New Mexico Register / Volume XXXIII, Issue 21 /
November 8, 2022
NOTICE OF PUBLIC RULE HEARING AND REGULAR BOARD
MEETING
The New Mexico
Board of Podiatry will hold a rule hearing on Friday, December 16, 2022, at
9:00 a.m. Following the rule hearing the
Board will convene a regular board meeting to adopt the rules and take care of
regular business. The rule hearing and
board meeting will be held at the Regulation and Licensing Department, 2550
Cerrillos Road, Santa Fe, New Mexico, for those desiring to attend in person.
The meeting will also be held via Cisco Webex Meetings
for those desiring to attend virtually.
https://nmrld.webex.com/nmrld/onstage/g.php?MTID=e256dda1d7c5e22ef93fe0f136137a5af
Meeting (Access) Code:
2496 976 7437
Join by phone: 1-415-655-0002
United States Toll
Access Code: 2496
976 7437
The purpose of the rule hearing is to consider
proposed amendments to the following rules:
16.21.2 NMAC - Fees
16.21.4 NMAC - Expedited Licensure by Reciprocity
16.21.6 NMAC - Licensure for Military Service Members,
Spouse and Veterans
16.21.7 NMAC - License Expiration and Renewal
To obtain and review copies of the proposed changes
you may go to the Board’s website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/podiatry/pod-laws-rules-and-policies/ or
contact the New Mexico Board of Acupuncture and Oriental Medicine at (505)
476-4617 or by e-mail at PodiatryBoard@state.nm.us.
The Board is currently accepting public written
comments on the proposed amendments. Please
submit written comments on the proposed changes to Martha Gallegos, Senior Board
Administrator, via electronic mail to PodiatryBoard@state.nm.us, or by regular
mail at P.O. Box 25101, Santa Fe, NM 87504, no later than Thursday, December 15,
2022. Written comments received prior to
the rule hearing will be posted to the RLD website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/podiatry/pod-board-information/pod-board-meetings/.
Persons will also be given the
opportunity to present their written or oral comments at the public rule
hearing.
The agenda for the board meeting will be posted and
available at least 72 hours before the meeting on the Board website at https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/podiatry/pod-board-information/pod-board-meetings/.
Copies of the rules or the agenda may
also be obtained by contacting Martha Gallegos, Senior Board Administrator at
(505) 476-4617.
An individual with a disability who is
in need of a reader, amplifier, qualified sign language interpreter, or
other form of auxiliary aid or service to attend or participate in the hearing,
please contact Martha Gallegos, Senior Board Administrator (505) 476-4617.
Statutory Authority: Subsection E, Paragraph 2 of Section 61-8-6 NMSA 1978
of the Podiatry Act, Sections 61-8- 1 to -17 NMSA 1978, specifically authorizes
the Board to “promulgate, in accordance with the State Rules Act, all rules for
the implementation and enforcement of the provisions of the Podiatry Act.”
Subsection E, Paragraph 10 of Section 61-8-6 NMSA 1978 of the Podiatry Act,
Sections 61-8-1 to -17 NMSA 1978, specifically authorizes the Board to
“promulgate rules setting standards of preliminary and professional
qualifications for the practice of podiatry.” Subsection E, Paragraph 11 of
Section 61-8-6 NMSA 1978 of the Podiatry Act, Sections 61-8-1 to -17 NMSA 1978,
specifically authorizes the Board to “promulgate rules and prepare and
administer examinations for the licensure and regulation of podiatric
assistants as are necessary to protect the public.” Subsection E, Paragraph 12
of Section 61-8-6 NMSA 1978 of the Podiatry Act, Sections 61-8-1 to -17 NMSA
1978, specifically authorizes the Board to “determine by rule all
qualifications and requirements for applicants seeking licensure as podiatrists
or podiatric assistants.” Subsection E, Paragraph 13 of Section 61-8-6 NMSA
1978 of the Podiatry Act, Sections 61-8-1 to -17 NMSA 1978, specifically
authorizes the Board to “promulgate rules and prepare and administer
examinations for applicants seeking licensure as foot and ankle radiation
technologists.” In addition, Section 61-1- 31.1 NMSA 1978 of the Uniform
Licensing Act, requires the Board to “determine those states and territories of
the United States and District of Columbia from which the board will not accept
an applicant for expedited licensure and those foreign countries from which the
Board will accept an applicant for expedited licensure.”
Purpose of Proposed Rules:
The proposed rules are intended to provide greater clarity in existing
regulatory and statutory requirements, ensure continued high levels of
professionalism among licensees and certificate holders, and to generally to
promote, preserve and protect the public health, safety
and welfare. In addition, several of the proposed rule changes are intended to
address recent statutory changes to the Uniform Licensing Act, Sections 61-1-1
through 37 NMSA 1978 and the Podiatry Act, Sections 61-8-1 to -17 NMSA 1978.
See H.B. 191, 56th Leg., Regular Session. (N.M. 2022), available at
https://nmlegis.gov/Sessions/22%20Regular/final/HB0191.pdf.
Summary of
Proposed Changes: The Board summarizes its proposed changes to
its administrative rules as follows:
16.21.2 NMAC -
Fees
The proposed changes to Part 2 of the Board’s current
rules consist of adding language. In addition to minor non-substantive changes,
the new Part 2 provides for license fees for the initial license term of
licensees receiving their license pursuant to the provisions for expedited
licensure for applicants currently licensed in an eligible jurisdiction.
16.21.4 NMAC -
Expedited Licensure by Reciprocity
The proposed changes to Part 4 of the Board’s current
rules consist of repealing and replacing existing language. The new Part 4
provides for expedited licensure for applicants currently licensed in an
eligible jurisdiction and expedited licensure for military service members,
their family members, and veterans. These additions include definitions
applicable to Part 8, a listing of disapproved licensing jurisdictions and the
reasons therefore, a list of approved foreign jurisdictions, provisions for the
requirements of the expedited licensure application for applicants currently
licensed in an eligible jurisdiction, and provisions regarding the initial term
of an expedited license and its renewal.
16.21.6 NMAC -
Licensure for Military Service Members, Spouses and Veterans
The Board proposes to amend 16.21.6 NMAC to reflect
the changes required by HB 191 and its amendment of Section 61-1-34 NMSA 1978
of the Uniform Licensing Act and Section 61-8-9 NMSA 1978 of the Podiatry
Act. Specifically, the Board proposes to
repeal the enitrety of this rule as it provisions as
amended by HB 191 have been addressed in the Board’s proposed amendments to
rule 16.21.4 NMAC.
16.21.7 NMAC -
License Expiration and Renewal
The proposed changes to Part 7 of the Board’s current
rules are to amend the existing language. In addition to minor non-substantive changes,
the proposed amendments to Part 7 allows the initial licensing period for all
licensees to extend beyond twelve months but less than twenty-four months in order to providing for syncing individual license renewal
to the Board’s annual licensing renewal cycle.