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.