidence of meeting the following minimal requirements.  Applications for registration shall be completed on a form provided by the board.

                B.            The completed application shall include the following information:

                                (1)           the applicant’s full name;

                                (2)           current mailing address;

                                (3)           current electronic mailing address, if any;

                                (4)           date of birth;

                                (5)           background check if required; and

                                (6)           proof as described in subsection C below.

                C.            The applicant shall provide the following satisfactory evidence:

                                (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;

                                (3)           the following documentation:

                                                (a)           a copy of military orders for military service members;

                                                (b)           a copy of military service member’s military orders and a copy of marriage license for spouses of military service members;

                                                (c)           for spouses of deceased military members; a copy of the decedent’s DD214 and a copy of marriage license;

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

                                                (e)           for veterans (retired or separated): a copy of DD214 showing proof of honorable discharge.

                D.            The license shall be issued by the board as soon as is practicable but no later than 30 days after a qualified military service member, spouse, dependent child or veteran files a complete application and pays any required fees.

                E.            A license issued pursuant to this rule shall be valid for the time period that is specified in the Chiropractic Physician’s Act, Sections 61-4-1 through-17 NMSA 1978.

                F.            Electronic signatures will be acceptable for applications submitted pursuant to the Uniform Electronic Transactions Act, Section 14-16-1 through-21 NMSA 1978.

[16.4.23.8 NMAC - Rp 16.4.23.8 NMAC, 4/9/2022]

 

16.4.23.9               FEES: Military service members and veterans shall not pay and the board shall not charge a licensing fee for the first three years for a licenses issued pursuant to this rule.

[16.4.23.9 NMAC - Rp 16.4.23.9 NMAC, 4/9/2022]

 

16.4.23.10             RENEWAL REQUIREMENTS:

                A.            A license issued pursuant to this section shall not be renewed unless the license holder satisfies the requirements for renewal of a license set forth in 16.4.9 NMAC and Section 61-4-13 NMSA 1978.

                B.            The board will send, via electronic mail, license renewal notifications to licensees or registrants before the license expiration date to the last known electronic mail 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.

[16.4.23.10 NMAC - Rp 16.4.23.10 NMAC, 4/9/2022]

 

HISTORY OF 16.4.23 NMAC: [RESERVED]

 

History of Repealed Material:  16.4.23 NMAC, Licensure for Military Service Members, Spouses and Veterans filed 1/2/2015 Repealed effective 8/10/2019.

16.4.23 NMAC, Licensure for Military Service Members, Spouses and Veterans filed 7/10/2019 Repealed effective 4/9/2022.

 

Other History:  16.4.23 NMAC, Licensure for Military Service Members, Spouses and Veterans filed 1/2/2015 was replaced by 16.4.23 NMAC, Licensure for Military Service Members, Spouses and Veterans effective 8/10/2019.

16.4.23 NMAC, Licensure for Military Service Members, Spouses and Veterans filed 7/10/2019 was replaced by 16.4.23.10 NMAC, Licensure for Military Service Members, Spouses and Veterans effective 4/9/2022.